Pre-requisites

Before exploring the paths through which nationality can be obtained, it is important to note that the law in Oman does not generally permit a person to hold Omani nationality except by a specific royal decree permitting this. The law does not provide any details on the grounds for obtaining this royal exception, but this appears to be an extremely rare thing to obtain as only 18 number of people were allowed to simultaneously hold Omani with another one in the last 20 years.

Moreover, all applications to acquire Omani nationality must be submitted to the Ministry of Interior, which reviews and decides on them in accordance with the legal procedures and controls. Unlike most other government decisions, the decisions of the Ministry of Interior in this area are not subject to challenge through the administrative judiciary.

Nationality by Origin

Omani nationality can be acquired by origin, which is the most common and easiest way of getting a nationality. Whoever is born by an Omani father, be it in Oman or abroad, is deemed an Omani by origin.

The law states that those born by an Omani father and a non-Omani mother are deemed Omani by origin on the condition that the marriage has been approved by the Ministry of Interior. However, after the issuance of the Royal Decree 23/2023 regarding the Marriage of Omanis to Foreigners which removed the requirements to obtain government approval to permit an Omani to get married to a non-Omani, it is assumed that this requirement for the approval is no longer required for the Omani father to pass nationality to his children.

Moreover, whoever is born in Oman to unknown parents or born to an Omani Mother (in Oman or abroad) and his lineage to his father cannot be legitimately proven is deemed an Omani by origin and qualifies for obtaining Omani nationality.

Nationality by Reinstatement

Omanis who lose their nationality by renouncing it may obtain their Omani nationality again by reinstatement. This process requires the person to make an application and to meet several conditions, such as that he is of good behaviour and conduct, is habitual residence is in Oman or has returned to it, and declares in writing his desire to settle in it, and that he is free of communicable diseases.

Nationality by Grant

It is also possible for foreigners to obtain Omani nationality by submitting an application to the Ministry of Interior. The criteria for obtaining nationality here depend on whether the person is a foreigner, a foreign wife of an Omani person, a foreign widow or divorcee of an Omani, or a minor child of an Omani woman from her foreign husband.

For a foreigner who does not meet any of the other conditions, they are required to prove legitimate continuous residency in Oman for a period no less than 20 years (or 15 years if he is a man married to an Omani woman), they must be fluent in Arabic, and they must have a legitimate source of income to meet his needs and other conditions.

For a wife of an Omani, she must have a child from that husband, must speak Arabic, and must be married to him for a period no less than 10 years.

For a widow or divorcee of an Omani, she must also have a child from that husband, must not be married to a non-Omani, must speak Arabic, and must be resident in Oman for a continuous period of 15 years.

For a minor child of an Omani woman from a non-Omani husband, there are a different set of conditions including that the mother is widowed or divorced and that the child has lived in Oman for a period no less than 10 continuous years.

It is worth noting that meeting the prescribed criteria does not mean the automatic approval to obtain the nationality, as the Ministry of Interior would have decide on each case on its own. It is also worth noting that in all cases, it is possible to acquire an exemption by virtue of royal decree to obtain Omani nationality without complying with all the nationality criteria set by this law.

The Omani Nationality Law is a very interesting piece of legislation to read. You can read it in full in English on the link below:

Written by:

Amjad Al-Yahya’ei

Amjad is a legal intern at Decree. He has previously interned in an investment company and in the public utilities sector. He is interested in corporate law, investment law, and dispute resolution. He holds an LLB from the University of Liverpool.

Both regulations are based on the International Ship and Port Facility Security Code (ISPS Code), which Oman ratified by Royal Decree 63/2004. The new regulation comprehensively updates the governance of ship and port facility security. For example, it incorporates a new structure for port facility security verification, introduces new obligations for different stakeholders, establishes a new framework to license private companies to carry out certain tasks related to ship and port facility security including ship security verification, and imposes administrative fines that the MTCIT can impose if the regulation is not complied with.

