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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.

Categories
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.

Categories
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.

Categories
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. 

Categories
Monthly Digest

Decree Monthly Digest – August 2023

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

Decree Intel

Decree Intel was launched providing explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas to Decree subscribers. You can learn more about this in our announcement post.

Royal Decrees

No royal decrees were published in the Official Gazette in the month of August.

Ministerial Decisions

Five ministerial decisions were published in the Official Gazette during this month, with the most significant ones being MEM’s Amendment to the Executive Regulation of the Mining Law, MOH’s decision Specifying Medicines that May be Dispensed without a Prescription, EA’s Regulation on Environmental Permits, and SMEDA’s new SME Financing Regulation.

Events

Applications are still open for the Middle East School on Internet Governance co-hosted by Decree.

Blog Updates

Our blog featured two posts by Mohammed Al-Farsi titled “New Omani Labour Law: 5 Employee Rights and 5 Employer Rights” and “Banned Barbie: Censorship Law in Oman“, along with a guest post by Duniya Al-Nabhani titled “Protection of the Rights of the Disabled under Omani Law“, a guest post by Bassam Al-Balushi titled “Biotechnology: Ethical Dilemma and Financial Issues“, a guest post by Adeeb Al-Mazroui titled “Smart Homes and Privacy Risks“, and a guest post by Faris Al-Said titled “Ranked Choice Voting: A Missed Opportunity in the New Shura Elections Law“.

Other News

Decree signed an MOU with the Omani Lawyers Association to provide special subscription rates for small and medium Omani law firms.

Categories
Guest Post

Ranked Choice Voting: A Missed Opportunity in the New Shura Elections Law

This guest blog post is contributed by Faris Al-Said – Philosophy and Politics Graduate.

With the promulgation of the newly revised Majlis Al-Shura Elections Law, the country has taken steps forward towards a more robust framework for the elections of Majlis Al-Shura. The addition of detailed provisions for electronic voting will hopefully increase the accessibility of voting polls and puts it at the tip of our fingers, while the Electoral Grievance Committee will provide candidates as well as voters with a mechanism to voice grievances. This new law is a noteworthy legal development, but it still missed an opportunity to further improve voter representation through the introduction of ranked choice voting.

Categories
Law Updates

SMEDA Issues New SME Financing Regulation

The Small and Medium Enterprise Development Authority (SMEDA) published in this week’s issue of the Official Gazette a new SME Financing Regulation that replaces the SME Financing Regulation of 2022.