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Lexis Middle East Law Alert: July – August 2023 Edition News developments

Lexis Middle East Law Alert: January/ February 2024 Edition

  • 24/01/202424/01/2024
  • by Tanya Jain

Welcome to the January – February 2024 issue of Lexis Middle East Law Alert, where we provide a comprehensive examination of the latest legal developments shaping the region. In this edition, we explore key changes in maritime law, tourism legislation, landmark legal cases, and various sectors, offering valuable insights from legal experts and practitioners.

Keep yourself informed about the most recent legal, financial, and fiscal advancements, as well as trending subjects in the MENA region.

FEATURE: NAVIGATING A SEA CHANGE

Discover the substantial changes set to unfold in the shipping and trade landscape in the UAE as we delve into the implications of the recently issued Maritime Code. Ince & Co Middle East experts Mohamed El Hawawy, Natalie Jensen, and Mahmoud El-Sayed guide us through the transformative impact expected in March 2024.


FEATURE: DIRECTION OF TRAVEL

Ahmed Al Barwani of Al Tamimi & Company sheds light on the recent legislative changes in Oman’s tourist law, offering a detailed exploration of the evolving landscape within the country’s tourism sector.


FEATURE: CASE FOCUS

Our case focus zooms in on the intriguing legal battle between AC Network Holding Limited & Others and Polymath Ekar SPV1 & Others. Delve into the details of the case and explore the jurisdiction, court, and recommendations by Faridah Sarah of Ingmiresy Limited.


PROFILE: FROM REGIONAL TO GLOBAL

Read about Bethan Onions, a Global Legal Operations Leader at Arup, as she shares insights
on switching to a global focus and navigating legal operations on a global scale.


DISPUTE RESOLUTION FOCUS – CREDITOR’S RIGHTS

Waleed Hamad of Al Aidarous explores practical strategies to safeguard creditor’s rights in the face of asset disposal challenges in our Dispute Resolution Focus.


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 Paul Taylor, Managing Partner at Eversheds Sutherland, discusses the common practice of using arbitration clauses in UAE construction contracts. Gain valuable insights into the pro-arbitration stance of UAE courts and the importance of clear and complete contractual dispute clauses.


LAW MONITOR

Explore the implications of a UAE Cabinet Decision on Real Beneficiary procedures in our Law Monitor section, offering a detailed analysis of the latest legal developments in the GCC.


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_January-February 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

TAX AND FINANCE ROUND-UP

Get updated on the latest in tax and finance with our round-up, including a spotlight on DIFC Crypto Tokens. 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. Highlighting changes in the ADGM jurisdiction, we ensure you are up to speed on the latest legal landscape.


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Saudi Arabia News developments

Saudi Arabia: Penalties for Violating Security Surveillance Cameras Law Clarified

  • 23/01/202423/01/2024
  • by Tanya Jain

Saudi Gazette, 22 January 2024: Saudi Arabia’s Interior Ministry has clarified the penalties which will be imposed on those who violate the Security Surveillance Cameras Law.

Offenders will be fined 20,000 Riyals if they transmit or publish recordings in violation of the Law or damage or sabotage security surveillance camera system devices or recordings.

They will be fined 10,000 Riyals if they install security surveillance cameras in places where their installation is banned.

They will be fined 5,000 Riyals if they fail to keep recordings according to the period stipulated in the terms and conditions documents.

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 News developments

Saudi Arabia: Dress Code Regulations Introduced for Health Ministry Medical Staff

  • 18/01/202418/01/2024
  • by Tanya Jain

Saudi Gazette, 16 January 2024: Saudi Arabia’s Health Ministry has announced it has introduced new dress code regulations for its medical staff. Under the regulations, employees must be well dressed. They must appear decent and be well-suited to public etiquette.

They should avoid wearing pyjamas and men should avoid wearing shorts. Inappropriate clothes with offensive connotations or drawings should not also be worn.

Strange hairstyles should be avoided as well and personal hygiene standards should be maintained.

