News developments Archives - Page 38 of 223

Sharjah: Issues Law Regulating Digital Department

29/11/202429/11/2024
by Hannah Gutang

Sharjah has issued a law regulating the Sharjah Digital Department (SDD).

This law aims to improve Sharjah’s status as a smart digital city, solidifying its local and international leadership and competitiveness.

It seeks to raise awareness among government entities about the importance of digital transformation, transparency, and governance to advance institutional work and enhance stakeholder satisfaction.

The law contributes to enhancing the effectiveness and efficiency of performance through the excellence of the government sector in digital transformation and providing smart digital services based on global standards.

It supports the government’s efforts to achieve comprehensive development in the emirate by providing shared digital systems, platforms, and channels, facilitating the exchange of information and data among government entities.

The SDD is empowered to develop relevant strategies and standards related to digital transformation, information security, and technology use.

It coordinates joint efforts between institutions in the governmental and private sectors to efficiently build, develop, and manage the digital transformation system and its services.

The department supervises the digital transformation system in the emirate, establishing necessary standards and indicators to support operational plans within government entities and their governance.

Furthermore, the SDD oversees the official government portal, the unified government services platform, and applications developed, operated, and enhanced by government entities.

It develops specifications to ensure optimal use of modern technology, data analysis practices, and AI in government entities, monitoring their implementation.

The department studies, reviews, and approves all initiatives and projects submitted by government entities regarding digital transformation, information technology, and information security to ensure their standardisation across the emirate.

It formulates frameworks and technical standards for infrastructure, data sharing platforms, open data, and digital service and technology management methodologies.

The SDD manages projects and programs related to digital transformation, infrastructure development, digital communication networks, applications, and systems at the emirate level, integrated services, and defines roles and responsibilities for each entity.

It represents the emirate at local, regional, and international levels in relevant fields, participating in exhibitions, events, conferences, seminars, and meetings.

The law outlines the department’s competencies related to digital systems and services, information security, data management, infrastructure, and digital empowerment.

It specifies the Director-General’s authority, including developing policies, overseeing operations, proposing draft laws, representing the department, presenting budgets, signing agreements, forming committees, and delegating powers.

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Saudi Arabia: Solidifies IP Leadership with Landmark Design Law Treaty

29/11/202429/11/2024
by Hannah Gutang

After nearly two decades of negotiations, the Riyadh Design Law Treaty has been adopted, marking a significant milestone for Saudi Arabia’s intellectual property landscape.

This landmark event solidifies the Kingdom’s position as an IP hub, reflecting the rapid reforms in this area since the establishment of the Saudi Authority for Intellectual Property (SAIP) in 2018.

The adoption of the Design Law Treaty is a testament to the prioritisation, support, and enablement of IP protection, management, and enforcement in the Vision 2030 era.

This treaty is anticipated to be a game-changer in the legal landscape governing the protection of designs, as it has been negotiated with a designer-centric view.

One of the key provisions of the treaty is the softened approach to statutory deadlines, which is often one of the main risks IP right holders need to grapple with.

Additionally, the treaty simplifies requirements and registration procedures, further streamlining the process for designers and IP holders.

The successful adoption of the Riyadh Design Law Treaty is a result of the hard work and dedication of the SAIP and the World Intellectual Property Organization (WIPO) teams, who have been instrumental in bringing this achievement to fruition.

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Oman: Transport Ministry Issues Notice to Fishermen To Avoid Shipping Lanes

29/11/202429/11/2024
by Hannah Gutang

The Arabian Stories, 27 November 2024: The Transport, Communications, and Information Technology Ministry, through the Directorate General of Maritime Affairs, has issued a notice to all fishermen.

The notice urges fishermen to refrain from fishing in ferry lanes, shipping lines, and navigation channels in ports.

The directive aims to preserve the safety of maritime navigation and protect property from potential accidents.

The ministry has emphasised that placing fishing nets in these critical areas could lead to serious incidents, including collisions or damage to fishing equipment.

The safety of vessels and crew is paramount, and the ministry has called on fishermen to strictly comply to these instructions to ensure the integrity of marine operations.

The ministry has warned that violating these guidelines could result in legal consequences, urging all concerned parties to cooperate in maintaining a safe and sustainable marine environment.

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Kuwait: Introduces Strict New Residency Law

29/11/202429/11/2024
by Hannah Gutang

Arab Times, 25 November 2024: Kuwait’s Council of Ministers has approved a draft decree law addressing the residency of foreigners, introducing severe penalties for those involved in residency trafficking and violations.

