News developments Archives - Page 20 of 223

Saudi Arabia: Enforces Executive Regulations of Investment Law

01/05/202501/05/2025
by Tanya Jain

Eye Of Riyadh, 27 April 2025: The Saudi Minister of Investment has approved the executive regulations for the Investment Law (Saudi Arabia Cabinet Decision No. 40/1446)

The regulations aim to enforce the provisions of the Investment Law and achieve its goals, focusing on equal treatment and non-discriminatory practices for both local and foreign investors under similar circumstances.

Article 3 of the Executive Regulations will entitle investors to equal treatment and non-discriminatory practices, ensuring fairness between local and foreign investors. The ministry will retains the right to regulate in accordance with local laws and regulations, prioritising public interest, including national security, public safety, and public order.

Article 7 of the Investment Law Executive Regulations, will grant investors the right to freely transfer funds related to their investments to and from Saudi Arabia. These transfers include initial capital, profits, capital gains, dividends, royalties, fees, loan repayments, proceeds from liquidation or partial sale of investments, and earnings of employees contracted abroad. However, these provisions do not apply to measures taken by competent authorities involving financial services for justified reasons, such as protecting investors, depositors, and policyholders, or ensuring the stability of the financial system

The ministry also has to notify foreign investors in writing when procedures which relate to national security have been initiated, unless circumstances dictate otherwise. It will also have the right to request information or documents deemed important for assessing the impact of foreign investment on national security. Foreign investors will have the right to express their views and submit relevant information during these procedures. The ministry may also engage in discussions with foreign investors to explore alternative measures to mitigate national security risks.

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Qatar: QFCRA Proposes Amendments to Prudential Rules for Banks

01/05/202501/05/2025
by Tanya Jain

The QFCRA has issued a Consultation Paper outlining proposals, set out in the draft BANK and IBANK (Market Risk and Miscellaneous) Amendments Rules 2025.

The amendments aim to introduce the Basel Committee on Banking Supervision’s simplified standardised approach as the default method for assessing market risk, particularly for banks with less complex trading portfolios.

The proposals would require a bank’s net open position in any foreign currency other than the US dollar not to exceed 5% of its Tier 1 capital. The net open position in the US dollar would be unable to exceed 25% of the bank’s Tier 1 capital and the higher of the total net open positions in surplus or deficit across all foreign currencies (including the US dollar) would have to remain within 30% of the Tier 1 capital.

These amendments would apply to all QFC-authorised banks. The decision was issued as a Consultation Paper, allowing the Regulatory Authority to gather feedback from conventional and Islamic banks operating under the specified prudential rules.

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Oman: New Regulations for Independent Water and Sanitation Tanker Operations

01/05/202501/05/2025
by Tanya Jain

The Arabian Stories, 27 April 2025: The Authority for Public Services Regulation (APSR) in Oman issued APSR Decision No. 31/2025, establishing new regulations for independent tanker operations in the water and wastewater sectors.

The new regulations specifically targeted independent tanker operators involved in water transport, wastewater collection, and treated water transport. Under these regulations, operators must obtain permits and adhere to a Unified Service Level Agreement approved by the APSR. The responsibilities of both operators and licensees, are outlined including quality standards, complaint mechanisms, and testing protocols.

The regulations set specific requirements for the operation, maintenance, and branding of independent carriers, including designated colours for different types of tankers to ensure compliance with safety and operational standards. According to Article 6 of APSR Decision No 31/2025, potable water tankers will be painted blue with “potable water” written on them, non-potable water tankers green with “non-potable water,” and sewage tankers yellow with “sewage.”

Independent tanker operator must regularise their status within one year from the enactment of the regulations. They were also required to meet documentation and operational requirements, including installing tracking devices on tankers and undergoing regular inspections to ensure compliance with technical standards.

The regulations stipulated penalties for violations, with fines ranging from RO 50 to RO 50,000 depending on the severity of the violation. Repeat violations could lead to additional fines, with continuing offenses attracting daily penalties.

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Kuwait: Changes to Criminal Law

01/05/202501/05/2025
by Tanya Jain

Arab Times, 26 April 2025: The Kuwait Council of Ministers approved amendments to the Penal Code, originally enacted under Kuwait Law No. 16/1960.

The amendments have increased fines for manslaughter and unintentional injuries and introduced new articles which alter penalties under aggravating circumstances. A provision was also added to protect the financial system from debtors falsely claiming insolvency.

In addition, amendments to the Code of Criminal Procedure and Trials Kuwait Law No. 17/1960 found in Kuwait Decree-Law No. 62/2025 have included electronic notification of in-absentia judgments to expedite delivery and ensure convicts are informed, reducing litigation delays. Article 230 of Kuwait Law No. 17/1960 has been was amended to facilitate the collection of criminal fines, allowing the Public Prosecution to deduct fines from salaries or arrange instalment payments.

