Article – Decree Blog https://blog.decree.om Sun, 15 Jun 2025 05:04:44 +0000 en-GB hourly 1 https://wordpress.org/?v=6.8.1 https://i0.wp.com/blog.decree.om/wp-content/uploads/2021/12/favicon-decree.png?fit=32%2C32&ssl=1 Article – Decree Blog https://blog.decree.om 32 32 197035704 Market Disclosures for Public Companies https://blog.decree.om/2025/market-disclosures-for-public-companies/ Sun, 15 Jun 2025 05:03:55 +0000 https://blog.decree.om/?p=3160 In Oman’s capital market, transparency is more than a guiding principle, it is a legal obligation. Public joint stock companies are required to disclose key information that enables investors to make informed decisions and supports the integrity of the market. These disclosure requirements are part of a broader regulatory framework designed to ensure fairness, consistency, and investor protection across the stock exchange. This blog post will explain what disclosures are, the important role they play in the market, and an overview on the legal framework governing disclosures.

What Are Market Disclosures and Why Are They Important?

Market disclosures refer to the information that listed companies are required to publish to the public, investors, and regulatory authorities. These disclosures cover a broad spectrum of data, including financial statements, material events, corporate governance practices, and increasingly, environmental, social, and governance (ESG) information. The aim is to ensure that stakeholders receive timely and reliable updates that may influence the valuation or trading of the shares of a publicly listed company.

The Financial Services Authority (FSA) and the Muscat Stock Exchange (MSX) jointly oversee these obligations, issuing various decisions and circulars to guide the process. Disclosures are not limited to periodic financial results but also include information that could significantly impact market perception, such as dividend policies, board resolutions, and clarifications on market rumours or unusual trading activity.

The importance and purpose of market disclosures extends beyond simple regulatory compliance. By providing investors with consistent, accurate, and timely information, disclosures help identify and address information asymmetries, which can otherwise lead to unfair trading advantages or price manipulation. This transparency enables informed decision-making, promotes equal access to information, and helps maintain market integrity and investor confidence. The regulatory framework also provides enforcement mechanisms to ensure that non-compliance results in appropriate penalties, thereby reinforcing the significance of continuous and accurate reporting.

Legal Framework Governing Disclosures

The legal framework governing disclosures in Oman is comprehensive and draws on several primary and secondary sources of legislation. The Securities Law of 2022 governs a variety of securities including stocks. Articles 32 and  34 of this law prohibit trading of all securities based on undisclosed insider information and mandates the disclosure of material information required by law, which imposes duties of transparency and fairness, and requires regulated entities to disclose material facts that could influence trading decisions.

It is worth noting that article II of the Royal Decree 46/2022 Issuing the Securities Law mandated that an executive regulation for this law must be issued by June 2023, however, the FSA has not issued the regulation yet and accordingly, we have to refer to the executive regulation of the old Capital Market Law issued by the former Capital Market Authority (now the FSA) to implement the legal requirements set by the Securities Law. Part seven of this executive regulation details the methods, timing, and scope of material disclosures, including quarterly and annual financial results. Complementing this, the CMA Circular CMA/236/2014 outlines practical expectations, such as the requirement to publish financial news at least thirty minutes before trading sessions and to disclose audited financials within five days of board approval.

The Public Joint Stock Companies Regulation also defines the meaning of material information and specifies detailed procedures and timelines for publication of financial statements and disclosures. These provisions ensure that all disclosures are made in a structured and timely manner, with accountability placed firmly on the company’s board of directors.

In parallel, MSX Decision 77/2025 mandates public joint stock companies to disclose ESG practices through both the MSX platform and their own websites. These disclosures must be made within 30 days of the end of the financial year, or 45 days for companies with subsidiaries, and must present a balanced view that includes both positive achievements and material challenges.

Conclusion

Market disclosures are a cornerstone of Oman’s capital market integrity. By mandating consistent, comprehensive, and timely communication from listed companies, the regulatory framework ensures that investors are well-informed and that the market operates on principles of fairness and accountability. The FSA might issue the new regulation of the Securities Law at any time, therefore, it is important to stay up to date with new developments in this area.

