Kuwait: Using Deceased’s Biometrics To Unlock Their Phone Is Not Allowed

Al Qabas, 3 May 2024: The Endowments Ministry, through the Fatwa and Sharia Research Sector, has issued a ruling stating that it is not permitted for the family of a deceased person or anyone else to use their hand or face fingerprint to unlock their phone.

These biometrics are deemed part of the deceased person’s privacy.

The Fatwa has further stated that if there is a need to unlock the deceased’s phone, this should be done through the judiciary or the competent security authority.

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Kuwait: Consultation on Draft Procurement Law

Argaam, 30 April 2024: The Ministry of Justice has circulated a draft “Public Procurement” law to government agencies for review.

The Ministry wishes to get their opinions, observations, and recommendations before drafting the new law in its final form, referring it to the Council of Ministers and then presenting it to the National Assembly.

The draft, law which has seven articles, stipulates the repeal of Kuwait Law No. 49/2016 On Public Tenders. As a result employees at the Central Agency for Tenders will be redeployed to other public entities at the same grades, and with the same salary and benefits.

Article 2 of the new law in Chapter One, specifies its scope of application and exceptions which include regulating the purchase of items, contracting and services, carried out on behalf of public entities, and contracts for import services for radio and television programmes.

Bodies including Defense Affairs, the National Guard, the Interior Ministry, Central Bank, the Kuwait Petroleum Corporation and its companies, and the Public Authority for Housing Welfare would be exempt from the new legislation.

Contracting in accordance with the provisions of the law will be through public tenders, but as an exception and by a reasoned decision from the competent minister, will will be possible to contract via limited tender, practice, competition, and direct order.

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Kuwait: New Auditing Rules Approved

Arab Times, 21 April 2024: Kuwait’s Central Bank has implemented new auditing rules as part of its ongoing efforts to tackle money laundering.

They have done so in line with Financial Action Task Force or FATF standards.

The Central Bank has mandated that exchange companies it supervises hire an impartial global auditing firm to assess compliance with Kuwait Law No. 106/2013 (the Anti-money Laundering and Terrorist Financing Law).

The audit focuses on transactions and activities that appear strange or lack clear, legitimate economic purposes.

The auditing must be carried out twice a year on 30 June and 31 December. The new rules are aimed at ensuring transactions are not conducted with individuals or entities listed on international or national blacklists.

It also involves public benefit organisations and charitable institutions being investigated by a sample of their transactions being audited.

The audit also verifies customer information and details about the actual beneficiaries of transfers are properly collected and updated. Records of customers and their transactions must be retained for at least five years.

The appointed auditor cannot be an internal auditor or affiliated with the company’s internal control team.

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Kuwait: Healthcare Professional Licence Requirements

Arab Times, 31 March 2024: Kuwait’s Health Ministry has issued a Ministerial Decision outlining the general conditions and regulations for licensing healthcare professionals in the public and private sectors.

Under Kuwait Ministerial Decision No. 71/2024, resident doctors and registered assistants are banned from practicing in the private sector unless they work in licensed training establishments, which are supervised.

Health professionals seeking promotion to higher technical levels in the private sector must obtain 100 educational units of continuing medical education approved by the Kuwait Institute for Medical Specialties.

Individuals over 65 must take part in medical examinations specified by the Ministry to ensure they meet the fitness conditions required before being granted or renewing licences.

These medical examinations must be repeated every two years.

Titles and years of experience required for healthcare professionals in the public sector apply to the private sector, provided the experience is in the same specialty.

General practitioners can work in private clinics, health dispensaries and hospitals, but they must start in accident departments, outpatient clinics or hospital wards under supervision. They cannot perform specialist surgery.

Dentists at general practitioner level can work in private clinics, dental centres and hospitals but must begin at dental departments in outpatient and accident clinics. They cannot work in operating rooms.

The regulations have been issued to ensure the quality and standardisation of medical care provided in both the public and private healthcare sectors in the country.

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Kuwait: Real Estate Property Description Certificate Controls

Alrai, 23 March 2024: The Director General of Kuwait’s Municipality, Engineer Saud Al-Dabbous has directed governorate branches to review the last inspection and inspect all engineering plans and their conformity with the technical requirements of properties before issuing a real estate description certificate.

Sources have said the Director-General is in the process of establishing a committee to research the validity of the description certificates issued throughout the last year.

They pointed out that description certificates have a direct relationship to the issue of building violations and single people’s housing in private and model housing areas.

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Kuwait: Family Visit Visa Rules May be Amended

Kuwait Times, 14 March 2024: Kuwait’s Interior Ministry is understood to be considering amending family visit visa rules in the country.

They are understood to be considering announcing any amendments by June 2024.

The amendments being considered are understood to relate to the salary condition for family visit visas.

The national carrier airfare requirement could also be amended and there could be exceptions for nationals of countries who do not have direct airline connections between them and Kuwait or where there are no flights for Kuwait Airways and Jazeera Airways for security reasons or other reasons.

The decision to consider amendments to the conditions for obtaining this type of visa was made following a security study,

This study was carried out by the Interior Ministry.

The speculation comes a month or so after the government announced changes to the rules for obtaining this type of visa.

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Kuwait: Airport Tender Investigation Urged

Alrai, 3 March 2024: Kuwait’s Public Works Minister and Minister of State for Municipal Affairs has urged the supervisory authorities to launch an investigation into a tender for Package No 3 related to aircraft parking and service buildings for the new passenger terminal at Kuwait Airport.

They requested an impartial investigation committee be established.

This committee should include members from the University of Kuwait, the Fatwa and Legislation Department and the Finance Ministry.

Members should commit to the principle of transparency and application of the law in order to preserve public funds in line with Article 17 of the Constitution.

The committee would be responsible for verifying the award procedures and confirming their validity or highlighting any suspicions in an urgent report which must also include the names of any violators.

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Kuwait: National Assembly Dissolved

Al Riyadh, 15 February 2024: An Emiri Decree dissolving the country’s National Assembly has been issued.

News to this effect was aired on Kuwait TV.

It stated: “The National Assembly was dissolved due to the Council’s transgression of constitutional principles in highlighting the respect of the Supreme Leader and deliberately using expressions.”

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