I INTRODUCTION

Saudi Arabia is the largest market economy in the Middle East and North Africa in terms of gross domestic product (GDP)2 and, with 33 per cent of the world's proven petroleum reserves, is the largest exporter of oil in world.3 However, with a population of approximately 33.4 million,4 39 per cent of whom are below the age of 25,5 and an oil price that was lower on average than in previous years,6 the focus for 2018 was change. This reflects the continuing trend in the country for modernisation and implementing change, both on the social and the economic fronts, as evidenced by an uptick in government spending, the slew of regulatory and government reforms, and the resumption of significant spending on infrastructure. The austerity measures of previous years have eased and the government plans to increase its spending by 7 per cent in 2019 in an effort to spur economic growth, which has been badly affected by low oil prices, according to a 2019 state budget announced by King Salman.7 Government spending, which historically accounted for a significant part of construction activities in Saudi Arabia, increased as the government had more confidence in oil prices and increases in non-oil revenues.8 The government launched its Vision 2030, a road map for the future aiming to diversify revenues away from oil dependence.9

In 2016, as the first step towards achieving Vision 2030, the country embarked on its National Transformation Program 2020 (the NTP 2020), led by Crown Prince Mohammad Bin Salman Al Saud, to be fully implemented by 2020. On the basis of the NTP 2020, the government approved the Fiscal Balance Program, a five-year financial plan to eliminate the budget deficit by 2020.10 In 2017, Saudi Arabia reshaped its NTP 2020 with the revised NTP 2.0, and commenced implementing a series of Vision Realisation Programmes aimed at achieving its goals. This is to be achieved through the newly established National Centre for Privatisation and Public-Private Partnerships (NCP), which highlights the country's serious re-evaluation of common approaches to construction, government procurement and housing.11

In addition, the White Land Tax Regulation, enacted in June 2016 to incentivise building in the country by taxing landowners of undeveloped land plots of more than 10,000 square metres in size,12 has positively influenced development and stimulated building work.13

ii THE YEAR IN REVIEW

The budget deficit for 2018 is expected to reach 136 billion riyals (about 4.6 per cent of GDP), compared to an estimated deficit of 195 billion riyals in the approved budget (equivalent to 6.9 per cent of this year's estimated GDP). The deficit has improved significantly from its 2017 level, when it stood at 9.3 per cent of GDP, which confirms the government's determination to maintain fiscal discipline without compromising development projects. Revenues in 2018 are expected to rise by 29.4 per cent to reach 895 billion riyals, owing to an increase in oil and non-oil revenues. Total expenditure is estimated to grow by 10.8 per cent, amounting to 1.03 billion riyals, compared with actual expenditure in 2017.14

The government has continued to implement reforms relating to both revenue and expenditure, including the implementation of the second phase of the energy price reform and the introduction of value added tax (VAT) in January 2018. To minimise the side-effects of implementing such initiatives, the Citizen Account Programme was launched to compensate eligible individuals and households who are affected. In the 2019 budget, the government aims to reduce the budget deficit to approximately 4.2 per cent of GDP compared to the expected 4.6 per cent in 2018. The increase in total revenue is projected at 9 per cent compared to expectations in 2018, while the increase in non-oil revenues is estimated at 9 per cent. The government will continue implementing finance business partnering initiatives in 2019, including increasing the effectiveness of VAT management, continuing the energy prices reforms to be aligned with the reference energy prices by 2025, and continuing the application of the expat levy. Other economic initiatives and reforms will also continue to be implemented, in line with Vision 2030. The 2019 budget shows a 7.3 per cent increase in total expenditure compared to 2018, fuelled by a 19.9 per cent increase in government investments (capital expenditures) to finance the initiatives and projects for the Vision2030 Realisation Programmes, including housing projects, launching megaprojects and developing the infrastructure to stimulate economic growth and to create more jobs for citizens.15

iii DOCUMENTS AND TRANSACTIONAL STRUCTURES

i Transactional structures

The launch of the NCP and the privatisation drive that was reflected in the NTP 2020 started to shift the model for spending and project construction in Saudi Arabia. That said, and while change is noticeable through the implementation of privatisation goals, it is difficult to say whether, on the whole, there was a significant shift in the type of project financing or contracting and use models in projects in Saudi Arabia. Contractor balance sheet financing continued to be the prevailing method of project finance, with secured project financing remaining within the realm of only a handful of megaprojects. However, from 2017, there has been a resumption of equity financed constructions, mostly within the residential sector, by raising capital through publicly listed and private investment funds.

