STA Law Firm https://www.stalawfirm.com/en.htmlSTA Law Firm - Legal Updates enCopyright 2024 STA Law Firm All Rights Reserved<![CDATA[Qatar: Cabinet sanctions draft legislation to amend penal code]]> Qatar: Cabinet sanctions draft legislation to amend penal code

Deputy Prime Minister and Minister of State for Defense Affairs, HE Dr. Khalid bin Mohammed Al Attiyah, chaired the Cabinet's regular meeting at the Amiri Diwan on Wednesday morning. Post-meeting, the Minister of Justice and Minister of State for Cabinet Affairs released a statement outlining the Cabinet's deliberations. The agenda included acknowledgment of the Shura Council's approval of a draft law for regulating real estate registration and the approval of amendments to certain provisions of the Penal Code (Law No. 11 of 2004) and the Qatar Financial Center Law (Law No. 7 of 2005), with both amendments referred to the Shura Council. The Cabinet also moved to ratify a Memorandum of Understanding (MoU) for establishing a bilateral consultation mechanism between the governments of the State of Qatar and the Republic of South Africa, and another MoU between Qatar and Georgia for mutual recognition of maritime qualification certificates for seafarers. Additionally, a draft MoU was approved for collaboration in combating crime, between the Ministry of Interior in Qatar and its counterpart in the Arab Republic of Egypt.

 

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Sat, 09 Mar 2024 12:00:00 GMT
<![CDATA[Canada's Supreme Court Affirms Constitutional Protection for IP Address Privacy]]> Canada's Supreme Court Affirms Constitutional Protection for IP Address Privacy

In a landmark decision, the Supreme Court of Canada recently ruled 5-4 in a case concerning the protection of Canadians' internet protocol (IP) addresses from unreasonable search. The court held that Canadians' IP addresses are constitutionally protected under Section 8 of the Canadian Charter of Rights and Freedoms, requiring law enforcement to obtain prior judicial authorization before accessing them for criminal investigations.

Writing for the majority, Justice Karakatsanis emphasized the importance of safeguarding online privacy, stating that IP addresses must be protected to ensure meaningful protection of Canadians' online privacy rights. The decision recognized that IP addresses can reveal significant information about individuals' online activities and identities, warranting constitutional protection. However, the dissenting opinion, penned by Justice Côté, argued against the expansion of what IP addresses could reveal and questioned the level of control individuals have over this information. Despite dissent, the majority's decision underscores the need for judicial oversight in regulating state access to digital information and balancing law enforcement needs with individual privacy rights.

The ruling has broader implications for digital privacy rights globally, referencing Article 8 of the European Convention on Human Rights and a related decision by the European Court of Justice. This highlights the international significance of these issues and the need for consistent legal standards to protect individuals' digital privacy rights.

The decision represents a significant development in the ongoing debate over digital privacy rights, reaffirming the importance of constitutional protections in the digital age and setting a precedent for future cases involving online privacy. The ruling establishes clear guidelines for protecting citizens' privacy in an increasingly interconnected world, acknowledging the inherent challenges posed by the digital environment and the need for robust legal frameworks to address them.

 

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Mon, 04 Mar 2024 12:00:00 GMT
<![CDATA[Penalty in UAE: Up to Dh500,000 Fine for Misleading Residents with False Advertisements]]> Penalty in UAE: Up to Dh500,000 Fine for Misleading Residents with False Advertisements

A firm warning has been issued in the UAE against deceptive advertising and promotions targeting consumers. Those found guilty of violating the law could potentially face imprisonment and fines of up to Dh500,000 under Article 48 of Federal Decree-Law No. 34 of 2021 on Combatting Rumours and Cybercrimes.

The UAE Public Prosecution has emphasized the severe repercussions for individuals misleading consumers through a video shared on its social media platforms. As per the law, individuals utilizing information networks, Information Technology solutions, or online platforms to spread false information about products or services could face imprisonment and fines ranging from Dh20,000 to Dh500,000, or both. Moreover, the law extends to anyone promoting goods or services through misleading advertisements or using fabricated data. Furthermore, it addresses activities such as advertising, promoting, brokering, or dealing in virtual or digital currencies without proper authorization from relevant authorities.

This measure aims to deter individuals who exploit technology to disseminate misleading information about goods or services.

 

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Sun, 25 Feb 2024 12:00:00 GMT
<![CDATA[UAE Introduced a New Law Concerning Federal Properties]]> UAE Introduced a New Law Concerning Federal Properties

The UAE has introduced a fresh legislation concerning federal properties, signaling a commitment to enhancing their governance and development. This new law, identified as Federal Decree-Law No. 35 of 2023, marks a significant stride in refining the management of diverse federal assets, including real estate holdings. A central feature of this legislative update is the establishment of an advanced electronic platform for cataloging federal real estate properties, ensuring their protection, management, and upkeep. This digital initiative underscores the nation's commitment to transparency and aligns with its broader digitalization agenda.

Moreover, the decree-law provides clarity on the definition and registration procedures for federal real estate assets, resolves ambiguities in asset management and utilization, and introduces strategies for maximizing government asset returns through efficient leasing and utilization practices. It also allows for flexibility to cater to the specific needs of federal entities, ensuring alignment with their respective roles and responsibilities. In addition to addressing real estate assets used for public services like roads, railways, and bridges, the law also covers movable assets supporting these properties and non-real estate federal properties. It establishes regulations for managing private federal properties and non-real estate assets not dedicated to public service, including acquisition, use, and sale, as well as coordinating with local authorities for asset recovery or transfer to local governments.

The decree-law delineates management rules for federal properties within and outside the state, sets leasing guidelines for private properties, and outlines requirements for utilizing and benefiting from federal assets. It stresses compliance with local urban planning and building regulations to ensure optimal utilization. Federal Decree-Law No. 35 will supersede Federal Decree-Law No. 16 of 2018 concerning federal government real estate properties upon its effective date of March 28, 2024. The complete text of the decree-law is available on the UAE Legislation platform.

 

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Tue, 20 Feb 2024 12:00:00 GMT
<![CDATA[UAE companies faced fines for 33,000 instances of salary non-payment in 2023]]> UAE companies faced fines for 33,000 instances of salary non-payment in 2023

In 2023, authorities in the UAE identified 33,000 instances where companies failed to pay employee salaries using the Wage Protection System (WPS). The Ministry of Human Resources and Emiratisation (MoHRE) took action against these companies, imposing administrative penalties without specifying the exact nature or amount of fines.

The penalties for non-compliance with the WPS, a mandatory electronic salary transfer system for all employers registered with the MoHRE, can include the suspension of work permit issuance and financial fines. Furthermore, the ministry referred 509 companies to the Public Prosecution for operating without the necessary licenses, while 55 cases involved companies recruiting workers without proper authorization, resulting in the closure of five social media accounts engaged in unlicensed recruitment activities.

Additionally, the MoHRE imposed administrative penalties in over 1,200 cases involving the submission of false documents or data to obtain services, as well as 76 cases of worker accommodations failing to meet established standards. Overall, the ministry recorded 75,000 violations during 430,000 inspection visits conducted throughout the year. These violations encompassed various areas, including non-compliance with Emiratisation decisions, fake Emiratisation practices, violations of the Midday Break regulations prohibiting outdoor work during extreme heat, failure to report work-related incidents, and unlawful transfer of recruitment expenses to workers.

The Inspection Sector at MoHRE operates according to ethical and legal labor inspection standards, ensuring transparency and confidentiality while conducting inspections responsibly and respecting the integrity of employers and employees alike.

 

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Thu, 15 Feb 2024 12:00:00 GMT
<![CDATA[An insurance company in the UAE has been fined Dh1.2 million for failure to comply with regulations]]> An insurance company in the UAE has been fined Dh1.2 million for failure to comply with regulations

The Central Bank of the UAE (CBUAE) has imposed a financial penalty of Dh1.2 million on an insurance company operating within the Emirates. This penalty was enforced in accordance with Article 14 of Federal Decree Law No. (20) of 2018 concerning Anti-Money Laundering and Combating the Financing of Terrorism and Financing of Illegal Organizations (AML/CFT). The sanction was levied following a routine examination conducted by the Central Bank, which revealed deficiencies in the insurance company's AML/CFT policies and procedures.

Through its supervisory and regulatory responsibilities, the Central Bank ensures that all insurance companies, along with their owners and staff, comply with UAE laws, regulations, and standards established by the CBUAE. This oversight aims to uphold transparency and integrity within the insurance sector and the broader UAE financial system.

 

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Sat, 10 Feb 2024 12:00:00 GMT
<![CDATA[Kuwait has modified the regulations for dependent visas for expatriates]]> Kuwait has modified the regulations for dependent visas for expatriates

The Ministry of Interior in Kuwait has announced significant revisions to the application procedure for dependent visas. This decision follows the directives of Sheikh Fahd Al Yousef, Deputy Prime Minister, Minister of Defense.

According to the updated regulations, expatriates seeking to bring their families to Kuwait will now encounter more stringent criteria. The revised policy stipulates a minimum salary threshold of 800 Kuwaiti dinars for eligibility. Furthermore, applicants must possess a university degree, and their employment in Kuwait must align with their academic qualifications.

These adjustments are part of an initiative to streamline the issuance process for dependent visas, ensuring that expatriates applying for family visas meet specific criteria. Additionally, the changes aim to regulate the expatriate community in Kuwait, with a focus on attracting and retaining highly skilled and educated professionals.

 

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Tue, 06 Feb 2024 12:00:00 GMT
<![CDATA[Kuwait has introduced online permits for part-time work through an electronic platform]]> Kuwait has introduced online permits for part-time work through an electronic platform

Kuwait's Public Authority of Manpower (PAM) has introduced online part-time work permits through Sahel, an electronic government services platform. This initiative is geared towards fulfilling labor market requirements and offering employers a convenient facility.

The policy, which came into effect last month, includes a related decree from the Interior Ministry imposing a maximum of four hours per day for the second part-time job. Individuals seeking to work beyond this limit must obtain an additional permit from PAM. However, the contracting sector, experiencing a labor shortage, is exempt from this time restriction.

Authorities have stated that this measure is intended to utilize existing manpower within Kuwait rather than recruiting labor from overseas. This approach aims to address demographic imbalances within the country while simultaneously meeting the demands of the job market.

In line with its "Kuwaitisation" employment policy, the country is proactively addressing its population imbalance by substituting foreign workers with its own citizens. Foreigners currently make up approximately 3.2 million of Kuwait's total population of 4.6 million.

 

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Wed, 31 Jan 2024 12:00:00 GMT
<![CDATA[A strategy to Saudise 23,000 positions within the transport and logistics sector is underway]]> A strategy to Saudise 23,000 positions within the transport and logistics sector is underway

In pursuit of bolstering employment opportunities for Saudi citizens, the Saudi government has embarked on an initiative aimed at generating 23,000 jobs within the transport and logistics sector. Assistant Minister of Transport and Logistics Services, Ahmed Al Hassan, disclosed that the ministry's initiative targets the localization of 10,000 positions in heavy transport, 3,000 in passenger transportation, and an additional 10,000 in air transport.

Aligned with its commitment to "Saudisation," a labor policy aimed at increasing employment opportunities for Saudi nationals, the Saudi government has implemented various measures. In December, labor authorities announced the localization of sales, purchases, and project management roles, initially targeting a 15% Saudization rate in sales professions. The Ministry of Human Resources has extended support to private sector institutions through incentives and programs facilitating the recruitment and training of Saudi employees.

Furthermore, the Ministry of Health unveiled plans in September to localize the dental profession, with an initial target of achieving a 35% Saudization rate by March. The ministry is actively monitoring the implementation of this decision to enhance Saudi citizens' participation in the labor market.

Additionally, ministerial decrees issued in mid-2022 have restricted certain job sectors exclusively to Saudi citizens, including optics, customer services, licensed aviation professions, sales outlets, and car periodic checks. These measures underscore the government's dedication to prioritizing employment opportunities for Saudi nationals across various sectors.

 

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Thu, 25 Jan 2024 12:00:00 GMT
<![CDATA[Saudi Arabia Unveils Investor-Friendly Visa Categories]]> Saudi Arabia Unveils Investor-Friendly Visa Categories

Saudi Arabia has launched five new visa categories, termed 'Premium Residency products,' designed to draw skilled professionals and investors, thereby bolstering the nation's position as an international center.

This move is part of the Kingdom's strategy to accelerate its economic evolution, aiming to generate job opportunities and promote the exchange of expertise. The new visa types include Special Talent, Gifted, Investor, Entrepreneur, and Real Estate Owner Residency. These visas will provide unprecedented opportunities for individuals to establish residency in Saudi Arabia.

Dr. Majid bin Abdullah Alkassabi, Chairman of the Board at the Premium Residency Centre, presented the five new Premium Residency products. He stressed that these initiatives will fast-track Saudi Arabia's progression towards a diversified, knowledge-driven economy across various sectors. Dr. Alkassabi further noted that all Premium Residency products are accessible to individuals capable of contributing to the national economy and playing a significant role in Saudi Arabia's swift developmental strides under the Saudi Vision 2030 framework.

 

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Sat, 20 Jan 2024 12:00:00 GMT
<![CDATA[President of the UAE forms council dedicated to international humanitarian efforts]]> President of the UAE forms council dedicated to international humanitarian efforts

A new council has been established in the UAE to oversee matters related to international humanitarian projects and philanthropy. His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the UAE, issued a decree for the creation of the International Humanitarian and Philanthropic Council. The roles of the council in the international humanitarian and philanthropic sector include overseeing, reviewing and approving policy agendas, managing project preparation and implementation, developing the sector's future vision and general project frameworks, and forming necessary subcommittees to support operations.

The council will be led by Sheikh Theyab bin Mohamed bin Zayed Al Nahyan, Chairman of the Office of Development and Martyrs Families Affairs at the Presidential Court. Its members include Reem Ibrahim Al Hashimy, Minister of State for International Cooperation; Maryam bint Mohammed Saeed Hareb Al Mheiri, Minister of Climate Change and Environment; Shamma bint Suhail Al Mazrouei, Minister of Community Development; Faris Mohammed Ahmed Al Mazrouei, Adviser to the Presidential Court; Dr. Hamdan Musallam Al Mazrouei, Chairman of the Board of Directors of the Emirates Red Crescent; Mohammed Saif Al Suwaidi, Director-General of the Abu Dhabi Fund for Development; and Sultan Mohammed Al Shamsi, Assistant Minister of Foreign Affairs and International Cooperation for International Development Affairs.

The council will integrate various committees, including the Joint Strategic Committee for African Cooperation, UAE Humanitarian Committee, Higher Committee for Foreign Aid, and International Health Advisory Committee.

 

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Sun, 14 Jan 2024 12:00:00 GMT
<![CDATA[Canada Halts Funding for Security-Threatening Foreign-affiliated Research]]> Canada has announced its decision to discontinue funding for research affiliated with foreign entities that poses a threat to national security

Canada unveiled its strategy to safeguard domestic research against national security risks. The government plans to cease funding research in sensitive technology areas that involve institutions linked to foreign military, national defense, or state security entities posing potential threats to Canada's security.

As part of the protection plan, the Canadian government published a list of Sensitive Technology Research Areas encompassing advanced technologies susceptible to misappropriation. These areas include digital infrastructure, energy, sensing and surveillance, weapons, artificial intelligence, big data, quantum science, and materials and manufacturing technologies.

Addressing concerns about racial profiling, the Canadian government reiterated that the list is evidence-based on national security risks and not intended to target specific groups or countries. Director of the Canadian Security Intelligence Service David Vigneault cautioned about potential labeling effects during the Five Eyes Alliance conference in October 2023.

Since February 2023, Canada has mandated research councils to reject grant applications involving sensitive research linked to foreign state-connected entities, citing national security. Canadian universities and the U15 Group of Canadian Research Universities were also required to adopt similar guidelines for their research partnerships.

 

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Mon, 08 Jan 2024 12:00:00 GMT
<![CDATA[UAE introduces New Federal Legislation for Public-private Partnerships]]> UAE introduces New Federal Legislation for Public-private Partnerships

The United Arab Emirates has introduced a new law to oversee public-private partnerships, which became effective on December 1, as reported by the state news agency. In addition to this federal law, individual Emirates, like Dubai, have their distinct regulations for managing PPPs.

This new federal law is designed to enhance private sector involvement in government-led developmental and strategic initiatives by encouraging more investment and the contribution of technical expertise and knowledge, according to the WAM announcement.

The legislation is applicable to any PPP project initiated by a federal body and financed wholly or in part by the private sector.

Comprising seven emirates at different stages of economic progress, with Abu Dhabi and Dubai being the leaders, the UAE is focusing on federal projects to promote growth in the less developed emirates. This approach is part of the country's strategy to reduce its dependence on oil and gas revenues.

 

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Wed, 27 Dec 2023 12:00:00 GMT
<![CDATA[UAE launches National Genome Strategy]]>UAE launches National Genome Strategy   The UAE has unveiled its National Genome Strategy, a comprehensive initiative overseen by the Emirates Genome Council. This strategic framework involves collaboration with key stakeholders, including the Ministry of Health and Prevention, Emirates Health Services Establishment, and academic institutions like Khalifa University and NYU Abu Dhabi. Over the next decade, the strategy aims to revolutionize the healthcare sector by focusing on preventive medicine programs targeting genetic risk and precision medicine initiatives addressing genetic and rare diseases. The anticipated outcomes include a reduction in disease prevalence, early intervention, and identification of optimal treatments, ultimately leading to cost savings in the health sector. Beyond its impact on public health, the National Genome Strategy is expected to create economic opportunities in the UAE. By attracting partnerships in artificial intelligence, advanced medical care, pharmaceuticals, and research and technology, it aims to position the country at the forefront of innovation. Additionally, the initiative is set to foster the development of specialized local talent, generating jobs and opportunities in emerging industries. ]]>Wed, 20 Dec 2023 00:00:00 GMT<![CDATA[UAE Cabinet Resolution unveils a New Regulations for Unmanned Aircraft]]> UAE Cabinet Resolution unveils a New Regulations for Unmanned Aircraft


In response to Federal Decree by Law No. (26) of 2022, which regulates the civil use of unmanned aircraft, the UAE Federal Government has issued Cabinet Resolution No. (110) on the UAE Regulation for Unmanned Aircraft of 2023 ("Cabinet Resolution"). This resolution aims to elaborate on the governance rules for unmanned aircraft, including drones, across all emirates and free zones. The focus is on regulatory compliance, encompassing certification, documentation, and responsibilities for manufacturers and importers.

Key requirements are when the Unmanned aircraft, whether they are being imported, sold, assembled, manufactured, or operated in UAE airspace, are required to obtain approvals from both the General Civil Aviation Authority (GCAA) and the relevant aviation authority in the respective emirate (Article 3(1)). Additionally, approvals are compulsory for any design modifications or major repairs of unmanned aircraft (Article 3(8)). A prerequisite for compliance includes obtaining certificates and labels from the Ministry of Industry and Advanced Technology (MoIAT) (Article 3(2)). Furthermore, the submission of comprehensive technical documentation, covering product description, designs, drawings, technical specifications, and test reports, is mandated to MoIAT (Article 6). Unmanned aircraft are required to exhibit illustrative marks in both Arabic and English, aligning with standards established by the Telecommunications Regulatory Authority and the Digital Government (TDRA) (Article 3(6)). Additionally, they must be fitted with a tracking system, which includes data transmission and has approval from both the Cyber Security Council and TDRA (Article 3(7)).

Article 4 delineates the comprehensive application procedures for acquiring a Certificate of Conformity and a Product Condition Statement. Adherence to the Standard Specifications outlined in Annex A is obligatory to obtain the Certificate of Conformity (Article 12). Importantly, importers and manufacturers of unmanned aircraft benefit from a grace period of 180 days starting from the effective date of the resolution to align with its provisions.

 

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Fri, 15 Dec 2023 00:00:00 GMT
<![CDATA[The UK Government has unveiled a Strategy Aimed at Reducing Legal Migration]]> The UK Government has unveiled a Strategy Aimed at Reducing Legal Migration

The UK government has recently unveiled a strategy aimed at reducing migration levels in response to mounting pressure on Prime Minister Rishi Sunak to address net migration figures. The plan, revealed on Monday, includes several measures such as raising the minimum salary required for skilled overseas workers and prohibiting care workers from bringing dependents to the UK. The overarching objective is to decrease legal migration by 300,000 people.

Outlined as a five-point plan, the strategy involves elevating the minimum salary for skilled overseas workers from £26,200 to £38,700 and preventing care workers from bringing their dependents to the UK. Additionally, the plan suggests discontinuing the use of a 20 percent salary discount for shortage occupations, increasing the fee for foreign workers accessing the NHS, and calling on the Migration Advisory Committee to review the graduate visa route.

Rishi Sunak has been under growing pressure to reduce migration numbers, particularly in the wake of the record figure of 745,000 in 2022 and setbacks related to the government's Rwanda deportation policy. The Conservative party, since its election in 2010, has consistently pledged to decrease net migration, and the Brexit "leave" campaign was centered around the idea of "taking back control" of the UK's borders. Sunak emphasized that immigration was too high and declared that he was taking "radical action to bring it down."

These changes have sparked criticism from unions, migrant rights charities, and opposition politicians. Shadow Home Secretary Yvette Cooper characterized the plan as an "admission of years of Tory failure on the economy and immigration." Meanwhile, Unison, one of the UK's largest trade unions, asserted that the "Home Secretary's announcement of new immigration plans will sacrifice migrant care workers and risk a total collapse of the UK's care system, just to appease Tory backbenchers."

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Sun, 10 Dec 2023 12:00:00 GMT
<![CDATA[Amendments in UAE’s Personal Status law]]> Amendments in UAE's Personal Status law

In a recent effort to modernize the nearly two-decade-old personal status law in the United Arab Emirates (UAE), the country has enacted Federal Decree Law No. 50/2023, amending certain provisions of Federal Law No. 28 of 2005 regarding Personal Status. These amendments, effective as of November 30, 2023, are applicable to all matters related to personal status law for Muslims in the UAE.

The key highlights of the revised legislation.

Custodial Mother's Educational Authority where the latest amendments confer educational authority over a child to the custodial mother, with the condition that such authority serves the child's best interests. This marks a departure from the previous norm, where the father, as the child's guardian, held responsibility for the child's education.

Dispute Resolution for Child's Best Interests where In cases of disputes concerning the best interests of the child, any concerned party has the right to bring the matter before the urgent matters judge. The judge will issue a decision based on a petition, considering the competence of the custodial mother while safeguarding her right to educational authority.

Passport and Personal Identification Documents for Adults as the updated legislation grants individuals who reach the age of eighteen the right to retain their passport and other personal identification documents. This contrasts with the previous practice where a parent, typically the father as the guardian, retained a child's passport until the age of twenty-one.

Bequests to Heirs now allows for a bequest to an heir under two specific conditions where, If it receives approval from consenting adult heirs (above the age of twenty-one), it will be executed from the share of those who have given their consent and If deemed necessary for a prevailing interest, as determined by the court, the bequest will be executed even if some remaining heirs do not provide their approval.

 

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Thu, 07 Dec 2023 12:00:00 GMT
<![CDATA[Ras Al Khaimah Introduces New Legislation to Decrease Judicial Fees]]> Ras Al Khaimah Introduces New Legislation to Decrease Judicial Fees

The newly enacted law in Ras Al Khaimah, consisting of 11 chapters and 39 articles, meticulously delineates the judicial fees applicable within the emirate, covering charges imposed by both the courts and the Public Prosecution Department. This legislative measure encompasses a reduction in fees for a diverse range of cases, including civil and commercial lawsuits, rental disputes, executive cases, and performance order requests. Furthermore, the law extends its impact to alleviate financial burdens by lowering fees for appealing judgments before the Courts of Appeal and Cassation. With a primary focus on enhancing accessibility to the judicial system, this initiative reflects the commitment to providing litigants with a more accessible and equitable legal landscape, fostering a fair and efficient legal process in Ras Al Khaimah.

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Mon, 04 Dec 2023 12:00:00 GMT
<![CDATA[Climate protestors in Brussels demand urgent action amidst UN climate conference]]> Climate protestors in Brussels demand urgent action amidst UN climate conference

In Brussels, 20,000 protestors rallied, braving the cold as the Belgian climate activist group, Climate Coalition, urged politicians and leaders to urgently address the impact of climate change. While this year's protest was smaller than the previous one, it coincided with the United Nations' COP 28 climate summit in Dubai, delivering a clear message to global leaders to uphold their "climate commitments." The march, themed "Every tenth of a degree counts," occurred as COP 28 aimed to tackle the challenge of limiting global temperature increases to 1.5 degrees Celsius.

Within the ongoing conference, several countries made financial pledges to support the loss and damage fund, aiding low and middle-income nations in confronting climate change. The United Arab Emirates pledged $100 million, Germany committed a matching $100 million, the UK allocated £40 million for the fund and an additional £20 million for related initiatives, Japan contributed $10 million, and the US pledged $17.5 million.

Despite these financial commitments, the UN Environment Programme's 2022 Emissions Gap Report underscores the pressing need for a "rapid transformation" in addressing climate change. The report outlines the "inadequate" progress toward achieving the emission reduction targets essential for meeting the temperature goals set by the Paris Agreement.

Furthermore, members of the G20 are falling behind in implementing their Nationally Determined Contributions, the post-2020 measures aimed at mitigating the effects of climate change, as outlined in the Paris Agreement.

 

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Wed, 29 Nov 2023 12:00:00 GMT
<![CDATA[New Law to reduce Judicial fees in Emirate's Courts]]> New Law to reduce Judicial fees in Emirate's Courts

His Highness Sheikh Saud bin Saqr Al Qasimi, Supreme Council Member and Ruler of Ras Al Khaimah, has issued a new decree pertaining to judicial fees in the emirate.

The decree comprises 11 chapters and 39 articles, outlining the various judicial fees imposed by the courts and the Public Prosecution Department. As per the decree, there is a reduction in judicial fees for civil and commercial lawsuits, rental dispute cases, executive proceedings, and requests for performance orders. The maximum fees are now determined based on the value of the lawsuit. Additionally, the law includes a reduction in fees for appealing judgments before the Courts of Appeal and Cassation.

The primary objective of this decree is to facilitate easier access to the courts for litigants, allowing them to file lawsuits without shouldering excessive financial burdens. This legislation aligns with the economic advancements and accomplishments in the emirate, seeking to streamline the process for litigants to access the courts and pursue legal actions without facing undue financial burdens. Representing a significant advancement, the new law contributes to easing the litigation procedure in the emirate, fostering family and social stability for both citizens and residents. It aims to enhance the overall quality of life, ensuring a secure, stable, and dignified existence for all members of society in Ras Al Khaimah.

 

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Thu, 23 Nov 2023 12:00:00 GMT
<![CDATA[MOHRE issued a new Decision on Occupational Safety and Health and Labour Accommodations]]> MOHRE issued a new Decision on Occupational Safety and Health and Labour Accommodations

The Ministry of Human Resources and Emiratisation (MOHRE) has issued Administrative Decision No 19 of 2023 regarding Occupational Safety and Health (OSH) and Labour Accommodations.

This decision outlines regulations and responsibilities for employers and workers concerning OSH and labor housing. Key aspects covered by the Decision include:

Requirements for employers to establish and maintain an OSH program and record-keeping system, Working conditions and employer obligations for both indoor and outdoor workplaces, encompassing lighting, ventilation, noise, heat, stairs, equipment, hazardous substances, and more. Employer responsibilities to provide personal protective equipment, healthcare, medical examinations, first aid, and safe transportation for workers. Worker obligations to comply with OSH regulations, report and avoid risks, use and maintain protective equipment, attend training, and safeguard establishment assets. Appointment and responsibilities of an OSH officer for the industrial and construction sectors, overseeing planning, implementation, supervision, documentation, and improvement of OSH activities and policies. Prohibition of work during midday in the summer, with exceptions for specific works requiring technical reasons and additional precautions. Registration and management of labor housing through MOHRE-approved systems, ensuring compliance with requirements and controls from MOHRE and relevant authorities.

The Decision is designed to safeguard workers from hazards and occupational diseases, protect establishment properties, and ensure public interest. It supersedes the previous Administrative Decision No. (28) of 2022 and becomes effective upon publication in the Official Gazette. All official bodies and authorities are required to implement its provisions within their respective jurisdictions.

 

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Sun, 19 Nov 2023 12:00:00 GMT
<![CDATA[The Financial Markets Authority of Qatar issues New Dividend Distribution Rules]]> The Financial Markets Authority of Qatar issues New Dividend Distribution Rules

The Financial Markets Authority of Qatar has unveiled new rules governing dividend distribution, set to be effective in 2024. The objective behind these regulations is to stimulate financial sector activity and amplify liquidity volume in the market. The forthcoming rules encompass significant alterations to the mechanisms governing the annual distribution of dividends to shareholders in public shareholding companies listed on the Qatar Stock Exchange. They will also exert control over any interim dividend distributions that companies may contemplate.

According to the new rules, public shareholding companies listed on the Qatar Stock Exchange will retain the flexibility to engage in interim dividend distribution every three or six months, or annually, as they currently do. However, there will be a stipulated timeframe within which companies must distribute dividends. A notable change is that public shareholding companies will no longer be permitted to directly distribute dividends and bonus shares to their shareholders. Instead, this role will be assumed by the Securities Depository Centre Co or Edaa.

These entities will be responsible for facilitating dividend distribution on behalf of public shareholding companies. The overarching goals of these regulations are to streamline distribution procedures, safeguard shareholders' dividends through a reliable intermediary, standardize distribution procedures, and expedite the overall distribution process to beneficiaries.

 

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Tue, 14 Nov 2023 12:00:00 GMT
<![CDATA[Saudi Arabia's General Authority of Civil Aviation has enacted new Regulations to Protect Passenger Rights]]> Saudi Arabia's General Authority of Civil Aviation has enacted new Regulations to Protect Passenger Rights

Saudi Arabia's General Authority of Civil Aviation has implemented new regulations to protect passenger rights, covering aspects such as ticketing, boarding, in-flight services, baggage handling, and assistance for passengers with special needs, including reduced mobility.

For lost or damaged baggage, travelers may receive compensation of 6,568 Saudi Riyals. In case of baggage delay, compensation amounts to 740 Riyals for the first day and 300 Riyals for each subsequent day, up to a maximum of five days.The regulations have strengthened and extended compensation provisions. Flight delays, cancellations, overbooking, and unexpected stopovers could result in compensation ranging from 150 to 200% of the original ticket value.

Passengers delayed for more than three hours have the right to disembark and receive compensation as per the new rules. Unscheduled stops must not leave passengers stranded, with compensation of 500 Riyals for each occurrence. Refunds and compensations up to 200% of the original ticket value are stipulated for passengers on overbooked flights. Those who experience downgrades are entitled to 200% compensation.Airlines denying boarding to disabled passengers or providing inadequate facilities will face compensation payments of 500 Riyals or 200% of the original ticket price.

 

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Thu, 09 Nov 2023 12:00:00 GMT
<![CDATA[Abu Dhabi's Global Market (ADGM) introduced a landmark in the realm of distributed ledger technology governance]]> Abu Dhabi's Global Market (ADGM) introduced a landmark in the realm of distributed Ledger Technology Governance

The Registration Authority of Abu Dhabi's Global Market (ADGM) has unveiled the world's inaugural regulatory framework for Distributed Ledger Technology (DLT) Foundations, known as the Distributed Ledger Technology Foundations Regulations 2023. This pioneering regulatory regime is specifically designed to establish a comprehensive framework for DLT Foundations and Decentralized Autonomous Organizations (DAOs), catering to their unique operational and token issuance requirements within the Blockchain industry.

In alignment with ADGM's strategy to encourage initiatives in the broader blockchain and digital asset landscape, this innovative regime addresses the distinct legal needs of Blockchain Foundations, DAOs, and the wider crypto industry. By fostering positive transformation across the blockchain and Web3 landscape, the regulations aim to contribute to a more transparent and efficient future.

This regulatory framework not only establishes a global benchmark but is also intended to be applicable and beneficial to Blockchain Foundations, Web3 entities, Decentralized Autonomous Organizations, and traditional Foundations seeking to enhance their operations through Distributed Ledger Technology.

Anticipated to revolutionize the industry, this unified solution addresses the specific requirements of digital asset-related activities and the broader Foundations landscape. Moreover, it provides an effective means to organize and promote governance while acknowledging the industry's demand for decentralization.

 

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Fri, 03 Nov 2023 12:00:00 GMT
<![CDATA[Oman declared the First Islamic Investment Fund]]> Oman declared the First Islamic Investment Fund

Oman's Capital Market Authority has declared the launch of the Sultanate's inaugural Islamic investment fund, named the Gheras Fund, initiated by the Imam Jabir bin Zaid Waqf Foundation.The fund is open for participation to all private and public Waqf institutions, as well as Waqf agents. Waqf units within the fund will be owned by respective Waqf institutions, enabling contributors to engage by allocating or purchasing units, designating them for specific Waqf institutions based on their intentions.

The Gheras Fund aims to benefit not only orphans and the sick but also contribute to the establishment of mosques and various endowments. Its asset classes will encompass Sharia-compliant fixed income instruments and Sharia-compliant stocks. Notably, it will be the first fund of its kind to be listed on the Muscat Stock Exchange. The initial public offering subscription is set to take place from December 17 to December 21, welcoming private and public Waqf institutions and agents. The fund's estimated value is around 50 million Rials.

This initiative addresses the pressing need to diversify Waqf asset investments, departing from the traditional approach of focusing solely on real estate and similar avenues within the endowment sector. Ubhar Capital will manage the fund's investments, while Sohar Islamic Bank will handle fund collections.

 

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Sat, 28 Oct 2023 12:00:00 GMT
<![CDATA[UAE announces new Federal Law on Pension enhancing adaptability of social security services]]> UAE announces new Federal Law on Pension enhancing adaptability of social security services

The General Pension and Social Security Authority (GPSSA) has announced new Federal Decree Law No. 57 of 2023 on Pension and Social Security, raising the maximum contribution account salary for Emiratis working in the private sector from Dh50,000 to Dh70,000.

The new law aims to improve the policies of the GPSSA and its work framework, to guarantee the effectiveness and supportability of the financial resources of pensions, and to respect the authority's future responsibilities.

It likewise aims to upgrade the adaptability of the pensions and social security services in the UAE. It additionally aims to mitigate any gaps in services and policies given to the UAE nationals working in the government and the private sectors.

Also, the law will bring further equality in benefits to urge UAE nationals to join private sector companies. The new law will be applied to Emirati employees who joined the labor market for the first time from the date of its publication. Current employees will continue to be covered by the provisions of the ongoing Federal Law No. (7) of 1999 on Pension and Social Security.

 

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Mon, 23 Oct 2023 12:00:00 GMT
<![CDATA[Saudi Arabia sets $26,666 maximum Health Insurance coverage for foreign tourists]]> Saudi Arabia sets $26,666 maximum Health Insurance coverage for foreign tourists

 

Saudi Arabia has set SR100000 most extreme health insurance coverage for foreign tourists coming to the country. As per the details of the insurance policy, which was supported by the Saudi Council of Health Insurance, Foreign tourists would be ensured admittance to health care services in emergency cases,

The health insurance coverage determines the sort of services covered under the insurance and the reimbursable costs, with a maximum coverage limit of SR100000. As indicated by the particulars of the policy, the reimbursable costs are the actual costs for essential medical services and treatment as well as for medicines and equipment with a condition that these should be endorsed by an authorized doctor for an illness endured by the insured.

The reimbursable costs include emergency cases like costs for hospitalization, medical tests, diagnosis, treatment, and medications. It will likewise cover instances of premature babies that will be covered as a component of the mother's coverage and are subject to the mother's maximum benefit.

The insurance protection additionally includes dental diseases, yet is restricted to emergency cases, including fillings, therapy of nerve damage, and necessary medications. It likewise incorporates medical evacuation inside and outside the kingdom, pregnancy and childbirth cases, wounds sustained by accidents, emergency dialysis cases, and expenses for repatriation of the dead body of the deceased visitor to his mother country.

Health insurance coverage for tourists can be acquired by visiting the unified Arabic platform for giving visas and filing out the tourist visa application form. As per the procedure, medical insurance will be legitimate from the date of issuance of the tourist visa, and the insurance policy ensures tourists access to health services for emergency cases from a network of healthcare services providers endorsed by the Council of Health Insurance in all regions of the Kingdom.

 

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Mon, 16 Oct 2023 00:00:00 GMT
<![CDATA[Saudi Arabia implemented Personal Data Protection Law (PDPL)]]> Saudi Arabia implemented Personal Data Protection Law (PDPL)

 

The Personal Data Protection Law (PDPL) was implemented by Royal Decree M/19 of 17 September 2021 approving Resolution No.98 dated 14 September 2021, and amended on 21 March 2023. The Saudi Data & Artificial Intelligence Authority ('SDAIA') regulates the statute. The PDPL marks the introduction of Saudi Arabia's first data protection law and was published in the Official Gazette on 24 September 2021.

The aim of the PDPL is to guarantee the privacy of personal data, regulate data sharing, and prevent personal data abuse. Remarkably, the PDPL covers key principles like, purpose restriction and data minimisation, controller obligations, including registration and maintenance of data processing records, data subject rights, and penalties for breach of provisions.

The PDPL will bring Saudi Arabia into closer alignment with the two its Middle East counterparts as well as international standards. Meantime, the National Data Management Office has fostered the National Data Governance Interim Regulations which envelop the Personal Data Protection Interim Regulations and the Data Sharing Interim Regulations. The Data Protection Interim Regulations cover key principles like accountability, transparency, data disclosure, and data subject rights, while the Data Sharing Interim Regulations address data security, legal basis, and ethical data use.

towards the end of November 2022, SDAIA conducted a public consultation on proposed amendments to the PDPL and was approved by the Saudi Council of Ministers on 21 March 2023. According to Article 43 of the PDPL, as amended, the same will come into force 720 days from the date of publication in the Official Gazette, namely on 14 September 2023. Furthermore, according to the preamble of the PDPL, as amended, entities will have a one-year transition period from such date to bring their operations into consistance.

On September 7, 2023, the PDPL Implementing Regulations and the Regulations on personal data transfers were published in the Official Gazette of Saudi Arabia after public consultation by SDAIA in July 2023. Both sets of regulations will be into force with the PDPL on September 14, 2023.

 

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Mon, 09 Oct 2023 00:00:00 GMT
<![CDATA[Dubai Land Department Launches Munaqasat Service]]> Dubai Land Department Launches Munaqasat Service

Dubai's land department has reported it has sent off a new Munaqasat administration to further develop transparency in the sector and guarantee top-quality administrations at competitive costs. It will be accessible through the Real Estate Regulatory Agency and will manage tendering processes for all matters connected with administrations and maintenance for jointly owned properties. It will facilitate and improve the tender process and lay out a direct link between jointly owned property companies and service providers. Jointly owned properties should submit all tenders through the assistance following the submission of their 2024 budgets which should be put together by October 2023. An expert technical team will then submit tasks, evaluate firms, and give proposals. A finance group will then, review the technical perspectives and set prices for each necessary service.

The average of the technical and financial scores decides the tender selection. Tenders will then be started, permitting service providers to take part in the new service. They can register as suppliers, which will give them access to all applicable tenders in light of their registered activities.

Additional features will be added by 2024 that will permit property owners to assess the performance of service providers. Owners committee will likewise have access to view presented tenders, which will further develop transparency and engage the real estate sector. in the land area.It has been sent off in accordance with Dubai's digital strategy.

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Mon, 02 Oct 2023 00:00:00 GMT
<![CDATA[UK : After just 44 days in office, PM Truss announces resignation]]> UK : After just 44 days in office, PM Truss announces resignation

After just six weeks in office, British Prime Minister Liz Truss MP announced her resignation on Thursday. Truss made the following brief statement in front of the residence of the Prime Minister on Downing Street in London:

At a time of extreme economic and international instability, she assumed office. The question of how to pay their bills worried both families and businesses. The safety of our entire continent is in jeopardy as a result of Putin's illegal war in Ukraine. Furthermore, our nation's economy has been held back for an excessive amount of time. The Conservative Party gave me the mandate to change this when I was elected. We reduced national insurance and paid our energy bills. Furthermore, we proposed a low-tax, high-growth economy that would take advantage of Brexit freedoms. However, I am aware that, in light of the circumstances, I am unable to fulfill the mandate for which I was elected by the Conservative Party. As a result, I have informed His Majesty the King of my resignation as leader of the Conservative Party. I met Sir Graham Brady, chairman of the 1922 Committee, this morning. We have agreed that the election of the leader will take place within the next week. This will guarantee that we will continue to implement our fiscal plans and preserve our nation's economic stability and security. I will continue as Prime Minister until a new leader is selected. I'm grateful.

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Mon, 10 Oct 2022 12:00:00 GMT
<![CDATA[Misconduct Social media can cost you a lot : UAE]]> Misconduct Social media can cost you a lot : UAE

According to cybercrime laws, it is illegal to insult other people online or share photos or information that violates the privacy of other people. Recently, a teacher in Abu Dhabi lost his job after students and parents complained about his inappropriate behavior on social media. The teacher lost his case at the Abu Dhabi Family and Civil Administrative Claims Court and the appeal court, where he had sought compensation for Dh501,000 from the school. This was just one of many instances in which UAE residents were mistreated on social media.

An Arab man was ordered by the Ras Al Khaimah Civil Court to pay a plaintiff Dh5,000 as restitution for the moral harm he caused after the accused cursed him on WhatsApp. In a WhatsApp voice message, the complainant claimed that the defendant insulted him and his wife with abusive language.

The United Arab Emirates not only has a robust cybercrime law to combat intolerance and fake news, but it also strictly enforces social media misconduct and actions that violate the privacy of others. Posting photos, videos, or comments that invade a person's privacy or personal life is a serious violation of UAE law, punishable by up to Dh500,000 in fines and imprisonment of at least six months.  According to Article 37 of the UAE Cybercrime Law, such offenses carry a maximum sentence of seven years in prison and can result in fines ranging from Dh250,000 to Dh1 million.

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Wed, 05 Oct 2022 12:00:00 GMT
<![CDATA[Sharjah announces a digital rent contract for tenants]]> Tenants' procedures for moving in will be streamlined by a new Sharjah-based service. The service was made public during Gitex by the Sharjah Digital Office, where the users can move in without having to physically go to different offices to finish the formalities.

The service, which was first offered in Sharjah, enables the landlord and tenant to digitally sign and attest their rental agreement and open the associated SEWA account through a unified digital user interface. All types of rental agreements are covered by the service, which is currently available on the Digital Sharjah website and the app under "coming soon. "In order to make the move-in process easier, it provides automatic document validation. Integration with the UAE Pass enables user authentication, and landlords can save their property details for re-leasing on the platform. Additionally, the service uses its integration with the Real Estate Department to verify property ownership.

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Wed, 21 Sep 2022 12:00:00 GMT
<![CDATA[President Joe Biden implements US, EU data privacy framework]]> President Joe Biden implements US, EU data privacy framework

US President Joe Biden has signed an executive order to implement a data privacy framework between the United States and the European Union. .The order titled "Enhancing Safeguards for United States Signals Intelligence Activities" outlines the steps that the United States will take to implement the privacy framework that was agreed upon in March after the EU Court of Justice ended the previous Privacy Shield framework. The Privacy Shield framework was created with the intention of establishing uniform privacy standards for businesses that transfer personal financial data from the European Union to the United States. However, the Court of Justice found that surveillance programs in the United States did not provide EU citizens with adequate measures to address how the government used their data, if it was collected, and that the United States lacked the necessary safeguards for EU citizens.

"Binding review and redress of claims that their personal information collected through U.S. signals intelligence was collected in violation of applicable U.S. law, including the enhanced safeguards of the E.O." The Executive Order directs the Attorney General to establish a Data Protection Review Court within the Justice Department to review and redress those claims. The Office of the Director of National Intelligence is able to check to see if the enhanced safeguards of the order also direct the US intelligence community to update their data collection methods thanks to these two provisions.

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Tue, 06 Sep 2022 12:00:00 GMT
<![CDATA[Germany court rejects environmental lawsuit in favor of Mercedes-Benz]]> Germany court rejects environmental lawsuit in favor of Mercedes-Benz

A German court dismissed a lawsuit filed by environmental group Deutsche Umwelthilfe intended to ban Mercedes-Benz from selling cars with combustion engines that produce greenhouse gases after 2030. Deutsche Umwelthilfe asserted that Mercedes-Benz must conform to the Paris Climate Protection Agreement and the German Climate Protection Act with respect to reduction in its vehicles' CO2 emissions. Deutsche Umwelthilfe stated that the new vehicles from Mercedes have the highest CO2 outflows of all manufacturers in Europe and "the German car manufacturers have been preventing viable environmental protection laws for decades. Deutsche Umwelthilfe has additional pending environmental change lawsuits against companies including BMW and Wintershall Dea, an oil and natural gas company.

In July, the UN General Assembly embraced a resolution expressing that access to a clean, healthy environment is a universal human right.

 

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Thu, 25 Aug 2022 12:00:00 GMT
<![CDATA[UAE imposes Up to Dh10,000 fine, jail for leaving children alone in cars]]> UAE imposes Up to Dh10,000 fine, jail for leaving children alone in cars

Leaving children unattended in vehicles is a crime under UAE laws and culpable with a robust fine and even imprisonment. This came as authorities featured a recent case where the police rescued a child who got locked in a car as his mother went out for shopping. This comes under 'negligence' under Article 35 of the Wadeema Law.  according to Article 56 of a similar law, the offense is punishable by imprisonment and/or a fine of up to Dh5,000 in light of the judge's evaluation on a case-by-case basis. in some cases, endangerment of the life and safety of people may be punishable by imprisonment/or a fine of up to Dh10,000.

Captain Mohammed Hamad Al Isai, director of Abu Dhabi Police Traffic and Patrols Directorate, said that the practice exposes the lives of children to danger. Parents who leave their children in parked cars will be sued for negligence. He referred to a tragic accident of a child who suffocated to death in the sweltering heat when his father forgot him inside the car. His father was attending work-related phone calls throughout the trip and had forgotten the child, who was sleeping.

The Dubai Police said recently that they protected 36 children from locked vehicles since the beginning of the year.

 

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Wed, 17 Aug 2022 12:00:00 GMT
<![CDATA[Biden signs bill giving $52B in subsidies to US semiconductor industry]]> Biden signs bill giving $52B in subsidies to US semiconductor industry

US President Joe Biden marked the CHIPS Act of 2022, which gives $52 billion to support the US domestic semiconductor industry. The act approves the consumption to advance $200 billion to promote domestic semiconductor production. However, just $52 billion is promptly appropriated because of Biden marking the bill. The act also lays out a US Treasury fund to do its provisions. It also provides $39 billion in manufacturing incentives and $13.2 billion in research and development and labour force development. It likewise provides a 25% tax credit for investments in domestic semiconductor manufacturing and production. In light of the signing the bill, US semiconductor companies declared new investments. For example, micron declared a $40 billion investment in memory chip manufacturing. Furthermore, Qualcomm and GlobalFoundries declared a partnership that includes $4.2 billion to manufacture chips.

 

 

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Fri, 05 Aug 2022 12:00:00 GMT
<![CDATA[Biden marked the Inflation Reduction Act (IRA) into law]]> Biden marked the Inflation Reduction Act (IRA) into law

US President Joe Biden marked the Inflation Reduction Act (IRA) into law. Biden commended the act's sweeping healthcare, tax, and climate reforms. According to Senate Democrats, the IRA achieves eight main goals. They are growing Medicare benefits by guaranteeing free vaccines and price caps on insulin and personal drug costs, bringing down energy costs through tax credits and refunds, decreasing carbon emissions by 40 percent by 2030, managing drug companies to lower healthcare costs, contributing $60 billion to create clean manufacturing jobs, Invests $60 billion in environmental justice for burdened communities, Introduces a 15 percent corporate tax and a one percent fee on stock buybacks to raise an expected $737 billion in income and Introduces securities for families and businesses making $400,000 or less.

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Tue, 02 Aug 2022 12:00:00 GMT
<![CDATA[Indian parliament passes bill to introduce domestic carbon credit market]]> Indian parliament passes bill to introduce domestic carbon credit market

The lower house of the Indian parliament passed a bill laying out a focal scheme for the purchase and sale of carbon credits. The bill also promotes clean energy by committing specific large consumers of electricity to use renewable energy and conserve energy. The Energy Conservation (Amendment) Act looks to amend the Energy Conservation Act and introduce a carbon credit trading plan. A carbon credit is a license that permits the holder the right to emit one ton of carbon dioxide or the same amount of another greenhouse gas by balancing it against the decrease of equivalent emissions. Under the carbon credit trading scheme proposed in the bill, enlisted entities will be given carbon credit certificates that they can offer to different entities or individuals. The plan consolidates the offset markets in energy proficiency and renewable energy that presently operate in India. In addition to carbon credits, the bill likewise mandates a base utilization of non-fossil fuel energy for certain assigned consumers such as mining, steel, cement, textiles, and chemical manufacturers, the transport industry, and commercial buildings.

 

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Thu, 28 Jul 2022 12:00:00 GMT
<![CDATA[Access to a clean, healthy environment is a human right : UN General Assembly]]> Access to a clean, healthy environment is a human right : UN General Assembly

The UN General Assembly adopted a resolution pronouncing that access to a clean, healthy environment is a universal human right. The move was commended by UN Secretary-General António Guterres as a historic decision that evidenced the responsibility of UN member states to fight climate change and encourage a more sustainable environmental future. The resolution will help diminish environmental injustices and empower people, especially those that are in vulnerable situations, including environmental human rights defenders etc.

UN public relations materials quoted that Today is a historic moment, however simply affirming our right to a healthy environment is not enough. The General Assembly resolution is exceptionally clear: States should implement their international commitments and scale up their endeavors to acknowledge them. We will all experience the ill effects of environmental crises if we do not work together to collectively avert them. The resolution passed with votes of approval from 161 nations.

 

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Sun, 24 Jul 2022 12:00:00 GMT
<![CDATA[Saudi Arabia asks YouTube to eliminate offensive ads]]> Saudi Arabia asks YouTube to eliminate offensive ads

The Kingdom alluded to content that is contrary to Islamic and societal values. Saudi Arabia requested YouTube eliminate offensive advertisements on the platform. The Kingdom's General Commission for Audiovisual Media (GCAM) and Communications and Information Technology Commission (CITC) addressed a joint proclamation to YouTube.

The statement alluded to the advertisements targeted at Saudi clients, and brought up the broadcast of content that is in contrary to Islamic and societal values and principles and also the Kingdom's media content guidelines and YouTube Platform Policy.

Accordingly, both GCAM and CITC have requested the "YouTube" Platform which is affiliated with Google to eliminate these advertisements and agree with the regulations and that it will be placed under continuous development. According to the local media, If the broadcast of the offending content continues, the necessary legal measures will be taken in accordance with the Telecommunications Act and Audiovisual Media Law.

 

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Wed, 20 Jul 2022 12:00:00 GMT
<![CDATA[EU dispatches new legal action against UK over Northern Ireland Protocol Bill]]> EU dispatches new legal action against UK over Northern Ireland Protocol Bill

The European Commission sent off four new infringement methods, or legal action, against the UK for not complying with significant guidelines overseeing trading plans for Northern Ireland. The EU overseeing body's press statement made sense of the UK's reluctance to take part in the significant discussion and proceeded with the entry  of the Northern Ireland Protocol Bill through the UK Parliament go directly against the soul of constructive cooperation]."

The infringements connect with an expressed inability to collect and furnish the EU with data regarding exports from Northern Ireland to Great Britain and to implement rules agreed on EU excise obligations, Value Added Tax, and alcohol excise duties.

The four new infringement techniques come in addition to the infringement strategies the commission sent off on June 15. In response to the declaration, a UK government spokesperson expressed, that it is disappointing that the EU has chosen to bring forward further legal action, especially on goods leaving Northern Ireland for Great Britain which self-obviously present no risk to the EU single market.

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Sat, 16 Jul 2022 12:00:00 GMT
<![CDATA[Twitter sues CEO of Tesla Motors Elon Musk seeking enforcement of $44B takeover]]> Twitter sues CEO of Tesla Motors Elon Musk seeking enforcement of $44B takeover

Twitter sued billionaire and CEO of Tesla Motors Elon Musk with an end goal to force him to complete his US$44 billion acquisition of the social media company. In April Twitter's board of directors acknowledged Musk's proposal to purchase the social media platform for $44 billion, at $54.20 a share. Lawyers for Twitter filed a lawsuit in the Delaware Court of Chancery after Musk's lawyers wrote to Twitter and exposed that Musk wished to terminate the obtaining agreement due to a breach of terms.

The company's lawsuit stated that In April of 2022, Elon Musk went into a limiting consolidated agreement with Twitter, promising to utilize his best efforts to finish the arrangement. Presently, under ninety days later, Musk declines to honor his commitments to Twitter and its investor on the grounds that the arrangements he signed no longer serve his own interests. Within the lawsuit, Twitter accused Musk of trying to terminate the deal because of a consequent hit to his wealth after a fall in the stock market, rather than genuine concerns over fake accounts on the platform. Anyway, Musk's lawyers have contended that Twitter has breached its obligation to furnish him with the information he has mentioned from the company.

