Monday, December 15, 2014

How to Manage Contract Risk in Procurement: Part 1 -- Overview

In a series of articles commencing this month, we look at the relevant issues facing procurement specialists when managing risk in procurement contracts and offer some guidance and assistance when doing so. We start this month with a general introduction and will, next month, deal with specific legal issues arising and how best to deal with them in order to minimise such risks.


Wednesday, December 10, 2014

An Overview of the Establishment of the Public Authority for Mining

In keeping with its aim to develop the mining sector to achieve optimal exploitation of mineral resources in a manner that will best serve the development goals in the Sultanate, the Ministry of Commerce and Industry (“MOCI”) issued Royal Decree 49 of 2014 on 21 September 2014 which established a Public Authority for Mining in Oman (the “Authority”).


Thursday, December 4, 2014

Construction Sector Update: How the Ministerial Decision No. 174/2014 May Affect Your Business

The Regulation of the Works of Institutions and Companies Operating in the Contracting Field (the “Regulation”), enacted pursuant to Ministerial Decision No. 174 of 2014, came into force on the 19th June 2014 with the aim to supervise construction companies and monitor their activities more closely and, in particular, with regards to ensuring that construction companies adhere to health and safety obligations as set out in the Regulation.


Tuesday, December 2, 2014

Legal Updates

Omanisation Percentage of Employees in the Electricity and Water Sectors

Ministerial Decision 284 of 2014 (“MD 284/2014”) which came into force on September 8, 2014 specifies the percentage of Omani employees working in the electricity and water sectors that must be complied with.


Tuesday, November 25, 2014

What Classifies as an Omani Product?

Under Omani Law there is no clear definition of “Omani Product.” In practice for the purposes of considering a product as an Omani Product, many ministries including the Ministry of Commerce and Industry (“MOCI”) looks into a product’s (a) origin and manufacture; and (b) outsourcing prior to classifying the product as an “Omani Product.”


Thursday, November 20, 2014

An Overview of the Amended Unified Agreement on the Investment of Arab Capital in the Arab States

The signing, in 1980, of the Unified Agreement on the Investment of Arab Capital in the Arab States (the “Agreement”) was an attempt by MENA countries to set up a regional and enforceable investment regime that would encourage nationals in the wealthy Arab States to invest in the region’s poorer countries. The purpose behind such signing was to strengthen overall Arab development and Arab economic integration.


Monday, November 10, 2014

Current Trends and Market Developments in the International Funds Industry

In evaluating a prospective investment in a collective investment vehicle, an investor should consider how such vehicle’s offering terms align not only with such investor’s commercial and risk profile, but also how such terms align with the terms offered in the broader international funds industry. This article provides an overview of current developments and market trends in the international funds industry that we have identified in connection with advising our clients on their investment activities.


Monday, November 3, 2014

The Civil Transactions Law and the Impact of the Muqawala Provisions on Construction

The Civil Transactions Law (the “Code”), enacted pursuant to Royal Decree 29 of 2013, and having come into force in Oman on August 13, 2013, is a codification of Omani (and to some degree Egyptian) jurisprudence, as developed over past decades. The Code contains a section on “Muqawala” (a contract to make a thing, or perform a task) which impacts directly on construction activities in Oman and is the focus of this article.


Wednesday, October 29, 2014

Legal Updates

RD 49/14 establishes the Public Authority for Mining

On September 22, 2014, RD 49/14 established the Public Authority for Mining (“Authority”) and its system. The Authority shall be affiliated with the MOCI and shall act as a legal entity with full authority and eligibility to own, manage, and dispense fixed and movable funds. The Royal Decree is effective from the date of its issuance.


Monday, October 27, 2014

How does Electronics Transactions Law impact Electronic Transactions in Oman?

Oman’s Electronic Transactions Law (promulgated by RD 69/08, as amended) (the “ETL”) governs electronic contractual agreements. The ETL shall apply to parties who agree to conduct their transactions electronically. Such consent by the parties is inferred from their conduct. Electronic transactions are contractual agreements that are “entered into or executed totally or partially through electronic records.”

This article briefly covers the fundamental principles of the ETL and how it may affect any contractual agreement entered into electronically.