This traditional construction model was deployed across the spectrum of local and foreign contractors. In 2015, the Saudi Arabian General Investment Authority (SAGIA) implemented a fast-track system to license foreign investors in the country, including issuing temporary foreign investment licences to firms engaged in public work.16 The requirements for foreign investment licences were further eased by SAGIA in February 2016 with a significant reduction in the required documentary submissions.17 In 2017, SAGIA published a revision to various capital requirements for foreign investments in the country, including with respect to engineering, procurement and construction licensing.18

While Saudi Arabia has for some years seen some deployment of construction and use models for public-private partnerships (PPPs), the use of these models increased significantly in the wake of the prolonged period of low oil revenues and the increasing government spending deficit. This is in line with the NTP 2020, which calls for an increase in privatisation and private sector participation in the GDP by shouldering 40 per cent of the funding burden,19 and is further accelerated by the launch of the NCP, one aim of which is to accelerate the deployment of PPP in Saudi projects through effective project management, building the regulatory framework and providing advisory services. PPP models commonly deployed in Saudi Arabia include build-own-operate-transfer, build-operate-transfer and build-own-leaseback.

Project financing in Saudi Arabia remains within the realm of megaprojects, deployed following both conventional and shariah-compliant structures. Conventional project finance follows the form of secured lending with pledges over project land, assets and proceeds. It is commonly used in financing by Saudi government entities such as the Public Investment Fund and the Saudi Industrial Development Fund, and by foreign banks and export credit agencies. Shariah-compliant (or Islamic) financing is deployed more commonly through Gulf-based shariah-compliant banks, local mutual funds and publicly listed debt instruments, and while it can follow a number of structures, the mudarabah structure is emerging as the most common in such transactions.

ii Documentation

Direct construction contracts continue to be the most widely used in Saudi Arabia. Based on the requirements of Article 29 of the Government Tenders and Procurement Law20 and Article 32 of its Implementing Regulations, government contracts use specific contract forms prepared by the Ministry of Finance and approved by the Council of Ministers. Government contract forms are available for a range of project-related services, including public works, operation and maintenance, design and project management.21 Variants of government contract forms may be permitted in exceptional circumstances, such as large complex projects, but require approval from the King.22

Private-party construction and projects works commonly employ a direct contracting structure. Construction contracts are typically between the employer (i.e., the owner or developer) and the contractor, and the International Federation of Consulting Engineers (FIDIC) contract forms are commonly deployed for large and medium-sized projects.

Aside from construction, project documents commonly include offtake agreements, supply agreements and intellectual property licensing agreements. If a project calls for the creation of an incorporated joint venture in the country, the parties to the joint venture commonly enter into a shareholders' agreement to further articulate and regulate the relationship beyond what is commonly listed in a company's articles of association.

iii Delivery methods and standard forms

Public project delivery follows the contract forms provided by the Ministry of Finance, which are structured according to the requirements of the Government Tenders and Procurement Law and its Implementing Regulations. Project delivery in private projects reflects international practices, with design-build, construction and turnkey projects being the most common. The engineering, procurement and construction (EPC) method of contracting is also commonly deployed in larger projects, including the use of FIDIC Silver Book EPC/Turnkey conditions of contract.

With the increase in PPP projects, we are also witnessing an increase in design-build-operate, especially in relation to revenue-generating infrastructure, such as airports. The NCP additionally sets the stage for an increase in the use of such contracts in roads, railways and ports.23

IV RISK ALLOCATION AND MANAGEMENT

i Management of risks

Against the background of an overarching requirement for fairness in contracts, Saudi law, based on shariah and enacted legislation, enforces the terms of contracts agreed by the contracting parties. Contracted project risk allocation and security provisions are therefore commonly viewed as enforceable pursuant to the laws of the country. This includes design assumption provisions, work guarantees, delay damages, and parent company and bank performance guarantees. This is, of course, to the extent that the provisions are not unfair or unjust in application.

