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Lexis Middle East Law Alert: May/June 2024 Edition News developments

Lexis Middle East Law Alert: May/June 2024 Edition

  • 13/06/202413/06/2024
  • by Tanya Jain

Welcome to the May/June 2024 edition of LME Law Alert, your complimentary source for the latest legal insights and updates in the MENA region. In this edition, we delve into groundbreaking legislation on digital assets in the DIFC, explore the impact of Oman’s new financial services regulator, and provide a comprehensive overview of recent legal developments across the region.

Our expert contributors offer in-depth analyses on a variety of topics, including dispute resolution, tax and finance, and contract management. We also feature an exclusive profile of Suzi Duncan from Novartis, discussing the challenges of working in a rapidly evolving sector.

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

FEATURE: TACKLING THE WINDS OF CHANGE

Dixon Melitt James of Elint AI provides an in-depth analysis of groundbreaking legislation on digital assets issued in the DIFC, exploring its implications for the financial sector.


FEATURE: RULES AND REGULATIONS

Phoebe Lim, Debopam Dutta, Salman Ahmed, and Benjamin O’Brien-McQueenie of Trowers & Hamlins discuss the impact of a new financial services regulator in Oman, detailing the changes and their potential effects on the industry.


IN-HOUSE PROFILE: ALL CHANGES

Suzi Duncan, Senior Legal Counsel for the GCC region at Novartis, shares her experiences working in a rapidly developing sector within fast-moving jurisdictions.


DISPUTE RESOLUTION FOCUS

Waleed Hamad, Head of Litigation, and Myriam Simon, Senior Counsel – Litigation at Al Aidarous, discuss lessons from a significant Federal and Local Judicial Principle Unification Authority ruling on the executive nature of unpaid cheques.


DISPUTE RESOLUTION FOCUS: STRIKING A BALANCE

Waleed Hamad and Myriam Simon of Al Aidarous examine the crucial role of banks in providing financial facilities while maintaining regulatory safeguards for the public interest.


MOVERS AND SHAKERS

Check out our latest round-up of the top movers and shakers from the world of legal appointments and promotions, brought to you by Jameson Legal. Who is been promoted, who is been appointed, and who is moving on?


CONTRACT WATCH: UNFORESEEN EMERGENCIES

Chatura Randeniya of Afridi & Angell offers insights on managing unforeseen emergencies in contractual agreements, providing practical advice for legal practitioners.


Thanks to Al Aidarous for keeping us updated on dispute resolution cases.

Lexis Middle East Law Alert_May/June 2024 Edition

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 2023
Lexis Middle East Law Alert March-April 2023
Lexis Middle East Law Alert_May June 2023

Lexis Middle East Law Alert_July August 2023

Lexis Middle East Law Alert_January-February 2024

TAX AND FINANCE ROUND-UP

An update on significant tax and finance developments across the region, including changes to the FMT procedure.


LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region, with a spotlight on the new jurisdictional conflict law in Dubai.


Want to receive more content? Subscribe to our newsletter here!

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

Kuwait: Approves Unrestricted Hiring of Overseas Workers News developments

Kuwait: Approves Unrestricted Hiring of Overseas Workers

  • 07/06/202407/06/2024
  • by Tanya Jain

Arab Times, 3 June 2024: The Public Authority for Manpower (PAM) has opened the door for the issuance of work permits by 100% for all companies.

With such a decision, employers can now bring workers from abroad according to the estimated numbers.

According to the decision issued by PAM, the fee specified for the issuance of a work permit is KD 150.

Through this decision, PAM has canceled the previous conditions that used to classify the companies into three groups.

The first group that was eligible to receive work permits for 100% of their estimated labour need.

The second group that could receive work permits for 50% of their need, and the third group that could obtain work permits for 25% of their need.

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

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

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

Lexis Middle East HR Alert – May 2024 Edition News developments

Lexis Middle East HR Alert – May 2024 Edition

  • 05/06/202405/06/2024
  • by Tanya Jain

Welcome to the May 2024 edition of Lexis Middle East – HR Alert!

Our complimentary publication is your go-to resource for staying informed on the latest Labour and Employment developments in the MENA region. In this edition, we provide a thorough overview of recent HR updates and key cases, alongside valuable insights into regional HR policies and laws. Stay empowered and well-informed with our meticulously curated content designed to keep you ahead in the evolving HR landscape.