Women should wear opaque head coverings and not wear tight, open, or short clothes.

They should also not wear chains or slogans or excessive makeup, manicures, nails, and perfumes.

Any coats they wear should be wide and come down to their knee.

Official work clothes should not be worn in public places during breaks or outside working hours.

In addition, clothing must be modest and non-transparent and must be worn during work hours.

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 News developments

Saudi Arabia: Unified E-code Service Launched

  • 17/01/202417/01/2024
  • by Tanya Jain

Saudi Gazette, 14 January 2024: The Saudi Business Centre has announced it has launched the first phase of a Unified Electronic Code service.

The data of commercial registrations will be linked with municipal licences, tax certificates and civil defence permits at the Unified Electronic Code.

The service has been launched to provide the latest and most reliable electronic data of establishments and address the issue of clutter caused by establishments having to display their primary data certificates at their premises and branches.

It also aims to reduce the time spent in control and inspection operations.

It has been launched together with the Commerce Ministry, the Municipal and Rural Affairs Ministry and the Housing Ministry, the Zakat, Tax and Customs Authority and the General Directorate of Civil Defence.

Subsequent phases will cover all operational data and licences.

Business owners will be able to access the Unified Electronic Code service via the platform of the Saudi Business Centre easily.

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.

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

Saudi Arabia News developments

Saudi Arabia: Implementing Regulations to Contractors Classification Law Amendments Approved

  • 12/01/202412/01/2024
  • by Tanya Jain

Saudi Gazette, 6 January 2024: Saudi Arabia’s Municipal, Rural Affairs and Housing Minister has approved amendments to the Implementing Regulations to the Contractors Classification Law.

Saudi Arabia Ministerial Decision No. 4500465523/1445 repeals and replaces Saudi Arabia Ministerial Decision No. 4300274450/1443.

Under Saudi Arabia Ministerial Decision No. 4500465523/1445, a classification certificate will be issued electronically and will be valid for two years.

Project owners will have to verify the authenticity of these certificates through the Ministry’s website.

Article 4 of Saudi Arabia Ministerial Decision No. 4500465523/1445 specifies the areas, activities and grades of classification will be determined, modified, and updated by a Ministerial Decision.

The classification will cover various sectors including construction and building, operations and maintenance services, telecommunications and information technology, nutrition and catering, exhibitions and conferences and real estate development.

These fields and activities will align with the National Guide for Economic Activities.

The contractors’ classification certificate will be issued for the relevant field and activity or fields and activities along with the deserved grade, based on available information, data, and the points achieved in the evaluation.

Contractors will have to maintain commercial books and documents that verify the accuracy of their balance sheets and profit and loss accounts for the latest year.

They will have to be certified by a licensed accountant and filed in the programme.

These records should be well-organised and in Arabic. Contractors operating in the Kingdom must adhere to the terms and conditions stipulated in the Commercial Books Law

Article 9 of Saudi Arabia Ministerial Decision No. 4500465523/1445 states that contractors wanting to reclassify can submit a request to the agency within 90 days before their current certificate expires.

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Saudi Arabia News developments

Saudi Arabia: Implementation of Electronic Family Protection System Project Ongoing

  • 21/12/202321/12/2023
  • by Tanya Jain

Twasul, 18 December 2023: The Undersecretary of the Human Resources and Social Development Ministry with responsibility for Rehabilitation and Social Guidance has confirmed the Ministry is continuing to implement the electronic family protection system project.

The aim of the project is to allow reports of domestic violence and child protection infringements to be submitted.

It is also aimed at allowing cases to be managed by analysing data.

It is being implemented to offer various measures to follow up on abused person cases. This includes organising six programmes to help rehabilitate them, integrate them into society and empower them socially and psychologically.

