His Majesty issued earlier this week a royal decree promulgating a new Media Law that overhauls the legal framework for the dissemination of media through all mediums including newspapers, radio and TV channels, cinemas, and physical artwork and medium, setting unified rules for all forms of media irrespective of the platform.
The Ministry of Social Development published in this week’s issue of the Official Gazette a new Governance Regulation for Elderly Day Care Centres which provides the legal framework for establishing and operating a day care centre for the elderly.
According to the new regulation, a person wishing to establish a day care centre for the elderly must obtain a licence from the MOSD. Applicants for this licence can be natural persons, companies, or civil associations. Applicants are required to provide a bank guarantee of 3,000 Rial Omani when submitting their applications except for civil associations.
The regulation sets the obligations of the licensee to include preparing internal regulations of the day care centre and appointing a Omani person as the manager of the centre.
You can read this regulation in full in English on the link below:
His Majesty issued yesterday a new law called the National Records Law that requires all government entities, government-owned companies, and certain private companies to directly integrate with Royal Oman Police to store the data that ROP deems required to maintain a newly created national records database. If an entity is not able to directly integrate with ROP to electronically provide the data that ROP requests, the entity is required to provide the data to ROP using traditional means. In both cases, it is not permitted to require ROP to pay any fees for the cost of integration or transfer of the requested data.
Decree Monthly Digest is a summary of the most significant updates on Decree in the previous month.
Royal Decrees
Ten royal decrees were issued this month with the most significant ones promulgating the Advocacy and Legal Consultancy Law, the Law Regulating Wildlife Trade, and the Bank Deposit Protection Law. There were also royal decrees that ratified international agreements such as the agreement on the headquarters of different GCC entities, the agreement to amend the protocol attached to the agreement between Oman and the IAEA for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, and the Oman-Uzbekistan Mutual Visa Exemption for Diplomatic, Special, and Service Passports agreement. The remaining Royal Decrees granted Omani Nationality, reinstated Omani Nationality, appointed to some positions, and approved a petroleum agreement.
Ministerial Decisions
Fourteen ministerial decisions were published in the Official Gazette this month, with the most significant being MOL’s decisions regarding the System of Complaints and Grievances, Issuing the Form and Rules of the Regulation for Penalties for Private Sector Workers and the Conditions for Imposing Them, and Issuing the Guidance Form for the Regulation of the Work System in Private Sector Establishments; TRA’s decision Issuing the Executive Regulation of the Law Regulating Postal Services; and ROP’s decision Issuing the Executive Regulation of the Biometrics Law. Other important sector-specific decisions were issued, such as FSA’s decision Issuing the Regulation Governing the Activity of Participating in Health Insurance. There were two decisions issued by MAFW, Banning the Import of Certain Species of Mollusks from Northland Region in New Zealand and Banning the Import of Certain Species of Fish from Cluj County in the Republic of Romania. SPF also issued two decisions, one regarding the Rules for the Purchase of Nominal Service Periods and the other Amending Some Provisions of the Executive Regulation of the Social Protection Law
Blog Updates
Our blog featured an article by Riyadh Al-Balushi titled “New Omani Advocacy and Legal Consultancy Law Issued“, an article by Abdulrahman Al-Farsi titled: “Company Forms: Oman vs UK“, and a Law Updates titled: “MOL Introduces System for Grievances and Complaints” and “The New Law Regulating Wildlife Trade“.
The New Law Regulating Wildlife Trade
Earlier this month, the new Law Regulating Wildlife Trade was promulgated by His Majesty. This is a brand new law that complements other laws for protecting wildlife, such as the Nature Reserves and Wildlife Conservation Law of 2003 and the Nature Reserves and Wildlife Conservation Law of 2003.
Earlier this week, the Ministry of Labour issued in the Official Gazette Ministerial Decision 617/2024 regarding the System of Complaints and Grievances, which is a brand new system under the Labour Law in Oman that applies to any company in Oman that has 50 employees or more. The system requires the company to have a system in place for allowing employees to challenge any decision made against them by submitting a complaint to their line manager, who must respond to this complaint within 2 working days. If the employee does not receive a response from his line manager, or if the response he receives is a rejection of this complaint, the employee has the right to submit a complaint to the actual employer, who must respond to this complaint within 5 working days.
Company Forms: Oman vs UK
One of the most important aspects of doing business in any country is the choice of the legal form used for the business. Company legal forms across legal systems are frequently similar, but there can be significant differences in the precise definitions and categorisations of different company forms. These differences have practical implications in regard to matters such as limited liability, minimum number of shares, and others.
As an Omani law student in the UK, I wrote this blog post to examine the key differences between Omani and UK company legal forms.
The new Omani Advocacy and Legal Consultancy Law was promulgated two days ago, and it introduces major changes to the regulation of the legal profession in Oman. The new law requires advocates to pass written exams to qualify to appear before the different levels of Omani courts, and permits international law firms to open legal consultancy offices in Oman without a local Omani partner, among many other significant changes. This new law will enter into force after six months.
Decree Monthly Digest is a summary of the most significant updates on Decree in the previous month.
Intel Update: September 2024
Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.
New Content
Small and Medium Enterprises Development Authority: The Small and Medium Enterprises Development Authority (الهيئة العامة لتنمية المؤسسات الصغيرة والمتوسطة) is the entity responsible for promoting and supporting the growth of small and medium-sized enterprises as well as craft industries.
Overview of Alternative Dispute Resolution: This document provides an overview of the key legislation relating to alternative dispute resolution in Oman.
Case Summary: Supreme Court (Criminal Circuit): Contestation 210/2017 (Reliability of Translation Used in Trial): The Supreme Court held that the issue of the reliability of a translation accepted by the Court of Appeal in the procedures of the trial is a substantive matter that cannot be contested before the Supreme Court.
Case Summary: Supreme Court (Labour Circuit) Contestation: 210/2017 (Consequences of Delaying Employee Disciplinary Measure): The Supreme Court held that the failure of the employer to impose a disciplinary punishment against an employee after the expiry of the deadlines stipulated by the Labour Law rendered the action taken by the employer against the violating employee illegal.