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Bahrain: Amendment to 2014 State Information and Documents Protection Law Approved News developments

Bahrain: Signs Patent Prosecution Highway Agreement With US

  • 05/07/202405/07/2024
  • by Hannah Gutang

The Bahrain Industry and Commerce Ministry has signed a cooperation agreement with the United States Patent and Trademark Office, to apply the fast-track system for technical examination of patents (PPH).

The minister has emphasised that this agreement will further enhance the Kingdom’s patents and intellectual property sector.

He has highlighted Bahrain’s position in preserving and protecting all types of intellectual property and patent rights, which contributes to increasing the flow of investments.

The agreement comes as part of the plan to develop the regulatory and procedural framework related to the registration of intellectual property and patents in cooperation with the Prime Minister’s Office (PMO).

The agreement will allow accelerating technical examination procedures of patent applications.

It will also improve cooperation with the US Patent Office and facilitate the exchange of the latest findings on patent applications filed with the Bahrain Patent Office.

Additionally, the agreement will promote the exchange of expertise in managing patent offices and procedures for examination and grants.

It aims to raise the quality of the reports of the Bahraini National Office and prevent conflicts in technical results with major international patent offices.

This also includes increasing revenues related to filing patent applications and examining them technically.

The fast-track system supports applicants approved by international patent offices, including the US Patent Office.

It will accelerate the procedures for granting patents in the Kingdom.

This will be based on the examination reports issued by the five major international government offices proposed for bilateral contracting through this agreement.

The system also aims to provide an attractive environment for regional and international investments, in addition to enabling the examination of patent applications filed with the Bahrain Patent Office, especially in cases where a specialised patent examiner is not available.

For the full story, click here.

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UAE: Central Bank Reveals New Sandbox Conditions Regulations News developments

UAE: Central Bank Reveals New Sandbox Conditions Regulations

  • 28/06/202428/06/2024
  • by Hannah Gutang

Middle East Economy, 25 June 2024: The Central Bank of the UAE (CBUAE) has issued the new ‘Sandbox Conditions Regulation’ aimed at attracting startups and global fintech businesses to the UAE financial sector.

The regulation outlines specific criteria and conditions that participants must meet in order to test innovative financial business models, products, and services within a regulatory sandbox environment.

A key objective of this regulation is to facilitate the testing of innovative financial solutions to support the competitiveness of the UAE financial sector.

It also aims to create an attractive environment that promotes creativity and innovation within a well-defined regulatory framework.

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Additionally, the regulation aims to improve the competitiveness of the UAE’s financial sector, thereby promoting economic growth within the nation.

The regulation provides details on the conditions and criteria that participants like startups, fintechs and established businesses must fulfill.

It allows them to be exempted from the requirement of obtaining a full license, enabling them to test their innovations for a specified duration.

However, they must comply with the stated regulatory obligations during this period.

Importantly, applicants must present a technologically innovative financial product, service, solution or business model that can benefit consumers and the wider industry.

They must also demonstrate a clear intention to deploy the proposed service broadly across the UAE after successfully exiting the regulatory sandbox.

A key aspect of the regulation is that it enables the CBUAE to proactively assess and respond to fintech innovations as part of its supervisory role.

It also guides participants on structuring their businesses in a compliant manner within the sandbox environment.

The CBUAE Governor stated that the Sandbox Conditions Regulation highlights the UAE’s commitment to enabling innovation and building a knowledge-based economy.

The aim is to encourage innovators to contribute positively while ensuring consumer protection and serving the interests of all stakeholders.

The Sandbox Conditions Regulation has been published in the Official Gazette and has come into force with immediate effect.

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Saudi Arabia: Deadline for Transferring Domestic Workers Salaries Via Digital Wallets Announced News developments

Saudi Arabia: Deadline for Transferring Domestic Workers Salaries Via Digital Wallets Announced

  • 28/06/202428/06/2024
  • by Hannah Gutang

Al-Madina, 22 June 2024: The Musaned Program has confirmed that transferring domestic workers’ salaries via digital wallets will be mandatory as of the beginning of next July, as part of the measures being implemented to control the recruitment sector.

The “Musaned” program confirmed that transferring domestic workers’ salaries via digital wallets will be mandatory starting from the beginning of July 2024, as part of the measures being implemented to regulate the recruitment sector.