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 News developments

Saudi Arabia: Civil Transactions Law Now in Force

  • 19/12/202319/12/2023
  • by Tanya Jain

Saudi Gazette, 17 December 2023: The Bureau of Experts at Saudi Arabia’s Cabinet has announced Saudi Arabia Cabinet Decision No. 820/1444 (the Civil Transactions Law) has come into force at courts across the Kingdom.

It has done so 180 days after it was published in the Official Gazette on 19 June 2023.

The Law regulates the provisions of contracts and financial transactions between individuals.

It also governs all civil transactions, unless there is a special law that regulates special transactions.

It covers definitions of natural and legal persons, things, funds, types of right, use of right and obligations in terms of personal rights such as sources of obligation, effects of obligation, descriptions incidental to the obligation, transfer of obligation and expiration of obligation.

It also deals with contracts, including contracts relating to ownership, contracts relating to benefit, contracts relating to work, partnership contracts, and guarantee and insurance contracts.

It details original real property rights and accessory real property rights and clarifies the jurisprudential rules.

It regulates the provisions of contracts and financial transactions in public daily life, such as contracts for sale, rent, and partnerships and sets provisions for compensation for damage in the event of an act by a person causing harm to others, such as damage to property or harm to an individual.

It also specifies the rules for determining the amount of compensation an injured individual is entitled to and outlines the rules and provisions that guarantee creditors the fulfilment of their rights from debtors.

It also balances the interests of creditors and debtors, regulates ownership provisions and clarifies the restrictions that apply to ownership, such as restricting the right of a neighbour not to use their right in a way that harms their neighbour.

It has been issued to promote the stability of transactions, reduce the reasons for invalidating or terminating contracts and expand contractual freedom.

Also reported in Okaz on 17 December 2023. Click here to read more.

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 News developments

Saudi Arabia: E-payments in Public Benefit Markets Are Mandatory

  • 15/12/202315/12/2023
  • by Tanya Jain

Saudi Gazette, 11 December 2023: Saudi Arabia’s Environment, Water and Agriculture Ministry has announced it has issued guidelines to regulate the operation of public benefit markets and monitor the work of service providers.

Among other things, under the Agricultural Law using e-payments when buying and selling in public benefit markets is mandatory. The Saudisation rules also have to be complied with in line with government regulations. A licence has to be obtained from the Municipal, Rural Affairs and Housing Ministry as well.

In order to establish a new market in a city or governorate where there is an existing market, the new market has to demonstrate it has a comparative advantage over the existing market. The population in the area must also be proportionate to the number of markets wanting to establish in the city.

The capacity of the existing market must be insufficient to accommodate all activities as well.

When a new livestock market is being established, the fact they are outside the urban area must be taken into account.

When the market conforms to the previous standards, it is up to the Ministry to decide on the application.

An aerial photograph showing the location of the new market must also be attached to the application.

In addition, there are specific requirements for holding seasonal markets and auctions. These include that an entity that organises the market or auction bears all financial and organisational burdens. The seasonal market or auction must also not affect the movement and activity of the public goods market in the region.

All market stakeholders including wholesalers, retailers, distributors, service providers, cooperative societies and transporters have to register.

The relevant authority will determine the appropriate working days and hours for each market in the cities, governorates and their affiliated centres on regular and seasonal days such as Ramadan and Hajj.

A sign will also have to be placed clearly at the market entrances. This will have to indicate the operational days and hours as well as the days of the seasons, the name of the season and its start and end dates.

Agricultural product prices in the main markets in the Kingdom will be made through approved channels and platforms through the price controller assigned by the Environment, Water and Agriculture Ministry and its branches and offices.

Investors have to enter prices and quantity information through approved channels and platforms.

All market stakeholders have to place waste in designated places and waste containers and places exposed to pollution must be periodically cleaned and sterilised.

If the market is closed, air curtains will be put at the entrances. Insects, rodents, and stray animals will have to be controlled via mechanical and chemical methods and must not affect the safety of food products.

The Environment, Water and Agriculture Ministry will issue licences for shops, barns and stalls and permits for service providers and market workers affiliated with shops, firms and companies licensed to work in the market.