You can search for the last MSX disclosures and track the disclosures of specific companies on Decree Risk on the link below:


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Foreign Lawyer in Oman Under the New Advocacy Law https://blog.decree.om/2025/foreign-legal-practice-in-oman-boundaries-conditions-and-collaborations/ Sun, 01 Jun 2025 05:42:42 +0000 https://blog.decree.om/?p=3117 The legal framework regulating the practice of foreign lawyers in the Sultanate of Oman was fundamentally reshaped by the new Advocacy and Legal Consultancy Law, issued by Royal Decree 41/2024, and the Executive Regulation of the Advocacy and Legal Consultancy Law issued by the Ministry of Justice and Legal Affairs Decision 66/2025. Some of the most significant changes by this new legal framework are the rules governing the practice of foreign lawyers in Oman. This blog post will highlight the key implication that this new law would have for foreign lawyers wishing to work in private practice in Oman.

To start with, it is worth noting that the Advocacy and Legal Consultancy Law governs the work of law firms, and has no implications for legal professionals working as legal advisors in companies and other organisations, such as banks, telecom companies, or any other corporation. This means that restrictions imposed on foreign lawyers who wish to work as advocates or as legal consultants in a law firm do not apply to foreign lawyers wishing to work as in-house counsel.

The Old System

Under the previous legal framework, Oman prohibited foreign lawyers from appearing before its courts. However, this did not stop law firms from hiring foreigners in roles such as “legal advisors” and “legal experts,” without registering them with the Ministry of Justice and Legal Affairs, to provide legal advice without appearing before any court. This practice was tolerated by the government, even though it would be considered in the grey zone at best.

Advocacy Offices and Legal Consultancy Offices

The new Advocacy and Legal Consultancy Law made substantial changes to the way law firms operate in Oman by introducing two distinct types of legal entities: advocacy offices and legal consultancy offices. Advocacy offices can offer all forms of legal services, including litigation services and can only hire Omani advocates. Legal consultancy offices can offer legal services and arbitration services, but not litigation before Omani courts, and can hire both Omani and foreign legal consultants.

The Executive Regulation of the Advocacy and Legal Consultancy Law also added additional requirements for recruiting foreign lawyers in legal consultancy offices, the most important being that a foreign lawyer must have at least five years of experience to be registered as a legal consultant.

Even though the law now allows foreigners to be formally registered with the Ministry of Justice and Legal Affairs, the law allows Omanis only to be the owners of a legal consultancy office. In addition to the ability of foreigners to register as legal consultants in Oman, the law now has a formal framework for establishing partnerships between Omani and foreign law firms and for establishing branches for foreign law firms. Under Article 64 of the law, foreign participation in legal consultancy is permitted through the establishment of a new office in partnership with an Omani legal consultancy firm, but not with an Omani advocacy firm. This means that a foreign law firm cannot form a formal partnership with an Omani law firm that provides litigation services.

Branches of Foreign Law Firms

Furthermore, the law now also allows foreign law firms to establish branches in Oman without any local partners. However, this is only permitted for law firms that have branches in three other countries and have been established for at least fifteen years. However, it is worth noting that the lawyers working in the Omani branch must fulfil the requirements for the registration of legal consultants. This means that the branch would only be able to hire foreign lawyers who have at least five years of experience.

In addition to these tightly controlled entry mechanism for foreign law firms and the practice of foreign lawyers, the law contains a narrow exception under article 17 that permits foreign advocates—whether from Arab or non-Arab countries—to appear before Omani courts in a specific lawsuit as long as the foreign lawyer is working in partnership with an Omani advocate and as long as there is a reciprocity arrangement exists between Oman and the home country. The approval of the Chairman of the Advocates and Legal Consultants Affairs Committee is also required. This unique provision appears to be reserved for unique cross-border cases and is unlikely to apply to foreign lawyers residing or practising in Oman on a permanent basis.

Conclusion

The new Advocacy and Legal Consultancy Law and its executive regulation provide new opportunities for foreign lawyers to practice in Oman and will transform the legal industry. You can read the law and its executive regulation in English in full on the links below:


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The Making of a Constitution: History of the Basic Statute of the State https://blog.decree.om/2025/the-making-of-a-constitution-history-of-the-basic-statute-of-the-state/ Thu, 08 May 2025 07:47:01 +0000 https://blog.decree.om/?p=3054

The constitution of the Sultanate of Oman, formally known as the Basic Statute of the State, is the supreme legislative document in the country. It governs the operation of the institutions of the state and determines the relationship of the states with all individuals while providing structure and clarity on the operation of the government. The Basic Statute of the State was issued by His Majesty Sultan Qaboos through Royal Decree 101/96 in the year 1996 as a gift to the people of Oman. Since then, it was amended twice, in 2011 and 2021. This blog post will outline the status of the legal system before 1996, before outlining the changes made to the Basic Statute of the State throughout the years.

Legal System Pre 1996

Prior to the issuance of the Basic Statute of the State in 1996, Oman had a sophisticated and codified legal system that started from the accession of Sultan Qaboos into power in 1970, including legal instruments that governed the operation of the government, an elected Shura Council, and a robust court system. However, Oman did not have a single comprehensive legal system that clearly determined the duties of the Sultan, the Council of Ministers, and the duties and responsibilities of the state and the citizens.

The Basic Statute of the State of 1996

The Basic Statute of the State was issued as the first Omani constitution by Royal Decree 101/96. This document declared Oman as an independent Arab state, affirmed Islam as the religion of the land, and stipulated that Arabic is the official language of the state. It set the rules for accession through the secret will system, defined the concept of separation of powers within the Omani context, and determined the rules of the Sultan, the duties of the state, and the rights and responsibilities of citizens, among many other constitutional matters.

The First Amendment of the Omani Constitution

Sultan Qaboos amended the Basic Statute of the State only once in the year 2011 as a response to the events of the Arab Spring. The amendments that were made were precise and specific, and they strengthened the powers of the Council of Oman, i.e. the Omani parliament, by enhancing its oversight powers over the legislative process and monitoring government performance.

Modernising the Constitution in 2021

Following his accession in 2020, Sultan Haitham issued a new Basic Statute of the State by Royal Decree 6/2021 which retained an extremely similar structure to the Basic Statute of the State of 1996, but made significant changes to the succession process by establishing a legal framework for the appointment of a crown prince and removing the secret will mechanism that was found in the original Basic Statute of the State.

Conclusion

The Basic Statute of the State marked a major milestone in Oman’s modern history, establishing the foundation of structured and stable governance. Since its establishment in 1996, through the amendments made in 2011, and the modernisation in 2021 it has evolved to meet the demands of the Sultanate of Oman and continues to be an essential component of the country’s development.

You can read the Basic Statute of the State in full in English free of charge on the link below:


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Principles That Shape Oman: A Look into Book Two of the Basic Statute of the State https://blog.decree.om/2025/principles-that-shape-oman-a-look-into-book-two-of-the-basic-statute-of-the-state/ Thu, 08 May 2025 04:29:44 +0000 https://blog.decree.om/?p=3041 Book Two of the Basic Statute of the State, i.e. the Omani constitution, lays down the foundation for how the state functions as well as its main priorities. While the Basic Statute of the State as a whole is rich in constitutional guidance, Book Two is especially notable for how it comprehensively maps out the principles that shape Oman’s political, economic, social, and cultural trajectory. This blog post highlights the key principles found in this extremely important part of the Omani constitution.

Book Two of the Basic Statute of the State is divided into four chapters: Political Principles (article 13), Economic Principles (article 14), Social Principles (article 15), and Cultural Principles (article 16). These articles provide a comprehensive framework for governing the internal and external duties of the state, its role in ensuring welfare and justice, and its responsibility to promote education, culture, and heritage.

Article 13: Political Principles

The political foundation of the Sultanate of Oman is rooted in the preservation of sovereignty, security, and independence. This article outlines the duty of the state to safeguard its stability and uphold its statehood. Furthermore, it emphasises foreign policy grounded in mutual respect, non-interference, and compliance with international charters and treaties. Importantly, it calls for governance systems based on shura, derived from islamic sharia and omani values, while endorsing modern administrative practices that ensure justice and equality for all citizens.

Article 14: Economic Principles

This article defines the economic visions of the state. It stipulates that the State guarantees economic freedom within a framework of social justice, where public and private sectors cooperate for development. This article also prescribes that the state retains ownership of natural resources and is mandated to manage them in line with public interest and the law, that the state is meant to encourage investment, regulate savings and credit, and protect both public and private property, among other economic duties.

