Tanya Jain, Author at LexisNexis Middle East

Dubai: Dubai Financial Services Authority Issues First ESG Fee Waiver

09/02/202409/02/2024
by Tanya Jain

The Dubai Financial Services Authority has announced it has issued the first ESG fee waiver.

It was issued to Emirates NBD Bank PJSC.

The Authority’s Chief Executive announced in December 2023 that it was going to waive all regulatory fees for issuers looking to list sustainability-related debt securities in the DIFC throughout 2024.

All new and repeat issuers who make a relevant application to the Authority are eligible.

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News developments

Abu Dhabi: Multiple Health Facilities Shut Down

09/02/202409/02/2024
by Tanya Jain

Arabian Business, 5 February 2024: Abu Dhabi’s Health Department has announced it has closed numerous facilities for violations of healthcare laws and regulations.

It has fined one healthcare centre one million AED. It has also banned it from offering dental services across all its branches because of suspected fraudulent activities aimed at misappropriating public funds.

Investigations into the centre are ongoing.

Eight healthcare facilities have been shut down. They include an occupational medicine centre, a laboratory and a medical centre.

They were found to have violated Federal Law No. 14/2014 relating to the prevention of infectious diseases.

They were also found to have failed to have complied with electronic reporting regulations and failed to follow the Department’s public health statistics reporting standards.

In addition, four home care facilities were closed for failing to comply with the Department’s standards and regulations governing home care services and committing other violations.

These included failing to obtain proper patient consent and provide comprehensive explanations of treatment procedures and associated risks.

They were also not approved to offer secondment contracts between facilities.

In addition, they were found to have failed to have failed to provide essential medicines, medical supplies, or devices for emergencies and the healthcare facilities were used for unauthorised purposes by unlicensed individuals.

Concerns about the lack of essential medicines, medical supplies and devices for emergency cases at these facilities were also received.

The facilities also failed to adhere to safety procedures and infection prevention measures and inadequately maintained supplies, handled and disposed of medical waste improperly and insufficiently stored patient medical records.

A dental clinic has been closed too for multiple violations, including the employment of unlicensed healthcare professionals, non-compliance with sterilisation protocols and using non-sterile medical supplies.

It was also found to be deficient in recording comprehensive medical histories, procedures, examinations, interventions, or treatments in patient files and was operating in a different field to the one it was licensed for.

Also reported in Al Bayan on 4 February 2024. For the full story, click here.

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News developments

Kuwait: Government Submits Action Programme

08/02/202408/02/2024
by Tanya Jain

Kuwait Times, 6 February 2024: The Speaker of Kuwait’s National Assembly has announced the government has submitted its action programme.

The government have warned that economic and financial reforms must not be delayed any longer. If they are the cost of the reforms will be too expensive and relevant procedures will be extremely difficult to complete.

The government has expressed its intention to review charges for various public services that are not controlled by a 30-year-old law banning the government from raising charges on some public services without the prior approval of the Assembly.

In addition, the government has expressed its ambition to enable the private sector to play a bigger economic role. It will do this by offering more investment opportunities to the sector to help it create job opportunities for citizens.

Under the programme, the government has a 100-day action plan.

This plan includes measures being taken to control price rises, reprice various government services that have a limited impact on citizens, prepare a draft corporate income tax law and study the disbursement of public subsidies.

It proposes 22 different pieces of legislation as well that should be approved by the Assembly during the current term that ends in July.

These include a law establishing the northern economic zone and a law amending the wage scheme in the public sector. It also includes a selective tax law, a law amending the Residency Law for expatriates and a law establishing an independent electricity and water authority.

In addition, it includes a law regulating the information sector.

Elsewhere, the National Assembly has voted to approve a government request to delay the debating of two draft laws calling for the citizens’ cost of living allowance to be increased and interest-free loans to be provided to retired Kuwaitis.

The government said it had requested the delay to ensure they could be reviewed more carefully.