Musk's lawyer Mike Ringler wrote in his letter to Twitter that Twitter has not conformed to its authoritative obligations. For almost two months, Musk has sought the data and information necessary to make a free assessment of the prevalence of fake or spam accounts on Twitter's platform'. This information is basic to Twitter's business and financial performance and is important to consummate the transaction. Twitter chairman Bret Taylor responded to the occasion in a tweet, writing that the Twitter board is focused on closing the transaction on the price and terms agreed with Musk and plans to seek legal action to implement the merger agreement. Twitter has additionally filed a motion to speed up proceedings in the case, mentioning that a trial on the dispute is completed in September. 

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Tue, 12 Jul 2022 12:55:00 GMT
<![CDATA[UAE-Israel agreement to promote cancer, and diabetes research]]> UAE-Israel agreement to promote cancer, and diabetes research

Kahn-Sagol-Maccabi (KSM), the research and development centre of Israel's Maccabi Healthcare Services, and UAE health organizations have signed a series of key strategic agreements to promote joint medical research and technological innovation. This is the first agreement that SEHA has endorsed with an Israeli organization. The SEHA-KSM partnership will likewise uphold the Emirate's objective of building a genomic research registry to upgrade clinical data, sample collection, and clinical reporting. The agreements focus on advancing medical research that consolidates enormous data capabilities and genetic and clinical research with the objective of advancing personalized medicine while emphasizing medical innovation and the foundation of a regional ecosystem that will support joint research activities. Studies will be led on cancer, cardiovascular disease, diabetes, and more.

This association upholds SEHA's vision and goals of investigating coordinated efforts in other areas that encourage cooperation in education, research, health technology, and clinical programs. We anticipate an effective organization and a successful partnership and extending this program to our facilities and distinguished practitioners. A joint study with G42 Health [AG2] is likewise currently in progress to examine the medical consequences of a lack of vitamin D. More than one billion individuals worldwide suffer from vitamin D deficiency, and the condition is common all throughout the Middle East. The joint review will examine the influences of genetics on vitamin D metabolism that affects vitamin D status in both Israeli and Emirati populations to all the more likely risk factors for the deficiency.

This further develops on the current, a first of its kind, genetic research which aims to facilitate a preventative pharmacogenomics strategy for individuals in light of understanding the genetic landscape of vitamin D deficiency in UAE and Israel. The agreements with Abu Dhabi come closely following KSM's new joint effort with  Bahrain's Ministry of Health.

 

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Thu, 07 Jul 2022 12:43:00 GMT
<![CDATA[India to restrict single-use plastic items]]> India to restrict single-use plastic items

India's Ministry of Environment, Forest and Climate Change declared the ban recognized single-use plastic items across the country from 2022 July 1. India will boycott the production, import, stocking, distribution, sale, and utilization of recognized single-use plastic items, which have low utility and high littering potential, all over the country. For compelling enforcement of the boycott, national and state-level control rooms will be set up, and unique enforcement teams will be formed to check the unlawful production, import, stocking, distribution, sale, and use of banned single-use plastic items.

States and Union Territories have also been approached to set up border checkpoints to stop the interstate movement of any banned single-use plastic items. The list of prohibited items includes earbuds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene for decoration, plastic plates, plastic cups, plastic glasses, plastic cutlery such as forks, spoons, knives, straws, trays, wrapping or packing films around candy boxes, cards, cigarette packets, plastic or PVC banners less than 100 microns.

 

 

 

 

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Thu, 23 Jun 2022 12:00:00 GMT
<![CDATA[India raises import obligation on gold by 5 percent]]> India raises import obligation on gold by 5 percent

The Central government has raised the import duty on gold from 7.5 percent to 12.5 percent, as per an official gazette notification. The revised import duty will come into effect from 2022 July 1, the notification said.

India is the second-largest consumer of gold. It satisfies a significant part of its interest through imports. The vertical modification in the import duty is viewed as a measure to dis-incentivize imports amidst the widening of the extending import /export imbalance. India's import /export imbalance widened to a record $24.29 billion in May 2022 from $6.53 billion in the same month last year due to a sharp leap in the nation's imports, according to information released by the Ministry of Commerce and Industry. After the declaration of the import duty hike, gold costs on the Multi Commodity Exchange of India rose over 2 percent to Rs51,600 per 10 gm.

 

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Sat, 18 Jun 2022 12:00:00 GMT
<![CDATA[UN human rights releases revised torture investigation protocol]]> UN human rights releases revised torture investigation protocol

UN Office of the High Commissioner for Human Rights released the updated version of the Istanbul Protocol at the Geneva Academy. The updated version reinforces the successful investigation and documentation of torture and ill-treatment and looks to strengthen the execution of worldwide principles and preventive tools to help torture survivors. The revision also incorporated contemporary law on torture prevention, accountability, and viable remedies and sets out additional guidelines for judges, prosecutors, and health experts on legal investigations of torture and ill-treatment. Further, it specifies compelling guidelines for states on the powerful implementation of their worldwide commitments to prevent and fight torture and ill-treatment. It took six years, 180 specialists from 51 nations to revise the protocol. The main organizations engaged in the revision process were Physicians for Human Rights, the International Rehabilitation Council for Torture Victims, the Human Rights Foundation of Turkey, and the Redress Trust. The Istanbul Protocol was first published in 2001. It provides worldwide rules and principles for documentation of torture crimes. The protocol has been approved in 173 States.

 

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Wed, 15 Jun 2022 12:00:00 GMT
<![CDATA[A new draft law to allow public joint-stock entities to register as commercial agents in UAE]]> A new draft law to allow public joint-stock entities to register as commercial agents in UAE

A new draft federal law on the regulation of commercial agencies might allow public joint-stock entities with somewhere around 51% of public capital contribution to go about as commercial agents. Abdullah bin Touq Al Marri, Minister of Economy, comments that "UAE nationals can act as commercial agents, which is like the situation under the old law, yet the new draft regulation gives the ideal for public joint-stock entities and public legal entities with at least 51% public capital contribution to register commercial agencies."

The new draft law should give more business opportunities for UAE citizens and allow new residents to get the commercial agencies business. This is not given by the current law, and it imposes few limitations on the cancellation of commercial agencies even after the expiry of the contract term. Under the proposed law, the agency contract ends on the expiry of the legally concurred term.

 

 

 

 

 

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Sat, 11 Jun 2022 12:00:00 GMT
<![CDATA[New 3-year entry ban on ex-pats for violation of visa rules in Saudi Arabia]]> New 3-year entry ban on ex-pats for violation of visa rules in Saudi Arabia

Expatriates who leave the Kingdom of Saudi Arabia and do not return in the stipulated time will be prohibited from entering the country for a period of three years. The General Directorate of Passports (Jawazat) has stated that expatriates with a re-entry visa must re-enter the country within the time indicated on the visa, otherwise, a new visa must be issued by the employer.

The phrase "exited and did not return" will be recorded for any expatriate two months after the expiry of the visa. The Jawazat also said that there is no need to go to the department to register the expatriate who left and did not return. This does not include expatriate dependents only applies to sponsors.

 

 

 

 

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Tue, 07 Jun 2022 12:00:00 GMT
<![CDATA[IMF welcomes India's resolution to relax the ban on wheat exports]]> IMF welcomes India's resolution to relax the ban on wheat exports

The International Monetary Fund (IMF) has welcomed India's recent decision to ease of ban on wheat exports and allow some shipments to continue. A senior IMF official noted that around 30 countries have reduced their exports of commodity goods including food and fuel since the war in Ukraine.

Last month, India announced that it would ban wheat exports to control high prices. This decision was taken amid fears that the country's wheat production could be affected by a scorching heat wave. According to the UN food agency, the price of wheat has jumped in the international markets due to the ban and due to the reduced production in Ukraine after the war.

IMF spokesperson Gerry Rice said that they are concerned about the use of food and fertilizer export restrictions, which can exacerbate global price increases and market volatility, and hope to see further relaxation of bans, and again, not only India but also by all countries who have imposed them.

 

 

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Thu, 02 Jun 2022 12:00:00 GMT
<![CDATA[First judicial bench book for the new accusatory criminal justice system in Mexico]]> First judicial bench book for the new accusatory criminal justice system in Mexico

The United States Department of Justice announced the launch of Mexico's judicial bench book for criminal hearings and trials. This bench book is designed to increase the judicial economy, reduce caseloads, and standardize judicial practices throughout Mexico.

Since 2018, Mexican law enforcement and military personnel have faced increasing rates of crime-related violence. The new bench book will standardize the criminal proceedings, reduce appeals and ensure trials that result in more substantiated convictions. This judicial bench book is a collaboration of the Mexican federal judiciary, the Mexico City state judiciary, the Puebla state judiciary, and the United State Department of Justice's Office of Prosecutorial Development, Assistance, and Training.

After Mexico officially implemented its bench book, the United States Department of Justice's Office for the Development, Assistance, and Training of the prosecutors and the federal judiciary affairs continue to monitor and evaluate the effectiveness of the bench book in serving its goals to reduce the hearing durations and to reduce the unnecessary delays and appeals.

 

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Sat, 28 May 2022 12:00:00 GMT
<![CDATA[Resolutions issued for quick resolution of lawsuits in UAE]]> Resolutions issued for quick resolution of lawsuits in UAE

The UAE issued resolutions defining the crimes covered by the Penal Order, including four penal laws. The UAE Attorney-General Dr.Hamad Saif Al Shamsi issued the rules to resolve rapidly and provide innovative, judicial, and legal services with the global trends. According to the resolutions, issued in agreement with the public representatives of local judicial authorities, the relevant crimes are defined in Federal Decree-Law No. 31 for 2021 in the Promulgation of Crimes and Punishment Code. The Traffic Law and its subsequent amendments, the Federal Decree-Law No. 29 of 2021 on the entry and stay of foreigners, additionally to Federal Decree-Law No. 30 of 2021 associated with fighting against the narcotics and psychotropic substances.

The resolutions include 41 forms of crimes. It is subject to penal orders and also the imposition of fines provided that they do not exceed half of the utmost penalty provided by law for the prescribed law. The Public Prosecution of UAE produced an awareness film 'An Opportunity' on social media to focus on the new punitive policy. 

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Tue, 24 May 2022 12:00:00 GMT
<![CDATA[Leaves include contribution scheme says Pension Authority in UAE]]> Leaves include contribution scheme says Pension Authority in UAE

The General Pension and Social Security Authority stated any work-related leaves, paid or unpaid, fall under the contribution period by which the insured is entitled to a pension. The responsibility for payment of pending contributions by insured individuals varies depending on the reason for the leave granted by their employers.

In Accordance with the pension and social security law, the insured individual pays full contributions on behalf of the employer. Both the insured and the employer bear their share of contributions based on the law in the case of a paid leave. The responsibility for the payment of the due amounts may vary depending on the circumstances.

In the case of the Government sector employers, the employee has to bear full contributions due from the insured, while an insured individual working in the private sector bears the overall contributions on behalf of the employer. If the insured is in on external secondment without pay, or on special leaves, they must pay their contributions and the employers.

If an insured employee working in a government sector applied for unpaid study leave, both the employer and the insured individual are obligated to pay their own contributions, whereas, in the private sector, the employee pays the employer's contributions and his own share.

In internal secondments, if the institution covers the employee's salary, both the institution and employee must pay their monthly contributions. In the case of sick leave, the insured individual must pay his/her share based on the actual contribution calculation salary received, and the employer is obliged to pay their contribution for the entire contribution of the salary, whether the leave is paid or unpaid.

 

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Mon, 16 May 2022 12:00:00 GMT
<![CDATA[Field agents have the right to claim fuel and parking costs incurred in UAE]]> Field agents have the right to claim fuel and parking costs incurred in UAE

An employee should be aware of the terms of an employment contract, particularly with regards to salary and allowances, before signing it.  Article 8 (2) of the Employment Law, states that the employee, or his representative, can prove the employment contract, the remuneration, and the other rights he is entitled to receive under the provisions of this Decree-Law and its Executive Regulations and implementing resolutions by any means of proof.

The abovesaid provision of law is clarified and explained in Article 10(1) of the Cabinet Resolution No.1 of 2022 stating that subject to the provisions of Article 8 of the Employment Law, the employment contract will mainly contain the name and address of the Employer, the name, nationality, and date of birth of the employee, document to prove his identity, his qualification, position, date of joining, place of work, working hours, days of rest, probationary period, if any, the duration of the contract, the agreed remuneration including benefits and allowances, the period of annual leave entitlement, the period of notice, the terms for termination of Employment Contract and any other details approved by the Ministry necessary to regulate the relations between the parties.

Based on the above-mentioned provisions of law, if the employment contract does not specify car fuel and parking allowances under other allowances. A request to the employer has to be made to provide stating that you are entitled to the same if incurred during the course of the employment. If the employer does not pay the same, a complaint can be filed with the Ministry of Human Resources and Emiratisation against your employer. If the matter is not settled amicably then same may be referred to court.

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Thu, 12 May 2022 12:00:00 GMT
<![CDATA[The United Arab Emirates announced penalties for E-Crimes]]> The United Arab Emirates announced penalties for E-Crimes

The UAE Public Prosecution has reported a minimum fine of Dh250,000 and a maximum penalty of Dh500,000 for threatening or blackmailing someone online. The offenders will also be sentenced to prison for a maximum of two years. In a post shared on social media, the Public Prosecution said the punishments are pointed towards combating electronic crimes and reports as per Article 42 of the Federal Decree-Law No. 34 of 2021. According to the law, anyone who blackmails or threatens another person to do something online against their will is subject to penalties. The imprisonment will be increased to 10 years if the threat is to commit a crime or to do damage to someone's honor or status.

The UAE Public Prosecution has also reported a minimum fine of Dh300,000 and a maximum penalty of Dh10 million for sharing or storing illegal online content. The penalties are aimed at combating rumors and e-crimes based on Article 53 of the Federal Decree-Law 34 of 2021. By law, anyone who uses a website or an online account to store, share or publish illegal content and refuses to ban access to such materials within the specified period mentioned in an official order will be penalized.

 

 

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Mon, 09 May 2022 12:00:00 GMT
<![CDATA[Breaks during work hours mandatory under UAE Employment Law]]> Breaks during work hours mandatory under UAE Employment Law

Article 18 of the UAE Employment Law states that the employee may not work more than five consecutive hours without breaks which shall amount in aggregate to not less than one hour, and such breaks shall not be calculated as part of the working hours.  The working hours and breaks in the institute shall be regulated by shifts depending on their nature - such as on-site positions - and as per the manpower classification specified in the Executive Regulations of this Law.

Based on the above provision of law, it is necessary for an employer to grant breaks to his employees in between the working hours. If the employer does not give breaks of at least one hour in a day or after completion of five consecutive hours of work, then it is a violation of the Employment Law.

If the employer fails to adhere to the law, the employee may file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) in accordance with Article 54(1) of the Employment Law. Article 54(1) of the law states that in the dispute between the Employer and the Employee, or anyone claiming through them, in connection with any rights arising out of the provisions of this law shall file an application to the Ministry, which examines the application and takes necessary steps to settle the dispute between them amicably. And If there is no amicable settlement, then MOHRE may refer the said matter to the court under Article 54(2) of the Employment Law which gives liberty to the employee to file an employment case against the employer in the court.

 

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Wed, 04 May 2022 11:55:00 GMT
<![CDATA[Dubai issues new resolution on Arbitrators for marital disputes]]> Dubai issues new resolution on Arbitrators for marital disputes

Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and Chairman of The Executive Council of Dubai, has given an Executive Council resolution on arbitrators appointed to assist with the marital disputes in personal cases in Dubai. It applies to cases connected with separation on the grounds of inconvenience and breach as framed in Federal Law No. (28) of 2005 on the Personal Status Law and its amendments.

According to the new resolution, will form the Committee for Registering Arbitrators. Members of the Committee will include the head of the Personal Status Department at Dubai Courts, the head of the family affairs section at the Department, and a delegate of the Community Development Authority in Dubai. The head of the marriage officials and arbitrators' section at the Department will act as the Committee's rapporteur.

As per this resolution, the couple involved in the marital dispute will appoint an arbitrator to help resolve their dispute. The judge hearing a marital dispute case will guide the spouses to name their decision of the arbitrator. If they fail to do as such, the judge will nominate an arbitrator from the registry. The arbitrator named by the spouses should be connected to one of them and should be aware of their situation.

The arbitrator should follow the provisions of Federal Law No. (28) of 2005 on Personal Status and the newly issued resolution. The resolution additionally frames the procedures for marital dispute mediation. The appointed arbitrator will mark a date and location for the first mediation session and illuminate the couple seven days before the date of the session. The arbitrators are expected to do their best to resolve the dispute and can look for the assistance of any other relative of the spouses to work for reconciliation between the couple. The new resolution replaces regulation No. (8) of 2006 on arbitrators of individual status cases in Dubai. It also revokes any other decision that may contradict it.

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Thu, 28 Apr 2022 12:00:00 GMT
<![CDATA[New custody committee to protect children affected by conflicts in Dubai]]> New custody committee to protect children affected by conflicts in Dubai

His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, and Chairman of the Dubai Judicial Council gave Decision No. (7) of 2022 relating to the formation of the Custody Committee affiliated to Dubai Courts.

According to the decision, the Custody Committee will comprise of two representatives from Dubai Courts nominated by the Director-General of Dubai Courts. They will serve as Chairman and Vice-Chairman of the Committee. Two representatives of the Community Development Authority in Dubai will be nominated by the Director-General of the Authority, one of them will be from its child protection unit. The committee will also incorporate two representatives from Dubai Police specializing in children's protection appointed by the Commander-in-Chief of Dubai Police, and an official of Dubai Courts who will serve as the rapporteur of the Committee.

The Committee is entrusted with preparing a nitty gritty report on the social, mental, health, and criminal status of the person mentioning the custody or the person to whom the court will allow the authority of a child.

The decision also frames the procedures for giving a custody eligibility report. The court will initially request the Committee to prepare a custody eligibility report, following which a site visit will take place to guarantee the custodian oAr guardian of the child is fit to take care of the child, apart from assessing different necessities. The decision commits the authorities to fully cooperate with the committee and provide all information and data requested by it to carry out its duties in taking care of child's custody.

 

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Sat, 23 Apr 2022 12:00:00 GMT
<![CDATA[The supreme court of India upholds the law proscribing foreign donations to NGOs]]> The supreme court of India upholds the law proscribing foreign donations to NGOs

The Supreme Court of India maintained a progression of a series of amendments to the Foreign Contribution (Regulation) Act 2010 (FCRA) to strictly regulate the flow and unfamiliar usage of foreign contributions by organizations into the country.

The situation under the watchful eye of the court-tested the constitutionality of provisions like Section 7, which prohibited a beneficiary of unfamiliar commitment from further transferring the same to any other entity. The proviso to Section 11(2), empowered the state to coordinate an organization against the usage of unfamiliar commitments during the pendency of inquiry for suspected infringement of the FCRA.  They additionally challenged Sections 12 and 17, which commanded that all foreign contributions be deposited in an FCRA-specific account established in a specified branch of a scheduled bank. The individuals and NGOs challenged the amendments for disregarding their fundamental rights to equality, life, and liberty as well as the freedom of expression, association, and profession under the Constitution of India.

The government contended that the amendments were necessary to forestall the redirection of foreign funds and to allow regulatory agencies to effectively screen the ultimate utilization of the funds. It expressed that the law was consistently permitted to all NGOs and banned any person to transact in foreign contributions. The court accepted the government's submissions, deciding that there can be no fundamental right to get foreign contributions. It found that no fundamental rights were violated since the restrictions introduced by the amendments were sensible with an authentic reason and in view of clear rules. The court also observed that the free and uncontrolled flow of foreign contributions has the potential of impacting the sovereignty and integrity of the nation, and public order, and furthermore neutralizing the interest of the general public.

 

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Mon, 18 Apr 2022 01:01:00 GMT
<![CDATA[Abu Dhabi courts services heard 16,678 cases in the first quarter of 2022]]> Abu Dhabi courts services heard 16,678 cases in the first quarter of 2022

Abu Dhabi courts handled around 150,500 remote applications and heard 16,678 cases through videoconference in the first quarter of this year. This is notwithstanding 25,222 requests completed during the same period by the Public Prosecution and 24,643 handled by the Notary Public. This comes following the change to 100 percent remote litigation in the courts of Abu Dhabi.

The utilization of artificial intelligence backed smart and quick services in the Department has furnished court users with different advanced options to finish their transactions in an easy and simplified way says Youssef Saeed Al Abri, undersecretary of the Abu Dhabi Judicial Department (ADJD)

The Judicial Department's 2021-2023 Strategic Plan guarantees client bliss by conveying smart and innovative judicial and legal services. The Department focuses, in its projects, plans and ventures, on conveying services at the level of the best international standards provided in the judicial and legal sector, exploiting the technical development and the latest technological means.

 

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Fri, 15 Apr 2022 12:00:00 GMT
<![CDATA[UAE’s Federal Tax Authority reviews corporate tax law draft]]> UAE's Federal Tax Authority reviews corporate tax law draft

The UAE Federal Tax Authority has done an assessment on fostering the country's upcoming Corporate Tax law, which will become effective on June 1, 2023. At the Board of Directors' meeting, a report on the FTA's plans to create and improve the tax system's procedures and align them with best practices was also reviewed. Services will also be upgraded to customers through quick, accurate, and easy-to-use digital platforms. The report required a set of procedures and initiatives to further advance the FTA's performance through continuous development to raise the efficiency of the tax system to meet taxpayers' expectations.

The reports presented at the meeting show up the FTA's efforts to keep up with high-performance scores across all activities. The Federal Tax Authority is focused on strengthening its relations with all entities associated with the tax system in the government and private sectors. The Authority is constantly assessing the executive regulations for each tax legislation to guarantee top-level performance and smoothed out procedures. To fulfill its role in driving national economic broadening policies through the administration and collection of federal taxes, in accordance with best practices says Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Minister of Finance, and Chairman of the FTA Board of Directors.

 

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Tue, 12 Apr 2022 12:00:00 GMT
<![CDATA[UAE-US Mars missions to team up for more scientific returns]]>UAE-US Mars missions to team up for more scientific returns

The UAE and the US Mars missions team up on working on the science data analysis prompting the greater scientific partnership and data exchange between the two missions. The Emirates Mars Mission (EMM) which is the primary interplanetary exploration embraced by an Arab nation, has finalized a science data analysis collaboration initiative with NASA's MAVEN Mars Mission upgrading logical get back from both spacecraft that are presently orbiting the Red Planet. The partnership empowers the sharing and analysis of data and perceptions made by the Emirates Mars Mission's (EMM) Hope Probe and NASA's MAVEN (Mars Atmosphere and Volatile Evolution) project. The plan is supposed to enhance both EMM and MAVEN and the global scientific communities examining the data the missions are gathering.

EMM science to enrich MAVEN

Shannon Curry, a Research scientist in planetary sciences at the University of California, Berkeley and MAVEN Principal Investigator opined that the consolidated, we will have vastly improved comprehension coupling between the two and the impact of the lower atmosphere on escape to space of gas from the upper atmosphere. The EMM's Hope Probe, which entered the Martian orbit on February 9, 2021, is concentrating on the connection between the upper layer and lower regions of the Martian atmosphere. It provides the global science community full admittance to an encompassing perspective on the planet's atmosphere at various times of the day, through various seasons.

The chance to work close by different Mars missions and derive greater insights by sharing our perceptions and cooperating to fit together the pieces of the puzzle is one we are delighted to take. The complementarity of EMM and MAVEN implies we can truly gain a bigger picture together said Omran Sharaf project director of Emirates Mars Mission. MAVEN completed its Mars orbit insertion in 2014. Its mission is to explore the upper atmosphere and ionosphere of Mars, offering an understanding of how the planet's climate has changed over time. Sharaf further says that presently, by consolidating the two datasets from the EMM and MAVEN missions and analyzing the results together, we are able to assemble a powerful response to many fundamental questions we've got about Mars and the evolution and dynamics of its atmosphere.

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Fri, 08 Apr 2022 12:00:00 GMT
<![CDATA[Dubai announces new pension fund law]]> Dubai announces new pension fund law

Dubai issued Law No. (7) of 2022 on the Local Military Pensions and Social Security Fund. The law was proclaimed with an aim to support Dubai's vision within the domain of social security and pensions and make sure the implementation of best practices. The Fund additionally seeks to boost the quality of services offered to its beneficiaries. It also ensures the rights, and insurance needs of contributors, pensioners, and their beneficiaries.

According to the Law, the Director-General of the Department of Finance (DoF) is authorized to oversee the administrative, technical, and monetary affairs of the Fund. Additionally, the Chairman of The Executive Council of Dubai will nominate an Executive Director for the Fund.

Once the law comes into impact, all the liabilities and assets of the Local Military Pensions and Social Security Division at the DoF are transferred to the Fund and also this Law annuls the Executive Council Resolution No. (25) of 2006 concerning the creation of the Local Military Pensions and Social Security Division and any other legislation which contradicts it.

The Law No. (7) of 2022 will be effective from the date of issuance and will be published in the Official Gazette.


 

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Mon, 04 Apr 2022 07:00:00 GMT
<![CDATA[Indian Competition Amendment Bill]]> Indian Competition Amendment Bill

With the advent of a continually evolving digital economy, the Indian legislature shifted its focus to the India Competition Law to ensure that it is in line with the digital markets. As a result of this, the new amendment Bill namely the Competition Amendment Bill 2020 was brought forward with major changes with respect to the mergers and acquisitions and as per the Amendment Bill, 2020, those mergers and acquisitions which have or might have an appreciable adverse effect on competition, considering their volume of or the manner of data processing by the parties, shall be held as violative of the Competition Act.

Big data is defined as a vast set of information that contains all of an individual's online actions, and it is this data that assists both companies and customers in making purchasing and research more personalised in nature, thereby commercialising the data of the consumers. Big data mergers, which have been at a twofold rise between the years 2008-2015 as per the OECD Report, are not investigated by the Competition Commission of India (CCI) until they exceed the threshold set out in Section 5 of the Competition Act (which is based on the asset turnover approach). Now, the Amendment Bill does not give the CCI direct authority to deal with Big Data mergers; rather, it gives the Central Government the authority to decide, in consultation with the CCI, to bring forth any other approach, other than asset turnover, to notify a merger transaction to the CCI, as long as the said approach is in the public interest.

But the said amendment has been criticized on the grounds that, what exactly does the term public interest means has not ben defined under the amendment and that the said amendment does not actually provide for protection of public interest and secondly that the said amendment has diluted the power of the CCI as the power to decide the threshold has been provided to the Central Government. Apart from this, another way in which the powers of the CCI have been diluted is that the amendment provides for the formation of a governing body that would include members appointed by the Central Government. Thu, though there is a need to govern the digital landscape with respect to mergers of big data companies, it is important that the CCI is provided with more powers through the new amendments rather than dilution of its powers.

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Mon, 14 Feb 2022 12:00:00 GMT
<![CDATA[Supreme Court of India Issued Notice on Amazon’s Plea Against Delhi High Court’s Stay on Singapore Arbitration Proceedings with Future Group]]> Supreme Court of India Issued Notice on Amazon's Plea Against Delhi High Court's Stay on Singapore Arbitration Proceedings with Future Group

On 9th February 2022, the Supreme Court of India issued notice to Future Retail Ltd. and Future Coupons Pvt. Ltd. on the special leave petition filed by Amazon against the Order of Delhi High Court that had stayed the arbitration proceedings taking place in Singapore between Amazon and Future Group till 1st February 2022. The petition is now listed for hearing on 23rd February 2022.

Background

Amazon had invested Rs. 1431 crores in Future Coupons Pvt. Ltd. (FCPL) based on certain special, material protective/negative rights available to FCPL in Future Retail Ltd. (FRL). Specifically, the retail assets of FRL would not be alienated without Amazon's prior written consent and never to a Restricted Person. FCPL and FRL further agreed that FRL would remain the sole vehicle for the conduct of its retail business. The entire investment of Rs. 1431 Crore was invested by FCPL into FRL. FRL received the benefit of Amazon's entire investment of Rs. 1431 Crore.

Thereafter, in August 2019, three Agreements were entered into and it was observed that Future Group had begun breaching the Agreements by permitting their shareholding in FRL to get further encumbered. On 29th August 2020, a transaction relating to the transfer of FRL's assets to Mukesh Dhirubhai Ambani Group (MDA) was approved, despite the fact that MDA was a Restricted Person as per FCPL-SHA ( Disputed Transaction).

On 5th October 2020, Amazon initiated Arbitration proceedings as per the Arbitration Clause and according to the Rules of Singapore International Arbitration Centre (SIAC).

However, on 5th January 2022, the Delhi High Court had passed an Order staying the arbitration proceedings between the parties before the Singapore Arbitral Tribunal till 1st February 2022. Aggrieved, by this Order of the Delhi High Court, Amazon preferred a special leave petition before the Supreme Court contesting that the Order was in violation of the provisions and purpose of the Arbitration and Conciliation Act as arbitration requires party autonomy and minimal judicial interference.

 

 

 

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Thu, 10 Feb 2022 10:40:00 GMT
<![CDATA[New York’s New Insurance Disclosure Act]]> New York's New Insurance Disclosure Act

A new law, namely, the Comprehensive Insurance Disclosure Act (Senate Bill 7052), was signed by Kathy Hochul, the Governor of New York, on 31 December 2021. Now, as per this new law the defendants, defendants on the counterclaims, defendants on the cross claims and the defendants of the third-party are obligated to produce the original copy of all of the umbrella clauses and excess insurance policies that satisfy the judgment, either wholly or partly and this should be completed within 60 days from the date the claim has been answered by the defendants. 

Additionally, in case there is any pending information pertaining to the policies that has not yet been provided in any of the pending cases, then such information is to be provided by 1 March 2022. Apart from the policies, the party, who is required to produce the documents must also produce the applications, the contact details of the person who is responsible to adjust the claim, information pertaining to limits erosion, and the amount that is available under the policies (at that time). The disclosing party, on the other hand, along with his/her counsel is required to certify the informational accuracy of the documents and information produced by the producing party. Further, the disclosing party has also been mandated to make reasonable efforts and take reasonable steps for updating the information, if it is erroneous or incomplete, within 30 days of receiving the information pertaining to the fact that the information provided was inaccurate.

This new law has indeed increased the disclosure requirements and imposed the burden of disclosure on the defendants. Initially, Section 3101(f) of the C.P.L.R., which was amended through the Senate Bill 7052 (i.e., the New Insurance Disclosure Act), provided the parties the autonomy to seek through discovery, the insurance information. The new law makes it an obligation, the burden of which falls upon the defendants, and this is why the said law has been criticized as they seem too problematic and burdensome.

 

 

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Sun, 06 Feb 2022 04:58:00 GMT
<![CDATA[Seizure of Air India and AAI Dues by Canadian Courts]]> Seizure of Air India and AAI Dues by Canadian Courts

A Canadian court has ordered the International Air Transport Association (IATA) to seize funds received in favor of Air India and the Airports Authority of India (AAI). The Superior Court of Quebec issued two different decisions on November 24 and December 21 demonstrating that the IATA has confiscated assets belonging to the AAI valued at approximately $6.8 million. The absolute cost of the Air India assets seized was not immediately available. The order resulted in the seizure of approximately $6.8 million belonging to the Airport Authority of India. The actual sum owed to Air India that has been delayed as a result of the ruling is unknown. Three shareholders of Devas which won a $111 million arbitration award against the government filed an action request with the Superior Court of Quebec, and sequestration orders were granted based on their requests. Airport navigational services (route navigation, terminal navigational, and landing charges) brought in Rs 3592 crore in FY 19-20, accounting for roughly 28% of AAI's earnings. With Air India, ticket prices are handled by global distribution systems (GDS) such as Amadeus or Travel port. As per Standard, GDS accounts for almost half of its earnings, which is subsequently connected to IATA's billing and payment scheme. Air India responded to the asset seizure ruling by deleting all of its ticket portfolios from GDS. AAI claims it will file a legal challenge to the Canadian court's decision. "The AAI is still not served with any order in this issue by the Quebec Court of Canada." Nonetheless, at the desire of the AAI, the IATA supplied some papers to halt the transfer of money obtained on the AAI's behalf. The Airports Authority is pursuing legal action to defend itself, according to a statement. Following the granting of the court judgment in Canada, Air India reportedly deleted its airline inventories from the global distribution system linked to the IATA. This might explain why Air India tickets were suddenly unavailable on platforms like Amadeus, Travel Port, and others used by travel agents during the recent holiday season.

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Tue, 01 Feb 2022 12:00:00 GMT
<![CDATA[Dubai DFSA fines $136 mln on Abraaj Group founder Arif Naqvi]]> Dubai DFSA fines $136 mln on Abraaj Group founder Arif Naqvi

The founder of Abraaj Group which is now defunct, Mr. Arif Naqvi has been banned from Dubai's Financial Centre and fined $135.6 million because of his role in the private equity firm's 2019 collapse. Waqar Siddique, Abraaj's former COO, was also fined $1.15 million by the Dubai Financial Services Authority. The verdict notifications have been submitted to the Financial Markets Tribunal by Naqvi and Siddique, who disagree with the DFSA's rulings.

In 2002, Mr. Naqvi formed the Abraaj Group. It expanded becoming the world's biggest private equity firm during his tenure, with an estimated USD 14 assets worth. Mr. Naqvi was the Abraaj Group's major shareholder, CEO, and Executive Vice Chairman. Mr. Naqvi was the Abraaj Group's face and personality, and he built his brand and image around the world based on the Group's ostensibly successful effect investment plan. He was the Abraaj Group's single most powerful individual and the final decision holder on material or contentious issues. Mr. Naqvi was deliberately engaged in defrauding investors about the misuse of their assets by Abraaj Investment Limited (AIML), a Cayman Islands-registered entity not regulated by the DFSA, according to the Judgment Notice. Mr. Naqvi intentionally developed, orchestrated, authorized, and implemented acts that explicitly or implicitly mislead and defrauded investors, according to the DFSA.

Specified that investor funds be used to fund the Abraaj Group's cash flow and other obligations; Investors were assessed according to their likelihood of filing a complaint or dispute, and those who were less inclined to do so had their funds raised and reports withheld. Approved and personally prepared false and misleading investor statements to conceal the misappropriation of their monies. Mr. Naqvi also tried to persuade senior staff members at the investors' firms to dismiss their concerns. Was instrumental in concealing a USD 400 million shortfall in two funds by temporarily borrowing money to produce bank balance verification and income reports to deceive auditors and investors;

Authorized an alteration in a fund's fiscal year – year-end to avoid declaring a USD 200 million loss, and activities arranged for a USD 350 million loan from an individual in favor of making the Abraaj Group seem solvent and satisfy investor requests.

Mr . Naqvi ordered and urged other Abraaj senior management members to deceive and mislead the Funds' financiers.

By their position as the neck of the AIML Global Investment Committee and his conduct in managing the Abraaj Funds, Mr. Naqvi was also intentionally participating in AIML carrying out illicit Financial Service activities in or from the DIFC.

 

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Fri, 28 Jan 2022 12:00:00 GMT
<![CDATA[Singapore Updates on Companies Law to Strengthen Corporate Governance]]> Singapore Updates on Companies Law to Strengthen Corporate Governance

The new Singapore Corporate Registers (Miscellaneous Amendments) Act, passed by Parliament, altered the Singapore Companies Act and the Limited Liability Partnerships Act (LLP Act). This change complies with the FATF's standards, an intergovernmental body that aims to prevent terrorism funding and money laundering by establishing international standards for preventing these acts and any harm that might be caused due to such activities.

As a result of the said amendment Act, the Singapore companies, both foreign and local, would now be required to keep registers pertaining to the nominee shareholders and their nominations. They would also be required to update their records within seven days of being informed by the nominee as per international standards. The said amendment Act was brought into force to strengthen the corporate governance regime in Singapore. Initially, there were problems pertaining to the lack of transparency regarding the identity of the holders who had actual control over the company's shares, and this is an international concern. These amendments would provide clarity and help combat issues like terrorism financing, money laundering, and other problems that threaten the financial system internationally. In the case of a nominee, the shareholder holds the shares on behalf of the other person. This person holding the shares is called the nominee shareholder, while the person for whom the nominee shareholder owns the shares is called the nominator.  

The previous laws did not provide for the identification of the nominators as they were not recorded as shareholders, and since it was not clear who was holding the shares, this became a problem. In addition to this, certain new requirements were introduced for enhancing the transparency of the control and the beneficial ownership of the companies. This would further lead to increasing the cost of compliance for the companies. Still, this amendment is applicable to Companies and LLPs, so it would not negatively impact small businesses. This amendment will indeed pave a way to fulfill the responsibility of being a transparent and rule-based global player in financial services.

 

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Wed, 26 Jan 2022 12:00:00 GMT
<![CDATA[Can HR legally demote an employee?]]> Can HR legally demote an employee?

Whether an employer can demote an employee depends mainly on the employment contract terms. If the employee agrees in the contract that they could be demoted and have their pay reduced in certain circumstances, a court could find that contract to be binding. Without any such agreement, however, the demotion of an employee would more likely be treated as a constructive dismissal if it is a fundamental and unilateral change to the employment agreement.

  • A court may examine the following factors when assessing whether a demotion is a constructive dismissal:
  • Whether or whether the employee is currently in a lower position in the company's hierarchy or reporting chain
  •  If there have been significant changes to the job,
  •  If the demotion would be humiliating or unpleasant,
  •  If the employee's responsibilities are delegated to someone else,
  •   If there is a change in remuneration as a result of this,
  •   If it has the potential to affect future advancement opportunities, and
  •   If the employer acts dishonestly.
  • There will be no single factor that will determine the outcome. An employment lawyer can determine if these conditions are met, resulting in a constructive dismissal.

    In Canada, a demotion would be considered 'essential' to the terms and conditions of employment and, as such, would necessitate notification. The nature of the change, which can encompass a variety of aspects, plays a significant role in determining if the change is fundamental. Even if an employee is constructively dismissed, they may not be allowed to depart and sue for damages. There may be a legal need to stay in a position to mitigate their losses. Every case is unique, and employers should seek professional counsel before making adjustments.

    Changes that could be construed as a demotion should be carefully considered by employers. If job performance is the reason for the probable demotion, employers should address it first through a performance improvement and assessment system rather than a unilateral demotion. Any future modifications to the job should be discussed with the employee, and feedback should be obtained. If a new or different position is being offered, make sure the employee receives a work description and is given the time to ask questions about the job's expectations, responsibilities, and other difficulties. If no alternatives are available, a notice of the change should be considered.

    HR leaders should plan ahead of time, even if they believe valid reasons for a demotion. Employees are understandably sensitive to any interference with their professional responsibilities. Demotions should not be used as a replacement for good performance management.

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    Mon, 24 Jan 2022 12:00:00 GMT
    <![CDATA[Philippines Anti-Child Marriage Law]]> Philippines Anti-Child Marriage Law

    The law prohibiting Child Marriage Law was signed by the Philippines President, Rodrigo Duterte. The said law, prohibiting child marriage and making it illegal in the country, came to force on 6 January 2022. The objective behind bringing the said law to force was because the right to choose spouse and right to get married are two of the most important human rights, i.e., rights that are inherent to the human beings not by some law, rather by the virtue of their birth.

    Child marriage is a kind of child abuse since it diminishes the dignity and worth of children. This initiative to prohibit child marriages is a positive step in line with the International Covenant on the Rights of Women and Children. The Philippines ranks 12th in the highest number of child marriage index per the organization, namely, Plan International, a rights organization based in Britain. Before the child marriage prohibition law came to force, the consenting age of a child was 12 years, which was one of the prominent reasons for marriages in the Philippines of children, thereby leading to sexual harassment and sexual abuse. This was a major problem as there have been many cases, one of which included a man who impregnated a 12-year-old child to be acquitted, and the reason behind the said acquittal was that the child consented to the act.  

    The new law has provided for strict penal punishment for anyone who marries a child or anyone who organizes such an act. The new law states that if anyone marries or cohabits with any person under the age of 18, then that said apprehender would be imprisoned the term of which would be 12 years, and the same punishment shall be accorded even to those who solemnize or organize such marriages. As stated previously, this new law is in consonance with the International Covenant on Women's and Children's Rights. In furtherance to this, another Bill has been passed in the Senate for raising the consenting age from 12 to 16 years. This indeed seems like progress, but it will be effective only through strict scrutiny, spreading awareness, and practical implementation.

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    Fri, 21 Jan 2022 12:00:00 GMT
    <![CDATA[Google: Abuse of Dominance in news Aggression]]> GOOGLE: ABUSE OF DOMINANCE IN NEWS AGGREGATION

    A complaint was filed by the Digital News Publishers Association, which is an association comprising of various news online platforms including the Times Group, NDTV, India Today, etc. against Google LLC, Google Ireland Ltd., Google India Pvt. Ltd., and Alphabet Inc., under section 19(1)(a) of the Competition Act, 2002, on 7 January 2022, claiming that Google had abused its dominant position.

    Arguments Raised by the Claimants

    The claimants claimed that section 4 of the Competition Act, which deals with an enterprise's abuse of dominance, had been violated. This is because more than half of all news websites on the internet are routed through Google, which means that Google selects which news websites are discovered by users online. The complainant further claimed that Google was a major stakeholder in the digital/online advertising industry, giving them the authority to determine the amount to be paid and how it should be paid to the publisher. Google was said to have a monopoly position in the relevant markets. The complainant furthered their arguments stating that there has been a violation of the following clauses of Section 4:

  • (2)(a)(i): Arbitrary conditions were imposed on the publishers, which amounted to an abuse of dominance.
  • (2)(b)(ii): The unfair practices that Google indulged in had an impact of deterring the technical innovation of the publisher's services that impacted not only the whole industry of journalism but also had the potential to create a deficiency of services for the consumers.
  • (2)(c): Google had restricted the publishers' access to the digital space, and the unfair and unilateral practice that Google adopted led the publishers to suffer huge losses.
  • (2)(e): Irrespective of the presence of Google in news aggregation, it does not provide its own news, i.e., its growth is attributable merely to its dominant position because it tailors information of its customers based on their search history, thereby forcing the publishers to use Accelerated Mobile pages which works to their detriment.
  • Order of the Commission

    After considering the said arguments and the case of Google Search Bias, wherein it was held that Google did enjoy a dominant position, ordered an investigation against Apple. Inc as well as Google, under section 26(1) of the Competition Act, stating that since Google enjoys a monopoly in the area of online search, the possibility of imposition of uncertain conditions could not be ruled out completely, as the publishes were dependent on Google and had no option apart from accepting the unfair conditions imposed. This further leads to the creation of entry barriers, thereby creating a hindrance for developing more sophisticated algorithms. Now, as per the procedure, once the investigation is complete and a report is submitted by the Director-General (within 60 days of this order), the technicalities pertaining to the said matter will be decided.

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    Wed, 19 Jan 2022 12:00:00 GMT
    <![CDATA[Joint Parliamentary Committee Recommendations on The Indian Personal Data Protection Bill]]> Joint Parliamentary Committee Recommendations on

    The Indian Personal Data Protection Bill

    The Joint Parliamentary Committee (JPC) published its recommendations on the Personal Data Protection Bill, 2019 (hereinafter referred to as the PDP), in December 2021. The Committee believed that the Bill frustrated the fundamental objective of the right to privacy, which was one of the reasons for the conception of the PDP Bill. As per the recommendations, the Committee provided that the law on data protection should be inclusive of non-personal data and anonymized data as well, as any violation of the non-personal data of the data principal shall also amount to the breach of privacy enshrined under Article 21 of the Constitution. As a result, the Committee recommended that the Bill be renamed the Data Protection Bill, 2021 (DP).

    The Committee further recommended including the definitions of non-personal data as well as a data breach. We know that the right to privacy also includes the right to be forgotten, and the PDP Bill contained such provisions pertaining to the same. But, the Committee stated that such an action might not always be possible due to certain legal obligations; as a result, the provision was altered to consider the cases wherein such erasure of data would not be possible along with the interests of the government. The Committee also recommended that in case of a data breach, the notice by the data fiduciary should be made to the DPA within 72 hours of being aware of the breach. Further, another recommendation was the requirement of fresh consent of a child within three months of the child becoming a major.

    Further, any fiduciary that deals with children's data needs to be registered with the DPA and has to be added as a significant data fiduciary. The Committee also deleted the concept of a Guardian Data Fiduciary. Additionally, the Committee also observed the importance of localization of data from the point of view of national security and the privacy of the individuals. It recommended that the government ensure that the mirror copy of the critical and sensitive personal data of the individual already in possession with the foreign entity should be brought to India within a specified time. The Committee observed that the correct term for the 'social media intermediary'  should be 'social media platforms as they help people communicate online.

    The 2019 Bill provided for exemption of the application of the provisions of the PDP Bill to the Government agencies. Still, the Committee recommended that the procedure followed by these agencies, after exemption, should be just, fair, and reasonable. There were also recommendations pertaining to the data of the deceased, liability on violation of the provisions, data transfer and portability, complaints, compensations, and penalties. These recommendations have led to the creation of a new Bill, namely the Data Protection Bill, 2021, that removes the shortfalls of the 2019 Bill, thereby upholding the spirit and objective and the principle of the Right to Privacy.

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    Mon, 17 Jan 2022 12:00:00 GMT
    <![CDATA[The new cybercrime law of UAE was enacted in January 2022]]> The new cybercrime law of UAE was enacted in January 2022

    The long-awaited UAE Personal Data Protection Law, Federal Law 45 of 2021 on Personal Data Protection ("Law"), was issued on 27 November 2021. The Emirates Data Office ("Data Office"), constituted under Federal Law 44 of 2021, will serve as the new data regulator. The Data Officer will be in charge of executing the law and releasing enabling statutes and instructions, among other things. The law took its effect on 2 January 2022, and its Executive Regulations, which elaborated on essential themes, will be published within six months after that date (currently 28 May 2022). Controllers and processors will have six months to comply with the law from the date the Executive Regulations are released, though the Data Office has the authority to extend this term if required.

    The law is strongly influenced by the EU General Data Protection Regulation (GDPR), and most of its core ideas, such as the data protection principles, are reflected in the legislation (i.e., the core principles that underpin all personal data processing such as a need to ensure that processing is fair, transparent and lawful; that the personal data processed is adequate and relevant for the purpose; and that the personal data is kept secure and protected against unauthorized processing using appropriate organizational and technical measures). The legislation aims to safeguard the public from online crimes committed through social media networks and information technology platforms and secure government websites and databases, and prevent the spread of rumors and false or misleading information.

    Per the legislature, taking pictures of others in any public or private place, spreading, replicating, or storing the images electronically, as well as publishing news, photographs, scenes, comments, data, or information, even if they are true, with the intent of harming the person the photographs are taken of, is a crime punishable under the law amendment. Given the significance of these bodies, the Cybercrimes Law went even farther by referring to and mentioning those specific institutions to provide for a more severe penalty. Anyone who intentionally malfunctions, halts, damages/destroys an electronic system, website, or tool as specified in the Cybercrimes Law faces a term of imprisonment (not less than a year) and a fine ranging from AED 500,000 to AED 3 Million.

    As of now, the effectiveness of legislation aimed at combating cybercrime has shown few, if any, of the expected flaws. However, it is widely acknowledged that a law is only as flawed as the authorities' methods for enforcing it. The UAE has demonstrated that its rapid response to the evolving nature of cybercrime will aid in maintaining the integrity of the cybercrime law's punishments and penalties.

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    Fri, 14 Jan 2022 12:00:00 GMT
    <![CDATA[New Federal Electronic Transactions and Trust Services Law for UAE]]> New Federal Electronic Transactions and Trust Services Law for UAE

    The UAE has published Federal Decree by Law Number 46 of 2021 on Electronic Transactions and Trust Services ("Law"), a new electronic transactions law. To increase legal clarity in electronic contacts, it incorporates legal ideas into UAE law similar to the European eIDAS Regulation. As of January 2, 2022, the existing Federal Law No. 1 of 2006 covering e-transactions and e-commerce (the "Old Law") has been repealed. However, individuals subject to the Law have a 12-month grace period to guarantee that they are in compliance. The Telecommunications and Digital Government Regulatory Authority ("TDRA") will be the law's competent authority. Still, the Federal Authority for Identity and Citizenship will issue controls in relation to trust services provided to the government sector and any trust services that rely on the Federal Authorities for Identity and Citizenship's information or services (e.g., Emirates ID).

    According to the Law, all providers of "trust services" must get a license from the TDRA. It is unclear how broad this licensing need is, as it might encompass the provision of any electronic signature technique. Certified Trust Services have more legal ramifications and are subject to a more rigorous review under the Law. No one may provide certified trust services unless they have secured a license from the TDRA in accordance with the Law and its Executive Regulations.

    The TDRA will compile and publish a UAE Trust List, which will include a list of licensees and their trust services. The UAE Trust List will be governed by the Executive Regulations, which will specify the rules and requirements for admission. In accordance with the Old Law, the law controls the validity of electronic documents. Despite the fact that there is a 12-month grace period and that adopting executive regulations is required, firms must explore how to establish adequate trust services to make their electronic transactions more safe and dependable under the Law.

     

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    Wed, 12 Jan 2022 12:00:00 GMT
    <![CDATA[Dubai's alcohol license restrictions have been changed]]> Dubai's alcohol license restrictions have been changed

    The United Arab Emirates has implemented a slew of new legislation and measures that will greatly impact locals and visitors. The UAE has also relaxed the alcohol intake and purchase rules as part of the reform.  As per the latest government announcement, purchasing and drinking alcohol without even a liquor license will no longer be deemed a criminal in Dubai. The ruling covers the entire country and is comparable to legislation passed in Abu Dhabi that made it easier for tourists and residents to purchase and consume alcohol.

    In the United Arab Emirates, drinking alcohol is no longer illegal. It signifies that whoever consumes alcohol, has alcohol, or sells alcoholic beverages in a licensed place will not be prosecuted. In 2020, Federal Decree-Law No 15 of 2020 completely changed Article 313 of Federal Law No 3 of 1987 on the Issuance of the Penal Law of the UAE, and some leniency was added in terms of alcoholic beverage consumption, possession, and dealing. The following are the provisions of stated Article 313 (as modified): 

    There will be no penalties for consuming, possessing, or trading alcoholic beverages in situations and locations that are permissible under applicable laws.

    Each Emirate shall regulate the consumption, possession, dealing with, and trafficking of alcoholic beverages, subject to (1) of this Article.

    Anyone who distributes or sells alcoholic drinks to anyone under the age of 21 or purchases them with the intent of providing them to such a person faces detention and a penalty not less than Dh100,000 and no more than Dh500,000, or any combination of the two penalties. "Whoever commits any of the aforementioned acts after ascertaining that the individual to whom alcoholic beverages are delivered or sold is at least 21 years old as evidenced by his passport or other official identity is not guilty of his offense."

    It should be remembered that only people over the age of 21 are legally allowed to drink, and sale to minors is still illegal. The UAE, like most countries, has a zero-tolerance policy for driving under the influence; the blood alcohol level is 0.00. Additionally, alcohol costs in the UAE are higher than the national average, creating a barrier for individuals wishing to buy. Further changes were enacted to Federal Law No. 3 of 1987, which made it illegal for Muslims to drink alcohol. The law of 2020 made a change to this.

     

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    Mon, 10 Jan 2022 12:00:00 GMT
    <![CDATA[Dubai issues new Law on the Rights of People of Determination]]> Dubai issues new Law on the Rights of People of Determination

    Dubai has published Law Number (3) of 2022 on the rights of people with disabilities. This legislation aims to ensure the integration of determined persons into society and their full participation in all aspects of life. The Law establishes the rights of People of Determination and the services that appropriate institutions should provide. These include inclusive education at all levels, rehabilitation, inclusive career possibilities in all industries, healthcare, therapeutic, and social services, and access to all services such as religious, police, and legal services. Relevant entities should also provide People of Determination access to data and information via different channels and information about their legal rights. The Law also intends to guarantee that People of Determination have access to banking services and may engage in various sports and entertainment programs, among other things.

    A permanent body will be constituted called the "Higher Committee to Protect the Rights of People of Determination," which will include members from relevant entities and people of determination. The Committee is in charge of overseeing all matters pertaining to persons of determination in Dubai and executing policies, strategies, and activities geared at preserving their rights. It is also charged with drafting legislation to protect the rights of individuals with disabilities and to integrate them into society.

    Furthermore, the Community Development Authority (CDA) in Dubai is tasked with building a mechanism that would allow persons with disabilities and their guardians to report any abuses of their rights. A person with a disability, his or her guardian, or anybody who sees a violation of rights or abuse of individuals with disabilities is required by law to report the occurrence to the appropriate authorities. The CDA is in charge of granting identity cards to those with disabilities who are registered in Dubai. The identity cards will allow persons with impairments to get access to places and services that have been designated for them.