This month, we explore how Saudi employers can utilise the Ajeer platform to manage temporary workers. Experts from Dentons and 11KBW discuss the legal risks of off-channel communications. We cover key regional developments, including DIFC immigration rule changes, and present survey findings on localisation trends in the GCC. Our law changes section highlights new insider trading rules from the Qatar Financial Markets Authority, and we analyse a significant case on freelance versus employee status. In our HR profile, Mpho Netshiombo from KPMG Bahrain discusses evolving recruitment strategies. Additionally, we review major HR moves across the region and provide practical advice on managing HR policies during adverse weather.

Stay informed with the latest insights and updates in this edition of Lexis Middle East HR Alert.

This edition features a diverse range of content, including:

Feature: Temporary Positions

Sara Khoja, Sarit Thomas, and Faisal Alassiri of Clyde & Co provide a comprehensive guide on leveraging the Ajeer Platform. They explain how this tool helps Saudi employers manage temporary workers more effectively and in compliance with regulations.


Trend Setter – Off-Channel Communications

Shiraz Sethi, Regional Head of Employment at Dentons, along with barristers Amy Rogers KC and Tom Ogg of 11KBW, discuss the increasing legal risks posed by off-channel social messaging. They offer insights into how employers can mitigate these risks.


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

Stay abreast of recent developments, including employment-related matters, highlighting notable changes in Kuwait’s approach to part-time working.


Immigration Focus: Survey – Localisation Trends

This section highlights the findings of a recent survey conducted by Vialto Partners and Lexis Middle East. It provides key insights into localisation policies and trends in the GCC.


Case Focus

An analysis of a pivotal case that addresses the distinctions between freelance and employee status, offering critical insights for HR professionals navigating these classifications.


Law Changes: New and Proposed MENA Laws

Highlighting significant legal modifications across the MENA region. Reeda Halawi of Sultan Al–Abdulla & Partners examines the new insider trading rules introduced by the Qatar Financial Markets Authority through Decision No. 2/2024, explaining their implications for businesses.


Case Focus

A specific case, Miskofi v Milbart, in the Dubai International Financial Centre (DIFC) Small Claims Tribunal is examined, showcasing how discrimination and victimisation cases are handled, recommended by Ayesha Karim.


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_May 2024

Have you read the Lexis® Middle East HR Alert – previous 2023 editions? Click the links below to access and read these editions.

LexisNexis Middle East HR Alert_January 2023
LexisNexis-Middle-East-HR-Alert_March-2023

LexisNexis Middle East HR Alert_May 2023 Edition
Lexis Middle East HR Alert – August 2023 Edition

Moves and Changes

A summary of significant HR movements and changes across the region, highlighting notable appointments and transitions within major organisations.


Policy Pointers: Adverse Weather

Sarah Malik from SOL International Ltd offers practical advice on managing HR policies related to adverse weather conditions. She emphasises the importance of preparedness and compliance to mitigate the impact on businesses.


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.


Kuwait: Proposed Amendments to Traffic Violation Fines News developments

Kuwait: Proposed Amendments to Traffic Violation Fines

  • 30/05/202430/05/2024
  • by Tanya Jain

Arab Times, 23 May 2024: The Kuwaiti Interior Ministry has introduced plans to impose harsher penalties for traffic violations to improve road safety and regulate reckless driving.

The proposed Traffic Law amendments to be approved soon include one to three years in jail or KD 1,000-3,000 fines for driving under the influence, three months jail or KD 300 fines for phone use while driving, three months jail or KD 500 fines for speeding, and two months jail or KD 200 fines for tinted window violations.

Additionally, other proposed amendments include KD 75 fines for leaving children or pets unattended in vehicles or allowing them to protrude from windows, KD 100-200 fines for allowing children under ten to sit in the front seat or not using child seats, KD 250-500 fines for failure to give way to emergency vehicles, and three months jail or KD 200-500 fines for running red lights.

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

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

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

Kuwait: Advertisement Regulations Amended News developments

Kuwait: Advertisement Regulations Amended

  • 23/05/202423/05/2024
  • by Tanya Jain

Alrai, 16 May 2024: The Public Works Minister and the State for Municipal Affairs Minister have issued a ministerial decision to amend advertisement regulations.

The regulatory amendments now include new fees for recent advertisements that previously did not have financial compensation as listed in the advertisements, with some provisions being amended.

The amendments involve the introduction of new fees, including a charge of 5 dinars per square meter per month for seasonal advertisements.

A fee of 75 dinars annually per square meter on animated electronic advertisements.

Additionally, 50 dinars annually per square meter on fixed and non-moving electronic commercial advertisements.

For the full story, click here.

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

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

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

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

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

  • 10/05/202410/05/2024
  • by Tanya Jain

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.

For the full story, click here.

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

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

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

Kuwait: Consultation on Draft Procurement Law News developments

Kuwait: Consultation on Draft Procurement Law

  • 03/05/202403/05/2024
  • by Tanya Jain

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.

for the full story, click here.

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

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

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

Kuwait: New Auditing Rules Approved News developments

Kuwait: New Auditing Rules Approved

  • 26/04/202426/04/2024
  • by Tanya Jain

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.

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

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

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

Lexis Middle East Law Alert: January/ February 2024 Edition News developments

Lexis Middle East Law Alert: January/ February 2024 Edition

  • 15/04/202415/04/2024
  • by Tanya Jain

Welcome to the March – April 2024 issue of Lexis Middle East Law Alert, where we shed light on the legal dynamics of the region through thorough analysis and expert perspectives. In this issue, we embark on a journey through the ever-changing landscape of law, uncovering significant developments, landmark cases, and emerging trends that shape the legal framework of the Middle East.

From the complexities of privatisation in Saudi Arabia to the evolving regulations in advertising across Kuwait, our features offer valuable insights into key sectors and legal domains. We delve into case studies, scrutinise legislative updates, and offer practical guidance from esteemed legal experts, equipping our readers with the knowledge to navigate the intricacies of today’s legal landscape.

FEATURE: THE PATH TO PRIVATISATION

Madawi Mohammed Alfawzan of Mohammed Alaqeel & Co Law Firm sheds light on the recently issued implementing regulations and guidelines of the Saudi Arabian Privatisation Law. Explore how these regulations are paving the way for a smoother journey towards privatisation.


FEATURE: FOCUS ON ADVERTISING

Noura Al-Yaqout of Al Yaqout and Al Fouzan Legal Group examines the impact of new advertising regulations in Kuwait. Discover the key changes and their implications for businesses in promoting their products.


FEATURE: CASE FOCUS

Delve into a case involving a letter of intent, unraveling the legal intricacies surrounding this crucial aspect of business agreements.


IN-HOUSE PROFILE

Meet Robin Singh, Head of Regulatory Affairs and Privacy at Abu Dhabi Health Services Company (SEHA), as he navigates uncharted waters in healthcare amidst advancing technology.


DISPUTE RESOLUTION FOCUS

  • Contractual Termination: Sadique Mohd and Gago Rigga of Al Aidarous provide insights into contract termination in construction contracts.
  • Arbitration Focus: Sadique Mohd and Safia Abdalla of Al Aidarous explore the pitfalls of construction arbitration.
  • ADGM Expansion: Waleed Hamad and Myriam Simon of Al Aidarous analyse the legal implications of the ADGM Court’s Jurisdictional expansion and coverage of Al Reem Island.

MOVERS AND SHAKERS

Check out our latest round-up of the top movers and shakers from the world of legal appointments and promotions, brought to you by Jameson Legal. Who is been promoted, who is been appointed, and who is moving on?


CONTRACT WATCH: ARBITRATION CLAUSES

Contributor Aiman A Khair, Legal Counsel at Qatar Stock Exchange, offers insights into derivative contracts in our Contract Watch segment.


Thanks to Jameson Legal for supporting individuals and businesses, and Al Aidarous for keeping us updated on dispute resolution cases.

Lexis Middle East Law Alert_March April 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 2023
Lexis Middle East Law Alert March-April 2023
Lexis Middle East Law Alert_May June 2023

Lexis Middle East Law Alert_July August 2023

Lexis Middle East Law Alert_January-February 2024

TAX AND FINANCE ROUND-UP

Get updated on the taxation of foreign banks in Dubai and other key developments in the region’s tax and finance landscape. We provide an in-depth analysis of the significant developments influencing the financial landscape in the Middle East.


LEGAL ROUND-UP

Stay informed with our legal round-up, providing a comprehensive overview of recent developments across the region. Stay informed with our comprehensive legal round-up, covering significant developments such as the DIFC Digital Assets Law.


Want to receive more content? Subscribe to our newsletter here!

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

Kuwait: Healthcare Professional Licence Requirements News developments

Kuwait: Healthcare Professional Licence Requirements

  • 04/04/202404/04/2024
  • by Tanya Jain

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.

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

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

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

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