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Law Updates

CPA Issues Amendments to the Consumer Protection Executive Regulation

The Consumer Protection Authority has issued an amendment to the Executive Regulation of the Consumer Protection Law. The amendment gives authority to the ministries to propose to the Council of Ministers amendments to the Consumer Protection Regulation, and if these amendments are approved by the Council of Ministers then the CPA has a legal obligation to issue these amendments.

Prior to this amendment the Council of Ministry had the authority to propose amendments, this new amendment makes it clear that all relevant entities can propose amendments to the Council of Ministers in this regard.

You can read the amendments in full in English on the link below:

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Guest Post

Enforcement of Foreign Judgments in Oman: The Significance of the Reciprocity Principle

This guest blog post is contributed by Dr Bader Al-Maskari – Assistant Dean of Postgraduate Studies and Research at the College of Law in Sultan Qaboos University.

Similar to most jurisdictions around the world, the enforcement of foreign judgments is a complicated matter in Oman in the absence of a bilateral treaty for the mutual recognition of judgments. Under Omani law, the enforcement of civil and commercial judgments is governed by article 352 of the Civil and Commercial Procedures Law promulgated by Royal Decree 29/2002. This article examines one of the key elements required by article 352: reciprocity in the enforcement of Omani judgments in the jurisdiction from which the judgment sought to be enforced is made.

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Law Updates

MTCIT Issues Amendments to the Carriage by Land Regulation

The Ministry of Transport, Communication, and Information Technology has issued amendments to the Executive Regulation of the Law of Carriage by Land. The amendments place special emphasis on installation of tracking systems on licensees for transporting goods. This obligation extends to vehicles not registered in Oman, when they enter or transit through its lands.

The regulation sets out an administrative penalty if the tracking systems are tampered with or re-installed by unauthorised entities amounting to a fine of 400 (four hundred) Rial Omani for the first time, which is doubled in the event of repetition, and will lead to cancellation of the licence when repeated for the third time.

You can read the amendments in full in English on the link below:

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Commentary

Oman Doubles Down on Hydrogen

Just before the end of business last Thursday, the Sultanate issued its first ever royal decree pertaining to the rapidly-developing field of hydrogen. Royal Decree 10/2023 Allocating Some Lands for the Purposes of Renewable Energy and Clean Hydrogen Projects is the first of its kind, earmarking sizable parcels of land purely for these projects.

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Law Updates

CAA Issues New Executive Regulation of the Civil Aviation Law

The Civil Aviation Authority has issued a new Executive Regulation of the Civil Aviation Law. This regulation is issued pursuant to the new Civil Aviation Law of 2019 and replaces the executive regulation of 2007.

The regulation addresses all stakeholders in the aviation sector including airports, manufacturers, carriers, and passengers. The regulation covers a variety of topics ranging from the requirement for forming a national airspace planning committee, the approval process for establishing airports, the regulation of aerodrome obstacles, the requirements relating to the operation and airworthiness of aircraft, the duties and authorities of the captain of the aircraft, licensing of carriers, exemption from civil aviation fees, and procedures for investigating aviation accidents in line with the Chicago Convention.

The regulation also covers wider topics relating to aviation such as meteorology and the CAA’s obligation to publish a regulation on passenger rights.

You can read the regulation in full in English on the link below:

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Law Updates

MOCIIP Issues National Product Brand Regulation

The Ministry of Commerce, Industry, and Investment Promotion issued earlier this month a regulation to govern the licensing of the national product brand that requires obtaining a licence before using the brand.

According to article 3, the brand can only be used in regard to products that achieve a minimum percentage of 20% local content. Article 8 also specifies the formula for calculating the percentage of local content by taking into account the ex-works price of the product and the value of the non-originating materials.

The licence is issued for a renewable period of 3 years. The penalties for violating the regulation include imposing a fine not exceeding 500 Rial Omani, suspending the licence for a period not exceeding 1 year, and revoking it.

You can read the regulation in full in English on the link below:

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Law Updates

NCSI Issues New Statistics and Information Regulation

The National Centre for Statistics and Information recently issued a new Executive Regulation of the Statistics and Information Law. The Statistics and Information Law was issued in 2019 replacing the Statistics Law of 2001, and this new regulation replaces the old Statistics Law Regulation of 2004.

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Law Updates

Ministry of Labour Issues New Job Performance Measurement System for Civil Servants

The Ministry of Labour recently issued a new System for Job Performance Measurement that applies to civil servants. This system requires all civil servants to set objectives and key results to be achieved during a specific period of time that are tied to the strategic goals of the entity and as agreed with their respective line managers. The system identifies five grades for the evaluation of civil servants, and stipulates that the names of those achieving the highest scores are published within the government entity in question.

The Ministry of Labour has been trialling this system under a programme named “Ejada” since the beginning of 2022. The issuance of this system marks its graduation from being a trial and its official adoption as a requirement on all civil government units.

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Monthly Digest

Decree Monthly Digest – January 2023

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

January was a relatively slow month for royal decrees as only seven royal decrees were issued and none of them related to the promulgation or amendment of laws. The first royal decree of the year was the usual royal decree ratifying the General Budget of the State for the year 2023, this was followed by two royal decrees declaring public benefit status to construct dams in Wadi Adnoub and Wadi Annar in Dhofar, and four royal decrees ratifying the following treaties: 

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Law Updates

Ministry of Interior Issues New Elections Tender System

The Ministry of Interior published in this week’s issue of the Official Gazette Ministerial Decision 16/2023 Issuing the Financial System for the Expenses, Disbursements, and Tenders of the Elections of the Members of Majlis Al-Shura and the Municipal Councils. This new system provides an alternative procurement process to that stipulated by the Tender Law and gives the Ministry of Interior new powers including the power to directly award contracts relating to works, services, and supplies for the elections up to the value of 245,000 Rial Omani without going through a tender.