Fairness elements in projects and construction are commonly examined in situations where one of the parties lacks the contractual control over triggers to its financial or performance liability. Examining tribunals applying the laws of the country may therefore invalidate on the grounds of a violation of the shariah principle requiring fairness-in-dealings provisions relating to liability against a party that does not control the triggers to the liability. An example of this is commonly seen in the enforceability of delay damages in a contract in which the causes of the delay were beyond the control of the contract.

ii Limitation of liability

Contractual provisions providing for limitation of liability between the contracting parties are generally enforceable pursuant to the general shariah principle of freedom of contract. In projects and construction, liability is commonly limited by contract to the contract value or 110 per cent of the contract value. The parties also commonly exclude by contract any liability for indirect or consequential losses, including losses of profit or business. This exclusion is additionally provided by law through the shariah principles against uncertainty (gharar), whereby a claim for indirect or consequential losses will be subject to challenge on the grounds that the claim was based on uncertain determinations at the time of drawing up a contract.

iii Political risks

Private property is protected from usurpation or trespass by law. Article 18 of the Basic Governing Law24 provides that property shall not be usurped or taken in the absence of a court judgment. This protection is identical for both local and foreign-owned property, and is reflected in Article 11 of the Foreign Investment Law.25 The Regulations for the Expropriation of Real Estate for the Public Benefit and the Temporary Acquisition of Real Estate Law26 regulate the requirements and applicable compensation for the expropriation of real property for public benefit, and further provide for protection of private property from public expropriation.

These property protections apply similarly in relation to government interference in private contracts, with contracts generally considered enforceable to the extent that they do not violate shariah principles. That said, a force majeure provision suspending or excusing the performance of contracts is implied by law. This provision may be relied on, where applicable, to affect offtake or supply agreements to the extent that government policy requires the cessation of offtake or supply.

Saudi Arabia does not apply any currency exchange or fund transfer restrictions aside from those relating to money laundering.

Finally, as a member of the Multilateral Investment Guarantee Agency (MIGA), investors and project financiers may obtain political risk insurance for investment, including project financing, in the country. MIGA extends insurance for losses relating to currency inconvertibility and transfer restriction, expropriation, war, terrorism and civil disturbance, breach of contract and not honouring financial obligations.

V SECURITY AND COLLATERAL

As noted previously, contractor balance sheet financing has been the main method of funding projects in Saudi Arabia. With the Saudi riyal exchange rate fixed against the US dollar, borrowers in Saudi Arabia have benefited from a prolonged period of low interest rates that has facilitated balance sheet financing. Bank lenders commonly require borrowers in construction to forward security in the form of pledges over real estate or stock. Security interest in real property is acquired through a contractual pledge perfected through the registration of the security interest on the property title deed through the office of a notary public. Security interest in stock or other movable assets, such as shares or physical assets, is perfected through registration at the Unified Centre for Lien Registration maintained at SAGIA and governed by the Commercial Pledge Law.27

In project financing, project sponsors are commonly requested to provide completion guarantees to fund project cost overruns. The creditworthiness of project offtakers is also commonly examined, and financiers are likely to require offtaker payment guarantees from large affiliates of offtaker special purpose vehicles or trading companies. Security commonly includes project assets and floating liens over project receivables. Security pledges in contracts, including loan agreements, are commonly recognisable and enforceable pursuant to the laws of the country.

Floating liens over receivables are commonly achieved through obtaining security interest on designated bank accounts opened and maintained at a pledgee bank as security agent.

Step-in rights with respect to projects are legally enforceable but are not commonly exercised. Lenders generally prefer to enforce security over assets they may transfer quickly and at low cost.

vi BONDS AND INSURANCE

Construction contracts, both public and private, commonly include a requirement on the contractor to post a performance guarantee in the form of a bond callable on a local bank in Saudi Arabia. Contractors also commonly post bonds to secure advance payments made by the employer or owner to the contractor. Bank bonds are generally issued by banks, following standardised language resembling a form published by the bank regulator, the Saudi Arabian Monetary Authority.