The program has advised benefiting from the domestic workers’ salaries icon available in digital wallets, as it is a tool for documenting wage payment.

Only the employer can transfer their salaries, as the worker’s data is available to them.

In a related context, the program indicated that until 1 July 2024, transfers can be made through the channels approved by the “Musaned” platform’s domestic workers’ salary transfer system to document the payment of salaries.

The Musaned platform for recruiting domestic workers achieved remarkable achievements in the recruitment sector for the year 2023.

The total number of recruitment contracts made through the Musaned platform reached more than two million contracts, in a proactive step that imrpoves the platform’s international status.

New countries were added to the list of countries available for recruiting domestic workers, such as Ethiopia, Burundi, Sierra Leone, Tanzania, and Gambia.

The number of countries available for recruiting female domestic workers reached 33 countries, providing many different options for beneficiaries.

In response to economic changes, the Ministry has reviewed costs, services provided, and systems.

As a result, the platform lowered the maximum recruitment prices for domestic workers in 2023 for several countries.

These countries included the Philippines at 14,700 riyals, Uganda at 8,300, Kenya at 9,000 riyals, Sri Lanka at 13,800, Bangladesh at 11,750 riyals, and Ethiopia at 5,900 riyals.

With increased competition among service providers, beneficiaries can find the most affordable options with the highest service quality and satisfaction through the platform.

For the full story, click here.

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Qatar: Qatarisation Draft Law Approved News developments

Qatar: Qatarisation Draft Law Approved

  • 28/06/202428/06/2024
  • by Hannah Gutang

Raya, 24 June 2024: The Shura Council has approved a draft law on the Qatarisation of jobs in the private sector, after reviewing the report of the Financial and Economic Affairs Committee on it and discussing the provisions of the draft law by its members.

The Council has also approved a draft law amending some provisions of Qatar Law No. 24/2015 on tenders and bids, after reviewing the relevant report of the Financial and Economic Affairs Committee.

Additionally, the Council has approved a draft law amending some provisions of Qatar Law No. 25/2015 regarding Civil Defense, after discussing the report of the Internal and Foreign Affairs Committee on the matter.

For the full story, click here.

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Oman News developments

Oman: Building Code To Be Ready By Year End

  • 28/06/202428/06/2024
  • by Hannah Gutang

Oman Observer, 24 June 2024: The Housing and Urban Planning (MoHUP) Ministry has entered into an agreement with the International Code Council to design Oman Building Code before the end of 2024, with five codes being completed in 2025.

ICC is a non-profit standards organisation that creates the International Building Code (IBC) as well as the International Residential Code (IRC) for countries across the world the agreement the codes will be issued in Arabic and English and aim to regulate the buildings sector in Oman.

The Omani Building Code, set to be ready by the end of the year, is a comprehensive set of technical, scientific, and administrative systems specialised in buildings.

It is based on practical foundations, natural conditions, and engineering rules to achieve sustainability, safety, and public health.

The code is being developed in line with the recommendations of the National Urban Development Strategy.

An advisor from the Ministry of Housing and Urban Planning (MoHUP) has stated that the Omani Building Code consists of six sections: general code, energy conservation and sustainability code, code for existing and heritage buildings, plumbing code, mechanical code, and sanitation code.

Once approved, they will serve as the basic reference for any new construction or renovation projects in the country, facilitating the exchange of experiences between Oman and other nations while creating job opportunities.

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Kuwait: To Ban Unapproved Gas Cylinder Regulators News developments

Kuwait: To Ban Unapproved Gas Cylinder Regulators

  • 28/06/202428/06/2024
  • by Hannah Gutang

Arab Times, 25 June 2024: The General Fire Force has announced an agreement with the Kuwait Oil Tanker Company to ban the import and distribution of unapproved liquefied gas cylinder regulators and their extensions.

This move aims to improve safety standards and protect public welfare.

The Fire Department has stated that the agreement was reached between its acting head, and the Executive Vice President of Fleet Operations at the Kuwait Oil Tanker Company.

The ban specifically targets liquefied petroleum gas cylinder regulators and extensions that do not meet the Kuwait Oil Tanker Company’s specifications.

This decision will be implemented in coordination with the General Administration of Customs to ensure strict enforcement.

Additionally, both parties have agreed to launch joint media awareness campaigns to educate the public about the dangers of using counterfeit gas accessories.