Article 15: Social Principles

Justice, equality, and opportunity are enshrined as pillars of society. Article 15 highlights the significance of national unity and family values while requiring the state to guarantee equality between women and men, and to provide care for children, youth, and the disabled. Social security, emergency aid, and healthcare are legal guarantees, as is the state’s role in environmental protection. Article 15 also affirms “work” as a right and an honour, and stipulates that no citizen may be forced into employment except by law under specific conditions.

Article 16: Cultural Principles

Education is identified by article 16 as a fundamental right, with objectives including the development of national identity, scientific thinking, and civic values. According to this article, primary education must be made compulsory, while higher education is to made accessible based on merit. The state promotes literacy, supports scientific research, and guarantees the independence of academic institutions.

Conclusion

Book Two of the Basic Statute does more than provide aspirational goals; it sets binding constitutional standards that define Oman’s governance model. These provisions offer a robust and interlinked framework for how the state must function, interact with its citizens, and position itself in the international community. The articles reflect a clear legal intent: to build a just, stable, and forward-looking society rooted in Omani identity and Islamic values, yet open to modern and global engagement.

You can read the Basic Statute of the State in full in English free of charge on the link below:


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5 Key ICESCR Provisions: Implementation Efforts in Oman https://blog.decree.om/2025/5-key-icescr-provisions-implementation-efforts-in-oman/ Thu, 13 Mar 2025 08:44:49 +0000 https://blog.decree.om/?p=2909 The International Covenant on Economic, Social, and Cultural Rights (ICESCR) is a multilateral treaty ratified by most of the United Nations (UN) member states, which lays out and aims to enforce various economic, cultural and social rights. It is one of the principal international human rights treaties. Oman’s ratification of the ICESCR, through Royal Decree 46/2020, brought the treaty into force for the Sultanate, signifying its commitment to upholding the human rights enshrined within the covenant. Since then, Oman has actively pursued implementation of the ICESCR’s principles, with “progressive realization” as a guiding framework, and focusing on key provisions including the right to work, social security, education, and adequate standard of living.

The Principle of Progressive Realization

It takes consistent effort and adequate awareness of the local circumstances to translate the ICESRC principles into tangible realities. Hence, a core principle of the ICESCR is “progressive realization”, acknowledging that states may need time and resources to fully implement these rights. For Oman, this means continuous refinement of policies and legislation, adapting to evolving needs and building upon existing foundations to ensure sustainable progress in upholding economic, social, and cultural rights. Oman’s efforts are evident in the promulgation of several new laws targeting ICESCR rights since their 2020 ratification, which will be explored in the subsequent sections.

Right to Work

Article 6 of the ICESCR recognizes the right to work as a fundamental human right and emphasizes that everyone deserves the chance to earn a living through chosen employment with fair wages, safe conditions, and reasonable hours. Oman has made significant strides in advancing this right. Royal Decree 53/2023, promulgating the Labour Law, represents a crucial step in modernizing the labour sector. This legislation prioritizes fair employment practices, enhances worker protections, and promotes Omanisation. In an effort to ensure fairness, the new Labour Law has clarified wrongful dismissal cases, incorporating provisions that prevent discrimination, protect trade union activities, and safeguard against employer retaliation. These initiatives are designed to increase employment opportunities and ensure decent working conditions, aligning with the principles of article 6.

Right to Social Security

Article 9 recognizes the right of everyone to social security, including social insurance. Royal Decree 52/2023, promulgating the Social Protection Law, signifies Oman’s commitment to strengthening its social safety net. This law aims to expand coverage, streamline benefits, and improve the overall efficiency of social protection programs, ensuring that vulnerable populations have access to essential support. The law comprehensively addresses social services, providing support for vulnerable groups like the elderly, children, widows, orphans, and people with disabilities. A notable advancement is the law’s substantial improvement to maternity and paternity leave provisions, offering greater support to parents alongside coverage for other critical contingencies like workplace injuries and occupational illnesses. By focusing on vulnerable populations and ensuring access to essential support, Oman is making tangible progress in fulfilling the obligations of article 9.

Right to an Adequate Standard of Living

Article 11 involves ensuring that everyone has access to adequate clothing, food, and housing in addition to continuous improvements to living conditions. For Oman, the Social Protection Law stands as a cornerstone of the country’s commitment to addressing poverty and raising living standards, especially for vulnerable populations. Furthermore, to ensure the right to adequate housing, Royal Decree 42/2021 on Granting Government Land directly fulfills the ICESCR’s provisions by providing eligible Omanis with accessible land for residential purposes. This initiative sets Oman apart from many neighbouring countries, demonstrating a commitment to housing access that directly supports its citizens’ right to an adequate standard of living, particularly for low and middle-income families.