The Council has also approved amendments to Article 5 of Kuwait Law No. 71/2020 on Bankruptcy, reinstating arrest and detention for debtors who evade financial obligations and enhancing enforcement authority for financial disclosures.

A draft decree-law amending the Civil and Commercial Procedures Law ,Kuwait Decree-Law No. 38/1980, has been introduced, which will allow the Enforcement Department to notify a Credit Information Company of non-payment, impacting the debtor’s credit record.

The Public Authority for Combating Corruption (Nazaha) was reinforced through amendments to Kuwait Law No. 2/2016 On the Establishment of the Public Authority for Anti-Corruption and the Provisions Related to Financial Disclosure, broadening the definition of corruption and mandating electronic submission of financial disclosures.

Kuwait Ministerial Decision No. 194/2025 to have also been issued to regulate payment procedures for official documents, in order to combat money laundering and enhance transparency in the real estate market.

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Dubai: New Public Health Law Impacts Travellers

01/05/202501/05/2025
by Tanya Jain

Gulf News, 25 April 2025: Travellers entering Dubai are to be required to follow specific health protocols as a result of a new health law.

Dubai Law No. 5/2025 on Public Health outlines a wide-ranging framework to improve community health, reduce disease transmission, and align public health practices with international standards.

It introduces strict obligations for travellers, individuals, and healthcare providers, while also clarifying the roles of government entities in safeguarding health and the environment.

Travellers must adhere to official health protocols, provide requested information at Dubai’s entry points and report any suspected or confirmed communicable diseases.

Anyone who is infected or suspected of having a communicable disease must avoid contact that could spread their illness. The law states individuals must refrain from travelling or moving, except to healthcare facilities, without the approval of the Dubai Health Authority.

Those who are travelling while ill, must observe hygiene measures such as wearing masks and maintaining physical distancing in line with approved guidelines.

The law prohibits concealing infections or spreading them, whether intentionally or unintentionally, and requires individuals to comply with measures to prevent the spread of disease, following guidelines issued by relevant authorities and healthcare providers.

It has established a comprehensive framework to promote public health and safeguard community and environmental well-being. It outlines a focus on disease prevention, healthcare, food and product safety and sustainable efforts to improve overall quality of life.

It aims to minimise any health risks affecting individuals and communities in Dubai through precautionary measures and evidence-based practices that align with both local and international health regulations.

It also promotes greater coordination and collaboration at all levels to strengthen preparedness and response to any public health challenges in the emirate. and aims to increase public awareness of health risks and prevention methods by fostering a sustainable environment that attracts investment.

In addition, it has also formally defined the roles and responsibilities of relevant authorities in managing communicable diseases.

These authorities include local government entities tasked with overseeing public health in Dubai, such as Dubai Health Authority, Dubai Municipality, the Dubai Environment and Climate Change Authority, the Dubai Academic Health Corporation and the Dubai Corporation for Ambulance Services.

The law has outlined the responsibilities of the relevant authorities in food safety, specified obligations for food-related establishments and set out some rules for consumer product activities.

It has also detailed responsibilities in areas such as built environmental health, labour accommodations, pest control and the Dubai Health Authority’s role in managing health risks, emergencies and crises.

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Bahrain: Parliament Passes Bill Mandating Advance Notice or Full Compensation

01/05/202501/05/2025
by Tanya Jain

The Daily Tribune, 30 April 2025: Bahrain’s Parliament has approved a bill amending Bahrain Law No. 36/2012 (labour law), which would require employers to provide advance notice or full compensation for economic dismissals

The bill, has now moved to the Shura Council for review, and will set stricter conditions for terminating employment due to economic reasons, such as business closures or changes in production methods.

The proposal would require employer to pay full compensation unless they have notified the Labour Ministry 60 days before informing the workers of dismissal, and have provided recent audited financial statements or financial records covering the last three years, depending on the circumstances. In cases where both a Bahraini and a foreign worker hold the same job with similar experience and skill, the Bahraini must be retained unless the company is closing entirely. Failure to meet these conditions would lead to all payments under Article 111 of Bahrain Law No. 36/2012 being made. If the requirements are met only half the amount would be payable.

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Abu Dhabi: New Rights for Caregivers

01/05/202501/05/2025
by Tanya Jain

Gulf News, 23 April 2025: The Department of Community Development – Abu Dhabi has announced programmes under its Barakatnu initiatives which will give new rights to the elderly and their caregivers.

These include the right to obtain temporary alternative care for senior citizens. Care is provided for up to eight hours a day once a week for a total 48 days a year to enable caregivers to attend to their personal responsibilities and spend time with their families. In addition, the Government Empowerment Authority is offering to Obtain Approval for Flexible Working Systems for Caregivers. This scheme will allow caregivers to obtain a certificate which grants them access to flexible work policies in government entities.