The new decree law repeals Kuwait Emiri Decree No. 17/1959, along with any provisions that contradict the current Decree-Law (Article 35).

The new legislation comprises seven chapters and 36 articles, detailing specific provisions for the entry, residency, and regulation of foreigners in Kuwait.

The law prohibits residency trafficking through the exploitation of recruitment in exchange for money or benefits, employment violations where a foreign worker is employed for purposes other than what they were originally brought in for, unjust refusal to pay a foreigner’s wages or benefits, unauthorised work, housing or employing a foreigner without a valid residency permit, and allowing shelter for a foreigner who does not possess a valid residency permit.

Penalties for residency trafficking violations include imprisonment for three to five years and a fine ranging from 5,000 to 10,000 dinars, subject to escalation depending on the number of foreign violators involved.

Public employees who engage in residency trafficking will face a double penalty, and recidivism will lead to a further doubling of the penalty.

Legal entities found guilty of residency trafficking will face a fine between 5,000 to 10,000 dinars per violator, and their license to operate will be revoked.

The responsible individual within the entity will face penalties similar to those of an individual violator.

The law outlines conditions for the deportation of foreigners, such as having no legitimate source of income, working without a licence or approval, or for reasons of public interest, security, or morals.

A deportation order may extend to the foreigner’s family members, and the foreigner may be detained for up to 30 days during the deportation process, with extensions granted as necessary.

The Interior Ministry may waive fines for deported individuals, provided they leave the country promptly.

The employer or any individual who illegally sheltered or employed the foreigner will be responsible for the expenses related to deportation.

The law also addresses entry requirements, notification of competent authorities, residency of foreigners (including domestic workers, government and non-governmental employees), sponsor responsibilities, fees and exemptions, exit regulations for foreigners, and general provisions and penalties for residency trafficking.

It outlines procedures for obtaining visas, residency permits, and their renewals, as well as exemptions for certain groups, such as GCC nationals and diplomatic personnel.

The law also allows for settlement processes for certain violations by paying fines.

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Dubai: New Circular Outlines Requirements for Installment Requests

29/11/202429/11/2024
by Hannah Gutang

The Dubai Courts have issued a new circular outlining the requirements for accepting installment requests.

According to the circular, the installment request is first referred to the Settlement Department for review.

The department studies the request and negotiates with the parties to reach a settlement.

If a settlement cannot be reached, the conditions for accepting the installment request are verified, and the request is forwarded to the competent authority.

For an installment request to be accepted for consideration, the party must fulfill the following requirements: Payment of an initial installment of 20% of the outstanding amount before submitting the installment request.

The advance payment shall not be considered as final acceptance of the installment plan.

Proof of monthly income, which includes a salary certificate or an income statement from any other source.

Submission of a detailed bank statement for the last six months.

Proof of ownership: Submission of documents proving ownership of any assets such as real estate, vehicles, or stocks.

Submission of a declaration from the party outlining their overall financial situation and confirming the accuracy of the provided information.

The new circular aims to streamline the process of installment requests and ensure that parties provide accurate and comprehensive information to support their requests.

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DIFC: Reinforces Common Law Foundations and Enhances Real Estate Regulations

29/11/202429/11/2024
by Hannah Gutang

The Dubai International Financial Centre (DIFC) has enacted significant amendments to DIFC Law No. 3/2004 on Application of Civil and Commercial Laws and DIFC Law No. 10/2018, DIFC Real Property Legislation.

These changes solidify DIFC’s position as a leading international common law jurisdiction and enhance the regulatory framework for real estate transactions within the financial centre.

New Articles 8A and 8B has been added to the Application Law.

Article 8A of DIFC Law No. 3/2004 establishes that DIFC Law is determined first by DIFC statutes and court judgments, supplemented by the common law principles and rules of equity from England and Wales, as well as other common law jurisdictions.

Article 8B of DIFC Law No. 3/2004 states that interpretation of DIFC statutes may be guided by principles developed in analogous laws in established common law jurisdictions and international jurisprudence for model laws adopted by DIFC.

Real Property Law and Regulations Amendments: Introduction of a 0.25% Mortgage Registration fee based on the value of the mortgage being registered.

Extension of the registration period for Off Plan Sales from 30 days to 60 days, providing more time for purchasers to register transactions and pay the Freehold Transfer Fee.