Right to Education

Article 13 ensures that education is available, accessible, and of high quality for all individuals. Oman has demonstrated a strong commitment to the right to education. In 2023, the enactment of the School Education Law and the Higher Education Law exemplify this commitment, which focus on enhancing educational quality, expanding access, and aligning education with the needs of the labour market. These laws address issues such as curriculum development and access to higher education, which Oman is striving to provide quality education for all its citizens.

Conclusion

Oman’s dedication to the ICESCR is evident in its proactive legislative measures and ongoing initiatives, demonstrating a commitment to ‘progressive realization’ across key economic, cultural and social rights.


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Four Commercial Laws Every Law Graduate Must Read https://blog.decree.om/2025/four-commercial-laws-every-law-graduate-must-read/ Sun, 02 Mar 2025 04:44:13 +0000 https://blog.decree.om/?p=2813 If you are a recent law graduate with aspirations for working in-house or in private practice with a focus on commercial law matters, you need to make sure that you are familiar with the key commercial laws of Oman.

This blog post highlights the most important commercial laws that are fundamental for law graduates to learn about:

1. Commercial Companies Law:

The Commercial Companies Law determines the types of companies that may be registered in Oman, namely: general partnerships, limited partnerships, joint ventures, joint stock companies (public/closed), holding companies, limited liability companies, and one-person companies. The law provides the legal framework and requirements for establishing and forming these companies, the roles and responsibilities of company directors, the rights and obligations of shareholders, procedures for conversion, merger, dissolution, and liquidation of the company, as well as providing a concise legal framework for insolvency proceedings and company liquidation.

2. Labour Law:

The Labour Law governs the relationship between employers and employees and attempts to strike a balance for the legal protection of both parties. The law covers issues such as employment contracts, working hours, leaves, wages, occupational safety, termination of employment, and dispute resolution. A comprehensive understanding of labour law is crucial for law graduates aspiring to work in commercial law, as it enables them to advise on employment practices, compliance with Ministry of Labour directives, and managing workplace disputes.

3. Law of Arbitration in Civil and Commercial Disputes:

Given Oman’s growing focus on alternative dispute resolution, the Law of Arbitration in Civil and Commercial Disputes is critical as it provides the legal framework for arguably the most important mechanism for alternative dispute resolution: arbitration. Arbitration offers a flexible, confidential, and legally binding mechanism for settling disputes, making it an essential aspect of commercial practice in Oman, especially in sectors like construction, energy, and finance. The law outlines the rules and procedures governing arbitration agreements, the appointment of arbitrators, arbitration hearings, and the enforcement of arbitral awards. For law graduates, understanding arbitration laws is essential for advising clients on the most efficient and cost-effective dispute resolution mechanisms.

4. Personal Data Protection Law:

As Oman advances in digital transformation, the Personal Data Protection Law has become a crucial piece of legislation. This law sets regulations for the collection, processing, storage, and transfer of personal data. It imposes strict compliance requirements on businesses, including the need to obtain consent for data processing, implement security measures, and adhere to restrictions on cross-border data transfers. A solid grasp of the implications of this law is crucial for law graduates, especially those advising clients on data protection compliance and mitigating legal risks associated with data breaches or non-compliance with privacy regulations. The Personal Data Protection Law is particularly relevant in sectors such as banking, telecommunications, healthcare, and e-commerce that rely heavily on the processing of personal data.

Conclusion

The laws mentioned above are merely some of the key commercial laws that a commercial lawyer needs to know. The Omani legal system is continuously developing, and it is extremely important for all lawyers to stay up to date with new legal developments to be able to provide their clients with reliable legal advice. One of the easier ways to stay up to date with the latest updates in the Omani legal system is to simply follow Decree on LinkedIn and Instagram.


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The Separation of Powers in Oman: Balancing Act or Centralised Rule? https://blog.decree.om/2025/the-separation-of-powers-in-oman-balancing-act-or-centralised-rule/ Tue, 18 Feb 2025 03:59:50 +0000 https://blog.decree.om/?p=2867 The principle of the separation of powers is critical for maintaining the integrity of governance while fostering its efficiency. This principle, which ensures that different branches of government perform separate roles and responsibilities, prevents the concentration of power in the hands of a single authority. But how exactly does this principle operate in the Omani context? This blog post offers an overview of the separation of powers within the Omani legal system, exploring its foundations and its application.