    Infringers of the new legislation will face sanctions outlined in the Executive Regulation of the Law. Fines will be increased if an infraction is committed again within a year after the first, up to a maximum of AED100,000.

    The Dubai Statistics Centre has been charged with developing a database of individuals with disabilities in Dubai that will be used as a reference by decision makers for strategic planning and government policy creation on issues affecting people with determination.

    The new Law supersedes Law Number (2) of 2012 on the Protection of the Rights of Disabled People in the Emirate of Dubai. It also nullifies any other legislation that may be in conflict with it. The newly enacted Law takes effect on the date it is published in the Official Gazette.

     

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    Fri, 07 Jan 2022 12:00:00 GMT
    <![CDATA[New Indian Personal Data Protection Bill]]> New Indian Personal Data Protection Bill

    In pursuance to the concern pertaining to data protection, considering the shift to a completely online mode which was especially aggravated by the Covid pandemic and the landmark judgement of Justice K.S. Puttaswamy v. Union of India, wherein the Hon'ble Supreme Court held the Right to Privacy to be an indispensable part of the Right to life enshrined under Article 21 of the Constitution of India, the  Personal Data Protection Bill (hereinafter referred to as the PDP Bill), was introduced in the Lok Sabha in the year 2019, by the Ministry of Electronic and Information Technology. The objective of the said bill is to provide for the protection of the personal data of the individuals by the foreign companies, companies incorporated in India and the Government. For fulfilling the said objective, the Bill also provides for the establishment of an authority called the Data Protection Authority. For the purpose of this Bill the data of an individual has been classified as follows:

  • Personal Data
  • Sensitive Personal Data, which further includes the data like, health data, financial data, biometric data, etc.
  • It is important to understand that the processing of the personal as well as the sensitive personal data is done by the entity that is called as the Data Fiduciary and such processing would be subject to specific lawful and clear purposes only as specified under the Bill. The Bill provides in detail regarding the obligations of the data fiduciary which includes ensuring the required accountability as well as transparency measures for the protection of the data of the data principal (the individuals).

    The Bill further incorporates the Rights of the Data Principal like obtaining confirmation regarding processing of the personal data by the data fiduciary, having their personal data transferred to some other data fiduciary, in case of any emergency, restricting the disclosure of their personal data by the data fiduciary if the requirement of the same is extinguished or the consent for the use of the data has been withdrawn by the data principal.

    Similarly, one of the most important parts of the PDP Bill is that it sets up a Data protection authority, the function of which is to take steps to protect the interests of the data principal by preventing the misuse of his/her personal data and ensure the compliance of the Bill.

    Recently a Joint Parliamentary Committee (JPC) on the PDP Bill was set up to prepare a report on the 2019 PDP Bill. The Report of the JPC provided for a draft Bill namely the Data Protection Bill, 2021 (the word 'Personal Data was removed' to bring both personal and non-personal data within the ambit of the Bill) after incorporating their recommendations in the 2019 Bill. This Report and the Bill, conceived through the various deliberations, seeks to address all the shortcomings pertaining to Public Policy that plagued the 2019 Bill, and this is one of the reasons the said draft Bill has also been criticized.

     

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    Wed, 05 Jan 2022 12:00:00 GMT
    <![CDATA[Saudi Arabia approves new Law of Evidence]]> Saudi Arabia approves new Law of Evidence

    Last week, Saudi Arabia officially approved their new law of Evidence. The new law intends to improve the country's legal system. The legislation is one of four major legislative projects proposed by Crown Prince Mohammed bin Salman last year, along with the personal status law, the civil transactions law, and the penal code for discretionary sanctions. The law of Evidence is expected to eliminate inconsistencies in the court.

    The Council approved the law of Ministers. It consisted of multiple provisions that resulted in a qualitative leap in the procedures for various parts of presenting, examining, and making decisions on Evidence at the Kingdom's courts and other judicial institutions.

    A few features of the new law are as follows:

    • The law is divided into 11 chapters and various sections that deal with and examine existing evidence regulations and apply them to commercial and civil activities.
    • The statute establishes a precise procedure for interrogating and presenting deaf and hard of hearing people's testimony. The law requires that all facts be supported by considerable Evidence in order for the court to make a solid and failsafe verdict in the case.
    • The law empowers courts to extract Evidence using a variety of scientific approaches, including digital means. In collaboration with the Supreme Judiciary Council, the Minister of Justice will issue regulations for electronic procedures for presenting and examining Evidence and disseminating judgements based on this.
    • Unless it contradicts any provisions of the law, the law allows litigants to offer Evidence in accordance with the tradition or custom prevalent among them in their culture. Evidence can also be presented by administering various types of oaths.
    • There is a chapter dedicated to relying on the expertise and selecting a technical expert to resolve the dispute at hand.
    • According to the law, a confession is judicial if the plaintiff confesses the actuality of the allegations framed before the court. In contrast, an admission is non-judicial if it does not occur before the court or occurs during another case. The confession must be made either openly or implicitly verbally or in writing, and it will not be accepted if it is discovered to be false.
    • According to the legislation, the court must also avoid any attempt to coerce or influence the witness in the name of his testimony.

    There'd be no instances in which the witness is harmed due to his testimony.

    Thus, the law of Evidence is aligned with Saudis 2030 Vision, as well as international standards.

     

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    Mon, 03 Jan 2022 12:00:00 GMT
    <![CDATA[New Law on Personal Status of Non-Muslims in UAE]]> New Law on Personal Status of Non-Muslims in UAE

    According to state news agency WAM, a new mandate issued by Abu Dhabi's ruler on Sunday allows non-Muslims to marry, divorce, and have shared child custody under civil law. Expats make up over 90% of the Gulf state's 10-million-strong population, and the UAE is presently working to make itself more welcoming and accessible to international visitors.

    The decision to issue the first non-Muslim civil marriage contract was made in accordance with the Emirate of Abu Dhabi's Law No. 14 of 2021 on the Personal Status of Non-Muslims, which aims to ensure the emirate's leadership in regulating family matters for non-Muslims in accordance with international best practices.

    The Abu Dhabi non-Muslim status court issued the first civil marriage contract for spouses of Canadian citizenship. After the new court was launched on December 14, the first civil marriage contract in the Arab region was celebrated.

    This was drafted in accordance with international best practices. It provides non-Muslims the freedom to be subject to globally recognized civil principles that are culturally, customarily, and linguistically similar to their own.

    The civil marriage registration service is now available on the Judicial Department's official website for both residents and visitors. Contracting and registering marriages is done remotely via video conferencing, complying with the law's restrictions and controls.

     

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    Tue, 28 Dec 2021 12:00:00 GMT
    <![CDATA[New Cybercrime Law to be enforced in the UAE]]> New Cybercrime Law to be enforced in the UAE

    The UAE has been taking significant and proactive steps to combat the region's high rate of cyber-attacks. Adopting more comprehensive and simplified laws and regulations with stiffer punishments is the strategy to combat cybercrime in the area. The new Decree by Federal Law No. 34 of 2021 ("Cybercrimes Law") repeals the existing related legislation, specifically the Decree by Federal Law No. 5 of 2012. The law intends to improve community protection against online crimes perpetrated via networks and information technology platforms, as well as to secure public sector websites and databases and to combat the spread of rumors and misleading or fake news.

    Cybercrime typically entails using a computer as a tool to promote illicit purposes, such as fraud, trafficking in child pornography and intellectual property, identity theft, privacy issues, and so on. It involves distributing viruses, illegally downloading files, phishing and stealing personal information like bank account details. 

    Some features of the new law are as follows:

    • Compared to the previous legislation, the Cybercrimes Law is comprehensive and more elaborative. This is inferred through restructuring as well as adding provisions. 
    • Whoever creates an email, website, or electronic account and falsely assigns it to another is subject to an imprisonment sentence and/or a fine ranging from AED 50,000 to AED 200,000 under Article 11 of the Cybercrimes Law. If the email, website, or electronic account were used to hurt the victim, the penalty would be two years in prison.
    • Aggravated penalties for cybercrimes in the banking, medical, media and scientific institutions. 
    • According to Article 5 of the Cybercrimes law, anybody who willfully destroys suspends, or shuts a government entity's website or critical institution faces imprisonment and fines ranging from Dh500,000 to Dh3 million.

    This law will take effect on January 2, 2022, making it more difficult for criminals to penetrate data systems in the banking, media, health, and research sectors. The UAE's amended cybercrime law will give citizens and residents additional security in an increasingly digital world.

     

     

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    Sun, 26 Dec 2021 12:00:00 GMT
    <![CDATA[New Trademarks Law in the UAE]]> New Trademarks Law in the UAE

    The UAE is always keen on protecting the rights of brand owners has taken a step forward by updating their Trademarks law to cover the grey area of the old law. The new Trademarks Law No. 36 of 2021 reflects GCC unified Trademarks law laws and has expanded into surrounding sound, smell, 3D trademarks, and single color. It is one of the most extensive reforms the UAE has done in years.

    To protect brand owners, the new law has clearly stated that any trademarks that are identical or similar or an imitation of an already registered or well-known trademark cannot be reported.

    The new law has also established a grievances committee that will hear complaints or objections to the decisions of the trademarks office related to issuance or opposition, or cancellations. The committee will be headed by a judge selected by the Ministry of Justice. This will allow the committee to resolve the complaints related to trademarks quicker as the court procedures are time-consuming. The committee's decisions can be appealed directly to the court of appeal instead of the court of the first instance, reducing the time spent on litigation processes further.

    The cancellations of trademarks will now be carried out by the ministry of the economy instead of the court, further reducing litigation time.

    And the new law prevents geographical indications from being registered if they are similar in some way to an already registered trademark in the country. The GI, as defined by the new law, is "any indications showing that a good is originated from a member country of the world trade organization or in a region or a place in that region if that good's quality, reputation or characteristics are due to its geographical origin."

     

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    Tue, 21 Dec 2021 12:00:00 GMT
    <![CDATA[Dubai South, Huawei partner up to develop smart transportation ecosystem]]> Dubai South, Huawei partner up to develop smart transportation ecosystem

    Huawei, a leading global provider of information and communications technology (ICT) infrastructure and smart devices, has established strategic cooperation with Dubai South.

    Huawei's advanced digital technologies and solutions will be used to enable intelligent, connected, and sustainable communications infrastructure, data management, transportation, operations, security, and other associated services at Dubai South under the new agreement.

    Executive Chairman of Dubai Aviation Corporation and Dubai South, HE Khalifa Al Zaffin, stated that the collaboration with Huawei enables them to build an integrated aviation community designed to support advanced services tailored to the future of transportation and mobility.

    Huawei UAE CEO Jerry Liu stated that Huawei's technologies had been used in a few of UAE's most well-known airport initiatives. This collaboration is a step forward in Huawei's strategy to assist regional economies in flourishing via the use of cutting-edge digital technologies, all while maintaining a robust cybersecurity architecture that can tackle hot-button board-level problems like ransomware.

    Dubai South intends to establish a fully linked, high-bandwidth, low-latency private network for enormous machine interactions to develop a dynamic smart transportation system based on Huawei technology. Dubai South will also benefit from Huawei's expertise by constructing an innovative integrated operations center for centralized monitoring and control of operations, traffic, security, and other services. The two organizations will also seek new ways to enable autonomous and driver-assisted vehicles in a mixed-traffic, intelligent transportation system.

    Furthermore, for operational purposes, Dubai South and Huawei will investigate collaborating on an AI-enabled platform for various stakeholders, including aviation, logistics, education and training, leisure and hospitality, and other sectors. The two organizations will also establish and promote harmonized worldwide cybersecurity standards to protect digital transformation initiatives.

    Huawei is dedicated to assisting customers in the government, transportation, real estate, education, healthcare, and hospitality industries in accelerating digital transformation and lowering IT costs. Huawei pushes the UAE closer to adopting a fully connected, intelligent world by providing comprehensive solutions for large-scale infrastructure projects.

     

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    Sun, 19 Dec 2021 12:00:00 GMT
    <![CDATA[UAE issues Landmark Federal Data Protection Law]]> UAE issues Landmark Federal Data Protection Law

    The United Arab Emirates has recently published a landmark federal data protection law as part of the legal reforms issued by the UAE Cabinet Office. This Federal Decree-Law No. 45 of 2021 will come into force on the 2nd of January 2022 and will have extraterritorial jurisdiction. The Data Protection Law offers a framework to maintain confidentiality and preserve the privacy of persons by mandating organizations that fall under the scope of the Data Protection Law to have adequate governance for the administration and protection of personal data. The law will apply to both controllers and processors based in the UAE and those outside the UAE who will process the personal data of UAE residents (i.e., data subjects). This applicability expressly excludes government authorities, health, banking, and credit industries as they have sector-specific legislation and companies located in free zones as they have their data protection laws. The Data Protection Law will grant data subjects several rights regarding their data, including the right to request the transfer of their data, to access their data held by a controller, to have their data amended or erased, to restrict the processing of their data in certain circumstances, and to object to automatic processing - and certain types of data processing, such as marketing.

    This Data Protection Law also establishes a Data Office enforced through Federal Decree-Law No. 44/2021 on Establishing the UAE Data Office. The office will also be in charge of developing data protection policies, overseeing the implementation of federal legislation governing personal data, and establishing methods for complaints and grievances. It will also guide authorities, including how to execute the data protection legislation.

    In comparison to international data protection regimes, The UAE Data protection law can be compared to the 'GDPR,' or formally, the European Union's General Data Protection Regulation and Saudi Arabia's recent data protection law.  The UAE, like the GDPR, would prohibit the processing of personal data without data subjects' particular, clear, and unambiguous consent, expressed in the form of a clear positive statement or action. The consent requirement is waived if the processing is required to fulfill a contract with a data subject, comply with legal responsibilities, or defend the public interest.

    Owing to this new law, all organizations subject to this new law should assess their activities and align themselves with the requirements. Data processors and controllers will have six months from the 2nd of January to ensure compliance with the new law.

     

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    Thu, 16 Dec 2021 12:00:00 GMT
    <![CDATA[Fraud-friendly faults in bounce back loan scheme]]> Fraud-friendly faults in bounce back loan scheme

    In April 2020, the Bounce Bank Loan program was established with the goal of keeping small companies afloat during the coronavirus pandemic. The National Audit Office's assessment of the government's fraud prevention procedures for the Covid-19 Bounce Back Loan Scheme, published as a year-end report, has a strong "could do better" tone to it.

    The NAO has deemed the government's efforts insufficient and has stated that revisions are required if the estimated £5 billion lost is recovered. It has cited a current focus on organized crime's attempts to exploit the program, claiming that this will result in many lower-level fraudsters going unreported or unpunished.

    The emphasis was on distributing the money as quickly as possible with the bare minimum of checks under a scheme that insured bank loans of up to £50,000 to aid businesses during the outbreak. Like bees to a honey pot, this was always going to attract con artists. So it's no surprise that the NAO has now said unequivocally that the fund was prone to fraud and losses – and that this was still the case after seven months of existence.

    HM Revenue and Customs will have to devote substantial resources to recoup the losses. It will also mean that regulated professions will be scrutinized, with HMRC and other enforcement agencies to see if reporting requirements have been completed.

    The NAO's portrayal of the situation is undeniably pessimistic. It shows a condition in which the authorities are scrambling to reclaim money that should never have been given out in the first place.

     

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    Tue, 14 Dec 2021 12:00:00 GMT
    <![CDATA[US State Department Assigns 12 Foreign Officials for Human Rights Violations]]>  

    US State Department Assigns 12 Foreign Officials for Human Rights Violations

    Proceeding with a continued effort to imbue human rights into its foreign policy, the US Department of the State Friday the state prosecuted 12 representatives of foreign governments for gross human rights violations or corruption.

    US Secretary of State Anthony Blinken suggested coinciding with International Human Rights Day, 2021. The missions follow coordinated action with Canada, the EU, and the UK to support leaders of Myanmar and Belarus to show restraint towards their citizens.

    The list of names includes four Chinese authorities for their contribution to the arbitrary confinement of Uyghurs and other religious and ethnic minorities. Mario Plutarco Marin Torres, the former governor of Puebla, Mexico, for his arbitrary imprisonment and torture of journalist Lydia Cacho, and Sri Lankan naval intelligence officer Chandana Hettiarachchi for his inclusion in the confinement and disappearance of a group of predominantly Tamil victims held for recovery at navy bases in Colombo and Trincomalee. This group is Trincomalee 11.

    Under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriation Act, persons with credible evidence that they have been associated with gross violations of human rights can be assigned and become ineligible for entry into the United States.

    We are determined to place human rights at the focal point of our foreign policy, states Blinken, and that we reaffirm this responsibility by utilizing correct tools and authorities to draw attention to and advance responsibility for human rights violations and abuses, regardless of where they happen.

    The Department of the Treasury's Office of Foreign Assets Control additionally obligatory penalties on fifteen individuals and ten entities for their roles in severe human rights abuse and suppression. The list includes the Chinese firm Sense Time, Russian university European Institute Justo, and four Chief Ministers of Myanmar who nearly actually supported violence against their people.

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    Thu, 09 Dec 2021 12:00:00 GMT
    <![CDATA[Dubai Altered It’s Arbitration Landscape]]> Dubai Altered It's Arbitration Landscape

    Dubai Altered Its Arbitration Landscape

    On September 20, Dubai Decree No. 34 of 2021 on the DIAC went into effect, as a result: The Emirates Maritime Arbitration Centre (EMAC) and the Dubai International Financial Centre's Arbitration Institute (DAI) were decommissioned, and their rights and responsibilities were transferred to the Dubai International Arbitration Centre (DIAC).

    The Decree allows DIAC to effectively fill the shoes of the dissolved arbitration organizations while putting out a detailed statute outlining DIAC's future goals, scope, and structure.

    DIAC's headquarters will be in Dubai, with a Dubai International Financial Centre (DIFC) branch. The Decree's DIAC legislation outlines the agency's goals. The goals are to establish Dubai as a dependable hub for resolving disputes through alternative dispute resolution; strengthen DIAC's position as one of the best options for parties to resolve disputes efficiently and effectively by applying international best practices; alongside expand the use of alternative dispute resolution in a way that benefits Dubai's financial and business community. All of the EMAC's and DAI's rights and liabilities are transferred to DIAC under the terms of the Decree. This can include the transfer of property ownership, financial appropriations, and, in some cases, workers. Unless the parties agree differently, all agreements executed as of the Decree's entry into force for resorting to arbitration under the EMAC or the DAI remain valid and effective. However, that DIAC will replace the defunct arbitration organizations in hearing and resolving disputes.

    The Decree also stipulates that, unless the parties agree differently, tribunals and committees previously established shall continue to hear and decide arbitration cases before them without interruption, provided that DIAC and its administrative body supervise these cases.

     

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    Tue, 07 Dec 2021 08:38:00 GMT
    <![CDATA[Abu Dhabi Amends Hunting Laws to Preserve National Heritage]]> Abu Dhabi Amends Hunting Laws to Preserve National Heritage

    Abu Dhabi Amends Hunting Laws to Preserve National Heritage

    Abu Dhabi has issued a local decree revising the executive regulations published by Resolution No. (69) of 2015 for Local Law No. (22) of 2005 on hunting regulation to safeguard the environment while preserving the rich Emirati history. The goal of the update is to increase the economic worth of natural resources. It also guarantees that traditional practices such as falconry adhere to international environmental sustainability guidelines.

    The most significant change brought about by this legislation is that instead of collecting a species fee from hunters, a license will be provided. Traditional hunting licenses will be issued by the Environment Agency Abu Dhabi (EAD), which will also establish the terms and limitations for hunting outside of authorized zones.

    These new rules make hunting illegal within the boundaries of protected areas, rangelands, and restricted zones. The Act aims to create a legal framework for hunting activities that would allow the emirate to verify that hunting practices are consistent with its conservation and environmental programs.

     

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    Sun, 05 Dec 2021 08:30:00 GMT
    <![CDATA[New Law on Online License]]> New Law on Online License

    All Electronic Media Activities kind of finished withinside the State, inclusive of the ones in unfastened zones, consistent with the regulations in a subtle way in a sort of major way. While the phrase " media pastime" isn't described withinside the Regulations; They do provide a listing of 4 pastime sorts that the NMC generally regards to be particularly "Electronic Media sports" and for which an Electronic Media Licence is required. The following definitely are the sports as defined withinside the Regulations web sites for trading, offering, and promoting audio-visible and print materials\\\"; \\\"on-call for digital publishing and printing\\\"; \\\"specialized web sites (e-advertising, information sites, and so on)\\\"; and \\\"any digital interest that the NMC may also essentially specifically determine to include\\\" Given the vast language used withinside the Regulations to mostly generally explain every class of \\\'Electronic Media interest,\\\' and, in particular, the \\\'catch-all\\\' reference to \\\"any digital interest that the NMC might also additionally specifically particularly decide to add,\\\" it\\\'s miles feasible that a extensive variety of sports performed withinside the UAE thru digital media will fall in the scope of \\\'Electronic Media sports,\\\' and, as a result, an Electronic Media Licence could generally basically be required, which essentially particularly is quite significant, contrary to popular belief. The Regulations definitely kind of include a variety of really very practical issues that people or businesses engaged in \\\' Electronic Media activities\\\' in the UAE should particularly mostly think about when applying for an Electronic Media Licence.These are the regulations that each very definitely individual has to abide by. The Regulations generally mostly include a variety of convenient issues that people or businesses engaged in \\\' Electronic Media activities\\\' in the UAE should, for the most part, think about when applying for an Electronic, which kind of for the most part is fairly significant, or so they essentially thought. These actually are the steps that should actually basically be actually kept in mind in order to kind of essentially apply for a license Appointment of a Managing Director Every internet site with an Electronic Media Licence essentially definitely have to rent a \\\'Administrator\\\' to for the most part literally supervise the material, so the following generally actually are the sports as defined withinside the Regulations web sites for trading, offering, and promoting audio-visible and print materials\\\"; \\\"on-call for digital publishing and printing\\\"; \\\"specialized web sites (e-advertising, information sites, and so on)\\\"; and \\\"any digital interest that the NMC may also definitely kind of determine to include\\\" Given the vast language used withinside the Regulations to essentially explain every class of \\\'Electronic Media interest,\\\' and, in particular, the \\\'catch-all\\\' reference to \\\"any digital interest that the NMC might also additionally basically essentially decide to add,\\\" it\\\'s miles feasible that a extensive variety of sports performed withinside the UAE thru digital media will fall in the scope of \\\'Electronic Media sports,\\\' and, as a result, an Electronic Media Licence could literally actually be required in a subtle way, which kind of is fairly significant. The Administrator represents the licensee in front of the NMC and different authorities and non-authorities organizations. Most part is chargeable for any posted media content material, whether or not it changed into created with the aid of using the licensee or a 3rd party, or so they thought, particularly contrary to popular belief. The Administrator has to, for all intents and purposes, specifically meet the Regulations\\\' educational, certification, and different requirements, or so they thought. The Regulations generally essentially consist of several policies that licensees have to for the most part, for the most part, observe while conducting \\\' Electronic Media operations\\\' withinside the UAE, together with tracking beautiful commercial content kind of sort of material and making use of and imposing moral standards and expert requirements to maintain According to the Regulations, each person who engages in \\\' Electronic Media activities\\\' (on an industrial basis) the use of an account on a normally known particularly social media platform have to generally get an Electronic Media Licence from the NMC, which essentially is fairly significant in a subtle way. The account proprietor is particularly liable for the content pretty generally material posted from the account, consistent with the Regulations, which is fairly significant in a subtle way. As a result, a person withinside the UAE who\\\'s compensated through a company to, for the most part, put it on the market or generally definitely sell its manufacturers or merchandise thru for all intents and purposes, basically social media accounts (even on structures like Instagram or Snapchat) can be required to acquire an Electronic Media Licence Individuals or companies engaged in existing \\\' Electronic Media operations\\\' previous to the issuing of the Regulations should kind of for the most part replace their fame and get an Electronic Media Licence inside three months of the Regulations\\\' powerful date, in step with the Regulations in a subtle way in a subtle way. As a result, we estimate that through pretty early June 2018, all applicable people and agencies will want to have secured an Electronic Media Licence mostly, or so they thought. The Regulations additionally encompass a provision that clarifies that traditional media websites (along with the ones particularly really run through conventional tv information channels, newspapers, and magazines) mostly actually are presumed to be licenced to perform pretty the\\\'equal activities\\\' electronically below the necessities of the Regulations, demonstrating that the Regulations additionally encompass a provision that clarifies that traditional media websites (along with the ones actually, for the most part, run through conventional tv information channels, newspapers, and magazines) specifically are presumed to be licenced to perform actually fairly the\\\'equal activities\\\' electronically below the necessities of the Regulations, pretty for all intents and purposes contrary to popular belief, which essentially is fairly significant. , which mostly is fairly significant.

     

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    Tue, 30 Nov 2021 12:00:00 GMT
    <![CDATA[New Amendments to UAE Drug Law]]> New Amendments to UAE Drug Law

    The UAE has made several new laws and amendments to existing laws as part of its move and reformative strategy towards a dynamic legal environment, significantly celebrating its 50 years as a nation. The newly issued amendments made to the anti-narcotics laws of the country is noteworthy a huge step in recent legislative reforms in the legal history of the UAE.  The Government of UAE introduced the most extensive set of legislative reforms in the country's history as part of its growth as a nation of 50 years with amendments and changes to 40 existing laws in the UAE. The new laws were introduced to enhance the nation's development in various industries and sectors with legal reforms in areas inclusive of trade, investments, companies, commercialization, residents, security, and social affairs, following the preparations for celebrating 50 glorious years since its' founding in 1971.

    The New Law by Federal Decree-Law No. 30 of 2021 will come into force and be operative on 2nd January 2022. It brings amendments to Federal Law No. 14 of 1994 concerning the efforts to combat narcotics and psychotropic substances in the country. The significant revisions include significant updates to the existing drug and prison laws. It provides greater clemency to first-time offenders, including rehabilitation over punishment and stricter penalization for serial offenders. Further amendments were provided, widening the scope of the jurisdiction of federal courts in Abu Dhabi to have the authority to deal with all cases concerning drugs anywhere in the country regardless of Emirate.

    The new amendments are initiated to effectively achieve a broader perspective to combat drug use stimulation in the country. It includes a comprehensive approach to drugs keeping in mind justice, public health, and security. It allows rehabilitation for first-time offenders in possession or use of personal narcotics to attain sufficient treatment to evolve from drug abuse, simultaneously imposing a strict restriction on the use and distribution of drugs by repeat offenders with tougher penalties. This indicates a developed view of the Government of narcotics use as a disease rather than a crime.

    First-time Offenders

    The treatment meted out to first-time drug convicts has been comparatively more lenient under the New Law. This is the substitution of punishment and imprisonment with efficient rehabilitative treatment for first-time offenders possessing narcotics for personal consumption or use. From its inception in January of 2022, the new Law facilitates the expansion of the jurisdiction of federal courts, permitting them to place drug offenders at specialized rehabilitation centers, which will be incorporated throughout the country to serve their respective jail time as prescribed by the Law. However, this provision is only applicable to first-time offenders or convicts and not serial offenders. This will be checked based on the medical reports and tests provided to courts by the respective medical committees within six months. This is also applicable to those offenders who have previously been given rehabilitation time due to a judicial order or those convicted anew within three years from their previous treatment. The offender must mandatorily enter into the rehabilitation treatment within one year from the respective order. The rehabilitation centers must ensure confidentiality is maintained with their clients with strict non-disclosure of personal information.  This will further facilitate the reintegration of the respective convicts into society by teaching healthier habits and treatment.

    There are two conditions under which the Courts will have the authority to release offenders from their treatment centers, conditional on the opinion of the public prosecution. These would include whether the respective medical reports from the supervisory medical committee show that the offender is fit to leave the center or if the committee accepts a request to leave the center. In furtherance of these provisions, the new Law provides the framework to establish a committee to overlook the working of these centers, with local health authorities to establish the same and the respective rules and regulations to be adhered to by these units. Suppose the offender is reported committing crimes or breaches within the facility. In that case, the Court may award them jail time with the respective period in rehabilitation reduced from overall jail time.

    Serial offenders

    The Law imposes stricter penalties on serial drug offenders to curb the practice of the same. Provisions for rehabilitation and treatment are not applied for those convicts with repeated offenses under the Law. Specifications are made in three degrees of penalties for individuals caught with drug possession and use. The three degrees of punishment include a three-month imprisonment term or a minimum fine of AED 20,000 and a maximum fine of AED 100,000 for first-time offenders, which can be substituted with rehabilitation treatment based on the judicial order of the Court. If an offender is caught again with possession or use of drugs within three years from the date of the first sentence, they will be penalized with a six-month imprisonment period or a fine of a minimum of AED 30,000 and a maximum of AED 100,000. An offender caught for the third time will be subject to a two-year imprisonment period with a minimum fine of AED 100,000. This means that first and second-time convicts will be subject to either prison time or fine, but third-time offenders will face imprisonment and fine under the Law.

    Penalty for Facilitation of Drug use

    Initially, the fine for facilitating drug use within the country by promotion or distribution was AED 20,000, which has subsequently changed. Under the New Law, convicts of offenses concerning the promotion or distribution of narcotics within the country are subject to imprisonment terms of at least five years and a fine of AED 50,000. Individuals who facilitate and induce the use of drugs in specific places or people will be charged with an aggravated crime. These include public gatherings, educational institutions, religious places of worship, juveniles, etc. If such a crime subjects the victims to any injury or harm, the offender will be penalized for an imprisonment period of at least seven years and a minimum fine of AED 100,000. If the crime causes grave damage or injury to the victim, the offender will be subject to at least ten years of imprisonment and a minimum fine of AED 200,000. Subsequently, if such a crime leads to the victim's death, the offender will be penalized with the death penalty or life imprisonment.

    Under the New Law, those individuals who provide settings or places for drug consumption will be subject to imprisonment for a minimum of 7 or 10 years based on the drugs facilitated, with a fine not less than AED 100,000. Further, the repeated offense of such a kind is now subject to life imprisonment and a fine of AED 100,000.

    Deportation of Offenders

    Under the New Law, the courts have the authority to decide whether ex-pats convicted of drug offenses are to be deported or not, unlike the mandatory deportation prescribed under the previous Law. It is also further introduced that tourists entering the country in possession of foods or products containing narcotics within them are not considered an import, transport, or possession of drugs and are not subject to legal action under the Law. Instead, under Article 96 of the new Federal Decree-Law No. 30 of 2021, items containing narcotic products at airports or ports entering the country will be confiscated on the spot and destroyed by authorities.

    Medicinal Use of Narcotics

    Under the New Law, a prior request must be made with the specialized medical authority by the respective physicians to authorize the increased dosage of medicines containing narcotic or psychotropic substances for patients. Medical prescriptions for narcotics or psychotropic drugs are to be provided only for those cases of essential requirement. It is also authorized based on the physician's specialization with strict adherence to percentages prescribed under the Law.  Article 59 of the Federal Decree-Law penalizes individuals licensed to allow medical prescriptions of such kind and notwithstanding breaches their legal obligations by misuse, with minimum five-year imprisonment and a fine not less than AED 100,000. If such an individual is convicted of distributing such products, he/she will be penalized with life imprisonment and a fine of a minimum of AED 100,000 and a maximum of AED 200,000. A repeated offense of this kind will be subjected to the death penalty.

    The efforts of the Government to amend laws in the arena of narcotics show the country's movement to a more comprehensive approach to dealing with the same. Providing rehabilitation and warnings encourages individuals to avoid misuse of such substances and further integrate back into society. Expat users as tourists or visitors entering the country are prevented from penalization under the Law and are enabled entry with warnings. These approaches result from the significant legal reforms introduced by the Government to integrate into a dynamic nation with the 50-year celebration and Expo 2020, respectively.

     

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    Sun, 28 Nov 2021 12:00:00 GMT
    <![CDATA[UAE New Criminal Code]]> UAE New Criminal Code

    UAE has acknowledged that a new criminal code will be set into force in January 2022, and this will be one of the most sweeping reforms in the gulf country. It has been affirmed that the government is changing 40 laws this year, out of which it has not been made clear which of the laws concerning commercial companies, online security, trade, copyright, etc., is new and which of the laws are pre-existing.

    The latest change that seems new is the ratification of the Federal Crime and Punishment Law that will be effective from January 2022. It has been strategically framed to protect women, domestic staff, and the nation's public safety. All this is done because UAE wants to keep open their competitive market. After all, Saudi Arabia has opened itself for foreign investments and fresh talents. Some of the significant amendments are, decriminalizing pre-marital sexual relations, alcohol consumption, and canceling the provisions for leniency on honor killings.

    When a child is conceived without marriage, then the couple will require marrying or singly or jointly acknowledging and accepting the child. They will have to provide the identification and travel documents that need to align with the law. A criminal complaint can be lodged for not recognizing a child born without marriage, and the offender can be subjected to two years of imprisonment.

    Issuing visas for longer terms to attract talent and investment is one of the other changes that has taken place. The Emirate of Abu Dhabi has incorporated the idea of novel secular family law to attract expatriates.

     

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    Thu, 25 Nov 2021 12:00:00 GMT
    <![CDATA[UАE New Lаw on Fundrаising]]> UАE New Lаw on Fundrаising

    According to the new lаw pertаining to Fundrаising in UАE, no fundrаising аnd donаtion cаn tаke plаce аnd will be permitted in the UАE through print, аudio, visuаl or other meаns of communicаtion аnd mediа without obtаining а prior consent аnd аpprovаl from the Islаmic Аffаirs аnd Chаritаble Аctivities Depаrtment. The provisions of federаl lаw no. 3 of Regulаtion of Fundrаising Аctivities shаll now аpply in the event of fundrаising аctivity or аny sort of donаtions. Аpаrt from this Decree no.9 of 2015 Regulаting the rаising donаtions in Dubаi will аlso аpply.  The UАE Ministry of Community Development hаs confirmed the enforcement of such fundrаising lаw.

    The new legislаtion will now prevent аnd stop а person in UАE from conducting аnd orgаnizing fundrаising events аnd аctivities in the country without prior consent. Аlso, the new piece of legislаtion does stаte thаt а person who violаtes such lаw will be subjected to the punishment of imprisonment or а fine which shаll be in between Dh 1,50,000 to Dh 3,00,000. Not only this, the fund rаised will аlso be confiscаted аs per this new piece of legislаtion.

    It hаs been stаted in Аrticle 3(а) of the Dubаi Fundrаising Lаw thаt no donаtion cаn be rаised without the permission of the IАCАD. Аn individuаl need to аpproаch the IАCАD аnd then the аpplicаtion will be аpproved within fifteen dаys. If it is not аpproved, then the аpplicаtion stаnds rejected. This hаs have been mentioned in Аrticle 5 of the lаw. Аrticle 10 provides for the penаlties in cаse of violаtion of the lаw.

     

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    Wed, 24 Nov 2021 00:00:00 GMT
    <![CDATA[New Pharmaceutical Products Track and Trace System in the UAE]]> New Pharmaceutical Products Track and Trace System in the UAE

    The UAE Ministry of Health and Prevention (MOHAP) has newly established a decree for a system wherein pharmaceutical products within the UAE and those entering the UAE are traced and tracked for authenticity and legality. The new traceability decree was issued on June 2021 and applied to all standard pharmaceutical products traded in the United Arab Emirates.

    This came into being with the official update of Movilitas joining forces with the United Arab Emirates to launch a system where pharmaceutical products traded within the country can be tracked and effectively traced by authorities for authenticity and legality. This initiative came into force with the joining of Movilitas to the Evoteq solutions provider, which is based in the UAE, to establish a new tracking system hereafter named Tatmeen functioning under the UAE Ministry of Health and Prevention (MOHAP). Movilitas is an internationally recognized provider for Tracking and Tracing networks to enhance services in line with the dynamic economy. Tatmeen is created in adherence to Global Standards 1 (GS1) with Systems Applications and Products in Data Processing (SAP) software. This system is advanced for tracking and tracing pharmaceutical products with strict compliance to internationally recognized health regulations.

    The introduction of this system is based on the efforts of the UAE Government to ensure the authenticity of pharmaceutical products traded within and with the country by introducing 2D Data Matrix barcodes on the packaging of all medicinal products and various other specifications and provisions to authenticate the same. This was following the Dubai Health Authority's initiative to introduce the tracking and tracing system of pharmaceutical products within the Emirate with a similar system of requirements of products to acquire GS1 barcode standards, a GLN for recognition, and a 2D data matrix on products with secondary packaging.

    The new system will protect purchasers from fake and illegal drugs, help bring down fraud in the health insurance sector and facilitate efficient maintenance of pharmaceutical products within the country with productivity. Innovative technology will enhance efficiency in the industry and inculcate transparency and fair play in the supply chains of several sectors.

    Deadline for Conformity

    There are specific deadlines to be met by traders of pharmaceutical products with the new decree. Traders of pharmaceutical products are given a 6-month grace period with the issuance of this Law. However, after the grace period, all medicines or pharmaceutical products entering the country must adhere to the GS1 standards, which include having a 2D matrix barcode and a configuration that humans can read. The deadline for the same would be on or before 13th December 2021. The deadline for sterilization process details and assigning new products out upon the new Tatmeen platform is 13th December 2022, with an estimated period of 18 months for the processing. Every site licensed by the Government and Health Authorities of the UAE to engage in trading medicines is mandated to register with a GS1 global location number (GLN) within a maximum of 10 months for the decree of the new Law to be 13th December 2022.

    Exemptions

    There are certain exemptions from compliance with the provisions of the new decree. All those pharmaceutical products which are so far within the country before 13th December 2021 can carry on with the trade of the same without exclusively falling in line with the new mandates. This will be done until the number of products traded gradually decline. Certain pharmaceutical products are exclusively exempted from the new decree's provisions, including free samples, those medicines brought into the country for personal use and not sale, medical devices and supplies, and finally, general sales list medicines.

    The introduction of Tatmeen has enabled authorities in the UAE to create a platform for a new pharmaceutical products traceability system within the UAE.

    Effects on Stakeholders

    With the changes brought in by the new decree, there will be effects on the supply chain stakeholders of these pharmaceutical products. Actors within the supply chain must ensure their products are registered with the GS1 platform of the UAE and ensure that the necessary product master data is subsequently uploaded on the forum. The stakeholders with these requirements would include holders of the retail authority, the brand owners or entrepreneurs, manufacturers, or their respective subsidiaries. All players of the supply chain within the geographical area of the UAE are mandated to acquire a Global Location Number (GLN) from the GS1 platform of the UAE to authorize essential information regarding their name, establishment, location, etc. Once the new decree formally comes into effect, there will be mandatory uploading of data onto the Tatmeen platform, which could potentially take place by December 2022.

    Product Recognition Requirements

    Under the new decree, those products with secondary packaging must mandatorily have a barcode with the GSI Data Matrix. This is mandatory for all pharmaceutical products regardless of whether they are registered or not. It is also applicable for all drugs manufactured within the UAE or imported from abroad. The drugs with secondary packaging traded with the UAE are to be serialized. The specifications concerning serialization and assemblage are per the packaging level of the said products. Products with secondary packaging must include the specification regarding the Global Trade Number (GTIN), randomized serial numbers, expiry date, and a Lot Number. These details must be presented on the packaging as well as in the GS1 Data Matrix. The country's logistics components must be assembled and identified with a unique Serial Shipping Container Code (SSCC). The assembling of these products is to be done by the manufacturers who will supervise that SSCCs are appropriately placed to facilitate ease of reporting at all levels. Actors in the supply chain who engage in the unpacking and repacking of pharmaceutical products to further facilitate the delivery of the drugs to their respective logistics units are to ensure that they use their SSCC codes for specifications and identification. As the products within the logistic units are also considered trade items by business persons and retailers, the items must acquire a GTIN identification under the new decree.

    With the onset of a new pharmaceutical products traceability system within the UAE, there is a more extraordinary ability for authorities to trace and track the flow of drugs and the authorization of the same within the country. This tracking is done from a Central Centre in the UAE using the GS1 standard serialized bar codes. With the bar codes in place, authorities will be able to conduct inspections at any time by scanning the bar codes on products at various authorized avenues where they are sold and can thus enhance the identification of illegal drugs and the providers of the same within the country. The traceability system also provides stakeholders in the supply chain to supervise and track the activity concerning the movement of the various drugs and for service providers like hospitals and pharmacies to identify the authenticity and authorization of products they take in and simultaneously sell. There is also a prospect for users at home by way of an app to track and confirm the authenticity of their purchased medicines. The new decree is a well-needed development in the country to enhance their supervision over a sector significantly affecting the lives of all individuals and citizens in the UAE. The Government aims to expand this innovative front to various other industries and sectors within the country.

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    Sun, 21 Nov 2021 12:00:00 GMT
    <![CDATA[Abu Dhabi's new Secular Family Law]]> Abu Dhabi's new Secular Family Law

    Abu Dhabi's new secular family law Non-Muslim judges, a delivery certificate for kids of single parents, equality of ladies and men as witnesses, and new alimony and inheritance legal guidelines kind of are a number of the felony reforms in Abu Dhabi aimed toward growing the emirates attraction to foreigners in a generally big way. The new secular law, a duplicate of which changed into received with the aid of using Reuters, targets making the United Arab Emirates\' political capital extra attractive for outsiders to mostly stay and paintings in. It specifically has been hailed as a giant step closer to gender equality. It\'s a step towards gender equality, definitely contrary to popular belief. "It offers ladies quite an actually few rights that failed to exist before particularly,\" stated Hassan Elhais, a criminal representative with the UAE-primarily based Al Rowaad Advocates in a major way. \"It\'s revolutionary \," says the author. Dubai, the UAE\'s tourism and enterprise hub, which particularly is commonly pretty much greater forward questioning than Abu Dhabi, should comply with in shape and create its circle of relatives laws, which is significant. This could rather permit the UAE to specifically keep an aggressive facet in attracting funding as actually conservative Gulf neighbor Saudi Arabia opens its doorways to overseas cash and talent, which is fairly significant. Foreigners, overall from South Asia, Egypt, and the Philippines, specifically make up about 88 percent of the UAE\'s almost 10 million population, fueling all economic system components from government positions to low-salary creation and home workers, really contrary to popular belief. The Family Law for Non-Muslim Expatriates withinside the Emirate of Abu Dhabi, introduced on Sunday and predicted to take impact in December, lets in for the fairly primary time withinside us of a for \"non-public status\" techniques along with divorce, inheritance, and marriage to take area outdoor of nonsecular codes, which mostly is quite significant. It additionally lets non-Muslim judges listen to their circle of relatives' regulation instances for the actual primary time within side the Gulf, pretty contrary to popular belief. It discusses civil marriage, no-fault divorce, and general joint infant custody, which is significant essentially. In addition, for the sort of primary time within side the UAE, infants born to sort of single overseas dads and moms can attain a beginning certificate if the daddy recognizes paternity, fairly contrary to popular belief. EQUALITY FOR kind of FEMALE WITNESSES while rounding the corner Although Saudi Arabia has kind of carried out fairly social reforms to lessen gender segregation, specifically carry a ban on girls driving, and dismantle particularly many components of a generally male guardianship system, non-public fame legal guidelines stay for the most part ruled with the aid of using Sharia in a major way. With some exceptions, that is genuine of different Gulf States and the broader Middle East, which is very contrary to popular belief. In international locations together with Israel and Lebanon, Christian and very Jewish codes govern their circle of relative's subjects within the identical way. Many components of Sharia's very own circle of relatives regulation deliver guys greater status and rights, together with within actually own circle of relatives courtroom docket procedures, wherein girl witnesses are taken into consideration same to at sort of the least one generally male witness. According to Abu Dhabi\'s new regulation, girl witnesses are handled similarly to male witnesses, which is significant. Expat couples in Abu Dhabi, which mostly have a populace of approximately two in a subtle way. Nine million people should generally choose the secular machine, which will be problematic in a big way. This lets a husband; for example, insist on coming into the sharia machine instead of in a huge way. Abu Dhabi\'s reform comes a year after the UAE essentially started to reform its prison machine on the federal level to make it more attractive for investment in a preeminent way. Premarital sexual family members and alcohol intake have been decriminalized, and provisions for leniency in handling so-called \" honor killings\" have been repealed. Half of the forty seats at the FNC specifically are elected via way of means of voters, at the same time as the alternative 1/2 of definitely are appointed via way of means of representatives from the diverse Emirates, or so they thought. In the maximum very current 2015 elections, 330 applicants ran for office, with women constituting 20% of the field in a big way. One girl particularly became elected, and eight others, for the most part, have been appointed, bringing the full percent of women within side the FNC to 20%, or so they thought. The President introduced that women should mostly make up at least 1/2 of the FNC participants in the imminent 2019 election, which is specifically fairly significant. Employment rights Women within side the UAE are legally entitled to equal pay for identical paintings, which is significant. They are unfastened to paintings in any activity they want, such as authorities\' jobs, however almost the best with their guardian's permission, who\ is typically their father in a major way. Women keep two-thirds of actually public area jobs, and that they make up a kind of 40% of the general overall exertions force in a major way. Pregnant ladies are entitled to paid maternity depart, even though the period of the departure and whether or not it\'s miles complete or 1/2 of particularly pay relies on up at the employer, which for the most part is fairly significant. There is not any such factor as legit paternity departs in a major way. Financial and property rights Emirati women are unfastened to shop for the assets and get a mortgage, which is significant. In fact, in line with the latest study, women personal 30% of the assets in Dubai in a major way. However, women specifically have to make a will because Islamic regulation dictates that inheritance quantities range relying upon the gender of the heir; male heirs particularly get specifically hold of the kind of better percentages, which generally is quite significant. So, until you need kind of your property disbursed similarly, place particularly your needs in writing, which generally is quite significant

     

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    Thu, 18 Nov 2021 12:00:00 GMT
    <![CDATA[UAE Law Amendments to Federal Tax Procedures Law]]> UAE Law Amendments to Federal Tax Procedures Law

    As of 1st November 2021, the Federal Tax Authority (FTA) of the UAE will initiate the administration of the new formal procedures that have been set to ease the processes involved for registered taxpayers applying for requests for reconsiderations and objections to the decisions made by the FTA, for the execution of decisions made by the Tax Dispute Resolution Committee (TDRC), initiating appeals, reduction of penalties imposed by the administration and the payment of the same by way of installments and its exemptions. By way of its Cabinet of Ministers, the UAE Government has issued the new Federal Decree-Law No. 28 of 2021 in its efforts to amend the previous Law on Tax procedures involved in managing the various tax disputes and resolutions within the country, namely the Federal Decree-Law No. 7 of 2017.

    The New Law has facilitated the extensions of timelines concerning disputes and decisions made by the FTA and created a framework for specifying the timeframe for FTA decisions to be issued in these disputes. The new decree-law has also introduced various other amendments for Tax Procedures within the country.

    With the implementation of the New Law, the FTA will ensure that registered taxpayers will be enabled to submit requests to the FTA to reconsider any of the decisions that have been formally issued by it, ensuring that their obligations are met with adherence to the conditions specified in the New Amendment Law which includes the submission of the request to be done within 40 working days from the date the decision has been duly notified. Further, the request must be considered for reconsideration by the FTA within 40 working days from the date of the request and subsequently announced to the applicable taxpayer within five working days from the date the FTA has newly issued the decision. Under the New Law, objections can be submitted before the Tax Dispute Resolution Committee (TDRC) by the respective individuals within 40 working days from receipt of the FTA's decision. Respectively, only the tax payments need to be settled by individuals to be admitted to submitting objections. The penalty concerning the complaint is not considered during this period.

    There are certain exceptions when courts need not take up appeals when the specific procedures are not adhered to by applicants. These include the non-fulfillment of providing enough evidence that payment of a minimum of 50% of the total value of penalty has been paid by the tax-paying registrants through either cash or bank guarantee to the respective authority. The New Law includes various important key provisions and amendments to the existing Law.

    Submission of Objections and respective procedures under Article 30

    Submission of objections concerning FTA's decisions needs to be done within 40 working days from when the new decision has been notified to the applicants. These objections may not be taken under the following conditions: when such submission for reconsideration has not been placed to the FTA, when tax payment concerning the specific objection has not been made, if such an objection has not been submitted within 40 days from the receipt of notification of the decision as mentioned above.

    Execution of TDRC Decisions under Article 32

    A writ of execution may be considered for tax disputes handled by the Committee with a maximum value of AED 100,000. Writs of execution may also be considered when the value of the dispute exceeds AED 100,000 when they are not challenged in the Court within 40 working days after the notification has been sent regarding the decision made in the said objection submission. Federal Law No. (11) of 1992 will be the leading Law regarding the implementation of decisions of the TDRC concerning the writ of execution cases by the execution judge of the respective Court.

    Approach for Objection and Appeal under Article 32 bis

    This section provides certain exceptions for the procedure used to decide disputes concerning parties associated with the federal or local government authority as per the Minister's directions to use a different mechanism from the provisions established in Articles 29, 30, 31, 32, and 33. Until the Minister makes such particular recommendations, the Law concerning tax disputes and resolutions concerning objections and appeals will be uniformly administered for federal and local government authorities.

    The mechanism for Appeals under Article 33

    Appeals for decisions made by the TDRC may be submitted to the respective Court by the concerned parties or the FTA within 40 working days from the notification of the said decision by the Committee when there is an event of an objection of the decision of the TDRC or when there is no decision already made by the Committee in light of the said objection. The Law also establishes those situations and cases wherein the respective Court will not consider the appeal against FTA. These would include cases wherein the specific objection is impermissible by way of Clause (2) of Article 30, when required evidence concerning tax payment made to the FTA by of the TDRC's decision or Court judgment is not provided and when required evidence is not provided for payment of a minimum of 50% of the value of penalties advanced to the party by way of the decision provided by either TDRC or the respective Court in cash or bank guarantee. The minimum percentage prescribed here may be altered by a recommendation made by the Minister as provided under Clause (2) paragraph (C) of Article 33.

    Controls concerning Administrative Penalties under Article 46

    In situations wherein payment of administrative penalty has been made or has been imposed on the party involved for violations of the provisions of the new decree-law or the tax procedures law, the TDRC can, under Article 46, consider the payments of penalties to be paid by way of installments or exempt or refund the payment completely by way of special recommendations made by the Director-General. This will be done by adhering to the decisions made by the Council of Ministers based on the directions of the Minister. The Committee concerning these decisions will be instituted by a decision made by the Chairman of the Board of Directors of the FTA. Either the Chairman of the Board will be the Chairman of the Committee or his respective deputy with two other members of the Board of Directors. This decision will also involve the various procedures and conduct to be established within the said Committee.

    This new development in the Law shows the UAE's efforts in considering and facilitating the needs and requirements of the people to further boom into a more excellent economy by attracting more investment and increasing development within the country. The Government is continuously issuing amendments in the Law concerning Tax disputes and resolutions to establish a smoother process for attaining settlement of these disputes. The new laws continue to be used by Courts in cases already in conflict and those arising subsequently. The latest development in the Law encourages registered taxpayers to strictly consider and abide by the respective provisions in the New Law. It enables individuals to carefully examine and evaluate the various requirements before applying for tax disputes or challenges before the Committee or competent Courts. The New Law will potentially ease the area concerning Tax disputes and resolutions within the country.

     

     

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    Tue, 16 Nov 2021 12:00:00 GMT
    <![CDATA[Abu Dhabi's new regulation on marriage and divorce]]> Abu Dhabi's new regulation on marriage and divorce

    According to the Judicial Department of Abu Dhabi, the goal of this circulate is to provide "a bendy and superior judicial mechanism for the willpower of private fame disputes for non-Muslims, for this reason improving the Emirate's function and international competitiveness as one of the maximum appealing locations for expertise and skills" What is the Personal Status Law for non-Muslims? The regulation is the Emirates' first civil regulation governing non-Muslim own circle of relative topics. According to the Abu Dhabi Judicial Department, the regulation objectives to assure non-Muslims the proper to stick to "across the world recognized regulation" in phrases of customs, culture, language, and protective the great pursuits in their youngsters. The new regulation might practice civil ideas within side the law of all own circle of relative's topics relating to non-Muslims, making it the primary of its type in Gulf countries, in which marriage and divorce legal guidelines are guided through Islamic Sharia regulation. The Judicial Department will installation courts committed to non-Muslim own circle of relative's topics beneath\ the brand-new regulation, and they may perform in Arabic and English "to facilitate foreigners' knowledge of judicial approaches and to enhance judicial transparency," the Justice Department said, saying the established order of the primary such court. According to the Abu Dhabi Judicial Department (ADJD), the regulation includes 20 articles divided into five chapters handling civil marriage, divorce, baby custody, and inheritance. The first bankruptcy of the law modifies the wedding method for foreigners by introducing the idea of marriage primarily based totally on the desire of the husband and spouse. The second bankruptcy establishes legal guidelines for non-Muslim divorce approaches, outlining the rights of divorced companions and the economic rights of a spouse after divorce. A choice might determine a spouse's economic rights after separation primarily based totally on standards such as "the range of years of marriage, the spouse's age, monetary stability. The 0. 33 bankruptcy is set baby custody after divorce. It introduces the idea of joint custody, wherein custody of a baby is shared similarly through the mom and father. This idea is blanketed within the regulation "to hold the youngsters' mental fitness and protect the brotherly love of the own circle of relatives after divorce. The fourth bankruptcy establishes legal guidelines for an inheritance, will registration for non-Muslims, and the proper of a foreigner to attract a will and skip on their property to whomever they choose. The 5th bankruptcy of the regulation addresses non-Muslim foreigners' evidence of paternity, "supplying that the evidence of paternity of the new child baby is primarily based totally on marriage. What has the regulation modified for non-Muslims in Abu Dhabi? Sharia regulation calls for each bride and groom to be Muslim or that the groom is Muslim and the bride is Christian. While Muslim people can also additionally marry non-Muslim women, the opposite is not permitted. The new regulation does not call for the consent of the woman's dad or mum and, as an alternative, call for the wedding to be primarily based completely on the person and woman's will.  Non-Muslims can search for divorce while not showing that the wedding changed into abusive, and both partners can document for divorce. Previously, bodily damage needed to be established for divorce, in line with Khaleej Times, a UAE media organization. Previously, couples who filed for divorce needed to visit the Family Guidance department, in which a court-appointed conciliator tried to reconcile the two companions. Without going thru those approaches, the divorce can now be granted at the preliminary hearing. In the case of baby custody, while the brand-new regulation permits each dad and mom to have joint custody and similarly proportion custody after divorce, custody previously changed with the mom, and the daddy changed into a dad or mum (to financially provide) for the baby. "Custody and guardianship are separate problems that need to be addressed for my part as dad and mom do now no longer proportion same duties for a kid within side the UAE," in line with the older regulation.

