Benjamin Filaferro, Author at LexisNexis Middle East

Weekly Spotlignt: The DIFC Has Amended its Company, Real Estate and Strata Law Regimes

17/11/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on regulatory developments in Dubai, where the Dubai International Financial Centre has amended its Company, Real Estate and Strata Law regimes. The changes to the Companies regime came into effect on 12 November 2018 and the changes to the Real Estate and Strata Law regimes came into effect on 14 November 2018. These changes have been analysed by Al Tamimi & Company and can be read at https://www.lexismiddleeast.com/doc/2720578_2720581 and https://www.lexismiddleeast.com/doc/2720588_2720593.

These changes and other legislative changes have also been analysed by BSA Ahmad Bin Hezeem & Associates LLP. Their insights can be read at https://www.lexismiddleeast.com/doc/2720154_2720163?highlight=bsa.

Weekly Spotlight

Weekly Spotlight: Abu Dhabi Global Market Courts Issued a Public Consultation on Litigation Funding Rules

11/11/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on regulatory developments in Abu Dhabi, where the Global Market Courts have issued a public consultation on litigation funding rules. The consultation ends on 5 December 2018.

They will provide parties with greater certainty on the enforceability of funding arrangements which have been entered into in connection with proceedings in Abu Dhabi Global Market. They are intended to apply to funding agreements used in connection with both court litigation and arbitration proceedings conducted in the Abu Dhabi Global Market. The public consultation includes the conditions and requirements of funders and the types of funding structures.

They will apply to litigation funding agreements which are defined in the Abu Dhabi Global Market Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015.

They will set out the highest standards of best practice in litigation funding for Abu Dhabi and wider UAE and have taken the frameworks which are in place in other international jurisdictions where third party funding is common practice into consideration.

News developments

Egypt: Proposal to Grant Residency to Foreigners Who Purchase Property Under Consideration

10/11/201811/12/2019
by Benjamin Filaferro

Egypt’s Housing Ministry has announced criteria for granting residency to foreigners who purchase residential units under construction are being considered. The Ministry said residency will be granted to owners of units who purchase them in US Dollars, provided the minimum payment for a unit is 40% of its price or at least $100,000 and the period of construction of the property does not exceed four years. The Ministry added the passport department is responsible for determining the length of stay, according to the transfer amount. The Ministry added that in terms of constructed residential units, residence will be granted in line with the law and an Interior Ministry Decision to this effect.

News developments

Saudi Arabia: VAT Registration Deadline for Small and Medium Sized Enterprises Looming

10/11/201811/12/2019
by Benjamin Filaferro

The Saudi Arabian authorities have provided a transitional concession to SMEs who exceed the mandatory threshold of 375,000 Riyals for VAT registration purposes, but make supplies of less than 1,000,000 Riyals in a 12 month period by delaying their need to register for VAT until 1 January 2019. However this extension is rapidly drawing to a close and affected SMEs now need to focus on addressing the requirement to become VAT compliant.

News developments

UAE: VAT Tourist Refund Scheme to be Launched on November 18

30/10/201811/12/2019
by Benjamin Filaferro

The UAE’s Federal Tax Authority has announced the Tax Refund for Tourists Scheme will start on 18 November. It will allow eligible tourists to request VAT refunds they incur on purchases. The first phase will see the digital system of the Tax Refund for Tourists Scheme implemented at Abu Dhabi, Dubai and Sharjah International Airports. By mid-December, the system will be fully operational and will include all airports and land and sea ports in the UAE in line with the Cabinet Decision to strengthen the UAE’s leading position as a global tourist destination.

News developments

Egypt: Amendments to Real Estate Tax Law Approved

30/10/201811/12/2019
by Benjamin Filaferro

Egypt’s Parliamentary Budget Committee has approved the amendments to the 2008 Real Estate Tax Law. The Committee approved the proposal to extend the real estate revaluation period from August 2018 to August 2021, instead of the Government’s proposal to extend it 2020 only. It is understood the Government will submit a new draft real estate taxes law before 31 December, which will include significant amendments. The Finance Ministry has agreed to make changes to prepare for implementing the real estate tax law in the coming days.

Weekly Spotlight

Weekly Spotlight: Draft Qatari DNA Law Approved

30/10/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on legal developments in Qatar, where the Cabinet has approved a draft DNA Law and referred it to the Shoura Council to consider. If approved it will replace Qatar Law No. 9/2013 and under the Law, the Interior Ministry will establish a DNA database and will be the relevant authority. It will be devoted to preserving genetic fingerprints resulting from samples taken under the Law. It will be illegal to take biological or biochemical samples and to carry out DNA tests, or store data in a DNA database, for evidence, investigation or trial, without a Public Prosecution decision or a competent court decision to do so.

Data recorded in the DNA database will be confidential and may not be viewed without the permission of the Interior Minister, the Public Prosecution or the competent court.
In addition, DNA tests and data kept in the DNA database will be authoritative unless proven otherwise, except where provided for in Chapter 2, Part 6 of the Family Law.

News developments

UAE: Regulations Regarding Residence Permits and Visitor Visas to Come into Effect

22/10/201811/12/2019
by Benjamin Filaferro

The UAE’s Federal Authority for Identity and Citizenship has announced that from 21 October 2018, it will start implementing select UAE Cabinet Decisions regarding residence permits and visitor visas. It is expected that on 21 October 2018 the regulations on residence permits for widowed or divorced women, residence permits for students under parents’ sponsorship and in-country visit visa renewal will come into effect.

News developments

Qatar: Exit Permit Requirement for Foreign Nationals’ Departure from Qatar to be Abolished

22/10/201811/12/2019
by Benjamin Filaferro

Qatar’s Interior Ministry and Administrative Development, Labour and Social Affairs Ministry has announced the exit permit requirement for foreign nationals’ departure from Qatar will be abolished on 28 October 2018. The Ministry has also called on employers to submit lists of individuals who, based on the nature of their work, should continue to obtain their sponsor’s pre-approval before exiting Qatar. The number of these workers must not exceed 5% of the total headcount of the company.

Weekly Spotlight

Weekly Spotlight: Five Oman Sultani Decrees Approved

22/10/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on legal and regulatory developments in Oman, where the Sultan has approved five Sultani Decrees, including a Decree amending the country’s Law on the Protection of Competition and Prevention of Monopoly.

Oman Sultani Decree No. 22/2018 amends Article 1 of Oman Sultani Decree No. 67/2014 replaces the word ‘Authority’ wherever it occurs in the Law with ‘Centre’ and replaces the definition of the ‘Authority’ wherever it occurs in the law with ‘The Centre: Centre of Protection of Competition and Prevention of Monopoly’. Anything which contradicts or contravenes the Decree is cancelled. It will be published in the Official Gazette and come into force the day after it is published.

The Sultan also approved a Sultani Decree amending Oman Sultani Decree No. 35/2012 which promulgates the System of the Public Authority for Investment Promotion and Exports Development. Under Oman Sultani Decree No. 23/2018, anything which contradicts or contravenes the Decree is cancelled. It will be published in the Official Gazette and come into force the day after it is published.

In addition, the Sultan approved Oman Sultani Decree No. 26/2018 establishing the Oman Commercial Arbitration Centre. It will be affiliated to the Oman Chamber of Commerce and Industry but will have its own legal identity and financial and administrative autonomy. The Chairman of the Board of Directors of the Oman Chamber of Commerce and Industry will issue the operational systems and functions of the Commercial Arbitration Centre. Anything which contradicts it is cancelled. It will be published in the Official Gazette and come into force on the day it is published.