Riyadh Al-Balushi – Decree Blog https://blog.decree.om Thu, 20 Mar 2025 04:48:41 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.2 https://i0.wp.com/blog.decree.om/wp-content/uploads/2021/12/favicon-decree.png?fit=32%2C32&ssl=1 Riyadh Al-Balushi – Decree Blog https://blog.decree.om 32 32 197035704 Decree Search Goes Advanced https://blog.decree.om/2025/decree-search-goes-advanced/ Thu, 20 Mar 2025 04:47:35 +0000 https://blog.decree.om/?p=2964 We are adding a new search engine for Decree with Advanced Search options such as search in title only, exact phrase, date range, and the option to select a mix of legislation types and legislation issuers to filter the results.

Our extremely fast original search engine will remain the primary search engine associated with our search button, and those wishing to utilise the new advanced search options will be able to quickly access the new search form from the search side bar.

We have built this new search form with power users in mind who need to conduct a thorough research of our database. If you would like to see additional options and filters added to the new search form, feel free to get in touch with us.

Advanced Search is available to all Decree members.

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Introducing: Decree Alerts Chrome Extension https://blog.decree.om/2025/introducing-decree-alerts-chrome-extension/ Wed, 12 Mar 2025 05:21:50 +0000 https://blog.decree.om/?p=2940 Today we are launching Decree Alerts, a free Chrome extension that provides users with alerts on new items published on Decree along with the ability to quickly search Decree directly from within the extension.

You can download the Decree Alerts extension from the Chrome Web Store:

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MSX Disclosures on Decree Risk https://blog.decree.om/2025/msx-disclosures-on-decree-risk/ Thu, 06 Mar 2025 05:20:12 +0000 https://blog.decree.om/?p=2929 We are announcing today the addition of Muscat Stock Exchange Disclosures to Decree Risk, which makes it possible to search for the contents of these disclosures, receive email alerts for disclosures made by companies tracked using Risk Watchlist, and subscribe to a new MSX Digest daily newsletter.

Decree Risk used to cover risk incidents relating to liquidations, capital reduction, legal form transformation, and other risk incidents announced in the Official Gazette and daily newspapers. We are expanding the scope of Decree Risk by adding details on disclosures made by companies listed on the Muscat Stock Exchange. Our database populates new disclosures within minutes of their release on the MSX and lets users search the full content of the PDF file of the disclosure, which can be extremely useful for any person doing due diligence research on a company.

Adding MSX Disclosures to Decree Risk means that you can also track these disclosures using Risk Watchlist to receive immediate email alerts for specific companies you want to monitor. We also have a new Watchlist Assistant to help you quickly track some of the most popular companies on the MSX such as Abraj, Bank Muscat, Omantel, Ooredoo, OQGN, and many more.

For those who do not need to have individual emails for each disclosure made by a company they follow, it is also possible to subscribe to a new MSX Daily Digest newsletter to see a list of all the disclosures made the day before along with any circulars or decisions published by the MSX.

Outside Decree Risk, we now also include decisions and circulars issued by Muscat Stock Exchange as part of Decree Legislation, which means that you can find items such as MSX’s Dividend Distribution Policy Guidelines for Listed Companies on Decree.

Decree Risk is available through a bundle subscription to Decree. Certain qualifying users will have it for free until the end of their current contracts.

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New Omani Nationality Law Issued https://blog.decree.om/2025/new-omani-nationality-law-issued/ Sun, 09 Feb 2025 07:07:12 +0000 https://blog.decree.om/?p=2852 The new Omani Nationality Law was published in this week’s issue of the Official Gazette which repeals the Omani Nationality Law of 2014 and lowers the requirements for obtaining Omani nationality.