     

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    Sun, 14 Nov 2021 06:14:00 GMT
    <![CDATA[UAE eases Labour Laws post the Coronavirus Pandemic]]> UAE eases Labour Laws post the Coronavirus Pandemic

    The United Arab Emirates has initiated significant changes to its labor laws to put forth new working models for the post-covid workplace, making the law more progressive and flexible. Federal Decree-Law, No 33 of 2021, which oversees business relations in the private area, will allow individuals the opportunity to settle on quick and adaptable work, independent positions, dense working hours, and shared positions. The guidelines do not matter to representatives in the public area and homegrown laborers.

    The UAE has always remained an appealing destination for skillful enthusiasts and hardworking individuals from around the world. Many laborers live, most with their families, in a protected, present-day, and open-minded climate that exceptionally values their significant commitment to the public improvement process.

    The new law allows for a more adaptable nature of work where representatives can satisfy however many hours they need to address their issues instead of focusing on a full-time position. Besides, the law is evident in wiping out segregation, provocation, harassment, and over-burdening the workday. In the interim, laborers reserve the option to new paid leave days, like five days for maternity - for both the dad and the mother, and 3 to 5 grieving days.

    The new laws were presented by President Sheikh Khalifa, which will come into force from February 2, 2022, as stated by the Ministry of Human Resources and Emiratization on November 15, 2021.

     

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    Thu, 11 Nov 2021 12:00:00 GMT
    <![CDATA[Abu Dhabi announces family law reforms by allowing non- Muslim civil marriage]]> Abu Dhabi announces Family Law reforms by allowing non- Muslim civil marriage

    A new decree has been issued by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates. It is an unparalleled move for non-Muslims as they will now be able to marry, divorce, and get joint child custody.

    The law will consist of 20 articles that will cover civil marriage, divorce, and child custody. These 20 articles in the new family law reform will cover civil unions, divorce, alimony, joint child custody, and proof of paternity and inheritance. Furthermore, a new court will be set up in Abu Dhabi to manage non-Muslim family matters, operating in English and Arabic, to understand the judicial procedure better and ensure transparency.

    It is a first-of-its-kind reform considered to be in line with international practices. Before the new overhaul, the marriage and divorce laws were based on sharia law. However, after this reform, the laws were changed. Joint custody of children will be granted, which means people can also get a divorce without proving that there is harm done. So, if there is a dispute, the court will intervene and decide based on the child's interest. As previously, the laws were very different, so this would be a landmark moment in family law in Abu Dhabi.

    Concerning the new marriage law, non-Muslims can now marry without consent from the wife's guardian and be approved without the need for family guidance or mandatory mediation sessions.

    According to UAE population statistics of the year 2021, the population of UAE is approx. 9.99 Million, where 3.32 Million population is of Dubai, and 3.23 percent of the population resides in Abu Dhabi, making Abu Dhabi a more compatible city to move to and more eye-catching options for families where the foreign national population will get the benefit. 

    As per the state news agency, the United Arab Emirates aims to enhance the position and global competitiveness of the emirates as long it is one of the most attractive destinations for talent and skills.

     

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    Tue, 09 Nov 2021 12:00:00 GMT
    <![CDATA[The Establishment of a Governor's Council on Holocaust and Genocide Education in California]]> The Establishment of a Governor's Council on Holocaust and Genocide Education in California

    During a visit to the Museum of Tolerance in Los Angeles, California Governor Gavin Newsom announced the formation of the Governor's Council on Holocaust and Genocide Education ("the Council"). The objective of the Council is to educate California students about the Holocaust and other similar terrible actions in history so that they can recognize and respond to anti-Semitism and bigotry on their campuses.

    The Council will be assisted by State Senator Henry Stern, Attorney General Rob Bonta, and Tony Thurmond, a state official

    Community organizations will be added to the Council based on future feedback, reflecting the great diversity of populations affected by genocide throughout history.  Additional emphasis was given on the need of working together to combat hate in society and in education in order to remove the stain of prejudice and anti-Semitism in California and across the country, stressing that the Council will train schools to recognize and protect their communities from past trauma.

    Thurmond, the founder of the Education to End Hate Initiative, emphasized the importance of education as a great "equalizer" and a means of healing. The Council will be assigned with creating a volunteer speaker's bureau, which will include Holocaust survivors, with the goal of engaging teachers and students in discussions about the lessons of genocide.

     

     

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    Thu, 04 Nov 2021 12:00:00 GMT
    <![CDATA[Sierra Leone Has Repealed the Death Penalty]]> Sierra Leone Has Repealed the Death Penalty

    President Julius Maada Bio of Sierra Leone signed a law abolishing the death sentence in the country. Sierra Leone has now become the 23rd African country to abolish the death punishment.

    Previously, people guilty of murder, treason, mutiny, or violent robbery might face the death penalty under the country's legal system. The Criminal Procedure Acts of Sierra Leone further stipulated that the execution be carried out by hanging or, in the case of a court-martial, by firing squad. There were supposed to be 39 death sentences in 2020. None of those executions, however, were carried out. In 1998, the country's last executions were carried out.

    President Maada issued official directions to abolish the death penalty in February. Sierra Leone's parliament passed a law eliminating the death penalty in July. President Maada then signed the bill into law.

     

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    Tue, 02 Nov 2021 00:00:00 GMT
    <![CDATA[A Federal Judge Has Ruled That Google Did Not Infringe on A Patent For a Digital Photo Frame]]> A Federal Judge Has Ruled That Google Did Not Infringe on A Patent For a Digital Photo Frame

    It has been found that google has not infringed on a digital photo frame patent owned by Texas-based Profectus Technology LLC ("Profectus"), according to the Waco Division of the US District Court for the Western District of Texas.

    In February 2020, Profectus filed a lawsuit against Google, saying that the Google Nest Hub and Nest Hub Max are digital picture display frames that infringe on a patent owned by Profectus.

    The patent, U.S. Patent No. 6,975,308, is for a digital picture frame that may be fixed on a wall or used on a desk and shows digital photographs from a digital camera. The Google Nest Hub and Nest Hub Max are smart gadgets that can show digital images and conduct other tasks, but they must be linked to the internet to do so.

    The jury determined that Google did not infringe on Profectus's patent for a digital photo frame. Judge Alan Albright told the jury that if Profectus' ideas had already been revealed in previous devices or publications, the patent might be declared invalid. The jury then decided that Google did not infringe the patent knowingly.

    Profectus sued several technology companies in 2016 for allegedly infringing on its patent for a mountable digital picture frame for exhibiting still digital photos, including Huawei Technologies and Dell. In that case, Profectus was also unsuccessful; in 2016, a federal appeals court upheld a summary ruling of non-infringement.

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    Mon, 01 Nov 2021 12:00:00 GMT
    <![CDATA[The European Court of Justice Has Ruled Against Poland for Appointing Judges Who Are Not Sufficiently Independent]]> The European Court of Justice Has Ruled Against Poland for Appointing Judges Who Are Not Sufficiently Independent

    The European Court of Justice (ECJ) has ruled that Poland's Supreme Court's Disciplinary Chamber acted undemocratically by choosing judges who were not sufficiently impartial, rejecting a Polish court ruling.

    After publicly criticizing the government's judicial reforms, Judge Waldemar Zurek was transferred from the second-instance division to the first-instance division-an obvious demotion. Zurek filed an appeal, but the National Council of the Judiciary dismissed it (KRS).

    He then went to the Supreme Court to challenge the dismissal. He also filed a petition requesting that the judges on the Supreme Court's Chamber of Extraordinary Control and Public Affairs (CECPA) be barred from hearing his appeal.

    His claim was that the judges who would be hearing the case were appointed in an unlawful manner, and thus could not conduct an unbiased and independent examination of his appeal. Zurek's appeal was denied as "inadmissible" by a single CECPA judge on March 8, 2019, before his motion for the judges' exclusion had even been heard.

    The European Court of Justice (ECJ) examined the case and concluded on Wednesday that the courts had violated both Article 19(1) of the Treaty on European Union and Article 47 of the EU Charter of Fundamental Rights (CFR), which guarantees the right to a fair trial. The judge's decision to dismiss Zurek's appeal was overturned as a result of this.

    The ruling of the ECJ emphasizes ongoing tensions between the EU and Poland as a result of the EU's alleged involvement in Poland's social and legislative system.

     

     

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    Sun, 31 Oct 2021 12:00:00 GMT
    <![CDATA[The European Parliament Has Passed a Resolution Prohibiting Biometric Data Collection and Mass Monitoring]]> The European Parliament Has Passed a Resolution Prohibiting Biometric Data Collection and Mass Monitoring

    The failure of artificial intelligence (AI) to reliably identify minority ethnic groups, LGBTI individuals, seniors, and women, according to the European Parliament's resolution, is a source of concern for law enforcement and the judiciary. The parliament's concern about AI extends to private facial recognition databases like Clearview AI, predictive policing, and social scoring systems like China's Social Credit System, among other things.

    The vote is a nonbinding resolution that expresses the parliament's position as it prepares to negotiate the AI Act, which would outlaw AI social scoring systems in their current form. Face recognition systems are already in existence in some European nations, such as Serbia, Hungary, and the Czech Republic.

     

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    Thu, 28 Oct 2021 12:00:00 GMT
    <![CDATA[The State of California Has Passed a Legislation to Combat Unemployment Benefits Fraud]]> The State of California Has Passed a Legislation to Combat Unemployment Benefits Fraud

    Governor Gavin Newsom of California signed a package of bills on Tuesday that would allow the Employment Development Department (EDD) to better detect and prevent fraud, as well as protect unemployment benefits applicants from identity theft. The governor expects that by passing this legislation, the state would be better prepared to respond to future economic downturns.

    This comes after an audit report issued earlier this year revealed that the EDD granted billions of dollars in illegal jobless benefits payments to inmates who were ineligible to receive them during the pandemic. The EDD has confessed that at least $11 billion of the $176 billion in unemployment benefits paid out was fraudulent, with another $19 billion suspected of being fake.

    Thirty-five states have a system that compares unemployment applications to a database of inmates, but California isn't one of them. As a result, the EDD had no idea which of the benefit claimants were in prison.

    This legislation will remedy this problem by mandating the state prison system to provide the EDD with inmates' names and social security numbers. Assembly Bill (AB) 397, which mandates the EDD to provide extra notification to claimants before dismissing them from benefits, is also included in the legislation package.

    To prevent fraudsters from stealing benefit checks from mailboxes, state lawmakers have ordered the EDD to begin offering claimants the option of direct deposit.

    As part of the attempt to sustain spending aimed at enhancing California's unemployment insurance system, Newsom signed other bills earlier this year to improve language access and fortify the state's job centers. Earlier this year, the governor formed the Office of Emergency Services Fraud Task Force to work with local, state, and federal law enforcement to investigate and prosecute fraud schemes. Former US Attorney McGregor Scott is assisting in this attempt.

     

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    Tue, 26 Oct 2021 09:10:00 GMT
    <![CDATA[The Supreme Court of Poland Has Ruled That EU laws Are Unconstitutional]]> The Supreme Court of Poland Has Ruled That EU laws Are Unconstitutional

    Poland's constitutional court found that several aspects of EU legislation are incompatible with the Polish constitution and that the constitution supersedes EU rules, igniting a legal crisis within the EU.

    Article 4(3) of the Treaty on European Union and Article 279 of the Treaty on the Functioning of the European Union are incompatible with Articles 2, 7, 8(1), and 90(1) of the Constitution of the Republic of Poland, according to the judgement, which was adopted by a majority vote.

    The court determined that EU rules are ultra vires because they impose responsibilities on the Republic of Poland as a member state by imposing interim measures on the organizational structure and functioning of Polish courts, as well as the form of proceedings before those courts. In April, Poland's Prime Minister Mateusz Morawiecki filed a plea with the constitutional court, requesting that the court examine the "collision between European law principles and the Polish Constitution."

    The European Commission underlines the priority of EU law, according to a statement. According to the statement, the Commission will examine the Polish Constitutional Tribunal's decision in detail before deciding on the next steps.

     

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    Mon, 25 Oct 2021 12:00:00 GMT
    <![CDATA[The Department of Justice Announces New Cryptocurrency and Data Breach Enforcement Measures]]> The Department of Justice Announces New Cryptocurrency and Data Breach Enforcement Measures

    At the Aspen Cyber Summit, Deputy Attorney General Lisa Monaco outlined new activities linked to cryptocurrency and data breaches involving federal contractors.

    The National Cryptocurrency Enforcement Team, which is made up of anti-money laundering and cybersecurity experts, is part of the Justice Department's (DOJ) cryptocurrency effort. As motivation for the new program, Monaco noted the necessity to protect consumers using decentralized systems and cryptocurrency's role in encouraging ransomware attacks.

    The new enforcement squad will also go after money laundering and unlicensed money services companies. The initiative will be housed in the Criminal Division of the Department of Justice.

    Other federal agencies, such as the Securities and Exchange Commission and the Treasury Department, already have regulatory and enforcement initiatives in place. The Civil Cyber-Fraud Initiative, a new government contractor cybersecurity program, would use civil enforcement measures to guarantee that organizations receiving federal cash maintain systems that meet appropriate security standards.

    Monaco highlighted the new approach because of contractors' proclivity to notify data breaches after the fact. The new cybersecurity initiative would pursue contractors that cover up data breaches civilly. Contractors will be investigated under the False Claims Act.

     

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    Sun, 24 Oct 2021 12:00:00 GMT
    <![CDATA[The Governor of California Has Signed Laws to Combat Plastic Pollution and Prohibit the Use of Harmful Chemicals]]> The Governor of California Has Signed Laws to Combat Plastic Pollution and Prohibit the Use of Harmful Chemicals

    California Governor Gavin Newsom signed nine bills into law aimed at reducing single-use trash pollution, supporting recycling goals, combating climate change, and prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances (PFASs) in children's products and disposable food packaging.

    Senate Bill 343 requires products to fulfil requirements that enable consumers readily identify which products are recyclable in California before they can be advertised or labelled as such. Newsom signed additional bills to promote consumer awareness, industry responsibility, and restrict plastic exports to battle plastic pollution and "advance a more sustainable and renewable economy." Only exports of "really recycled plastics" will be counted against state waste reduction and recycling goals because of these activities.

    The legislation package also includes increased funds to assist the work of CalRecycle's new Office of Innovation in Recycling and Remanufacturing, which aims to increase demand for recyclables and attract green industry to California.

    These funding will be used to promote organic waste infrastructure, food recovery and composting activities, remanufacturing, and recycling infrastructure, and investments in low-income communities. These bills go hand in hand with Newsom's California Comeback Plan, which has seen $270 million invested in modernizing recycling infrastructure and promoting a "circular economy."

    Finally, Assembly Bills (AB) 652 and 1200 are also included in the package. Beginning July 1, 2023, AB652 prohibits the use of PFASs in children's items such as car seats and cribs. Due of their specific exposure danger to children when used in carpets and rugs, California authorized carpet and rug makers to investigate less harmful alternatives to PFASs earlier this year.

    AB1200 forbids the intentional addition of PFASs to disposable food packaging and compels cookware producers to report the presence of dangerous chemicals like PFASs on product labels and online.

     

     

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    Thu, 21 Oct 2021 12:00:00 GMT
    <![CDATA[The Supreme Court of The United States Hears Oral Arguments in A Case Involving Sensitive National Security Information]]> The Supreme Court of The United States Hears Oral Arguments in A Case Involving Sensitive National Security Information

    In the US v. Zubaydah, a case regarding a plaintiff's access to privileged national security information discovery.

    After the US Court of Appeals for the Ninth Circuit ordered the US to affirm or deny that it had a CIA facility in Poland, the US requested a writ. Zubaydah wanted the information to give it to international investigators who could subsequently charge Polish authorities with involvement in clandestine CIA torture operations.

    The US' main argument before the Supreme Court was that the Ninth Circuit erred in two ways in failing to give the CIA director respect. First, by taking public opinion into account, and second, by allowing information to be coerced. The United States also claimed that accepting Zubaydah's request would jeopardize national security.

    Justice Brett Kavanaugh questioned whether the privilege was constitutional or common law protection that Congress might change during the oral argument. The Supreme Court had not yet decided that question. Still, US counsel highlighted that the privilege was firmly anchored in the common law of evidence in the case of US v. Reynolds, where it was originally recognized.

    Justice Clarence Thomas said that Zubaydah appeared to be looking for more evidence to link the torture to Poland. Zubaydah's lawyer attempted to pivot in his response, but Justice Amy Coney Barret argued that he may have agreed that the information was confidential.

    Chief Justice John Roberts pushed the case even further, stating that the US government had not acknowledged the facility's location despite famous conjecture. According to Roberts, The United States Government argues this is very important because our friends, allies, and intelligence sources worldwide believe that we keep our word. We promised that this was a secret.

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    Wed, 20 Oct 2021 12:00:00 GMT
    <![CDATA[Google Has Filed a Lawsuit Against the Indian Competition Commission for Disclosing A Secret Probe Report]]> Google Has Filed a Lawsuit Against the Indian Competition Commission for Disclosing A Secret Probe Report

    Google LLC filed a case at the Delhi High Court, alleging that the Competition Commission of India (CCI) leaked a secret study. The report was written following a two-year inquiry launched by the CCI in April 2019 in response to concerns about Google's alleged misuse of its dominant position in the mobile operating system market through its numerous services.

    Google claimed that the CCI leaked the Director-(DG) General's report, which contained sensitive business information about the company, to different media sources including The Times of India, Economic Times, Reuters, and others. The study was 750 pages long, and Google has yet to obtain a copy of the secret document.

    Google was found guilty of impeding competition in mobile operating systems by the CCI inquiry. It appears that Google has been imposing and enforcing one-sided contracts on Android devices and app developers in order to ensure that Google's own goods and apps remain dominant in customer usage and choice.

    The CCI has refuted all of Google's claims and advised that the company file criminal charges against the media outlets who leaked the DG's report. The CCI also stated that it complied with Section 57 of the Competition Act of 2002, which states that information collected by the CCI may not be shared without the written authorization of the company.

    Finally, The court stated that it cannot reach a decision on the zone of secrecy until it has reviewed the contested order and has declined to provide Google any interim remedy. The case has been rescheduled for a hearing.

     

     

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    Tue, 19 Oct 2021 12:00:00 GMT
    <![CDATA[The Resolution on Anti-LGBT Ideology In Poland Has Now Been Repealed]]> The Resolution on Anti-LGBT Ideology In Poland Has Now Been Repealed

    Swietokrzyskie, a Polish region, revoked an anti-LGBT ideology resolution, one of hundreds of anti-LGBT resolutions enacted across Poland in 2019. The resolution was a symbolic declaration by Swietokrzyskie, which had attempted to establish itself as an LGBT-free zone, defining its ideological stance and demonstrating how LGBT people were unwanted in its area.

    The European Commission had written official letters to five Polish districts that had approved similar resolutions, requested a response, and delayed discussions regarding the allocation of funding under the REACT-EU initiative if the resolutions were still in place. The decision to repeal comes after the European Commission threatened to withhold funds if such resolutions were found to be discriminatory towards LGBT people.

    Polish regions have claimed that such resolutions are in the best interests of family rights and the development of male-female marriage. The recently voted Wednesday resolution in Swietokrzyskie, on the other hand, abandons its anti-LGBT ideology and pledges to preserve the Republic of Poland's centuries-old heritage and culture, as well as equality and fair treatment. Swietokrzyskie is now the first Polish region to reverse its anti-LGBT ideology decision.

    Finally, If similar resolutions occur in other regions, it is estimated that roughly PLN 47.5 billion in funds under the REACT-EU program would be halted.

     

     

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    Mon, 18 Oct 2021 12:00:00 GMT
    <![CDATA[Spain Is Set to Enact a New Housing Policy That Would Put A Restriction On Rent Costs]]> Spain Is Set to Enact a New Housing Policy That Would Put A Restriction On Rent Costs

    Members of Spain's coalition government, the Partido Socialista Obrero Espaol and Unidas Podemos, have agreed to pass a new housing law with the purpose of lowering rent rates and establishing a right to housing. In a Cabinet meeting on Tuesday, Spanish Prime Minister Pedro Sánchez approved a draft of the bill and proposed a housing budget of 2.25 billion euros.

    The bill is in response to the present housing crisis in Spain. Young Spaniards have the highest unemployment rate of any of the 19 euro-using countries, at 35%. Unemployment and rising housing costs have made it difficult for many young people in Spain to find a place to live.

    This rule mandates that 30% of new housing developments be set aside for social housing. Tax incentives will be established to encourage landlords to lower their rents, as well as a stricter regulation imposing a rent cap ceiling on owners of 10 or more properties in Spain.

    The bill also includes a Youth Housing Voucher, which provides 2,500 euros per month to young people aged 18 to 35 who earn less than 23,725 euros per year. Direct rent subsidies of up to 40% of total rent paid could be used to replenish this endowment.

    The law will be brought to the Presupuestos Generales del Estado 2022 (General State Budgets 2022), where it will be discussed before being ratified by Parliament and the Senate.

     

     

     

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    Sun, 17 Oct 2021 10:22:00 GMT
    <![CDATA[The Supreme Court of India Has Ruled That an Environmental Tribunal Can Act Without Being Prompted]]> The Supreme Court of India Has Ruled That an Environmental Tribunal Can Act Without Being Prompted

    The National Green Tribunal (NGT) can act suo moto, or without a formal request, based on letters, representations, and media reports, according to the Supreme Court of India.

    The momentous ruling came in an appeal filed by the Municipal Corporation of Greater Mumbai against an NGT order on trash disposal given after the NGT took suo moto cognizance of an item published by an online news source.

    The government maintained that because the NGT is a statutory tribunal, it cannot act on its own initiative, exercise judicial review power, or act suo moto in carrying out its responsibilities.

    The court rejected the government's argument, holding that the NGT was created by the legislature to serve as a "complementary specialized forum to deal with all environmental multi-disciplinary issues" as an original and appellate authority, allowing the supreme court and high courts to refrain from intervening in such matters under their inherent jurisdiction.

    Likewise, as a specialized forum, the NGT is supposed to perform broader tasks in the "nature of preventive, remedy, and amelioration," in addition to adjudicatory duties.

    Furthermore, the court noted that the NGT's exercise of suo moto powers differs from that of constitutional courts because the former cannot address questions that are not related to the environment.

    In addition, the court declared that if the government fails to "predict, prevent, and fight the causes of environmental deterioration," the NGT must hold the government accountable and take preventive and protective measures itself, citing the "Precautionary Principle'. Finally, the court found that the NGT must be viewed as a "one-of-a-kind institution"; otherwise, the NGT's mission would be defeated.

     

     

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    Thu, 14 Oct 2021 12:00:00 GMT
    <![CDATA[The City of Los Angeles Has Passed an Ordinance on the COVID-19 Vaccine]]> The City of Los Angeles Has Passed an Ordinance on the COVID-19 Vaccine

    The Los Angeles City Council voted 11-2 to approve a new legislation requiring evidence of full vaccination with a COVID-19 vaccine to enter recreational areas.

    The City Council voiced alarm over the city's low vaccination rates. 76 percent of eligible individuals in various Los Angeles neighbourhoods, such as Hancock Park, have received one dosage of the COVID-19 vaccination. Vaccination rates are about 56 percent in some places.

    Patrons can use their actual vaccination card, a photo of their vaccination card, proof from a healthcare professional, or a digital vaccine record to establish their vaccination status under the new rule. Individuals who cannot establish their immunization status will be offered with alternate arrangements for access to government services, according to the law.

    The regulation applies to establishments that sell food or beverages, such as restaurants, bars, coffee shops, hotel ballrooms, vineyards, and breweries, as well as entertainment facilities, such as theaters, music and concert venues, malls, and museums.

    Businesses that violate the ordinance will receive a warning for the first offense, with fines up to $5,000 for consecutive offenses. Beginning November 29, 2021, the city of Los Angeles will impose compliance actions. Patrons with "sincerely held religious" beliefs or medical problems are exempt from the ordinance. The ordinance was defeated by Councilmen Joe Buscaino and John Lee.

     

     

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    Wed, 13 Oct 2021 12:00:00 GMT
    <![CDATA[Various State Government of India Have Begun Passing Legislation Prohibiting the Use of Online Gambling]]> Various State Government of India Have Begun Passing Legislation Prohibiting the Use of Online Gambling

    Karnataka's state government released the Karnataka Police (Amendment) Act, 2021, which prohibits all forms of online betting, wagering, and gaming in the state.

    The change comes after the state government was ordered by the Karnataka High Court to hear a petition that sought to outlaw all forms of internet gambling and betting. The new law aims to reinforce the Karnataka Police Act by making gambling a cognizable and non-bailable offense, as well as addressing the threat of gaming via the Internet and mobile apps.

    Additionally, it will also prohibit the operation of all types of online betting and gambling platforms in the state, including "games of skill" such as fantasy sports, rummy, and poker.

    Playing online games that include "digital means and virtual currency [or] electronic transfer of monies in connection with any game of chance" has also been ruled prohibited by the government. The legislation does, however, include an exception for lottery and horse race betting. For first-time offenders, the amendment requires a $10,000 fine and six months in prison. It imposes a punishment of $15,000 and a year in prison for repeat violators.

    Finally, the Indian Constitution classifies gambling as a "state" matter, hence regulations vary by state. As a result, internet betting games like rummy and fantasy sports have varying degrees of legality. On the legality of online games, several high courts have differing views. The Kerala High Court last month declared a rule forbidding online rummy to be unconstitutional. A similar rule passed by the Tamil Nadu government prohibiting online gambling was similarly set down by the Madras High Court in August 2021.

     

     

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    Tue, 12 Oct 2021 12:00:00 GMT
    <![CDATA[Australia and Papua New Guinea Have Agreed to Stop Processing Migrants Offshore]]> Australia and Papua New Guinea Have Agreed to Stop Processing Migrants Offshore

    The governments of Australia and Papua New Guinea (PNG) announced on Wednesday that they have reached an agreement to halt offshore immigration and refugee processing by December.

    The parties declared in a joint statement that their respective governments have finalized the Regional Resettlement Arrangement (RRA) between the two nations, accomplishing a long-shared ambition of the PNG and Australian governments.

    The RRA was originally negotiated with the goal of preventing persons from being smuggled across Oceania. It built the disputed Manus Island Regional Processing Centre for the purpose of processing people attempting to enter Australia from other countries.

    For years, PNG has been trying to get out of the offshore processing business. After the Australian-run detention center on the island of Manus was declared to be unconstitutional and ordered shuttered by the PNG Supreme Court in 2016, efforts to end the arrangement intensified. Australia was obliged to pay the detainees more than $70 million in compensation. At least 124 asylum seekers remain in the Manus detention center five years later.

    Finally, Australia will hand over control of the center to the PNG government. Australia has pledged to assist those who seek to relocate to the Republic of Nauru, a micronation in the Pacific Ocean west of Papua New Guinea. For individuals who choose to stay in PNG, the government has vowed to offer a permanent migration pathway, as well as support for those who want to transfer to a third-party country.

     

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    Mon, 11 Oct 2021 12:00:00 GMT
    <![CDATA[A UK Law Firm Has Filed A Lawsuit Against A Google Subsidiary For Violating Data Protection Rules]]> A UK Law Firm Has Filed A Lawsuit Against A Google Subsidiary For Violating Data Protection Rules

    Mishcon de Reya, a UK legal firm, has filed a class action lawsuit against Google's artificial intelligence (AI) subsidiary DeepMind Technologies for violating data protection regulations as a result of DeepMind's data-sharing agreement with the RFL-NHS Foundation Trust.

    DeepMind and the NHS launched a cooperation in 2015 to build an app for renal disease physicians. The goal was to simplify warnings and patient data access so that doctors and nurses could diagnose acute kidney injury (AKI) sooner and more accurately.

    When the data-sharing deal was made public, it was found that DeepMind was receiving access to a wide range of data, including admissions, discharges, and transfers, as well as accidents, emergencies, critical care, pathology, and radiology data. The NHS, which maintains three hospitals in the United Kingdom and serves up to 1.6 million patients, will share access to five years' worth of patient medical information without their awareness or informed permission.

    The Information Commissioner's Office (ICO) of the United Kingdom sanctioned the NHS in 2017 for failing to comply with the country's Data Protection Act. Despite the fact that the app was used by NHS royal trusts since 2015, it was eventually phased off. Google stated in August that the app will be decommissioned.

     

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    Sun, 10 Oct 2021 12:00:00 GMT
    <![CDATA[Twitter Has Filed an Appeal with A French Court, Which Ordered Data on Hate Speech Operations]]> Twitter Has Filed an Appeal with A French Court, Which Ordered Data on Hate Speech Operations

    Twitter's lawyers revealed that the social media giant has challenged a Paris court ruling for it to provide full access to records describing its anti-hate speech procedures. The decision, which was issued on July 6, requires Twitter to give information to six French anti-discrimination organizations about the "material and human methods" it had used since May 2020.

    The decision came after the Union of Jewish Students of France (UEJF), J'accuse, SOS Racisme, SOS Homophobie, the International League Against Racism and Anti-Semitism (Licra), sued Twitter, alleging that the platform's hateful conduct policy is mired with pitfalls that allow hateful comments to resurface.

    The court also ordered Twitter to publish the number of reports received from French users, as well as the number, location, nationality, and language of individuals allocated to processing reports from French users on its site.

    According to research conducted by six anti-discrimination organizations, Twitter only eliminates 11.4 percent of unlawful hate tweets, despite the fact that the number of hate tweets sent grew by 43 percent between March 17 to May 5.

    The appeal hearing for Twitter has been scheduled on December 9th of this year. The court in Paris had ordered Twitter two months to comply, but that deadline had passed on September 6.

     

     

     

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    Mon, 04 Oct 2021 03:08:00 GMT
    <![CDATA[Libya Unlawfully Detains 500 Migrants in A Raid Operation in Tripoli]]> Libya Unlawfully Detains 500 Migrants in A Raid Operation in Tripoli

    The Norwegian Refugee Council (NRC), an independent humanitarian organization working in Libya, expressed alarm over Libyan authorities' widespread arrests and imprisonment of over 500 migrants in Tripoli.

    Security troops in Gargaresh, Tripoli, have carried out a significant operation against criminals, booze and drug sellers, and illegal persons, according to Libya's Interior Ministry. According to the NRC, complaints have been received of migrants, especially women and children, being picked up, unjustly imprisoned, and subjected to torture and ill-treatment.

    Many migrants, particularly in Libya's Gargaresh area, seek to transit through the nation and across the Mediterranean in search of a better life in Europe. Several migrants are still being kept in detention centers run by the state's Directorate of Combating Illegal Migration.

    According to a statement released by the UN Support Mission in Libya, one migrant was murdered and at least 15 others were injured, with at least six of them critically injured. It further stated that communication lines had been shut off to prevent migrants from obtaining information and seeking help.

    Finally, the United Nations has requested Libyan authorities to look into claims of deadly and disproportionate force being used against migrants and has reminded them to "respect at all times the human rights and dignity of all people, including migrants and asylum seekers."

     

     

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    Sun, 03 Oct 2021 12:00:00 GMT
    <![CDATA[A New Legislation in India Allows for Abortion Up To 24 Weeks After Conception]]> A New Legislation in India Allows for Abortion Up To 24 Weeks After Conception

    The Medical Termination of Pregnancy (Amendment) Act was legislated by the Ministry of Health and Family Welfare, and now permits for medical termination of pregnancy between the twentieth and the twenty-fourth week in specific circumstances. The Medical Termination of Pregnancy Act of 1971 did not apply to this case.

    The revised legislation defines "pregnancy termination" as a treatment that uses "medical" or "surgical" procedures to stop a pregnancy. Section 3 of the Act now allows for the termination of a pregnancy up to twenty weeks after obtaining the opinion of one medical practitioner in situations where the continuation of the pregnancy would put the pregnant woman's life at risk, risk of grave injury to her physical or mental health, or a substantial risk of severe physical or mental abnormalities.

    Previously, termination of pregnancy in certain cases was only permitted for a period of twelve weeks, but this has recently been extended to twenty weeks. Medical termination of pregnancy between the twentieth and the twenty-fourth weeks shall also be allowed upon the opinion of two or more medical practitioners in specific situations as prescribed, under the same circumstances as a risk to the pregnant woman's life, a serious risk to her physical or mental health, or a significant risk of a severe physical or mental anomaly in the child Prior to the amendment, abortion after the twentieth week was banned.

     

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    Wed, 29 Sep 2021 12:00:00 GMT
    <![CDATA[The US Treasury Has Sanctioned a Cryptocurrency Exchange for Allegedly Aiding in The Spread of Malware]]> The US Treasury Has Sanctioned a Cryptocurrency Exchange for Allegedly Aiding in The Spread of Malware

    SUEX OTC, S.R.I., a virtual currency exchange, was sanctioned by the US Department of Treasury's Office of Foreign Assets Control on Tuesday for allegedly enabling transactions containing illicit proceeds from ransomware attacks. In addition, the department revised its advice on the Risks of Sanctions for Facilitating Ransomware Payments.

    A study of SUEX's known transactions, according to the government, indicated that over 40% of them were related to illicit activities. Furthermore, while most virtual currency activity is legal, certain transactions are exposed to criminal actors, according to the agency.

     However, organizations like SUEX facilitate unlawful operations for their own nefarious gain. SUEX's property in the United States will be blocked as a result of the penalties. Furthermore, US citizens will be prohibited from dealing with SUEX because of the penalties.

    The government strongly advises paying cyber ransom or agreeing to any extortion requests, according to the revised advice. The government also understands the importance of cybersecurity in preventing or reducing ransomware attacks, according to the report. In the case of a ransomware attack, the advice emphasized the need of improving cybersecurity processes as well as reporting to and cooperating with appropriate government authorities.

    Finally, according to Treasury Secretary Janet Yellen, ransomware and cyber-attacks constitute a direct danger to our economy, affecting both large and small businesses across the United States.

     

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    Sun, 26 Sep 2021 12:00:00 GMT
    <![CDATA[Door Dash Has Filed a Lawsuit Against the City of New York For Violating the City's Food Delivery Data Legislation]]> Door Dash Has Filed a Lawsuit Against the City of New York For Violating the City's Food Delivery Data Legislation

    Door Dash, Inc. filed a case in the Southern District of New York, alleging that a new ordinance breaches consumer privacy.

    Food delivery apps must share consumer data with restaurants, according to a law introduced by the New York City Council in May. On August 29, the bill went into force. Customers can opt out of data sharing, and delivery providers are not required to share data with restaurants unless the establishment specifically asks it.

    Door Dash claims that the legislation is "an unlawful coercion of speech in violation of the First Amendment," "an unconstitutional seizure of Door Dash's valuable business information," and "an unconstitutional impairment of private parties' contractual agreements," according to its complaint.

    Small companies, according to Door Dash, do not have the same level of data protection as delivery services when it comes to protecting client phone numbers, email addresses, and delivery addresses. The firm claims in its complaint that the bill will put illegal consumers at risk, citing worries from the New York City Hispanic Chamber of Commerce and the Haitian American caucus.

    The bill's sponsor, Council Member Keith Powers, described it as an attempt to find the appropriate balance and equality between those who possess information and those who offer products and services. The COVID-19 epidemic had a detrimental impact on numerous eateries, according to Powers.

    Door Dash launched a revised pricing system in April after getting complaints for excessive prices during the epidemic. Door Dash now charges restaurants a 15 to 30 percent fee, depending on the payment plan selected by the restaurant. High commission programs expose restaurants to a bigger number of consumers and allow them to serve a wider delivery region. For all pick-up orders, the firm now charges a 6% fee.

     

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    Thu, 23 Sep 2021 12:00:00 GMT
    <![CDATA[The International Criminal Court Has Approved a Formal Inquiry into The Philippines' Drug War]]> The International Criminal Court Has Approved a Formal Inquiry into The Philippines' Drug War

    The International Criminal Court's (ICC) Pre-Trial Chamber I approved a formal inquiry into crimes allegedly committed in the Philippines between November 1, 2011, and March 16, 2019, as part of President Rodrigo Duterte's anti-drug campaign.

    In 2019, human rights experts urged the United Nations to conduct an impartial inquiry into human rights breaches in the Philippines linked to the drug war, claiming an increase in illegal murders and assaults on persons and organizations protecting human rights. Michelle Bachelet, the United Nations High Commissioner for Human Rights, suggested in July 2020 that the Human Rights Council should explore additional accountability measures in the drug fight.

    The ICC Prosecutor first sought authorisation to probe the drug war in May 2021, and on June 14 filed a public redacted version of the request. ICC justices approved the official inquiry, concluding that there was a legitimate basis for proceeding.

    They said that the war on drugs was not a valid law enforcement activity based on existing facts. Murder, torture, incarceration, sexual assault, and enforced disappearance were among the crimes alleged by victims, according to the panel.

    The justices also held that the International Criminal Court (ICC) retained jurisdiction over alleged crimes committed when the Philippines was a member of the ICC and bound by the Rome Statute. In March 2019, the Philippines formally quit the ICC, becoming the second country to do so after Burundi, which left in 2017.

     

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    Tue, 21 Sep 2021 12:00:00 GMT
    <![CDATA[Three Firms Have Been Fined by The UK data Authorities for Sending Unwanted Communications]]> Three Firms Have Been Fined by The UK data Authorities for Sending Unwanted Communications

    We Buy Any Car, Saga, and Sports Direct were fined £495,000 by the UK Information Commissioner's Office on Wednesday for sending over 354 million nuisance messages.

    Receiving a ping on your phone or continuous unsolicited messages on your laptop from a firm you don't want to hear from is unpleasant and invasive, according to ICO Head of Investigations Andy Curry. He went on to say that today's sanctions demonstrate the ICO's commitment to combating unsolicited marketing, regardless of whether the communications were sent by a tiny business or organization or a well-known brand.

    We Buy Any Car sent emails to consumers wanting an online evaluation of their vehicles, according to the ICO's probe. Even though the first emails were lawful, it sent 91 million emails and 3.6 million texts without authorization between April 2019 and April 2020. As a result, the ICO imposed a £200,000 punishment against We Buy Any Car. Sports Direct was also fined £70,000 by the Information Commissioner's Office (ICO) for failing to get prior authorisation to send 2.5 million emails between December 2019 and February 2020.

    Furthermore, between November 2018 and May 2019, Saga Services sent over 128 million unwanted direct marketing communications, while Saga Personal Finance sent over 28 million unlawful marketing messages. Despite the fact that both firms claimed indirect consent, the ICO rejected their applications.

    As a consequence, the ICO fined Saga Services £150,000 and Saga Personal Finance £75,000, respectively. Another business was penalised £150,000 by the ICO earlier this month for conducting nuisance marketing calls. Since the beginning of the year, the ICO has levied 17 fines totalling over £1.7 million for infringement of direct marketing laws.

    Finally, another business was penalised £150,000 by the ICO earlier this month for conducting nuisance marketing calls. Since the beginning of the year, the ICO has levied 17 fines totalling over £1.7 million for infringement of direct marketing laws.

     

     

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    Mon, 20 Sep 2021 12:00:00 GMT
    <![CDATA[A Legal Firm in The United Kingdom Is Seeking A Judicial Review of The Government's Hotel Quarantine Laws]]> A Legal Firm in The United Kingdom Is Seeking A Judicial Review of The Government's Hotel Quarantine Laws

    On Monday, the UK legal firm PGMBM filed a lawsuit against the government over the government's Hotel Quarantine Policy, which requires returners from "red list" nations to quarantine for 11 days in a hotel to prevent the spread of COVID-19.

    PGMBM believes that such a regulation violates fundamental human rights, and that the government should suspend hotel quarantine rules for those who have been twice vaccinated. According to the London firm, the exception under English law for "deprivations of liberty to prevent the spread of contagious illnesses" was disproportionate to the government's activities and fell outside the provisions' scope. Ireland and Norway are two countries that have made similar adjustments.

    Countries like Kenya and Thailand are on the "red list," which need hotel quarantine. If the court case is successful, the Hotel Quarantine Policy for double-vaccinated tourists might be repealed, and damages to vaccinated people who were subjected to hotel quarantine costs could be compensated.

    In May, PGMBM filed a lawsuit seeking judicial review of the financial consequences of hotel quarantining. As a result of this, the government altered its policy to allow passengers to pay in monthly instalments to cater for financial difficulties. The administration, according to the government, has rejected the court review sought on these grounds to stop hotel quarantine.

     

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    Sun, 19 Sep 2021 12:00:00 GMT
    <![CDATA[Netflix is being Sued by a Chess Grandmaster for Slander]]> Netflix is being Sued by a Chess Grandmaster for Slander

    The first woman in history to be given the title of Grandmaster, filed a defamation complaint against Netflix for misrepresenting in the immensely popular series "The Queen's Gambit." Nona Gaprindashvili has filed a lawsuit in the US District Court for the Central District of California (Western Division) demanding $5 million in damages, claiming that Netflix's incorrect representation was "grossly discriminatory and demeaning" and damaged the real-life women's chess pioneer's achievements.

    The announcer talks to the tens of millions of people watching on Netflix around the world as the fictitious Beth Harmon sits down to play in the last episode of the series, which shows the protagonist attempting to negotiate the male-dominated and frequently political world of chess during the Cold War. Her gender is the only thing that stands out about her. Nona Gaprindashvili is another option, but she is the female world champion and has never faced a man.

    Throughout her career, Gaprindashvili has battled (and defeated) males. The five-time women's world champion gained her Grandmaster title by competing against men in an international event in 1972, one of several she won over the course of her lengthy career. Much of the misogyny shown in the series, such as Harmon being told to play somewhere else when trying to compete in competitions, was based on Gaprindashvili's own experiences trying to make it as a woman in a historically male-dominated sport.

    The concerned passage was modified from a book, which omitted any mention to her not playing men in favor of referring to Gaprindashvili as having met the genuine grandmasters in the narrative "many times previously." Gaprindashvili claims she was humiliated and that her whole life has been crossed out as if it were nothing.

    Netflix replied by saying that while it has nothing but admiration for Ms. Gaprindashvili and her remarkable career, it believes the allegation is without substance and would fiercely fight the lawsuit. The suit has gotten a lot of attention from the chess community, which has profited a lot from the successful show.

    Chess has become one of the most popular genres on the videogame live streaming site "Twitch," and many people have praised The Queen's Gambit for bringing the game to the attention of the public and inspiring young females to participate.

     

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    Thu, 16 Sep 2021 12:00:00 GMT
    <![CDATA[A Florida Court Has Struck Down the State Governor's Effort to Prohibit Masks from Being Worn in Schools]]> A Florida Court Has Struck Down the State Governor's Effort to Prohibit Masks from Being Worn in Schools

    Florida Governor Ron DeSantis was temporarily barred from banning masks in public schools by Second Circuit Judge John Cooper.

    Cooper had previously decided that DeSantis could not retaliate against local schools for requiring masks. DeSantis filed an appeal, requesting that masks be banned until a higher court made a definitive judgment, but Cooper ruled in favour of Florida schools, allowing them to continue to require masks.

    Throughout the trial, DeSantis argued that requiring masks in local schools violated the Parents' Bill of Rights. Executive Order 21-175, also known as Ensuring Parents' Freedom to Choose - Masks in Schools, was also signed by him. According to this ruling, disguising children might have serious health and societal implications. Parents said that it was the government's obligation to ensure school safety.

    Cooper used the rigorous scrutiny test to determine that school mask rules are the "least restrictive means of treating the virus" and that public safety is a compelling state interest. As a result, he concluded that the school's mask regulations were legal since they served the state's public-safety interest.

    Following Cooper's decision, Republican Florida Rep. Anthony Sabatini announced the introduction of HB 75, a bill that would repeal all vaccination and mask regulations in the state. Woke businesses, radical school boards, and lawless local governments, he said, are infringing on every Floridian's liberties.

    The US Department of Education has launched an investigation into five states to see if their mask bans violated the Rehabilitation Act of 1973. The agency, on the other hand, decided not to investigate Florida and three other states because their mask prohibitions were not being enforced.

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    Tue, 14 Sep 2021 12:00:00 GMT
    <![CDATA[A 6 billion Euro Lawsuit has Been Filed Against TikTok in A Dutch Court]]> A 6 billion Euro Lawsuit has Been Filed Against TikTok in A Dutch Court

    Stichting Massaschade & Consument, a Dutch non-profit, filed a lawsuit against TikTok on Tuesday, claiming that the social media app violated European privacy rules by gathering and auctioning sensitive user data.

    Likewise, Stichting Massaschade & Consument has asked an Amsterdam court to force TikTok to pay €6 billion in damages, based on €1.250-1.750 per user fixed damages. According to the foundation, TikTok, which is owned by a Chinese firm, benefits off its users since its platform blurs the lines between advertising and user-generated content. 

    To this end, Stichting Massaschade & Consument is the third foundation to challenge TikTok in Dutch court this year on privacy concerns. Two additional charities, the Take Back Your Privacy Foundation and the Consumers' Association, filed a €2 billion lawsuit against the app in late June.

    However, the previous lawsuit only sought damages for violations of children's privacy rights, but Stichting Massaschade & Consument's case seeks compensation for all age groups. At the end of July, the Dutch Data Protection Authority, the government's watchdog, fined TikTok €750,000 for invading the privacy of Dutch youngsters.

     

     

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    Mon, 13 Sep 2021 12:00:00 GMT
    <![CDATA[The National Defence Academy Is Set to Become Open for Admissions By Female Candidates]]> The National Defence Academy Is Set to Become Open for Admissions By Female Candidates

    The Indian Supreme Court was informed by the central government that the armed services had "themselves decided" to induct women into the military for permanent commission through the National Defence Academy.

    The judgment comes only days after the Supreme Court granted an interim order permitting women to sit for the NDA admission exam in response to a petition arguing that the restriction violated their constitutional rights to equality and freedom of profession. The NDA test was originally scheduled for September 2021, but it has been postponed until later this year.

    The panel, led by Justice Sanjay Kaul, applauded the government's effort to persuade the military to take an equitable approach vis-à-vis the involvement of different genders.

    Furthermore, the court indicated that it would not readily interfere with their tasks and that it would prefer them to take a proactive approach to gender equality issues rather than leave it untreated and relying on the courts to intervene, citing the military services' vital functions. The court also granted the government two weeks to provide an affidavit explaining the government's approach.

    It is also notable that the Supreme Court issued another ground-breaking decision last year, enabling women enlisting in India's military to earn permanent commissions.

     

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    Sun, 12 Sep 2021 12:00:00 GMT
    <![CDATA[The Department of Justice Has Filed a Lawsuit to Overturn Texas' Six-Week Abortion Restriction]]> The Department of Justice Has Filed a Lawsuit to Overturn Texas' Six-Week Abortion Restriction

    The US Department of Justice (DOJ) has filed a lawsuit contesting Senate Bill (SB8), a contentious Texas law that prohibits all abortions after six weeks and allows citizens to report those who help or intend to help persons who want to stop their pregnancies.

    According to the complaint, the legislation violates the Supremacy Clause since it does not include an exemption for situations of rape and incest. According to the Department of Justice, this limitation might obstruct government employees' ability to execute their job of facilitating abortions in some circumstances.

    Moreover, because of the impact this restriction will have on interstate trade, the DOJ also stated that the statute controls areas that are pre-empted by federal government power. Calls from out of state are already increasing at abortion clinics in surrounding states.

    SB8 also violates the Fourteenth Amendment, according to the Department of Justice, since it violates a person's right to an abortion before a foetus can live outside the mother's womb, as established in Roe v. Wade and Planned Parenthood v. Casey.

    "The legislation involves an unprecedented plan to, in the Chief Justice's words, 'insulate the State from responsibility,'" said Attorney General Merrick Garland. The law enables private individuals to enforce the law rather than state employees, which implies that there will be considerably fewer legal challenges to the bill's unconstitutionality.

    Finally, the United States Supreme Court declined to issue an injunction to prevent the law's passage, which took effect on September 1. A dissent was written by Justices Sotomayor, Kagan, Breyer, and Chief Justice Roberts. Sotomayor and Roberts criticized the state's first-of-its-kind statutory framework, which deputizes Texans to execute the law.

     

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    Thu, 09 Sep 2021 12:00:00 GMT
    <![CDATA[A Federal Court in Florida Has Struck Down an Anti-Riot Bill]]> A Federal Court in Florida Has Struck Down an Anti-Riot Bill

    The US District Court for the Northern District of Florida's Tallahassee Division granted a preliminary injunction halting Florida's contentious "anti-riot" measure on Thursday, dealing a blow to Governor Ron DeSantis' central election pledge and a triumph to civil rights groups.

    HB1 was enacted in response to the George Floyd demonstrations, which highlighted police brutality against people of colour. It established additional criminal penalties for demonstrators and gave the state the authority to override municipal financial planning for police services. The NAACP and the ACLU of Florida have claimed that the bill restricts Floridians' right to free expression and peaceful assembly under the First Amendment.

    The majority of Judge Mark Walker's decision is predicated on a vague definition of riot.

    The plaintiffs contended that it is unclear whether participating in a larger rally where violence occurs qualifies as "rioting," and that the language of HB1 empowers police officers to use "extreme force" against any group of individuals suspected of rioting. There is concern that if agitators join peaceful rallies, the new regulations may penalize peaceful demonstrators.

    The plaintiffs' position was supported by the court, which stated that even a temporary violation of First Amendment rights is a significant and substantial damage that is not in the public interest.

     Although the court agreed with the plaintiffs that the law could lead to increased racial profiling, it went on to say that the definition of "riot" is broadly defined and that its broadness works against its constitutionality.

    Despite agreeing with the plaintiffs that the law could lead to increased racial profiling, the court went on to say that the definition of riot is so broad that it allows those in power to weaponize its enforcement against any group that wishes to express any message that the government opposes, and that its broadness works against its constitutionality.

    Finally, Judge Walker issued the injunction to prevent the bill's definition of "riot" from being applied, noting that the state still had the authority to protect private property and public safety using the numerous tools at its disposal, as well as the lack of public interest in enforcing a likely unconstitutional statute.

     

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    Wed, 08 Sep 2021 12:00:00 GMT
    <![CDATA[Panama Has Legalized the Use of Medicinal Marijuana]]> Panama Has Legalized the Use of Medicinal Marijuana

    Panama joined at least seven other Latin American countries in legalizing medicinal marijuana usage on Monday. During the bill's third discussion, Panama's national parliament overwhelmingly enacted Bill 153 after a five-year fight.

    Bill 153 was championed by National Assembly President Crispiano Adames, who was joined by Marcos Castillero, to promote and assure responsible access to medicinal cannabis products. The measure, he added, was written in such a way that it would prevent future smuggling by ensuring a regulated atmosphere. The most significant success of the new law, according to Adames, will be offering aid to worthy sufferers.

    Commercial usage of homegrown cannabis is prohibited under the new medicinal marijuana law. In addition, the measure mandates that cannabis be imported in tablet and liquid drop form. The medicine will be distributed by Panama's Ministry of Health to approved pharmacies. Pharmacies must apply for a permit and pass a site inspection in order to be permitted.

    Finally, The LUCES Panama Foundation's Marie Millard thinks that the legalization of marijuana for medicinal use would improve the lives of patients who are now reliant on a variety of useless medicines. The LUCES charity also provides emergency medical care to epilepsy sufferers.

     

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    Tue, 07 Sep 2021 12:00:00 GMT
    <![CDATA[Amnesty International Calls on Tunisia's President to Stop Imposing Arbitrary Travel Restrictions]]> Amnesty International Calls on Tunisia's President to Stop Imposing Arbitrary Travel Restrictions

    Amnesty International (AI) issued a statement documenting the situations of at least 50 persons who have been barred from leaving Tunisia unlawfully in the previous month.

