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Monthly Digest

Decree Monthly Digest – September 2022

Decree Monthly Digest is a summary of the most significant legislation issued in the previous month.

Two royal decrees were issued in September as summarised below:

Royal Decree 58/2022 Issuing Class I Licence to Oman Tower Company to Build and Operate Passive Infrastructure for Telecommunication Towers

Licences in the telecom sector are granted by royal decree in accordance with the provisions of the Telecommunications Law. This royal decree granted Oman Towers a licence to build and operate the passive infrastructure of telecommunication towers—which is the first and only licence of its kind granted in Oman.

Royal Decree 59/2022 Amending Some Provisions of Royal Decree 5/81 Governing the Usufruct of the Lands of the Sultanate and Its Executive Regulation

This royal decree introduced a number of amendments to the Executive Regulations of Royal Decree 5/81 Governing Governing the Usufruct of the Lands of the Sultanate of Oman, the most important of which is increasing the term of the right of usufruct of government land from 50 years to 99 years.


In addition to the royal decrees mentioned above, several ministerial decisions were issued last month, with the following decisions being some of the most significant:

Telecommunication Regulatory Authority: Decision 1152/2/3/2022/1 Issuing the Regulation Governing the Provision of Voice or Video Telecommunications Service Over Internet Protocol

This decision creates a new framework for obtaining permits to provide VoIP and video calling services in Oman, and it imposes a set of new conditions on the providers of such services including a requirement to retain all equipment and data centres physically in Oman.

Ministry of Housing and Urban Planning: Ministerial Decision 192/2022 regarding the Usufruct of Land Designated for the Construction of Private School Establishments

This decision creates a new framework for granting usufruct right for the construction of private schools that sets maximum areas for the usufruct depending on the school type and the specific periods of usufruct for such uses.

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Commentary

The National Data Strategy: Key Concepts

The National Centre for Statistics and Information (NCSI) published last week the legal framework for the governance of public sector data in the form of a National Data Strategy. Even though the name does not sound like it, the National Data Strategy is a legal instrument equivalent to secondary level legislation exactly identical to a regulation issued by a ministerial decision. This legal instrument governs the whole life cycle of public sector data, provides a framework for the exchange and release of this data, and establishes a system for the designation of national base registries for key public sector datasets, among many other things. This post highlights some of the key concepts found in this strategy.

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Announcements

Decree Launches Ministerial Decisions Index

It has been less than eight months since Decree was launched, and it has already become the definitive source for accessing Omani laws and royal decrees in English. However, even though Decree is the biggest English language index and repository of Omani legislation available anywhere, the reality remains that Decree has only provided access to a portion of Omani legislation, namely, primary legislation in the form of royal decrees and laws.

As our users are fully aware, primary legislation provides only the general legal principles of the law, while the technical details are found in secondary legislation issued through ministerial decisions. These decisions are issued separately from royal decrees and at a later time.

Today, we are taking the first step at addressing this gap in our content by launching a complete English language index of all ministerial decisions published in the Official Gazette from 1972 onwards, which brings up the total of titles found on Decree to over 9,000 royal decrees, ministerial decisions, and treaties.

At this moment, the ministerial decisions section of Decree is merely an index that provides access to the original Arabic version along with a machine translated version generated using Google Translate service. This, of course, is only a temporary situation as we experiment with translating key ministerial decisions as they come out, and hopefully eventually provide a full translation of all new ministerial decisions immediately upon their publication.

You can navigate our ministerial decisions index by browsing the Ministerial Decision Section, by using Decree’s search engine, and by navigating through the tags found under each ministerial decision.

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Monthly Digest

Decree Monthly Digest – July 2022

Decree Monthly Digest is a summary of the most significant royal decrees and laws issued in the previous month.

Two royal decrees were issued in July as summarised below:

Royal Decree 56/2022 Promulgating the System of the Oman Chamber of Commerce and Industry

OCCI’s new system replaces OCCI’s system of 2017 and introduces a number of changes including a new structure for the OCCI board of directors in which a number of seats is now reserved for elected representatives of companies listed on the Muscat Stock Exchange and one seat is reserved for an elected foreign investor resident in Oman.