The Government of the Sultanate of Oman is routinely criticised by the international community for discriminating between the treatment of Omani men and women as the law deprives Omani women of the ability to transmit nationality to their children if they marry to a foreigner. Unfortunately, the new law does not change this key principle for the transmission of Omani nationality only through the father, but it lowers the requirements for obtaining Omani nationality for all paths to nationality and creates a new quicker path for a foreign husband of an Omani woman to obtain Omani nationality.

Generally speaking, the Omani Nationality Law of 2025 retains the same structure and approach of the Omani Nationality Law of 2014 as it requires nationality to be granted by royal decree through an application made to the Ministry of Interior, and decisions made in this regard are not subject to review by any of the courts. The law also retains the same principle that dual nationality cannot be granted except as an exception by royal decree and does not provide any clarifications for the cases in which this exception would be granted.

The law retains the distinction between a holder of Omani nationality by origin and a person granted Omani nationality, which makes a difference in regard to cases in which Omani nationality can be revoked. Under the law of 2014, any person born to an Omani father is automatically deemed Omani by origin. The new Omani Nationality Law of 2025 makes the standard for being considered Omani by origin higher by giving it to third generation descendants of a nationalised Omani after these grandchildren reach the age of 50.

Other than the higher standard for who is considered an Omani by origin, the requirements for obtaining Omani nationality have been reduced as follows:

Path to NationalityGeneral RequirementsPrevious Residency Period RequirementNew Residency Period Requirement
NaturalisationSpeaks and writes Arabic, not convicted in a felony, has a source of income, renounces other nationality, etc.20 years of continuous residence.15 years of continuous residence.
Foreign husband of an Omani womanSame requirements as naturalisation + must have a child from Omani wife.This is a new path to nationality.10 years of continuous residence after marriage.
Foreign wife of an Omani manSpeaks Arabic, renounces other nationality + must have a child from Omani husband.10 years of continuous residence after marriage.8 years of continuous residence after marriage.
Foreign widow of an Omani manSame conditions as foreign wife + must not be married to a non-Omani + must have a child from Omani husband.15 years of continuous residence.6 years of continuous residence after widowhood.
Foreign divorcee of an Omani manSomewhat similar conditions as foreign widow + must have a child from Omani husband.15 years of continuous residence.8 years of continuous residence after marriage.
Minor child of an Omani womanOmani woman must be widowed or divorced from the foreign father of her minor child.10 years of continuous residence of the minor child.5 years of continuous residence of the minor child.

The meaning of continuous residence for all paths to nationality has also been loosened as the previous law considered being out of the country for more than 60 days in a year a violation of the continuous residence requirements. This period has now been extended to 90 days.

The law also has other provisions determining the treatment of foreign husbands and wives of Omanis who divorce their Omani partners after obtaining nationality, a new ground for revoking nationality from Omanis by origin for insulting the person of the Sultan, and other provisions.

You can read the new Omani Nationality Law in full in English on the link below:

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Intel Update: December 2024 https://blog.decree.om/2024/intel-update-december-2024/ Wed, 25 Dec 2024 09:35:12 +0000 https://blog.decree.om/?p=2654 Decree Intel is a database of original Omani legal research material that provides explanatory notesoverviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

Case Summary: Supreme Court (Civil Circuit) 293/2016 (Characteristics of Adhesion Contracts): In a dispute between a bank and a corporate client, the Supreme Court held that the standard terms and conditions of the contract signed between a bank and this corporate client do not fulfil the characteristics of an adhesion contract, and therefore these terms and conditions cannot be set aside on this ground.

Case Summary: Supreme Court (Civil Circuit) 64/2016 (Objection to Court Jurisdiction Over Dispute Subject to Arbitration Clause): In a contractual dispute over rent payments, the Supreme Court held that the Court of Appeal in Sohar cannot, at its own initiative, set aside the judgment of the Primary Court in Suwaiq on the basis that the court has no jurisdiction due to the existence of an arbitration clause in the contract if none of the parties to the dispute raised this as a defence.

The Ministry of Information: This is the entity responsible for disseminating information about the Sultanate of Oman and regulating media in the country.