    President Kai Saied used travel prohibitions often in the first month after assuming extraordinary powers, according to AI data. According to AI, the number of individuals held might be far higher, with judges, state officials, civil workers, businesspeople, and a legislator among those detained. None of the tourists received a written reason for their prohibition, nor did they receive any legal order to that effect. Furthermore, they were not told that the prohibitions were still in effect.

    The prohibitions, according to Saied in a speech earlier this month, are part of a larger attempt to keep people suspected of corruption from fleeing the nation. However, according to AI, none of the 50 people were the subject of any complaints or investigations. This, according to AI, is a blatant takeover of the courts and an arbitrary disregard for the freedom of movement of the people.

    The exclusive authority to issue travel restrictions in Tunisia is reserved for judicial authorities under Tunisian Law no. 75-40. The legislation mandates that the grounds for the ban be published as soon as possible, and that the prohibited individual be given the option to appeal the judgment.

    AI asked the president to stop imposing arbitrary restrictions and to respect the right to freedom guaranteed by the International Covenant on Civil and Political Rights and the African Charter on Human and People's Rights, both of which Tunisia is a signatory to.

    Finally to reiterate, following the president's acquisition of extraordinary powers and the suspension of parliament, Tunisia has been in political instability for the last month.

     

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    Mon, 06 Sep 2021 12:00:00 GMT
    <![CDATA[The United States Supreme Court Has Refused to Overturn Texas' Six-Week Abortion Restriction]]> The United States Supreme Court Has Refused to Overturn Texas' Six-Week Abortion Restriction

    The US Supreme Court refused to overturn a Texas statute prohibiting abortions as early as six weeks into a pregnancy, preserving the country's most stringent anti-abortion rule. Governor Greg Abbott signed Senate Bill 8 (SB 8) in May, prohibiting abortion when an ultrasound detects a "heartbeat," which often occurs before a woman even realizes she is pregnant.

    The law also allows "the public people at large" to sue anybody who assists a woman in obtaining an abortion, this could be an individual that drives her to the clinic or someone who provides financial support to acquire an abortion.

    Likewise, there are no exclusions for cases involving rape or incest, and private individuals who file these claims must establish any relationship to the defendants. The Supreme Court dismissed a call for injunctive relief filed by Whole Woman's Health and others to stop the law from going into effect, stating that the plaintiffs failed to show that they are likely to succeed on the merits, that they would be irreparably harmed without an injunction, that the balance of equities favors the plaintiffs, and that an injunction is consistent with the Constitution.

    The Court specifically cited the state's claim that "neither it nor its executive personnel have the ability to execute Texas law either directly or indirectly," and ruled that precedent does not allow it to issue an injunction against state judges sitting over a Texas lawsuit.

    The Court further cited an affidavit made by a private individual who is also a defendant in this case, in which he claimed that he had "no 'present' desire to execute the law." As a result, the plaintiffs failed to meet their burden of proof in seeking an injunction, and the Court said that it is uncertain whether the listed defendants in this case can or would seek to enforce Texas law against the applicants in such a way that we may intervene.

    Finally, the Court further said that this decision is not based on the merits of any substantive allegations and does not address the legality of Texas legislation, and that it "in no way restricts other procedurally valid challenges" to SB8, "including in Texas state courts."

     

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    Sun, 05 Sep 2021 12:00:00 GMT
    <![CDATA[Google Has Filed an Appeal Against the French Antitrust Authority's €5OOM Punishment]]> Google Has Filed an Appeal Against the French Antitrust Authority's €5OOM Punishment

    Google has stated that it will appeal the €500 million (US $591 million) fine issued by the French antitrust authority Autorité de la concurrence ("Autorité") in July. The fine was imposed in response to growing international pressure on internet platforms to contribute a larger portion of the money produced by the usage of news from local media outlets.

    The EU amended its digital copyright laws in 2019, granting press publishers a new freedom to make their publications available online. "Authors of works integrated in the press publication will be entitled to a portion of the money generated by this new right," says the press publisher. For years, Google News and other internet sharing platforms have taken information from newspapers and published it on their websites.

    Moreover, regardless of its appeal, Google will have to pay the fine by the deadline, according to Autorité. It's unclear how long the appeal would take or how Google will be able to recoup the fee if it wins. Such disputed fines are usually held in escrow until the dispute is resolved. According to the Autorité's July ruling, Google must submit proposals within two months outlining how it would compensate local news organizations for utilizing their content. Additional fines of up to €900,000 per day might be imposed if this is not done.

     

     

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    Thu, 02 Sep 2021 12:00:00 GMT
    <![CDATA[A Syrian Rebel with Ties to ISIS Has Been Sentenced to 12 Years in Jail by a German Federal Court]]> A Syrian Rebel with Ties to ISIS Has Been Sentenced to 12 Years in Jail by a German Federal Court

    A member of the undefined "Free Syrian Army" was sentenced to twelve years in prison by the Stuttgart Higher Regional Court earlier this month for war crimes committed in Syria and for ties to the Islamic State of Iraq and Syria (ISIS).

    The verdict was made public on Monday, and the punishment followed the rejection of the defendant's appeal by the Federal Court of Justice's Third Criminal Senate, which found no legal mistake in the Stuttgart court's final ruling.

    The defendant took part in multiple engagements against the Syrian regime in 2012 as part of a sub-unit of the "Free Syrian Army," according to the court. He had brought a captured member of a Syrian government-supporting militia to his unit's headquarters and killed him while he was shackled. However, some evidence suggests that the guy died from gunfire fired by others rather than the defendants.

    Finally, it was revealed to the court that the defendant joined ISIS in June 2014, and within a month of joining, he and two other members reportedly kidnapped and abused two minors at a school that was used as a jail. He is also accused of detaining another student at the same school for breaching the ISIS code of conduct, as well as performing roadside inspections and other contributions to the group until his departure from Syria in October 2014.

     

     

     

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    Wed, 01 Sep 2021 12:00:00 GMT
    <![CDATA[A Draft Set of Recommendations for Online Recommendation Algorithms Has Been Released by China's Internet Authority]]> A Draft Set of Recommendations for Online Recommendation Algorithms Has Been Released by China's Internet Authority

    China's primary internet watchdog, the Cyberspace Administration of China (CAC), released a 30-point draft guideline that included recommendations prohibiting firms from using algorithms that "promote addiction or excessive consumption," harm national security, or disturb public order.

    The proposed guidelines, which aim to "protect national security and social public interests, protect the legitimate rights and interests of citizens, legal persons, and other organizations, and promote the healthy development of Internet information services," require internet companies that use algorithm recommendation services to follow social ethics and ethics, as well as business ethics and best practices.

    The proposed rules also include a more user-friendly method that would require algorithm suggestion service providers to give internet users with the opportunity to switch off algorithm recommendation services, after which the provider would be required to stop providing related services.

    The proposal also said that algorithm recommendation service providers must have "mainstream value" and "actively disseminate good energy" while limiting the dissemination of material that is illegal or in violation of the law. It specifically said that algorithms should not be used to promote addiction or excessive expenditure.

    The action comes as consumer organizations and state media in China have condemned internet businesses for misusing personal data and coercing people into purchases and advertisements and have urged for their regulation.

    Finally, the guidelines are part of a broader crackdown on China's big tech and are expected to have a particularly negative impact on companies like Alibaba Group, Didi Global, and TikTok owner ByteDance, which use such algorithms to predict user preferences and make recommendations, and are already under scrutiny from Chinese authorities on a number of fronts.

     

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    Sun, 29 Aug 2021 11:17:00 GMT
    <![CDATA[Drone Restrictions in India Have Been Liberalized, As Per New Ministry of Civil Aviation Revisions]]> Drone Restrictions in India Have Been Liberalized, As Per New Ministry of Civil Aviation Revisions

    The Indian Ministry of Civil Aviation has issued "liberalized" Drone Rules, which govern the ownership and operation of private and commercial drones in India. The new regulations will take the place of the Unmanned Aircraft System Rules, which were published in March. The old restrictions were restricted since each drone flight required considerable documentation and permissions.

    The new laws also make it unnecessary to conduct a security check before to registering or licensing drones. The number of permits has been lowered from 25 to 5, and the cost type has been reduced from 72 to 4. In addition, non-commercial use of nano and micro drones will not require a pilot's license.

    In addition, the new laws have split the airspace into three zones: green, yellow, and red. Drones and unmanned aircraft have also been divided into five groups based on their weight and size. Furthermore, drone weight coverage has been increased from 300 kg to 500 kg to support heavy-payload-carrying drones utilized in the transportation business.

    Foreign ownership of Indian drone firms is also unrestricted and import rules have been loosened. However, breaking the regulations might result in a punishment of up to $1,350 USD. Finally, the new Drone Rules have been hailed as a boon to start-ups and our young working in this field. It will provide new opportunities for business and innovation."

     

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    Thu, 26 Aug 2021 12:00:00 GMT
    <![CDATA[Opposition Parties from Across India Have Issued a Unified Statement Condemning the Central Government's Mismanagement India]]> Opposition Parties from Across India Have Issued a Unified Statement Condemning the Central Government's Mismanagement

    The leaders of India's 19 opposition parties met online to discuss the federal government's alleged mismanagement, which is led by Prime Minister Narendra Modi. President Sonia Gandhi of the Indian National Congress (INC) and two senior opposition leaders from around the nation held the virtual conference, which was aired live.

    The conference was attended by members of the INC as well as representatives from 18 opposition groups. Following the conference, the opposition parties released a united statement vowing to work together to organize rallies around the country from September 20 till the 30th.

    The opposition also slammed the federal government, led by the Bhartiya Janata Party, for disrupting the Parliament's monsoon session by refusing to confront the accusations surrounding the Pegasus spyware and the government's role in it.

    They all accused the governing party of significant mishandling in the country's reaction to the COVID-19 epidemic and vaccine administration, which resulted in a slew of problems for citizens. In view of these considerations, they have issued a list of 11 requests to India's central government.

    This included increasing vaccine distribution in India, implementing free cash transfers and distributing free food packages to the poor, and convening an emergency Supreme Court-monitored judicial inquiry into the Pegasus spyware's usage. Likewise, all political prisoners jailed under the harsh Unlawful Activities (Prevention) Act, 1967 (UAPA) should be released, as should all political prisoners in Jammu and Kashmir's union territory were also addressed as topics of grave concern.

     

     

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    Tue, 24 Aug 2021 12:00:00 GMT
    <![CDATA[A Federal Court in the United States has Struck Down a Statute Prohibiting Deported Migrants from Re-entering the Country]]> A Federal Court in the United States has Struck Down a Statute Prohibiting Deported Migrants from Re-entering the Country

    As a breach of the Equal Protection Clause of the Fifth Amendment, Chief Judge Miranda Du of the District of Nevada struck down 8 USC 1326 (a) &(b), which criminalizes the re-entry of migrants who have previously been deported from the US.

    The court held that Section 1326 was enacted with a discriminatory intent and had a disparate impact on Latinx people, and the government failed to show that the statute would have been passed if it hadn't been for racial animus. The court determined that Section 1326 was created with a discriminatory purpose after reviewing the historical backdrop, legislative history, and other circumstances in Arlington Heights, a previous immigration case.

    Finally, the court held that later changes to Section 1326 did not mitigate the discriminatory aim of the legislation, but rather served to strengthen its deterrent impact by gradually raising criminal penalties for migrants who re-entered the US after being deported. Former President Donald Truman rejected the 1952 revisions because he was worried about their racial connotations.

     

     

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    Sun, 22 Aug 2021 12:00:00 GMT
    <![CDATA[The Mayor of Los Angeles Has Signed an Anti-Camping Law]]> The Mayor of Los Angeles Has Signed an Anti-Camping Law

    Los Angeles Mayor Garcetti has signed an anti-camping bill, making homelessness illegal in the city. According to a survey released by the Los Angeles Homeless Services Authority, 66,436 people were homeless in Los Angeles County in 2020.

    Moreover, encampments have popped up in parks and along entire streets, complete with furniture and personal belongings. The Los Angeles Homeless Authority revealed that a shelter capacity of 25,000 beds on any given night, far fewer than the demand.

    The ordinance defines the times and places "where it shall be prohibited for a person to sit, lay, or sleep in the public right-of-way, or to keep, use, maintain, or put personal property." Within two feet of any fire hydrant or fire plug, within five feet of any operational or utilizable entry or exit, or anyplace on a roadway, this applies. It also safeguards public rights of way within 500 feet of "sensitive" facilities like as schools, day care centres, parks, and libraries.

    Finally, after 13 of the 15 council members voted in favour of the bill, Mayor Garcetti signed it. Similarly, a large crowd gathered in front of the mayor's residence. However, following the signing, a peaceful demonstration involving approximately 50 people began, but riot policemen were deployed to remove the crowd. After it is signed, the ordinance will go into force 30 days later.

     

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    Thu, 19 Aug 2021 12:00:00 GMT
    <![CDATA[The United Nations Security Council Has Called for an Urgent and Immediate Ceasefire in Afghanistan]]> The United Nations Security Council Has Called for an Urgent and Immediate Ceasefire in Afghanistan

    Following the Taliban's takeover of Afghanistan, the United Nations Security Council called for an immediate halt to bloodshed and the restoration of order, expressing alarm over alleged significant violations of international humanitarian law and human rights abuses.

    On Sunday, the Taliban grabbed control of Kabul, Afghanistan's capital. The government fell after President Ashraf Ghani departed the country. Various segments of Afghanistan's society have reported on the present scenario, expressing worry, particularly for women and tyranny.

    Members of the Security Council also urged for inclusive talks to create a new government that is "unified, inclusive, and representative," with "full, equal, and meaningful involvement of women." The council emphasized the need of institutional continuity, international commitments, and citizen safety and security.

    UN Secretary-General António Guterres urged all parties to allow humanitarian aid to enter the country without hindrance. Guterres expressed worry over reports of increasing human rights breaches against Afghan women and girls, who fear a return to the country's worst days.

     

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    Wed, 18 Aug 2021 01:53:00 GMT
    <![CDATA[Shell Ordered to Pay $111 Million in Damages for a 1970's Oil Spill]]> Shell Ordered to Pay $111 Million in Damages for a 1970's Oil Spill 

    Shell, one of the world's six supermajor oil corporations, has agreed to pay N 45.9 billion (naira) (US $111.6 million) to resolve a decades-old legal dispute over an oil leak that happened during the Biafran-Nigerian civil war.

    The lawsuit was filed in 1991 by a group of 10 Ogoni community members led by Chief Isaac Agbara in Eleme, Rivers State, demanding damages from the Nigerian arm of the Shell Petroleum Development Company (SPDC) for extensive contamination caused by a burst pipeline in 1970. Shell refused to accept responsibility for the oil leak, blaming it on a third party.

    Shell must pay the compensation within 21 days, according to an order issued by the Federal High Court in Abuja. Shell's request that the money be sent to the court was denied by Justice Ahmed Mohammed, who also ordered that the money be delivered directly to the Ogoni people's counsel.

    In 2010, a Nigerian court penalized SPDC about $41 million after nearly 20 years. Shell filed numerous appeals, all of which were unsuccessful. In 2019, the Nigerian Supreme Court upheld the community's victory in court. Authorities confiscated assets belonging to First Bank of Nigeria two years after the supreme court's judgment in order to recoup damages due by Shell.

    The ultimate amount is made up of the initial 2010 judgment plus interest accrued over the previous eleven years. Also, in regard to the judgement, the general public opinion reflected the idea that Shell had run out of tricks and had come to the conclusion that the result was a vindication of the community's steadfastness in seeking justice.

    This is Shell's most recent important legal development. Shell was held responsible for multiple oil spills in Nigeria by a Dutch court in January. Another Dutch court recently ordered Shell to decrease its overall carbon emissions by at least 45 percent by 2030, compared to 2019 levels.

     

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    Tue, 17 Aug 2021 12:00:00 GMT
    <![CDATA[Belarus faces tougher UK Economic Sanctions because of its Human Rights Abuses]]> Belarus faces tougher UK Economic Sanctions because of its Human Rights Abuses

    The United Kingdom tightened sanctions on Belarus on Monday to crush the country's authoritarian dictatorship. Aviation, trade, and economic sanctions have been imposed as a result of a modification to the Republic of Belarus(sanctions)(EU Exit) Regulations 2019. These penalties follow a joint designation issued by the United Kingdom, the United States, and the European Union in June of this year.

    Belarusian airlines are prohibited from overflying or landing in the United Kingdom under the aviation restrictions. They also prohibit the provision of technical support to President Lukashenko's aircraft fleet, as well as other 7 persons. To reduce the flow of money to the Lukashenko government, the trade measures apply penalties on a variety of items.

    Financial sanctions imposed on Belarus and its state-owned banks attempt to prevent the trade of transferrable securities and other financial instruments issued by the country. The United Kingdom's restrictions are in line with those taken by the Biden administration, which signed an executive order on Monday prohibiting people from contributing to the Lukashenko government from owning property.

    It also joins Canada, which, in reaction to human rights breaches in Belarus, has adopted new sanctions under the Special Economic Orders Act. Following last year's elections, which were widely seen as "fraudulent," and subsequent crackdowns on government dissidents, the Lukashenko administration has come under fire.

    The administration has recently been under fire for forcing a plane to land, which resulted in the detention of two activists. Finally, the goal of the collective sanctions and unified denunciation of the regime is to put pressure on the regime and its institutions to modify their conduct while minimizing any negative effects for Belarus's general population.

     

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    Sun, 15 Aug 2021 12:00:00 GMT
    <![CDATA[The Upper House of Parliament in India has Approved a Measure to Abolish Retroactive Taxes]]> The Upper House of Parliament in India has Approved a Measure to Abolish Retroactive Taxes

    The Rajya Sabha, India's upper house, adopted The Taxation Laws Amendment Bill on Monday, which aims to eliminate all retrospective taxation on indirect asset transfers in India. The tax bill's goal is to overturn the effects of modifications made by the Finance Act of 2012, which attempted to impose tax responsibility on gains deriving from the indirect transfer of assets domiciled in India retrospectively.

    According to Article 110 of the Indian Constitution, any bill dealing with the imposition, repeal, remission, change, or regulation of any tax is considered a money bill. As a result, while the tax measure meets the criteria of a money bill, Article 109 of the Constitution only allows the Rajya Sabha to adopt it with recommendations to the lower chamber.

    Alternatively, Rajya Sabha has no jurisdiction to reject the tax bill, and the law would have been declared enacted by both houses of Parliament even if it had not been approved within the 14-day deadline. The Lok Sabha must now agree to and accept any Rajya Sabha suggestions on the tax bill, although it can pass the law without doing so. As a result, in situations concerning taxation or tax legislation, the Rajya Sabha has extremely limited authority.

    The tax bill would modify the Income Tax Act to clarify that the Finance Act's impact will be prospective, invalidate certain limitations on indirect transfers of India-based assets made before May 28, 2012, and make other changes to the Finance Act.

    The Finance Act was an attempt to get around the precedent in the Vodafone case, which found that earnings deriving from the indirect transfer of assets in India were not taxable under the Income Tax Act's then-current provisions.

    Conclusively, because of the retroactive clause in the Finance Act, the tax law would effectively eliminate any tax demands against corporations like Cairn Energy and Vodafone. The law is still awaiting Lok Sabha ratification, which may or may not adopt Rajya Sabha's recommendations.

     

     

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    Thu, 12 Aug 2021 12:00:00 GMT
    <![CDATA[The Governor of New York has Extended his Resignation in Light of the Sexual Harassment Findings Against Him]]> The Governor of New York has Extended his Resignation in Light of the Sexual Harassment Findings Against Him

    Andrew Cuomo, the governor of New York, has formally stepped down after after an investigation revealed several allegations of sexual harassment. Cuomo sexually assaulted 11 women, including state employees, according to a 168-page report published by the New York Attorney General's Office. According to reports, the governor participated in non-consensual touching and made inappropriate remarks.

    Further to a five-month independent inquiry that included interviews with 179 persons and an examination of 74,000 documents, it was found that Governor Cuomo had committed and indulged in acts of sexual harassment. 

    Cuomo has been the governor of New York since 2011, and his resignation will take effect in 14 days. Cuomo is still under criminal investigation for sexual harassment, and New York Democrats have initiated steps to impeach him. In response to the study, statements have been made emphasizing the Governor's conduct as inappropriate and not fit for a state office.

     

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    Tue, 10 Aug 2021 12:00:00 GMT
    <![CDATA[Concerns About the COVID-19 Delta Variant have Prompted the CDC to Announce a Fresh Eviction Moratorium]]> Concerns About the COVID-19 Delta Variant have Prompted the CDC to Announce a Fresh Eviction Moratorium

    Following anticipated changes in the trajectory of the COVID-19 pandemic, particularly the introduction of the Delta variant, the Centres for Disease Control and Prevention (CDC) imposed a new federal ban on evictions on Tuesday in counties with high levels of community transmission.

    The CDC's latest eviction moratorium had ended earlier, and with the Supreme Court's decision last month prohibiting the Biden Administration from extending it without Congressional permission, the CDC was unlikely to give another extension. Unlike past moratoriums, however, this one focuses on certain parts of the country where cases are quickly increasing.

    A moratorium had been enacted by Congress, but it was set to expire in September 2020. The CDC stepped in at that time and announced its own ban, which would run until December. However, Congress re-entered the situation, prolonging the CDC ban until January, when the CDC would take up the case again from Congress.

    With the first CDC moratorium about to expire soon, President Joe Biden asked on state and local governments to immediately begin disbursing Emergency Rental Assistance money they've been collecting since February to avoid as many evictions as possible. Furthermore, state and local governments will be eligible for an extra $21.5 billion if the measure is enacted.

    However, it is unclear if this current ban would avoid Supreme Court review. It's also unclear if the moratorium was enacted in response to the Biden administration's efforts to investigate alternative options for stopping the evictions. The moratorium order will be in effect until October 3 if it is not overturned by the Supreme Court. It covers all counties with "substantial and high levels of community transmission levels of SARS-CoV-2" as of August 3, according to the CDC.

    Finally, any county that is not now covered by the order may become subject to it if it suffers the stated considerable and high levels of community transmission in the future, while any county that does not during a 14-day period will be removed from the moratorium's scope.

     

     

     

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    Sun, 08 Aug 2021 07:53:00 GMT
    <![CDATA[The Human Rights Commission of New Zealand has Launched an Investigation into the Country's Housing Problem]]> The Human Rights Commission of New Zealand has Launched an Investigation into the Country's Housing Problem

    The Human Rights Commission of New Zealand stated that a nationwide inquiry into the country's housing issue will be held. The Commission also produced a framework with 21 recommendations on New Zealand's right to a decent dwelling. The framework will be used by the Commission in a nationwide inquiry into the right to a decent dwelling, which will be conducted under section 5(2) of the Human Rights Act.

    The New Zealand housing crisis, according to Chief Human Rights Commissioner Paul Hunt, is having a "punishing impact" on marginalized groups and has left many people homeless. New Zealand saw the highest increase in housing prices among all OECD countries–30 percent in the last 12 months, which has kept first-time buyers out.

    The government also reaffirmed its commitment to ensuring the well-being and prosperity of indigenous Maori because of Te Tiriti o Waitangi, which serves as the cornerstone of their relationship with the Crown.

    Conclusively, the framework itself states that its principles are only a first step toward a greater understanding of Te Tiriti's right to a good house, and that other groups may work on more comprehensive initiatives.

     

     

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    Thu, 05 Aug 2021 12:00:00 GMT
    <![CDATA[Breaking EU’s Data Protection Regulations Costs Amazon €746 million in Fines]]> Breaking EU's Data Protection Regulations Costs Amazon €746 million in Fines

    The Luxembourg National Commission for Data Protection (CNPD) fined Amazon €746 million on Friday for not complying with the EU's General Data Protection Regulation in its handling of personal data (GDPR). In the EU and the European Economic Area, the GDPR governs data protection and privacy. It was enacted in 2016 and went into effect in May of this year. It imposes sanctions on anyone who breach its privacy and security requirements, which are meant to be severe.

    In a filing with the US Securities and Exchange Commission (SEC), Amazon revealed the €746 million punishment. Although authorities are permitted to levy fines of up to 4% of a company's turnover, this is the highest punishment ever imposed. The CNPD levied the punishment on July 16 and ordered Amazon to change several of its business practices.

    Conclusively, Amazon specified that it merely listed them as matching practice modifications, not revealing specific business practices it was required to change. Amazon also stated in its petition that it wants to appeal the judgment, writing: We think the CNPD's finding is without merit, and we intend to forcefully defend ourselves in this case.

     

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    Wed, 04 Aug 2021 12:00:00 GMT
    <![CDATA[Zoom Fined for User Privacy Breach]]> Zoom Fined for User Privacy Breach

    After customers accused Zoom of breaching their privacy rights, the company agreed to pay $85 million in a class action lawsuit settlement. Several plaintiffs have joined a class action complaint against Zoom, claiming that the video conferencing platform broke California law by: (1) disclosing Plaintiffs' personally identifiable information with other parties; (2) misrepresenting Zoom's security capabilities.

    The plaintiffs originally claimed that Zoom had improperly shared users' personally identifying information with Facebook, Google, and LinkedIn. The plaintiffs then alleged that Zoom misrepresented its security capabilities and that they could still view and listen to Zoom meetings' video and audio recordings.

    Moreover, Zoom filed a motion to dismiss the plaintiffs' claims, citing Section 230(c)(1) of the Communications Decency Act, which stipulates that an interactive computer service provider should not be considered as the publisher or speaker of material given by another information content source.

    Finally, it is notable that in a previous deal with US authorities, the US Federal Trade Commission (FTC) ordered Zoom to improve its security measures. Similarly, the FTC claimed in that lawsuit that Zoom deceived consumers by making false statements and engaging in deceptive activities.  Thereafter, Zoom had vowed to review software upgrades for security vulnerabilities in response.

     

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    Mon, 02 Aug 2021 12:00:00 GMT
    <![CDATA[The French Legislative Body Has Approved a Measure Mandating COVID-19 Vaccinations in Order to Enter Businesses and Restaurants]]> The French Legislative Body Has Approved a Measure Mandating COVID-19 Vaccinations in Order to Enter Businesses and Restaurants

    Department stores and shopping malls with a high risk of contamination, restaurants, sites that provide vital products and services, and some transportation services are among the restricted social venues.

    The bill was enacted by the Senate in order to combat COVID-19 by enacting measures that combine societal aspirations for participation in diverse activities with the need to restrict viral transmission in France and account for the national effort in favour of vaccination.

    The law, for example, extends the health crisis management system until December 2021, raises the penalty for failing to comply with limitations, and expands the use of solitary confinement for individuals who contract COVID-19. Similarly, the bill also mandates vaccination for people working in the health and medical-social sectors, with penalties for non-compliance.

    The bill also provides compensation to the National Office for Compensation for Medical Accidents, Iatrogenic Diseases, and Nosocomial Infections for damage directly attributable to compulsory vaccination against COVID-19, as well as compensation to the National Office for Compensation for Medical Accidents for damage directly attributable to compulsory vaccination against COVID-19.

    Conclusively, it is notable that the measure was passed by the French Prime Minister after the Senate voted 195 to 129 in favor of it and the National Assembly voted 156 to 60 in favour of it.

     

     

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    Sun, 01 Aug 2021 10:21:00 GMT
    <![CDATA[India's Joint Panel on Data Protection has Been Given an Extension to Submit its Current Report]]> India's Joint Panel on Data Protection has Been Given an Extension to Submit its Current Report

    The Indian Joint Parliamentary Committee on the Personal Data Protection Bill, 2019, received an extension followed by Lok Sabha's approval. The committee will be able to submit its report during the Parliament's Winter Session with the help of this funding.

    To this note, PP Chaudhary, the newly appointed Chairperson of the Joint Parliamentary Committee on the Personal Data Protection Bill, 2019, and Bhartruhari Mahtab, a Lok Sabha Member, presented the motion for an extension.

    In 2019, the Personal Data Protection Bill was first proposed in Parliament and then sent to a committee for modifications. Meenakshi Lekhi, a Member of Parliament, led the committee until she was sworn in as the new Minister of State for External Affairs and Culture as part of the Cabinet upheaval earlier this month.

    Finally, The Personal Data Protection Bill, 2019 can be noted as a major piece of legislation that aims to govern how personal data is processed, collected, and stored in India. Data localization, data portability, and the right to be forgotten are all included in the Act. Additionally, the bill also calls for the establishment of an Indian Data Protection Authority to oversee the use of personal data by businesses.

     

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    Thu, 29 Jul 2021 12:00:00 GMT
    <![CDATA[Surveillance is Found to be Unconstitutional Under EU Law by a UK panel]]> Surveillance is Found to be Unconstitutional Under EU Law by a UK panel

    Secret surveillance is incompatible with European Union (EU) legislation, according to the UK Investigatory Powers Tribunal (IPT). For being incompatible with EU human rights standards, Privacy International (PI) challenged the UK bulk communications system, especially section 94 of the Telecommunications Act, which has since been abolished by the Investigatory Powers Act.

    This decision declares decades of secret data collected by the UK's Security and Intelligence Agencies (SIAs) as illegal, particularly GCHQ, MI5, and MI6. Moreover, all three UK SIAs were discovered to be illegally keeping PI's data during the proceedings. After the European Court of Justice's judgement in 2020, this decision was made.

    In that case, the court determined that the UK government's extensive data retention and collecting activities for national security purposes must adhere to the same privacy standards established under EU legislation. This IPT judgment is regarded as a watershed moment in the history of bulk communications data litigation.

    Conclusively, the PI has requested that the IPT revisit the case if new information is discovered. These new revelations imply that MI5 has been violating statutory and non-statutory bulk data processing regulations since at least 2014. In addition, the PI is requesting that the dissenting IPT court opinions from "closed" be made public, since they have not been accessible for scrutiny.

     

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    Tue, 27 Jul 2021 12:00:00 GMT
    <![CDATA[Terrorism Charges have been Levelled Against a Tanzanian Opposition Leader]]> Terrorism Charges have been Levelled Against a Tanzanian Opposition Leader

    On Monday, Freeman Mbowe, a Tanzanian opposition leader, was charged with terrorism. On July 21, Mbowe and ten other Chama Cha Demokrasia Na Maedeleo (Chadema) officials were detained. Chadema claimed Mbowe was charged with terrorism before a magistrate court in Kitsutu, according to a statement released by journalist Samira Sawlani on Monday.

    Conclusively, a family member allegedly paid a visit to Mbowe while he was in jail, according to the party. Mbowe informed police that he was sick and needed medical help. Government authorities, according to Amnesty International, have prohibited all gatherings save funerals and religious meetings. Mbowe and his colleagues were intended to attend a Chadema-organized convention to demand a new Tanzanian constitution before their detention.

     

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    Sun, 25 Jul 2021 12:00:00 GMT
    <![CDATA[The Sierra Leonean Parliament Has Drafted a Law Repealing the Death Penalty]]> The Sierra Leonean Parliament Has Drafted a Law Repealing the Death Penalty

    Sierra Leone's parliament passed a measure eliminating the death penalty on Friday. If given presidential approval, the west African country will become the continent's 23rd country to abolish the death penalty. Murder, treason, mutiny, and aggravated robbery are all punishable by death under the country's judicial system.

    In addition, the country's Criminal Procedure Act mandates that the sentence be carried out by hanging by the neck or firing squad in the case of a court martial. Moreover, since the horrific execution of 24 soldiers for treason in 1998, the government has placed a moratorium on executions. Despite this, the death penalty has remained in effect since then, with 99 individuals on execution row as of June 2020. Execution penalty opponents have lamented the suffering that comes with being on death row.

    Conclusively, The International Covenant on Civil and Political Rights (ICCPR) has Sierra Leone as a signatory. The second optional protocol on the abolition of the death penalty, however, has yet to be signed. The country is on its way to joining the increasing list of African countries that have abolished the death penalty.

     

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    Wed, 21 Jul 2021 12:00:00 GMT
    <![CDATA[The European Commission Has Proposed a New Anti-Money Laundering Agency Under Its Reformatory Agenda]]> The European Commission Has Proposed a New Anti-Money Laundering Agency Under Its Reformatory Agenda

    The European Commission unveiled a set of legislative measures on Tuesday aimed at combating money laundering and terrorism funding in the EU. A proposal to form a new anti-money laundering watchdog was included in the package.

    Under the agency, there are four key areas that are sought to be met. The first is a rule creating a new European Union anti-money laundering agency. Second, a rule aimed at preventing the use of the financial system for money laundering or terrorist funding. Likewise, a sixth directive on the procedures that Member States must put in place to achieve the second proposal, as well as a modification of the 2015 rule on information accompanying money and certain crypto-asset transactions, are also included.

    The new Anti-Money Laundering Authority (AMLA) will be charged with encouraging collaboration among the various member nations' financial intelligence units (FIUs). The AMLA will act as the EU's central authority, coordinating national authorities in member states to guarantee that EU regulations are applied correctly and consistently.

    In addition, the AMLA will act as a hovering watchdog over the more vulnerable financial institutions operating in a significant number of Member States, or it will require prompt action to address pressing concerns. It will also keep track of and coordinate national supervisors overseeing other financial firms, as well as supervisors overseeing non-financial companies.

    Conclusively, a single EU rulebook for anti-money laundering and counter-terrorist financing (CFT); full application of anti-money laundering and CFT rules to the cryptocurrency sector; an EU-wide limit of €10,000 on large cash payments; and directives on cooperating with non-EU countries to combat global anti-money laundering are among the other provisions in the proposals.

     

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    Sun, 18 Jul 2021 12:00:00 GMT
    <![CDATA[Bill Limit Presidential Candidate Eligibility Requirements-Congo]]> Legislators in Congo Have Introduced a Bill to Limit Presidential Candidate Eligibility Requirements

    Lawmakers in the Democratic Republic of Congo (DRC) presented a measure on Thursday that aims to restrict presidential contenders' eligibility requirements. The bill's main proponent is Noel Tshiani, a close supporter of President Felix Tshisekedi who wants to severely limit the criteria for presidential candidacy.

    The need that a presidential candidate be a citizen whose parents are both Congolese nationals is one of the most important requirements. The primary justification given by the bill's sponsors is the necessity to protect the country's sovereignty and avoid outside influence and intervention.

    The move has been attacked by opponents of the law, who argue that it disenfranchises Congolese citizens with foreign parents.

    In particular, the DRC legislature has pledged to follow international human rights treaties in its constitutional preamble. The International Covenant on Civil and Political Rights is ratified by the country. Article 25 underlines that everyone has the right to vote or be elected by universal suffrage to participate in the administration of public affairs. The law, which is expected to have an impact on the dynamics of the general elections in 2023, is scheduled to be considered in the next weeks.

     

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    Wed, 14 Jul 2021 00:00:00 GMT
    <![CDATA[A Court in Australia Has Ruled that the Environment-Minister is Responsible to Protect the Environment from Carbon Dioxide Emissions]]> A Court in Australia Has Ruled that the Environment-Minister is Responsible to Protect the Environment from Carbon Dioxide Emissions

    When it comes to judgments on projects that would emit greenhouse gases, the Australian Federal Court decided Thursday that the environment minister owes a duty of care to those under the age of 18. (GHG). Eight students and a nun launched the lawsuit to block a coal mine development in New South Wales.

    The kids asked for a court order to put a halt to the endeavour. The court had previously denied the injunction, but in its most recent ruling on the case, the court determined that the minister has a duty to take reasonable precautions to avoid causing personal injury or death to persons under the age of 18 because of carbon dioxide emissions into the atmosphere.

    To this note, the environment minister indicated that the government would appeal the verdict, claiming that there were reasons for doing so. Finally, the court's decision might have ramifications across a wide range of sectors, as the duty of care relates to carbon dioxide emissions into the atmosphere, and therefore could apply to any project with large CO2 emissions.

     

     

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    Sun, 11 Jul 2021 12:00:00 GMT
    <![CDATA[The United States Has Imposed Trade Restrictions on 14 Chinese Businesses as a Result of their Activities in Xinjiang]]> The United States Has Imposed Trade Restrictions on 14 Chinese Businesses as a Result of their Activities in Xinjiang

    Concerns over global human rights prompted the US Department of Commerce to add 34 companies to its Entity List on Friday. 14 of the 34 companies were singled out as potentially committing human rights violations in Xinjiang.

    Unlike the Specially Designated Nationals (SDN) list maintained by the Department of Treasury, being on the Department of Commerce's Entity List does not imply a complete ban on conducting business with US citizens. Persons on the entity list, on the other hand, are not allowed to buy or sell products that are subject to the Export Administration Regulations (EAR).

    In 2019, Huawei, a Chinese telecommunications firm, was added to this list, prompting the business to stockpile two years' worth of EAR-covered items, including as computer chips and telecoms equipment.

    Products under the Export Administration Regulations usually concern national security concerns and include products that may be used in the fabrication of nuclear bombs, but they have also grown to encompass other grounds, such as potential human rights violations.

    Although this classification does not totally prohibit US citizens from interacting with designated companies, any EAR-covered products that are exported in the future will require a license from the Department of Commerce's Bureau of Industry and Security.

    More specifically, The China Academy of Electronics and Information Technology, Suzhou Keda Technology Co, Xinjiang Lianhai Chuangzhi Information Technology Co, Shenzhen Cobber Information Technology Co, Xinjiang Sailing Information Technology, and Beijing Geling Shentong Information Technology have all been added to the entity list.

     

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    Tue, 06 Jul 2021 12:00:00 GMT
    <![CDATA[Sudan Militia Leader on Trial after ICC Places Charges]]> Sudan Militia Leader on Trial after ICC Places Charges

    The International Criminal Court's (ICC) Pre-Trial Chamber II overwhelmingly confirmed all allegations against Sudanese militia leader Ali Muhammad Ali Abd-Al-Rahman on Friday. As a result, Abd-Al-Rahman, also known as Ali Kushayb, was ordered to stand trial in front of a trial chamber.

    Abd-Al-Rahman is a key commander of the Janjaweed militia and one of the tribal hierarchy's most senior commanders in the Wadi Salih area. He is a member of the People's Defence Forces as well (PDF). He is accused of leading pro-government efforts that resulted in the displacement of 40,000 people and the death of 300 civilians by opposing Sudanese rebel organizations.

    Even though the arrest warrant specifies 53 charges of war crimes and crimes against humanity, the court established strong evidence that Abd-Al-Rahman is guilty for 31 counts of war crimes and crimes against humanity committed in Darfur, Sudan, between August 2003 and April 2004.

    The following charges have been levelled against Abd-Al-Rahman: deliberately directing attacks against civilians as a war crime; murder as a crime against humanity and a war crime; pillaging as a war crime; destruction of an adversary's property as a war crime; other inhumane acts as a crime against humanity; outrages against personal dignity as a war crime; rape as a crime against humanity.

    Finally, it is noteworthy that Abd-Al-Rahman has been in the custody of the International Criminal Court (ICC) since June 2020, when he voluntarily surrendered in the Central African Republic. He made his first appearance before the ICC not long after. The confirmation hearing for the charges was held in May 2021 in front of the court. Only the court's decision can be appealed with the approval of the court.

     

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    Sun, 04 Jul 2021 12:00:00 GMT
    <![CDATA[Georgia is Being Sued by the US Department of Justice over a New Voting Legislation]]> Georgia is Being Sued by the US Department of Justice over a New Voting Legislation

    The United States Department of Justice (DOJ) filed a new lawsuit against Georgia on Friday, saying that the state's new voting legislation violates Section 2 of the Voting Rights Act. Georgia's new voting legislation, which went into effect in March 2021, limits voting in several ways.

    The bill makes it more difficult for people to get an absentee ballot, gives the legislature more authority over the election commission, and decreases absentee ballot drop boxes. It is worth noting that the measure makes it illegal to give food or drink to those who are standing in line to vote.

    Voting methods or processes that discriminate based on race, colour, or membership in a linguistic minority group are prohibited under Section 2 of the Voting Rights Act. The Department of Justice claims that Georgia's new limitations are discriminatory since they were enacted in response to an increase in the use of absentee votes by Black Georgians. To seek an absentee ballot, Georgians must additionally present identity, which Black Georgians disproportionately lack.

    This measure was approved by Georgia's Republican governor and legislature following Democratic Senators' and President Biden's shock victories. According to the DOJ lawsuit, Georgia's Black electorate largely supported these politicians.

    The Department of Justice can seek remedies under the Voting Rights Act to limit the law's implementation. Moreover, if the law is found to be unconstitutional, the DOJ can seek a declaration that it is unconstitutional, an injunction prohibiting enforcement of the law, the appointment of federal observers in Georgia to ensure ballot access, and the preclearance requirement of Section 5 of the Voting Rights Act to apply to future Georgia voting changes.

     

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    Mon, 28 Jun 2021 12:00:00 GMT
    <![CDATA[Derek Chauvin has been Sentenced to 22.5 years in Prison for the Killing of George Floyd by a Minnesota Judge]]> Derek Chauvin has been Sentenced to 22.5 years in Prison for the Killing of George Floyd by a Minnesota Judge

    Derek Chauvin was sentenced to 22.5 years in prison by Hennepin County Judge Peter Cahill on Friday for the murder of George Floyd in 2020. In April 2021, the former Minneapolis cop was found guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter.

    Prosecutors successfully claimed that owing to multiple aggravating elements, a heavier sentence was required. As a result, the decision was a ten-year increase beyond the suggested second-degree murder sentence guideline.

    Only a few brief comments were made before the punishment was announced. I want to express my heartfelt condolences to all of the families, particularly the Floyd family. It was also noted that his choice was not based on emotion or pity. Victim impact statements were given by members of Floyd's family, including his seven-year-old daughter Gianna.

    Chauvin spoke before the court briefly, stating that he could not say much more because of other legal concerns. "Very briefly," he said, "I want to express my sympathies to the Floyd family; there will be some further information in the future that will be of interest, and I hope certain things will provide you with some peace of mind."

    Prosecutors asked for a maximum penalty of 30 years, but Chauvin's lawyer, Eric Nelson, asked for a probationary term and a fresh trial. Hours before the planned sentence, this motion was denied. Chauvin may spend the final one-third of his term on permitted release under Minnesota's "Good Time" legislation.

     

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    Sun, 27 Jun 2021 12:00:00 GMT
    <![CDATA[Child Slavery Lawsuits Against Nestlé and Cargill Have Been Dismissed by the US Supreme Court]]> Child Slavery Lawsuits Against Nestlé and Cargill Have Been Dismissed by the US Supreme Court

    The US Supreme Court overturned a decision that enabled numerous individuals to sue food giants Nestlé USA and Cargill for alleged child enslavement, restricting corporate responsibility under the Alien Tort Statute.

    More specifically, in Nestlé USA, Inc. v. Doe I, which was combined with Cargill, Inc. v. Doe I, was decided by the Supreme Court. The anonymous plaintiffs in these instances claimed that Nestlé and Cargill were involved in the exploitation of child slave labour on Ivory Coast cocoa fields.

    Even though Nestlé and Cargill did not control the farms, they supplied them with significant resources, including training, tools, and cash. The two businesses were given exclusive rights to acquire cocoa from the plantations in exchange for this. In an 8-1 judgment, the Supreme Court ruled Nestlé and Cargill not responsible for human rights violations on the farm.

    The unidentified plaintiffs filed their lawsuits under the Alien Tort Statute. Foreign nationals can sue in US courts for human rights violations committed abroad under the Alien Tort Statute.

    The purpose of this law, according to the Supreme Court in Jesner v. Arab Bank, was to "promote harmony in international relations by ensuring foreign plaintiffs a remedy for international-law violations in circumstances where the lack of such a remedy might provoke foreign nations to hold the United States accountable."

    To decide that US law should be applied extraterritorially under the Alien Tort Legislation, the Supreme Court must establish that the statute expressly authorizes such application and that conduct occurred within the United States. Only broad corporate decision-making, according to the plaintiffs, took place in the United States in this case.

    As a result, the Supreme Court determined that applying the Alien Tort Statute to Nestlé and Cargill's alleged behaviour in this case would be an unconstitutional, extraterritorial application.

    Justice Thomas, supported by Justices Gorsuch and Kavanaugh, argued that the statute's permissible uses of extraterritoriality should be limited to those that would have been recognized in the eighteenth century. Five of the remaining members of the court agreed on the case's outcome, but the court could not reach a consensus on whether the statute's causes of action should be limited.

    Moreover, this case will prohibit future human rights violations against companies in which defendants may simply claim that "wide corporate decision making" happened in the United States.

     

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    Thu, 24 Jun 2021 12:00:00 GMT
    <![CDATA[Dubai Economy has Extended the Deadline for Providing 'Beneficial Owner' Data to June 30]]> Dubai Economy has Extended the Deadline for Providing 'Beneficial Owner' Data to June 30

    Dubai Economy stated that the deadline for all registered firms in Dubai to update their Beneficial Owner data to the commercial registration has been extended until June 30, 2021. Dubai Economy also advised firms to provide Beneficial Owner data by the revised date, as required by UAE Cabinet Decision No. (58) of 2020, to avoid legal ramifications.

    As part of strengthening corporate compliance in the UAE in line with worldwide best practices, Cabinet Decision No. (58) of 2020 mandates all registered firms in the UAE to identify the name and submit data of their Beneficial Owner to be listed in the commercial registry.

    To this note, name, nationality, gender, passport number, residential address, and cell phone number are all essential data for the Beneficial Owner. Regardless of their type (e.g., commercial, professional, or industrial), or legal form, all registered firms in Dubai must record their Beneficial Owner data.

    Similarly, customers may use the Add / Modify the Beneficial Owner option by login into the Dubai Economy e-Services website. After that, the buyer will be sent to another screen where they will provide the Beneficial Owner information.

    Moreover, before a payment voucher for a company registration or licensing transaction is given, each client conducting a transaction at Dubai Economy is automatically notified by text message of the Beneficial Owner data.

    After that, the client may enter the Beneficial Owner info by clicking the link supplied in the SMS message. Business owners who send a text message to the number '6969' to request Auto Renewal of their licenses also get a link to the Beneficial Owner registration.

     

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    Tue, 22 Jun 2021 12:00:00 GMT
    <![CDATA[Beginning July 5, Canada will Relax Travel Restrictions]]> Beginning July 5, Canada will Relax Travel Restrictions

    As a result of the successful deployment of COVID-19 vaccines across Canadian provinces, Canada announced the first phase of lifting border restrictions on Monday. Travelers who are completely vaccinated and qualified will no longer be required to quarantine at a government-designated hotel as of July 5.

    However, only Canadian citizens, permanent residents, and individuals covered by the Indian Act are currently permitted to travel. The limitations on citizens of other countries, including the United States, have been extended until July 21, except for non-essential travel. Only four Canadian airports permit foreign flights at the moment: Montréal-Trudeau, Toronto-Pearson, and Calgary.

    These cuts come after Canada met its immunization objectives, with 75 percent of Canadians receiving a partial vaccine. Travelers who provides fake vaccination information, on the other hand, face severe consequences.

    Similarly, under the Quarantine Act, a person who provides false information about vaccination status might face a fine of up to $750,000 or six months in prison, or both, as well as criminal prosecution under the Criminal Code for forgery.

     

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    Mon, 21 Jun 2021 12:00:00 GMT
    <![CDATA[Greece has adopted the contentious new Labor Legislation]]> Greece has adopted the contentious new Labor Legislation

    Greek parliament have adopted a labor reform measure that has stirred debate and resulted in protests from labor organizations around the country. Workers will be able to choose between working longer hours in return for time off under the terms of the proposed legislation, which is intended to boost productivity in the Greek economy.

    The main provisions of the law include the introduction of a new digital ID card, the establishment of a new independent body as labor inspectorate, the provision of a 14-day paid parental leave for new fathers, the determination of working hours on the basis of an employee's request, new measures to increase transparency between trade unions and employers, and the termination of employment that has been deemed illegal by the courts.

    It also intends to distance trade unions from party allegiances and employers, establish new methods to deal with sexual harassment in the workplace, and create a platform for the defense of trade union rights, among other things. The most contentious aspect of the bill is that it defines which branches of employment would be permitted to function on Sundays. Finally, online workers will be given the option to disconnect as soon as the working day comes to an end, unless an alternative arrangement is made.

    According to Kyriakos Mitsotakis, the centre-right Prime Minister, the law would establish the groundwork for more openness between employers and employees, as well as the ability for the means of production to decide the conditions for their effective collaboration. Furthermore, the introduction of a new digital working card will put a stop to unpaid overtime and undocumented labor, as well as sexist aggression and sexual harassment in the workplace, among other things.

    All other legislative parties have expressed opposition to the law, with the head of the opposition, Alexis Tsipras, referring to the Prime Minister as the "archbishop of populism" in his statement. Labour unions and the eight-hour working day have been branded a "final blow" by Communist Party leader Dimitris Koutsioumpas, while the leader of the pan-European Democracy in Europe Movement (DiEM 25), Yanis Varoufakis, claims that his party is "wholeheartedly involved in the frontal conflict with those who decide to take legal action against strikes," a provision that can be found in the bill. Even the far-right party Greek Solution found itself in accord with its left- and far-left-leaning counterparts on issues such as the removal of the labor inspectorate and the rejection of the workers' "basic right" to strike, among other things.

    Despite opposition to the law from all parties save the ruling New Democracy, it was passed by a vote of 158 to 142, a situation that has been repeated many times before and was made possible by the parties' overwhelming majority in Parliament.

     

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    Sun, 20 Jun 2021 12:00:00 GMT
    <![CDATA[The Accused Killer of a Muslim family in Canada has been charged with terrorism]]> The Accused Killer of a Muslim family in canada has been charged with terrorism

    The alleged killer of a family of four Muslims, 20-year-old Nathaniel Veltman, is being charged with terrorism in addition to murder, according to the London Police Service. More specifically, the Afzaal family was slain on June 6 while strolling through their neighbourhood when Valtman reportedly hit them with his vehicle. The suspect was caught soon after the murder, and the police have reasonably confirmed that his motives were driven by islamophobia.

    Additionally, the suspect was charged with four charges of first-degree murder and one count of attempted murder by the London Police Service last week. It was also concluded that the suspect's crimes constituted terrorist activities, working with the RCMP, the Integrated National Security Enforcement Team (INSET), the Ministry of the Attorney General, and the Public Prosecution Service of Canada.

    The new terrorism charge is based on section 83.03(1)(b) of the Criminal Code of Canada, which defines terrorism as an act done "in whole or in part for a political, religious, or ideological purpose" that purposefully "causes death or grievous bodily harm," 

    Notably, only 55 charges had been made since terrorist offenses were added to the Code in 2001, according to a government study published in 2018. The high standard of proof has always discouraged the Crown from pursuing terrorist charges but increasing societal and political demands to hold racists accountable are putting Canada's terrorism laws to the test.

    The criterion that death be deliberate is removed for first-degree murder accusations when death happens in the process of committing or trying to commit terrorist acts, according to section 231 (6.01) of the Code. Moreover, Veltman's acts must still be proven to be planned and purposeful, according to the Crown. "The law based on jurisprudence, accessible evidence, the possibility of conviction, and the public interest" are all factors that go into deciding whether these charges will be prosecuted.

    Conclusively, it is notable that this trial, as well as any future appeals, will take years to complete, but it has the potential to be a watershed moment in Canadian criminal justice.

     

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    Thu, 17 Jun 2021 12:00:00 GMT
    <![CDATA[Twitter loses legal shield in India for 3rd-party content]]> Twitter loses Legal Shield in India for 3rd-party Content

    Due to the company's failure to appoint statutory officers on the company's role under the new IT rules, Twitter has lost its coveted "safe harbour" immunity in India, and its top executives, including the country managing director, could now face police questioning and criminal liability under the Indian Penal Code (IPC) for any "unlawful" and "inflammatory" content posted on the platform by any user.

    On June 5, the Indian government issued Twitter "one final notice" to comply with the country's new information technology regulations, failing which the company will lose its legal immunity from third-party content uploaded on its platform in the future. In addition to Facebook and Instagram, Google and WhatsApp have all complied with the government's new guidelines and are now safe from lawsuits.

    As a result, Twitter becomes the only American platform to have lost the protective shield – provided under Section 79 of the Information Technology Act – while others, such as Google, YouTube, Facebook, WhatsApp, and Instagram, continue to enjoy the protection of the law.

    However, despite our repeated forbearance, including a time extension, the firm has failed to comply with the new IT Rules. In doing so, Twitter has lost its safe harbour protection and is now subject to civil and criminal liability under the IPC for any unlawful content posted by third parties.

     

     

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    Wed, 16 Jun 2021 12:00:00 GMT
    <![CDATA[New Digital Platform "Dubai Raffles" will regulate Lotties in Dubai]]> New Digital Platform "Dubai Raffles" will regulate Lotties in Dubai

    Dubai Economy has announced the introduction of 'Dubai Raffles,' a unique and integrated digital platform that will be used to administer raffle drawings and other promotions across the emirate, including Scratch & Win campaigns. 