Royal Decree 57/2022 Reorganising the Oman Human Rights Commission

This royal decree issued the first comprehensive system for governing the work of the Oman Human Rights Commission, which was established in 2008. The system sets the general framework of how the commission operates and explicitly states that its decisions are made by the majority vote of the representatives of civil society on the commission.

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Monthly Digest

Decree Monthly Digest – June 2022

Decree Monthly Digest is a summary of the most significant royal decrees and laws issued in the previous month.

The month of June was the busiest month this year so far in terms of royal decrees with 24 royal decrees issued in a single month covering a change in the membership of the Council of Ministers, a restructuring of the judiciary, the promulgation of two new laws, the amendment of three laws, and more. The highlights of these royal decrees are as follows:

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Commentary

Royal Decree 35/2022: The Judiciary Overhauled

The Omani judiciary had a major overhaul last week with Royal Decree 35/2022 which re-constituted the Supreme Judicial Council, abolished the administrative court, and brought the Public Prosecution under the supervision of the judiciary. This significant development is part of the efforts of Sultan Haitham to re-structure the Omani government, which had previously included a major restructuring of the executive branch of the government and has now addressed the judiciary.

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Commentary

World Environment Day: Decarbonisation

Today is World Environment Day—a day dedicated to celebrating and raising awareness about the environment, so I thought I would write a bit about ‘decarbonisation’: what it is, why we need it, and how we can achieve it.

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Monthly Digest

Decree Monthly Digest – May 2022

Decree Monthly Digest is a summary of the most significant royal decrees and laws issued in the previous month.

Six royal decrees were issued in May and none of them related to the promulgation of any new laws. These royal decrees can be summarised as follows:

Royal Decree 24/2022 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of the United States of America concerning Employment of Spouses of Official Employees

This decree ratified a new agreement between Oman and the US that grants spouses of embassy staff of one country the right to work in the other country without the need to obtain a work visa or the need to have a sponsor. This is a unique treaty that Oman has not signed with any other country before, but it affects a very small number of people (spouses of embassy staff).

Royal Decree 25/2022 Reinstating Omani Nationality

This royal decree reinstated Omani nationality to a number of individuals in accordance with the provisions of the Omani Nationality Law.

Royal Decree 26/2022 Making Military Promotions and Appointments in the Royal Office and Royal Decree 28/2022 Making Military Promotions and Appointments in the Ministry of Defence

These two royal decrees made a variety of appointments in the Royal Office and the Ministry of Defence, including appointing the president of the newly established Strategic and Defence Studies Academy.

Royal Decree 27/2022 Establishing the Strategic and Defence Studies Academy and Promulgating Its System

This royal decree established a new government entity, and moved the National Defence College, the Joint Command and Staff College, and the Strategic and Defence Studies Centre from the Ministry of Defence to be under it. This new academy is still subordinate to the Ministry of Defence and has a board of trustees chaired by the Minister of Defence.

Royal Decree 29/2022 Ratifying the Cooperation Agreement in the Field of Maritime Transport between the Government of the Sultanate of Oman and the Government of the Islamic Republic of Iran

This royal decree ratified an agreement between Oman and Iran on maritime transport and it grants shipping companies of either party the rights to national treatment and freedom of transfer of earnings, along with other rights.

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Announcements

Treaties Section Launched on Decree

We are launching on Decree today a new section for publishing the full text of treaties ratified by royal decree. 

In Oman, treaties obtain the power of law upon their ratification by royal decree and become directly applicable in a manner identical to domestic legislation. Therefore, they are key legislative instruments that all legal professionals need to access. 

The treaties section on Decree is identical to the treaties section on Qanoon, and has over 600 bilateral and multilateral treaties that Oman has ratified from 1974 onwards in the area of taxation, free trade, investment, environment, human rights, and all other aspects of life.

