Decree Blog https://blog.decree.om Thu, 24 Apr 2025 17:44:11 +0000 en-GB hourly 1 https://wordpress.org/?v=6.8 https://i0.wp.com/blog.decree.om/wp-content/uploads/2021/12/favicon-decree.png?fit=32%2C32&ssl=1 Decree Blog https://blog.decree.om 32 32 197035704 MJLA Issues Its First System for Training Advocates https://blog.decree.om/2025/mjla-issues-the-system-for-training-trainee-advocates-and-public-officers-for-the-first-time/ Wed, 23 Apr 2025 05:43:19 +0000 https://blog.decree.om/?p=3009 The new Advocacy and Legal Consultancy Law entered into force earlier this month and has brought with it substantial changes to the way the legal profession operates in Oman. One of the key provision of this new law is that advocates will

The System for Training Trainee Advocates and Officers Authorised to Appear and Plead for the Units of the Administrative Apparatus of the State and Other Public Legal Persons was issued for the first time by MJLA Ministerial Decision 70/2025 in implementation of the training requirements in the Advocacy and Legal Consultancy Law prescribed in articles 25 for trainee advocates and 36 for public officers.

The system sets the framework for enrolling and qualifying trainee advocates and public officers through the training programme. According to this system, the training programme may be conducted online, possibly to accommodate trainees across the country who might be unable to attend an in-person training session. A trainee has to only obtain a total score of 70% in the assessment to successfully pass the training programme and be registered in the Roll of Advocates Admitted Before the Primary Courts for advocates and in the Register of Officers for public officers. It may be argued that a trainee could potentially pass by solely completing the final exams which amount to 70% of the total score without needing to attend or participate in any of the sessions allocated in the remaining 30%. 

This system also provides a reduced training period for trainee advocates who have six months left from the entry into force of the law before being admitted to the roll, allowing them to complete their training in 90 days instead of 180 days.

This is an important piece of legislation to read for those who are interested in being qualified to appear before Omani courts. To read the full text in full in English, click the link below:

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New Electronic Transactions Law Issued https://blog.decree.om/2025/new-electronic-transactions-law-issued/ Mon, 21 Apr 2025 05:31:11 +0000 https://blog.decree.om/?p=2998 A new Electronic Transactions Law was issued last week, repealing the Electronic Transactions Law of 2008 and carefully refining the scope to which electronic transactions can be relied upon in Oman.

Oman had its first Electronic Transactions Law in 2008, which was based on model laws developed by the UNCITRAL for e-signature and e-commerce. As a result, the Omani Electronic Transactions Law of 2008 gave electronic transactions the same power as paper transactions, and created the legal framework for electronic signatures, authentication, intermediary liability, and even data protection in connection with electronic transactions.

The new Electronic Transactions Law of 2025 does not make any groundbreaking changes to the existing comprehensive framework set by the Electronic Transactions Law of 2008. Instead, it carefully adjusts its scope, modernises the technical concepts used by the law, and imposes higher punishments for violating the law.

In terms of scope, the new law explicitly states that it does not prejudice regulations set by the CBO in all matters relating to the regulation of banks and financial institutions, which suggests that CBO now has the power to override certain provisions of this law. The previous law also excluded personal status matters, court procedures, and transactions that require attestation by the Public Notary from its scope. All these exclusions have been removed from the new law.

The new law also replaces the concept of “certification services” with the much wider concept of “trust services”, which is defined in article 24 of the law to cover issuance of electronic authentication certificates, qualified electronic signatures, electronic seals, verification of electronic identity, and electronic delivery services.

Furthermore, the law now makes a distinction between simple electronic signatures, advanced electronic signatures, and qualified electronic signatures; sets new rules for recognising such signatures as reliable evidence; and specifies which of these types are considered trust services.

Finally, the law increases the punishments that may be imposed for violating the law from a maximum of 5,000 Rial Omani under the old law to 50,000 Rial Omani under the new law.

The new Electronic Transactions Law has already entered into force. You can read it in full in English on the link below:

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Executive Regulation of the Advocacy and Legal Consultancy Law Issued https://blog.decree.om/2025/executive-regulation-of-the-advocacy-and-legal-consultancy-law-issued/ Thu, 17 Apr 2025 08:27:22 +0000 https://blog.decree.om/?p=2983 The Ministry of Justice and Legal Affairs published the executive regulation of the new Advocacy and Legal Consultancy Law in this week’s issue of the Official Gazette. This new regulation introduces further controls on the practice of the legal profession in Oman and provides implementation details for the Advocacy and Legal Consultancy Law.

His Majesty issued by royal decree a new Advocacy and Legal Consultancy Law in October of last year, which repealed the Advocacy Law of 1996 and introduced a major reform of the legal profession in Oman. The new Advocacy and Legal Consultancy Law splits the legal profession into two separate activities: advocacy and legal consultancy, with advocacy essentially covering all the activities of the legal profession—such as giving legal advice, drafting contracts, and providing litigation services, while legal consultancy covers the same activities with the exception of litigation services. Both advocacy offices and legal consultancy offices are also permitted to do arbitration work.

