Benjamin Filaferro, Author at LexisNexis Middle East

UAE: Economic Substance Regulation Notification Deadline Announced

20/11/202020/11/2020
by Benjamin Filaferro

The UAE’s Finance Ministry has announced all companies in the UAE which engage in any of the relevant activities under the Economic Substance Regulations have to submit a notification to the Regulatory Authority by 31 December 2020. This applies to those entities whose financial year ended on 31 December 2019. If they do not, they will face administrative penalties.
The Undersecretary to the Finance Ministry added the Ministry will launch the Economic Substance Regulations portal in the first week of December 2020. The aim of the portal is to simplify the process of submitting these reports and notifications by allowing companies to submit reports, notifications and supporting documents electronically.
To help affected companies prepare the necessary applications on the Portal, the Finance Ministry has published sample notification forms on its website and social media platforms. They have also published relevant guides and documents, and a notice regarding the submission requirements and deadlines.

News developments

Saudi Arabia: Draft Implementing Regulations to Mining Investment Law Published

13/11/202013/11/2020
by Benjamin Filaferro

Saudi Arabia’s Industry and Mineral Resources Ministry has announced it has published draft implementing regulations to the Mining Investment Law. They have launched a public consultation on them and this ends on 30 November. The Ministry will then review the proposals and feedback and make any appropriate changes. The announcement follows the report last week that the authorities are looking to accept new mining license applications next month.

News developments

Qatar: Supreme Judicial Council Establishes New Departments

13/11/202013/11/2020
by Benjamin Filaferro

Qatar’s Supreme Judicial Council has announced it has established new departments. The new departments will be part of the Court of Cassation and Court of Appeal and there will be two new appeal-hearing chambers. A new criminal department will be established in the Court of Cassation. There will also be a chamber to hear implementation disputes and a specialist department for reviewing pretrial appeals.

News developments

Oman: International Agreements Portal Launched

13/11/202013/11/2020
by Benjamin Filaferro

Oman’s Justice and Legal Affairs Ministry has announced it has launched an Oman Portal for International Agreements or Duwaly. It will provide agreements in Arabic and English. It is part of the Omani Government’s digital transformation plans and will make information about international agreements and treaties which have been signed by the Sultanate or which the Sultanate became party to under Sultani Decrees available. It includes around 600 treaties and includes information on the ratification and accession dates.

News developments

Kuwait: New SMES Can be Registered

13/11/202013/11/2020
by Benjamin Filaferro

Kuwait’s Public Authority for Manpower has announced it has started receiving new applications to register SMES in line with the registration requirements in the decision for regulating SMEs. Applicants should be Kuwaiti nationals, younger than 45 and dedicate all their time to manage the project. Students and pensioners cannot apply. If there is a foreign partner in the business, their share should not be more than 20% of the total capital.

News developments

Bahrain: Labour Law Exemptions Approved

13/11/202013/11/2020
by Benjamin Filaferro

Bahrain’s Cabinet has approved exemptions to the Kingdom’s Labour Law. Players, coaches and members of technical, administrative, medical and arbitration teams of private bodies working in the youth and sports fields will be exempt from the Private Sector Labour Law. They will also be excluded from the remit of the Social Insurance Law as their clubs pay their insurance contributions. However, they will only be exempt if two draft laws to this effect are approved. The first draft law will replace Article 2(a) of Bahrain Law No. 36/2012 (the Private Sector Labour Law) and the second draft law will add Article 3(12) to Bahrain Decree-Law No. 24/1976 (the Social Insurance Law). The draft laws have been referred to the Legislative Authority to consider. The amendments were proposed by the Deputy Prime Minister and Chairman of the Ministerial Committee for Legal and Legislative Affairs.