The Ministry of Economy: This is the entity responsible for formulating the macro-economic policy of the state, approving the annual development budget of the government, and approving projects for the five-year plans of the government.

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New Public Noise Control Regulation https://blog.decree.om/2024/new-public-noise-control-regulation/ Sun, 22 Dec 2024 10:33:00 +0000 https://blog.decree.om/?p=2625 The Environment Authority published in this week’s issue of the Official Gazette a new Regulation for Noise Control in the Public Environment that replaces an old regulation on the same topic from 1994.

The new regulation completely overhauls the framework for controlling noise generated by business operations in public places (such as construction, mining, and airports), creates a classification for noise levels for daytime vs nighttime without reference to working days and holidays, introduces new duties on project owners to take noise measures and carry out noise modelling as part of environmental impact studies, and sets new administrative penalties of up to 500 rials for those who violate the regulation.

It is worth noting that this regulation repeals the old Regulation on Noise Control in the Public Environment of 1994, but does not repeal the Regulation on Noise Control in the Work Environment of 1994, which continues to remain in force.

The new Regulation for Noise Control in the Public Environment enters into force tomorrow. You can read it in full in English on the link below:

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New System for Signing Omani Government Contracts https://blog.decree.om/2024/new-omani-system-for-signing-government-contracts-and-financial-commitments/ Sun, 24 Nov 2024 10:51:31 +0000 https://blog.decree.om/?p=2490 A royal decree was issued last week promulgating a new System of Signing Contracts and Financial Commitments of the State that repeals Royal Decree 48/76 regarding the Signing of Foreign and Domestic Financial Transactions and sets new formalities for signing government contracts.

The new System of Signing Contracts and Financial Commitments of the State sets the formalities by which a government entity can sign a contract or any financial commitment with a foreign government, an international organisation, or a private natural or legal person in Oman or abroad. This new system simplifies the process of signing government contracts as it removes the requirements previously set by Royal Decree 48/76 to have any contract worth more than 500,000 Rial Omani signed by the Ministry of Finance in addition to the ministry responsible for the contract. The signature of the Ministry of Finance is now only required in regard to the signing of government bonds, government guarantees, and investment projects relating to the economic development of the state outside OIA investments.

The new system also codifies some existing practices that were not previously governed by any specific legal text, such as those relating to the issuance of government guarantees. Chapter Three of the system sets the general rules that government guarantees must comply with, imposes an explicit requirement to have such guarantees reviewed by the MJLA, and specifies that the Ministry of Finance has the authority to issue a decision governing the conditions of government guarantees.

Contractors signing contracts with proper government ministries subject to the provision of this system must ensure that the government entities they sign their contracts with comply with the provisions of this system as article 6 of the system stipulates that any contract that does not comply with the provisions of the system will not be enforceable against the government. Article 6 appears to put an unreasonable level of risk on contractors as it also stipulates that a contract will only be enforceable against the government if financial allocations are available for the project in question, which is an internal matter for the government that contractors would not have the ability to verify. However, confusingly enough, article 11 of the system stipulates that signing a government contract in accordance with the provisions of this system is deemed a confirmation that financial allocations are present.

This new system does not apply to government-owned companies, investments made by the OIA, contracts signed by military or security agencies or CBO, contracts signed by public establishments that are not financed or guaranteed by the state, or contracts signed directly by His Majesty or by his written authorisation.

The System of Signing Contracts and Financial Commitments of the State will enter into force after 30 days. You can read it in full in English on the link below:

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New Omani Media Law Issued https://blog.decree.om/2024/new-omani-media-law/ Wed, 13 Nov 2024 05:22:07 +0000 https://blog.decree.om/?p=2476 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.

Oman historically had three laws governing media: The Printed Material and Publishing Law of 1984, the Law on the Censorship of Artistic Works of 1997, and the Law of Private Radio and Television Establishments of 2004 Each one of these laws was a standalone legal framework for regulating newspapers, books, and other printed materials; for regulating audio, visual, and audiovisual works such as paintings and films; and for regulating radio and tv stations. These laws established content standards and prohibitions that differ from each other, which made sense at the time due to the clear distinction between printed material and audio and visual works, but did not make sense in the age of the internet where it becomes difficult to separate written content from audiovisual content.

The new law repeals all of the previously mentioned laws and applies the same rules to all media activities carried out in the state. It also sets the controls for practising media activities, determines the rights and obligations of media professionals, and provides specific provisions for the right of reply and correction.

However, the basic framework through which those operating in the media industry work remains the same as the old system. It is still required to obtain a licence from the Ministry of Information to carry out any media activity, including the operation of a news account on social media, it is still required to obtain the approval of the Ministry of Information before importing any audiovisual work into the country, and it is required to deposit a copy of any printed material (outside periodic publications) with the Ministry of Information, even though the details for this last item will be detailed in full in the regulation.

In regard to substantive changes to the old law, the most problematic aspect of these old laws, and in particular the Printed Material and Publishing Law of 1984, was the wide scale of the content prohibitions imposed by these laws, such as the prohibition of publishing any content contrary to public morals, violates Omani traditions and customs, prejudices the Sultan or members of the royal family, harm the national currency, or questions the market or the economic situation of the country, along with other widely worded non-defined concepts. Many people believe these provisions have directly contributed to the culture of self-censorship in the Omani press. Futhermore, the international community has recommended to the Omani government, through the Universal Periodic Review process and others, that these provisions must be revised to align Omani laws with the international standards for freedom of expression.

The new law removed almost all the prohibitions that were provided in the Printed Material and Publications Law such as those relating to content that prejudices the Sultan, the currency, the economy, etc. The law now only provides a very small list of prohibited content in article 4 that relates to publishing advertisements that are contrary to public morals or mislead the public, reports on investigations and trials, and matters specifically prohibited by orders by the Ministry of Information. The ministry can in theory use this last item as a ground to prohibit anything it wishes to prohibit, but such a decision can in theory be challenged in the courts.

There is no doubt that repealing these prohibitions is a positive move for freedom of expression, but it also must be acknowledged that many of these prohibitions were transplanted in recent years into other laws. The most obvious of these laws is the Telecommunications Law which makes it a crime punishable with imprisonment for up to one year for anyone who uses any means of communication to send a message contrary to public order or public morals, which can be an easy law to use to hold a journalist criminally liable for information they publish on an internet website.

It is also worth noting that in regard to the reporting of investigations and trials the new Media Law introduces more stringent restrictions than the previous law, which used to be limited to personal status cases (due to their sensitive and personal nature), but now is a complete prohibition on reporting on any investigation or court trial irrespective of the subject, which clearly goes against the principle of open justice recognised by article 80 of the Basic Statute of the State.

The law also introduces new restrictions on the ability of media companies to receive funds from third parties under article 5 of the new law and restrictions under article 23 of the new law on the ability of media professionals to obtain money from personal media-related activities (for example, obtaining sponsorship payments for their personal social media activities) without first obtaining the approval of their employer.

These are merely some of the new changes in the new law, and there are many other substantive changes, including an obligation on all media companies to publish any official statements requested by the government, an obligation on government entities to comply with the law and notify the Ministry of Information of the details of employees carrying out media related activities, new restrictions on the ability of the Ministry of Information to suspend licences for more than 7 days without a court order, and many more.

The new Media Law enters into force on Monday next week. You can read it in full in English on the link below:

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New Data Sharing Requirements Under the National Records Law https://blog.decree.om/2024/new-data-sharing-requirements-under-the-national-records-law/ Mon, 04 Nov 2024 11:35:59 +0000 https://blog.decree.om/?p=2439 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.