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UAE News developments

Dubai: Decree On Emirates International Accreditation Centre Issued

  • 28/06/202428/06/2024
  • by Hannah Gutang

Al-Bayan, 21 June 2024: Dubai has issued Dubai Decree No. 39/2024 regarding the formation of the Board of Directors of the Dubai Women Establishment.

This decree shall take effect immediately upon its issuance and will be published in the Official Gazette.

It was noted that the diverse experiences and professional backgrounds of the Board of Directors members will enhance the Establishment’s efforts to empower women and increase their participation across various sectors, including the economy, creativity, sustainability, entrepreneurship, and supporting their societal roles.

This aligns with the goals and priorities outlined in the organisation’s strategic plan.

The organisation aims to establish Dubai as a globally recognised model for women-friendly cities, in line with the visionary and proactive leadership.

For the full story, click here.

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Bahrain: Amendment to 2014 State Information and Documents Protection Law Approved News developments

Bahrain: Sets Initiatives to Combat Human Trafficking

  • 28/06/202428/06/2024
  • by Hannah Gutang

The Daily Tribune, 26 June 2024: Bahrain has launched initiatives in partnership with the International Organisation for Migration (IOM).

These initiatives include training through the Regional Centre of Excellence for Capacity Building in Combating Trafficking in Persons, establishing specialised judicial bodies, and dedicating prosecutors for trafficking cases.

They also involve setting up a Victims and Witnesses Protection Office and providing a shelter for trafficking victims.

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UAE: New Labour Regulations Approved News developments

UAE (Ajman): To Launch Building Classification Tool Starting 1 July 2024

  • 28/06/202428/06/2024
  • by Hannah Gutang

Khaleej Times, 24 June 2024: The Land and Real Estate Regulation Department will launch the building classification process in Ajman, starting 1 July 2024.

The process will include examining buildings and real estate facilities’ compliance with standards and regulations, and will continue over a period of three months.

The Director General of the Department, has affirmed that the criteria to classify buildings, according to international standards and specifications, are ready.

An integrated electronic programme has been developed to classify the buildings and display results directly, and transparently, after the field visits.

This classification will ensure quality of services, and facilitate investors regarding their investment decisions and options related to renting or purchasing any property in the emirate of Ajman.

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Survey: The expansion of localisation within the GCC region News developments

Survey: The expansion of localisation within the GCC region

  • 24/06/202428/06/2024
  • by Tanya Jain

Vialto Partners and LexisNexis 2024 Survey

In recent years there has been a noticeable trend in the GCC region regarding the implementation of localisation policies. These policies have had a profound impact on various aspects of the workforce, including recruitment, training, and internal promotions.

Analysis

One prominent example is the expansion of Emiratisation in relation to United Arab Emirates (UAE) 2021 Vision Strategy, which saw the UAE authorities introduce further mandatory requirements for Mainland companies in 2022 and 2023 respectively, to enhance initiatives targeted at employing local talent. Similarly, we also saw the Kingdom of Saudi Arabia (KSA) implement rigorous Saudisation rules and regulations, aimed at specific industries and professions to promote the employment of Saudi nationals. In respect to these developments, Vialto Partners and LexisNexis joined forces in early 2024 to conduct a comprehensive corporate survey on the challenges and impact of localisation policies on businesses operating within the GCC region.

Key Findings

  • Seventy-eight percent (78%) of businesses who participated in the survey were able to meet their localisation quotas and found the changes implemented by the authorities to be positive, as it led to more opportunities for GCC employees within their organisations.
  • Twenty-two percent (22%) of businesses faced difficulties meeting localisation quotas as they found the requirements to be challenging, impractical and unrealistic, which was also exacerbated by a lack of local specialised talent.
  • Eighty-nine percent (89%) of businesses found that localisation policies contributed to their organisations creating internal programmes and employing staff internally to accommodate and meet the demands of localisation policies. Despite this, seventy-eight percent (78%) of businesses found that meeting localisation policies contributed to an increase in labour and operational costs.
  • Twenty-two percent (22%) of businesses found that localisation policies did not lead to new opportunities for GCC nationals within their organisations and they did not experience an increase in labour or operational costs.
  • Sixty-one percent (61%) of businesses found that they already had global policies for assignments in place for international staff. Whereas thirty-nine percent (39%) of businesses did not have any global policies in place for international staff, and eleven percent (11%) did not have any internal programmes for training and development.
  • Fifty-three percent (53%) of businesses changed their policies on opportunities for international staff to meet the demand of localisation quotas. In contrast, forty-seven percent (47%) of businesses reported that they had already implemented diversity and inclusion initiatives (which was not aimed at a specific nationality or origin) prior to the implementation of localisation rules.