    The platform has all of the necessary tools and features to allow draws to be supervised, managed, and conducted electronically without the use of paper coupons or contact, and it complements the emirate's smart transformation and the Dubai Paperless Strategy, as well as the precautionary measures in place against COVID-19. Businesses, particularly retailers, benefit from the digital platform since they can run raffles 24 hours a day, seven days a week without having to create their systems or print paper coupons.

    "Dubai Economy, via its Commercial Compliance & Consumer Protection (CCCP) sector, is continuously trying to foster cordial relations and mutual trust between merchants and consumers," stated Sami Al Qamzi, Director General of Dubai Economy. The 'Dubai Raffles' platform is a value-added solution that will make doing business even easier and help shops grow their businesses. The platform provides businesses of all sizes with a digital and cost-effective way to advertise their products and services through promotional campaigns and events."

    "The platform will also enhance consumer confidence and the credibility of promotions conducted in Dubai as it provides a transparent and convenient window for the public to participate in raffle draws and similar campaigns," stated  Mohammed Ali Rashed Lootah, CEO of Dubai Economy's Commercial Compliance & Consumer Protection (CCCP) Sector.

    Consumers can access the official https://dubairaffles.dubaided.gov.ae or download the Dubai Raffles smart application from the Apple Store or Google Play to view all of the promotional draws they have entered, as well as the number of coupons purchased, prizes, draw dates, how to claim prizes, and terms and conditions relating to the raffles and consumer rights protection.

    On Dubai Raffles, merchants can manage promotional raffles and Scratch & Win through a dashboard where they can create the campaign, assign tasks to employees, electronically distribute coupons to consumers, determine the mechanism for coupon distribution and prize allocation, and set the draw date, in addition to conducting the actual raffle and electronically announcing the winners. Merchants may also use the 'Dubai Raffles' screen or social media to display the countdown and winning announcements.

    Consumers are notified of the number of coupons they are entitled to in each campaign, as well as the winners of the prizes. The software also saves time and effort by automating all associated information and procedures, removing the requirement for a Dubai Economy inspector to be present at the spot to supervise raffle drawings. The Dubai Economy, on the other hand, did not clarify whether all raffle draw organizers must register with the platform or not.

     

     

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    Mon, 14 Jun 2021 12:00:00 GMT
    <![CDATA[Mandatory listing of shares of Joint Stock Companies on the Securities Exchanges in the Emirate of Dubai]]> Mandatory listing of shares of Joint Stock Companies on the Securities Exchanges in the Emirate of Dubai

    In his capacity as Ruler of Dubai, Vice President and Prime Minister of the UAE His Highness Sheikh Mohammed bin Rashid Al Maktoum issued Decree No. (3) of 2021 (the New Decree) about the listing of joint-stock companies in securities exchanges in Dubai to encourage Dubai businesses to list on Dubai's securities exchanges to boost its capital markets by enhancing liquidity and investor choice.

    According to the Decree, all local public joint-stock companies established in Dubai, including those established in special economic zones or free zones such as the Dubai International Financial Centre (DIFC), should list their stocks on local securities exchanges such as the Dubai Financial Market (DFM) and Nasdaq Dubai, subject to current federal regulations.

    After confirming compliance with local listing rules and laws, licensed private joint-stock firms can go public on local stock exchanges. Companies that are listed in local markets might also be listed in other markets as secondary listings.

    According to the laws and regulations of the local securities exchange, foreign businesses formed and licensed outside the nation with branches, assets, and operations in Dubai can list their shares in local markets as a main or secondary listing. Non-local firms must list their stocks on local markets if their annual earnings or revenues from operations in Dubai account for 50% or more of their total annual profits or revenues, or if their total assets owned in Dubai account for 50% or more of their total assets, according to the Decree. Within a year after attaining this %, the listing should be finished.

    Non-local firms whose income or assets do not meet the necessary proportion can nevertheless list their shares on local exchanges, provided they follow local rules and regulations. Foreign corporations can also offer their stock on local stock exchanges, either as a primary or secondary listing.

    The Decree also defines the roles and duties of licensing agencies, such as Dubai Economy, authorities in charge of special economic zones or free zones, such as DIFC, and local securities exchanges, such as DFM and Nasdaq Dubai. Their tasks include monitoring local and non-local firms' compliance with the Decree's regulations, as well as taking action against offenders, which may include the revocation of registration and license until modifications are made to satisfy the Decree's criteria.

    Within a year of the Decree's issue, all firms that are subject to it should change their status. The deadline can be extended by the same amount of time as needed by licensing authorities. The Decree goes into force on the day it is published in the Official Gazette.

    Who does the New Decree apply to?

    The New Decree establishes three distinct kinds of businesses, each with its own set of legislative requirements:

  • Local Companies ; Public Joint-stock companies incorporated in the Emirate of Dubai and its free zones.
  • Non-local Companies; Public joint-stock companies incorporated outside of the Emirate of Dubai but within the United Arab Emirates (UAE), with branches, assets, or activities in the Emirate of Dubai.
  • Foreign Companies; International firms having branches, assets, or activities in the Emirate of Dubai that was formed and licensed outside of the UAE.
  • What are the new requirements?

  • Local Companies
  • Article 2(a) requires all Local Companies to list their shares on the Local Markets if they meet the listing conditions set out in applicable Federal legislation. Existing Local Companies that have not yet been listed on the Local Markets shall do so within one year after the New Decree unless the appropriate Licensing Authority grants an extension under Article 7. Furthermore, before completing their listing on the Local Markets, Local Companies may not list their shares on financial markets outside of the Emirate of Dubai (a dual listing). This means that all current and prospective Local Businesses must be listed on a Local Exchange.

  • Non-local Companies
  • All Non-Local Companies must list their shares on the Local Markets provided if;

  • 50% of their yearly earnings or financial returns are derived from carrying out operations in the Emirate of Dubai; or 
  • 50% of their assets are situated in the Emirate of Dubai under Article 3(a). 
  • The required listing must be completed by January 25, 2022, unless the Dubai Economic Department or the relevant free zone regulator of Licensing Authority grant an extension under Article 7. Non-Local Companies who violate either of the aforementioned standards are allowed a one-year grace period to complete their required listing. If the relevant Non-local Company falls below the violating level within the one-year grace period, it will be interesting to see if the required listing procedure is suspended.

    It should be emphasized that Article 2(b) of the New Decree guarantees that private joint-stock firms licensed by a Licensing Authority are subject to mandatory listing rules, requiring them to list on the Local Markets if they choose to do so. Private joint-stock businesses would have to choose between listing on the DFM's Second Market or converting to a public joint-stock company and listing on the DFM's main list.

    What is the real impact on the companies?

  • Local Companies - There are unlikely to be any current Dubai-based PJSCs that aren't already listed on the local markets, thus this will have a minimal immediate impact on current Local Companies. Future Local Companies who seek to list must do so on the Local Markets first. The requirements do not apply to Dubai Limited Liability Companies (LLCs), which could still list on other international exchanges, as is frequently the case when a foreign holding company is established as the listing vehicle and owner of the LLC. Foreign Companies are also not required to list on the Local Markets.
  • Non-local Companies - It will be interesting to see how many Non-local Companies this will affect, given that PJSCs established in Abu Dhabi will most likely be listed on the Abu Dhabi Securities Exchange, and Non-local Companies in other Emirates will either be listed on the DFM or will not trigger either of the percentage tests.
  • Foreign Companies - They have the option, but not the obligation, to list on the Local Markets, which is important for companies that have done initial public offerings (IPOs) outside the UAE, such as Network International (a UK public limited company listed on the London Stock Exchange) and Yalla Group Limited (a Cayman company listed on the New York Stock Exchange), which are encouraged, but not required, to do so.
  • The New Decree provides considerable freedom for Dubai firms, and market conditions are likely to be accommodated once the terms of the New Decree are implemented. There are still listing alternatives for Dubai firms that are international corporations, but the New Decree makes it plain that Dubai enterprises who want to list should do so on the local stock markets. This is under the government's long-term strategic goals to build and promote local capital markets.

    Are Foreign Companies subject to a mandatory listing requirement?

    No, the New Decree expressly states that foreign companies may freely list their shares on local markets as a main or dual listing, subject to the eligibility for listing requirements of the local market. This implies that foreign companies can choose to list on local markets, rather than being forced to do so.

     

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    Sun, 13 Jun 2021 12:00:00 GMT
    <![CDATA[The UAE is ranked among the top 20 nations in 13 transportation indexes in 2020]]> The UAE is ranked among the top 20 nations in 13 transportation indexes in 2020

    The UAE has been classified among the top 20 nations in the world in 13 indexes connected to transportation by five organizations that specialize in assessing global competitiveness, adding to the UAE's track record in this area.

    The United Arab Emirates has been working tirelessly to promote sustainable growth while simultaneously protecting the environment.The UAE Vision 2021 includes instructions that emphasize the importance of infrastructure in order to position the UAE as a world leader in the transportation industry, particularly in terms of airports, ports, and road quality.

    The World Economic Forum (WEF), the World Bank, the Legatum Institute, the Bertelsmann Stiftung Foundation, and the International Institute for Management Development all ranked the UAE among the world's leading countries in the transportation sector, according to a report by the Federal Competitiveness and Statistics Centre (IMD).

    In IMD's World Competitiveness Yearbook 2020, the UAE rated second in the quality of air transportation index, while the World Bank's Logistics Performance Index put the UAE fourth in the timeliness index, fifth in the international shipments index, and 14th in tracking and tracing index.

    In the WEF's Travel and Tourism Competitiveness Report, the UAE ranked sixth in the world in terms of satisfaction with public transportation, seventh in terms of air transport infrastructure quality, and 15th in terms of land transportation efficiency, according to the Legatum Institute's Prosperity Index.

    The UAE was placed 12th in the world in the efficiency of seaport services index by the Global Competitiveness Index 4.0, and 11th in the same area by the Prosperity Index. In the Global Competitiveness Report, the UAE was placed 13th in the liner shipping connectivity index and 14th in the Prosperity Index.

     

     

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    Tue, 08 Jun 2021 12:00:00 GMT
    <![CDATA[The G7 countries have agreed to endorse a worldwide corporate minimum tax]]> The G7 countries have agreed to endorse a worldwide corporate minimum tax

    The G7 countries declared that they had reached an agreement to impose a worldwide tax rate of 15% on major multinational firms. Finance ministers from the United States, the United Kingdom, Canada, France, Japan, Germany, and Italy convened in London to examine the long-debated issue of global taxes.

    As part of the agreement, the United States committed to reducing its taxes on foreign company activity. The United States has imposed levies on the activity of internet corporations in European countries. European governments have been constrained in their taxation of some of these corporations under present tax regimes, and have criticized it as unjust that such corporations have been allowed to collect money in their countries without being taxed.

    Tariffs on various nations for new digital services taxes were recently levied and then promptly cancelled by the United States. In retaliation for their digital services taxes, US Trade Representative Katherine Tai announced fresh duties on Austria, the United Kingdom, India, Italy, Spain, and Turkey.

    The G7 accord could aid in the resolution of trade disputes arising from disagreements about how to tax internet businesses and other multinational corporations that have hitherto been able to benefit from low worldwide tax rates.

    This agreement excludes well-known corporate tax havens such as Ireland. Ireland's finance minister declared that the country's corporation tax rate of 12.5 per cent will be maintained for the foreseeable future.

     

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    Mon, 07 Jun 2021 12:00:00 GMT
    <![CDATA[The Pope changes the Catholic Church Legal Code laws to Criminalize Sexual Abuse for Adults]]> The Pope changes the Catholic Church Legal Code laws to Criminalize Sexual Abuse for Adults

    The Vatican modified the criminal portion of its Code of Canon Law on 01 June 2021, amending Church law to make the sexual abuse of adults by priests a crime that applies to priests no matter their position of power. Since church officeholders can also be penalized for sex offences, laypersons in that position must also be careful.

    The Canon Law governs the 1.3 billion-member Catholic Church. This is outside of traditional law, and the most up-to-date version was last revised in 1983. Developing the improvements that were implemented on Tuesday has taken 11 years.

    To decrease the number of criminal crimes that are sanctioned for the first time in the Code of Canon Law, the update adds new penalties to the Code of Canon Law. According to the legislation, both adults and minors can be sexually assaulted by priests in a variety of different ways, such as by using force, making threats, or gaining sexual favours through their influence. Individual laypersons working inside the church may likewise be held accountable for sexual misbehaviour.

    Pope Francis recognized that "rapid societal developments" necessitated revising the criminal code because he felt there was a "clear necessity" for it. He wrote in regards to criminal law: "Indeed, it is love that commands that shepherds administer the penal system whenever required, carrying out the three functions that need its use, which is to restore justice, correct offenders, and put a stop to the irritation that others might cause."

     

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    Thu, 03 Jun 2021 12:00:00 GMT
    <![CDATA[The Trump Administration's Policy of Forcing Asylum Applicants to Wait in Mexico has been Officially Repealed by the Biden Administration]]> The Trump Administration's Policy of Forcing Asylum Applicants to Wait in Mexico has been Officially Repealed by the Biden Administration

    The Biden administration formally terminated a Trump administration policy that had compelled 68,000 asylum claimants to wait in Mexico before their immigration court appearances in the United States.

    Individuals entering or seeking admission into the United States from Mexico may be returned to Mexico and forced to stay there while their immigration procedures under the Migrant Protection Protocols Program, which is expected to begin in 2019.

    The program had been challenged in court, and the Supreme Court was set to hear oral arguments on the issue. Due to the program's termination in January, the Biden administration requested that the arguments be cancelled, and the Supreme Court pulled the cases from its docket.

    In January, then-Acting Secretary David Pekoske put the initiative on hold. On February 2, President Joe Biden signed Executive Order 14010, instructing the Department of Homeland Security to evaluate the program and explore a "phased plan for the safe and orderly admission" of asylum seekers who had been forced to wait in Mexico into the United States.

    Additionally, Secretary of Homeland Security Alejandro Mayorkas released a document formally terminating the Migrant Protection Protocols Program. Mayorkas noted that the initiative had "mixed efficacy in accomplishing some of its major aims and that the initiative faced considerable challenges" when it was terminated.

    It did not, however, "adequately or sustainably improve border management in such a way as to justify the program's considerable operational costs and other deficiencies." As a result, he authorized DHS staff to take immediate action to discontinue the program while continuing to engage in the existing phased plan for the entrance of those who were enrolled in it.

     

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    Tue, 01 Jun 2021 12:00:00 GMT
    <![CDATA[The Indian Supreme Court Reiterates the Need to Limit Sedition Laws]]> The Indian Supreme Court Reiterates the Need to Limit Sedition Laws

    The Supreme Court raised the issue of the use of sedition legislation twice in one day, emphasizing the necessity to look at how the provision is applied to the media. A top court panel led by Justice DY Chandrachud stated that it is time to establish limitations on sedition while hearing petitions from two Andhra Pradesh-based news television companies.

    After a FIR was filed against them under different articles of the Indian Penal Code, including section 124A, which deals with sedition, the television networks went to the Supreme Court. For the time being, the Supreme Court has blocked any coercive action against the two networks.

    Earlier in the day, the same bench addressed a news video circulating on social media showing bodies of alleged Covid-19 victims being dumped into a river while hearing a case suo motu on vital supplies during the epidemic.

    The bench expressed its hope that the news outlet had not previously been charged with sedition. The court then clarified that the remark was made in light of the Andhra Pradesh case, which is set to be heard after the Covid-19 pandemic.

    The recent application of India's colonial-era sedition statute by authorities, government, and police to stifle opposition has sparked public controversy. Some legal experts, including retired Supreme Court judges, have advocated for it to be overturned.

    Two journalists have challenged the constitutional legitimacy of a 1962 verdict that affirmed the sedition law's constitutionality in a separate case before the Supreme Court. The petition claims that the clause is no longer valid, especially in light of recent worldwide developments in the field of sedition legislation.

     

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    Mon, 31 May 2021 12:00:00 GMT
    <![CDATA[UAE to be the first country to authorize COVID-19 medication approved by the FDA for emergency use]]> UAE to be the first country to authorize COVID-19 medication approved by the FDA for emergency use

    On May 29th, 2021, The Ministry of Health and Prevention (MoHAP) has approved the emergency use of a highly effective new treatment for COVID-19, making UAE the first country in the world to do so after the US Food and Drug Administration (FDA) granted the antibody treatment emergency use authorization. When provided to patients as early therapy for COVID-19, the innovative therapy "Sotrovimab (Vir-7831)" from global leader healthcare company GSK has the potential to reduce hospitalization for more than 24 hours and mortality by up to 85 per cent.

    The UAE has approved the use of Sotrovimab, a monoclonal antibody, for the treatment of mild to moderate COVID-19 illness in patients aged 12 and above who are at risk of hospitalization or death. Sotrovimab is effective as a monotherapy against extensively circulating disease variants in preclinical tests.

    Dr Abdul Rahman bin Mohammad bin Nasser Al Owais, Minister of Health and Prevention, proclaimed that such a new qualitative achievement would not have been possible if the UAE leadership had not been so eager to proactively address the pandemic, attract and provide innovative medicines that have proven to be effective and efficient, and adopt them as treatment protocols. He further added that the new medicine would greatly contribute to patients' faster recovery, reducing Covid-19-related deaths and hospitalization time in intensive care units. It will also support the country's efforts to conduct Covid-19 tests and administer vaccines, retaining its leading position among the world's foremost countries, dealing efficiently with the Covid-19 pandemic.

    This achievement is another milestone in our wise leadership's tireless efforts to harness all skills and resources to defend the health of UAE citizens and defend the country's accomplishments earned over the years at all levels. He further emphasized the necessity of reliance on science and innovation in relationships between the UAE health sector, foreign research institutes, and the commercial medical and pharmaceutical industry. This is one of the most important takeaways from the Covid-19 epidemic, in which the UAE demonstrated its ability to deal with the world's worst health disaster.

    The UAE has always been proactive in approving and registering innovative global medicines, citing an innovative mechanism developed to evaluate and approve first-of-its-kind medicines, and that the licensing of the innovative treatment 'Sotrovimab' is under Law No. 8 of 2019 on Medical Products, Pharmacy Profession, and Pharmaceutical Establishments.

     

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    Sun, 30 May 2021 12:00:00 GMT
    <![CDATA[Covid-19 Shot can be a Job Requirement in the United States of America]]>  Covid-19 Shot can be a Job Requirement in the United States of America

    The U.S federal government stated that companies in the United States might compel all workers physically entering a workplace to be vaccinated against Covid-19. As per Equal Employment Opportunity Commission (EEOC), federal regulations do not prohibit an employer from forcing employees to get vaccinated.

    Employers may be compelled to provide reasonable accommodations for employees who are not immunized due to a disability or religious conviction, according to recent rules released by the United States Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission (EEOC) modified its recommendations, clarifying that federal rules do not prohibit employers from requiring employees to get vaccinated. However, in extreme circumstances, federal regulations may compel the employer to make reasonable accommodations for employees who are unable to receive vaccinations owing to a disability or religious convictions. 

    According to the EEOC, an unvaccinated employee entering the workplace should wear a face mask, work at a social distance, or be allowed to telework as a reasonable accommodation. The revised recommendations also state that federal rules do not prohibit or limit the use of incentives to encourage workers to take the vaccination freely. Employers who provide vaccinations to their employees may also provide incentives, as long as the incentives are not coercive.

    Some firms have rewarded employees who take the Covid-19 Vaccination with incentives. Dollar General Corp., for example, is providing four hours of compensation to individuals who receive the vaccination, while Bolthouse Farms, a juice and salad dressing manufacturer, has stated it will pay $500 to full-time hourly workers who obtain the Covid-19 vaccination.

    Employers may advise employees and their family members about the advantages of vaccinations and how to acquire them, according to the EEOC. The immunizations are free of charge, according to the report. The announcement comes as more workers return to work, and various government authorities have stated that wearing a mask is not essential for those who have been vaccinated.

    It would be illegal, according to the EEOC, to implement a vaccine mandate in a way that discriminates against employees based on disability, race, colour, religion, sex, national origin, or age. It further said that immunization requirements may be governed by state and municipal authorities. The agency further added that "As some workers or demographic groups may encounter larger challenges to acquiring a Covid-19 immunization than others, some employees may be more likely to be negatively affected by a vaccine requirement".

    The recommendations should also help to relieve people's anxieties about returning to work, according to Marc Freedman, vice president of employment policy at the US Chamber of Commerce. "To the degree that employees are afraid that returning to work would expose them to Covid-19, everything that assists an employer in getting more people vaccinated would help make the argument that the workplace is safe," Mr Freedman said.

    Employers may face issues from employees who might not want to be vaccinated as a result of this. Many firms say they're having trouble filling available positions. According to Adam Ozimek, a labour economist at Upwork Inc., a platform that links companies and individuals for freelancing assignments, whether the vaccine recommendation will affect the labour shortage depends on how many companies need vaccines and how much-unvaccinated people worry if they do. Due to a scarcity of employees, employers in particular industries may be afraid to make vaccination demands, but workers may be secure in their ability to find another job if they don't like the need, he added. However, he noted that the most significant economic impact "would be if employers mandate vaccines and this helps to get more people vaccinated because it would help end the epidemic faster."

     

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    Thu, 27 May 2021 12:00:00 GMT
    <![CDATA[Dubai Islamic Bank Gets Favorable Judgement in NMC Case]]> Dubai Islamic Bank Gets Favorable Judgement in NMC Case

    In a decision that might complicate the private healthcare firm's multibillion-dollar debt restructure, an Abu Dhabi judge decided in favor of Dubai Islamic Bank and against the administrators of NMC.

    Earlier last year, NMC's UAE operational firms were placed into administration in the courts of Abu Dhabi's international financial center ADGM after the uncovering of more than $4 billion in undisclosed debt.

    With approximately $400 million in exposure to NMC, Dubai Islamic Bank granted the firm money using insurance receivables as security, which are payments made by insurance companies for medical care.

    Moreover, NMC's administrators, Alvarez & Marsal, filed a lawsuit in the ADGM courts to get control of the securities claimed by Dubai Islamic Bank and perhaps use them to pay other creditors. However, an ADGM judge last week stated that the court had no jurisdiction over the securities agreements and that legal actions should be halted as a result, according to an ADGM Courts document.

    To this note, the ADGM court has effectively concluded that they do not have jurisdiction. Furthermore, as NMC moves through with its debt restructuring, those securities will remain a burden for the company.

    Likewise, the insurance receivables were sought by DIB in lawsuits filed in Dubai, while Alvarez & Marsal wanted to incorporate them in NMC's administration procedure, which is governed by ADGM, an offshore court.

    Conclusively, with onshore and offshore jurisdictions at play, the case puts the UAE's many legal systems against one another. The onshore courts follow UAE law, whereas the Abu Dhabi Global Markets courts and the courts of the Dubai International Financial Centre (DIFC) financial free zone follow the English legal system.

     

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    Wed, 26 May 2021 12:00:00 GMT
    <![CDATA[The Updated COVID-19 Protocols for Hajj 1442H ]]> The Updated COVID-19 Protocols for Hajj 1442H 

    For the Hajj season 1442H, the concerned authorities have approved a number of recommendations, the most significant of which is optimizing the benefits of health protocols and precautionary measures that were previously implemented during the 1441H Hajj season. 

  • The protocols related to requirements that must be met prior to entering the Hajj areas, such as the approved age group, good fitness, and the absence of chronic diseases in applicants. 
  • They should have received a result permit and not have undergone renal dialysis or suffered from infectious conditions requiring hospitalization in the previous six months.
  • Likewise, the attending pilgrim must be inoculated with any of the COVID-19 vaccines that are recognized by the Saudi Government prior to entering the Hajj locations. Pilgrims from other countries would have administered the full doses of vaccines permitted in Saudi Arabia. 
  • Similarly, they must present a certificate from the pilgrim's country's official health authority, as well as a negative-result PCR test certificate from a recognized laboratory in the pilgrim's country.

    Alternatively, domestic pilgrims must receive at least one dose of an authorized vaccine before being nominated to perform Hajj so that 6-8 weeks have elapsed after their last dose. Furthermore, the second dose must be administered as soon as the pilgrim receives initial Hajj approval and at least two weeks before the pilgrim travels to the Hajj regions.

    Similarly, to ensure the pilgrim is free of COVID-19, a swab test using the PCR technique is necessary. This test should have been completed within 40 hours of arriving at the Hajj zones and going to the areas of the procedure.

    Likewise, the authorities' controls have laid out the protocols to be followed at entry points both within and outside the region. They entail the pilgrim undertaking visual inspection tests, as well as the authentication of all health records and the testing of vaccine certificates. The pilgrims will be dispatched to designated transportation lanes.

    Additionally, pilgrims will be divided into batches at the Holy Sites, the Two Holy Mosques, and the Central Areas in Makkah and Madinah, and tents and sorting points will be set up on pedestrian roads, the Jamarat Area, and at train stations, bags will be sterilized, and security guards will arrange pilgrims' departure according to the timetable.

    Finally, a bus will be designated for each group in the Arafat transportation schedule, with a seat number allocated to each pilgrim. Pilgrims would not be permitted to stand throughout the journey, and at least one seat for two passengers should remain vacant so that all passengers hold their baggage.

     

     

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    Tue, 25 May 2021 12:00:00 GMT
    <![CDATA[The Abu Dhabi Judicial Department to intensify its efforts to disseminate legal culture during Abu Dhabi International Book Fair]]> The Abu Dhabi Judicial Department to intensify its efforts to disseminate legal culture during Abu Dhabi International Book Fair  

    The Abu Dhabi Judicial Department (ADJD) is participating in the 30th session of the Abu Dhabi International Book Fair, which runs from May 23 to 29 at the Abu Dhabi National Exhibition Centre, as part of its efforts to promote the spread of legal culture and foster legal literacy among community members. 

    The Judicial Department's presence in the exhibition involves the creation of the services of the Abu Dhabi Centre for Legal and Community Awareness "Masouliya" (responsibility), that aims to monitor phenomena, behaviors, and customs that affect societal values and principles, as well as those that lead to defamation of people and symbols, triggers conflict, provoke disobedience to parents and violence. On social media, electronic gaming, and what causes electronics addiction, with an emphasis on promoting awareness of these threats and their harmful consequences, as well as how to mitigate or prevent them. 

    In relation to the above-mentioned, Youssef Saeed Al Abri, Under-Secretary of the ADJD, affirmed the Department's commitment to diversify the activities and events offered to the public during its continued participation in the Abu Dhabi Book Fair, to obtain maximum benefits and achieve the desired objectives by innovatively delivering awareness messages in line with consolidating legal knowledge among different social groups as one of the foundation pillars of the principle of "Rule of Law". 

    The ADJD's involvement in this year's session is characterized by the publication of an "audiobook" that incorporates audio and video recordings of instructive stories inspired by court experiences, in a booklet named "Qisas wa Ebar" (Stories and Lessons), and provided in Arabic, English, and sign language for persons of determination. Several legal publications, including a great collection of expert books, a variety of miscellaneous legal publications, and publications designated for public education, are also on show at the Judicial Department's exhibition stand. The Abu Dhabi Judicial Department also presents the Abu Dhabi Judicial Portal for Judgments and Legislations, a smart legal platform that employs artificial intelligence techniques to deliver advanced and multi-services to members of the judiciary, legal specialists, and researchers by making court decisions available based on their litigation levels and court jurisdictions. 

    The Judicial Department also took the concerns to introduce visitors to the Central Library's services, which include the opportunity for scholars and researchers to access the library's notable resources for judicial and legal work, as well as the Abu Dhabi Judicial Academy's distant learning platform. Moreover, the ADJD focused on diversifying activities during its participation at the show, including organizing competitions and interactive activities for children throughout the exposition, as well as providing legal, familial, and psychiatric counselling by a panel of professionals through the "Your Advisor through Video Conference Technology" area.

     

     

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    Mon, 24 May 2021 12:00:00 GMT
    <![CDATA[DIFC FinTech Accelerator 2021 will empower more world-class]]> The DIFC FinTech Accelerator 2021 will empower more world-class FinTechs than ever before through innovation sprints

    Dubai, United Arab Emirates, 19 May 2021: With a new virtual model for its extremely successful FinTech Accelerator program this year, DIFC FinTech Hive, the Middle East, Africa, and South Asia (MEASA) region's first and largest financial technology accelerator, continues to build on its leadership in advancing the Future of Finance. This year, the FinTech Accelerator 2021 will be held in a hybrid format, allowing FinTech startups from all over the world to participate, allowing them to gain access to Middle Eastern markets while also benefiting from DIFC's status as a global financial center.

    The FinTech Accelerator 2021 will match participating FinTechs with industry partners, allowing them to work flexibly to uncover new growth potential. It will bring together an unrivaled community of the region's largest financial services organizations, such as banks, investment, and insurance organizations. Workshops, marketing, and PR exposure, networking, partnerships, and access to the DIFC's regulatory sandbox via its Innovation Testing License are just a few of the advantages. Participants will also have the chance to pitch their companies to important stakeholders and investors, including the DIFC's own USD 100 million FinTech Fund.

    In addition, by offering two innovation sprints, the DIFC FinTech Hive Accelerator will be able to support more businesses than ever before, thus strengthening the DIFC's Innovation ecosystem. This builds on DIFC's success in 2020 when the number of businesses in its FinTech and innovation ecosystem more than doubled to 303.

    "This year, we are taking the DIFC FinTech Hive Accelerator to the next level, with a hybrid approach program, geared to attract world-class innovation in finance," said Raja Al Mazrouei, Executive Vice President of DIFC FinTech Hive. We are focused on maximizing the Accelerator's impact and success in Shaping the Future of Finance by searching out the top companies internationally – which also match our industry partners' priorities and needs. Furthermore, with two intakes, we will be able to meet the demand from entrepreneurs around the world that want to take advantage of DIFC's unique FinTech-focused ecosystem and use it as a springboard for expansion in our region and beyond."

     

     

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    Sun, 23 May 2021 12:00:00 GMT
    <![CDATA[Grave Penalties for promoting explicit content to Children]]> Grave Penalties for promoting explicit content to Children

    The UAE Federal public prosecution on 19 MAY 2021 pronounced that it shall be prohibited to provide any materials to children that encourage behaviors that are contrary to public order and morality.

    According to Article 26 of the Federal Law No. (3) of 2016 concerning child rights, also known as Wadeema's Law, it is strictly prohibited to publish, display, circulate, possess, produce, or be in possession of any visual, audio, video, or printed materials or games for children that address the child's sexual instincts or adorn the behaviours that are contrary to the public order and morals or that would encourage abnormal behaviour.

    In pursuant to Article 66 of Wadeema's Law, Individual who violators the law must be punished by

  • imprisonment for a period not less than one year and
  • a fine not less than AED 100,000 (UAE Dirhams one hundred thousand) and not exceeding AED AED 400,000 (UAE Dirhams four hundred thousand)
  • These legal tweets are being shared recently by the Public Prosecution to raise legal awareness and culture among the member of general public.

     

     

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    Thu, 20 May 2021 12:00:00 GMT
    <![CDATA[Amendments to COVID-19 Rules and Protocols in the Emirate of Dubai]]> Amendments to COVID-19 Rules and Protocols in the Emirate of Dubai

    As of May 17, 2021, the Supreme Committee of Crisis and Disaster Management in Dubai has revised the precautionary steps for events and activities for a 'one-month trial period'. The amendments can be categorized under the following sub-points.

    Social Distancing and Masks: Dubai's social distancing laws have been relaxed, lowering from three meters to two meters. However, in public, face masks must also be worn at all times. The Supreme Committee emphasized the importance of public participation, and violators would face harsh punishments as a result of regular inspections.

    Reopening of Entertainment Venues: Entertainment venues may be allowed to function at 70% capacity, but licenses will be issued for youth sporting activities, festivals, and social and institutional events, like ceremonies, for a one-month trial span beginning May 17. This is contingent on all participants being vaccinated. Likewise, indoor events are limited to 1,500 people, while outdoor events are limited to 2,500 people. However, in all cases, the occupancy must not exceed more than 70% of the venue's capacity.

    Weddings: The restrictions on the number of people who can attend a wedding have been relaxed. More specifically, if the wedding is at a venue, then you are permitted to have up to 100 guests. Alternatively, if the wedding is being conducted at home, there will be a cap of 30 attendees. Likewise, all attendees must be vaccinated while carrying the applicable proof.

    Hotels and Restaurants: The overall capacity of hotels have been increased from 80 to 100 per cent. Likewise, restaurants, cafes, and shopping malls in Dubai have been given a one-month (extendable) trial period to host live entertainment once again, provided that the performers and entertainers have received the vaccine.

    Restaurants can expand the size of their tables to accommodate a maximum of 10 people. Similarly, venues with a bar license will now reopen as long as both employees and visitors have administered the vaccine.

     

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    Wed, 19 May 2021 12:00:00 GMT
    <![CDATA[Starting June 1, UAE will allow 100% foreign business ownership]]> Starting June 1, UAE will allow 100% foreign business ownership

    The amended Commercial Companies Law, which will enable foreign investors and entrepreneurs to form and completely own onshore companies, will take effect on June 1st, 2021, according to the UAE Ministry of Economy.

    The UAE government recently amended the Commercial Companies Law to allow companies to be owned entirely by foreigners. Likewise, it has also been reasoned that the revised 'Commercial Companies Law' shall improve the country's competitiveness and is part of the UAE government's attempts to make doing business easier.

    Likewise, it has also been argued that the new Commercial Companies Law's reforms would increase the UAE's attractiveness as a desirable destination for international buyers, entrepreneurs, and talent. Moreover, the amendments highlight the possibility of being able to boost the country's status as an international economic hub while being able to stimulate investment in the country's most important industries.

    Similarly, it must be noted that the 'Positive List' specifies the activities that are open to 100% foreign business ownership. The activities under the 'Positive List' are as follows: 

  • Administrative and support services
  • Storage and transport haulage
  • Art and entertainment
  • Educational Services
  • Construction 
  • Healthcare Services
  • Hospitality Sector and food industry
  • Information Technology and communication
  • Space
  • Professional, scientific, and technical activities
  • Renewable energy
  • Manufacturing Industry 
  • Agriculture
  •  

     

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    Mon, 17 May 2021 12:00:00 GMT
    <![CDATA[Abu Dhabi Courts introduces Legal Reforms for non-Arabic speakers]]> Abu Dhabi Courts introduces Legal Reforms for non-Arabic speakers

    The residents of Abu Dhabi can now appeal decisions made by the Court of First Instance by filling out online forms in English or Arabic, without the need for legal assistance, according to an official.

    The Abu Dhabi Judicial Department (ADJD) has formulated a series of user-friendly Court of Appeal smart e-forms to make it easier for litigants who want to appeal against the court's decisions to get justice. As the e-forms are bilingual, they assist reduce paper usage while simultaneously reducing language barriers (Arabic and English).

    The authorities stated that they recognize the need for judicial changes, particularly for non-Arabic speakers, and that these e-forms are applicable to all types of conflicts before the Abu Dhabi Court of Appeal, including commercial, family, employment, administrative, and civil issues. The final portion of the e-forms, which offers a list of legal articles pertinent to an appellant's application process, is an important element. The program was launched with the understanding that not all litigants have the financial means to pay for legal representation.

    The ADJD had previously stated in May that it had expanded the use of interactive multilingual claim forms to cases before the appeals court, allowing expatriate litigants to become more familiar with court procedures without having to overcome a language barrier.

    According to Yousef Saeed Al Abri, the ADJD's Undersecretary, the authorities began providing a bilingual litigation process in 2018 by reducing the language barrier for non-Arabic speakers and streamlining procedures to provide transparent litigation. The bilingual appeal forms are an important step in the direction of groundbreaking legal reforms. He further added that the courts provide distinctive judicial services that match the needs of the UAE, which is known for its cultural diversity, and that these significant improvements contribute to the country's largest emirate's competitive spirit and transparent image.

     

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    Sun, 16 May 2021 12:00:00 GMT
    <![CDATA[Dubai Tourism Comply the hotels with sustainability requirements by July 1, 2021]]> Dubai Tourism Comply the hotels with sustainability requirements by July 1, 2021

    The Dubai Tourism Department of Tourism and Commerce Marketing (Dubai Tourism) urged hotels to adhere to the area's sustainability requirements and resume reporting of carbon emissions by July 1, 2021. Dubai Sustainable Tourism (DST) has previously established the emirate's "19 Sustainability Requirements" for hotel owners. Sustainable management practices, as well as energy, food, and water management strategies, are among the needs, which support Dubai's Carbon Abatement Strategy for 2021.

    The emirate's reputation as one of the world's premier sustainable tourism destinations has been strengthened by these standards. Dubai Tourism claims that by enhancing internal sustainability standards, hotels can improve the city's tourism-related economy's competitiveness. Dubai has been analyzing the carbon footprint of hotels in the city since 2017. Hotels have to report their carbon emissions from 11 different sources every month, including electricity, district cooling, water, garbage, fuel, fire extinguishers, and liquefied petroleum gas.

    Dubai Tourism also trained 528 hotels on sustainability standards in 2019, with facilities expected to be fully compliant by the end of the year. The deadline was extended for an extra 12 months due to the coronavirus pandemic, which has harmed the hotel business.

    "The safe and successful reopening of Dubai to domestic and international tourists over the past year reflects the strength of the city's tourist industry," said Yousuf Lootah, vice chairman of Dubai Sustainable Tourism.

    "The safe and successful reopening of Dubai to domestic and international tourists over the past year reflects the strength of the city's tourist industry," said Yousuf Lootah, vice chairman of Dubai Sustainable Tourism.

    "By July 1, 2021, we highly encourage hotels to comply with the standards and submit carbon calculator reports. We know that, with the continued cooperation of relevant government entities, these hotel establishments can play a significant role in meeting the overall carbon emission target in the coming year and beyond," Lootah concluded.

     

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    Mon, 10 May 2021 12:00:00 GMT
    <![CDATA[DIFC Courts strengthening the paperless mission by taking up 'Ethaq' electronic seal]]> DIFC Courts strengthening the paperless mission by taking up 'Ethaq' electronic seal

    Recently on May 8, 2021, the Dubai International Financial Centre (DIFC) Courts have acquired the certified electronic seal solution called Ethaq, a paperless initiative that enables digital authenticity of documents with the help of UAW PASS that is the secured national digital identity platform for the United Arab Emirates (UAE).

    Dubai Electronic Security Centre (DESC) and its root certificate authority powered Ethaq. It recognizes the DIFC Courts as the first Dubai entity to obtain the paperless certificate, which allows court documents to be signed, issued and authenticated electronically.Ethaq also works with Smart Dubai to incorporate UAE PASS, the UAE's safe national digital identity network, to provide an end-to-end signing solution that incorporates both an electronic seal and an electronic signature based on digitally verifiable identities.It would also strengthen the protection and credibility of the record and eliminate tampering of official records, allowing users to digitally verify the validity of any legal documents through the DIFC Courts website.

    "This latest groundbreaking E-Service will ensure that the DIFC Courts continues to fulfill the requirements under the Dubai Paperless Strategy 2021 and provide legal stability and assurance for companies in an era of technological disruption," said Omar Juma Al Mheiri, Deputy Chief Justice, DIFC Courts.

    The DESC's Director-General, Yousef Al Shaibani, stated, that Ethaq is one of DESC's ongoing initiatives to implement cutting-edge technology to secure Dubai's digital infrastructure. This initiative boosts the efficiency of digital services to aid the city's smart transformation and achieves the Dubai Cyber Security Strategy's visionary goals.

    The DIFC Courts collaborated with Smart Dubai to build the world's first blockchain court in 2018, as part of the Courts of the Future initiative. The alliance is looking at how to help verify court decisions for cross-border compliance, building on existing conflict resolution services. The collaboration would create a blockchain-powered future for the judiciary, with far-reaching benefits such as streamlining the judicial process, eliminating document duplications, and increasing efficiencies in the legal ecosystem. The new electronic seal initiative will enhance and strengthen the progress of this parallel blockchain compliance project.

    Since its inception in 2006, technology has been at the heart of the DIFC Courts' business model. The region's first digitally connected courtroom and re-engineered state-of-the-art e-Court Management System (CMS) were among the many innovations pioneered to improve access to justice in 2016.The DIFC Courts are also the first court service in the country to launch the most innovative "paperless" e-Bundling service, introducing the new online dispute settlement services, as part of its digital strategy in 2018.

    The DIFC Courts have implemented several measures aimed at reducing costs for court users in the last year 2020, including the suspension of all fees associated with the automated e-Bundling program, which has seen over 100,000 case pages submitted to the system in the first eight months of 2020, resulting in a paper reduction of over 600,000 pages.

    According to the CEO of the Smart Dubai Government, Wesam Lootah, "Smart Dubai is leading the way to create the emirate the world's smartest and happiest capital, with the mission to go paperless being a key component of that goal. Dubai is leading the way in terms of resource management, environmental protection, and the development of digitally protected transactions by going paperless across all sectors and employing cutting-edge technology."

    The Ethaq capability will be secured first for all court consumer service records, such as DIFC Courts Judgments and Orders, as part of a staggered strategy, with a secondary deployment wave for all DIFC Courts internal and organizational paperwork.

     

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    Sun, 09 May 2021 12:00:00 GMT
    <![CDATA[The UAE is no longer on the US Anti-Counterfeiting watch List, thanks to Dubai Government Customs' Intellectual Property Enforcement efforts]]> The UAE is no longer on the US Anti-Counterfeiting watch List, thanks to Dubai Government Customs' Intellectual Property Enforcement efforts

    Dubai Customs' commitments to the protection and enforcement of intellectual property (IP) rights have paved the way for a new UAE benchmark. In its Annual Special Report on Intellectual Property Rights, the Office of the United States Trade Representative (USTR), a US government department, agreed to exclude the UAE from the Watch List for IP protection and enforcement. The UAE is now identified in the report as one of the countries and trading partners of the United States that take appropriate and efficient steps to protect and implement intellectual property rights following international IP best practices and standards.

    The United States Trade Representative (USTR) is the body in charge of establishing and recommending US trade policy as well as conducting bilateral and multilateral trade negotiations. It is in charge of publishing the annual reports on countries' compliance with international trade agreements and regulations, including intellectual property rights.

    The UAE made progress on long-standing IP enforcement issues, according to the USTR's latest study on global IP compliance, thanks to several IP enforcement initiatives implemented by various local government and federal authorities. The report appreciated "increased efforts by Dubai Customs" and the prominent element it has played in intellectual property regulation and awareness in Dubai, resulting in the UAE's exclusion from the Watch List of countries that are less consistent with IP rights protection.

    The CEO and Chairman of the DP World Group and Chairman of the Ports, Customs and Free Zone Corporation (PCFC), Sultan Ahmed Bin Sulayem highly appreciated the US Trade Representative's decision to exclude the UAE from the watch list of countries with limited intellectual property security. He emphasized that Dubai Customs is dedicated to carrying out all of the UAE's responsibilities under foreign trade regulations and agreements and that the enforcement and protection of intellectual property rights are of paramount importance to the UAE.

    Protecting IP rights is a vital competitive advantage that aids the economy prosper and attracts further trade by creating a secure environment for foreign companies and traders to protect their products and business properties from the dangers of counterfeit and pirated goods. IP security is also beneficial for promoting creativity and innovation because it improves a company's ability to generate sales and make the most of new products and creations that are introduced to the market. Bin Sulayem reasserted that Dubai Customs has been actively engaged in combating the illegal trade in counterfeits in full cooperation with the US and other international diplomatic bodies. Our customs centers collaborate with the IPR agency, as well as other related stakeholders and border agencies, to enforce intellectual property laws and protect trademark owners' rights by seizing and preventing IPR-infringing products from entering local markets.

    The Director-General of Dubai Customs, Ahmed Mahboob Musabih, pronounced that Dubai Customs has long been steadfastly committed to intellectual property rights protection. In 2005, we established the IPR department, the first of its kind at the level of customs authorities in the Middle East, to optimize coordination amongst different customs units and centers in the area of enforcement and protection of intellectual property rights," said Ahmed Mahboob Musabih, Director General of Dubai Customs. He further added that the priority is to raise awareness about the dangers of counterfeit goods. Via a variety of activities and programs, we involve all segments of society, including the younger generations, to impart and encourage this IP security culture. "We're constantly improving our performance in this field by enhancing our cooperation with diplomatic bodies and brand owners to allow them to protect their trademarks from unfair competition from fake, counterfeit products,"

    In the first quarter of 2021, Dubai Customs held 12 IP awareness events for 1,394 customs employees and students. In 2020, 46 public awareness events were held, benefiting 2,358 people. With the participation of 309 personnel, Dubai Customs conducted ten workshops last year, 2020 to introduce new ways of distinguishing between fake and genuine goods, and two workshops were conducted in the first quarter of 2021 for a total of 68 participants. Dubai Customs settled 81 intellectual property disputes worth AED 11.3 million in the first quarter of 2021 and recycled 510,000 counterfeit goods for 26 foreign brands. In 2020, 255 conflicts worth AED 62.2 million were resolved, and 161,800 counterfeit products representing 60 brands were recycled.

    Dubai Customs' teams are in constant contact with US and international diplomatic missions to understand their needs and requirements in terms of intellectual property security and compliance to ensure the business interests of their fellow national firms, according to Yousuf Ozair Mubarak, Director of the IPR department. "As a result, we're willing to work with trademark owners and copyright holders to thwart any efforts to smuggle counterfeit products that infringe on their intellectual property rights under applicable international regulations."

     

     

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    Thu, 06 May 2021 05:53:00 GMT
    <![CDATA[Private tuition classes are illegal in the UAE; tutors could face a penalty of up to AED 50,000]]> Private tuition classes are illegal in the UAE; tutors could face a penalty of up to AED 50,000

    According to Article 13 of Employment Law, if you're a Non-UAE National prior approval of the Ministry of Human Resources and Emiratisation, and a work permit are necessary to be obtained to work in the UAE. The following conditions must be met for such a permit to be granted:

  • That the employee possesses the professional competence or educational credentials which the country is needful of
  • That the employee entered the country legally and meets the requirements prescribed in the residence regulations in force.
  • Abide by the aforesaid provision of law, anyone who employs an individual without the prior approval of the Ministry of Human Resources and Emiratisation (the 'MOHRE') or any free zone authority in the UAE without a work permit is committing a punishable offense, This is accordance with Federal Decree-Law No. (7) of 2007, which modified certain provisions of Federal Law No. (6) of 1973, and provides for a fine of AED 50,000 per employee if the MOHRE discovers an employer or person employing an individual without the required approval and work permit.

    As per the table attached to Ministerial Resolution No. (851) or 2001 concerning Penal Sanctions Stipulated for violations of the laws and resolutions in force, an employer may be imprisoned for six months for employing individuals in the UAE who are under the sponsorship of others, as specified in the Immigration Law. Repeated violations would result in expatriate employers/individuals unlawfully employing the individuals being deported and barred from entering the UAE for the rest of their lives.

    It's also important to note that even if an individual is providing private tuitions at home, the landlord may seek eviction because the rented property is used for commercial reasons. This is under Article (25) (1) (c) and (f) of Law No. (33) of 2008 amending Law No. (26) of 2007 governing the relationship between landlords and tenants in the emirate of Dubai, states that the landlord may seek eviction of the tenant from the real property before the expiration of the term of the Tenancy only in the following circumstances;

    (c) where the Tenant uses the real property or allows others to use the same for any illegal purpose or purpose that violates public order or morals;

    (f) where the Tenant uses the Real Property for a reason other than that for which it was rented or uses the Real Property in a manner that violates the Emirate's planning, construction, and use-of-land regulations.

    By holding tuitions at home, individuals are also violating the UAE government's pandemic protocol, as the UAE Ministry of Education has banned all types of private in-person tutoring offered to students at homes, educational institutions, or any other location in the country to prevent the spread of Covid-19.

     

     

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    Wed, 05 May 2021 12:00:00 GMT
    <![CDATA[Transgenerational rights: From now on, the cost of changing your legal gender costs would be £5 only]]> Transgenerational Rights: From now on, the cost of changing your Legal Gender costs would be £5 only

    With the intention to make it easier for transgender people to afford, the expense of changing one's legal gender has been reduced from £140 to £5 as of today, 4 May 2021. The reduction, along with the move to an online application form, comes after United Kingdom Equalities Minister Liz Truss promised in September to make applying for a gender recognition certificate "kinder and more transparent." "As we rebuild better, we want transgender people to be able to live and thrive in modern Britain," Ms Truss said in announcing the new charge. According to the National LGBT Survey, the cost of applying for a certificate is deterring 34% of transgender people from doing so. "Today, we have removed the barrier, and I am proud to say that we've made the process of obtaining a certificate more equitable, convenient, and affordable." 

    Under current rules, legally changing one's gender entails a two-year waiting period, as well as an examination by or presentation before a professional panel and payment of a fee. Many LGBT activists claim the existing scheme, which is enshrined in the Gender Recognition Act, is unfit for purpose and have called for it to be replaced by a more simpler statutory declaration and self-identification process.

    Ms. Truss revealed in September, 2020 that the government had rejected demands for people to be able to self-identify their gender and update their birth certificates without a medical diagnosis. Rather, the minister stated that the cost of obtaining a gender recognition certificate would be reduced to a "nominal amount" and the process would be moved online. However, the Equality and Human Rights Commission (EHRC) described it as a mistake in simplifying gender recognition law. The LGBT Foundation expressed its dissatisfaction with the amendments, saying they do not take into account "the views expressed in the consultation responses."

    The experiences of trans and non-binary people, "have been put to the side," and it was saddened "to see that the government has opted not to use this opportunity to enable non-binary people to obtain legal recognition of their gender." The government is expected to release more information in the near future. Some states in the United States are attempting to make it more difficult for people to change their gender. Arkansas became the first state in the United States to ban gender-affirming medical procedures or surgery for minors earlier this month.

     

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    Tue, 04 May 2021 03:09:00 GMT
    <![CDATA[Delhi High Court warns of contempt action against Centre if the allocated 490 MT of oxygen is not supplied to Delhi today]]> Delhi High Court warns of contempt action against Centre if the allocated 490 MT of oxygen is not supplied to Delhi today

    Visibly shaken by the tragic death of eight patients due to lack of oxygen supply in a Delhi hospital today, the Delhi High Court on Saturday issued a strict direction to the Central Government to ensure that Delhi receives the allocated quantity of 490 MT oxygen today itself "by whatever means".

    A division bench comprising Justices Vipin Sanghi and Rekha Palli issued this direction in a special sitting held on Saturday, 01 May 2021. "We direct Centre to ensure that Delhi receives its 490MT oxygen supply today by whatever means", the bench told the Central Government counsel."Now the water has gone over our head. Enough is enough", an exasperated Justice Sanghi told Additional Solicitor General Chetan Sharma, who was appearing for the Centre.

    "We are not asking for more than 490 MT. You have allocated it. Now it falls upon you to fulfill it", the judge told the Centre's lawyer.The bench observed that although 490 MT per day is the quantity allocated by Centre for the National Capital Territory of Delhi, it has remained only a paper allocation till date, as the said quantity has never been received on any day.

    The Delhi High court bench pronounces that the allocation of oxygen to Delhi has been in force from April 20 and not for a single day Delhi has received allocated supply. It is for the Centre to arrange the tankers as well, the Court added. The bench further directed the Central Govt to ensure that the 490 MT allocated to Delhi be given to it today positively, lest it remain only a paper allocation, effective since a week now.

    The Court even said that if the direction is not implemented, the concerned authority should remain present in the court on 3 May, 2021, and warned that it might consider contempt action against the Central Government officers in such a case."If not implemented we will have the head of DPIIT(Department for Promotion of Industry and Internal Trade) shall remain present, in case of non compliance we may consider initiating contempt proceedings", the bench warned.

     

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    Mon, 03 May 2021 02:44:00 GMT
    <![CDATA[The Paris Court of Appeal confirmed that Deliveroo riders are independent contractors, not employees in France]]> The Paris Court of Appeal confirmed that Deliveroo riders are independent contractors, not employees in France

    The Paris Court of Appeal, in a decision dated 7 April 2021, upheld the stance it took in November 2017 in favour of Deliveroo, refusing a delivery driver's offer to have his contract reclassified as a jobs contract.

    The delivery rider argued that both the contractual and performance terms of the partnership were typical of a permanent legal relationship of subordination, despite the fact that he had already lost his case in the first instance (at the Conseil de Prudhommes de Paris). In particular, he argued that, as a result of the social chamber of the Court of Cassation's rulings in November 2018, the requalification of his contract should be quasi-automatic.

    The Paris Court of Appeal ruled out any permanent legal subordination link and, as a result, the existence of an employment contract after an in-depth review of the contract terms, the conditions of service results, and the elements submitted for debate by the parties. 

    The decision was in consideration of the fact that the delivery rider possessed the choice to perform services as per their own convenience, participation of the drivers in other several platforms which are directly in competition with Deliveroo and finally, the fact that they're capable of delegating their services to a subcontractor. However, the court also established a legal subordinate link between the platform and driver as they provided that drivers with free insurance, which indicates an improvement of the driver's material situation-additionally, the presence of a geolocation system which was inherent to the service provider. 

