Decree Monthly Digest is a summary of the most significant updates on Decree in the previous month.
Author: Mohammed Al-Farsi
Mohammed Al-Farsi is a Legal Associate at Decree. He holds an LLB Law Degree from the University of Exeter. Prior to joining Decree, Mohammed trained in the oil and gas sector, private practice, and in a regional tech company. He has an interest in corporate and commercial law.
Intel Update: November 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.
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.
Intel Update: July 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.
The FSA published in this week’s Official Gazette a Decision Amending Some Provisions of the Regulation Governing Clearing and Settlement which included a minor change to article 14 of the regulation.
Article 14 of the regulation outlines that upon executing a sale or purchase transaction, the securities are recorded in the electronic system under the status of “Deemed Sold Awaiting Settlement” or “Deemed Bought Awaiting Settlement, Sale Permitted,” respectively. Ownership is registered to the buyer on the day of settlement, and this settlement is considered final.
The amendment makes a small specific change to the wording of the original article 14 by stipulating that the settlement cannot be “conditional or deferred”.
This amendment enters into force tomorrow. You can read the text of the decision in full on the link below:
ROP published in this week’s issue of the Official Gazette Decision 88/2024 Issuing the Controls for Providing Vehicle Technical Inspection Service which creates a framework for outsourcing Traffic Law related inspection to private sector establishments.
By virtue of this new decision, a private sector establishment wishing to apply for a licence to offer vehicle inspection services must be wholly owned by Omanis, must equip its garages with approved tools, must maintain an electronic database linked to the Directorate General of Traffic, and must employ qualified technicians who adhere to safety standards during inspections.
The controls impose a number of obligations on establishments licensed to offer this service, such as the prohibition against inspection of vehicles involved in accidents or the sale or installation of spare parts to bypass inspection.
Penalties for violating the new controls include warnings, fines of up to 100 Rial Omani (double upon repetition), as well as licence suspension or cancellation.
You can read the text in full in English at the link below:
Articles 22 and 23 of the Social Protection Law provide for the creation of a medical committee and a number of medical grievance committees. The medical committee is responsible for licensing health establishments to issue reports for disability assessment, while the grievance committees are responsible for reviewing challenges made to the reports issued by these health establishments.
First Cemetery Regulation Issued
The Ministry of Interior issued in today’s Official Gazette a brand new Regulation Governing Cemeteries. This is Oman’s first ever legal instrument that governs the cemeteries and it outlines the management, establishment, and operational standards for cemeteries along with the requirements for burial practices, cemetery maintenance, and public health compliance.