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Bahrain: New Regulations On Medical Devices And Products

29/11/202429/11/2024
by Hannah Gutang

The Daily Tribune, 26 November 2024: The Chairman of the Supreme Health Council has announced new regulations aimed at ensuring the quality of medical devices and products in Bahrain.

The decision mandates that all establishments must obtain a licence from the National Health Regulatory Authority (NHRA) to market contact lenses, medical devices, and lasers used for cosmetic purposes.

Under the new regulations, all entities are required to secure a licence from the NHRA, and any activity related to medical devices and products is strictly prohibited unless conducted by a licensed establishment.

This move is intended to strengthen oversight and ensure that only approved products are available in the market.

Furthermore, the regulations stipulate that medical devices and products must only be used in health facilities that hold the appropriate licenses issued by the NHRA.

No device or product may be manufactured, imported, or marketed in Bahrain without prior registration with the NHRA and obtaining written permission for marketing.

The decision outlines that devices and products registered in Bahrain must come from one of the following reference countries: Saudi Arabia (SFDA), the United States (FDA), Australia (TGA), Japan (PMDA), the United Kingdom (MHRA), Ireland (HPRA), Switzerland (Swissmedic), France (ANSM), and Germany (BfArM).

Registration with one of these countries is required, along with payment of the applicable fees.

Establishments are also obligated to store and transport medical devices and products according to the manufacturer’s instructions.

Failure to comply may result in the NHRA revoking the registration of the medical device or the establishment’s licence.

Furthermore, the marketing and advertising of medical devices and products are prohibited without prior authorisation from the NHRA and payment of the required fees.

However, low-risk home medical devices, such as digital thermometers and blood pressure monitors, are exempt from this requirement.

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Saudi Arabia: To Introduce VAT Refund System for Tourists

28/11/202428/11/2024
by Hannah Gutang

Saudi Arabia will introduce a VAT refund system for tourists in 2025, as outlined in the Saudi Budget statement for the upcoming fiscal year.

The Zakat, Tax, and Customs Authority will oversee the implementation of the system, which is designed to streamline tax compliance and enhance the travel experience.

This initiative underscores Saudi Arabia’s dedication to creating a visitor-friendly environment and attracting more tourists to explore the Kingdom.

As part of its tourism goals, Saudi Arabia aims to attract 127 million visitors by the end of 2025, aligning with the National Tourism Strategy.

The strategy promotes both domestic and international tourism, reinforcing the Kingdom’s position as a global destination of choice.

Tourism spending is projected to reach SR346.6 billion in 2025, contributing significantly to the domestic economy, increasing non-oil revenues, and boosting private sector demand.

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Lexis Middle East Gulf Tax – Autumn 2024 Edition

27/11/202427/11/2024
by Hannah Gutang

Welcome to the latest edition of Lexis Middle East Gulf Tax Magazine, offering insightful perspectives on the dynamic tax environment in the GCC region. It highlights the continuous development of tax regimes across the GCC, with recent major changes and a greater emphasis on clarifying details through manuals and guidance documents. This issue covers the impact on the charity sector in the UAE, the increase in queries and complaints leading to new legislation, and the evolution of the Zakat regime in Saudi Arabia with significant changes in calculation, entities subject to Zakat, and treatment of cessation of activities.

Furthermore, the article covers the evolution of the Zakat regime in Saudi Arabia, where the Implementing Regulations on Zakat collection from 2019 have been repealed and replaced by new regulations.

Gulf Tax Magazine remains committed to providing valuable knowledge and expert perspectives to help you navigate the complexities of the GCC tax environment. We hope you find this issue insightful and beneficial for your tax planning and compliance efforts.

FEATURE: SO THAT IS ZAKAT

In this feature, Essam Rajab of Andersen explains key changes to the way Zakat is calculated and administered in Saudi Arabia following the issue of new regulations.

FEATURE: GRAPPLING WITH GRIEVANCES

Zain Satardien and Ellen Ray of Hourani & Partners explain the impact a new Ministerial Decision has brought in changes to the way tax grievances are handled in Oman and other recent alterations to the system will have on those disputing the Tax Authority position there.

TAX NEWS ROUND-UP

This round-up covers recent key developments in tax treaties and regulatory changes across the region, providing readers with a comprehensive overview of the latest updates.

WHAT’S CHANGED?