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News developments

Oman: Implementing Regulations to Data Protection Law Issued

08/02/202409/02/2024
by Tanya Jain

Oman Daily Observer, 7 February 2024: Oman’s Transport, Communications, and Information Technology Ministry or MoTCIT has issued the Implementing Regulations to the Sultanate’s Data Protection Law (Oman Sultani Decree No. 6/2022).

Oman Ministerial Decision No. 34/2024 has been issued to provide an improved framework for personal data protection.

They also provide clarity on various provisions contained in the Law. The provisions focus on improving data privacy and establishing proper controls and procedures. Among other things, they emphasise the importance of obtaining consent before processing personal data.

They also outline the rights of data subjects and address specific scenarios such as the processing of personal data relating to children. In order to process personal data relating to children, explicit consent must be obtained from their legal guardian or custodian before their data can be processed.
In terms of processing data, a permit has to be obtained. There are a number of requirements for obtaining these permits, including a personal data protection policy being submitted and measures to address potential breaches being specified.

Permits will be valid for up to five years but can be amended, renewed or cancelled. There are also provisions on the rights of data subjects. Among other things, data subjects can withdraw consent and request modifications or updates to their data. They can also obtain copies of processed data and request the deletion of their personal information, where applicable. Where there is a data breach, data subjects must be promptly notified and informed of the actions taken to address the breach.

Elsewhere in the regulations, specific obligations are imposed on controllers and processors. Among others, they must obtain explicit consent before processing personal data and comply with controls related to the processing of children’s personal data.

Where there is a personal data breach, controllers have to notify the Ministry within 72 hours. The Ministry will assess the actions taken by the controller and may direct them to take appropriate measures to mitigate the impact of the breach.

Organisations must also appoint a Data Protection Officer or DPO. They will be responsible for overseeing data protection matters within their organisation and will consult with the controller and submit proposals to them. They will also coordinate with the Ministry on data processing issues.

Controls and conditions for inter-state data processing are also introduced. These include obtaining a data subject’s consent and assessing the level of protection provided by the receiving party.

These controls and conditions have been introduced to balance the risks and necessity of these transfers.
There are provisions on how complaints can be filed too as well as provisions on penalties for violations.
Individuals can file complaints and reports and the Minister has the authority to impose administrative penalties like warnings, suspending permits and imposing fines of up to 2,000 Rials.

Permits may be cancelled in extreme circumstances.

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News developments

Saudi Arabia: New Whistleblowing Strategy Announced by General Authority of Endowments

07/02/202407/02/2024
by Tanya Jain

Arab News, 5 February 2024: Saudi Arabia’s General Authority of Endowments has announced a new whistleblowing strategy.

Under the strategy, whistleblowers who report unauthorised endowments with a value of more than nine million Riyals will be rewarded with a cut of any funds seized.

The Authority also approved new legislation to protect whistleblower rights.

They have done so to encourage the public to report unauthorised endowments.

Rewards for tipoffs that lead to a seizure will be capped at 5% of the total confiscated funds or one million Riyals.

Reports must meet specific criteria, including being submitted online. The endowment must also have no supervisor and appropriate documentation must be provided.

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News developments

UAE: Financial Action Task Force to Remove UAE From Watchlist

05/02/202405/02/2024
by Tanya Jain

According to a specialist media outlet, the Financial Action Task Force is going to remove the UAE from its watchlist “within days”.

It will officially be removed from the grey list next month.

No further details were publicly available.

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News developments

Sharjah: Publishing City Free Zone Launches Instant Licence Service

31/01/202431/01/2024
by Tanya Jain

Arabian Business, 27 January 2024: Sharjah’s Publishing City Free Zone has announced it has launched an Instant Licence Service.

The service is a first of its kind. It includes essential components such as the business licence and a memorandum of association. It also includes a lease agreement for securing office or business space in the Zone and a share certificate documenting ownership and one shareholder.

In addition, it includes a certificate of formation. This validates the business entity’s existence and a business activity certificate, which specifies approved business activities under the licence.

It gives holders flexibility to choose up to three licence activities from more than 1,500 options across various industries and provisions for an unlimited number of visa quotas.

