Bahrain: Considers Laws to Protect Privacy, Family Life

Al Watan, 21 October 2024: The Foreign Affairs, Defence, and National Security Committee of the Shura Council has discussed a draft law amending certain provisions of the Penal Code, originally promulgated by Bahrain Decree-Law No. 15/1976.

This draft law was prepared based on an amended version submitted by the Shura Council.

Additionally, the committee has reviewed a draft law for the year 2019, which also amends some provisions of the Penal Code promulgated by Bahrain Decree-Law No. 15/1976, as outlined in Bahrain Decree-Law No. 83/2019.

The first draft law aims to aggravate the penalty against anyone who incites passersby in public places to immorality through gestures, words, or any other means.

The draft also includes amending Article 370 of Bahrain Decree-Law No. 15/1976, which stipulates aggravating the penalty for anyone who publishes news, images, or comments related to the private or family secrets of individuals, even if true, if their publication would harm them.

The committee has discussed the second draft law, which aims to protect individuals’ private or family life from infringement and criminalise any act that violates it, due to the misuse of social media or other means, whether by taking or publishing or broadcasting photos.

The draft also aims to aggravate the penalty for anyone who opens a letter or telegram without the consent of the sender, or eavesdrops on a telephone conversation, and to aggravate the penalty for anyone who discloses the letter, telegram, or conversation to someone other than the intended recipient without their permission, whenever such an act would harm others.

The committee has affirmed that the two draft laws aim to develop the Penal Code in line with the changes that have occurred in life in the Kingdom of Bahrain, particularly regarding the prescribed penalties that are no longer commensurate with the gravity of the innovative act, as a deterrent to the violator before committing any crime stipulated in Bahrain Decree-Law No. 15/1976.

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Bahrain: Tamkeen Recovers Support Amounts From a Number of Violating Institutions

Mubasher, 14 October 2024: The Labour Fund Tamkeen in Bahrain has recovered support amounts from a number of companies that were proven to have violated the terms, conditions, and contracts stated in the support programs.

This came after the issuance of rulings regarding a number of cases that were referred by “Tamkeen” to the competent authorities regarding a number of institutions that benefited from the support funds provided through employment support and wage support programs, as they involved criminal suspicion.

The support amounts provided in a number of these cases have been recovered, as this measure affirms Tamkeen’s commitment to the principles of transparency and accountability, and the application of necessary penalties on all violators without exception.

Violations that are detected are dealt with according to their nature. Administrative violations, such as violating support requirements, regulations, and policies in force at “Tamkeen,” are decided upon in accordance with the Regulatory Bylaw for Violations by Suppliers and Beneficiaries of Labour Fund Projects.

This is done through a number of penalties that include recovering funds, deprivation from obtaining Tamkeen support for a specific period, or both.

On the other hand, violations that involve criminal suspicions, such as illegal employment, wage manipulation, and the like, are referred to the competent security authorities for adjudication and taking necessary measures, while Tamkeen maintains the right to impose the aforementioned administrative penalties on them upon the issuance of a decision by the competent authorities.

It is worth noting that Tamkeen’s Control Team had previously announced the introduction of a control plan aimed at detecting any cases of illegal employment or wage manipulation.

A number of the Fund’s employees have also been granted the status of judicial control officers to enhance the legal frameworks followed in control and follow-up procedures and develop working mechanisms between “Tamkeen” and the concerned authorities to take necessary measures regarding the detected cases.

The number of visits carried out since the launch of the new package of programs in November of last year exceeded 4,300 inspection visits to beneficiaries of employment and wage support programs.

Tamkeen has also recently launched a page on its website to report violations as part of a comprehensive plan to improve control procedures and emphasise the activation of transparency principles and improve control.

This aims to consolidate cooperation frameworks and mutual trust between Tamkeen and all members of society, whether beneficiaries or non-beneficiaries of the provided support programs.

It also ensures that support is directed to those who deserve it and the application of the highest adopted standards for institutional control.

