Weekly Spotlight Archives - Page 13 of 19

Weekly Spotlight: New Egyptian Law to Tighten Penalties for Parental Neglect

02/09/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on legal developments in Egypt, where Egyptian parliamentary health committee member Inas Abdel Halim MP has said that she will submit a bill at the start of the next parliamentary session in October amending the Child Law, Egypt No. 12/1996 in order to criminalize and tighten penalties for parental negligent. The basis of the proposed change is to amend Article 8 of Egypt Law No. 12/1996, which allows the punishment of a father or mother in such cases with six months imprisonment and a fine of 500 Egyptian Pounds. The proposed changes would increase the punishment of parents to imprisonment of at least 10 years if the negligence led to the death of the child. A parent found to have killed their child would face life imprisonment. The committee will invite comments from civil society organisations who work in this area.

Weekly Spotlight: Egyptian Draft Data Protection Law Approved

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

This week the spotlight is on legal and regulatory developments in Egypt, where the Cabinet has approved a draft law to protect personal data, electronically processed in whole or in part by any holder, controller or processor. The law applies to Egyptians inside or outside the country, non-Egyptians living in Egypt and non-Egyptians outside of Egypt who carry out an act punishable in the State where it was signed. The law will impose obligations on controllers and processors with regards to the electronic processing of personal data, to ensure the rights of citizens and compliance with international legislation in this area.

Under the proposed law, personal data may not be collected, processed or disclosed by any means except with the consent of the relevant person or in cases authorised by law. The relevant person will have the right to access and obtain their own personal data. Penalties include jail terms of at least one year and/or a fine of up to 100,000 to 1,000,000 Egyptian Pounds. Those disclosing or making personal data available by any means other than those authorised by law or without the consent of the relevant person will face the same penalties. A Centre for Personal Data Protection in the Information Technology Industry Development Agency will be established and the employees will be appointed by a Ministerial Decision following a proposal from the competent minister. The Centre will formulate and develop policies, strategic plans and programmes to protect data and implement the relevant decisions, controls, measures, procedures and standards for data protection.

Weekly Spotlight: New Trademark Application Procedures in the UAE

05/08/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on intellectual property developments in the UAE where the Trademarks Department in the Economy Ministry has issued an administrative decision regarding trademark application procedures.

The Decision stipulates that as applications are now filed online, it will no longer be possible to request an amendment for an application after it has been submitted, except for corrections to the agent-on-record details, provided a proper power of attorney has been filed. In case an application contains the wrong information with respect to international classification number, list of goods and services, missing documents, or any other aspect, the examination section will issue an office action against these applications, and applicants (or their representatives) cannot amend applications before examination.

Weekly Spotlight: UAE Illegal Immigrant Amnesty to Start on 1 August 2018

29/07/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on immigration developments in the UAE where the Federal Authority for Identity and Citizenship has announced the amnesty for illegal residents in the United Arab Emirates will last for three months, starting 1 August 2018.

The ‘Protect Yourself by Modifying Your Status’ initiative will allow foreign nationals to regularise their status by either leaving the UAE without paying a fine and without facing a return immigration ban (only those who entered illegally will be subject to a two-year entry ban), or by changing their sponsorship inside the country. Those who decide to leave will be issued an exit permit valid for ten days, whereas those who wish to remain in the UAE will have to provide documents from their new sponsor before a residence visa can be granted. Those without a confirmed job offer will be given a six-month temporary residence status to secure new employment in the UAE under the supervision of the Human Resources and Emiratisation Ministry. It is not yet clear how the unemployed foreign nationals will be able to fill up the available positions. Nine service centres are established across the country to assist individuals with the application process, in addition to a toll-free number 800-80 for phone inquiries.

Weekly Spotlight: Bahraini Personal Data Protection Law Approved

22/07/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on legal and regulatory developments in Bahrain where the King has approved the Protection of Personal Data Law. Bahrain Law No. 30/2018 sets out the responsibilities of the Personal Data Protection Authority. A Decree is to be issued to specify the administrative aspects of the Authority and establish its Board of Directors. Those found to access, disseminate, leak, or tamper with personal information will be jailed for up to one year, fined 1,000 to 20,000 Dinars, or both. Those receiving a bribe in relation to falsified information will be fined 3,000 to 20,000 Dinars.

The Authority’s Board of Directors will issue the necessary decisions to implement the law within six months of its publication in the Official Gazette. The law will come into effect one month following its publication in the Official Gazette.