Overall, employers found localisation policies to be challenging yet reasonable within the GCC region, as it encouraged businesses to work closely with local authorities and communities to attract and retain local talent.

Key Trends

  • Some employers were successful with meeting, or even surpassing localisation quotas by implementing a comprehensive plan which included targeting roles to be filled by a local employee versus a foreign national, as well as employing skilled professions who were experts with managing localisation policies. As a result, the actions from these employers showed the importance for businesses to adapt and tailor their operational objectives to align with localisation initiatives, through meticulous and strategic planning.
  • Some employers found meeting localisation quotas to be difficult and unattainable, as it limited their ability to employ foreign skilled workers, in lieu of local talent who did not possess the necessary skill set to meet their business needs. For example, organisations which participated in the survey noted that due to the restrictions imposed by localisation policies in KSA and Kuwait, they were restricted from recruiting talent internationally, which in turn, created a skilled worker shortage and prevented these companies from being able to compete in local economies. As a result, some companies were unable to meet the requirements to bid for government contracts and projects.
  • Some employers found the rules and regulations published by GCC authorities on localisation policies to be fluid, unclear and difficult to ascertain, as the rules were constantly changing. This was also accompanied by tight deadlines for implementation, thus businesses felt under pressure to meet these regulatory provisions, as they did not want to be penalised financially or risk reputational damages. As such, businesses wanted to avoid administrative penalties such as:
    • The inability to renew or hire new employees due to a suspension from using their company’s portal.
    • The downgrade of the company’s registration category, leading to increased government hiring fees, limited work permit quotas and loss of revenue.

Practical Considerations

There are initiatives which GCC authorities have introduced to help businesses target and retain local talent, whilst also incentivising them. For example, the UAE authorities implemented the Nafis programme to encourage Emirati nationals to apply for jobs in the private sector through a wide range of incentives such as:

  • The introduction of on-the-job training and apprenticeship programmes, targeted at Emirati nationals who have recently graduated from school, university or returning to work after a prolonged break.
  • The introduction of a child allowance scheme which offers financial support to Emirati nationals in the private sector who have children and earn a salary below AED 50,000 per month. Through this initiative, Emirati nationals can return to work and claim a monthly allowance of AED 600 per child.
  • The introduction of an Emirati salary support scheme which has been designed to provide support to Emirati nationals seeking employment in the private sector through training programmes, as well as a top-up contribution scheme for those already employed in the private sector. Through this initiative, eligible Emirati nationals will receive additional financial support to bridge the gap between their current salary and their relevant target salary. To qualify for this top-up contribution, eligible Emirati nationals must be employed full-time in the private sector, earning a monthly salary of up to AED 30,000. It is also important to note that eligible Emirati nationals must not hold any shares in their respective establishments and their salaries must be paid through the Wage Protection System or any other official payment method. Furthermore, they must not receive any salary from any government entity, and they must have an active pension contribution with either the Abu Dhabi Pension Fund (ADPFBF) or the General Pension & Social Security Authority (GPSSA), with pension contributions being paid for the last two months.

Similarly, in KSA, the Ministry of Labor and Social Development (MLSD) has taken significant steps to boost the employment of Saudi nationals in the private sector through strategic initiatives aimed at empowering women to return to the workforce, train Saudi nationals so they can compete in the local market and overall create more job opportunities for Saudi nationals. Some of the initiatives include:

  • The introduction of the ‘Skills Accelerator’ programme which provides training vouchers to Saudi nationals working in the private sector so that they can further enhance their skills and raise their productivity in the workplace.
  • The introduction of the ‘Parallel Training’ programme in collaboration with renowned organisations such as Saudi universities, academies, and training establishments. This initiative was designed to provide practical training to Saudi women, equipping them with the essential skills to advance their career in the private sector.
  • The mandatory disclosure of training data to all establishments employing fifty or more employees. At the end of each calendar year, these establishments are required to disclose data and training activities, such as the number of training hours and related information, as well as the number of trainees who have completed training in categories such as employees, students, graduates, and job seekers. The disclosed training duration should not be less than eight units per trainee per year. Additionally, these establishments must disclose their training plans, data, and reports on training activities, the number of trainees, and the total budget allocated for the following year. The Ministry affirms that this resolution will contribute to an accurate analytical assessment of training indicators in the labor market.