The Federal Tax Authority (FTA) has released an updated list of charities in the UAE that are recognised as ‘Designated Charities,’ allowing them to receive VAT relief. To formalise these updates, the UAE government has issued several Cabinet Decisions.

PRACTICAL FOCUS: PUBLIC BENEFIT ENTITIES

Experts David van der Berg, Gargesh Vn, Tapan Gandhi, and Daryn Blake provided useful information regarding tax exemptions for organisations serving the public good in the United Arab Emirates.

TAX PROFESSIONAL PROFILE

Naveen Sharma, a Chartered Accountant who works as Director of Internal Audit at Oasis Investment Company LLC (Al Shirawi Group), explains his work
and the support he has been giving to the wider tax profession in the UAE.

ANY QUESTIONS?

Rami Alhadhrami of BDO Kuwait analyses
Qatar and Kuwait’s delay in implementing
VAT despite the GCC VAT Agreement.

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Lexis Middle East Gulf Tax_Autumn 2024

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Lexis Middle East Gulf Tax | Summer 2024

Lexis Middle East Gulf Tax | Winter 2023

Lexis Middle East Gulf Tax | Autumn 2023

Lexis Middle East Gulf Tax | Spring 2023

Lexis Middle East Law Alert: October-November 2024 Edition

27/11/202419/03/2025
by Hannah Gutang

Welcome to the October-November 2024 edition of Lexis Middle East Law Alert, providing insights into the changing legal landscape in the MENA regions. This issue focuses on the GCC countries’ efforts to attract foreign investment and diversify their economies away from hydrocarbons. The publication highlights Saudi Arabia’s new Investment Law, which aims to provide confidence to foreign investors by ensuring fair treatment, protecting ownership rights, and facilitating ease of exit. Additionally, it covers efforts to streamline business establishment processes in Saudi Arabia, as well as developments in the UAE, Bahrain, and the modernisation of Abu Dhabi’s judicial system.

Furthermore, the issue delves into other notable legal developments, including UAE virtual asset marketing regulations, changes to the ADGM Real Property Law, Bahrain’s Domestic Minimum Top-Up Tax, and insights into dispute resolution and contract watch for Saudi labour contracts. The publication serves as a comprehensive resource for staying updated on the latest legal trends and initiatives in the MENA regions, particularly those aimed at fostering a business-friendly environment for foreign investment.

Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.

FEATURE: EQUALITY AND OPPORTUNITY

Bedoor Alrabiah of GLA & Co explains that Saudi Arabia has a new Investment Law designed to create a more attractive investment environment there by better protecting local and foreign investors’ rights and providing them with more opportunities.

FEATURE: ALL CHANGE

Dhana Pillai, a representative from the Dubai Ports and Trade Corporation (DPTC), sheds light on how Abu Dhabi Law No. 6/2024 is designed to bring about a contemporary transformation of the judicial system in the emirate.

IN-HOUSE PROFILE: TECHNOLOGY’S REGULATORY IMPACT

Hilal Al Khulaifi, Group Chief Legal, Regulatory & Governance Officer, Ooredoo Group explains how dramatic technological change in
the telecoms sector could lead to a regulatory rethink.

DISPUTE RESOLUTION FOCUS

Waleed Hamad and Myriam Simon of Al Aidarous explain how a significant Dubai Court of Cassation ruling has clarified the legal framework surrounding the enforceability of foreign summary judgments in the UAE.

MOVERS AND SHAKERS

A round-up of the most notable appointments and career progressions within the legal field across the region, highlighting the pivotal shifts reshaping the professional landscape.

CONTRACT WATCH: SAUDI LABOUR CONTRACTS

Jassar Aljohani, along with Sara Khoja and Sarit Thomas from Clyde & Co, shed light on the significant amendments to the Saudi Labour Law, which aim to modernise the Saudi labour market, enhance workers’ rights, and streamline employer responsibilities.

Lexis Middle East Law Alert_October-November 2024

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert_January-February 2024

Lexis Middle East Law Alert_May/June 2024

Lexis Middle East Law Alert_August-September 2024

Lexis Middle East Law Alert_July August 2023

TAX AND FINANCE ROUND-UP

Stay updated on the newest tax and financial news across the region, highlighting Bahrain’s recently introduced Domestic Minimum Top Up Tax.

LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region with a spotlight on the UAE’s virtual asset marketing regulations.

LAW MONITOR

Delve into the latest legal advancements in the GCC, encompassing modifications to the ADGM Real Property Law.

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