The new National Records Law creates a digital database for national records hosted in a new centre called the National Records Centre based in Royal Oman Polic that is given the power to demand that any (1) government entity, (2) government-owned company with 40% government shareholding or more, or (3) private company given a concession or a licence to exploit a natural resource or a manage public utility integrates with ROP to provide its data directly electronically or to supply the data required by ROP using a traditional form.

The law requires entities falling within its mandate to provide ROP with details of all the data they produce or possess, notify ROP of any change they make in their systems, and assign a focal point responsible for ensuring the proper implementation of the law.

The law appears to suggest that government entities will have the ability to integrate with the national records database to use the data of this database in the delivery of their own public services. Article 13 of the law provides an illustrative list of the cases in which ROP can refuse requests from government entities to pull data from the database.

This new legislation is an actual law promulgated by royal decree, not a policy, a circular, or even a regulation. However, failure to comply with the law is punishable by a fine up to 500 Rials only.

In essence, this law creates a base registry for government information that government entities should use to deliver their services. If this law actually works, a government entity would not have to request a user of any of its services to provide a piece of information that is already in the possession of another government entity. The justification for giving this mandate to ROP and not another entity is probably the fact that ROP is the de facto owner of the current national base registry, which is the civil status database that has all the details of national identity cards, residence cards, and passports.

However, this database goes beyond being merely a base registry for the personal information of individuals, as the law requires government-owned companies and private companies with concessions and public utility licences to also integrate with ROP, suggesting that the database might be used to collect all information collected by these entities. This puts into question the role of the National Centre for Statistics and Information as well as the role of the National Records and Archives Authority into question, especially since this law does not clarify their relationships with the new database, which is peculiar given that both of these entities also have a somewhat similar scope to demand records and data from government entities, government-owned companies, and certain private companies.

The new National Records Law enters into force next week. You can read it in full in English on the link below:

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New Omani Advocacy and Legal Consultancy Law Issued https://blog.decree.om/2024/new-omani-advocacy-and-legal-consultancy-law/ Sat, 05 Oct 2024 06:41:20 +0000 https://blog.decree.om/?p=2346 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.

Long Due Reform

Oman’s first ever Advocacy Law was issued in 1996, and since then, this law had very few amendments made to it, with the most recent of these amendments being more than 16 years ago. The law badly was due for an overhaul with the main apparent drivers of the reform being the desire to improve the quality of Omani advocates.

The previous system for qualifying as a lawyer in Oman was an apprenticeship system where a law graduate was merely required to register in any law firm for a period of two years, and then submit evidence of court submission he worked on to the government to be registered as a primary court lawyer. This practice has been very problematic as it was not uncommon for a law graduate to register in a law office of one of his relatives, not do any work for two years, and then take submissions written by another person in the law office to submit to the government to obtain his licence. Even in cases that are not as extreme as this, the government had no proper system in place to evaluate the apprenticeship experience of the lawyer or determine if this person is capable of providing services at the required standard.

This issue is compounded as many young Omani lawyers would quit the law firm that they trained in immediately after they obtain their primary court licence to establish their own office with no meaningful practical experience in law or in running a business, and this resulted in the creation of hundreds of law firms scattered all over the country with questionable credentials that are, in turn, supposed to train and qualify the next generation of Omani lawyers.

Another issue that the new law attempts to address is the challenges relating to the operation of foreign law firms in Oman. Due to legal requirements in the old law that restrict the ability to establish law firms to licensed advocates, foreign law firms wishing to operate in Oman usually had to partner with a local law firm using contractual arrangements, and then would hire Omani and non-Omani staff who would provide legal advice, technically a regulated activity restricted to licensed advocates, without being registered with the Ministry of Justice and Legal Affairs. This was controversial for a variety of reasons, especially from a regulatory point of view as a significant segment of the legal industry—that was giving advice to the biggest companies in the country—was operating without any regulatory oversight by the government.

