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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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News developments

Kuwait: MoCI to Tackle Fraud in Precious Metal

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

Arab Times, 1 August 2024: The Ministry of Commerce and Industry’s (MoCI’s) Undersecretary has issued a decision to form a joint working team between the Precious Metals Department and the Commercial Control Department to reduce the phenomenon of fraud in precious metals.

This team is headed by the Commercial Control Department’s Director, with a deputy and nine ministry employees as members.

The decision has defined the team’s responsibilities, which include conducting joint inspection tours between the two departments at gold and precious metal jewelry shops and workshops to combat commercial fraud.

The team’s activities will continue over three months from the date of the decision’s issuance.

The Commercial Control Inspection Teams at the Fish Market Centre in the eastern region affiliated with MoCI continue their efforts and inspection campaigns to monitor the performance of offices selling imported fish.

One of the campaigns had resulted in the closure of an office after the office owner started the auction without obtaining the approval of the ministry’s inspectors, violating the regulations and laws in force.

The inspection teams have also conducted several tours of school clothing stores in Hawally, resulting in the issuance of seven citations for various violations such as lack of price tags and absence of country of origin labels.

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News developments

Kuwait: Minister Takes Firm Action Against Academic Fraud

01/08/202401/08/2024
by Hannah Gutang

Arab Times, 25 July 2024: In line with the directives of the Amir to combat corruption and promote national progress, the Education Minister and Higher Education and Scientific Research Minister has taken decisive steps to address academic fraud.

The minister has announced the approval of recommendations from the investigation committee within the Higher Education Ministry, resulting in the referral of several post-secondary school certificates to the Public Prosecution.

This second batch of referrals involves documents that were found to be falsified, with altered data to secure certificate equivalency.

The minister has emphasised that this action is part of a series of measures by the ministry to enforce the law and uphold the integrity of education.

They have revealed that additional groups will be referred to the Public Prosecution in the near future as the ministry continues to take all necessary steps to protect the reputation and status of education in the country.

The minister has reiterated the commitment to ongoing reform and the fight against corruption, stating that efforts to address forged academic certificates will be rigorous and unwavering.

They have also assured that there will be no leniency or exceptions for those involved in academic fraud, as addressing this issue is seen as both a national and religious duty, as well as a security mission.

The minister has stressed the importance of creating a transparent and just environment that provides equal opportunities for all and strengthens trust in national institutions.

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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!

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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.

News developments

Kuwait: New Measures to Protect Women’s Rights and Family Welfare Announced

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

Arab Times, 24 July 2024: The Acting Secretary-General of the Supreme Council for Family Affairs has announced that the Awqaf and Islamic Affairs Ministry, through its Iftaa Department, has legally approved a significant new proposal.

The proposal, which requires a woman’s consent through fingerprinting before completing her marriage contract, has been endorsed and is now awaiting implementation by the Justice Ministry.

The Awqaf and Islamic Affairs Ministry has confirmed the approval, and details on the mechanism for its enactment will be released by the Ministry.

The Acting Secretary-General has highlighted that this measure is in response to international demands from organisations on women’s affairs.

She has explained that the council is also working on a gender balance guide aimed at increasing women’s representation in leadership roles and decision-making positions.

Additionally, a family protection guide is being developed to detail the health, psychological, social, housing, and legal services available to victims of violence, ensuring these resources are easily accessible.

The council has formed a national team to improve the country’s international rankings on women’s indicators.

This includes training courses with relevant authorities and the United Nations Economic and Social Commission for Western Asia (ESCWA) to prepare a national strategy on women, security, and peace.

Coordination with the Foreign Affairs Ministry is ongoing to update the family strategy, develop a specific women’s strategy, and unify data on domestic violence.

The council is also reviewing existing laws and legislation related to women, children, and families, with a view to proposing necessary amendments.

In addition to these initiatives, the Acting Secretary-General has announced plans to raise awareness about the impact of violence through seminars and discussion groups in collaboration with relevant authorities.

A volunteer team, tentatively named “Friends of the Supreme Council for Family Affairs,” is being proposed to improve community volunteer efforts.

The council is preparing a calendar of international women’s days to boost activities during these periods and is establishing a mechanism to develop women’s skills, particularly in cooperative and municipal work.

A hotline for reporting domestic violence and a separate line for family consultations have been set up.

A policy guide for the Centre for the Protection of Abused Women is also in progress to ensure the confidential and systematic handling of cases.

Two protection centres have already been opened in different governorates, with plans for a third centre underway.

The Acting Secretary-General reaffirmed the council’s commitment to its mandates under Kuwait Decree No. 401/2006 and the 2019 organisational structure.

The council is dedicated to upholding local laws and international conventions that protect family integrity, focusing on strengthening family ties, preserving unity, and improving social security and stability.

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News developments

Kuwait: Transfer from Domestic Visa To Private Sector Is Open

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

Arab Times, 14 July 2024: The Public Authority for Manpower (PAM) has begun accepting requests from domestic workers to transfer their residencies from Article 20 to Article 18 of Kuwait Ministerial Decision No. 22/2022 for a period of two months, starting from 14 July 2024.

The Public Authority for Manpower (PAM) has issued a decision to allow domestic workers to transfer their residency from Article 20 of Kuwait Ministerial Decision No. 22/202 to a private sector work residency under Article 18 of Kuwait Ministerial Decision No. 22/2022.

The decision sets three conditions for approving the residency transfer.

First, the employer’s in-person attendance is required.

Second, the Interior Ministry’s General Department for Residency Affairs must approve the transfer after verifying the sponsor’s consent.

Additionally, the applicant must submit documents proving their residence in Kuwait for at least one year.

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News developments

Kuwait: Municipality Enforces Building Code Compliance

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

Arab Times, 4 July 2024: The Kuwait municipality has issued a directive requiring property owners to address any building code violations on their premises.

This move comes after 116 warnings were issued for non-compliance with building regulations.

Property owners are expected to promptly rectify these violations to ensure compliance to the established building standards.

The council will continue to monitor and enforce regulations to maintain the safety and integrity of the community.

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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

News developments

Kuwait: Allows Ministry Transfers With Specialised Certifications

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

Arab Times, 26 June 2024: The Civil Service Commission has upheld Kuwait Ministerial Decree No. 10/2013 for the 12th consecutive year, reaffirming its longstanding policy of prohibiting the transfer of employees between ministries.

An exception has been introduced allowing employees with specialised certifications to move between ministries.

Under this exception, employees currently serving in any ministry will now have the opportunity to transfer if they acquire specialised certificates relevant to another ministry’s needs.

For instance, an employee working in the Transportation Ministry who obtains a bachelor’s degree in nursing can seek a transfer to the Health Ministry.

Additionally, an employee from the Commerce Ministry with a bachelor’s degree from the College of Education or the College of Basic Education will now be eligible to transfer to the Education Ministry.

This decision marks a significant departure from the general prohibition outlined in Kuwait Ministerial Decree No. 10/2013.

They have clarified that this exception has been extended to accommodate residents of Al-Wafra, Al-Khiran, and Sabah Al-Ahmad, allowing them to work within a government agency located in these specific areas.

This move by the Civil Service Commission aims to use the deployment of human resources across ministries while aligning with the evolving educational and professional qualifications of government employees.

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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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