The Grievance Committee approved controls on the use of implementation service providers as part of regulations aimed at increasing the efficiency of implementation procedures, ensuring compliance with the implementation system regulations and their enforcement regulations, and achieving the highest level of governance and reliability in administrative implementation work.
This control provides that referrals for implementation services are limited to legally licensed service providers and prohibit referrals to others. However, there are certain exceptions, such as where the Implementing Party agrees to select a particular service provider and it has been approved by the Executive, or where it is not possible to secure a licensed provider, or where the temporary introduction of an unlicensed provider is permitted if a temporary license has been granted by the competent authority.
This control confirmed that entities entrusted with implementation may not seek assistance from implementation service providers, whether authorized or holding temporary licenses, except with the approval of the competent enforcement department, and that service providers and entrusted parties are legally responsible for violations.
The control required implementation service providers to fulfill a number of obligations, including complying with uniform standards, maintaining the confidentiality of data and information, documenting and preserving all implementation procedures for at least five years, in addition to providing the necessary reports and documents to departments and directors, and not to refrain from performing assigned tasks unless there is an excuse acceptable to the court.
The regulation also prohibited any conduct that would lead to a conflict of interest, and prohibited service providers and their employees from participating in auctions or carrying out work directly related to them or their relatives, provided they are fully qualified, of good conduct, and without judgments that impair their honor or integrity.
The Grievance Commission approved the Regulations on the Use of Service Providers for Enforcement as an organizational step aimed at increasing the efficiency of enforcement procedures, ensuring compliance with the provisions of the Enforcement Law and its enforcement regulations, and achieving the highest level of governance and reliability in administrative enforcement operations.
Under this regulation, referrals for enforcement services are limited to authorized service providers and referrals to others are prohibited. However, there are certain exceptions, such as when the parties involved in enforcement agree to select a particular service provider and have the approval of the Enforcement Directorate, or when a licensed provider is unavailable, temporary referral to an unlicensed provider is permitted only if a temporary license has been granted by the competent authority.
The regulation emphasizes that no enforcement entity, whether licensed or holding a temporary license, may seek the assistance of an enforcement service provider without the approval of the competent enforcement department, and holds service providers and enforcement entities legally responsible for violations.
The Regulation obliges enforcement service providers to comply with a series of obligations, the most prominent of which are compliance with uniform standards, maintaining the confidentiality of data and information, documenting all enforcement procedures and preserving them for at least five years, as well as providing the necessary reports and documents to departments and tasked organizations, and not refusing to perform assigned tasks except for reasons recognized by the court.
The regulation also prohibits any conduct that would lead to a conflict of interest, and prevents service providers and their affiliates from participating in tenders or carrying out work directly related to them or their relatives, subject to full qualifications, good conduct, and the absence of judgments that impair their reputation or credibility.