In terms of the transportation of agricultural products, quality and safety of agricultural products must be maintained.

Vehicle owners who fail to comply will be fined. Only healthy agricultural products should be permitted to enter and agricultural products which are unfit for human consumption should be destroyed.

Confiscated materials which are not fit for human consumption will be destroyed.

The Ministry will carry out periodic oversight of all stores, sheds, and barns on a daily basis and it is responsible for reporting visits and violations through approved channels.

Also reported in Al Riyadh on 10 December 2023. Click here to read more.

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Lexis Middle East Gulf Tax – Winter 2023 Edition News developments

Lexis Middle East Gulf Tax – Winter 2023 Edition

  • 11/12/202311/12/2023
  • by Tanya Jain

We are excited to introduce the newest edition of Lexis Middle East Gulf Tax. Our complimentary magazine provides valuable insights into the latest tax and financial developments throughout the region.

This issue covers a spectrum of critical topics reshaping the taxation landscape in the GCC region. It delves into the substantial impact of the OECD’s Subject to Tax Rules (STTR) on Gulf countries and examines the recent alterations in Saudi Arabia’s Real Estate Transaction Tax (RETT). The issue spotlights the new VAT reporting and documentary requirements affecting B2B local supplies of electronic devices in the UAE as of October 30, 2023.


FEATURE: CREATING A STTR

Anand Krishnan from KPMG Qatar delves into the implications of the OECD’s Subject to Tax Rules (STTR) within the GCC states. Exploring the impact of these rules on taxpayers in Gulf countries, this feature sheds light on how these regulations align with Pillar Two’s minimum income tax levels for multinational companies.


FEATURE: SHIFTING SANDS OF RETT

Deloitte Middle East experts, Michael Camburn, Manish Bansal, and Maliha Asghar, dissect the recent changes in Saudi Arabia’s Real Estate Transaction Tax (RETT). They discuss regulatory amendments, providing insights into key developments and potential future changes in this domain.


TAX NEWS ROUND-UP

Stay informed about the latest updates in tax treaties and regulations throughout the region.


WHAT’S CHANGED?

Focusing on the new VAT reporting and documentary requirements for B2B local supplies of electronic devices in the UAE effective from October 30, 2023.


PRACTICAL FOCUS: RELATED PARTIES AND CONNECTED PERSONS

Patryk Karczewski, Partner at Amereller offers practical insights into related parties and connected persons concerning taxation.


TAX PROFESSIONAL PROFILE:

Featuring John O’Leary, Group Head of Tax at Ghobash Group, discussing tax challenges within a diversified business strategy.


ANY QUESTIONS?

Mahmoud Abuwasel from Wasel & Wasel provides an analysis of the UAE Federal Supreme Court’s perspective on related company tax liabilities.


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Lexis Middle East Gulf Tax | Winter 2023

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 | Autumn 2023
Saudi Arabia News developments

Saudi Arabia: Zakat, Tax and Customs Authority Issues Final Tax Warning

  • 08/12/202308/12/2023
  • by Tanya Jain

Arabian Business, 3 December 2023: Saudi Arabia’s Zakat, Tax and Customs Authority has issued a tax warning about unpaid taxes.

The Authority had warned businesses to pay unpaid taxes before the end of the year or face being fined.

They have urged affected entities to take advantage of the Cancellation of Fines and Exemption of Financial Penalties Initiative, which ends on 31 December 2023.

Under the Initiative, taxpayers will be exempt from paying fines for late registration, delayed payments, overdue tax return filings, VAT return adjustments and violations of e-invoicing and general VAT provisions.

To be eligible for the Initiative, taxpayers must be registered, file all tax returns with the Authority and settle all outstanding tax returns.

Taxes owed may be paid in instalments if a request is submitted to the Authority by 31 December and outstanding amounts paid within the timeframe specified by the Authority.

Fines for tax evasion and fines paid before the effective date of the Initiative are not eligible.

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