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Lexis Middle East Law Alert: August-September 2024 Edition News developments

Lexis Middle East Law Alert: August-September 2024 Edition

  • 15/08/202415/08/2024
  • by Tanya Jain

Welcome to the August-September 2024 edition of Lexis Middle East Law Alert, your trusted source for the latest legal developments and insights in the MENA region. This issue delves into the most significant legal changes across the Gulf, including the introduction of stringent new telemarketing regulations in the UAE and the implementation of a groundbreaking enforcement law in Qatar. We also cover vital updates in DIFC property law, Saudi disability rights, and the latest customs regulations, providing you with a comprehensive overview of the legal landscape.

In addition to these key features, this edition highlights expert analyses on crucial legal topics such as non-compete clauses, a landmark ADGM case on fraud, and an in-depth profile of a leading legal counsel driving innovation at Qatar Stock Exchange. Whether you are a legal professional, a business leader, or simply interested in the evolving legal environment in the Middle East, this edition offers valuable insights to help you stay informed and ahead of the curve.

Stay informed with our meticulously curated content, designed to keep you ahead in the ever-changing legal landscape.

FEATURE: CALLING FOR CHANGE

Lama Alkhouli of Maamoun Alkhouli delves into the newly implemented legal framework governing telemarketing activities both onshore and offshore in the UAE, effective from August. The article provides a detailed analysis of how these stringent regulations will operate and the impact on businesses.


FEATURE: FULL FORCE OF THE LAW

The new enforcement law in Qatar aims to address the challenges creditors face. Experts from Mashael Alsulaiti Law Firm offer insights into the implications of this law and how it will streamline enforcement procedures for creditors.


IN-HOUSE PROFILE: WHEN MARKET MEANS INNOVATION

Aiman Khair, Legal Counsel at Qatar Stock Exchange, shares his insights on how his role contributes to the realization of the Qatari Financial Sector Strategy, emphasizing innovation in the market.


DISPUTE RESOLUTION FOCUS

A detailed analysis of a recent ADGM case involving allegations of fraud and breaches under Section 242 of the ADGM Financial Services and Markets Regulation 2015. Legal experts from Al Aidarous explain the importance of the case, particularly the decision to strike out all claims against one Defendant.


MOVERS AND SHAKERS

A round-up of the most significant appointments and promotions across the legal landscape in the region, highlighting the top moves that are reshaping the industry.


CONTRACT WATCH: NON-COMPETE CLAUSES

Gloria Estolano from M & Co. Legal examines non-compete clauses, providing valuable insights into their enforceability and implications for businesses.


LME Law Alert_ August-September 2024

Explore the past editions of the Lexis® Middle East Law Alert and stay up-to-date with the latest news! Click the links below for instant access to older editions.

Lexis Middle East Law Alert_January-February 2024

Lexis Middle East Law Alert_May/June 2024 Edition
Lexis Middle East Law Alert_July August 2023

TAX AND FINANCE ROUND-UP

A breakdown of the new Customs voluntary disclosure rules, providing clarity on compliance requirements and the impact on businesses in the region.


LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region. Also, updates on the DIFC Property Law changes, highlighting the key modifications that stakeholders need to be aware of.


LAW MONITOR

An in-depth look at the Implementing Regulations for the Saudi Law on the Rights of Persons with Disabilities, exploring the legal protections and rights for individuals under this new regulation.


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Saudi Arabia: Announces Key Labour Law Amendments to Improve Work Environment News developments

Saudi Arabia: Announces Key Labour Law Amendments to Improve Work Environment

  • 08/08/202408/08/2024
  • by Hannah Gutang

The Saudi government has approved key amendments to several articles of the Labour Law, aiming to create a more attractive work environment and contribute to sustainable development in line with the goals of Vision 2030.

The Human Resources and Social Development Ministry has stated that the new amendments include 38 articles, deleting seven articles, and adding two new articles to the Labour Law.

These amendments align with the Saudi employment market strategy as well as international agreements ratified by the country.

The ministry has stated that the new amendments will take effect after 180 days from the date of their publication in the official Gazette.

The amendments aimed to improve the labour market in the country, enhance job stability, preserve the rights of parties to the contractual relationship, in addition to developing human resources, enhancing training opportunities for workers, and increasing job opportunities for citizens.