News developments

UAE: Decision to establish a specialist money laundering and tax evasion court

13/11/202013/11/2020
by Benjamin Filaferro

The UAE’s Deputy Prime Minister, Presidential Affairs Minister and Chairman of the Abu Dhabi Judicial Department has issued a Decision to establish a specialist money laundering and tax evasion court. This is the first court of its kind in the country. It is part of the Department’s strategic priority to improve the litigation process and create a fair and just judicial system. It will support the continuous development of the Emirate’s judicial system and support the UAE’s efforts to tackle these crimes and prosecute perpetrators. A Decision to this effect has been issued by Sheikh Mansour. Abu Dhabi Decision No. 35/2020 will be part of the Abu Dhabi Criminal Court and appeals of the Court’s judgments will be heard by one of the Criminal Court’s Appeal Courts. The Undersecretary of the Judicial Department will issue the relevant decisions to implement it and anything which contradicts it will be revoked. It will be published in the Official Gazette and will come into force one after its publication.

Weekly Spotlight

UAE: Amendments to Law on Evidence in Civil and Commercial Transactions Approved

13/11/202013/11/2020
by Benjamin Filaferro

The UAE’s Cabinet has approved amendments to the Law on Evidence in Civil and Commercial Transactions (Federal Law No. 10/1992). A Decree-Law has been issued to this effect.
It has been amended to allow more remote communication technologies to be used in evidence-related procedures and adopt digital signatures and documents. In addition, they aim to legitimise e-hearing minutes which document witness testimonies, as well as judicial decisions, signed notary documents and other related provisions.
The amendments will also enable-signatures and e-documents to be approved and treated as official documents.
They also approved a Federal Law to amend the law regulating the notary public profession (Federal Law No. 22/1991). The amendments include provisions related to regulating the notary public profession, like simplifying the evidence-giving process for all parties and enabling the use of e-transactions in all notary public procedures. They also aim to create memos and verify evidence of identity. In addition, they aim to enable the registration, signing and payment of fees electronically.
Documents will have to be created and saved electronically and will be kept confidential. They will not be able to be circulated, copied or deleted from the electronic system without permission from the relevant administration of the notary public at the Ministry.
The Justice Minister will issue the necessary decisions to enable the use of information technology in notary public work.
The aim is to help digitalise Government services by encouraging electronic means of litigation and notary public services without compromising confidentiality, speed and flexibility and ensure national information security regulations and policies, both Federally and at an individual Emirate level are complied with.

News developments

UAE: Central Bank Issues New Digital Payment Service Regulations

06/11/202006/11/2020
by Benjamin Filaferro

The UAE’s Central Bank has announced it has issued new Stored Value Facilities Regulations. They are aimed at ensuring stored value products and services are operated securely, well and efficiently. They are also aimed at giving FinTech companies and other non-bank payment service providers easier access to the local market while safeguarding the customers’ funds, ensuring proper business conduct and supporting the development of payment products and services. The regulation covers licensing, supervision and enforcement provisions which will apply to companies who are licensed to provide Stored Value Facilities services. Affected entities will have a year to comply from when the Regulation comes into force. Those who already have a Stored Value Facilities license under the previous regulatory framework may continue operating. However, they will have to implement all of the relevant measures set out in the new regulation by the end of the transition period.

News developments

KSA: Saudi Arabia Mining Investment Law to Come into Force Next Year

06/11/202006/11/2020
by Benjamin Filaferro

The Vice Minister for Mining Affairs at Saudi Arabia’s Industry, and Mineral Resources Ministry has announced the Mining Investment Law will come into force next year. It is aimed at revolutionising the Kingdom’s mining sector and boosting its contribution to GDP by more than 240 billion Riyals. It is also aimed at reducing imports by 37 billion Riyals and creating 200,000 jobs by 2030. Under the Law, a mining fund will also be established and will provide sustainable finance for the sector as well as support geological survey and exploration programmes. Experts have valued mineral resources in the Kingdom at five trillion Riyals which the Law is aimed at tapping into. Finally, a National Geological Database has been set up to support the sector. It will provide access to 10,000 mining reports and 80 years of data.