    Similar to this decision, the Paris Court of Appeal in the Tok Tok Tok cases inconsistent with the European Court of Justice on 22 April 2020, held that a worker who is self-employed is not an employee in a digital platform, in order for the worker's contract to be reclassified as an employment contract, proof of a condition of permanent legal subordination must be provided. And finally, it was stated that the proof of subordination could not be focused on generic elements that aren't unique to his or her situation or are inherent in any commercial partnership with a digital network.

     

     

     

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    Sun, 02 May 2021 06:34:00 GMT
    <![CDATA[UK and Ireland bar associations team up to condemn China's sanctions on Essex Court Chambers]]> UK and Ireland bar associations team up to condemn China's sanctions on Essex Court Chambers

    The four professional bodies of barristers and advocates of the United Kingdom and Ireland have issued a joint condemnation of the sanctions announced by the Government of the People's Republic of China (PRC) against barrister members of the legal profession and their "immediate families". The barristers and their immediate family members are prohibited from entering mainland China, Hong Kong, and Macao, their property in China will be frozen, and Chinese citizens and institutions will be prohibited from doing business with them.

    The sanctions were imposed on the Essex Court barristers, the top London commercial set of chambers in March in response to a legal opinion written by four barristers for lay clients said there was 'a credible case´ acts carried out by the Chinese government in Xinjiang against the Uyghur population amounted to crimes against humanity and the crime of genocide.

    In a joint statement, the Bar Council of England & Wales, the Faculty of Advocates in Scotland, the Bar Council of Northern Ireland, and the Bar of Ireland declared that the imposition of sanctions on lawyers for providing a legal opinion "clearly contravenes the UN Basic Principles on the Role of Lawyers which state (at para 18) that 'lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions".The statement continued: "The naming in the sanctions of a barristers' chambers, which comprises some 95 other barristers who practice from the same premises but as independent legal practitioners, is a further indiscriminate attack on legal professionals. It is inconsistent with respect for the rule of law.

    The Chinese state, as well as Chinese citizens and their businesses, benefit as much as anyone from a functioning international legal order. We call on the PRC Government to review these sanctions, which call into question its commitment to the rule of law, as well as its status and reputation as a reliable partner in international trade and commerce.

    The statement follows fierce criticism of the sanctions by the International Bar Association in the immediate aftermath of the unveiling of the sanctions. "When the rule of law and human rights are under threat in any part of the world each one of us has the duty to speak out," International Bar Association president Sternford Moyo said. "Sanctions have been imposed by China on those who have done just that. "We, therefore, call upon national and international Bar associations to condemn the imposition of these sanctions as an unjustifiable interference with the professional role of lawyers and an attack upon the rule of law internationally." 

    The Bars added that measures that targeted lawyers complying with their professional obligations, simply because their work attracted the disapproval of the Chinese government, were also a threat to the global legal community.

    Mr. Mansfield, who is now Lord Sandhurst QC, said earlier this month: "Essex Court Chambers cannot be left isolated. It would be intolerable if other chambers or law firms simply took overwork which is transferred away from Essex Court. Urgent thought must be given to special codes of conduct to prevent that."

    Separately, Paul Harris SC, chair of the Hong Kong Bar Association, made a statement at the meeting of the Bar Council on Saturday which he said was restricted by the recent national security laws passed by China. He told members that 95-99% of the Hong Kong legal system was operating as well as it has ever had and was still the best chance of a fair trial in Asia. The presence of judges from the UK, Australia, and Canada in the higher courts was key to this, and that it would be "utterly damaging" if those judges no longer sat.

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    Thu, 29 Apr 2021 04:05:00 GMT
    <![CDATA[Mandating Gender Equality in UAE’s Boardrooms]]> Mandating Gender Equality in UAE's Boardrooms

    The UAE has prioritized gender equality in order to achieve its intended goal of a growth plan that is inclusive, sustainable, and balanced. To this note, it has been steadfast in introducing policies that implement greater female representation at the workplace.

    Further, under Articles 9(3) and (4) of Securities and Commodities Authority's (SCA) Decision No. (03 R.M.) of 2020, it was mandated that there must be a 20 % female representation on the board of directors of a Public Joint Stock Company (PJSC). This area has since been further supplemented by the SCA Board Resolution No. (08/R.M) of 2020 which now makes mandatory to appoint at least one female member to all UAE based boardrooms.

    Notably, these reforms have had a positive impact on addressing gender diversity issues within boardrooms, while emphasizing on the need to have different perspectives in the decision-making process, to aim for a more balanced growth regime.

    Finally, the UAE has also reaffirmed and recognized its urgency towards achieving its gender diversity goals across all workplaces. To this note, the SCA on April 1st 2020, released implementational guidelines and penalties under Article (82) of the Governance Code to implement increased female representation in the immediate short term

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    Wed, 28 Apr 2021 12:00:00 GMT
    <![CDATA[UAE is Devising a plan to include 10 new sectors to the Companies’ law, allowing for 100% Foreign Ownership]]> UAE is Devising a plan to include 10 new sectors to the Companies' Law, allowing for 100% Foreign Ownership

    According to a senior official, the UAE's Ministry of Economy is working on new legislation to add 10 sectors to the commercial company's law, which allows 100 percent foreign ownership of onshore companies in the country. The legislation, which will bring investors and businesses in '10 new strategic sectors of importance' under the law's scope, is nearing the final stages of formation. 

    However, the UAE Cabinet has not yet announced the list of sectors and the regulations that will govern their entrance into the local market. Additionally, the cancellation of the national service agent provision took effect on April 1, indicating that all existing and previously licensed companies in the UAE will amend their statuses in accordance with the new amendments to the commercial company law.

    The aim of the legislation that has been enacted or that will be enacted soon is to improve the country's competitiveness for both domestic and foreign investors, as well as to improve business efficiency. Further, it was noted that it is based on a clear vision of the country's economic future imagined by federal, state, and private sector stakeholders working together.

    This will be revealed shortly as part of a holistic plan to draw brilliant minds from across the country and the world.

    There is a number of laws that have been announced by the UAE's Ministry of Economy for promoting a conducive environment for industries which includes the introduction of the new industrial law. In addition to that, the government supports start-ups facing financial issues to tackle the situation and improve their performance. Furthermore, the Ministry is planning to launch a National Added Value Programme to support the national products to enhance their competitiveness. 

     

     

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    Tue, 27 Apr 2021 12:00:00 GMT
    <![CDATA[European Union Launches Legal Action against AstraZeneca due to Vaccine Shortages]]> European Union launches legal action against AstraZeneca due to vaccine shortages

    The European Leaders to issue legal action against the pharmaceutical company AstraZeneca for delays in shipments of its Covid-19 vaccine in the latest development in a months-long feud between Brussels and the company. The European leaders accuse the drugmaker AstraZeneca of not respecting its contract with the 27-member union and failing to come up with a strategy to prevent delays in shipment of the Covid-19 vaccine.  

    The European Union's efforts to lead the vaccine drive across Europe were hampered by supply problems, leaving the EU trailing behind the UK and the US. Brussels responded by imposing export controls and publishing its contract with AstraZeneca, in which the company committed to making "best reasonable efforts" to deliver 300 million doses by June. However, only 30 million vaccine doses were delivered in the first quarter of 2021, and the company pronounces to provide 70 million in the second quarter, against the 180 million vaccination doses as per the commitment.  

    This year, the EU and the pharmaceutical giant have clashed several times. During the first and second halves, the Anglo-Swedish pharmaceutical firm said it was unable to produce as many vaccines as the bloc had expected. This has caused a pause in the distribution of Covid-19 vaccines through the EU's 27 member states. Responding to Monday's news, AstraZeneca said the legal action was "without merit" and said it would strongly defend itself in court.

    Despite an unprecedented year of scientific discovery, highly dynamic negotiations, and manufacturing difficulties, AstraZeneca claimed that they would deliver nearly 50 million doses to European countries by the end of April.

    The company also said that it complied with the European Commission's Advance Purchase Agreement and that it would vigorously defend itself in court. They also welcomed the idea of settling the conflict as quickly as possible.

    In March, European Commission President Ursula von der Leyen had expressed disappointment with the company, saying that "AstraZeneca has unfortunately under-produced and under-delivered. And this painfully, of course, reduced the speed of the vaccination campaign."

     

     

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    Mon, 26 Apr 2021 12:00:00 GMT
    <![CDATA[Getting to Grips with the UAE’s New Federal Decree on Bounced Cheques]]> Getting to Grips with the UAE's New Federal Decree on Bounced Cheques

    The dishonouring of cheques has been a thoroughly contested and debated topic in the UAE's legal landscape, primarily for the implications it currently carries. Presently, cheques and their dishonouring are looked at through the lenses of UAE Federal Law No. 18 of 1993. 

    What do the new changes entail?

    The new changes primarily clarify the types of criminal offences that could arise from a bounced cheque while setting the scope of its criminal nature. Further, under the new amendments, a dishonoured cheque would be recognized as an 'executive document' that can be relied upon for the execution process' in court. 

    Types of criminal offences arising from dishonoured cheques 

  • Fraudulent use of cheques by ordering the Bank not to pay the cheque amount; and
  • Withdrawing the account balance prior to the date of the cheque to prevent encashment.
  • Forgery of cheques.
  • Cheque falsification.
  • Moreover, once the execution process is in motion, the civil courts would also attach the assets owned by the individual that issued the subject cheque while possibly serving orders for jailtime. Additionally, under the new regime, civil courts would be steadfast in limiting the capability of those convicted to conduct or pursue commercial activities. 

    On the contrary, the new amendments could also positively impact the collection of payments through cheques, wherein banks would be in a position to 'partly' fulfil a cheque claim in the event of there not being sufficient funds to service the full amount. This would, in turn, ease the stress placed on organizations that are direly affected by negative cashflows within the market. 

    Conclusively, it is evident that these changes are brought about to rationalize the existing laws surrounding the dishonouring of cheques while continuing to penalize the convicted individual. 

     

     

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    Sun, 25 Apr 2021 12:00:00 GMT
    <![CDATA[The Supreme Court of Canada has ruled that non-citizens and non-residents can assert aboriginal rights under the Constitution of Canada]]> The Supreme Court of Canada has ruled that non-citizens and non-residents can assert aboriginal rights under the Constitution of Canada

    Non-citizens and non-residents can invoke an aboriginal right under the constitution, the Supreme Court of Canada ruled on Friday.

    The case concerned Section 35 of the Canadian Constitution's definition of "Aboriginal peoples of Canada." The fundamental question, according to the court, is whether people who are not Canadian citizens or who do not live in Canada can exercise this privilege.

    The case involved Richard Desautel, an American citizen who shot and killed an elk in British Columbia without a hunting license in 2010. He is a member of the Colville Confederated Tribes' Lakes Tribe. He was found guilty of hunting without a licence or proof of British Columbia citizenship, despite claiming that he was practicing his aboriginal right to hunt in his ancestors' ancestral territories under section 35 of the Act. He said that the spot where he shot and killed the elk was his land.

    The majority of the court decided that "Aboriginal peoples of Canada" refers to the modern-day descendants of aboriginal groups that lived on Canadian soil at the time of European contact. Even if those communities are now situated outside of Canada, this was the case. People who are not Canadian citizens and do not live in Canada can exercise an aboriginal right guaranteed by the Canadian Constitution, according to Justice Malcolm Rowe. Desautel was found to be exercising an aboriginal right, and the trial judge correctly acquitted him of all charges.

    "While Aboriginal communities outside of Canada can claim and hold section 35 rights, it does not follow that their rights are the same as those of communities within Canada," Rowe said in response to questions about the potential implications of groups like the Lakes Tribe being considered aboriginal peoples of Canada. Although the test for an Aboriginal right is the same in all countries, the circumstances of communities outside of Canada can result in different outcomes."

     

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    Thu, 22 Apr 2021 12:00:00 GMT
    <![CDATA[China's treatment of Uyghurs has been declared genocide by British lawmakers]]> China's treatment of Uyghurs has been declared genocide by British lawmakers

    On Thursday, British legislators overwhelmingly called China's ongoing crackdown in Xinjiang a genocide. The United Kingdom has now joined the United States, Canada, and the Netherlands in strongly condemning Beijing's conduct against Uyghurs and other Muslim minorities in the far west.

    Nusrat Ghani, a Conservative senator, proposed the resolution. "While we must never abuse the word genocide, we must not hesitate to use it when it is warranted," she said in her speech. As a result, the House of Commons passed a non-binding resolution condemning "mass human rights violations and crimes against humanity in the Xinjiang Uyghur autonomous region" without opposition. The motion's approval is non-binding, which means the government must determine what step, if any, to take next.

    In recent years, China has been accused of detaining up to 2 million people in a system of camps set up across Xinjiang, with survivors alleging systematic violence such as brainwashing, torture, rape, and forced labour. Beijing continues to defend the scheme as a critical deradicalization and vocational training program for the region's defence.

    When responding to the motion, Rahima Mahmut, Director of the World Uyghur Conference in the United Kingdom, said, "Statements of unity mean a lot, but Uyghurs need them to be backed up with concrete action." "Only by facing the repercussions of its decisions can the Chinese government be deterred from more abuses. The British parliament's universal recognition of this as genocide is a huge achievement for all those who have been raising awareness of these atrocities for years."

    The motion was introduced on Thursday in the midst of rising tensions between the United Kingdom and China, which saw Britain join the United States, France, and the Netherlands in sanctioning Chinese Communist Party officials for human rights violations. The Chinese Ministry of Foreign Affairs announced new sanctions against UK entities and individuals, including Ghani, in response to the motion.

    The motion was strongly opposed by the Chinese embassy in the UK on Friday, which described it as a "blatant intrusion in China's internal affairs."

     

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    Wed, 21 Apr 2021 12:00:00 GMT
    <![CDATA[The Administrative Supreme Court of France is challenging EU data protection legislation]]> The Administrative Supreme Court of France is challenging EU data protection legislation

    On Wednesday, France's Highest Administrative Court (Council of States) issued a decision on the national policy of data protection, which has resulted in a controversy between French and EU rules.

    The decision had been a long time coming, as it explained France's position on data protection policies. Because of the strict approach taken by the Court of Justice of the European Union (CJEU) when interpreting national security exemptions on data retention under the e-privacy Directive, it was hypothesized that France would circumvent EU laws on data retention prior to the Council of States decision.

    The decision came as a relief because it explained France's position on data protection policies. Because of the strict approach taken by the Court of Justice of the European Union (CJEU) when interpreting national security exemptions on data retention under the e-privacy Directive, it was hypothesized that France could circumvent EU laws on data retention prior to the Council of States' decision.

    The Council of States instructed the Prime Minister to comply with the CJEU's criteria in the next six months after determining that the CJEU's interpretation does not clash with the French Constitution's scheme and that the CJEU's solutions for data access by expedited preservation are proper alternatives used by the French Government.

     

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    Tue, 20 Apr 2021 12:00:00 GMT
    <![CDATA[A rally in Japan protesting against an immigration reform bill that imposes refugee restrictions]]> A rally in Japan protesting against an immigration reform bill that imposes refugee restrictions

    On Thursday, a rally in Japan demonstrated widespread opposition to planned immigration reform currently being debated in the National Diet. The proposed reform is seen as tightening Japan's selective refugee system even further.

    Opposition lawmakers and human rights groups such as Amnesty International Japan and Solidarity Network with Migrants Japan attended the march, dubbed "Open the Gate for All," in an attempt to rally support against legislation currently being debated in the Diet. After a third failed asylum claim, the proposed law would allow asylum seekers in Japan to be deported, as well as enact new processes for forcible deportations of people who entered Japan illegally or overstayed their visas.

    Prior to Thursday's protest, an online petition of over 100,000 signatures was gathered and sent to the Diet to express dissatisfaction with the planned amendment. This rally is the most recent in a series of demonstrations in Japan against the planned asylum reform, with the Solidarity Network with Migrants Japan hosting a Diet sit-in on April 16th that drew hundreds of people.

    International criticism has been leveled at Japan for welcoming far fewer refugees than the United States or Europe. In Japan, less than 1% of refugee applications were accepted in 2019.

     

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    Mon, 19 Apr 2021 12:00:00 GMT
    <![CDATA[The Florida House of Representatives has passed a bill protecting consumer data privacy]]> The Florida House of Representatives has passed a bill protecting consumer data privacy

    On April 21, The Florida House of Representatives is expected to pass a Consumer Protection Bill requiring businesses to be transparent about their data collection and use activities. Businesses that collect a customer's personal data will be required to "disclose such details about data collection and sale practices to the consumer," according to the bill, which passed with bipartisan support in the Houses.

    In addition, the bill grants Floridians the ability to sue businesses who misuse their personal information in the marketplace. Selling personal or biometric data "without the customer's permission" and gathering categories of consumer information not defined in the company's data use and privacy policy are examples of misuse. The bill not only allows businesses to enforce fair security measures to protect collected data, but it also gives customers a secure way to request their data back from these businesses at no cost.

    Rep. Anthony Sabatini, the lone Republican in the House who opposed the bill, called it "one of the single greatest regulatory burdens on Florida companies," although many in the legislature believe it is important to improve data privacy and consumer safety.

    The bill is part of a rising wave of "techlash" legislation that is sweeping the world. Some argue that such bills are being introduced in response to concerns about BigTech's dominance over customers and the federal government's alleged inability to react appropriately with effective cybersecurity steps.

    Meanwhile, the Senate's version of consumer data protection law, SB 1734, is still being debated. The Senate bill was scheduled for a second reading on April 9, but it has not passed since.

    The House bill provides a private right of action for (1) some forms of data breaches; (2) failure to remove or correct a consumer's personal information after receiving a verifiable consumer request or instructions to delete or correct from a controller; and (3) failure to delete or correct a consumer's personal information after receiving a verifiable consumer request or directions to delete or correct from a controller.

    The House bill includes a private right of action for some forms of data breaches, failure to remove or correct a consumer's personal information after obtaining a verifiable consumer request or instructions to delete or correct from a controller, and continuing to sell or exchange a consumer's personal information after the consumer has chosen to do so. The bill allows for statutory damages of between $100 and $750 per consumer per incident.

    The state Attorney General's office, on the other hand, will be able to implement the consumer rights contained in the Senate bill. Of course, the same stumbling block that doomed the Washington Privacy Act in 2019, 2020, and (apparently) 2021 is the proper method of compliance. It remains to be seen if Florida lawmakers will work out their differences.

    What we do know is that we'll find out soon after the Florida legislature adjourns on April 30.

     

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    Sun, 18 Apr 2021 12:00:00 GMT
    <![CDATA[The governor of Florida has signed an anti-riot bill into law]]> The governor of Florida has signed an Anti-riot bill into law

    Florida Governor Ron DeSantis signed the HB1 "anti-riot" bill into law on Monday. Individuals that take part in violent demonstrations face harsher punishments under the new legislation, which takes effect immediately. Violent demonstrators will also be convicted and charged with a third-degree crime, punishable by up to five years in jail and the loss of voting rights.

    The local elected officials would be able to appeal spending decisions to the governor's office, making it more difficult for cities and counties to cut funding for law enforcement. The Governor's Office will hold a budget hearing to consider the situation and will present its findings and recommendations to the Administration Commission, which will have the authority to "approve, change, or adjust the municipality's budget." The budget will be final until it has been approved, revised, or changed by the Administration Commission.

    Municipalities must also "allow the municipal law enforcement agency to act adequately to protect persons and property during a riot or unlawful assembly based on the availability of sufficient resources to its municipal law enforcement officers and applicable state and federal laws," according to the law. Municipalities that hinder law enforcement response could face civil penalties under the new law.

    Micah Kubic, executive director of the American Civil Liberties Union of Florida, issued a statement after HB 1 passed the Florida Senate last Thursday, calling it "racist, illegal, and anti-democratic." In addition, he confirmed that he believes "Gov. In a direct assault on the First Amendment and at the expense of Black and Brown people, DeSantis and other legislators want to shut down political expression they disagree with. Finally, Kubic described the bill as a "shame on our state."

     

     

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    Thu, 15 Apr 2021 12:00:00 GMT
    <![CDATA[The French Minister of Justice has proposed a bill that would allow trials to be filmed]]> The French Minister of Justice has proposed a bill that would Allow Trials to be Filmed

    Following a cabinet meeting, Justice Minister Eric Dupond-Moretti announced that cameras would be allowed into courtrooms for the first time as part of changes to the country's justice system.

    The draft bill was introduced by Dupond-Moretti, a lawyer who entered President Emmanuel Macron's cabinet last year. The government hopes it can restore confidence in the courts. "The French public has lost faith in the country's justice system," Dupond-Moretti told reporters. "The hearing's publicity is a strong democratic assurance."

    He cited a survey by the French research institute Cevipof, which found that just 48% of French citizens trust their judiciary, compared to 69 % in Germany and 61% United Kingdom. According to the survey, they believe the French legal system is too slow and ineffective in some criminal cases.

    According to news reports on a draft legislation, magistrates or lawyers would narrate the proceedings in the recordings to help laypeople who are "more accustomed to American television series trials" understand the legalese. "Publicity of the hearing is a great democratic guarantee," said the Minister of Justice. Joel Espel, the first vice-president of the Créteil TGI (Paris Court of Appeal), said when the reform was first proposed,

    "It's a little surprising, strange idea. Until now, in the large judicial community, I had never heard such an idea . . . Filming the trials live would influence their course far too much . . . What strikes us as truly shocking is to open the doors and windows of the courtroom completely, to let in public opinion with its versatility."

    Other amendments included in the draft law include a major overhaul of the penalty mitigation scheme and increased lawyer confidentiality.

     

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    Wed, 14 Apr 2021 12:00:00 GMT
    <![CDATA[The Spanish parliament has approved plans to shield children who have been abused]]> The Spanish parliament has approved plans to shield children who have been abused

    On Thursday, the Spanish Parliament passed a bill aimed at protecting children who have been sexually abused. The bill passed with a landslide vote of 268 in favour of 57 against, with 16 abstentions. The "Rhodes law" aims to protect children and adolescents' constitutional rights to physical, psychological, and moral integrity from all forms of abuse. The law defines protection methods in all areas of their development, including but not limited to awareness, prevention, early detection, protection, and harm reparation.

    It also seeks to protect children through an information and advice scheme, the right to medical treatment, the legitimization of their rights in criminal proceedings if they file a sexual assault lawsuit, and the right to free legal assistance. Children under the age of 18 who are victims of attempted murder, robbery, domestic violence, crimes against liberty, sexual liberty and indemnity, and human trafficking have until the age of 35 to file a report under Article 132 of the Rhodes statute.

    It also proposes amending article 130 of the "Ley Orgánica del Poder Judicial" to lift the criminal liability statute of limitations in situations where the victim is a child or an individual with a disability who requires special protection. 

    Following a public movement led by British pianist and Spanish resident James Rhodes and other charities, the bill was introduced. At the age of 35, Rhodes revealed that he had been abused as a child.

    The bill will now be sent to the Senate for consideration, with a vote scheduled in early June 2021.

    ]]>
    Tue, 13 Apr 2021 12:00:00 GMT
    <![CDATA[The lower house of France has passed a bill to protect minors from sexual offences by increasing the age of consent to 15 years old]]> The lower house of France has passed a bill to protect minors from sexual offences by increasing the age of consent to 15 years old

    The National Assembly, France's lower house of parliament, overwhelmingly passed a bill on Thursday to protect minors from sexual crimes and incest. The bill primarily raises the age of sexual consent to 15 and declares incestual relations with a minor to be rape. Incestual relations are described in France as sexual harassment by relatives. A sexual relationship between a minor and their stepparents would be considered rape under the clause prohibiting incest as rape.

    Adults who have sexual intercourse with a girl under the age of 15 will now face up to 20 years in jail. While the current legislation made it illegal to have sex with a child under the age of 15, it required the child's consent to be prosecuted as rape. Regardless of the victim's age, evidence of "force, danger, aggression, or surprise" was needed.

    The bill's passage aligns France with the majority of Western countries. Minister of Justice Éric Dupond-Moretti described the bill's passage as a "historic move" in a tweet.

    A "Romeo and Juliet" provision would protect intimate sexual relations between partners with a five-year age difference as an exception. This provision was introduced after some legislators raised fears that enacting a blanket law would criminalize legal sexual interactions between children under the age of 15 and adults a few years older. Some lawmakers, however, were against the provision, believing that a five-year age difference was too wide.

    The people who incite children under the age of 15 to commit sexual acts over the internet face up to ten years in jail and a fine of 150,000 euros (approximately $180,000) under the bill.

    In 2018, France made street harassment illegal and began fining criminals. The country also increased the statute of limitations for rape against minors from 20 to 30 years in the same year. However, lawmakers had previously voted against a bill that was identical to the one passed on Thursday.

    The bill has been approved by both houses of parliament.

     

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    Mon, 12 Apr 2021 12:00:00 GMT
    <![CDATA[The United States House of Representatives has passed two immigration bills that would pave the way for millions of people to become citizens]]> The United States House of Representatives has passed two immigration bills that would pave the way for millions of people to become citizens

    On Thursday, the House of Representatives passed two bills that would give millions of undocumented immigrants, including those brought to the country as children and farm workers illegally, a path to citizenship or legal status.

    The bill was mostly approved along party lines, with Democrats voting in favor and Republicans voting against it. The bills are less comprehensive than the comprehensive immigration plan introduced in February with President Joe Biden's support. Even so, they face an uphill battle in the Senate, where they will need 10 Republicans to vote for every Democrat in order to pass. 

    Recent developments have complicated a bipartisan agreement on immigration, which is a top priority for the Biden administration. Republicans also taken advantage of an increase in unaccompanied minors detained at the US-Mexico border to push for stricter immigration compliance.

    Customs and Border Protection has custody of about 4,500 children, the bulk of whom are housed in a facility in Donna, Texas, according to an administration official. More unaccompanied children are being welcomed into the United States under Biden's administration than under Trump's, who quickly deported minors seeking entry into the nation.

    "I can say very clearly: Don't come," Biden said in a televised interview on ABC on Tuesday, adding that "we're in the process of getting set up, don't leave your town, city, or community." Although declining to label the situation a "crisis" or "emergency," the administration has asked the Federal Emergency Management Agency to assist in sheltering and relocating the minors to more humane facilities. An unnamed administration official told reporters on Wednesday that the issue predates the Biden administration and that legislation is required to fix it.

    "This is a government-wide initiative. We are currently handling the situation, but the harm that has been done will take time to repair," the official said. "We will need to collaborate with Congress to pass an immigration bill so that we can introduce and enforce more sensible laws." The American Dream and Promise Act and the Farm Workforce Modernization Act are the two bills that were passed on Thursday.

    The first will primarily affect immigrants covered under former President Barack Obama's 2012 Deferred Action for Childhood Arrivals policy, known as Dreamers. According to the law's founders, some 2.5 million immigrants who arrived in the United States as children will be qualified for a path to citizenship. The bill was approved by a vote of 228 to 197, with nine Republicans joining Democrats in support.

    The second bill will give farm workers who are in the country illegally a path to legal citizenship, which is projected to be at least half of the sector's 2.4 million workers. Any agricultural workers would be eligible for a green card if they paid a fine and stayed in the sector for another four to eight years, depending on how long they had previously worked on farms. It was approved by a vote of 247 to 174, with 30 Republicans voting in favor and one Democrat voting against it.

    The bills aren't as comprehensive as Biden's immigration plan, the United States Citizenship Act of 2021, that would have provided a citizenship pathway for the majority of the country's 11 million illegal immigrants. In recent days, both Democratic and Republican leaders have stated that such a broad initiative would have little chance of winning bipartisan support. Early Thursday, the White House officially endorsed both bills in comments that also urged lawmakers to move ahead with the Citizenship Act.

    Conclusion 

    In statements released early Thursday, the White House officially endorsed both bills and urged lawmakers to move ahead with the Citizenship Act. Recent developments have complicated a bipartisan agreement on immigration, which is a top priority for the Biden administration. Republicans also taken advantage of an increase in unaccompanied minors detained at the US-Mexico border to push for stricter immigration compliance.

     

     

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    Sun, 11 Apr 2021 12:00:00 GMT
    <![CDATA[The most recent information on Georgia's new Legislation Restricting Voting Rights]]> The most recent information on Georgia's new Legislation Restricting Voting Rights

    Background

    The Georgia Senate recently approved a bill restricting voting rights and giving state officials greater control over local elections. Shortly after the bill was passed, the governor signed it. Following defeats in the 2020 presidential election, the battleground state is at the forefront of attempts in GOP-controlled legislatures around the country to introduce tough, new voting restrictions. Georgia's quick intervention, according to voting rights advocates, highlights the need for federal legislation to establish a national standard for voting laws.

    What both sides have to say about Georgia's new voting law - and how it will affect future elections

    Following President Biden's victory in Georgia, the state became the first in the country to introduce new voting limits. Last year, shifting demographics in the state made the long-time Republican stronghold a crucial political battlefield. In November, Joe Biden became the first Democrat to win the state in nearly three decades. In January, high voter turnout helped two Democrats win seats in the US Senate, giving their party control of the house.

    Republicans portrayed Georgia's bill, called The Election Integrity Act of 2021, as crucial to restore confidence in elections following Trump's frequent, unsubstantiated allegations of fraud during the 2020 election. "Georgia will take another step closer toward ensuring our elections are free, open, and fair," Gov. Brian Kemp said of the new law on Thursday.

    Kemp, who is up for re-election next year, defied former President Trump's demands last year to revoke Biden's win, earning Trump's public chastisement. Kemp, on the other hand, said on Thursday that "alarming problems" in the 2020 election highlighted the need for reform. Republican state Rep. Barry Fleming, a primary architect of the new legislation, argued during Thursday's floor debate that it would bring "more transparency" to the state's election process.

    Heritage Action for America officials thanked Kemp, lawmakers, and the 20,000 conservative activists who pressured lawmakers to approve the overhaul. Heritage Action for America is one of the national Republican organizations leading attempts to restrict ballot access in the name of "election fairness." Georgia's new legislation, according to Heritage officials, "makes the state a model for the rest of the world."

    Meanwhile, voting rights activists and state officials say the state's quick action - as well as plans in other Republican-controlled states to enact similar limits - highlights the need for federal legislation to establish a national baseline for voting laws. Fair Fight Action creator Stacey Abrams, a former Democratic gubernatorial candidate in Georgia, said the state's Republicans proved they were bent on "reviving Georgia's dark history with racist voting rules."

    The Georgia bill has undergone significant changes in recent days, evolving from a two-page bill to a comprehensive omnibus package that will be signed into law in just over a week. In an unsuccessful effort to stymie the bill's advancement through the General Assembly, activists and Black religious leaders in the state-organized marches and threatened corporate boycotts.

    Measures that would allow any Georgian to file an unlimited number of objections to voter registration and qualifications have angered advocates, who believe it will target voters of colour. Democrats in the Georgia Senate slammed bills that would oust the secretary of state as chairman of the state elections board and give legislators control of three of the five slots.

    Meanwhile, Biden reiterated his call for Congress to pass voting rights legislation today, saying, "In the twenty-first century, Jim Crow is still alive and well. It has to come to an end." The Georgia bill is part of a broader push by Republican-led legislators around the country to pass restrictive voting laws in key states like Arizona, Michigan, and Florida. According to the Brennan Centre for Justice at New York University, state lawmakers in 43 states had introduced more than 250 bills with restrictive voting clauses as of February.

     

     

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    Thu, 08 Apr 2021 12:00:00 GMT
    <![CDATA[Perspectives on Copyright, Fair Use, and Industry Implications in Google v. Oracle]]> Perspectives on Copyright, Fair Use, and Industry Implications in Google v. Oracle

    The Supreme Court of the United States, putting an end to a decade-long copyright dispute between Google and Oracle, ruled that Google's copying of the Java programming language was not illegal.

    The court (6:2) noted that the API only contained the lines of code required to enable programmers to apply their skills to a new and revolutionary program. Oracle had filed a copyright infringement lawsuit against Google in 2010 over the copied computer code. The Federal Circuit Court ruled in Oracle's favour, prompting Google to appeal to the Supreme Court.

    The court began by assuming that the entire Sun Java API falls within the scope of what can be copyrighted, and then considered whether Google's use of a portion of that API was a "fair use." The Court looked at the four factors mentioned in the fair use clause of the Copyright Act: the essence of the copyrighted work; the intent and character of the use; the size and significance of the component used in comparison to the entire copyrighted work; and the effect of the use on the potential market

    "Google copied about 11,500 lines of declaring code from the API, which is nearly all of the declaring code needed to call up hundreds of different tasks." However, those 11,500 lines make up just 0.4 percent of the API in question, which has a total of 2.86 million lines.

    The 11,500 lines of code should be regarded as a small part of a much larger whole when considering "the volume and substantiality of the portion used" in this case. The copied lines of code are inextricably linked to other lines of code that programmers can access as part of an interface. These lines were copied by Google not because they were clever or beautiful, but because they would enable programmers to apply their knowledge to a modern smartphone computing world. "Where, as here, the amount of copying was tethered to a legitimate, and transformative, intent, the "substantiality" factor would generally weigh in favour of fair use," the court said.

    When overturning the Federal Circuit's decision in favour of Oracle (that the section is copyrightable and Google's copying was not a "fair use"), the court noted:

    Since computer programs are largely functional, conventional copyright concepts are difficult to implement in the technical environment. The Court concludes that Google's copying of the API to re-implement a user interface, taking only what was required to enable users to put their accumulated talents to work in a new and revolutionary program, constituted a fair use of that material as a matter of law, applying the standards of the Court's precedents and Congress' codification of the fair use doctrine to the distinct copyrighted work here. The Court does not revoke or change its previous decisions concerning fair use in drawing this conclusion.

    The court also stated that Google copied only what was required to enable programmers to work in a new computing environment without having to abandon a portion of a well-known programming language. "Google's goal was to develop a new task-related framework for a new computing world (smartphones), as well as a platform-the Android platform-to support and popularize that goal. The evidence shows that incorporating an interface will aid in the creation of computer programs in a variety of ways. "Google's goal was therefore compatible with the artistic innovation that is the fundamental constitutional goal of copyright," it said.

    In his dissent, Justice Thomas stated that three of the four statutory fair-use considerations weigh heavily against Google. Since holding otherwise would unlawfully circumvent Congress' decision that code is copyrightable, the existence of the copyrighted work-the sole factor potentially benefiting Google-cannot by itself justify a determination of fair use, the judge said.

     

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    Wed, 07 Apr 2021 12:00:00 GMT
    <![CDATA[India's new Internet rules are a move toward 'Digital Authoritarianism,' according to a new study]]> India's new Internet rules are a move toward 'Digital Authoritarianism,' according to a new study

    The new laws, which were enacted by executive order in late February, grant the Indian government a slew of new powers that will require tech firms and news organizations to comply with government surveillance and censorship demands. 

    The rules put more pressure on U.S. tech companies like Facebook, Twitter, and WhatsApp to comply with an increasingly authoritarian Indian government, according to the letter's authors, or risk losing access to India, their largest market in the world, which many see as critical to future development.

    The new rules had been in the works for years, but they were only published in the midst of an escalating Indian farmer protest movement that drew national and international attention. The Indian government clashed with Twitter in February over the company's refusal to delete hundreds of posts by activists and politicians about the demonstrations, which the company said were covered by the First Amendment. After the Indian government threatened Twitter workers with jail time, the majority of the tweets were re-blocked.

    India's new rules come at a time when Western governments are threatening to censor tech platforms over content such as hate speech, disinformation, and incitement to violence. The Indian laws, however, are more troubling, according to the open letter, since they are part of a broader movement toward "digital authoritarianism," which involves Internet shutdowns and journalist arrests. While the Indian rules have valuable provisions, such as requiring accountability when user content is deleted, they lack specific mechanisms for tech firms to oppose potentially unconstitutional government demands.

    The laws, according to the Indian government, are intended to avoid "abuse and misuse" of social media. In a March 17 letter to TIME, a representative of India's Ministry of Electronics and Information Technology wrote, "The new rules aim to empower users of social media by requiring these sites to put in place a robust public grievance redressal mechanism." "With the underlying premise of self-regulation to ensure compliance with established Indian rules, it puts digital media outlets on par with print and electronic media."

    Under the new regulations, digital publications will be subject to government-run commissions, which will have the authority to prohibit articles from being published, remove stories, and even shut down entire websites. Reporters Without Borders, a non-governmental organization that promotes press freedom around the world, was one of the ten signatories to the open letter on Thursday.

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    Tue, 06 Apr 2021 10:28:00 GMT
    <![CDATA[Important Tax Changes in the New COVID Relief Law for Individuals]]> Important Tax Changes in the New COVID Relief Law for Individuals

    The most recent COVID-19 relief legislation passed by Congress (American Rescue Plan Act of 2021) provides several substantial new tax breaks that will favour the vast majority of American taxpayers in 2021:

    Approximately 90% of Americans will receive a second stimulus check.

    The child tax credit will be expanded for most families with children, as well as a greater credit for childcare expenses, and individuals who earned unemployment insurance in 2020 will not be taxed on a portion of their benefits.

    As a result of these changes, the IRS will begin paying you money on a monthly basis in 2021.

    10,200 in 2020 Unemployment Payments Are Tax Free

    Due to the mass layoffs triggered by the COVID-19 pandemic, nearly 40 million Americans will be unemployed in 2020. Normally, all unemployment benefit benefits you collect from the state unemployment agency are subject to income tax. You may request that the state unemployment agency deduct 10% of your pay checks for certain taxes, but few people do so. As a result, many unemployed people obtain an unexpected tax bill when they file their taxes the next year.

    Unemployment contributions of up to $10,200 are tax-free under the new legislation, but only for 2020. Simply put, you don't declare them as revenue on your tax return. This will save you up to $1,020 even though you pay income tax at the lowest rate of 10%. If you and your partner have lost their jobs in 2020, you will each earn $10,200 tax-free, for a total of up to $20,400.

    This tax-free advantage, however, is only available if your household income (adjusted gross income) is less than $150,000 (not including up to $10,200 in unemployment benefits or $20,400 for spouses).

    Child Dependent Care Credit

    This is a tax credit intended to assist families with the costs of childcare, such as daycare, babysitting, and nursery school. To get the credit, you must pay for these expenses. The credit is equivalent to 35 percent of childcare costs up to $3,000 for one child or $6,000 for two or more children under the standard laws. However, the credit is decreased by 1% for every $2,000 in household income above $15,000, up to a maximum of 20%

    The child dependent care credit will be increased to 50% of childcare costs up to $8,000 for one child and $16,000 for two or more under the new legislation, but only for 2021. In addition, for every $2,000 of household income above $125,000, the credit is decreased by 1%. Until the household income exceeds $400,000, the credit percentage cannot be reduced below 20%.

    Expansion of Earned Income Tax Credit

    The EITC (earned income tax credit) is a financial aid program for the working poor. The value of this completely refundable credit is determined by the size of your family and your wages. When a family's income reaches $21,920 for joint filers and $14,820 for most other taxpayers, the credit is completely phased out.

    The new legislation expands the EITC by allowing recipients to receive up to $10,000 in investment income while still being eligible for the credit. It also extends credit for adults without children in a scientific way. The childless EITC sum rises from $543 to $1,502 in 2021. In addition, childless persons as young as 19 will apply for the EITC for the year 2021.

    Forgiven Student Loans Are Tax-Exempt

    Taxpayers who have their student loans forgiven for whatever reason will not have to pay income tax on the forgiven sum (the amount they don't have to pay back) from 2020 to 2025. Previously, forgiven student loans were taxable income unless they were forgiven for specific circumstances, such as the borrower's death or disability. The new law extends to both privately and publicly subsidized student loans

     

     

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    Sun, 04 Apr 2021 12:00:00 GMT
    <![CDATA[The US House of Representatives has supported immigration bills for Dreamers, Farm Workers]]> The US House of Representatives has supported immigration bills for Dreamers, Farm Workers

    President Joe Biden signed a memorandum enhancing the Deferred Action for Childhood Arrivals (DACA) program on his first day in office. His administration has given more people from Venezuela and Burma Temporary Protected Status (TPS). President Biden built on this by proposing comprehensive immigration reform, including a path to citizenship for DACA (or Dreamers) and TPS recipients, as well as the 11 million undocumented immigrants still living and working in the United States. However, finding enough bipartisan support to pass comprehensive immigration reform is a long shot. As a result, the administration has implemented a "multiple trains" strategy to transfer specific parts of the agenda forward.

    The American Dream and Promise Act ("Dream Act") and the Farm Workforce Modernization Act ("Farm Act") were both passed by the House on March 18, 2021. The Dream Act will grant Dreamers, certain TPS recipients, and Deferred Enforced Departure (DED) recipients, a total of two million people, a path to citizenship. The bill passed the House with a bipartisan vote of 228 to 197. The Farm Act was approved by a greater bipartisan margin of 247 to 174.

    It will offer conditional legal status to undocumented farmworkers who pass background checks and pay a $1,000 fine. This status could be continued indefinitely as long as the person continues to work on a farm. Long-term migrants would have a route to permanent residency, the H-2A visa process would be streamlined, new wage requirements would be implemented, and agriculture would be required to use E-Verify.

    The COVID-19 pandemic highlighted the vital existence of many DACA, TPS, and DED beneficiaries' work, especially in healthcare, as well as undocumented workers' work, particularly in agriculture, ranching, and the dairy industry. Regardless, some Senators are concerned about legalization, refugee plans, and the rise of people detained at the southern border.

     

     

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    Thu, 01 Apr 2021 12:00:00 GMT
    <![CDATA[Saudi Council of Minister approves the Insurance of the Privatisation Regulation]]> Saudi Council of Minister approves the Insurance of the Privatisation Regulation

    Via Council of Ministers Resolution No. (308) dated 18/07/1437 AH (25/04/2016 AD), the Saudi Arabian government declared its "Vision 2030" proposal ("Vision 2030"). Vision 2030 encapsulates plans and development projects for the Kingdom's economy, culture, and legal system to be transformed. Crown Prince Muhammad Bin Salman's Council of Economic and Development Affairs ("CEDA") approved the "Privatization Program (Delivery Plan 2020): A Saudi Vision 2030 Realization Program" in April 2018. (the "VRP"). Regulatory reforms are crucial to their successful implementation.

    The National Centre for Privatization ("NCP") was created with the goal of facilitating the privatization program by assisting in the development of legislation, the creation of a strategic structure for privatization, and the preparation of government assets and services for privatization. The NCP recently completed a draft of the Privatization Law (the draft Privatisation Regulation). In July 2018, it was made available for public comment. Since then, the market has been waiting for the new Privatization Regulation to be issued (the "PR")

    The new Privatization Legislation and related resolutions have been issued.

  • Resolution 436 of the Council of Ministers, dated 03/08/1441 AH (17/03/2021 AD), implemented a range of crucial institutional reforms in the field of privatization that were expected in the sector. The aim of these reforms was to modernize and update the regulatory framework that governs privatization. It also explained the Kingdom's privatization regulatory and strategic plans, repealing a number of older decrees and policies and reiterating the plans placed in place under Vision 2030
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    Wed, 31 Mar 2021 12:00:00 GMT
    <![CDATA[Update on Mexico's Electricity Industry Law: Foreign Investor Remedies]]> Update on Mexico's Electricity Industry Law: Foreign Investor Remedies

    On March 10, 2021, a Decree amending Mexico's Electricity Industry Law went into effect. The Decree nullifies the energy market liberalization reform of 2013-2014, which sought to attract private investors to Mexico's energy sector by putting a premium on low-cost power generation, confirming President Andrés Manuel López Obrador's ambitions to "rescue" the country's energy sovereignty. It has, however, been criticized by a number of national and international actors, including the Mexican Bar Association, which claims that its consequences could jeopardize Mexico's international obligations, among other things.

    The energy companies in Mexico will be the first to be impacted by the Decree, but they will not be the only ones. Financial institutions that have invested in such ventures, whether by loans or other financial instruments, are likely to suffer a negative impact as a result of the Decree. Since the Decree is expected to raise electricity prices, it will most likely have an effect on investments in other non-energy-related sectors, such as manufacturing.

    Remedies available for the private businesses affected by the Decree

    Local Remedies- Affected businesses have 30 days to file a Constitutional Appeal Action under Mexican law. Investors in the energy sector may also request an injunction to prevent the Decree from being enforced. A federal judge imposed an injunction on March 18, 2021, blocking the Decree's effects.

    Investor-State Dispute Resolution- Mexico is a signatory to over 40 bilateral and multilateral treaties that grant foreign investors important rights in the country. Many of these treaties enable foreign investors to have their disputes with Mexico arbitrated. International companies that are affected should also recognize the privileges given to them in their contracts with Mexico or its organs if any.

    Key Takeaways

  • The Decree amending Mexico's Electricity Industry Law, which was recently issued, is expected to have a major effect on foreign companies investing in Mexico's energy market.
  • Investors in Mexico should evaluate whether and to what extent the Decree would affect them.
  • Although the Decree's effects are currently halted by a federal court injunction, it's uncertain if Mexico's federal circuit court will enforce the injunction and its implications on third parties. Businesses who have been affected will benefit from filing a complaint in Mexico's domestic court system. Since Mexican law allows affected businesses to appeal the Decree in local courts for a 30-day span, time is of the essence.
  • International investors should take advantage of the investment arbitration system's guarantees, which have proved to be an important dispute settlement tool in the past when energy reforms have harmed foreign investors' interests.
  • To avoid foreign investors, potentially losing their legal rights, domestic and international prosecutions should be coordinated.
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    Mon, 29 Mar 2021 09:46:00 GMT
    <![CDATA[In the United Kingdom, there is a temporary cap on the duration of a winding-up petition until June 30th]]> In the United Kingdom, there is a temporary cap on the duration of a winding-up petition until June 30th

    The immediate limits on legislative demands and winding-up petitions will be extended from 31 March to 30 June 2021, according to a statutory instrument filed yesterday. From 30 April to 30 June 2021, the temporary suspension of wrongful trading liability will be extended. This comes after the 10 March announcement that the bans on business evictions and tenants using Industrial Rent Arrears Recovery will be extended.

    The extension of these temporary insolvency provisions was widely anticipated, given the recent extensions of other government Covid-19 support initiatives. While the government billed the most recent extension of the winding up restrictions to 31 March 2021 as the final extension, it was revealed in early December, before the discovery of the current Covid-19 version and the implementation of the third lockdown.

    While the winding-up restrictions were designed to protect corporate tenants during a temporary lock-down, they now extend to all businesses in all industries, regardless of their financial viability. And the very important suppression of normal insolvency levels increases with each extension. According to the Insolvency Service's most recent quarterly figures, the overall amount of business insolvencies in 2020 will be at its lowest level since 1989. Insolvency levels are likely to stay low before insolvency and other government support programs are phased out, leaving the economy burdened with an increasing number of 'zombie' businesses.

     

    As we stated in our September Thought of the Month, the temporary winding-up restrictions are having a far-reaching impact on the real estate investment chain. According to the British Property Federation, gross commercial property rent arrears arising from the Covid-19 crisis and the limitation of landlord remedies could exceed £7 billion by the end of June.

    When these steps expire (as they must), the government would have to strike a delicate balance. The government has announced that, as part of the extension of the ban on business evictions, it will open a call for evidence that will include potential measures that the government might take after 30 June to support tenant-landlord negotiations. "From a staggered elimination of current protections to legislative alternatives aimed at those companies most affected by Covid-19," according to the plan.

    The specifics of this are eagerly awaited. A more complex approach that offers tapered assistance where it is justified while still beginning to address the issues that insolvency limits and the ban on business evictions have created must be the path forward.

     

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    Sun, 28 Mar 2021 12:00:00 GMT
    <![CDATA[U.S. seeks input on licensing rules for information tech security]]> U.S. seeks input on licensing rules for information tech security

    Over the objections of US business groups, the US Commerce Department authorized a regulation released by then-President Donald Trump in January to take effect on Monday.

    The Commerce Department released provisional final rules aimed at resolving information and communications technology supply chain issues posed by China, Russia, Iran, North Korea, Cuba, and Venezuela just days before Trump left office in January.

    Commerce must follow licensing or other pre-clearance procedures by May 19, according to the regulation.

    The law, according to the US Chamber of Commerce and other business organisations, gives the US government "nearly unrestricted authority to interfere in practically any commercial transaction involving technology between US companies and their foreign counterparts, with little to no due process."

    The Commerce Department announced last week that it had issued subpoenas on many Chinese companies that provide ICTS services in the US to see if they posed a national security danger.

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    Thu, 25 Mar 2021 12:00:00 GMT
    <![CDATA[FCA: A Move Towards Diversity and Inclusion Enforcement?]]> FCA: A Move Towards Diversity and Inclusion Enforcement?

    Nikhil Rathi, the FCA's(Financial Conduct Authority) CEO, talked about why diversity and inclusion are regulatory issues at the presentation of the HM Treasury Women in Finance Charter Annual Review last week.

    Mr Rathi made a convincing argument for inclusion in all forms, including race, sexual identity, disability, and social history, at an event focused on gender equality. Diversity has a good business argument, according to evidence. According to McKinsey report, organizations with the most diversity are 35 percent more likely to outperform those with the least diversity. Diversity not only increases a company's efficiency, but it also decreases the risk of wrongdoing. Lack of diversity in firms raises concerns about the firm's ability to effectively respond to the needs of its customers (particularly the most vulnerable) and increases behavior risk; firms that do not represent community risk delivering inadequate service to diverse populations. Diversity and inclusion become regulatory concerns at that point.

    The FCA is leading by example in terms of diversity and inclusion as an employer; it has set ambitious goals and is committed to increasing the diversity of its workforce and ensuring an inclusive community. As a regulator, the FCA also wants the companies and industries it regulates to follow suit. The FCA and the PRA are collaborating to formalize their legislative approach to diversity and inclusion so that their priorities are transparent. Firms and their senior executives should expect the FCA to ask more difficult questions about equality in their organizations, as well as whether their workplace is transparent and welcoming, and whether it offers a healthy environment for colleagues at all levels. Finally, the FCA views diversity and inclusion as a matter of justice as well as a critical way to improve customer outcomes.

    Mr Rathi cautioned that if the FCA does not see changes in senior-level diversity and clearer solutions to its diversity and inclusion concerns, it will decide how to effectively employ its powers. The FCA has supervisory capabilities at its disposal, such as extending the scope of senior manager applications to include awareness of management team diversity and the inclusiveness of the management community they build. The workings of capital markets must also be investigated, including whether diversity criteria can be included in premium listing regulations.

    While the particulars on what the FCA and the PRA(Pruduntial Regulatory Authority) plan in terms of diversity and inclusion are yet to be seen, it is obvious that this topic is creeping up the regulators' priority list, and companies and their senior managers can follow suit if they haven't already.

     

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    Wed, 24 Mar 2021 12:00:00 GMT
    <![CDATA[Bill of Law No. 7791 - Application of the ban on financial aid to private limited liability companies: an end to the present legislative ambiguity?]]> Bill of Law No. 7791 - Application of the ban on financial aid to private limited liability companies: an end to the present legislative ambiguity?

    The Luxembourg Chamber of Commerce approved on March 18, 2021, the bill of law no 7791, which was sent to the Luxembourg Parliament on March 16, 2020, and which seeks to amend Article 1500-7 of the Luxembourg law on commercial companies dated August 10, 1915, as amended (the "Companies Act") in order to clarify the application of the financial assistance ban.

    The Bill of Law No. 7791's Background

    Via the application of article 23 subsection (1) of Directive 77/91/CEE, as amended by article 1 paragraph 4 of Directive 2006/68/CE1, provisions relating to financial aid have been incorporated into domestic legislation (current article 430-19 of the Companies Act).

    Public companies (sociétés anonymes), condensed joint stock companies (sociétés par actions simplifiées), associations limited by equity (sociétés en commandite par actions), and European companies (sociétés européennes) are prohibited from offering financial support to third parties for the purchase of their own shares under Article 430-19 of the Companies Act2.

    Non-compliance with this prohibition has legal ramifications, as stated in Article 1500-7 of the Companies Act: "Any person who, in his or her capacity as a director, auditor, manager, or member of the supervisory committee of a company, knowingly extends loans or advances using company funds with the intent of financing the acquisition of such company's own shares or units, or grants a pledge over such company's own shares or units, or grants a pledge over such company's own shares or units

    The expansion of the financial aid ban to S.à r.l.s was discussed during the revision of the Companies Act in 2016. Finally, this extension was not included – at least not expressly – in the legislation amending the Companies Act on August 10, 2016.

    There is a lot of uncertainty about the amended Article 1500-7.

    However, owing to certain leftovers in the amended Article 1500-7 relating to notions unique to S.à r.l.s, some clinicians believe that financial aid restrictions apply to S.à r.l.s, or at the very least that it cannot be ruled out that S.à r.l.s are not removed from such prohibition. The main arguments are that I Article 1500-7 2° of the Companies Act expressly refers to parts sociales, which designates the shares issued by a S.à r.l., and (ii) the general rationale behind the financial assistance prohibition is to preserve the integrity of the share capital in the interests of both the company's shareholders and creditors, and that this security should equally apply to both the company's shareholders and creditors.

