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Exclusion Order
"I need an exclusion order to restrict access to a government facility for a period of 12 months, applicable to individuals without security clearance, with a review every 3 months for compliance."
What is an Exclusion Order?
An Exclusion Order is a legal directive in Saudi Arabia that prevents specific individuals or entities from participating in government contracts, tenders, or business activities. These orders typically follow serious violations of Saudi regulations, corruption cases, or breaches of contractual obligations.
The Saudi government uses these orders to maintain market integrity and protect public interests. When issued, an Exclusion Order can bar the affected party from bidding on new projects, receiving permits, or engaging in certain commercial activities for a set period. Companies must carefully check the official exclusion lists before entering business relationships to avoid compliance issues.
When should you use an Exclusion Order?
Government agencies and regulatory bodies in Saudi Arabia issue Exclusion Orders when businesses or individuals commit serious violations that threaten market integrity. Common triggers include fraudulent contract practices, repeated safety violations, financial misconduct, or major breaches of Saudi commercial regulations.
Private organizations can request Exclusion Orders through proper legal channels when dealing with contractors or business partners who have engaged in corrupt practices, breached critical agreements, or violated trust. The order effectively blocks the excluded party from participating in future tenders, contracts, or specific business activities across the Kingdom.
What are the different types of Exclusion Order?
- Temporary Exclusion Orders: Limited-duration bans, usually 1-3 years, for minor to moderate violations of regulations or contractual breaches
- Permanent Exclusion Orders: Lifetime bans reserved for severe cases like major fraud or national security threats
- Sector-Specific Orders: Restrictions limited to particular industries like construction, healthcare, or defense contracting
- Entity-Wide Orders: Comprehensive bans affecting all subsidiaries and affiliated companies of the excluded organization
- Conditional Orders: Exclusions that can be lifted once specific remedial actions are completed or compliance requirements are met
Who should typically use an Exclusion Order?
- Government Regulatory Bodies: Issue and enforce Exclusion Orders through official channels, particularly the Ministry of Commerce and Investment
- Public Procurement Agencies: Maintain and monitor exclusion lists for government contracts and tenders
- Legal Departments: Review and process Exclusion Order requests, ensure compliance with Saudi regulations
- Affected Businesses: Subject to the restrictions and must cease specified activities in relevant sectors
- Compliance Officers: Screen potential business partners against existing Exclusion Orders to avoid prohibited relationships
How do you write an Exclusion Order?
- Evidence Documentation: Gather detailed records of violations, incidents, or breaches that justify the exclusion
- Entity Details: Compile complete legal information about the party to be excluded, including all subsidiaries and affiliates
- Scope Definition: Specify exact activities, sectors, and geographical areas covered by the order
- Duration Planning: Determine appropriate length of exclusion based on violation severity and regulatory guidelines
- Legal Validation: Our platform ensures your Exclusion Order follows Saudi legal requirements while maintaining clear, enforceable terms
- Notice Requirements: Prepare official notification documentation and delivery methods as per Saudi regulations
What should be included in an Exclusion Order?
- Entity Identification: Full legal names, registration numbers, and addresses of all excluded parties
- Violation Details: Specific description of infractions or breaches leading to exclusion
- Scope Definition: Clear outline of prohibited activities, affected sectors, and geographical boundaries
- Duration Terms: Explicit start date and end date or conditions for lifting the order
- Legal Authority: Reference to relevant Saudi laws and regulations authorizing the exclusion
- Appeal Rights: Description of available appeal procedures and deadlines
- Official Signatures: Authorized signatures from relevant government bodies or regulatory authorities
What's the difference between an Exclusion Order and a Cease and Desist Order?
An Exclusion Order differs significantly from a Cease and Desist Order in both scope and application within Saudi Arabia's legal framework. While both are regulatory enforcement tools, they serve distinct purposes and have different impacts on business operations.
- Duration and Scope: Exclusion Orders typically impose longer-term restrictions, often lasting years, and affect multiple business activities. Cease and Desist Orders usually address immediate specific violations and require immediate stoppage of particular activities.
- Legal Authority: Exclusion Orders come from higher government bodies and affect participation in public contracts and tenders. Cease and Desist Orders can be issued by various regulatory authorities for specific violations.
- Impact Level: Exclusion Orders create comprehensive restrictions across sectors or activities. Cease and Desist Order typically targets single behaviors or practices that need immediate correction.
- Remedy Process: Exclusion Orders require formal rehabilitation processes for reinstatement. Cease and Desist compliance often involves simpler corrective actions.
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