Tamkeen renews its call to everyone, whether beneficiaries or non-beneficiaries of support programs, to cooperate and report any violations or excesses through the designated channels, which include the dedicated page on the website www.tamkeen.bh/whistleblowing-form/, in addition to the hotline 17383383, and the email report@tamkeen.bh.

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Bahrain: Legal Consultancy Offices Accredited

Al Biladpress, 9 October 2024: The Justice, Islamic Affairs and Endowments Ministry in Bahrain has accredited eight legal consultancy offices to provide foreign legal consultations.
These accredited offices are now authorised to operate in the country, offering legal advisory services.

To obtain the licence, the firms had to submit authorisation letters, experience certificates, and details of their responsible managers and qualifications.

The registration fee for each office is 6000 Bahraini Dinars, payable through a designated payment process.
The accreditation process takes five days to complete.

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Bahrain: First Digital Assets Exchange Launched

Zawya, 4 October 2024: ATME, a regulated digital assets exchange in Bahrain, has officially launched at FinTech Forward 2024, hosted by the Bahrain Economic Development Board (EDB).

Licensed by the Central Bank of Bahrain (CBB), ATME aims to democratise access to a wide range of previously illiquid assets through fractional ownership.

Built on a private blockchain network, ATME facilitates the conversion of real-world assets into digitally tradable tokens.

These tokens represent a new, more convenient form of traditional financial instruments, such as debt, equity, and more.

By incorporating tokenisation, ATME enables businesses to gain access to new, more cost-effective ways of raising capital.

Meanwhile, it opens doors to new, high-value investments and portfolio diversification for investors.

ATME’s platform ensures a trustworthy digital asset trading environment by restricting access to authorised participants who have undergone rigorous KYC and AML compliance.

By incorporating the enterprise-grade Hyperledger Fabric framework, ATME provides a comprehensive range of services to optimise the capital raising process and enhance investment potential.

With comprehensive regulatory backing, ATME is poised to contribute significantly to Bahrain’s economic diversification efforts and further elevate the country’s prominence in the global fintech landscape.

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Bahrain: New Regulations for Tourist Establishments

Al-Biladpress, 29 September 2024: Tourist facilities in Bahrain face new restrictions on their operating hours and services.

The new regulations, issued by the Tourism Ministry, aim to regulate the hospitality industry and ensure compliance with certain standards.

The key aspects of the new regulations include a complete closure of tourist facilities offering food and beverages in hotels at 3 AM.

Additionally, the provision of tourist services, artistic and musical performances, and music operations is prohibited between 2:30 AM and 12 PM for certain categories of establishments.

Furthermore, restaurants designated for independent tourist services separate from hotels are required to obtain a licence from the Bahrain Tourism and Exhibitions Authority.

These establishments are also mandated to comply with specific conditions, such as obtaining approvals from relevant authorities, not altering their premises or management without prior consent, and refraining from engaging in unauthorised activities.

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Bahrain: Government Rejects Proposal to Audit Sports and Labour Unions

The Daily Tribune, 18 September 2024: The government has rejected a legislative proposal that aimed to place sports and labour unions under the supervision of the Financial and Administrative Audit Bureau.

The government has argued that the funds of these organisations are private, not public.

In a memorandum to the Council of Representatives, the government has stated that the Bahrain Olympic Committee is an independent body with legal personality and financial, administrative, and technical autonomy.

It operates under the provisions of the Olympic Charter and its president issues a unified statute covering the formation, administration, dissolution, meetings, and international participation of sports federations, along with their administrative and financial matters.

The government has emphasised that the federations operate in accordance with laws and regulations issued by the international federation for each sport.

It has also highlighted that the Olympic Committee receives financial support from the Supreme Council for Youth and Sports, further solidifying the private nature of their funds.

Purpose Regarding labour unions, the government explained that their purpose is to protect the interests and rights of workers.

They are granted independent legal personality upon registration with the Labour Ministry and are required to include provisions in their statutes regarding the preservation of their funds, financial systems, and financial records.

The government’s response to the Council of Representatives emphasised that the law does not classify the funds of labour unions as public money and does not grant them the protection afforded to public funds.

Their financial resources are limited to membership fees, contributions, grants, donations, bequests, proceeds from events, and other sources that comply with the law and the organisation’s statutes.