The amendments took into account the interests of all parties to the contractual relationship.

These included an expansion of the item on holidays and labour contracts; adding definitions of the terms: resignation and assignment; adding an article specifying the procedures for resignation; amending the grievance procedures for the worker; and adding penalties for practicing the activity of employing workers without a licence from the ministry.

The new amendments also stipulate that the employer must formulate a special policy for the training and qualification of employees in order to raise their skills and improve their standard.

A number of amendments were also made in the item on maritime work.

The ministry has explained that the new amendments were made after an extensive study.

This study involved standard comparisons with labour laws in several countries as well as an analysis of best global practices.

Over 1,300 participants offered their opinions and suggestions on the proposed amendments to various articles of the Labour Law.

These inputs were collected via the Istitlaa survey platform, run by the National Competitiveness Centre.

This is in addition to sharing opinions and advice with private sector establishments, relevant government agencies, labour committees, and a number of specialists and experts in human resources through workshops and consultative meetings.

These amendments are formulated to reinforce the directive to develop existing systems and regulations.

The aim is to contribute to supporting the market, production and service sectors.

The amendments also provide an appropriate legislative environment and support small and medium enterprises.

Ultimately, the goal is to create more job opportunities for citizens and achieve sustainable development goals.

These goals align with the labour market strategy and the targets of Vision 2030.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

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Saudi Arabia: Allows 100% Foreign Ownership in Most Business Sectors News developments

Saudi Arabia: Allows 100% Foreign Ownership in Most Business Sectors

  • 02/08/202402/08/2024
  • by Hannah Gutang

The Saudi Vice Minister of Commerce and CEO of the National Competitiveness Centre (NCC) noted that the Kingdom allows 100% foreign ownership in most business sectors, a significant factor in attracting international investment.

This was highlighted during the Saudi-Korean Business Forum, where the Commerce Minister has emphasised that Saudi Arabia’s Vision 2030 has led to substantial economic diversification, fostering sustainable and inclusive growth, and encouraging innovation across various business sectors.

The forum, attended by the Saudi Ambassador to Korea and approximately 400 representatives from both public and private sectors, has highlighted the strategic trade relations between Saudi Arabia and Korea.

The Commerce Minister highlighted the collaborative efforts to boost economic prosperity, noting that trade volume between the two nations reached $35 billion from 2019 to 2023. Additionally, 174 commercial records were issued to Korean companies up to last April.

The Korean Minister of Trade emphasised the expanding Saudi-Korean economic and trade partnership across vital sectors such as automotive and shipbuilding, as well as emerging areas like AI, data centres, and smart cities.

He also noted the growth in trade services and stressed that the Korea-GCC Free Trade Agreement would elevate economic cooperation to a new level.

The NCC CEO outlined significant reforms aimed at boosting the Kingdom’s competitiveness.

She has highlighted the positive transformations in the Saudi economy and business environment.

Notably, 820 economic reforms have been implemented by 60 government agencies since 2016 in nine key areas, with 1,200 laws and regulations issued and updated to strengthen the legal framework.

The NCC CEO has also emphasised the digitisation of government services, which has reached 97%, and the activation of virtual commercial court sessions at a 99% rate, significantly improving litigation efficiency.

She has also mentioned that the establishment of the Saudi Business Centre has streamlined business licensing requirements by 55%.

The forum, organised by the NCC, the Federation of Saudi Chambers of Commerce, and the Korean Chamber of Commerce and Industry, aimed to expand economic partnership opportunities between the two nations.

It included two dialogue sessions: “Innovation and Technology,” featuring representatives from the Ministry of Investment, Monshaat, SDAIA, and Korean companies Naver and Rebellions, which discussed the role of government initiatives in promoting innovation and technology adoption.

The second session, “Advanced Manufacturing and Infrastructure,” was attended by representatives from various ministries and institutes, and tackled key developing sectors in advanced manufacturing and the challenges and opportunities posed by digital transformation in infrastructure development.

Nine agreements were signed by companies from both sides, marking a successful conclusion to the forum.

The event was held on the second day of the Saudi delegation’s visit to Korea from 29 July 2024 to 31 July 2024.