With Saudisation and foreign investment at the forefront of Vision 2030, we have seen the authorities implement unique strategies to incentivise companies to remain in KSA. Most notably through the introduction of the Regional Headquarters (RHQ) programme which was designed to encourage companies to set up their regional operations in KSA and and in return these companies would gain an array of benefits such as:

  • Be exempt from Saudisation requirements for a period of ten years.
  • Be exempt from corporate Income and Withholding Taxes for a period of thirty years.
  • Be awarded unlimited work visa quotas for their RHQ employees.

The expansion of localisation in KSA and UAE has paved the way for other GCC countries to take similar measures and implement comparable initiatives. For example, in Qatar, the Qatar Cabinet recently approved a draft law on the nationalisation of jobs in the private sector, which aligns with the Ministry of Labour’s strategy to boost the number of Qatari nationals employed in the private sector. The proposal has been referred to the Shura Council for their approval and if approved, we can anticipate the implementation of quotas, along with the creation of jobs and training opportunities specifically aimed to benefit the employment of Qatari nationals in the private sector.

Businesses who participate in government programmes and comply with localisation rules and regulations could enhance their company profile and experience benefits such as:

  • Move to the highest category on their company license.
  • Be considered for government tenders.
  • Be a beacon for promoting a diverse and inclusive workforce, whilst also building close relationships with communities.
  • Diversify their recruitment pool and target a wider range of individuals, which does not solely rely on school and university graduates, but also individuals who have taken a career break and are now ready to rejoin the workforce.

Recruitment planning will be important for businesses looking to attract and retain local talent. HR and Global Mobility teams may need to set out the benefits to stakeholders for diversifying their workforce, as well as working with relevant business units to implement a strategy in terms of where local talent is sourced, and how talent can be nurtured to ensure long term retention.

Conclusion

The expansion of localisation policies within the GCC region has sparked significant transformations in the workforce dynamics, recruitment strategies, and operational frameworks of businesses. The findings underscore a mixed landscape, where the majority of businesses have been able to meet localisation quotas, albeit with increased operational costs. Yet, the overwhelming sentiment is one of positivity, with localisation initiatives driving internal programmes and fostering greater opportunities for GCC employees. Navigating these policies hasn’t been without hurdles; employers have had to adapt swiftly to evolving regulations, often facing uncertainties and tight deadlines, while some have encountered difficulties in balancing the recruitment of local talent with the need for specialised skills.

Despite these challenges, there’s a clear recognition among businesses of the necessity to align with localisation objectives. Successful organisations have demonstrated the importance of strategic planning, tailoring their approaches to meet quotas while maximising the potential of local talent. Conversely, those struggling to meet quotas have highlighted the impact on competitiveness and access to government contracts.

The UAE authorities, for example, have introduced supportive initiatives to aid businesses in targeting and retaining local talent, offering incentives such as training programmes and financial support. Participation in these programmes position businesses as advocates for diversity and inclusion, fostering closer ties with communities and expanding their recruitment pools.

As the GCC region continues to evolve, the journey towards effective localisation remains ongoing. It’s a journey marked by collaboration between businesses and authorities. In this evolving landscape, adaptability, strategic planning, and a commitment to fostering local talent will remain essential for businesses to thrive.

It is also crucial for businesses to stay alert and keep up to date with the latest rules and regulations regarding localisation. In this way, businesses can proactively prepare for the future, whilst also effectively navigating the ever-changing landscape of localisation.

Written by:

  • Anir Chatterji, Partner, EMEA Immigration – anir.chatterji@vialto.com
  • Rekha Simpson, Director, Middle East Immigration – rekha.simpson@vialto.com
  • Ali Ibrahim, Director, KSA and Bahrain Immigration – ali.a.ibrahim@vialto.com
  • Nasrine Abdi, Manager, Middle East Immigration – nasrine.abdi@vialto.com

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