Insurance for property, general liability, workers' compensation and health are readily available through insurers in Saudi Arabia, and are commonly required by employers in significant construction contracts. Project and construction insurance is also commonly obtained in large projects, but mainly through foreign insurers or reinsurers working through insurance brokers.

vii ENFORCEMENT OF SECURITY AND BANKRUPTCY PROCEEDINGS

Outside bankruptcy proceedings, and with respect to most types of collateral, the secured lender's enforcement of a pledge over collateral requires the lender to make an application to the general court of applicable jurisdiction to force the sale of collateral and payment of the amount of the loan. The procedures for the enforcement of a security interest given in publicly listed stocks, however, may vary depending on the authority contractually granted to the portfolio custodian.

Prior to the passage of the new Bankruptcy Law, bankruptcy proceedings were simplified and had the aim of administering a guided settlement of a debtor's obligations. Pursuant to the Bankruptcy Preventive Settlement Law,28 the process for settlement may be initiated by the debtor29 and is guided by designated committees at local chambers of commerce.30 Secured lenders may be exempted from settlement proceedings to the extent of their preference with relation to the collateral.31 A more detailed bankruptcy law that sets out procedures for liquidation and reorganisation has been finalised and approved by King Salman bin Abdulaziz Al Saud pursuant to Royal Decree No. M/05 dated 28/05.1439 H (corresponding to 13 February 2018 G), which was thereafter published in the Official Gazette (Um Al-Quraa) on 06/06/1439 H (corresponding to 21 February 2018 G). The Bankruptcy Law will enter into force from the date of its implementing regulations being issued, which will not exceed 180 days from the publication date of the Bankruptcy Law. This new Bankruptcy Law will effectively replace the Law of Settlement Against Bankruptcy issued pursuant to Royal Order No. M/16 dated 04/09/1416 H and all other provisions or laws that are inconsistent with it.

viii SOCIO-ENVIRONMENTAL ISSUES

i Licensing and permits

The General Environmental Law32 requires government bodies overseeing the permitting of projects in Saudi Arabia to require project owners to undertake an environmental impact assessment during the feasibility study phase for all projects that may yield a negative environmental impact.33 The guidelines for impact assessments are set out in Appendix 2 (Standards and Procedures for Assessing Environmental Impact for Industrial and Development Projects) of the Law's Implementation Rules. An environmental impact assessment is subject to the approval of the General Authority of Meteorology and Environment Protection.34 In addition, persons overseeing projects with negative environmental impact are required to put in place contingency plans to prevent or mitigate negative environmental impact and to ensure their ability to execute these plans where needed.35

ii Equator Principles

We are not aware of any rules or guidance from a relevant Saudi government body relating to the Equator Principles. Our search of the list of members did not yield any financial institutions in Saudi Arabia that have adopted the Equator Principles.36

iii Responsibility of financial institutions

Generally, project lenders are not considered as entities that are responsible for a project being in compliance with applicable regulations, including social or environmental regulations. We are not aware of any instances in which financing parties were found responsible for project performance or impact.

ix PPP AND OTHER PUBLIC PROCUREMENT METHODS

i PPP

Saudi Arabia does not have a specific law governing PPPs, which are further restricted because of the requirements of the Government Tenders and Procurement Law that mandate the use of Ministry of Finance-approved contract forms in government contracting.37 As stated in Section III.i, however, a number of PPP models have been deployed in the country, and it is expected that the use of these models will accelerate in the future as a result of the reduction in oil revenues. In addition, and with the launch of the NCP, it is highly anticipated that the legal frameworks for PPP models will be defined and shaped.

