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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.

Categories
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.

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Law Updates

The Tender Board Issues Consolidated Procurement Regulation

The Tender Board published in today’s issue of the Official Gazette a brand new Regulation Governing Consolidated Procurement that requires government entities subject to the Tender Law to procure certain works and services through a new consolidated procurement procedure. The aim of this new procedure is to optimise government spending by obtaining better rates for routine works and services through consolidated purchases instead of procuring them individually by each government entity in an ad hoc manner.

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Events

Labour Law Seminar

We are delighted to invite you to a seminar on the new Labour Law generously hosted by the Ministry of Justice and Legal Affairs and delivered by Trowers & Hamlins on 25 September 2023, at the theatre of the Ministry of Justice and Legal Affairs.

This free event is open to members of the public, but registration is required on this link.

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Law Updates

MOCIIP Issues E-Commerce Regulation

The Ministry of Commerce, Industry, and Investment Promotion (MOCIIP) published a new Governance Regulation for Electronic Commerce in this week’s issue of the Official Gazette to regulate online stores.

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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.

Categories
Student Article

Dirty Business: Cyberattacks on Smart Cleaning Devices

This student article is written by Sheikha Al-Yaqoubi, Law Student 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 Internet-of-Things (IoT) is a term used to refer to “physical objects embedded with sensors and software that connect them to other devices and systems over the internet.”[1] Using the Internet of Things (IoT) reduces the burden of managing the household manually.[2] One of the most common households IoT devices are cleaning devices which can be defined as “machines that dispense cleaning agents automatically and adjust the quantities according to different factors (e.g., dirtiness, weight) and allow remote switching on or off.”[3] Unfortunately, as cleaning devices become more common and develop faster, the pace of developing protection techniques is not always able to keep up with the pace of the development of cleaning devices, which can result in an increased risk in cyber threats including cyberattacks.[4]

This article will explore cyberattacks carried through smart cleaning devices, the methods that the hackers can use to breach an online system, some tips to improve the safety of cleaning devices, and finally the regulation of cyberattacks in Omani law.