Understanding the Separation of Powers

Primarily, the separation of powers distributes government power among three branches: the executive, the legislative, and the judiciary. In Oman, the separation of powers is a fundamental aspect of the legal system, however, it is implemented with distinct characteristics that reflect the country’s unique cultural and political context. While the Sultan holds significant authority, as head of state, Oman has adopted a system which incorporates a form of separation among its government branches. 

The Basic Statute of the State serves as the constitution of the Sultanate of Oman, establishing the overarching legal foundation for governance. Although the term “separation of powers” is not used explicitly, the constitution outlines a structure for the separation of powers among the executive, legislative, and judicial branches, with the Council of Ministers, the Council of Oman, and the Supreme Judicial Council heading each of these branches respectively.

The Executive

The executive branch of the government is represented by the Council of Ministers who are responsible for implementing the pubic policies of the state. Article 51 of the Basic Statute of the State details additional responsibilities of the Council of Ministers, including debating proposals from the ministries, submitting recommendations to the Sultan, and overseeing the implementation of laws.

The Council of Ministers, as the head of the executive branch, is led by the Prime Minister who presides over the council sessions. While the role of the Prime Minister is technically separate from the role of the Sultan, currently the Sultan is the Prime Minister.

The Legislature

The legislative branch, represented by Majlis Oman (Council of Oman), is responsible for reviewing draft legislation. Majlis Oman only has the authority to suggest new laws or amendments to the Council of Ministers; it does not have the authority to enact actual laws. It is made of two bodies: the Majlis al-Dawla (State Council) and the Majlis al-Shura (Shura Council). The bicameral framework promotes wider representation and greater public consideration of legislative matters. You can learn more about the role of Majlis Oman by reading the Law of Majlis Oman.

The Judiciary

The judiciary’s function is one of the most significant aspects of the separation of powers. The judiciary in Oman, as stipulated in article 77 of the Basic Statute, is constitutionally independent. This means it has the authority to interpret and apply the law free from undue influence or interference from the executive (Council of Ministers) or the legislative (Majlis Oman) branches. The judicial branch is entrusted to interpret and apply laws, challenge executive actions, and ensure that individuals’ rights are protected.

The judiciary in Oman is represented by the Supreme Judicial Council., which was most recently re-established by Royal Decree 35/2022 and has the Sultan as its chairman.

Is There a True Separation of Powers?

While the Basic Statute of the State outlines a separation of powers between the executive, legislative, and judicial branches, the Sultan’s leadership of both the executive (as the Prime Minister of the Council of Ministers) and the judiciary (as chairman of the Supreme Judicial Council) raises questions about the true extent of this separation. In addition, regarding the legislative function, the Sultan plays a vital role in being the ultimate authority on all legal matters, as no law can be promulgated without a royal decree.

However, even though the Sultan has power over the three branches of the government, the extent to which the Sultan interferes with the operation of these branches in practice is extremely limited making the Sultan the ultimate guarantor of the principle of separation of powers in Oman.

You can learn more about the system of governance in Oman by reading the Basic Statute of the State on the link below:

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Three International Agreements Every Law Graduate Must Know https://blog.decree.om/2025/three-international-agreements-every-law-graduate-must-know/ Mon, 17 Feb 2025 10:45:23 +0000 https://blog.decree.om/?p=2849 In an increasingly interconnected world, legal practice extends beyond national borders. For law graduates, understanding key international agreements and treaties is essential for navigating global legal systems, especially those that the Government of the Sultanate of Oman has signed with other countries. Whether specialising in international law or operating domestically, familiarity with these frameworks strengthens legal expertise and opens up broader career opportunities. This blog post highlights three types of international agreements that the Government of the Sultanate of Oman routinely signs with other countries and that every law graduate must know.

1. Free Trade Agreements:

Free Trade Agreements (FTAs) are treaties between countries that aim to reduce or eliminate barriers to trade, such as tariffs and quotas. These agreements also address non-tariff barriers, like regulatory standards, intellectual property protections, and services. FTAs play a significant role in fostering economic cooperation and increasing market access across borders. Oman is a member of several important FTAs, including the Oman-US FTA, which has been in effect since 2009.

