Oman: Biometrics Law Regulations Issued

The Arabian Stories, 20 October 2024: Regulations on Oman Sultani Decree No. 21/2024 (the Biometrics Law) have been issued.

These regulations aim to provide a structured framework for the collection, analysis, and preservation of biometric data, including fingerprint and genetic information.

The regulation defines key terms related to the Biometrics Law and emphasise that the competent director is responsible for the overall supervision of the biometric database, ensuring that data is collected and updated according to legal provisions.

Article 3 (Chapter Two) states that it is not permissible to modify any of the database data, unless an error is proven in the recorded data, requiring written permission from the director and a detailed report justifying any changes.

On collection and analysis of biological samples, the regulation states that employees who are designated to carry out biometric work will collect biological reference samples, including saliva and blood, in line with scientific methods. Individuals can also voluntarily submit samples for genetic fingerprinting, which will be recorded in the database for legal purposes.

DNA analysis is permitted only in specific cases for example where there are judicial orders or where unidentified samples have been found at crime scenes. The regulations also mandate strict preservation protocols for biological samples, ensuring confidentiality and appropriate storage conditions.

Once the legally stipulated preservation period has elapsed, the competent administration must destroy the biological samples using secure methods.

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Oman: Ministry Issues Notice Regarding Lost Sea Passports

The Arabian Stories, 9 October 2024: The Transport, Communications and Information Technology Ministry in Oman has issued a crucial reminder for seafarers regarding the protocol for lost identity documents, specifically sea passports.

In the event of a lost sea passport, seafarers are urged to act swiftly.

The first step is to report the loss to the nearest Royal Oman Police station, providing full details of the missing document.

Following this, it is essential to notify the Transport, Communications, and Information Technology Ministry by visiting the General Directorate of Maritime Affairs at the Ministry’s General Diwan building.

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Oman: FSA Issues Regulation for Health Co-Insurance

Oman Observer, 8 October 2024: The Financial Services Authority has approved a regulation for co-insurance in the health insurance sector under the Oman Law No. 12/1979.

The regulation aims to increase retention ratios of insurance premiums within Oman and reduce the need for reinsurance abroad.

It allows insurance companies without health insurance licences to obtain co-insurance licences, enabling them to act as reinsurers for health insurance products.

This move aims to improve the retention of health insurance premiums within Oman.

The regulation was issued after considering recommendations from an actuarial study on health insurance prices, prepared in collaboration with an international consultancy firm.

The FSA aims to create specialised health insurance companies to provide better services to customers, as many companies currently reinsure health insurance policies with specific reinsurers outside Oman to avoid potential losses.

However, this practice reduces the retention ratios within Oman and deprives the national economy of fund circulation.

The retention ratio in health insurance was 79% in 2023.

Companies with co-insurance licences will not be allowed to sell health insurance policies but can participate with licensed health insurance companies in bearing part of the insurance risks and pay financial consideration, which is the principle of co-insurance.

The FSA has prepared a regulation for licensing health insurance co-insurance, including clauses on work mechanisms, limits of co-insurance risks among insurance companies, obligations related to issuing co-insurance policies, terms and conditions for policy administration, and administrative penalties for violations regarding co-insurance licensing directives in health insurance.

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Oman: Health Ministry Issues Circular on Maternity and Paternity Leave

The Arabian Stories, 2 October 2024: The circular directs health institutions, particularly those that provide services to pregnant women and childbirth, to streamline the process for workers across all sectors to obtain proof of their eligibility for maternity and paternity leave.

According to the provisions outlined in the circular, maternity leave allowance, effective from 19 July 2024, is granted for a period of 98 days, which is not limited to a specific number of births.

The law permits that up to 14 days of this leave can be taken before the expected delivery date.
Paternity leave is granted for a period of 7 days, provided that the child is born alive and the leave is taken within 98 days of the child’s birth.