Treaties uploaded to Decree are tagged by counterparty and topic. This will enable our users to easily view all the treaties signed with, for example, the United Kingdom, or view all the treaties signed in the area of, for example, avoidance of double taxation.

You can also browse all the treaties available on Decree by using the brand new Browse button found on the main page of Decree.

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Monthly Digest

Decree Monthly Digest – April 2022

Decree Monthly Digest is a summary of the most significant royal decrees and laws issued in the previous month.

Ten royal decrees were issued in April and one of them related to the amendment of a law (the Law of the Administrative Court). These royal decrees can be summarised as follows:

Royal Decree 14/2022 Amending Some Provisions of the System of the Administrative Apparatus of the State

The System of the Administrative Apparatus of the State governs at a high level how government entities are created and managed. This royal decree modified this system by introducing provisions that grant the Council of Ministers the power to exempt certain public authorities and establishments from having a board of directors, and also created a mechanism for appointing an accounts auditor for public authorities and establishments.

Royal Decree 15/2022 Amending Some Provisions of Royal Decree 31/2012 Establishing the National Centre for Statistics and Information

This royal decree removed NCSI from being under the supervision of the Ministry of Economy and instead made it directly subordinate to the Council of Ministers.

Royal Decree 16/2022 Granting Omani Nationality

This royal decree granted Omani nationality to a number of individuals in accordance with the provisions of the Omani Nationality Law.

Royal Decree 17/2022 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of the Republic of Chile on the Mutual Visa Exemption for Holders of Diplomatic, Special, Service, and Official Passports and Royal Decree 21/2022 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of the People’s Republic of Bangladesh on the Mutual Visa Exemption for Holders of Diplomatic, Special, Service, and Official Passports

These two decrees ratified a visa exemption agreement between Oman and Chile and another one between Oman and Bangladesh. This is a routine agreement that Oman signs with countries from around the world to facilitate the travel of certain classes of diplomats and government officials (i.e. holders of diplomatic, special, and service (mission) passports). Since none of these passports is usually held by ordinary Omani citizens, such agreements do not have a significant impact on the travel of Omani people at large. Read the Law of the Omani Passport to learn more about the different kinds of passports issued by the Omani government.

Royal Decree 18/2022 Amending Royal Decree 95/2020 Determining the Competences of the Ministry of Information and Adopting Its Organisational Structure

This royal decree modified the organisational structure of the Ministry of Information. The actual details of the new structure are not yet available as the attachment of the royal decree will only be made public when the Official Gazette is published after the Eid holiday.

Royal Decree 19/2022 Appointing an Undersecretary for the Ministry of Information

This royal decree appointed Mohammed bin Said bin Mohammed Al-Balushi as the Undersecretary of the Ministry of Information. His Excellency Mohammed Al-Balushi was previously the undersecretary of the same ministry for radio and television, and he has now become the only undersecretary in the ministry for all of its functions. We assume that the new structure of the ministry only has one undersecretary and not two.

Royal Decree 20/2022 Extending the Membership of the Members of the Oman Human Rights Commission

The Oman Human Rights Commission is a government entity established in 2007 for monitoring the protection of human rights in the country. The members of the commission are appointed by royal decree from among the members of Majlis Al-Shura, Majlis Oman, OCCI, along with civil societies and members of the public at large for a period of three years for each term. This royal decree extended the membership of the existing members until the end of next year.

Royal Decree 22/2022 Approving the Accession of the Sultanate of Oman to the Amendment to the Convention on the Physical Protection of Nuclear Material

This royal decree ratified an amendment to the IAEA Convention on the Physical Protection of Nuclear Material. This amendment extends the scope of the original convention to cover the physical protection of nuclear facilities and nuclear material used for peaceful purposes in domestic use, storage, and transport.

Royal Decree 23/2022 Amending Some Provisions of the Law of the Administrative Court

This royal decree made some changes to the Law of the Administrative Court, i.e. the court that has the jurisdiction to hear cases against government administrative decisions and in regard to the implementation of administrative government contracts. The details of the amendments are not yet available as the attachment will only be made public when the Official Gazette is published after the Eid holiday.