2. Bilateral Investment Treaties:

Bilateral Investment Treaties (BITs) are agreements between two countries that outline the terms and conditions under which investments from one country will be protected when entering the other country. These treaties are crucial in promoting foreign investment by providing protections against expropriation, unfair treatment, and ensuring access to dispute resolution mechanisms like arbitration. In Oman, the government has signed multiple BITs to attract foreign investment and safeguard its economic interests, with the most recent being the Oman-Hungary BIT ratified in 2022. You can learn more about BITs by reading our blog post on the Key Provisions of Bilateral Investment Treaties.

3. Double Taxation Agreements:

Double Taxation Agreements (DTAs) are treaties between two or more countries designed to avoid the problem of double taxation on the same income. These agreements allocate taxing rights between countries and provide relief for taxpayers, typically through exemptions or tax credits. Oman has signed DTAs with several countries, such as the United Kingdom, France, and Germany, which help mitigate the risk of double taxation for individuals and businesses.

Conclusion

Understanding these three key international agreements is essential for law graduates seeking to navigate the complexities of global legal systems. Whether practising in international law or advising domestic clients on cross-border matters, a solid grasp of these treaties will enhance your legal expertise and open new career opportunities. For law graduates, knowledge of these agreements is particularly relevant in shaping Oman’s legal structure and ensuring its continued integration into the global legal landscape.

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Duties of the Council of Ministers https://blog.decree.om/2025/duties-of-the-council-of-ministers/ Mon, 27 Jan 2025 08:03:41 +0000 https://blog.decree.om/?p=2783 The Government of the Sultanate of Oman is built upon the principle of the separation of powers among the executive, legislative, and judiciary branches of government. The Council of Ministers represents the executive branch, Majlis Oman serves as the legislative body, and the Supreme Judicial Council oversees the judiciary. This blog post will explore the role of the key player in the executive branch of the government: The Council of Ministers.

Formation and Framework

The Basic Statute of the State, often referred to as the Constitution of Oman, establishes the framework for forming the Council of Ministers and specifies its duties. It outlines the conditions for appointing the Prime Minister, deputy prime ministers, and other ministers, all of whom must be appointed by royal decree. While His Majesty Sultan Haitham Bin Tarik currently serves as the Prime Minister, the Basic Statute of the State provides a mechanism to appoint another individual to fulfil this role if necessary.

Key Duties of the Council of Ministers

As stipulated in article 51 of the Basic Statute of the State, the Council of Ministers is entrusted with a wide range of responsibilities, which can be categorised into three main areas:

Legislative Duties

One of the key responsibilities of the Council of Ministers is its legislative function. The Council of Ministers submits recommendations to the Sultan on matters of concern to the state, ensuring that key issues are addressed effectively. Additionally, it proposes draft laws and royal decrees, which are then issued by His Majesty after going through Majlis Oman. These legislative functions are fundamental in shaping the legal framework and maintaining the rule of law in Oman.

Setting State Policies

Another critical area of responsibility is setting state policies. The Council determines the general objectives and policies for comprehensive development, laying the groundwork for national progress. It also establishes the necessary procedures to implement these policies, ensuring their effectiveness. Furthermore, the Council debates development plans prepared by competent authorities, presenting them to Majlis Oman for review before submitting them to the Sultan for approval. Through these efforts, the Council of Ministers ensures that the policies are aligned with the public interest and national priorities.

Oversight Duties

Equally important are the Council of Minister’s oversight duties. The Council of Ministers oversees the functioning of the administrative apparatus of the state, ensuring that its various units perform their duties efficiently and in compliance with established laws and regulations. It monitors the implementation of laws, royal decrees, regulations, decisions, treaties, agreements, and court judgments, ensuring strict adherence to them. In addition, the Council of Ministers reviews proposals from ministries in their respective areas of competence, facilitating coordination and making informed decisions. These oversight responsibilities are crucial for maintaining efficiency, accountability, and transparency across the government.

These were some of the key duties of the Council of Ministers, you can read learn more about this extremely important government body by reading the Basic State of the State.

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Paths to Omani Nationality Under the Law https://blog.decree.om/2025/paths-to-omani-nationality-under-the-law/ Sun, 05 Jan 2025 04:59:35 +0000 https://blog.decree.om/?p=2663 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.

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:

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