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Oman: Amendment of the Provisions of the Regulatory Charter for the Measures for Professional Health and Safety in Establishments Regulated by the Labour Law

  • 28/04/201811/12/2019
  • by Benjamin Filaferro

Oman’s Manpower Minister has issued a Decision amending the provisions of the regulatory charter for the measures for professional health and safety in establishments regulated by the Labour Law. Under the amendments, a new article has been added requesting employers in establishments which operate in the oil and gas, ports, airports and power and water sectors to carry out regular and random tests for workers to ensure they are not taking any drugs or drinking alcohol. The employer should take the necessary steps to ensure the establishment doesn’t have these materials onsite. The amendments in Oman Ministerial Decision No. 133/2018 have been issued in line with Oman Sultani Decree No. 35/2003 and the Regulatory Charter for the professional health and safety in establishments regulated by Labour Law as issued by Oman Ministerial Decision No. 286/2008.

Weekly Spotlight: New Law to Regulate Volunteering Activities in Dubai

  • 22/04/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal developments in Dubai, where the Emirate’s Ruler has issued a Law to regulate volunteering in the Emirate. Dubai Law No 5/2018 will regulate volunteering activities and it is hoped will also promote social responsibility, stimulate positive social engagement and encourage people to serve their communities. Under the Law, Dubai’s Community Development Authority will establish, implement and oversee the plans and policies required to regulate volunteering in the Emirate. They will also encourage the public and private sectors to sponsor volunteering programmes and conduct awareness programmes about the importance of volunteering in community development.

In addition, the Authority will coordinate volunteering programmes, establish a volunteer’s database in the Emirate, issue identification cards for volunteers and participation certificates for volunteers. They will help entities attract volunteers for their initiatives and nominate volunteers to participate in volunteering initiatives based on their skills and qualifications. Entities sponsoring or conducting volunteering initiatives will have to be authorised by the Authority. Volunteers will be able to form teams to participate collectively in volunteering programmes in the Emirate on the condition the team has registered itself in the Authority’s database and obtained all of the necessary permits from the Authority. The volunteer teams will not be allowed to conduct any fundraising activities, including advertising through any kind of media, unless they are approved by the Authority. Public and private entities engaged in volunteering activities will have to define the standards and regulations governing their volunteering activities and provide a copy of these standards and regulations to the Authority. They should also specify the category and nature of the volunteering activity and if necessary train volunteers to perform the work. The entities must maintain a record with the volunteers’ names, personal information, the nature of work they have done and the hours of volunteering work they have done. They should also register this information in the Authority’s database. They must also provide all required tools and safety equipment necessary for the volunteers to perform their activities. In addition, the entities must provide insurance coverage against injuries, contagion and civil liabilities. All volunteers must sign the volunteering agreement issued by the Authority and this agreement must detail the relationship between the volunteer and the entity.

Under the Law, the volunteer must be over 18. Volunteers under 18 must be approved by their legal guardian. The volunteer must have a record of good conduct, be physically fit and be registered as a volunteer with the Authority. Volunteers must commit to their obligations according to the volunteering agreement and respect confidentiality. The sponsoring entity is responsible for all volunteering activities and efforts carried out by the volunteers. The Authority’s Director-General will form a Volunteers Affairs Committee to look into any complaints or litigation related to volunteering agreements. All sponsoring entities, volunteer teams and individuals must comply with the Law. The Law will be published in the Official Gazette and will come into effect on its published date.

UAE: Draft Anti-begging Law Approved

  • 21/04/201811/12/2019
  • by Benjamin Filaferro

The UAE’s Federal National Council has approved a draft anti-begging law. Anyone found guilty of begging will be jailed for three months and fined 5,000 AED. However able-bodied offenders and those with a traceable income will be punished more severely. People who run organised, mafia-like criminal groups of beggars will be jailed for at least six months and fined at least 100,000 AED as will those who bring in people to run organised begging. Those forced into begging by these mafia-like criminal groups will be jailed for three months and fined 5,000 AED. Courts may order any money and other proceeds from begging be confiscated.

Bahrain: Telecommunications Law Amended

  • 21/04/201811/12/2019
  • by Benjamin Filaferro

Bahrain’s Batelco has been separated into two separate legal entities to enhance competition in the telecoms market. The Shoura Council has approved a Decree-Law amending the Telecommunications Law (Bahrain Decree-Law No. 48/2002). The move is part of implementing the fourth national telecommunications plan policy. One of the entities will be responsible for a national terrestrial cable network and the other for providing retail services. The Telecommunications Regulatory Authority will grant separate licenses for establishing and operating fixed national broadband networks and to offer wholesale services to licensed operators in Bahrain.

Weekly Spotlight: Objections to Bahraini Government’s Urgent Submission of a Draft Bankruptcy Law

  • 15/04/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on legal developments in Bahrain, where a Bahraini MP has objected to the Bahraini Government’s urgent submission of the draft Bankruptcy Law to the Kingdom’s Parliament. The Government has referred the draft bankruptcy law to the House of Representatives to review in 15 days. The draft law would apply to natural or legal persons and provide legal protection during the bankruptcy process. It also covers bankruptcy procedures, fraud, preventive settlement, liquidation and the right to default until a decision by the Court. MP Ahmed Qaratah has objected because of the Law’s length and importance. It has been classed as urgent under Article 87 of the Constitution.