Existing PPP transactions have used a number of structures to navigate the requirements of the Government Tenders and Procurement Law. An imperative consideration regarding these structures is the government body's authority to enter into contracts or carry out work beyond the reach of the Government Tenders and Procurement Law. This authority may be pursuant to an express exemption granted based on Article 79 of the Law, or pursuant to alternative contracting arrangements, such as contracting through an independent and exempt government authority or through a government-owned company. In the past few years, we have witnessed a rise in the use of the latter of these approaches in relation to the execution of PPP in the energy, healthcare and housing sectors. However, a case-by-case review of the proposed PPP structure and the legal authority it relies on is commonly undertaken by project stakeholders.

ii Public procurement

The Government Tenders and Procurement Law regulates the government's procurement of products and services. Two aims of this Law are (1) to curtail corruption and personal influence, and (2) to administer public spending effectively through competition and equal opportunity.38 Thus, the Law requires government entities to procure goods and services through a public bid process, save for certain express exceptions.39 It mandates the publication of tenders40 and the equal treatment of qualified bidders.41

The Law gives preference to goods and services produced in Saudi Arabia.42 The bidding procedures mandated by the Law reflect common corporate practices, including the submission of sealed bids for opening on a specified date,43 the submission of bid bonds,44 and review by a specialised review committee.45 Submitted bids must be valid for 90 days.46 The tendering government body must consider the review committee's considerations and award the tendered contract within the bid validity period.47

X FOREIGN INVESTMENT AND CROSS-BORDER ISSUES

Saudi Arabia is a member of the World Trade Organization and has a generally permissive cross-border trade regime. Investors seeking to establish a permanent presence in Saudi Arabia must be licensed by SAGIA.48 The relevant Saudi investment laws allow 100 per cent foreign ownership of foreign investment in most sectors, including contracting services and EPC.49 Of relevance is the exclusion from the foreign investment allowance of real estate investment in the holy cities of Mecca and Medina. Foreign investors in Saudi Arabia may conduct business using any one of the following forms of entity:

  1. a limited liability company;
  2. a branch;
  3. a joint stock company (open or closed);
  4. a temporary commercial registration;
  5. a professional company; and
  6. a technical scientific services office.

SAGIA licensing procedures classify foreign contractors according to their size and capabilities, and this classification determines the contractors' public tender participation. Upon obtaining a foreign investment licence, a foreign investor proceeds to form the commercial entity in the same manner as any local investor. The Foreign Investment Law provides that foreign-owned entities shall receive the same benefits, incentives and guarantees that are enjoyed by nationally owned entities pursuant to applicable regulations.50

In 2017, SAGIA amended the procedure for issuing a foreign investment licence to simplify and reduce the documentary submission requirements, and launched an initiative titled 'the 10-minute licence' for publicly listed companies considering investing in Saudi Arabia.

Removal of profits and investment

The Saudi riyal exchange rate with the US dollar is fixed and maintained by the Saudi government, providing for ease of cross-border transfers, liquidity and exchange rate stability. This also allows for holding and transacting in foreign currencies in the country, and local banks commonly maintain bank accounts in a number of major currencies such as the US dollar, euro and British pound. Foreign investors are free to repatriate all profits, capital gains, distributions and proceeds or use them as they see fit.51 However, distributions of profits to a foreign party are subject to withholding tax at the rate of 15 per cent.

In addition, Saudi Arabia has signed more than 30 double taxation treaties that may provide for lowering the effective tax rate with respect to distributed profits.52

XI DISPUTE RESOLUTION

i Special jurisdiction

Construction and contractual disputes are considered commercial disputes within the general jurisdictions of the commercial courts of Saudi Arabia (currently under the Board of Grievances).53 The foregoing notwithstanding, the competent body to hear any dispute relating to banking activities by or against banks in the country is the Committee for Banking Disputes, which operates under the Saudi Arabian Monetary Agency.54 The Committee holds special jurisdiction to hear disputes relating to bank guarantees or bank collateral enforcement in project financing; however, it does not have jurisdiction to review underlying contracts.55

Parties to large construction projects in Saudi Arabia often prefer to resort to arbitration as the exclusive method of dispute resolution. Such a choice would be binding pursuant to Article 11 of the Arbitration Law.56

ii Arbitration and ADR

Arbitration and alternative dispute resolution procedures are commonly used, especially in large construction and project undertakings for which specialised knowledge and expertise is desired in the adjudicating tribunal. Arbitration clauses in contracts are generally enforceable pursuant to the Arbitration Law.57 However, parties should note that government bodies are restricted from using arbitration as a means to resolve disputes in the absence of approval from the Prime Minister (a position held by the King).58 This restriction can affect any construction and financing projects to which the government is a party.