Oversight While the government maintains that these organisations are private entities and their funds are not subject to the Financial and Administrative Audit Bureau’s oversight, it acknowledged a potential for oversight.

The Minister of Youth and Sports can request the Bureau to audit the financial records of sports federations, based on the Associations Law.

This provision allows the minister to review the income and expenses of sports associations and clubs, ensuring the integrity of their resources and the legitimacy of their spending.

However, this oversight is discretionary and not mandatory.

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Bahrain: Electronic Government Launches Appointments National System

Alayam, 3 September 2024: The CEO of the Information & eGovernment Authority has announced the official launch of the National Appointments System and the (Mawaeed) application available on the eGovernment Apps Store.

This initiative aligns with the government’s directives and supports the priorities of the government program (2023-2026) to digitise government services and transactions comprehensively.

The appointment system and application were implemented by the Interior Ministry and the Information and eGovernment Authority.

After a successful trial phase, 18 new service centres from seven government agencies have joined the system, including the Labour Ministry, the Social Development Ministry, the Housing and Urban Planning Ministry, the Justice, Islamic Affairs and Endowments Ministry, the Municipalities Affairs and Agriculture Ministry, the Public Prosecution, and the Royal Humanitarian Foundation, bringing the total number of participating government agencies to nine.

The National Appointments System and the (Mawaeed) application aim to streamline and improve the delivery of government services, making them more accessible and convenient for citizens and residents.

This digital transformation initiative demonstrates the government’s commitment to modernising public services and improving the overall experience for the public.

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Bahrain: Introduces New Tax for Multinational Enterprises

Zawya, 3 September 2024: Bahrain has announced the introduction of a Domestic Minimum Top-up Tax (DMTT) for Multinational Enterprises (MNEs) as outlined in Bahrain Decree-Law No. 11/2024.

The new framework for MNEs is fully aligned with the Organisation for Economic Co-operation and Development (OECD) guidelines, and will be effective from 1 January 2025, highlighting Bahrain’s commitment to promoting global economic fairness and transparency.

This strategic move builds on Bahrain’s proactive engagement with the OECD, dating back to 2018 when it joined the Inclusive Framework and endorsed the groundbreaking two-pillar reform.

To date, more than 140 jurisdictions have signed up for this international tax reform.

As part of this two-pillar reform, the OECD established a Global

Minimum Corporate Tax to ensure large MNEs pay a minimum tax of 15% on profits in each country where they operate.

With the introduction of the DMTT, the kingdom demonstrates its international commitment to global co-operation and its dedication to fostering a fair and level playing field in international taxation, the National Bureau for Revenue (NBR).

Implementing this initiative aims to ensure that MNEs pay the minimum 15pc tax on the profits generated in the kingdom.

This decree law will apply exclusively to large MNEs operating in the kingdom, with global revenues surpassing the Pillar Two threshold of 750 million euros (BD312m).

Eligible businesses are urged to register with the NBR before the deadline specified in the relevant legislation.

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Bahrain: Accreditation For Three New Medical Specialties

The Daily Tribune, 25 August 2024: Government Hospitals have earned accreditation for three additional medical specialties from the Saudi Commission for Health Specialties, bringing the total number of accredited programmes to 16.

The newly accredited specialties include ophthalmology, emergency medicine, and dermatology.

They join previously accredited areas such as internal medicine, general surgery, obstetrics and gynaecology, paediatrics, diagnostic radiology, neuroscience, anaesthesia, anatomical pathology, psychiatry, paediatric surgery, urology, orthopaedic surgery, and otolaryngology-head and neck surgery.

This recent accreditation reflects the hospitals’ ongoing effort to enhance healthcare quality in Bahrain and demonstrates their emphasis on medical training as a key element in developing skilled professionals.

The hospitals aim to offer a high-quality educational environment, providing trainees with the expertise needed for safe professional practice.

They work to meet both institutional and programme standards, fully leveraging available resources for specialised medical training, under the supervision of bodies such as the Arab Board of Health Specialisations and the Saudi Commission for Health Specialties.

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