Elsewhere, Bahrain’s Shoura Council’s Foreign Affairs, Defence and National Security Committee has approved an amendment to the 1975 Passports Law. If approved, the new Article 18 to Bahrain Law No. 11/1975 will criminalise the tearing up or adulterating Bahraini passports with any signs, stickers, slogans, stamps or words. The fine for defacing a passport will be 400 Dinars but will not be imposed where damage is unintentional. Bahrain’s Cabinet Affairs Minister, Ghanim Al-Buainain said the aim is to stop Haj and tourism agencies defacing passports and preserve national identity. An Interior Ministry representative encouraged those with defaced passports to submit them to the Nationality, Passports and Residence Affairs department to issue a replacement. In a related development, Bahrain Law No. 7/2018 was ratified on 6 April. It adds a new clause to Article 9 of Bahrain Law No. 11/1975, granting retired military personnel the right to obtain a special passport.

Abu Dhabi Global Market Courts Launches eCourt Platform with Microsoft

  • 14/04/201811/12/2019
  • by Benjamin Filaferro

Abu Dhabi’s Global Market Courts has announced it has launched an ePortal together with Microsoft. It is hoped it will revolutionise the delivery of civil and commercial judicial dispute resolution services and transform the way courts interact with lawyers, litigants and other legal professionals. It is also hoped it will save parties time in litigation. The Integrated eCourt Platform provides a comprehensive, digital court record and will enable users to initiate, manage and monitor their cases 24/7, from anywhere in the world, through any device they choose. They will be able to file documents and receive text message notifications about their case’s progress and digital court file changes. Electronic evidence bundles will be included in the court file at no additional cost to any party and court hearings will be conducted through video conferencing which will be accessible through an integrated calendar. The Platform will also provide a secure payment gateway for clients and lawyers, with immediate access to invoices and receipts and instantaneous publication of orders and judgments on cases.

Oman: All Tobacco Adverts Banned

  • 14/04/201811/12/2019
  • by Benjamin Filaferro

Oman’s Information Ministry has announced it has amended the regulations banning tobacco adverts in the Sultanate. Oman Ministerial Decision No. 43/2018 now bans all tobacco product adverts on all media platforms. The Ministerial Decision was issued by the Information Minister on 27 March and replaces Article 36 of the Implementing Regulations to the country’s 1984 Press and Publications Law with ‘it is prohibited to publish advertisements on tobacco products or their derivatives in all media, including print, electronic, audio-visual and any billboards, wherever they exist’. The Ministerial Decision has been issued in line with the Publications Law issued by Oman Sultani Decree No. 49/1984 and Oman Sultani Decree No. 20/2005 approving the Sultanate’s accession to the World Health Organisation’s Framework Convention on Tobacco Control.

Weekly Spotlight: Regulatory Amendments Issued by Oman’s Central Bank to Enhance the Sultanate’s Financial Industry

  • 08/04/201811/12/2019
  • by Benjamin Filaferro

This week the spotlight is on regulatory developments in Oman, where the Sultanate’s Central Bank has issued a number of regulatory amendments to enhance the Sultanate’s financial industry. The amendments came into force on 1 April 2018.

The Bank has reduced the capital adequacy ratio requirements for banks from 12 to 11%. This will increase banks’ lending capacity. It is expected to make an additional 2.6 billion Riyals of credit available with 7.8 billion Rials instead of 5.2 billion Rials being released. The Bank has also decided to remove the regulatory restrictions imposed on the risk weights to claims on sovereign and central banks. It comes as the Bank looks to implement the Basel Committee guidelines.

The Bank has decided to increase the prudential limit for all currencies from 15 to 20% for three-to-six months, 25% per cent for six-to-nine months and 25% for nine-to-12 months. The aim is to give banks more flexibility to utilise available credit lines available from foreign and local correspondents at a reasonable rate. Finally the Bank has increased the prudential limit ratio of credit exposure to non-residents and placement of banks funds abroad to banks’ local net worth from 50 to 75%. It is hoped this change will provide banks with greater flexibility to manage their liquidity surpluses, diversify their revenues and increase their external borrowing capacity to finance local projects.

Ras Al Khaimah: Government Launches Petroleum Licensing Round

  • 07/04/201811/12/2019
  • by Benjamin Filaferro

Ras al Khaimah’s Government has announced it has formally established the Emirate’s Petroleum Authority. The Government has also announced they have officially launched the Emirate’s first petroleum licensing round which will be supported by the Emirate’s Oil Company, RAK Gas. Bids will be invited until November 2018 and data rooms cam be reserved in the Emirate and London. The Authority will be responsible for the licensing round tendering process and the management of petroleum rights.

Abu Dhabi City Municipality Urges Contractors to Expedite Registration of Property Units

  • 07/04/201811/12/2019
  • by Benjamin Filaferro

Abu Dhabi City’s Municipality has urged all contractors to register their property units as early as possible. The Municipality has also called on property owners to respond to property developer requests regarding their updated details and documents. The Municipality’s calls follow the issuing of Abu Dhabi Circular No. 2/2018 which gave all property developers until 14 March 2018 to complete any outstanding cases and register all property deals in the Municipality’s Property Register. The aim is to facilitate the implementation of the Emirate’s Real Estate Law (Abu Dhabi Law No. 3/2015) which came into force on 1 January 2016.

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