Tough new punishments and heavy fines will be imposed on tourism property owners and operators who flout rules and regulations, according to a Royal decree that the Shura Council will review during its weekly session on Sunday.
Violators could have the classification of their facilities downgraded, outlets could be temporarily closed or have their licences revoked, and the owners could face jail terms of up to six months and slapped with administrative fines totalling a maximum of BD30,000.
His Majesty King Hamad issued Decree Law 16 of 2023 in September amending some provisions of Decree 15 of 1986 regarding the regulation of tourism, based on a proposal by the Prime Minister, and after the approval of the Cabinet.
Violations of provisions of Articles 2 and 3 of this law or the decisions implementing its provisions shall be punished by imprisonment for a period not exceeding six months and a fine of not less than BD500 and not exceeding BD50,000, or one of these two penalties.
The penalty shall be imprisonment for a period not exceeding six months and a fine of not less than BD1,000 and not exceeding BD3,000 or one of these two penalties for anyone who violates the provisions of Article 2 with regard to tourism services not subject to tourist fees.
In all cases, the court must shut down the facility in the event that tourism activity is practised without a licence. In both cases, repeating the offence is considered an aggravating circumstance.
In all of the above, except in the case of recidivism, reconciliation may be made in the offences stipulated in Articles 2 and 3 of this law or the decisions implementing its provisions, by paying the minimum prescribed fine, in accordance with the controls, procedures and period within which a decision is issued by the minister. The criminal case can be ended through reconciliation.
The decree was approved by MPs during their weekly session last Tuesday.
Under it, the Bahrain Tourism and Exhibitions Authority (BTEA) will take action against rogue operators, while any grievances may be appealed before a specialised court.
BTEA may publish a statement on the violation that has been proven to have occurred, using the means and method determined by the decision on the violation, in proportion to its gravity.
The statement shall not be published until after the deadline for appealing the authority’s decision has lapsed or a final ruling has been issued proving the violation, as the case may be.
Decision
A grievance addressed to the minister may be made against any decision issued based on the provisions of the law within 30 days from the date of the decision. The grievance will be decided upon within 20 days from the date of submitting the grievance. The expiry of the period without deciding on the grievance is considered an implicit rejection.
Grievances rejected, explicitly or implicitly, may be appealed before the specialised court within 60 days from the date of notifying the violation or from the date the grievance is considered rejected.
The decision imposing a fine shall have the force of an executive document upon the expiry of the period referred to in the previous paragraph unless the court orders its implementation to be suspended.
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