It was preceded by meetings between the Commerce Minister and Korea’s Minister of Trade, Industry and Energy, and Minister of Trade, where discussions focused on strengthening trade relations and cooperation in global trade issues, particularly in removing trade barriers and increasing exports.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

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Lexis Middle East HR Alert – July 2024 Edition News developments

Lexis Middle East HR Alert – July 2024 Edition

  • 29/07/202430/07/2024
  • by Tanya Jain

Welcome to the latest edition of Lexis Middle East HR Alert – July 2024, your definitive source for staying abreast of the legal and business developments shaping HR in the Middle East. As the region continues to evolve and adapt to global standards, it is imperative for HR professionals, legal practitioners, and business leaders to stay informed about the changes and trends impacting the workforce.

In this issue, we delve into the critical reforms in wage protection systems in Saudi Arabia and Qatar, shedding light on how these changes aim to safeguard employees’ rights. Our comprehensive News Round-Up covers key regional developments, including significant retirement age changes in Saudi Arabia, while our Immigration Focus highlights the latest visa and immigration changes across the GCC, essential for managing international workforces.

Gain valuable insights from industry experts like Joshua Decker, Shreyansh Singh, and Antoine Salloum, who provide in-depth analyses and perspectives on current HR and legal challenges. Additionally, our HR and In-House Profiles feature Ryan Jackson and Shayan Sultan, sharing their strategies and experiences in navigating the dynamic HR landscape.

Stay updated with the latest business moves, appointments, and promotions, and explore new and proposed laws affecting the MENA region. This issue also includes a pivotal case study from the DIFC, emphasising the importance of understanding legal precedents in employment law.

Happy reading!

This edition features a diverse range of content, including:

Feature: Protecting Pay Cheques

Saudi Arabia and Qatar are both in the process of updating their wage and salary protection systems. Joshua Decker of Vaishvik Law International Ltd delves into the specifics of these reforms, providing a comparative analysis of both systems and how these changes are set to improve wage protection for employees in these countries.


Trend Setter – Smoke and Mirrors: Gulf Workers’ Housing Reality

The tragic Mangaf fire in Kuwait has brought to light the dire conditions in which many foreign workers live. Shreyansh Singh, Associate Partner at Shree Legal Consultancy, examines this incident and highlights the pressing need for more stringent housing regulations to ensure the safety and well-being of foreign workers in the Gulf.


News Round-up: Covering Recent Key Developments – Region-Wide

Stay updated with the latest regional developments, including significant changes to the retirement age in Saudi Arabia, impacting HR policies and employee planning across the region.


Immigration Focus

Explore the latest immigration and visa regulations across the GCC, with a special focus on Qatar’s new exit requirements. This section provides essential insights for HR professionals managing international workforces.


Immigration Focus: Turning Qatar’s Challenges into Opportunities

Antoine Salloum, an expert in Qatar’s immigration sector, offers an insider’s perspective on navigating the ever-evolving immigration landscape, turning potential challenges into strategic opportunities.


Law Changes: New and Proposed MENA Laws

Sarit Thomas and Emma Higham from Clyde & Co analyse Qatar Cabinet Decision No. 11/2024, detailing the new eligibility criteria for early retirement under the updated Social Insurance Law. This section covers crucial legal changes affecting HR policies and employee benefits.


Case Focus – DIFC Case No. 039/2024: Noah v Nicole

This case, recommended by Ayesha Karim, highlights a pivotal issue concerning the right to a salary in an unopened business. Issued on 28 May 2025 by the DIFC Small Claims Tribunal, this case sets a significant precedent for employment law in the region.


Enrich your understanding of the HR landscape and stay up-to-date with the latest trends, cases, and policies through the newest issue of Lexis Middle East – HR Alert.


For all the latest industry updates and developments, opt for a free HR Alert subscription!

Want to learn more about Lexis® Middle East? Visit, https://www.lexis.ae/lexis-middle-east-law/.

Lexis Middle East HR Alert_July 2024

Have you read the Lexis® Middle East HR Alert – previous 2024 editions? Click the links below to access and read these editions.

Lexis Middle East HR Alert_January 2024
Lexis Middle East HR Alert_May 2024

HR Profile: Embracing Culture In Recruitment

Ryan Jackson, founder and CEO of Culture First Recruitment, shares his journey and offers insights into addressing talent shortages in the UAE. By focusing on a culture-centric approach, Jackson discusses how evolving workforce dynamics can be managed effectively.