Saudi Arabia recognises and enforces arbitral awards issued in a country that is a signatory to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (known as the New York Convention)59 or other countries based on reciprocity principles, including through the GCC Convention on the Enforcement of Judgments and Judicial Representation and Notices60 or the Arab League Convention for the Enforcement of Judgments of 1952. Saudi Arabia is also a contracting state of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (known as the ICSID Convention). However, the enforcement of arbitration awards, both foreign and domestic, by Saudi courts is limited to the extent that the awards do not violate shariah principles or public policy.61 In relation to these provisions, parties are commonly advised that an arbitral award of interest, or amounts corresponding to interest, are not likely to be enforceable in Saudi Arabia because the payment of interest violates the shariah principle prohibiting usury.

XII OUTLOOK AND CONCLUSIONS

Saudi Arabia witnessed a construction boom for nearly a decade on the back of high oil prices, but with prices more than halving in 2014, and remaining at around US$65 per barrel throughout 2018, the country's development and construction agenda was questioned in light of the reduced oil revenues. The resulting increase in risk was evidenced by the severe reduction in infrastructure spending and contract awards witnessed in 2016 and early 2017. Nonetheless, because of a number of socio-economic factors, including demographics and GDP diversification, Saudi Arabia is in the process of reorganising its spending programmes and planning a new model for continued growth and development.

The announced Vision 2030 and the NTP 2020 have produced new plans for government leadership in relation to growth, and have resulted in calls for an increase in alternative project financing and PPP arrangements. This has already led to the establishment of the NCP and is expected to accelerate PPP projects, especially in the transport and logistics and power sectors, which will lead the government's effort to put in place workable and bankable structures for the deployment of projects outside the traditional government tender procedures. A number of legal initiatives announced at the end of 2017 and early in 2018 are also expected to further accelerate the return to growth, most notably the issued Bankruptcy Law and the revised Commercial Liens (Pledge) Law.

With regard to the private sector, reassessment of contracting procedures is taking place to account for a period of more restricted cash flow, including a move towards documentation and the use of internationally recognised contract forms, such as those produced by FIDIC and similar institutions. Risk assessment and management is increasingly on the radar of employers, contractors and financing banks, and this is expected to result in a drive towards better documentation, better contract management and, it is hoped, better project results.

Regarding 2019 and the near future, a return to higher levels of public spending is projected to rise to an all-time high of 1.106 trillion riyals, from an actual 1.030 trillion riyals this fiscal year, but similarly led by military and education spending. The construction-heavy infrastructure and transport sectors are expected to be significantly buoyed with 72 billion riyals, representing 6.6 per cent of the budget in planned spending, which is higher than the budget of 54 billion riyals for the sector in the last fiscal year.


Footnotes

1 Abdulrahman M Hammad is a partner at Hammad & Al-Mehdar Law Firm.

2 Data published by the Organization of the Petroleum Exporting Countries [OPEC] at www.opec.org/opec_web/en/about_us/169.htm.

3 Facts and figures published by OPEC at www.opec.org/opec_web/en/about_us/169.htm.

4 Information published by the Saudi Arabia General Authority for Statistics at www.stats.gov.sa/en/43.

5 ibid.

7 Tom Arnold, Davide Barbuscia and Andrew Torchia, 'Saudi 2019 state budget boosts spending', 18 December 2018, Reuters Business News, published at www.reuters.com/article/us-saudi-arabia-budget-
instant-view/saudi-2019-state-budget-boosts-spending-idUSKBN1OH1SG.

8 Oxford Business Group, 'Economy' in 'The Report: Saudi Arabia 2018', p. 40.

9 Oxford Business Group, 'Country Profile' in 'The Report: Saudi Arabia 2018', p. 19.

10 ibid.

11 Oxford Business Group, 'Economy', in 'The Report: Saudi Arabia 2018', p. 38.

12 Oxford Business Group, 'Construction & Engineering', in 'The Report: Saudi Arabia 2016', p. 311.

13 Oxford Business Group, 'Real Estate & Construction', in 'The Report: Saudi Arabia 2018', p. 316.

14 Ministry of Finance, 'Budget Statement: Fiscal Year 2019', published at https://www.mof.gov.sa/en/financialreport/budget2019/Documents/Budget%20Statement%202019.pdf.