It will streamline the process for securing visas for key personnel in the company in the UAE. It will expedite the business setup process and empower entrepreneurs to realise their ambitions and gain instant access to the thriving economy in the region.

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News developments

Saudi Arabia: Investment Ministry Launches Inventory of Foreign Direct Investments of Private Sector

31/01/202431/01/2024
by Tanya Jain

Saudi Gazette, 29 January 2024: Saudi Arabia’s Investment Ministry has announced it has launched an inventory of foreign direct investments of the private sector.

It has been launched as part of efforts to provide services and incentives to support Saudi investors and companies in their efforts to expand globally especially in concluding bilateral investment agreements.

The Investment Minister said the Ministry was doing so in line with its regulatory remit and roles and responsibilities.

The Ministry has also prepared a questionnaire to record private sector companies’ foreign direct investments. Its questions include the name of the company, the year investment started, the name of the country in which the investment is made, the city in which the investment is made, the name of the sector, the value of the investment in US Dollars, the percentage of partnership or ownership and notes about foreign investment.

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News developments

Qatar: Draft District Cooling Law Approved

31/01/202431/01/2024
by Tanya Jain

Raya, 25 January 2024: Qatar’s Cabinet has approved a draft law regulating district cooling businesses and services in the country.

It has referred it to the Shoura Council to consider.

The draft law proposes the establishment of a comprehensive regulatory framework for the district cooling sector in the country.

This includes the financial, technical, and legal aspects.

If approved, it will enable the Qatar General Electricity and Water Corporation to organise and manage district cooling business and services and set the rules regulating the relationship between parties in this sector.

For the full story, click here.

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News developments

Oman: No New Hotel Permits to be Issued in Muscat City

31/01/202431/01/2024
by Tanya Jain

Oman Daily Observer, 24 January 2024: Oman’s Heritage and Tourism Ministry has announced no new hotel permits are going to be issued in Muscat city and surrounding areas.

The move follows the introduction of new regulations on establishing new hotel establishments which come into force on 1 February. They have been issued to address an imbalance in the distribution of hotels across the country.

The Ministry will not accept any requests for new hotel activities in the Muscat Governorate, except for Quriyat and Al Amerat wilayats.

In Dhofar, the Ministry will stop accepting requests for regular hotel apartments in Salalah. All establishments should follow the classification and quality standards specified in Oman Sultani Decree No. 69/2023 (the Tourism Law) which is aimed at regulating hotel and tourist establishments. Approvals for the establishment of new hotel facilities will be issued according to the project location in the permitted areas.

In Al Wusta no new requests for one and two-star hotels and rest houses in the wilayats of Mahut, Haima and Duqm will be accepted.

In Al Dhakiliyah no new requests for regular hotel apartments, rest houses, one- and two-star hotels, and rest houses in all wilayats of the governorate will be accepted.

In Al Dhahirah no new requests for one and two-star hotels rest houses in the city centre in the wilayat of Ibri and guest houses in the city centre in the wilayat of Ibri will be accepted.

In Al Buraimi no new requests for guest houses, except for the wialayat of Sunaynah will be accepted.

In Musandam no new requests for one-star hotels, rest houses and guest houses in the state of Khasab will be accepted.

In North al Batinah no new requests for one and two-star hotels, rest houses, regular hotel apartments, and hospitality hostels in all wilayats of the governorate will be accepted.

In South al Batinah no stopping hospitality hostels in the states of Barka and al Musannah will be allowed.

No camps will be allowed in any wilayats except Nakhal wilayat.

In North al Sharqiyah construction of one and two-star hotels, rest houses and regular hotel apartments in the wilayat of Ibra will be stopped.

In South al Sharqiyah construction of guest houses and regular hotel apartments will be stopped.

In the wilayat of Sur, construction of two-star hotels will be stopped and construction of one-star hotels and rest houses in all wilayats of Jaalan Bani Bu Ali will be stopped.

All categories and classifications of new hotel projects in Muscat Governorate will be limited to Quriyat and Al Amerat only.

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