In-House Profile: Practitioner Perspective

Shayan Sultan of Fragomen provides an overview of upcoming changes in Bahrain that will impact the costs charged by agencies recruiting domestic workers, highlighting key points HR professionals need to consider.


Policy Pointers: Smokeless Zones

Maisa Maarouf, Head of HR and Administration at BSA Ahmad Bin Hezeem & Associates LLP, contributes her expertise on creating smokeless zones, an essential policy pointer for maintaining a healthy work environment.


Moves and Changes

Stay informed about the latest business news, significant appointments, and promotions across the region, ensuring you are up-to-date with the key players in the market.


HR Profile: Recruitment in an Evolving Market

Mpho Netshiombo, Head of People, Performance, and Culture at KPMG Bahrain, discusses how recent legal and market changes have impacted recruitment strategies. He shares his approach to talent development, management, and engagement in this evolving landscape.


Saudi Arabia: Oversight And Anti-Corruption Authority Law Approved News developments

Saudi Arabia: Oversight And Anti-Corruption Authority Law Approved

  • 25/07/202425/07/2024
  • by Hannah Gutang

Al-Eqt, 23 July 2024: The Council of Ministers has approved the Oversight and Anti-Corruption Authority Law.

The Authority’s Chairman has stated that the law will contribute to strengthening the role of the Authority in exercising its powers with regard to combating financial and administrative corruption in all its forms and manifestations.

The law will contribute to strengthening the role of the Authority in combating financial and administrative corruption.

It aims to preserve public funds and protect the nation’s capabilities.

Additionally, it ensures that perpetrators of corruption crimes are prosecuted and held accountable as per legal and regulatory requirements.

The law also facilitates the recovery of funds and proceeds resulting from these crimes to the state’s public treasury.

The law affirms the complete independence of the authority and empowers it by granting the necessary powers to exercise its duties, perform its tasks, and consolidate its role with complete impartiality.

He has stated that the system identifies the types of corruption crimes the Authority is responsible for.

These include bribery, assault on public funds, abuse of power, and any other crime classified as a corruption crime under statutory provisions.

The law also outlines the authority’s powers in administrative oversight, investigation and administrative prosecution, safeguarding integrity, promoting transparency, and international cooperation with regional and international bodies and organisations within the authority’s remit.

It covers investigating aspects of financial and administrative corruption, as well as criminal investigation and prosecution.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

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Saudi Arabia: Central Bank Launches Government Banking Services Platform News developments

Saudi Arabia: Central Bank Launches Government Banking Services Platform

  • 18/07/202418/07/2024
  • by Hannah Gutang

Al-Sharq Al-Awsat, 14 July 2024: The Saudi Central Bank (SAMA) has launched the government banking services platform (Naqd), which allows government agencies to easily access their accounts with the Central Bank and carry out financial operations on a secure digital platform.

According to SAMA, this step comes within the framework of the Central Bank’s strategy to provide banking services to government agencies and support digital development.

It will contribute to the digitisation of government agencies’ financial operations services offered for their accounts with the Saudi Central Bank, under a unified and secure digital platform.

It will also facilitate round-the-clock access to their account information and account management, in addition to immediate follow-up of the operations carried out to and from government agencies’ accounts.

The platform aims to provide electronic banking services that support government financial transactions.

It is designed to improve the user experience, improve efficiency and productivity in financial transactions by using the latest technology, and contribute to reducing the time required for implementing government banking procedures.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

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Saudi Arabia: Shura Calls on External Investment Laws Review News developments

Saudi Arabia: Shura Calls on External Investment Laws Review

  • 12/07/202412/07/2024
  • by Hannah Gutang

Al-Watan, 8 July 2024: The Shura Council has called upon the Investment Ministry to list the regulations and decisions related to the field of foreign direct investment for the Saudi investor, review them, and make the necessary proposals.

The aim is to improve national investments in international trade.

In its decision, the Shura Council has also called on the Ministry to develop a methodology to measure the generation of Saudi jobs in investment, and to build indicators to measure and verify them periodically, in line with the labour market strategy.

The Council has stressed that the Ministry, in coordination with the General Authority for Statistics – must develop a methodology to build an investor confidence index and measure it periodically in line with international practices.

