Arabian Business, 4 February 2024: Saudi Arabia’s National Centre for Privatisation & PPP has published new guidelines for privatisation projects in the Kingdom.

The new guidelines are contained in the Implementing Regulations to the country’s Privatisation Law (Saudi Arabia Administrative Decision No. 1/4/2023/1445).

The Privatisation Law is contained in Saudi Arabia Cabinet Decision No. 114/1443.

They have done so following the approval of amendments late last year.

The new rules have been issued to provide businesses with more clarity.

Among the amendments, new minimum value thresholds are specified for different project types.

The minimum for public-private partnership schemes is 200 million Riyals.

The minimum for deals involving the transfer of asset ownership is 50 million Riyals.

This minimum has been based on the estimated value determined by the executive entity for the target assets.

Projects below these thresholds can still go ahead if they are approved by relevant authorities.

If the minimum threshold is not met but the relevant authority infrastructure or public service project has to go ahead, the regulations and rules related to that project will apply.

In addition, the amendments provide clearer criteria for determining if a company has been set up specifically for privatisation.

Among other considerations, a company will be deemed to have been set up for privatisation if the establishment or ownership of the company by the government is for the purpose of offering a project related to infrastructure or public services through privatisation.

The amendments have taken international practices and local experiences into account. They will replace the previous guidelines and specify the principles that must be taken into account in implementing projects. These are fairness, transparency, contract enforcement, planning and feasibility.

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