The framework created by the new law requires advocacy work to be exclusively delivered by advocacy offices that can only hire Omani advocates, while legal consultancy work must be exclusively delivered by legal consultancy offices that can only hire Omani and non-Omani legal consultants and no advocates. This means that if a law firm wishes to provide litigation services, this law firm must be registered as an advocacy office, and it will not be able to hire any non-Omani lawyer. If a law firm wishes to hire any non-Omani lawyers, this law firm must be registered as a legal consultancy office, and it will not be able to provide litigation services. The law also introduced new provisions that permit international law firms to open a branch in Oman in the form of a legal consultancy office without having a local partner.

In addition to this new classification, the law creates new qualification and continuous development requirements for advocates that an advocate is required to meet to move up the rolls that enable the advocate to appear before higher court levels.

While the law had comprehensive details of how advocates are admitted and qualified, it did not provide details on how legal consultants would be admitted, and left this matter to the executive regulation of the law, which was published this past Sunday.

The Executive Regulation of the Adovcacy and Legal Consultancy Law stipulates that for an Omani lawyer to be registered as a legal consultant, this lawyer must have at least two years of legal work experience, and that for a non-Omani lawyer to be registered as a legal consultant, this lawyer must have at least five years of legal work experience. The term used for legal work experience in the context of legal consultancy work is not the same term used for advocacy equivalent works provided for in article 12, so it is not clear what kind of legal experience is required. However, what this appears to suggest is that legal consultancy offices would not be able to hire any Omani person as a legal consultant if this person does not have at least two years of experience, and it also means that foreign lawyers can work in Oman in private practice only if they have at least five years of experience and only in legal consultancy offices.

Unlike advocates, there are no examination or continuous development requirements for legal consultants.

In regard to international law firms, the executive regulation stipulates that they can operate in Oman on their own or in partnership with legal consultancy offices (but not advocacy offices). This is only permitted for law firms that have been established for more than 15 years and have branches in at least three countries.

Both the law and the regulation have many other key changes that will affect the licensing of lawyers and law firms, and the impact that this will have on the industry will be unpredictable. If a local Omani law firm currently hires non-foreign lawyers (including Egyptian, Sudanese, and Indian lawyers), this law firm would have to decide whether to let go of these lawyers—if it chooses to remain as an advocacy office—or transform into a legal consultancy office and give up on its litigation business. International law firms operating in partnerships with Omani law firms might also have to reconsider their partnerships as the law now prohibits establishing a partnership with an advocacy office, and instead allows them to either operate independently or in collaboration with a legal consultancy office.

Both the law and its executive regulation have already entered into force. However, existing law firms generally have until October of this year to comply with it, and law firms established in partnerships with a non-Omani have until October of 2027 to remove the non-Omani partner.

You can read the law and its executive regulation in English in full on the links below:

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New Financial Law Issued https://blog.decree.om/2025/new-financial-law-issued/ Tue, 15 Apr 2025 10:39:51 +0000 https://blog.decree.om/?p=2977 The new Financial Law was published in this week’s issue of the Official Gazette repealing the Financial Law of 1998.

The Omani Financial Law does not relate to the financial industry, banks, or financial services. Instead, it sets the framework for the management and oversight of financial operations in the Omani government by setting the rules for disbursing and collecting money by government entities, the process for developing the government’s annual budget, and the prescription rules for collecting money owed by and from the Omani government.

The new Financial Law of 2025 does not make significant changes to the framework previously established by the Financial Law of 1998 and, for the most part, merely modernises the language and structure used in the law. However, there are still some subtle and specific changes such as a new provision permitting the sub-lease of a part of a government property in certain cases and the extension of the prescription period by 15 years when a final judgment is made in connection to a claim.

We highly recommend that those who do business with the Omani government read this law. The new Financial Law entered into force yesterday. You can read it in full in English on the link below:

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New Special Economic Zones and Free Zones Law Issued https://blog.decree.om/2025/new-special-economic-zones-and-free-zones-law-issued/ Tue, 15 Apr 2025 06:20:10 +0000 https://blog.decree.om/?p=2972 Last week, a new Law of Special Economic Zones and Free Zones was issued replacing the 20+ years old Law of Free Zones. The new law covers traditional free zones, such as Sohar Free Zones, as well as the more comprehensive special economic zones, such as the Special Economic Zone at Duqm.

A strange thing about this new Law of Special Economic Zones is that it does not define the terms “Special Economic Zone” and “Free Zone”. However, the key differences between them appear to be that a special economic zone is a more comprehensive project that may or may not include a free zone within it; that a special economic zone is directly managed by OPAZ, while a free zone is required to have a third-party operator; and that special economic zones can include real estate development projects where property may be sold to Omani and non-Omani persons, while standard free zones can’t.

The provisions regarding real estate development projects in special economic zones are a new addition not previously found in the System of the Special Economic Zone in Duqm. Outside this key change, the law appears to mostly attempt to consolidate the provisions that were uniquely provided through the System of the Special Economic Zone at Duqm into general provisions that can apply to any special economic zone to be created in the future.

It is worth noting that the provisions of the law remain conservative and the status they grant special economic zones is not comparable to the status of special free zones in neighbouring countries such as DIFC, ADGM, or QFC, that operate in a manner independent of the national legal system of the state and have their own regulators, substantive laws, and court system. In Oman, special economic zones created under the new Law of Special Economic Zones and Free Zones remain basic free zones that offer time-limited tax reliefs along with streamlined processes for obtaining government approvals.

The new Law of Special Economic Zones and Free Zones entered into force yesterday. You can read it in full in English on the link below:

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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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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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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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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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