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Intel Update

Intel Update: October 2023

Decree Intel is a database of original Omani legal research material that provides explanatory notesoverview of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Fatwa Summary: MJLA Fatwa 212747517 (First-Sale VAT Exemption): The Ministry of Justice and Legal Affairs (MJLA) deemed that the first sale of real estate by the developer in integrated tourism complexes is not exempt from value added tax (VAT).

Overview of Laws in the IT Sector: This document provides an overview of the key Omani legislation that regulates activities in the information technology sector.

Overview of the Tax Authority: The Tax Authority (جهاز الضرائب), is the body responsible for developing and implementing the tax policy of the state.

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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.

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Law Updates

CMA Issues “Dhamani” Insurance Platform Regulation

The Capital Market Authority (CMA) published in this week’s issue of the Official Gazette a new Regulation Governing Electronic Linkage of the Health Insurance System that sets the legal framework for using its Dhamani electronic insurance system.

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Law Updates

CBO Issues New Returned Direct Debit and Cheques Regulation

The Central Bank of Oman (CBO) published in this week’s issue of the Official Gazette a new Regulation of the Returned Direct Debit and Cheques System that replaces the Regulation of the Returned Cheques System of 2007.

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Announcements

Royal Decree Alerts and Weekly Gazette Updates on Decree Newsletter

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Monthly Digest

Decree Monthly Digest – September 2023

Decree Monthly Digest is a summary of the most significant updates on Decree in the previous month.

Royal Decrees

Twelve royal decrees were issued in September, with the most significant being Royal Decree 62/2023 Amending Some Provisions of the Civil Aviation Law. Royal decrees were also issued establishing an embassy for the Sultanate of Oman in Australia, ratifying civil aviation agreements with Senegal and Belarus, and acceding to the Convention on the International Organization for Marine Aids to Navigation.

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Commentary

Nothing but a Name: Collective Labour Disputes Arbitration Committee under the New Labour Law

A new provision in the Labour Law that very few people are talking about is the new mechanism under Part Eight (Settlement of Collective Labour Disputes, Strike, and Closure) for resolving collective labour disputes, and its confusing reference to arbitration and the Law of Arbitration in Civil and Commercial Disputes.

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Law Updates

CMA Issues Regulation for Online Insurance Services

The Capital Market Authority published in this week’s issue of the Official Gazette the Regulation Governing Electronic Insurance Operations. This regulation introduces new additional approval requirements for insurance companies and brokers wishing to provide their services on the internet. For example, Bima.om will now be required to comply with this regulation.

Categories
Intel Update

Intel Update: September 2023

Decree Intel is a database of original Omani legal research material that provides explanatory notesoverview of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Overview of the Oman Commercial Arbitration Centre: The Oman Commercial Arbitration Centre (مركز عمان للتحكيم التجاري) is an Omani public-interest private entity established in 2018. It provides arbitration, mediation, and conciliation services.

Overview of the Legislative Process in Oman: This document provides an overview of the process for issuing primary legislation (laws) and secondary legislation (regulations) in Oman. Even though the legislative process in Oman is formal and systematic, it is not actually outlined in full in any single legal instrument. The information on this page is collected through personal engagements with the Ministry of Justice and Legal Affairs and from explanatory material published in Arabic on its website.

Overview of Treaties in Oman: The Omani legal system grants treaties the power of law upon their ratification, making them extremely important. This document will provide an overview of treaties, the process under the Omani legal system for joining a treaty, and a highlight of some of the most important treaties that Oman routinely ratifies.

Fatwa Summary: MJLA Fatwa 192717255: The Ministry of Justice and Legal Affairs (MJLA) deemed that the contractor had no rights under a contract it signed with the government due to the failure to comply with the requirements of Royal Decree 48/76 regarding the Signing of Foreign and Domestic Financial Transactions. The MJLA noted in its fatwa that the contractor can take legal action against individuals in their personal capacity whose actions resulted in the contractor suffering harm.

Updated Content

Overview of the Court System in Oman: This document was updated to reflected the changes made by Royal Decree 63/2023.

Categories
Law Updates

Ministry of Interior Issues New Majlis Al-Shura Elections Regulation

The Ministry of Interior published in this week’s issue of the Official Gazette the Executive Regulation of the Members of Majlis Al-Shura Elections Law. This new regulation provides implementation details for the recently issued Members of Majlis Al-Shura Elections Law.