Two Types of Law Firms

The key fundamental change to the regulation of the legal profession under the new law is that law firms will now fall under two categories: advocacy offices and legal consultancy offices, with advocacy offices being licensed to perform litigation related matters, issue legal advice, draft contracts, and carry out company formation procedures, while legal consultancy offices being licensed to issue legal advice, draft contracts, and carry out company formation procedures, i.e. everything that an advocacy office does outside litigation. Technically speaking, representing a client in arbitration in Oman falls under the litigation provisions, but the law carved out arbitration for legal consultancy offices to allow them to represent their clients before arbitral tribunals.

Similarly, actual lawyers will now also fall under two categories: advocates and legal consultants, and both of these categories of lawyers have to register with the MJLA.

Advocacy Profession

The advocacy profession will be restricted to Omanis, and will now generally require passing a qualification exam to move up the rolls of advocates. This includes passing an exam to move from the roll of trainee advocates to the roll of primary court advocates, passing another exam to move to the roll of courts of appeal advocates, and passing a final exam to move to the roll of Supreme Court advocates. There are also now continuous professional development requirements to move up the ladder, but not to retain the licence. The qualification periods have been significantly reduced, with the time required to move from primary courts to courts of appeal reduced from five to three years, and the time required to move from courts of appeal to the Supreme Court reduced from seven to five years.

There are also a few exceptions to the exam requirements. For example, a new register will be created for government officials acting as advocates for their entities who will not be required to take the exam if they wish to become advocates after they leave the government as long as they provide evidence that they actually practised advocacy on behalf of the government during their service. Working in a legal function in the government or in any company can also qualify a person to become an advocate for different court levels, but this will require the candidate to take the exam required for the court level in question. However, the required period of experience for these two categories is different and both are longer than the period required for advocates.

There are also other controls on the operation of advocacy offices, including a legal requirement for all law firms to have professional indemnity, more specific restrictions on marketing their services, additional formalities for pro bono work, a new obligation to continuously have at least one advocate trainee appointed in the advocacy office, a requirement for those with a combined law degree (law and business, law and economics, etc.) to meet certain course requirements to qualify, provisions to limit revolving door practices by judges and public prosecutors who become advocates, and many more.

Legal Consultancy Profession

Under the new law, it will not be permitted for any person to provide legal consultancy services without registering with the MJLA. This means that all lawyers working in all law firms, whether Omani or not, and whether they are licensed as advocates or not, will now be required to register with the MJLA.

The new law also allows foreign law firms to establish legal consultancy offices on their own or jointly in partnership with other Omani legal consultation offices. However, the law does not appear to allow a foreign legal consultant to establish an office in his personal capacity with an Omani legal consultant.

The law does not provide any details on the requirements to register as a legal consultant or much information on the rights and obligations of legal consultants, but these are expected to be detailed in the executive regulation of the law. The law also stipulates that the MJLA will issue a code of conduct for legal consultants that is distinct from the code of conduct for advocates.

The Way Ahead

The new examination formalities for the qualification of advocates are definitely a step in the right direction and they have the potential to transform the advocacy industry if these exams are properly designed and executed. However, this will not be easy given that the Omani legal educational system as a whole is still not mature and the available educational resources for Omani legal education are extremely limited. Given that law colleges themselves struggle to find proper material to teach their students, the training materials for these exams will have to be developed from scratch.

The legal industry also needs more than legal knowledge to be able to develop, and Omani law firms would greatly benefit from more general skills on how to run and manage their offices as a business.

The fact that all lawyers, both advocates and legal consultants, will now be required to register with the Ministry of Justice and Legal Affairs is also a step in the right direction, but in the same way advocates, accountants, and doctors, are required to meet certain criteria before they are able to practice their profession, legal consultants should obviously also be required to meet their own criteria before they are allowed to give advice.

The new Advocacy and Legal Consultancy Law will enter into force after six months, and existing law firms have one year to comply with its provisions.

You can read the new law in full in English on the link below:

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