15 ibid., at p. 14.

16 Oxford Business Group, 'Real Estate & Construction' in 'The Report: Saudi Arabia 2018', p. 314.

17 Saudi Arabian General Investment Authority [SAGIA], SAGIA Guide, Section 01.03 (publication of March 2015), as revised by SAGIA publication dated 15 February 2016.

18 SAGIA Services Manual 6th Edition (December 2017).

19 Kingdom of Saudi Arabia National Transformation Program 2020, published at https://vision2030.gov.sa/en/programs/NTP%202.0.

20 Issued pursuant to Royal Decree No. M/58 dated 4/9/1427 H (corresponding to 27 September 2006 G).

21 Ministry of Finance, available in Arabic at https://www.mof.gov.sa/Arabic/Pages/ServicesDirectory.aspx.

22 Government Tenders and Procurement Law, Article 79.

23 Kingdom of Saudi Arabia National Transformation Program 2020, p. 63, published at https://vision2030.gov.sa/en/programs/NTP%202.0.

24 Issued pursuant to Royal Order No. A/91 dated 27/01/1412 H (corresponding to 8 August 1992 G).

25 Issued pursuant to Royal Decree No. M/1 dated 5/1/1421 H (corresponding to 10 April 2000 G).

26 Issued pursuant to Royal Decree No. M/15 dated 11/3/1424 H (corresponding to 13 May 2003 G).

27 Issued pursuant to Royal Decree No. M/75 dated 21/11/1424 H (corresponding to 14 January 2004 G).

28 Issued pursuant to Royal Decree No. 16, dated 4/9/1416 H (corresponding to 25 January 1996 G) and its Implementing Regulations issued pursuant to Ministerial Decision No. 12 dated 14/7/1425 H (corresponding to 30 August 2004).

29 Bankruptcy Preventive Settlement Law, Article 1.

30 Bankruptcy Preventive Settlement Law Implementing Regulations, Article 1.

31 Bankruptcy Preventive Settlement Law, Article 9.

32 Issued pursuant to Royal Decree No. M/34 dated 27/8/1422 H (corresponding to 14 November 2001 G).

33 General Environmental Law, Article 5.

34 Implementing Rules of the General Environmental Law, Article 5-4.

35 General Environmental Law, Article 9-3.

36 Search carried out of the list published at https://equator-principles.com/members-reporting on 1 May 2018.

37 Government Tenders and Procurement Law, Article 29.

38 ibid., at Article 1.

39 ibid., at Article 6.

40 ibid., at Article 7.

41 ibid., at Article 3.

42 Foreign Investment Law, Article 6.

43 Government Tenders and Procurement Law, Article 10.

44 ibid., at Article 11.

45 ibid., at Article 16.

46 ibid., at Article 12.

47 ibid., at Article 20.

48 Foreign Investment Law, Article 2.

49 Foreign Investment Law, Article 3, and the Negative List, published by SAGIA.

50 Foreign Investment Law, Article 6.

51 ibid., at Article 7.

52 Published by the General Authority of Zakat and Tax at https://www.gazt.gov.sa/ar/circulars-and-tax-agreements.

53 Article 35 of The Shariah Litigation Law issued by Royal Decree No. M/1 dated 22/1/1435 H (corresponding to 25 November 2013 G).

54 Article 1, 3 of Royal Order No. 729/8 dated 10/07/1407 H (corresponding to 10 March 1987 G).

55 Principle No. 8, 20.7 of Committee for Banking Disputes Principles 1408 H–1424 H (1987 G–2003 G).

56 Issued pursuant to Royal Decree No. M/34 dated 24/5/1433 H (corresponding to 16 April 2012 G).

57 Arbitration Law, Article 11.

58 ibid., at Article 10.

59 Saudi Arabia acceded to the New York Convention by Royal Decree No. M/11 dated 16/7/1414 H (corresponding to 29 December 1993 G).

60 Saudi Arabia acceded to the GCC Convention by Royal Decree No. M/3 dated 28/4/1417 H (corresponding to 11 September 1996 G).

61 Arbitration Law, Article 55; Enforcement Law, Article 9.