You can read the decision in full in English on the link below:

The Wage Protection System is a framework created by the MOL that makes it a legal requirement for all employers in Oman to transfer the salaries of their workers using a specific electronic system through banks and other financial institutions licensed by the Central Bank of Oman. The objective of this system is to ensure that the salaries of workers are paid on time and that there is an electronic record of the transfer of the salaries.

Key changes in the new system include reducing the timeframe for transferring the wages of workers from 7 days to 3 days and introducing new grounds for the exemption from using the wage protection system such as situations where a worker is suspended from work for a reason not attributable to the employer for a period exceeding 30 days.

The new Wage Protection System has already entered into force. You can read it in full in English on the link below:

While the exact provisions can vary, most BITs share several common elements, including the duty to offer foreign investors treatment that is not less favourable than the treatment offered to national investors or investors from other states (national treatment and most-favoured-nation treatment), offer investors fair and equitable treatment, protect their investments against expropriation, and give investors the right to use several dispute resolution mechanisms.

National Treatment and Most-Favoured-Nation Treatment

A key provision in BITs is that the state has a duty to treat foreign investors and their investments at a standard that is not less favourable than the treatment it offers its own national investors or the investors of any other state. This concept has a wide scope and can relate to matters such as legal protections and access to markets in a manner that prevents discriminatory practices that target foreign businesses, including the payment of taxes. The objective of this clause is to create a level playing field and promote fair competition.

Protection Against Expropriation

Expropriation relates to the confiscation by the government of the private property of others. BITs typically include provisions to protect investors from unlawful expropriation of their investment by the government and set conditions for permitting expropriation if it is done for a public purpose, is non-discriminatory, and adheres to due process. Additionally, any expropriation must be followed by prompt, adequate, and effective compensation. In addition to this being translated in article 24 of the Foreign Capital Investment Law, Oman has a comprehensive framework for this in the Law on the Expropriation for Public Benefit.

Dispute Settlement Mechanism

The most critical feature of a BIT is the dispute settlement mechanism that allows an investor to enforce their rights against the host country if the country fails to meet its obligations under the treaty. A standard BIT would allow the investor to make a claim at their choice of venue, including making a claim through an arbitration process before the International Centre for Settlement of Investment Disputes (ICSID).

Conclusion

BITs provide a powerful mechanism for protecting and enforcing the rights of foreign investors. Oman traditionally used to sign these treaties frequently with other states, but the number of new treaties has been declining with the most recent one being Oman-Hungary BIT which was ratified in 2022.

Written by:

Amjad Al-Yahya’ei

Amjad is a legal intern at Decree. He has previously interned in an investment company and in the public utilities sector. He is interested in corporate law, investment law, and dispute resolution. He holds an LLB from the University of Liverpool.

The Oman Net Zero Centre will not be an independent government entity, but a department in the MEM at the level of a directorate general. The decision details the mandates of Oman Net Zero Centre which include preparing and updating the national plan for transition to net zero, providing support and advice to relevant entities and institutions with the aim of achieving net zero targets, preparing the national plan to enhance energy consumption efficiency, approving and registration application for trading in carbon credits, among other functions.

You can read this MEM decision in full in English on the link below:

While the actual Law on the Management of Pastures and Livestock included criminal fines for those who violate the law, the original Executive Regulation of the Law on the Management of Pastures and Livestock of 2005 did not grant the ministry the power to issue smaller administrative fines to hold those who commit small offences accountable for their violations. The new amendment changes this by giving this power to the MAFWR by allowing it to impose administrative penalties, such as issuing a warning, ordering the removal of the violation, or cancelling the licence if a licensee violates any of the provisions of the regulation. The new amendment also gives the ministry the power to impose a fine not exceeding 2,000 Rial Omani for each violation with the opportunity to double this fine if the violation is repeated.

You can read this regulation in full in English on the link below: