LexisNexis Middle East

Saudi Arabia: Foreign Lawyers to be Allowed to Plead in Courts

12/07/202112/07/2021
by Benjamin Filaferro

Gulf News (United Arab Emirates), 7 July 2021: According to local newspaper reports, Saudi Arabia’s Cabinet has approved a Decision to allow foreign lawyers to plead in courts.

They will have to be licensed in the Kingdom and be basic members of the Saudi Bar Association.

They must have a degree from a Sharia college or a Bachelor of Law from one of the Kingdom’s universities or an equivalent of any of these degrees obtained from abroad, or a post-graduate diploma of legal studies from the Institute of Public Administration. They must also have at least three years of practical legal experience. This period may be reduced to one year for an individual who holds a Master’s degree in Sharia or in law, or an equivalent, or a post-graduate diploma in law for Sharia college graduates. This requirement will not apply to a holder of a doctorate in these specialist fields. They must be of good conduct and not under interdiction and must not have been subjected to any hadd or Qur’anic prescribed punishment or any other sentence in connection with a crime which impugns integrity, except where a minimum of five years has passed since the sentence was issued. Finally, they must be residents of the Kingdom.

They will be able to represent third parties before courts of law, the Board of Grievances and other committees set up by laws, decrees and decisions to consider the cases falling within their respective jurisdictions.

They can also provide consultancy services based on Sharia principles and the rule of law.

The Cabinet Decision has amended a requirement in the Saudi Code of Law Practice for lawyers to be a Saudi to practice law in order to be able to plead before courts.

Previously, law firms could only outsource foreign lawyers as legal advisors.

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News developments

First 2021 edition of Qatar Business Law Review Out Now!

07/07/202107/07/2021
by Benjamin Filaferro

Check out the latest edition of The Qatar Business Law Review! This issue includes:

Qatar legal news by Sultan Al-Abdulla & Partners.
A case comment by Dr. Zain Al Abdin Sharar on the Qatar International Court and Dispute Resolution Centre (QICDRC) Note on its decision in C v. D.
Practical guidance from LexisNexis Middle East on the Qatar International Court and Dispute Resolution Centre (QICDRC) and the Qatar Financial Centre (QFC) Authority.

Access the latest issue here.

News developments

UAE: Dubai International Finance Centre Enacts News Intellectual Property Regulations

07/07/202107/07/2021
by Benjamin Filaferro

Gulf News (United Arab Emirates), 6 July 2021: The Dubai International Financial Centre has announced it has enacted new Intellectual Property Regulations.

They came into force on 5 July.

They provide clarity on the powers and functions of the Commissioner of Intellectual Property. They also outline the process for filing intellectual property infringement complaints, inspections and investigations in connection with violations of the Intellectual Property Law.

In addition, they cover the issuing of directions by the Commissioner, along with the specifics which must be contained in the directions.

A Register of Experts is also going to be established and the Commissioner may appoint them to assist in investigating complaints.

Finally, the Commissioner will be able to cooperate with Federal and local authorities to protect intellectual property rights across each of their respective jurisdictions.

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News developments

UAE: Written Warnings Issued to Establishments Violating Real Beneficiary Decision

06/07/202106/07/2021
by Benjamin Filaferro

Emaratalyoum, 2 July 2021: The UAE’s Economy Ministry together with the relevant licensing authorities in the country have started implementing the first phase of administrative penalties under Cabinet Decision No. 58/2020.

These involve written warnings being issued to establishments who violate the Decision on the regulation of the procedures for real beneficiaries.

Affected entities had to comply with the Decision by 1 July.

The second phase of the Decision being implemented will start on 8 July and will see entities who fail to comply with the Decision fined in line with Cabinet Decision No. 53/2021.

For full story see https://www.emaratalyoum.com/business/local/2021-07-02-1.1509506.

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News developments

Qatar: Amended Custom Procedures Launched

04/07/202104/07/2021
by Benjamin Filaferro

Gulf Times, 1 July 2021: Qatar Customs has announced measures to improve customs procedures in the country.

They have launched a system to launch the process of linking the image analysis or NeoTech systems of x-ray machines with the single-window or Al Nadeeb clearance system.

This system is the first of its kind and can speed up inspection processes as well as reduce release times and reduce the burdens on inspectors.

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News developments

UAE: New Working Permits to be Issued with Golden Residency Holders

04/07/202104/07/2021
by Benjamin Filaferro

Alroeya, 1 July 2021: The UAE’s Human Resources and Emiratisation Ministry has announced it will issue working permits to golden residency holders.

The new work permit covers three categories.

These are unemployed people, people who want to renew their existing working permit and people who want to work for a different employer.

It has been issued as part of a Cabinet Decision which allowed work permits to be issued to Golden Residency holders.

The same rules and procedures related to the issuing of work permits and contracts apply to dependents registered on their parents’ residency, if they are applying for work and are Golden Visa holders.

Work permits and contracts concluded between employers and workers who receive the Golden Residency will remain valid, and subject to all applicable UAE legislations.

Prescribed fees and applicable fees for work permits for those outside the country, as well as fees for renewing and amending work permits and contracts, will also apply to Golden Residency holders.

For full story, click here.

Additional reporting from the Emirates News Agency on 1 July 2021.

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News developments

Saudi Arabia: Health Insurance Risk Pool Regulations Issued

04/07/202112/07/2021
by Benjamin Filaferro

Saudi Gazette, 30 June 2021: Saudi Arabia’s Central Bank has issued health insurance risk pool regulations.

They will regulate the formation and management of health insurance risk pools through brokers.

They are aimed at providing access to suitable insurance coverage at low prices as well.

In addition, they are aimed at preserving the rights of insurance parties and respond to evolving client needs by establishing a regulatory framework for the risk pooling.

Finally, they are aimed at regulating the relationship between employers, brokers and insurers.

Also reported in Al Riyadh on 30 June 2021. For full story see https://www.alriyadh.com/1893743.

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News developments

Sharjah: Human Resources Law for Civilians Approved

01/07/202104/07/2021
by Benjamin Filaferro

Sharjah’s Ruler has issued Sharjah Law No. 3/2021 on human resources for civilians in statutory bodies in the Emirate.

Among other things, there are provisions on human resources affairs for civilians in terms of filling jobs, appointments and conditions, training, promotions and their mechanisms and job duties and prohibitions.

It will apply to the Sharjah Police General Command, Sharjah Police Science Academy, The General Directorate of Civil Defence and any other entity added to this list of entities by an Executive Council Decision.

It will apply to the civil servants of the statutory body in line with the budget allocated to them by the Government. Non-citizen employees of the statutory body will be subject to the contracts concluded with them in line with the approved forms and the provisions which apply to them in this law and regulation.

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News developments

UAE: Guidance on Anti-money Laundering and Terrorist Financing Issued

01/07/202101/07/2021
by Benjamin Filaferro

The UAE’s Central Bank has issued guidance on anti-money laundering and terrorist financing for its Licensed Financial Institutions who provide services to the real estate, precious metals and stones sectors. It came into force on 20 June.

It will help understand and mitigate risks as well as ensure Licensed Financial Institutions fulfil their statutory obligations under Federal Decree-Law No. 20/2018 and Cabinet Decision No. 10/2019.

They should take the standards issued by the Financial Action Task Force into account as well.

Under the guidance, Licensed Financial Institutions have to perform appropriate customer due diligence in all customer dealings and report any behaviour they reasonably suspect may be linked to money laundering, terrorist financing or a criminal offence by submitting suspicious activity reports to the UAE’s Financial Intelligence Unit directly. They should do so through the goAM portal.

They should assess the associated money laundering and terrorist financing risks and develop an effective programme which encompasses a competent compliance officer and provide training for their employees on these risks.

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News developments

Qatar Financial Centre Regulatory Authority Launches Consultation on Proposed Amendments to Prudential Framework for Conventional QFC Authorised Banks

29/06/202129/06/2021
by Benjamin Filaferro

The Qatar Financial Centre’s Regulatory Authority has launched a consultation on proposed Banking Business Prudential (Credit Risk and Related Matters) Amendments Rules 2021. It ends on 31 December this year.

The aim is to assess the impact of these proposals on conventional QFC authorised banks.

The prudential banking framework which applies to banks is largely based on the international framework for banks developed by the Basel Committee on Banking Supervision.

The amendments are being proposed to the Banking Business Prudential Rules 2014.

They include updated Rules taking account of the revised BCBS standardised approach for credit risk as well as new rule requirements related to the credit risk management framework.

They also include new rules taking account of the BCBS prudential treatment for equity investment in funds and new rules for categorising problem assets and provisioning.

In addition, they include new rules for the classification of items between the banking and trading books and updated rules related to the large exposures framework.

As the Islamic Financial Services Board has not finalised its work to update the credit risk capital requirement for Islamic banks, the Regulatory Authority is proposing to defer updating the credit risk framework in the Islamic Banking Business Prudential Rules 2015 until the standards are finalised and published.

After the consultation has ended, the Regulatory Authority will test the prudential returns with QFC banks over the reporting period from January 2022 to June 2022. The updated final BANK Rule would come into force on 1 January 2023.

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