The Ministry of Interior published in this week’s issue of the Official Gazette Ministerial Decision 16/2023 Issuing the Financial System for the Expenses, Disbursements, and Tenders of the Elections of the Members of Majlis Al-Shura and the Municipal Councils. This new system provides an alternative procurement process to that stipulated by the Tender Law and gives the Ministry of Interior new powers including the power to directly award contracts relating to works, services, and supplies for the elections up to the value of 245,000 Rial Omani without going through a tender.
Author: Riyadh Al-Balushi
Riyadh is the CEO at Decree. Prior to co-founding Decree, Riyadh worked for over 16 years of as a lawyer for the government of Oman. His areas of subject matter expertise include public international law, technology law, and intellectual property. He holds an LLB from the University of Cardiff, an LLM in IT and Commerce from Southampton University, and a PhD from SOAS, University of London. Riyadh is also a co-founder of Open Data Oman.
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2022: The Year in Review
Instead of doing our usual monthly digest, we are starting the year 2023 with a reflection on the most significant royal decrees that were issued in the year 2022:
The Ministry of Commerce, Industry, and Investment Promotion (MOCIIP) published in this week’s issue of the Official Gazette a regulation governing the activities of marketing and promotion on internet websites and social media that requires social media influencers to register with the government and requires all companies using their service to verify the existence of a licence before dealing with them. The new regulation enters into force in 90 days and imposes fines of up to 1,000 Rial Omani.
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Decree Subscription Prices
As previously announced, starting January 2023, Decree will graduate out of its beta phase and will become available as a paid subscription service.
The TRA published on Sunday this week a brand new Regulation Governing Domain Names. This regulation makes a number of important changes that open up the domain name market by providing a mechanism for allowing companies with no connection to Oman to register <.om> domain names and permitting the transfer of the registration of domain names between registrants without any apparent restrictions. The regulation also attempts to make the WHOIS system for <.om> domain names compatible with the Personal Data Protection Law that is due to enter into force early next year. This post provides an overview of some key aspects of this new regulation.
Decree Monthly Digest is a summary of the most significant legislation issued in the previous month.
The month of November was busy with a number of important royal decrees and ministerial decisions issued.
In regard to royal decrees, Royal Decree 70/2022 appointed Sheikh Abdulaziz Al-Hinai as Oman’s first-ever Ambassador-at-Large (Sheikh Abdulaziz was more recently known for being Oman’s ambassador to the UK before this role), Royal Decree 71/2022 declared areas in the Wilayat of Yanqul as having public benefit status to allow them to be expropriated by the government for a project to develop mines in Block A1-12, Royal Decree 72/2022 approved Oman’s accession to the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, while Royal Decree 73/2022 overhauled the organisational structure of the State Audit Institution.
In regard to ministerial decisions, many significant decisions were issued including CMA’s Decision 144/2022 on the Visitors Health Insurance Policy Form, MOCIIP’s Decision 574/2022 on the Governance Regulation for Foreign Investor Applications Approval Offices, MJLA’s Decision 113/2022 on the Code of Conduct for Experts, and TRA’s Decision 1152/2/3/2022-5 on the Regulation Governing Domain Names.
It has not been a year since the beta version of Decree launched, and the website has already grown to become the biggest English language database of Omani legislation available anywhere with a complete title index of all Omani royal decrees and ministerial decisions published in the Official Gazette since 1974 onwards, a full-text catalogue of essentially every single royal decrees issued in the past six years, a collection of over a 150 standalone laws with all their amendments consolidated, the most comprehensive catalogue of Omani treaties available on the internet with over 800 documents, along with a growing collection of the most recent ministerial decisions and regulations issued in the Official Gazette.
Decree Monthly Digest is a summary of the most significant legislation issued in the previous month.
October was a relatively busy month on Decree as ten royal decrees were issued on a variety of topics ranging from the amendment of laws and ratification of treaties, to government restructuring and the approval of petroleum agreements.
The most significant royal decrees issued last month are arguably Royal Decree 68/2022 Amending Some Provisions of the Penal Law, which includes, among other things, the criminalisation of the act of insulting the wife and children of the Sultan, and Royal Decree 69/2022 Amending Some Provisions of the Criminal Procedure Law, which introduces a new procedure for obtaining the approval of the Council of Ministers as a pre-requisite for prosecuting ministers for criminal misconduct. Royal Decree 60/2022 was also a significant royal decree as it transferred the climate affairs competences of the Civil Aviation Authority to the Environment Authority. Other significant royal decrees include Royal Decree 61/2022 on Oman’s accession to the International Convention for the Suppression of Acts of Nuclear Terrorism, Royal Decree 66/2022 issuing a licence to Oman Technology Infrastructure Company to build and operate passive infrastructure for telecommunications towers, and Royal Decree 67/2022 approving the petroleum agreement between the Government of the Sultanate of Oman and Shell Integrated Gas Oman BV, Alizz Gas Development LLC, and Totalenergies EP Oman Block 11 SAS for Block 11.
This month also had several important ministerial decisions including Decision 456/2022 of the Tax Authority amending the Executive Regulation of the VAT Law, and Decision 164/202 of the Supreme Judicial Council determining the geographical jurisdiction of the administrative circuits in Muscat, Salalah and Sohar.
Decree Monthly Digest is a summary of the most significant legislation issued in the previous month.
Two royal decrees were issued in September as summarised below:
Licences in the telecom sector are granted by royal decree in accordance with the provisions of the Telecommunications Law. This royal decree granted Oman Towers a licence to build and operate the passive infrastructure of telecommunication towers—which is the first and only licence of its kind granted in Oman.
This royal decree introduced a number of amendments to the Executive Regulations of Royal Decree 5/81 Governing Governing the Usufruct of the Lands of the Sultanate of Oman, the most important of which is increasing the term of the right of usufruct of government land from 50 years to 99 years.
In addition to the royal decrees mentioned above, several ministerial decisions were issued last month, with the following decisions being some of the most significant:
This decision creates a new framework for obtaining permits to provide VoIP and video calling services in Oman, and it imposes a set of new conditions on the providers of such services including a requirement to retain all equipment and data centres physically in Oman.
This decision creates a new framework for granting usufruct right for the construction of private schools that sets maximum areas for the usufruct depending on the school type and the specific periods of usufruct for such uses.
The National Centre for Statistics and Information (NCSI) published last week the legal framework for the governance of public sector data in the form of a National Data Strategy. Even though the name does not sound like it, the National Data Strategy is a legal instrument equivalent to secondary level legislation exactly identical to a regulation issued by a ministerial decision. This legal instrument governs the whole life cycle of public sector data, provides a framework for the exchange and release of this data, and establishes a system for the designation of national base registries for key public sector datasets, among many other things. This post highlights some of the key concepts found in this strategy.