Legal Updates - March 31, 2014

Ministerial Decisions Stops the Issuing of fresh visas to non-Omanis

The Ministry of Manpower issued two Ministerial Decisions No. 617/ 2013 and 618/2013 regulating certain professions. As per MD 617/2013, no work permits will be issued for a period of six (6) months to private sector companies whose core business activities are:  carpentry workshops, aluminum workshops, blacksmithing workshops and brick factories. This decision is not applicable to establishments registered under the excellent grade category and the international grade companies. The decision is effective from 1 January 2014.

MD 618/2013 provides that non-Omanis will not be issued work permits to work as car engineers, debt collectors, cashier and storekeepers.  MD 618/2013 does not specify any period of time for this restriction. The MD also does not specify that establishments registered under excellent grade category and international grade companies are excluded. The decision is effective from 1 January 2014.

Warranties Under the Civil Code

The Omani Civil Code, promulgated by Royal Decree 29/2013, has provided clarity and guidance on several key facets of commercial and civil transactions. One key area relates to warranties.

This article provides an overview in this regard.

Liability of Directors in Omani Companies

The Code of Corporate Governance

The Code of Corporate Governance (the “Code”) issued by the Capital Markets Authority and the Commercial Companies Law of Oman (promulgated by RD 4/74, as amended, “Company Law”) outlines the responsibilities of ‘Directors’ in Omani Companies and the liabilities which extend to them in this position. The Company Law applies to all joint stock companies and the Code is mandatory but only applies to public companies listed on the Muscat Securities Market.

Focus On: DUQM Special Economic Zone

In 2011, the Duqm Special Economic Zone (“SEZ”) was created pursuant to Royal Decree 119/2011. The aim of the SEZ is to contribute to the country’s GDP, to enhance the employment opportunities for Omanis and more importantly to boost the social and economic development of Wilayat Duqm. Since 2011, the SEZ continues to offer many opportunities for both Omanis and foreign investors.

Due Diligence - The Devil is in the Details

We continue our series of articles on acquisitions by looking at the topic of due diligence.

The Foreign Account Tax Compliance Act (March 2014)

FATCA stands for The Foreign Account Tax Compliance Act (“FATCA”) which was approved by the US Congress in March 2010. The law was scheduled to become effective from 1st January 2014, but the effective date has been postponed until 1st July 2014. This sweeping new law and its extraterritorial application is already influencing the behavior of Omani and other GCC banks and financial institutions and imposing structural, legal and commercial challenges on them to be compliant.

Oman's Ratification of the UN Convention Against Corruption

The Sultanate of Oman recently ratified the UN Convention against Corruption (the “UN Convention”) and consequently issued Royal Decree 64/2013 as the endorsement of the UN Convention. The ratification is in furtherance of the Sultanate’s decision to develop coordinated anti-corruption policies.