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Oman: MOCIIP Issues Decision on Commercial Loans

Oman Observer, 29 September 2024: The Ministry of Commerce, Industry and Investment Promotion has issued a Ministerial Decision setting the return due for obtaining a commercial loan or debt at 6% unless a lower percentage is agreed upon.

The decision was made based on the Commercial Law and a letter from the Oman Chamber of Commerce and Industry, in response to public interest requirements.

The decision states that this percentage may be exceeded in exceptional cases, such as long-term loans, loans directed to projects contributing to economic development, or loans associated with a high degree of risk, in coordination with the Oman Chamber of Commerce and Industry.

However, this return does not apply to loans provided by banks, finance companies, and asset leasing companies licensed by Oman’s Central Bank.

The decision will be published in the Official Gazette and will be effective for one year from the date of its publication.

It comes within the framework of the government’s efforts to ensure the flexibility of finance for businesses while enhancing governance principles and regulating the investment environment in Oman.

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Oman: New Cloud Computing Services Regulatory Bylaw

Oman Daily, 29 September 2024: The bylaw regulating cloud computing services and data centres in Oman sets out the legal framework for licensing and operating such services, including requirements for applicants, fees, and classifications of service providers.

The bylaw mandates that applicants for a cloud computing service licence must be legal entities with commercial registers limited to telecommunications, information technology, or related services.

It outlines a licensing process with the Telecommunications Regulatory Authority and specifies fees ranging from 100 to 1000 Omani Rials.

The licence duration is three years, renewable unless the licensee requests cancellation.

The bylaw prohibits licensees from altering their legal form without prior approval and classifies service providers into categories such as main providers, aggregators, resellers, and agents.

It also establishes four levels of information security for subscriber content and imposes obligations on service providers regarding data protection, breach notification, and cross-border data transfers.

Administrative sanctions, including warnings, fines, and license cancellation, are prescribed for violations of the bylaw’s provisions.

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Oman: Plans for Zero Emissions in Energy Sector

Oman Daily Observer, 23 September 2024: The Omani Ministry of Energy and Minerals has announced its plans for the energy sector in the Sultanate.

These include the aim to reach zero omissions by 2050. The strategy covers areas including energy efficiency, carbon capture, transport and storage. It is based on five principals. These include the organised transition to decarbonisation, enhancing local capabilities for energy transformation and promoting a low-carbon economy.

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Oman: Passenger Rights Protection Decision Issued

Al-Roya, 8 September 2024: The Official Gazette has published Oman Decision No. 757/2024 issued by the Civil Aviation Authority to issue the Regulation for the Protection of Passenger Rights.

Under this regulation, passengers cannot request compensation if they are informed by the airline about the cancellation of the journey 14 days before the planned departure date.

Additionally, airlines shall be responsible for damages caused by changing the date of the planned journey earlier than planned when international flights are cancelled or destinations are changed within 14 days from the original date, and they must compensate the passenger.

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Oman: Reconciliation in Labour Violations Explained

Atheer, 5 September 2024: The Minister of Labour has issued the Ministerial Resolution “Rules for Reconciliation in Labor Law Crimes” which allows violators to request reconciliation on condition that they pay a quarter of the maximum fine within 15 days from the date on which the approval is given.

The resolution states that the deportation of a non-Omani worker in two cases: if he works in a profession designated for Omanis or entered the country illegally, and the employer bears the costs of deportation.

It also stipulates the necessity of reconciliation within seven days of recording the violation, with the possibility of extending the period once, and the violator is not exempted from correcting the violation within 30 days from the date of reconciliation.

Article 143 of Oman Sultani Decree No. 53/2023 states that if an employer or representative fails to provide necessary facilities, or data, or provides incorrect information, they shall be punished with imprisonment from 10 days to 1 month, or get a fine of 1,000 to 2,000 Omani riyals, or both.

However, reconciliation is possible by paying a quarter of the maximum fine (500 Omani riyals) within 15 days of approval.

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