The Department of Municipalities and Transport is offering a service to Additional Units for Special Cases Approval, which will allow families to make structural modifications to their homes in order to create dedicated, private, and comfortable living spaces for senior family members.

The Abu Dhabi Housing Authority has also set up a number of initiatives which will allow senior citizens to obtain home improvements, extend the repayment of housing loans to reduce pressure on caregivers and provide buying and selling house grants to allow families to move closer to each other.

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QICDRC Case Digest: June – December 2024 Edition

30/04/202530/04/2025
by Hannah Gutang

Welcome to the latest edition of the QICDRC Case Digest, a carefully curated collection of landmark judgments delivered by the Qatar International Court and Dispute Resolution Centre (QICDRC) during the second half of 2024. This publication serves as a vital reference for legal practitioners, academics, and others with an interest in the development of commercial and regulatory jurisprudence in Qatar.

This edition offers concise yet insightful summaries of significant cases across a broad spectrum of legal domains, including regulatory enforcement, commercial disputes, and employment law. Each case is presented with a focus on the key legal issues, the court’s reasoning, and its broader implications, offering valuable perspectives on the evolving judicial landscape within the Qatar Financial Centre.

Whether you are advising clients, conducting research, or simply keeping abreast of legal developments, the Case Digest is designed to inform and support your understanding of how QICDRC jurisprudence continues to shape the legal framework in Qatar.

In this Edition:

Zahir Makawy v Al Awael Captive Insurance Company LLC [2024] QIC (A) 9
Rudolfs Veiss v Qatar Financial Centre Authority [2024] QIC (A) 10
Boom General Contractors WLL v Sharq Insurance LLC [2024] QIC (A) 11
QFC Employment Standards Office v Meinhardt BIM Studios LLC [2024] QIC (F) 24
Akram Hidri and another v Qatar Financial Centre Authority [2024] QIC (F) 46
Mohammed Amin Hamza v Masters Business Consultancy LLC [2024] QIC (F) 51
Qatar Financial Centre Authority v Horizon Crescent Wealth LLC (In Liquidation) [2024] QIC (F) 52
Thales QFZ LLC v Al Jaber Engineering Company WLL [2024] QIC (F) 53
Waqar Zaman v Meinhardt BIM Studios LLC and Meinhardt Singapore PTE Limited [2024] QIC (A) 12
Christian Friedrich Linhart v Ooredoo Group LLC [2024] QIC (F) 60

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QICDRC_CaseDigest_English-Arabic_June-December 2024 Edition

UAE: Central Bank Imposes Financial Sanction on Bank for AML Failures

24/04/202524/04/2025
by Hannah Gutang

Gulf News, 21 April 2025: The UAE Central Bank has imposed financial sanctions on an unnamed banking entity following an examination that revealed significant gaps in its internal anti-money laundering (AML) processes.

This decision underscores the Central Bank’s commitment to ensuring all banks and their staff comply with UAE laws, regulations, and standards related to AML. The penalty was issued after the Central Bank assessed the findings of its examination, which indicated non-compliance with AML policies, reflecting the regulator’s stringent enforcement of compliance requirements across the financial sector, including banks, currency exchange houses, and insurers.

The sanctioned bank must address the identified deficiencies and align its operations with national AML standards. This development follows the Central Bank’s announcement last year that a new internal entity, the National Anti-Money Laundering and Combating Financing of Terrorism and Financing of Illegal Organisations Committee (NAMLCFTC), would oversee anti-money laundering operations.

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Saudi Arabia: New Penalties on Elderly Care Law

24/04/202524/04/2025
by Hannah Gutang

Gulf News, 22 April 2025: Saudi Arabia’s Ministry of Human Resources and Social Development has introduced new regulations to improve labour inspections.

Under the updated framework, companies found in violation of labour rules will receive an electronic warning and must resolve the issue within three working days. Failure to comply results in a formal report and penalties, as per the ministry’s schedule of violations. Employers must submit relevant information about the violation via the ministry’s official email within the same period, with non-compliance leading to legal action.

The regulations enable inspectors to examine machinery, facilities, and safety protocols to verify occupational health measures. Inspectors must be Saudi nationals with a university degree or two years of relevant experience, along with specialist training. They are required to sign a confidentiality agreement and cannot be reassigned or dismissed without approval from the deputy minister or an authorised official.

Inspectors must carry official ministry-issued ID and present it during site visits, which can occur during any working hours, even in the employer’s absence. While prior notice is typically required, urgent circumstances may justify unannounced visits. Authorities will be permitted to access and copy both electronic and physical company records to verify compliance, ensuring inspections respect the rights of both employers and workers. Violations are recorded only after confirmation and formal notification, with employers given an opportunity to respond before any action is finalised.

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