Weekly Spotlight: Draft PPP Law Published and First FinTech Licenses Issued in Saudi Arabia

15/07/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on legal and regulatory developments in Saudi Arabia, where the National Centre for Privatisation and Public-Private Partnership has launched a consultation on a proposed PPP Law. The consultation ends on 29 July 2018. Following the three-week consultation, rules on foreign real estate ownership could be relaxed. The draft law outlines real estate ownership and labour law exemptions for foreign investors, amongst other prospective regulatory changes. If approved, bidders could also appeal PPP Government contracts within ten days though the relevant Government entity or the Centre’s website.

Elsewhere, the Capital Market Authority has issued the first two FinTech licenses in the Kingdom. The licenses have been issued to Riyadh-based start-ups Manafa Capital and Scopeer to provide crowdfunding investment services on a trial basis. The move is part of efforts to develop the FinTech sector in the country and the Authority will consider further license applications later in the year.

Weekly Spotlight: Real Estate and Housing Facilities Announced in Abu Dhabi and Oman

08/07/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on real estate developments in the GCC, where Abu Dhabi’s Urban Planning and Municipality Department has announced a number of facilities including real estate developers will be exempt from fines imposed on delays in registering their real estate transactions for the first time. Developers are now exempt from 10,000 AED fines if they are late in registering their businesses. The exemption is valid for all transactions made on properties but which have not been registered.

Elsewhere, Oman’s Housing Ministry has announced it has set up a centre to help developers clear all project approvals in 27 days. The aim is to boost the sector in the Sultanate and reduce paperwork levels. Previously developers had to approach different Government agencies to get approvals which could take upto two years.

Weekly Spotlight: Abu Dhabi Global Market Launches Crypto Asset Regulatory Framework

01/07/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on regulatory developments in the Abu Dhabi Global Market, where their Financial Services Regulatory Authority has launched its framework to regulate spot crypto asset activities, including those undertaken by exchanges, custodians and other intermediaries in the Global Market. The framework has been introduced following the conclusion of a public consultation which was launched by the Global Market’s Financial Services Regulatory Authority and ended on 28 May 2018.

The framework is designed to address the full range of risks associated with crypto asset activities, including money laundering and financial crime, consumer protection, technology governance, custody and exchange operation risks. As a result of feedback received during the consultation, several refinements have been made to the regulatory framework. One of the most significant changes is the implementation of a Daily Value Trading Levy which will be imposed on Crypto Asset Exchanges on a sliding scale.

In addition, the Financial Services Regulatory Authority has published its Guidance-Regulation of Crypto Asset Activities in the Global Market and application form for interested applicants to operate a crypto asset business in the Global Market. The Guidance elaborates on the Market’s approach towards the regulation of crypto asset activities and is a useful resource for interested applicants.

Weekly Spotlight: A Series of Employment and Immigration Developments in the UAE

24/06/201811/12/2019
by Benjamin Filaferro

This week the spotlight is on employment and immigration developments in the UAE, where additional changes to the country’s visa system and an upcoming amnesty for illegal residents have been announced by the Cabinet at its latest session. These changes are in line with earlier announcements, including the introduction of a new insurance scheme which will replace the bank guarantees system in the country. In the last quarter of 2018, a new one-year permit will be introduced for women and their children residing in the UAE without a visa sponsor due to certain circumstances including a divorce or death of their husband. Currently, no similar provision is guaranteed in the immigration regulations and the decision of allowing residency in these cases is discretionary.

Nationals of countries affected by war or natural disasters will be offered an extendable one-year residency permit free of charge, regardless of their current visa status. No specific list of countries has been issued yet. According to the announcement, the regulation will be in effect from 1 August until 31 October 2018.

Finally, the Federal Authority for Identity and Citizenship has announced an amnesty initiative called ‘Protect Yourself by Modifying Your Status’ which is expected to be launched in the coming weeks. The programme is aimed at allowing illegal residents in the UAE to correct their immigration status. Foreign nationals will have a choice to depart from the country without paying fines and without an immigration ban, or to change their status to employment. Those who entered illegally will be allowed to depart and will be issued with a two-year immigration ban.

Bahrain: Australian Court Rejects ‘Permanent Home’ Tax Appeal

18/06/201811/12/2019
by Benjamin Filaferro

Australia’s Federal Court rejected an appeal on 8 June 2018 against an issued but undisclosed tax assessment from the Australian Taxation Office for the 2011 income year.

The case revolved around whether or not an apartment in Bahrain was a permanent home for tax purposes on 8 June 2018 under the ‘domicile’ test.

The case involved a former aircraft engineer, Glenn Harding who lived in Bahrain for more than five years in the same block of fully-furnished apartments. He had appealed on the basis he was not a ‘resident’ in the 2011 income year, but the Federal Court rejected that partly because of the type of accommodation he lived in.

The ruling means renting out a fully-furnished apartment overseas may not be enough to convince the tax office an individual is a non-resident for tax purposes.