The Authority for Public Services Regulation has issued a new Regulation Governing the Activity of Charging Electric Vehicles to regulate the installation and operation of EV charging points.
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Oman Issues New School Education Law
A royal decree came out this week promulgating the School Education Law emphasising the government’s commitment to realising Oman Vision 2040, which sets out education and learning as a national priority. This law is groundbreaking because it is primary legislation that creates a holistic framework for governing school education.
The Ministry of Justice and Legal Affairs has recently issued Ministerial Decision 51/2023, which grants judicial enforcement status to certain employees of the Ministry of Labour within the scope of the Labour Law and its secondary legislation. This decision updates Ministerial Decision 2/2013, which previously outlined the judicial enforcement officers. Ministerial Decision 51/2023 essentially comprises a list of employees who are the Labour Law judicial enforcement officers.
Judicial enforcement officers are individuals granted legal authority to investigate crimes, identify perpetrators, and gather evidence for the purpose of investigation and prosecution. Given that the Labour Law plays a crucial role in driving the economy, it is important for private sector companies to be aware of the designated judicial enforcement officers within the Ministry of Labour.
You can read the decision in full in English on the link below:
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Oman Issues New Higher Education Law
A royal decree came out last week promulgating a brand new Higher Education Law that creates a holistic framework for governing higher education in Oman as opposed to the piecemeal approach found in the previous legal framework that governed private universities, private colleges, and scholarships separately.
The new Higher Education Law repeals the System of Private Universities of 1999, Royal Decree 42/99 regarding the Establishment of Private Colleges and Higher Institutes, and the Educational Scholarships, Grants, and Aid Law of 2002, and instead creates a unified approach for governing higher education in Oman. The new law regulates both public and private sector higher education establishments collectively and provides a general framework for higher education scholarships.
Even though this new law repeals three separate legal instruments, it is relatively short as it delegates many issues to the executive regulation, especially in regard to scholarship matters, which are now merely governed by four articles in this law.
Under the new law, a private higher education establishment is required to have its facilities ready for operation within a maximum period of 5 years and to have a board of trustees separate from its board of directors. The law prohibits the chairman of the board of directors to simultaneously hold the position of the chairman of the board of trustees of the university.
The royal decree promulgating the new Higher Education Law makes no reference to Royal Decree 67/2000, which granted certain exemptions and privileges to higher education establishments, and it is not clear if these provisions still apply or were implicitly repealed by the new law, which only makes mention of the tax exemption granted to higher education establishment for a period of five years renewable for an additional five years period.
The new Higher Education Law enters into force today. It can be read in full in English at the link below:
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Decree Monthly Digest – April 2023
Decree Monthly Digest is a summary of the most significant legislation issued in the previous month.
Royal Decrees
Six royal decrees were published in April, with the most significant being Royal Decree 19/2023 Promulgating the Maritime Law and Royal Decree 23/2023 regarding the Marriage of Omanis to Foreigners. The remaining royal decrees involved an amendment to the Law on Combating Narcotic Drugs and Psychotropics Substances and the declaration of public benefit status for the construction of dams in Bawshar, Al-Kamil Wal Wafi, and Liwa.
Ministerial Decisions
24 ministerial decisions were published in the Official Gazette during this month, with the most significant ones being APSR’s Water and Treated Water Supply and Wastewater Collection and Transport Services Customers Welfare Regulation, APSR’s Regulation on Accident Notification in the Water and Wastewater Sector, MOCIIP’s Regulation Governing the Practice of the Activity of Consumer Cooperative, MOSD’s Governance Regulation for Practising the Profession of Psychological Counselling and Family Counselling, and MHUP’s Decision Granting Small and Medium Enterprises Usufruct Right to Lands Owned by the State.
Blog Updates
Our blog featured a commentary article by Riyadh Al-Balushi titled “Is ChatGPT Legal Under Omani Law” exploring the relationship between copyright law and AI training, and an article by Mohamed Al-Tai titled “Five New Provisions in the Omani Maritime Law of 2023” outlining some of the key changes introduced by the new Maritime Law, along with a number of law updates on the new Maritime Law, APSR’s Accident Notification Regulation, APSR’s Water and Wastewater Customer Welfare Regulation, MOCIIP’s Consumer Cooperatives Regulation, and MOSD’s Psychological and Family Counselling Regulation.
As can be seen from our overview post of the new Omani Maritime Law, this law is massive and makes many changes to the way the maritime industry is governed. In this post, we will highlight five key changes introduced by this major legal instrument:
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Oman Issues New Maritime Law
The promulgation of the new Omani Maritime Law last month was definitely one of the most significant legal developments in the Omani legal system of this year. This law repeals the Maritime Law of 1981 and the Maritime Navigation Law of 1981. The new Maritime Law is massive and is composed of 9 parts and a total of 387 articles. This blog post will provide an overview of the content of each of the 9 parts of the new law.
The Ministry of Social Development issued a new Governance Regulation for Practising the Profession of Psychological Counselling and Family Counselling. This regulation replaces the Regulation for Private Counselling and Family Counselling Centres of 2013 and expands on the licensing requirements from a simple requirement to have the counselling centre licensed to a more comprehensive licensing requirement for each individual practitioner working in a counselling centre, in addition to the existing requirement to have the centre licensed as well.
The regulation provides a detailed procedure for obtaining the licence under several conditions, the most important being for the licence applicant to be an Omani or GCC national. The regulation makes a distinction between psychological counselling and family counselling, and provides different academic degrees and work experience requirements for licence applicants. Article 25 of the regulation provides for a mechanism to allow a visiting practitioner to provide services in the centre after the approval of the ministry, but it is not clear from the regulation if this is limited to Omani and GCC nationals.
The regulation entered into force on 26 April 2022, and existing centres have 6 months to comply with the regulation.
You can read the regulation in full in English on the link below:
The legal implications of generative artificial intelligence—such as ChatGPT, Dall-E, and Midjourney—are countless: From privacy issues relating to the processing of personal data without the permission of users, to civil and criminal liability of the information generated by these tools. However, one of the most interesting legal issues is the extent to which these new technologies conflict with copyright law, especially as AI tools such as ChatGPT have made it extremely easy to create what appear to be new works based on information freely available on the internet. The question here is simple: Do the works produced by ChatGPT violate the copyright protection of the underlying works from which ChatGPT obtained its information? Spoiler alert: Under Omani Copyright Law, the answer is yes.
The Ministry of Commerce, Industry, and Investment Promotion has issued this month a new Regulation for Governing Consumer Cooperatives, which allows members of a specific community to establish a cooperative company with the objective of providing and selling goods to that community. Cooperatives that satisfy the requirements of this regulation are entitled to be allocated government land through usufruct.
The new regulation mandates that the cooperative takes the form of a closed joint stock company, requires the approval of the governorate in which it intends to operate, requires that natural persons own at least 75% of the shares of the company, and sets the shareholding of each natural person in the company to a maximum of 5% of its total shares. The regulation permits one strategic partner with expertise in the coop industry to own a maximum of 25%.
The regulation requires cooperatives to obtain a licence from MOCIIP in order for them to operate, and requires MOCIIP to coordinate with the Ministry of Housing and Urban Planning to allocate government land to such cooperatives through usufurct.
The regulation was published in this week’s issue of the Official Gazette and comes into force after three months.
You can read it in full in English on the link below: