Categories
Article

Paths to Omani Nationality Under the Law

Now that it has been established that obtaining an Omani passport does not equate to obtaining Omani nationality, this post will explore the paths set by the Omani Nationality Law promulgated by Royal Decree 38/2014 for obtaining Omani nationality. Pursuant to this law, there are three paths for obtaining nationality in Oman: by origin, by reinstatement, and by grant from His Majesty the Sultan. This post will provide details on each one of these three paths.

Categories
Law Updates

MTCIT Updates Ship and Port Facility Security Regulation

Earlier this month, the Ministry of Transport, Communications, and Information Technology (MTCIT) issued a new Ship and Port Facility Security Regulation, which repealed the Ship and Port Facility Security Regulation of 2016.

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:

Categories
Law Updates

MOL issues new Wage Protection System

The Ministry of Labour (MOL) issued in this week’s issue of the Official Gazette a new decision regarding the Wage Protection System that repeals a previous decision from 2023 regarding the same topic.

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:

Categories
Article

Key Provisions of Bilateral Investment Treaties

A bilateral investment treaty (BIT) is an agreement between two states designed to encourage and protect investments made by nationals or companies from one country in the other. They provide legal assurances to investors, fostering a stable environment for cross-border investments. Many countries around the world have domestic laws that provide protection to foreign investors, for example, Oman has the Foreign Capital Investment Law, however, BITs make the duty to provide this protection a legal obligation under public international law and offer investors the ability to resort to international arbitration to enforce their rights under the BIT without the need to have a contract between the state and the investor that provides for arbitration.

Categories
Law Updates

MEM Issues Decision Establishing Oman Net Zero Centre

The Ministry of Energy and Minerals (MEM) published in this week’s issue of the Official Gazette a decision to establish Oman Net Zero Centre as a department in the MEM.

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:

Categories
Law Updates

MAFWR Amends Management of Pastures and Livestock Regulation

The Ministry of Agriculture, Fisheries, and Water Resources published in this week’s issue of the Official Gazette an amendment to some provisions of the Executive Regulation of the Law on the Management of Pastures and Livestock giving the MAFWR the power to impose a new set of administrative penalties.

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:

Categories
Guest Post

Alternative Dispute Resolution in Contracts: Resolving Conflicts with Confidence

This guest blog post is contributed by Wadhah Al-Hinai – Legal Researcher at Sultan Qaboos University.

Contracts are the foundation of business relationships, outlining rights, obligations, and expectations between parties. However, despite careful planning and collaboration, disputes can arise, leading to costly and time-consuming legal battles. That’s where a well-crafted Alternative Dispute Resolution (“ADR”) clause comes into play. ADR refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. In this article, we will explore the significance of including an ADR clause in contracts and how it can provide a fair and efficient means of resolving conflicts.

Categories
Guest Post

Safeguarding Trust and Privacy: The Crucial Role of Confidentiality Clauses in Contracts

This guest blog post is contributed by Wadhah Al-Hinai – Legal Researcher at Sultan Qaboos University.

In today’s interconnected business landscape, where information flows rapidly and collaborations thrive, maintaining confidentiality has become more critical than ever. For individuals and organizations alike, protecting sensitive information is vital for maintaining trust, fostering innovation, and preserving competitive advantage. This article explores the importance of confidentiality clauses in contracts and their role in safeguarding valuable assets and maintaining healthy business relationships.

Categories
Guest Post

Understanding the Legal Framework: Labour Strikes and Employer Closures in Omani Employment Contracts

This guest blog post is written by Budoor Al Suwaid LLM in Commercial and Corporate Law Graduate.

An employee’s right to peacefully strike plays a fundamental role in advocating for their rights and improving their work conditions. The newly released Labour Law, promulgated by Royal Decree 53/2023, boldly emphasises the rights of employees and employers in strikes and closures. It achieves this by dedicating the entirety of Section 2 of Part 8 of the Labour Law (Articles 128-136) to such matters.

Categories
Student Article

Civil and Criminal Liability of Online Platform Providers under Omani Law

This student article is written by Jumana Al-Masroori and Fatema Al-Nuaimi, Law Students at Sultan Qaboos University College of Law, under the supervision of Dr Saleh Al-BarashdiThis article is part of a series of student articles published on Decree in collaboration with Sultan Qaboos University College of Law to showcase the legal academic writing of Omani law students.

The widespread of the internet had a major impact on the economy through the rapid process of digitalising services,[1] which consequently led online platforms to become a habitat to numerous online transactions,[2] as such platforms allow their service providers to expand across borders and supply various markets.[3] Online platform providers can be defined as “a mediating entity operating in two or multi sided markets, which uses the internet to enable direct interactions between two or more distinct but interdependent groups of users.”[4] This article will cover the different kinds of legal liability to which platform providers may be subject to.