In the same decision, the Shura Council has called on the Ministry of Investment to work with the Distinguished Residence Centre to develop sustainable policies and work mechanisms that ensure compatibility and integration between the preparation of sectoral investment plans and distinguished residency products.

It has also called on the Ministry to work with the media system to develop specific communication and media initiatives that enhance investment confidence in the Kingdom and protect it from external media misinformation.

For the full story, click here.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

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Lexis Middle East Gulf Tax – Summer 2024 Edition News developments

Lexis Middle East Gulf Tax – Summer 2024 Edition

  • 08/07/202408/07/2024
  • by Tanya Jain

Welcome to the latest edition of Lexis Middle East Gulf Tax Magazine, your comprehensive guide to the evolving tax landscape in the Gulf Cooperation Council (GCC) region. As businesses navigate through dynamic tax regulations and new compliance requirements, staying informed is crucial. This edition brings you expert insights, practical advice, and updates on significant tax developments affecting various sectors across the GCC.

In this issue, we delve into the attractive tax incentives for companies establishing Regional Headquarters in Saudi Arabia, with insights from Sadia Nazir of KPMG. We also explore the recent changes in the taxation of foreign banks in Dubai, expertly explained by Charles Collett of PwC. As the UAE prepares for the implementation of E-Invoicing in 2026, we highlight the key takeaways businesses need to consider to ensure readiness and efficiency.

Gulf Tax Magazine remains committed to providing valuable knowledge and expert perspectives to help you navigate the complexities of the GCC tax environment. We hope you find this issue insightful and beneficial for your tax planning and compliance efforts.


FEATURE: OVER AT HQ

In this feature, Sadia Nazir from KPMG Saudi Arabia explores the tax incentives available for companies establishing a Regional Headquarters (RHQ) in Saudi Arabia. Nazir delves into the specifics of these incentives, offering insights into how businesses can benefit from setting up their RHQs in this strategic location.


FEATURE: TAXING: NEW ERA FOR BANKS

Charles Collett of PwC provides an in-depth analysis of the recent changes in the taxation of foreign banks in Dubai. Collett explains how these changes impact foreign financial institutions and what steps they need to take to comply with the new tax regulations.


TAX NEWS ROUND-UP

This round-up covers recent key developments in tax treaties and regulatory changes across the region, providing readers with a comprehensive overview of the latest updates.


WHAT’S CHANGED?

With the implementation of E-Invoicing set for July 2026, UAE businesses must evaluate their readiness in terms of people, processes, and systems. This section highlights the importance of automating invoicing processes to enhance efficiency and ensure a smooth transition to the new system.


PRACTICAL FOCUS: ON REAL ESTATE

Brian Conn and Ashish Athavale of BDO discuss the application of VAT on real estate in GCC countries. As the real estate market continues to boom, this article examines how VAT impacts investors and the overall market dynamics.


TAX PROFESSIONAL PROFILE:

Head of Tax Operations – MEA, Amedeo Aragona, discusses his proactive approach to tax audits. Aragona shares strategies for mitigating risk and avoiding costs through careful audit preparation and execution.


ANY QUESTIONS?

Mohamed El Baghdady of Habib Al Mulla examines the recent changes to UAE guidance on the VAT treatment of board members’ services, providing clarity on whether VAT is applicable and under what conditions.


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Lexis Middle East Gulf Tax_Summer 2024

Have you read the Lexis® Middle East Gulf Tax – Spring and Summer 2023 editions? Click the links below to access them.

Lexis Middle East Gulf Tax | Autumn 2023

Lexis Middle East Gulf Tax |Spring 2023
Lexis Middle East Gulf Tax | Winter 2023
Saudi Arabia: Supreme Judicial Council Approves Three-Judge Panel System For Criminal Cases News developments

Saudi Arabia: Supreme Judicial Council Approves Three-Judge Panel System For Criminal Cases

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

Arab News, 3 July 2024: Criminal cases in the Kingdom will be heard by a three-judge panel at criminal courts, pending approval from the head of the Supreme Judicial Council.

The decision will be implemented gradually in collaboration with the relevant departments of the council and the Ministry of Justice.

The council has issued a series of decisions aimed at promoting judicial safeguards and improving the quality of judgments.

These include approval for family cases to be exclusively heard by 12 personal status courts and a selection of personal status panels in general courts located in regions that do not have personal status courts available.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

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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.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

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