    A welcome clarification from the legislator

    Practitioners view the reference to "sections sociales" in Article 1500-7 2° of the Companies Serve as a clerical mistake on the part of the legislator, a holdover from previous debates about whether or not to subject the S.à r.l to the financial assistance regime. Since Article 1500-7 is a penal provision, it should be treated narrowly, and it is highly doubtful that it was meant to apply to the S.à r.l.

    The passage of Bill of Law 7791, which would exclude references to "sections sociales" from the provisions of Article 1500-7 of the Companies Act, would be a good clarification from the legislator and would bring an end to the debates. Getting explicit assurance that the ban on financial aid would not extend to S.à r.l.s. would certainly promote private equity investments and associated takeover financings. Participants will know that a target company can give protection over its assets to protect the purchaser's bank debt to fund the acquisition of the target's shares.

     

    ]]>
    Tue, 23 Mar 2021 12:00:00 GMT
    <![CDATA[Ten points to consider about EU and UK sanctions on Myanmar]]> Ten points to consider about EU and UK sanctions on Myanmar

    Overview

    The February 2021 coup in Myanmar has raised a number of complex legal, economic, and ethical issues to foreign investors who flocked to the country as it pushed toward democracy.

    The problem of sanctions is one of the most critical of these. Sanctions against Myanmar have been levied by the United Nations, the European Union, and the United Kingdom. These have been revised to address new changes by the United States, the European Union, and the United Kingdom. More limits could be imposed in the coming weeks and months.

    Though US sanctions are often at the forefront of investors' minds due to their international scope and compliance, EU and UK sanctions can also be directly applicable.

    This briefing examines some of the substantive issues that investors should think about.

    1. Are there any sanctions that extend to investors?

    In most sanctions analyses, the first issue is generally which sanctions exist as a matter of law. To the extent applicable, the EU sanctions on Myanmar extend within the EU's jurisdiction to any natural individual who is an EU citizen, any legal entity formed or established under the law of an EU member state, and any legal entity in respect of any company conducted entirely or partially within the EU.

    Sanctions levied by the United Kingdom extend both within the United Kingdom and to actions by UK residents outside the United Kingdom. The United Kingdom has issued guidelines on what constitutes a "UK nexus," outlining the situations under which the UK Financial Sanctions Authority (OFSI) believes UK sanctions would apply.

    2. Don't forget the contractual sanctions clauses.

    It is not unusual for parties that would not otherwise be required to comply with EU or UK sanctions to consent – at least to some degree – to do so in loan arrangements or commercial contracts.

    These clauses should be closely examined by investors. This could be (a) confined to undertakings not to use funds obtained from Myanmar transactions that would be in violation of sanctions to repay loans, or to use loan proceeds for activities that would be in violation of sanctions, or (b) of broader scope. Failure to follow these guidelines could result in a contract violation or case of default.

    3. Assigned individuals: be mindful of who you're working with.

    Certain natural persons have been identified as sanctions targets by both the EU and the UK. This ensures that anyone subject to EU or UK sanctions must (a) freeze the assets of certain named entities and (b) refrain from providing them with funds (which is a vague term that includes items like stocks, bonds, and some contractual rights) or economic capital. While licenses authorizing the use of frozen properties can be applicable under some cases, they must be applied for and may usually not aid transactions with, or for the benefit of, designated individuals.

    Both new and former counterparties should be thoroughly screened to ensure they are not on any sanctions lists.

    4. The responsibility should not stop there: there is still the question of possession and management to consider.

    Asset freezes and prohibitions on the supply of funds and economic services to companies owned or operated by identified individuals are extended by both the EU and the UK sanctions. According to EU guidelines, the criteria for determining ownership is whether a specified individual holds 50% or more of the entity's exclusive rights or has a controlling stake in it. The power to select a majority to a Board or supervisory body, the right to manage a plurality of shareholders' interests, or the ability to exert superior leverage over an individual are all requirements used to establish ownership. Real possession or influence should be refuted in any case on a case-by-case basis.

    If one (or both) of the following requirements are met in the UK, an individual is owned or managed directly or indirectly by a specified person:

  • The appointed individual owns (directly or indirectly) more than 50% of the entity's shares, 50% of its voting rights, and/or the power to name or withdraw a majority of the entity's board of directors; and
  • Under all the conditions, it is rational to assume that the chosen individual will (if he/she chose to) be able to obtain the outcome that the entity's relations are handled in compliance with his/her wishes, in certain situations or in substantial ways, by whatever means, and whether directly or indirectly.
  • Both of the EU and UK sanctions regimes has ownership and control rules that are broadly consistent. The problem is especially acute in Myanmar, where there is a strong association between members of the ruling military elite (who have been targeted by UK and EU sanctions and could be targeted further) and large military-owned industrial conglomerates with interests in a wide variety of commercial sectors. These conglomerates, Myanmar Economic Corporation (MEC) and Myanmar Economic Holdings Limited, may have joint ventures or trading partnerships with foreign investors (MEHL). As a result, investors will need to consider whether their counterparties are owned or operated by Myanmar military leaders who are subject to sanctions, and therefore come under the scope of EU or UK sanctions.

    5. Economic embargoes in addition to financial controls

    While asset freezes and named entities receive the most coverage in EU and UK sanctions, trade bans are also important and may influence commercial parties.

    Combat products and technology, dual-use goods and technology, goods and technology that may be used for domestic repression, and goods and services related to surveillance and interception of telecommunications in Myanmar are all prohibited under EU and UK sanctions. Significantly, providing technical assistance, armed personnel, financial services or funds, or associated brokering services to or for the benefit of the Tatmadaw (the Myanmar army) (or persons acting on its behalf or under its direction) where such provision relates to military activities, or otherwise enables or facilitates the conduct of armed hostilities, is prohibited in Myanmar. Because of the broad scope of this clause, it may include operations that aren't normally associated with Myanmar's military.

    It's likely that new trade limits will be introduced. In previous sanctions regimes, both the EU and the US threatened particular sectors important to Myanmar, such as steel, wood, and precious and semi-precious stones.

    6. Sanctions change fast, but reports and risk evaluations can be updated on a regular basis.

    Geopolitics, as well as states' diplomatic and defense policies, affect the content of sanctions. Sanctions can shift rapidly, particularly in fast-paced situations. Sanctions may be extended to designated individuals, and limits may be tightened.

    Investors should keep their evaluations and risk assessments up to date at all times, and be aware that identified persons subject to sanctions can transfer assets to avoid the scope of EU and UK sanctions. This risk can be mitigated by doing a rigorous ethics due diligence exercise.

    7. What happens if sanctions ban contract-required activities?

    Contractual responsibilities and penalties invariably have a complex relationship. Sanctioned parties can depend on statutory force majeure clauses, particular contract provisions dealing with sanctions' implications, or the general legal situation, such as force majeure or supervening impediment articles in Civil Codes. A main concern is whether the party seeking contractual redress is behaving under a moral or substantive duty not to bargain with its counterparty, or simply whether it does not want to deal for financial or reputational purposes. To decide if contractual relief is possible, a thorough examination of the contractual or legal clause relied upon to suspend performance is required. While force majeure is often the first port of call for investors, those protections do not work as well as investors have hoped in the case of sanctions. The situation in Myanmar serves as a timely warning that when negotiating acquisitions in highly risky jurisdictions, investors should consider including "exit plans" in contracts.

    8. What happens if a side wants to comply with prohibitions but is sued by its counterparty for breaching them?

    According to EU sanctions on Myanmar, "the freezing of funds and economic resources, or the refusal to make funds or economic resources accessible, carried out in good faith on the basis that such action is in accordance with EU law, shall not give rise to any liability of any kind on the part of the person implementing them, or its directors or employees, until it is shown that the funds and economic resources are frozen in accordance with EU law, shall not give rise to any liability of any kind on the part of the person implementing them, or Similarly, the UK's Sanctions and Anti-Money Laundering Act 2018 (under which the Myanmar sanctions were imposed) states that an individual is not liable to civil action for actions committed (or not done) in the fair expectation that they are compliant with UK sanctions regulations.

    Of note, these safeguards are only useful if a commercial dispute is taken to a court or tribunal that finds itself bound by EU or UK statute (as applicable). Attempting to rely on the provisions of a Myanmar court, for example, might not be effective.

    9. Will banks and financial institutions place limitations on current loan arrangements in relation to Myanmar?

    Nothing prevents banks and financial institutions from agreeing to Myanmar-related conditions in loan agreements retroactively. However, once creditors consent, banks are unlikely to be able to enforce those limits unilaterally. Dealings with countries subject to so-called comprehensive or country-wide sanctions are often restricted in loan agreements. However, at the moment, Myanmar is not included on this list (which includes Iran, North Korea, Cuba, Syria, and Crimea/Sevastopol – countries threatened by the US for especially broad restrictions), but this may change.

    10. Investment Pact Protections: Beyond Sanctions

    Apart from tariffs, foreign investors may want to look at another area of international law: investment treaties. Myanmar has a host of investment deals in place with Korea, Japan, Thailand, and China, among others. In addition, it is a signatory to the ASEAN Comprehensive Investment Agreement.

    Expropriation, unequal or unjust treatment, or a refusal by government officials to protect and maintain investors' assets may all be covered by investment treaties. International securities arbitration tribunals will be able to hear award cases if treaties allow it.

     

     

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    Mon, 22 Mar 2021 12:00:00 GMT
    <![CDATA[Legal action against UK Home Office over child asylum seekers]]> Legal action against UK Home Office over child asylum seekers

    It has been revealed that child asylum seekers in the United Kingdom have been placed in adult accommodation and threatened with deportation after being mistakenly assessed as adults by Home Office staff.  Lawyers claim that the department's new policy of hiring its own social workers to conduct age assessments on children has resulted in them being misclassified as adults. On this policy, legal action has been taken against the Home Office.

    According to lawyers, the department's immigration officials incorrectly assessed some children as being over 25 when they arrived in the United Kingdom.

    Asylum seekers over that age are not subjected to any age screening and, in some cases, are detained, facing deportation.  After being mistakenly judged to be an adult by Home Office immigration officials, a Sudanese teenager was wrongfully arrested for over a month and threatened with deportation in October 2020. After legal intervention, the adolescent was referred to children's services.

    Experts have considered placing children in adult services to be an exploitation and safety risk. "Putting these children in situations where they are clearly at risk of harm is a significant breach of the duty to safeguard and promote the welfare of children," Naomi Jackson of Social Workers Without Borders said.

    A child was arrested for four days and then moved to a hotel with other adults for over a month before being transferred to local authority care after a legal charity became involved.

     

    ]]>
    Sun, 21 Mar 2021 12:00:00 GMT
    <![CDATA[Legal Update: Kalifa Review - A revolution for FinTech?]]> Legal Update: Kalifa Review - A revolution for FinTech?

    The government also released a study on FinTech in the United Kingdom, which includes several important and far-reaching recommendations for the financial services sector. Finally, the analysis explores how the UK will consolidate its place as a world pioneer in FinTech whilst stopping innovation and money from fleeing to other jurisdictions (yes, in light of Brexit!). The initiatives are aimed at bolstering the UK fintech ecosystem by building a pro-innovation regulatory climate, making the UK an enticing location for experts in the sector to research and function, enhancing opportunities for the UK's private and public capital markets to promote domestic development and expenditure (rather than searching for more hospitable offshore venues), and placing UK FinTechs at the forefront of the industry. The suggestions are both welcome and essential. They draw on existing FinTech trends in the industry. Now is the time to put the plans into action. To the nation...

    Foreground

    Chancellor Rishi Sunak declared in the 2020 Budget that the government will conduct a study of the UK FinTech market. The study, headed by Ron Kalifa OBE, was released in July 2020, and the report identifies focus areas for business, regulators, and policymakers. It provides a range of guidelines on how the UK should draw on its current strengths and establish a solid regulatory structure.

    The study examines the UK's significant growth and advancement in FinTech, as well as the position that legislative measures such as the FCA's regulatory sandbox and the Bank of England's New Start Up Unit have played in transforming the country into a FinTech hub. Brexit, competitiveness, and the COVID-19 pandemic are three large threats to the UK's role that must be tackled, according to the study. It notes that foreign centers are attempting to duplicate the UK's popularity and that Brexit has generated regulatory confusion. COVID-19 has also increased global digital acceptance, according to the study. It demands urgent intervention in the following areas: employment, commerce, inclusion, and recovery. A collection of guidelines and sub-recommendations follow. We'll have a peek at the most important ones below.

    Finance, Innovation, and Technology Centre

    The study suggests that the Centre for Finance, Creativity, and Technology be created. The following are some examples of indicative targets:

  • Increasing the pace of FinTech adoption;
  • The number of SMEs are relying on outside capital;
  • Doubling the number of FinTech unicorns based in the United Kingdom;
  • Growing the number of FinTech companies listed on the LSE;
  • Growing the number of employees in the FinTech sector; and
  • FinTech market share in the United Kingdom is growing.
  • SME financing: a coalition

    The study argues that alternative providers outside existing banks are needed, and that strategies that better adapt to the real finance needs and characteristics of different SMEs are needed. It notes that the alliance would use applied analytics and data science to assess development obstacles and build proofs of concept for innovative products, among other items.

    FinTech policy in its entirety

    The study argues for a holistic FinTech approach that covers a broad variety of problems, including cross-sectoral issues that aren't relevant to financial services (such as data). The plan, according to the paper, should have specific goals, steps, and timeframes. According to the paper, the government should consider whether some primary areas should be listed for special attention. It notes that these priority areas may be unique sub-sectors (for example, cyber security) or subjects (e.g. financial inclusion).

    Kit for Digital Finance

    In view of Brexit and the EU's own Digital Finance Package, the study argues for a UK digital finance package (see our briefing here). The existing regulatory system is defined in the study as "vertically-focused," with a lack of consistency in mandates, policy direction, and objectives. It recommends a legislative system that allows cross-cutting topics like digitization to be organized.

    Main features of the UK Digital Finance Package

  • It's all about the data. This will include a government-created digital ID confidence system that would involve, among other items, a business digital ID.
  • Establish and incorporate a set of universal data specifications. The study argues that universal data standards are important, and that improvement in the coverage and acceptance of financial data standards must be made.
  • Smart data can be prioritized. According to the paper, this can be accomplished by using a "citizen-centric strategy" that allows users to use, exchange, and remove their data access. The study recommends a cross-sectoral approach to Smart Data, as well as mandating data exchange inside and across industries (such as Open Banking) and helping to advance Open Finance as a mandated regime.
  • Artificial Intelligence (AI) is a term that refers to a The study advises that the regulatory ramifications of AI be addressed, as well as clarity about how the PRA and FCA laws can be implemented in the light of AI on topics such as transparency and responsibility.
  • The Digital Money of the Central Bank. A Central Bank Digital Currency (CBDC), according to the paper, could aid in the implementation of emerging technology (such as blockchain) in financial services. The study explores the advantages of both a retail and wholesale CBDC and recommends a hybrid model.
  • Assisting in the digitisation of the Financial Markets Infrastructure. This, according to the study, can be achieved by: entirely dematerializing shares in compliance with the Central Securities Depositories Regulation (CSDR); updating the CSDR, Financial Collateral Regulation, and Settlement Finality Directive legislation; adopting blockchain technologies in post-trade processes; and researching how trading in tokenised securities can be enabled on investment platforms.
  • Introduce a revised legal system for cryptoassets in the United Kingdom. The study calls on the UK to move immediately in response to the EU regulatory plan for a Markets in Crypto-Assets MICA (see our briefing here). It recommends a "functional and technology-neutral solution" to a bespoke regime. The study further applauds efforts relevant to stablecoins, such as the briefing document from HM Treasury and the request for proof on the UK's legislative approach to cryptoassets and stablecoins (see our briefing here).
  • ESG (Environmental Science Group). FinTech, according to the study, has a vital position to play in relation to ESG in terms of data gathering and distribution. It makes many suggestions, including creating a mechanism to promote sustainability-linked assets (such as sovereign bonds or commercial debt), encouraging consistent sustainable reporting requirements and terms, and implementing a centralised electronic registry for ESG results.
  • FinTech policy has to be tweaked in certain ways.

  • Payments are regulated. The study raises questions about the current regulatory framework's effect and asks if changes are needed in certain ways (e.g. strong customer authentication and capital and liquidity).
  • FinTech, emerging technology, and markets are both buzzwords these days. Many aspects of current financial services legislation should be revised to reflect technical and industry trends, according to the study, which calls for technology-neutral regulations.
  • Inclusion of financial resources

    FinTech can be used to promote financial inclusion and capacity, according to the paper. The below are some of the proposals for regulators:

  • Extending the financial education curriculum to provide financial education in classrooms, digital product opportunities, and environment risks;
  • FinTech firms are given options to work on certain demographics or regions in order to increase financial inclusion;
  • Promoting financial inclusion among incumbents and promoting a retail lending referral scheme; and
  • Examining whether FinTech could be used to address particular financial inclusion problems (such as the distribution of the Post Office Card Account) and whether cashback without a transaction (currently banned under PSD2) could be permitted under the Payments Review.
  • Taskforce on the New Economy

    The study recommends a new Digital Economy Taskforce structure for executing the FinTech plan, detailing a range of functionality that it could provide, including:

  • The government should create and mandate the taskforce.
  • The taskforce should have its own set of goals (for example, assisting in the growth of the UK FinTech strategy);
  • The taskforce should be temporary, in the sense that it should only operate before the FinTech plan is completely formed and the taskforce's priorities are met; and
  • When conducting its tasks, the taskforce should be expected to consider some particular concerns (such as the promotion of financial inclusion objectives).
  • Scalebox

    Businesses in the FinTech industry should be added to a "scalebox" arrangement, according to the paper. The following are some of the facets of this:

  • Improving the current FCA regulatory sandbox (for example, having it usable on a rolling basis rather than in time-limited windows);
  • A modern, permanent "data sandbox" to promote cooperation and enable for digital collaboration, concentrating on so-called Priority FinTech Areas; and
  • Collaborating with FinTech and RegTech businesses (this would involve, for example, regulators encouraging regulated firms, as part of their operational risk assessment, to think about the potential benefits of technology).
  •  

    ]]>
    Wed, 17 Mar 2021 12:00:00 GMT
    <![CDATA[Legal Update: Government white paper: Restoring trust in audit and corporate governance]]> Legal Update: Government white paper: Restoring trust in audit and corporate governance

    The government issued its long-awaited white paper on restoring public confidence in audit and corporate governance yesterday. The government's goal is simple: to increase the consistency, authenticity, and transparency of information published by the largest corporations.

    The proposals, which were prompted by a number of corporate failures, like Carillion, Thomas Cook, BHS, and Patisserie Valerie, as well as long-standing concerns about a lack of competition and resilience in the statutory audit market, take forward the majority of the recommendations of three government-commissioned independent reviews: the Review of the Financial Reporting Council (FRC) led by Sajid Javid; the Review of the Financial Reporting Council (FRC) led by Sajid Javid; and the Review

    In its 233 sections, the consultation involves important, far-reaching, and, in certain instances, divisive changes, as well as 98 consultation queries. As a result, the regular time for submitting responses has been expanded to 16 weeks and will expire on July 8, 2021.

    The government has issued an effects report, a compilation of stakeholder feedback to the government's original consultation on the CMA's Market Analysis recommendations, and a summary of how each of the three reviews' 150-plus recommendations were discussed in the White Paper or by FRC intervention.

    Proposals for headlines include:

    Internal management, dividends, and resource protection are all duties of the board of directors.

  • Strengthening the disclosure and attestation criteria for dividends and capital maintenance in order to guarantee that payments should not place a business in financial distress. Directors should be allowed to report that every potential dividend is beyond known distributable funds which would not, in their view, jeopardize the company's solvency for the next two years.
  • requiring directors to perform an annual analysis of internal management efficacy and to include a declaration regarding that effectiveness in their annual report, with that statement theoretically open to scrutiny.
  • We're looking for feedback on plans to grant the additional regulator (details below) new powers on how businesses measure distributable assets.
  • For Public Interest Entities, corporate transparency on resilience, assurance, and payment processes is needed (PIEs):

  • Requiring an annual Resilience Statement that explains how the board of directors views the company's outlook and aims to resolve threats to the industry in the short, medium, and long term, including climate change risks. Current going concern reports and feasibility statements will be "incorporated and built on."
  • Requiring the release of an Audit and Assurance Policy that describes the directors' approach to finding internal and external assurance of the details they send to shareholders (over a rotating three-year "forward look"), including any external assurance expected outside the framework of the annual formal audit.
  • Asking for feedback about how details on supplier reimbursement standards and procedures may be used in annual reports.
  • Increasing the oversight of corporate reporting:

  • Providing the Audit, Reporting and Governance Authority (ARGA), the FRC's successor, with the authority to direct improvements to business accounts without the requirement for a court order (as is the case currently).
  • Extending ARGA's assessments to cover the complete fiscal report, covering corporate governance documents, directors' remuneration, and audit committee findings, as well as discretionary items including the CEO and chair's reports.          
  • Strengthening the ability of directors to be held accountable:

  • Increasing ARGA's investigation and regulatory powers in situations where directors of PIEs neglect legislative responsibilities pertaining to corporate reporting and audit.
  • To offset the risk of punishing loss, executive directors' remuneration agreements can be strengthened with "malus and clawback" provisions.
  • Intent and reach of audits - bridging the audit expectations gap:

  • Developing new overarching principles for auditors to reinforce common practice by requiring them to incorporate a broader variety of evidence while shaping audit decisions, including whether financial statements provide a "real and fair view."
  • Adding additional requirements for all auditors and directors in terms of detecting and preventing content theft.
  • Shareholder involvement and supervision by the audit committee:

  • Giving ARGA the authority to impose additional conditions on audit committees of FTSE 350 organizations in terms of auditor appointment and supervision.
  • Allowing owners in publicly traded companies to suggest new areas for focus within the framework of a company's external audit.
  • Following the resignation or firing of a PIE's auditor, improved contact with shareholders is needed.
  • Improving audit industry competitiveness, choice, and resilience:

  • To improve option and competitiveness in the FTSE 350 sector, a "controlled mutual audit regime" was created, which falls short of a complete joint audit. If this may not succeed, companies will be limited in the amount of audits they conduct in this category.
  • Separating the audit and non-audit branches of such auditors on an organizational rather than institutional basis.
  • Creating ARGA, rendering it accountable to Parliament and granting it considerable administrative enforcement authority, as well as making it liable for authorizing the formal auditors of PIEs.
  • Scope and timing:

    The government aims to introduce audit legislation in stages, acknowledging the need of reform but also the need to manage new requirements on companies. Measures that may not have a significant influence on businesses, such as the creation of ARGA, can be implemented more rapidly. Changes that have a direct effect on companies may be phased in over time, with all needing interim plans. Larger firms, especially those with a premium listing, are likely to be subject to new criteria ahead of others, while emerging growth companies could be exempt from any of the new requirements for a period of time after an Initial Public Offering to ensure that they do not act as a barrier to pursuing a listing.

    PIEs - actually, credit agencies, insurance undertakings, and others with shares accepted to restricted exchanges, such as the London Stock Exchange's main sector - are the subject of much of the plans. To ensure only the most economically important firms in the UK are caught, the government is recommending that the spectrum of this main category be expanded to cover the very biggest private businesses (one alternative sets the bar as low as those of more than 500 staff and a revenue of more than £500 million) and Target companies with a market capitalization of more than €200 million.

    The timing of the amendments is unavoidably ambiguous: "as Parliamentary time permits."

    There are major changes. Everyone would need to be carefully analyzed separately and together, especially to ensure there are no adverse effects and that the advantages exceed the costs. It remains to be seen if they regain faith in company and auditing, as well as giving investors the courage to invest in the UK, as the government hopes.

                                                                                                          

     

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    Tue, 16 Mar 2021 12:00:00 GMT
    <![CDATA[PRC Legal Update: Key takeaways from China’s Two sessions 2021]]> PRC Legal Update: Key takeaways from China's Two sessions 2021

    Every year in March, China's two main legislative bodies, the National People's Congress ("NPC") and the Chinese People's Political Consultative Conference ("CPPCC"), convene for the "Two Sessions" to lay out preparations for the country's strategies and goals for the coming year. This year, the CPPCC began on March 4, 2021, and the NPC began on March 5, 2021, respectively. This report discusses the two main legislations, as well as the more current fiscal and international expenditure initiatives proposed in this year's Two Sessions. Last but not least, this article includes an update on China's COVID-19 answer initiatives.

    I.          Project "Digital China"

    Top leaders have stated their plan to follow the "New China" project, which aims to create a digital government, culture, and economy. The National Development and Reform Commission is developing two main pieces of legislation as part of the initiative: the Personal Information Protection Law and the Data Security Law, all of which draw on the basis established by the current Cybersecurity Law.

    i.         The Personal Information Protection Act ("PIPL")

    On October 21, 2020, a first draft of the PIPL was written. It will become China's first detailed regulation on personal privacy and data security after it is enforced. The NPC has consistently claimed that securing the sensitive details of its people is one of the country's highest priorities. The PIPL aims to fight hacks and personal data misuses/leaks, which have become extremely common in China due to the huge number of internet users and exponential growth of big data industries and knowledge incorporation. It establishes general standards of justice, openness, data integrity, intent limitations for data collection, and accountability.

    Aspects

    The PIPL defines "personal details" as any registered information about known or identifiable natural persons, including nationality, gender, biometric information, religion, fitness, and financial information. Unlike the Cyber Security Law, which has restricted extraterritoriality, the PIPL refers to the collection of personal details of natural persons in China, regardless of nationality. In reality, its wording seems to imply that it is large enough to include the activities of an overseas data processor in China, even though such processor may not have a physical presence in China.

    Personal knowledge processing

    The word "production" applies to the compilation, storage, usage, dissemination, provision, and publishing of personal information.

    There are six legal bases for collecting personal details in China under the draft PIPL:

  • Where the data subject has provided his or her consent to the processing;
  • Where the processing is mandated by a contract between the processor and the data subject;
  • Where processing is necessary to carry out a legal/contractual obligation;
  • Where processing is needed as a consequence of a public health event or an impending or urgent situation;
  • Where the production is essential for the public good; or
  • Where relevant laws or legislation include sorting.
  • Violations of the PIPL, such as processing sensitive details without depending on one of the above legal bases, can result in a variety of fines, including an administrative request for rectification, confiscation of the illegal profits, and a fine. A company's activities in China may even be halted and/or its business permit revoked. Such infractions will be recorded in the government's credit archives, which are open to the media.

    ii.         Computer Protection Law ("DSL")

    In comparison to the PIPL, the draft DSL is more concerned with protecting China's national security and data sovereignty. It refers to all data activities conducted throughout the region. The DSL's overall goal is to develop a robust data protection mechanism guided by the government.

    The framework would contain the following components:

    A tiered data classification scheme that will matrix the data's I value to the country's social and economic development; and (ii) degree of harm levied on national security, public welfare, and citizens' legitimate interests if the data is lost, hacked, or unlawfully exploited.

    Requirement for "relevant details" processors to designate a data protection officer and a management agency to carry out data security responsibilities such as security risk evaluation, publishing, knowledge control, and setting in place an early warning system. The Computer Protection Legislation only gives a hazy description of "important data," and the DSL offers little more clarity. This theoretically broadens the DSL's range of applications. These data processors must also send their evaluation notes to the appropriate monitoring department on a regular basis.

    In the case of a computer protection breach, the appropriate agency must notify the impacted users and the applicable supervision department as quickly as possible.

    The draft DSL, like the PIPL, imposes substantial fines on companies and related employees that refuse to comply with the regulations. Violations will result in a corrective order, warnings, confiscation of illicit wages, and a fee, among other things.

    II.         Monetary and fiscal policies

    The Chinese government has stated unequivocally that this year's fiscal policies would concentrate on assisting micro- and small-sized enterprises, a group that has been severely impacted by Covid-19.

    Premier Li Keqiang proposed plans in the Chinese government's new five-year plan to raise the amount of loans provided by major commercial banks to small and micro-sized businesses by more than 30 percent, as well as to enable these smaller enterprises to postpone principal and interest repayments on loans. In reality, China is directing its financial sector to reduce the cost of financing for companies and individuals in general in order to aid the country's economic recovery from the effects of Covid-19.

    Plans to halve the corporate income tax ("CIT") liabilities of small and low-profit companies for the portion of taxable income not reaching RMB 1 million were unveiled in the annual Government Work Study, which was also delivered by Premier Li during the Two Sessions. Small and low-profit companies are those that are not on the government's "prohibited" or "limited" negative list, have an annual taxable revenue of less than RMB 3 million, less than 300 jobs, and assets worth less than RMB 50 million.

    III.        Policy on foreign investment and commerce

    China has also placed its sights on future growth in international acquisitions and trades, promising to reduce the negative list of foreign investment, ease regulatory processes for foreign invested enterprises, and update laws to make the treatment of domestic and foreign invested enterprises more fair. During the Two Sessions, a bill was introduced that called for the abolition of the differentiation between foreign-invested banks, Sino-foreign joint venture banks, and foreign banks. This represent the government's deep desire to promote foreign investment growth while also stabilizing established foreign investment. Over the last three years, China's negative list of foreign investment has more than doubled, from 93 to 40 products. Further declines are anticipated, with an emphasis on the industrial, agriculture, and service sectors.

    In terms of exchange, China is similarly keen to broaden its horizons. Not only will it continue to promote the development of the Belt and Road Initiative, but it will also sign and ratify the Regional Comprehensive Economic Partnership Agreement with a number of Southeast Asian nations, the China-EU Comprehensive Agreement on Investment, and continue its free trade negotiations with Japan, Korea, and, of course, the United States.

    IV.       Covid-19 indices

    To include a brief report on China's Covid-19 efforts, the country would most likely not ease border controls until 2022 in order to monitor Covid-19 and also because the success of its vaccination plans is still modest. The government has consistently highlighted the significance of stopping imported cases from triggering local outbreaks. The government has also told all Chinese people, whether they live in China or elsewhere, that they can obtain free vaccines as part of the "Spring Seedling Action" scheme.

    Final thoughts

    We predict that China's Covid-19 situation will stay under control as long as the government retains strict Covid-19 steps. The Chinese government is specifically aiming to accelerate the introduction of both the PIPL and the DSL in order to provide a more favorable climate for the development of the digital economy. This is significant since China expects to see an increase in emerging industries such as cryptocurrency, big data, and cloud computing in the coming future, which would contribute a larger portion of the country's GDP. In order to maintain its economic development during the Covid-19 era, the country has also devised plans to help smaller businesses and attract foreign investment into the territory. Investors and companies alike should be on the lookout for possible growth prospects created by these new laws and policies.

     

    ]]>
    Mon, 15 Mar 2021 12:00:00 GMT
    <![CDATA[Locking up Business Manipulation]]> Locking up business manipulation

    Mark Steward, Executive Director of Compliance and Industry Oversight of the FCA, gave a speech on the continuing attempts of the FCA to fight market manipulation during the COVID-19 pandemic.

    Mr Steward's remarks are not dissimilar to those made by Julia Hogget in her speech last October (see our update). It is apparent that the improvements caused by the pandemic (such as working from home) continue to have a huge effect on consumer manipulation and the steps needed to deter it. In addition to a series of broad remarks on the reform proposals of the FCA (such as a more relaxed approach to immediate capital raising), Mr Steward made a number of key observations.

    Rises in trade not balanced by increases in STORs

    The FCA recorded a 34% rise in transactions and activity reports in 2020 without a comparable increase in irregular transactions and order reports (STORs). In reality, during the first lock-down cycle (March to June 2020) the FCA saw a decline in STORs. After the first lockdown, STORs have now returned to their expected rate for all asset groups, however the overall volumes for the year are smaller than in previous years.

    Although it can be concluded that incidents of market manipulation or other fraud may have been overlooked, the FCA is not troubled – it credits this, at least in part, to its monitoring and investigation activity during the past few years, which has limited the selling of parties whose trading has led to a high number of STORs.

    Business data analysis capability – regulatory sunlight

    STORs remain a crucial alternate source of knowledge, but the FCA is not fully reliant on them. Instead, the business data analysis facilities of the FCA "continue to be a source of regulatory sunlight," delivering an algorithmic radar through trading in near-real time.

    The FCA has expanded its aggressive market surveillance throughout the year by implementing new measures such as the Electronic Submission System (ESS) for short selling reporting. It was in operation until the first lockdown. The ESS is:

    • speeds up the validation process;
    • Introduces automatic warnings that readily detect delayed notifications;
    • Provides greater perspective and evidence on short selling stance than ever

    Retail buyers need not be sold in the short term

    Mr Steward observed that the FCA's continued approach to short selling reporting requirements rendered it impossible that short positions such as those established in the recent GameStop trading frenzies will be generated on the UK market without "substantial scrutiny." Although expressly refraining from speaking on GameStop, Mr Steward noted the propensity for abusive shortening to contribute to market distortion and noted the enhanced potential for institutional investors to be affected by such violence. It also indicated the vulnerability of retail buyers to fraudulent internet ads or online scams.

    Market cleanliness-Anomalous trade is being tracked

    The FCA launched a new market cleanliness metric, the potential anomaly trading ratio (PATR) in September of last year. PATR allows the FCA to track underlying market activity surrounding price-sensitive statements that may be called anomaly rather than suspect (unlike, for example, the Abnormal Trading Volume, which focuses on volume fluctuations). The FCA finds that the word "anomaly" is more neutral than the term "suspicious."

    Mr Steward continued by stating that the FCA would continue to pursue steps to counter industry manipulation and outlined a variety of recent regulatory actions. It is evident from the recent speeches by Mrs Hoggett and Mr Steward that "business cleanliness" is a core priority of the FCA, with the introduction of digital technologies enabling data to be analyzed at an increasingly granular level. The inclusion of the PATR is another tool in the FCA's data collection arsenal, and we don't consider it to be the last. As markets begin to adjust to a much-changing environment, the FCA seems ready to seek to close all potential opportunities for market manipulation.

     

    ]]>
    Sun, 14 Mar 2021 11:09:00 GMT
    <![CDATA[High Court: Restructuring Proposals are 'Insolvency Procedures']]> High Court: Restructuring Proposals are 'Insolvency Procedures'

    A new ruling of the High Court on the legal standing of the UK statutory reform programme could have an effect on the way these cases are treated by the European courts after Brexit.

    The Court ruled that the consolidation proposals adopted by the 2020 Corporate Insolvency and Governance Act (CIGA) were 'insolvency procedures' for the purposes of the Lugano Convention. As the plan falls beyond the scope of the insolvency exemption in the Convention, the United Kingdom court had jurisdiction in violation of an exclusive jurisdiction provision in favor of the Swiss courts.

  • Restructuring efforts fell under the limits of the bankruptcy exclusion of the Lugano Convention, but recognition beyond the United Kingdom would need to be obtained by more difficult methods, such as an appeal to the appropriate international court.
  • Disstressed organizations should closely examine questions of authority and acceptance before implementing an effective restructuring tool.
  • Gategroup Assurance Ltd [2021] EWHC 304 (Ch)
  • The opinion of the High Court differs from the prior case law on arrangements where it has traditionally been held that they are not insolvency proceedings. However, the key distinction between the two processes in terms of eligibility is that a corporation may have financial problems in proposing a turnaround proposal.

    Although this judgment is superseded or reversed, it will render it more challenging to recognize post-Brexit restructuring efforts in Europe. If the United Kingdom succeeds in re-adhering to the Lugano Convention, potential UK restructuring efforts would not be able to depend on it for legitimacy in the same manner as conventional agreements have been made, which ensures that recognition is likely to be a matter for the appropriate international court.

    In view of the value of acceptance in ensuring that restructuring is binding on all stakeholders, troubled firms should carefully address those concerns before evaluating the implementation of an effective restructuring method.

    The strategy for reform

    The firm, gategroup Guarantee Limited ('the company'), is an SPV incorporated on 8 December 2020 and a wholly-owned affiliate of its Swiss parent company, gategroup Holding AG ('the parent'). The group, made up of its parent and more than 200 branches ('the business'), is the world's leading supplier of airline catering services. Its industry suffered greatly as a consequence of the downturn in air travel triggered by the Covid-19 pandemic.

    The corporation proposed a turnaround strategy as part of a broader restructuring to solve the issues caused by the pandemic. The bill aimed to change the terms of its English law governing senior debt and the Swiss law governing bonds; and to increase the maturity period of each bond by five years.

    Proposing a redemption scheme may have been a case of default under notes, which would have triggered cross-defaults if the owner of the bonds had done so. In order to avert this possibly fatal default, the corporation entered into an act of indemnity and contribution in which it assumed the obligations of the holders under the senior debt and the notes. It also entered into a donation payment arrangement whereby the creditors must finance the corporation and make contributions on the basis of the act of indemnity and obligation, since the company had just newly formed and had no assets of its own.

    The effect of this system is to establish an agreement where all representations are made by a single party, who would then negotiate a consensus on the claims. This system was used in a variety of arrangements and was again endorsed in this case, despite what the court regarded as the "artificiality" of the framework.

    Jurisdiction problems

    Since the corporation is established in England and Wales, the bonds are subject to an exclusive authority provision in support of the Zurich courts. First, the English High Court had to determine whether it had jurisdiction under the Lugano Convention, which seeks to specify which national courts have jurisdiction in cross-border civil and commercial matters. The United Kingdom ceased to be a party to the Lugano Convention on 1 January 2021. However, the claim type in this case was released on 30 December 2020, indicating that the Lugano Convention was valid and continued to apply.

    If the Lugano Convention were to apply to the merger arrangements of Part 26A of the Companies Act, the English court will have no authority to approve such a scheme to reform Swiss law bonds. As such, the corporation argued that the Lugano Convention has no application for a lawsuit under Part 26A because it was not a "civil and economic issue." Instead, the corporation pleaded that the scheme falls under the scope of the exemption provided for in the Lugano Convention on "bankruptcy, winding-up procedures for insolvent corporations or other legal entities, judicial arrangements, compositions and similar proceedings."

    The Court ruled that consolidation proposals did not come under the scope of this exception.

    Decision of the court

    The court found that, on its face, the term "judiciary agreements, compositions and related cases" was adequately large to encompass the restructuring scheme of Section 26A. It nevertheless tried to interpret the wording, taking into account the applicable pre-legislative content.

    The exclusion from bankruptcy of the Lugano Convention is similar to that of the Brussels Convention of 1968 and the Brussels Recast Regulation. The Court relied on this in accordance with the 'dovetailing' concept, which specifies that there should be no difference or overlap between the Brussels Recast Legislation and the EU Insolvency Procedures Regulation ('Insolvency Regulation'). The court considered that settlement arrangements fulfilled the elements of insolvency proceedings as specified in the Insolvency Regulation: joint proceedings; which are focused on insolvency and rescue rules, debt adjustment, reorganization or liquidation as their purpose; and which are controlled by the court.

    Interested parties will also decide on the turnaround proposal of the corporation until a penalty proceeding before the judge. While the corporation wanted to convene a single board of stakeholders to decide on the turnaround agreement, the court ordered special meetings for senior shareholders and bondholders, since their interests under the plan were materially different.

     

    ]]>
    Thu, 11 Mar 2021 12:00:00 GMT
    <![CDATA[India to update its Laws before the 5G rollout]]> India to update its Laws before the 5G rollout

    The Department of Telecommunications (DoT) has recommended repealing the Indian Telegraph Act of 1885 and the Indian Wireless Telegraphy Act of 1933, both of which were enacted in 1885 and 1933, respectively, be replaced with regulations that represent current realities and emerging communication patterns. The changes to the law are part of India's 5G plans.

    Prior to the actual introduction of 5G, the government aims to simplify and reform the outdated laws that regulate telecom services in India, allowing, for example, connectivity between connected devices to spur development in the digital economy, according to a top official.

    According to local media, the National Law University in Delhi has been enlisted for the upgrade programme, which will concentrate on the machine to machine (M2M) learning and IoT regulations. Net neutrality, network control and pricing, and user protection are likely to be other areas of focus. After consulting with different stakeholders, NLU has been given four months to prepare the report, after which it will make recommendations to the telecom department.

    The university's team of technical and economic academics will focus on drafting telecom infrastructure and right of way (RoW) regulations for network growth, and regulatory amendments could be introduced in areas such as Spectrum allocation, network stability, and other security criteria, such as vendor management, protection for confidential information and applications, and component suppliers.

    "The mandate will include simple regulation, promoting innovation and proliferation of technologies, and decriminalization of acts deemed to be offences," DoT secretary Anshu Prakash is quoted in local media as saying. Most notably, the proposed law would have guidelines for M2M connectivity and the Internet of Things.

    "The current legislation governs how people interact with one another and with machines. "However, there are differences for machine-to-machine interfaces," he said.

    Although the next-generation, or 5G, wireless technology promises lightning-fast downloading and video playback, its true potential lies in allowing electronic devices to communicate with one another, forming a mesh of wired devices known as the IoT. Driverless cars and automated production lines, among other items, would be popular thanks to this technology.

    In the coming weeks, initial consultation meetings are scheduled to begin.

     

    ]]>
    Tue, 09 Mar 2021 12:00:00 GMT
    <![CDATA[Legal Update: Remoteness Of Damages For Breach Of Contract]]> Legal Update: Remoteness Of Damages For Breach Of Contract

    The Privy Council, the Island's final appeal court, recently reaffirmed the test for remoteness of liability in breach of contract claims in Attorney General of the Virgin Islands v Global Water Associates Ltd (British Virgin Islands) [2020] UKPC 18 ("GWA").

    In such a lawsuit, the party would only be entitled to recover damages that:-

  • Arise spontaneously as a result of a contract breach; or
  • Are in the parties' fair contemplation at the time of contracting.
  • A remoteness test is triggered by the second leg, which means that damages can only be sought if they are sufficiently foreseeable.

    Details

    The British Virgin Islands ("BVI") government had signed two contracts with Global Water Associates ("GWA") ("Global"). The first is for Global to develop and build a water reclamation treatment plant (the "D&B Agreement"), and the second is for Global to finance, run, and repair the plant for a period of 12 years after it is completed (the "Management Agreement"). By failing to have a prepared venue, the BVI government violated the D&B Agreement. As a result, Global cancelled the deals and sought penalties in both the D&B Arrangement and the Management Agreement, claiming that it had sacrificed not only the right to develop the factory, but also the revenues from running it for 12 years.

    Global's argument for damages resulting from the Management Agreement was eventually rejected by the Court of Appeal of the Eastern Caribbean Supreme Court (British Virgin Islands) after litigation and an appeal, on the grounds that the injuries were not sufficiently probable and hence too distant. Despite violating the D&B Agreement, the Court of Appeal found that the BVI Government should have hired a third party to develop the plant so that Global could continue to run it under the Management Agreement. Global appealed to the Privy Council.

    Decision in GWA

    The Privy Council granted the appeal, allowing Global to recover costs for expenses incurred not only in the construction of the factory, but also in the 12 years of missed earnings as a result of its failure to operate it. Since the Management Arrangement will only begin until the D&B Agreement was fulfilled, the Court ruled that penalties resulting from a violation were unavoidable to the parties at the time they signed the agreements.

    Lord Hodge reached this conclusion after reviewing the historical case law in this field and summarizing the applicable legal concepts on remoteness as follows: –

  • Damages for breach of contract are intended to put the person whose rights have been violated in the same place as if the contract had been done, to the extent that money will do so.
  • Losses are limited to those that the parties would have adequately anticipated as a serious possibility in the event of a violation at the time the contract was entered into.
  • The information that the parties had at the time of contracting determines what was reasonably contemplated.
  • The measure to be used is objective, which means that instead of asking what the violating party has in mind, one should consider what he should have had in mind. As a result, one would presume that the violating party considered the repercussions of a violation at the time the contract was created.
  • Finally, a factual checklist is used to determine what the violating party may have been thinking about.
  • The test for determining and quantifying penalties for breach of contract, as well as the test for remoteness, is the same in the United Kingdom, the British Virgin Islands, and the Isle of Man. Although the ruling in GWA is not modern legislation, it serves as a useful reminder of the common law rules of remoteness of damages and is convincing in the Isle of Man. The GWA decision further reaffirms the principle that only damages that the parties reasonably anticipated at the time of contracting are recoverable. As a result, when a party seeks to reclaim lost profits, the success of the appeal is completely dependent on the empirical matrix and expertise of the parties at the moment the contract is signed.

    ]]>
    Mon, 08 Mar 2021 12:00:00 GMT
    <![CDATA[Changes to Rights and Duties resulting from prospectus supplements under the EU Prospectus Regulation]]> Changes to Rights and Duties resulting from prospectus supplements under the EU Prospectus Regulation

    Key points

  • The EU Prospectus Regulation has been changed to make recovery from the COVID-19 pandemic easier.
  • For equity securities, a new EU Recovery Prospectus has been issued.
  • Withdrawal privileges have been extended from two to three working days after the release of a prospectus supplement.
  • The duties of financial intermediaries in relation to prospectus supplements have been explained and partially relaxed.
  •  The amendments are time-limited and do not apply to the United Kingdom.
  • Changing the law

    A regulation amending the EU Prospectus Regulation was released in the Official Journal on February 26, 2021, and will take effect on March 18, 2021, in all EU member states. Its stated goal is to make it easier for businesses hit by the COVID-19 pandemic to recapitalize.

    On equity instruments, the EU Recovery Prospectus:

    The amending regulation's main change is to create a new short-form prospectus (dubbed the "EU Recovery Prospectus") that will be available to any issuer whose shares have been continuously admitted to trading on a regulated market or a SME growth market for at least the last 18 months, and whose prospectus will be used to issue shares that will be fungible with previously issued shares.

    Extension of prospectus supplement withdrawal rights

    The amending legislation also makes a significant difference to the rights of investors who have already agreed to buy shares prior to the issuance of a prospectus supplement to revoke their acceptances after the supplement is written. Investors who want to exercise these rights have two working days from the date the supplement was published (or any longer time as the issuer can allow) to do so. The amending legislation would increase the time limit for exercising withdrawal privileges from two to three working days.

    Clarification of the duties of financial intermediaries in relation to prospectus supplements

    The EU Prospectus Regulation regime imposed a new requirement on financial intermediaries to notify investors of the possibility of a prospectus supplement being published, as well as when and when such a supplement would be published, and that the financial intermediary would assist the investors in exercising their right to withdraw from their purchase or subscription acceptances as a result of such publication. More controversially, it required financial intermediaries to reach investors on the same day as the supplement was released. These provisions generated significant confusion over the extent of a financial intermediary's responsibilities in terms of which investors it would notify, as well as operational challenges in ensuring conformity with the same-day supplement notification provision.

    Which investors must be informed of the possibility of a prospectus supplement?

    The amending law clarifies that financial intermediaries must notify investors of the likelihood of a prospectus supplement only if they intend to buy securities from the financial intermediary between the time the prospectus for such securities is accepted and the end of the initial offer period.

    Which investors must be informed of the publication of a prospectus supplement and by when?

    When a supplement is written, the amending rule expands the time available for a financial intermediary to reach investors from the same day of publication to the working day after the day of publication.

    The amending legislation clarifies that this duty only applies to investors who buy shares from a financial intermediary and who have a right of withdrawal due to the publication of the supplement.

    Amendments time-limited

    The revisions to the EU Prospectus Legislation made by the amending regulation are intended to aid recovery from the COVID-19 pandemic and are only in force until December 31, 2022. However, the EU Prospectus Regulation regime is due for a regular five-year overhaul on July 31, 2022, so it's unclear if these changes will be permanently adopted in one way or another as a result of this review.

    Brexit

    These reforms only apply to the EU Prospectus Regulation and have no counterpart in the UK Prospectus Regulation system, nor is there any suggestion that the UK will make any similar changes in the near future.

     

    ]]>
    Thu, 04 Mar 2021 03:46:00 GMT
    <![CDATA[Another Bill in Congress Seeks to Limit Non-Competes, Will This One Go Anywhere?]]> Another Bill in Congress Seeks to Limit Non-Competes, Will This One Go Anywhere?

    Senators Chris Murphy (D-Conn.), Todd Young (R-Ind. ), Kevin Cramer (R-N.D.), and Tim Kaine (D-Va.) introduced the Workforce Mobility Act, a joint measure to restrict the use of non-compete deals, in the United States Senate on February 25, 2021, and Scott Peters (R-Va.) in the United States House of Representatives on February 25, 2021. (D-Cal.).

    The Workforce Mobility Act of this year is the latest in a series of efforts at the federal level in recent years to limit non-compete arrangements by legislation. Despite bipartisan cooperation at times, none of them have passed the Senate or the House of Representatives. Is the outcome going to be different this time?

    There's a good chance you're right. The Biden administration tends to support a nationwide moratorium on one or more types of non-competition deals. "Biden will work with Congress to eliminate all non-compete agreements, except the very few that are absolutely necessary to protect a narrowly defined category of trade secrets, and outright ban all no-poaching agreements," said then-President-elect Biden in a Plan for Strengthening Worker Organizing, Collective Bargaining, and Unions released in December 2020.

    The Workforce Mobility Act's enactment in 2021, on the other hand, seems to be a long shot. If the bill makes it into Congress, it would be heavily lobbied on both sides of the debate. The bill's restrictions will have a significant effect on employers seeking to shield information that does not qualify as trade secrets, such as corporate planning and customer information. If passed, the bill also has the potential to overturn decades of legal tradition by creating a statute that would be interpreted exclusively in federal courts in an environment where history and precedent have been based on a patchwork of state common law and certain state statutes.

     

    ]]>
    Wed, 03 Mar 2021 12:00:00 GMT
    <![CDATA[Changes to Theatre Licensing 2021- UK]]> Changes to Theatre Licensing 2021- UK

    On January 27, 2021, the Theatres Act of 1968 was repealed. The Act, which established a statutory licensing system for theaters that stage plays in public, has not been replaced by new laws. Rather, a local authority may choose to license theatres within a public entertainment licensing regime, thanks to an amendment to the Civic Government (Scotland) Act 1982 – theatres were originally prohibited as a place of public entertainment under the 1982 Act.

    The licensing of places of public entertainment is an optional licensing practice, with licenses only being required if it is considered appropriate for the protection of public order, defense, and crime prevention. Premises can also be permitted only where the public entertainment licensing system provides certain protections that are not currently offered by other statutory regimes covering premises where plays are publicly performed. Fire, health and safety, housing codes, liquor licenses, and food hygiene regulations are among the other legislative regimes.

    The repeal of the 1968 Act and the inclusion of play performance as a public entertainment licensable practice under section 41 of the 1982 Act were intended to provide more freedom by enabling municipal governments to define the extent of the public entertainment regime. According to Scottish Government guidance, local councils may be entitled to exclude premises that perform plays for very small audiences from the license provision if they deem it necessary and proportionate. Since local governments have jurisdiction over this action, the approaches of the Licensing Board vary, and theatre licensing in certain areas of the world is unrestricted. Glasgow City Council, for example, has voted to incorporate theaters in the scope of public entertainment licenses. To keep their theatres licensed, owners must fill out the council's Public Entertainment License application form and send it to the Licensing Section by Friday, February 26th, 2021. There is no charge associated with the application this year, and if approved, the license will be valid for one year. The license authorizing the use of premises for the public production of plays would be subject to such restrictions. Although requirements cannot be used to govern the design of the plays to be performed or the way in which they are performed, those deemed normal or necessary on the grounds of public safety, such as litter control and child safety provisions, are likely to be included. Here is a complete list of Glasgow City Council's possibly attached requirements.

    ]]>
    Tue, 02 Mar 2021 12:00:00 GMT
    <![CDATA[Minimum GoT Shareholding Regulations Published]]> Minimum GoT Shareholding Regulations Published

    Section 10 of the Mining Act, R.E. 2019 (the Act) imposes a statutory obligation on mining firms in Tanzania to afford/grant the Government of Tanzania (GoT) a minimum of 16 percent non-dilutable free carried interest shares in the capital of a mining company in order to ensure Tanzanians have a share of their minerals. According to the Act, the non-dilutable free carried interest shares of the GoT can be raised by up to 50%.

    The Mining (State Participation) Rules, 2020 were issued by the Minister for Minerals on October 30, 2020. The Regulations were written to provide more information about the GoT's non-dilutable free carried interest stock in a mining company, as well as the purchase and management of those shares. The Regulations specify that the overall amount of tax expenses enjoyed by a mining firm or an individual possessing a Mining License or Special Mining Licence by tax exemptions and reliefs will be used to assess the purchase of shares. What this means is that the higher the proportion of non-dilutable free carried interest shares the GoT is entitled to, the more tax benefits the mining business gets.

    The Mining Committee, in coordination with the Treasury Registrar and TRA, shall weigh the money spent, mining technology involved, profit, and overall tax value of tax expenses enjoyed by the mining company when deciding the amount of investment made by a mining company for the purposes of GoT shareholding.

    Furthermore, the GoT has the right to study tax expenses enjoyed by mining firms every two years in order to assess the amount of additional shares to be purchased by the GoT. As a result, the GoT's original minimum 16 percent shareholding can be raised every two years.

    The Regulations give the GoT the right to be issued with a share certificate, to be registered as a member of the corporation, to engage in legislative meetings and governance, to view company records, to nominate a director, and to earn dividends after the GoT has obtained the free carried interest shares. Furthermore, the Regulations state that the GoT is entitled to a proportionate share of any equity, shareholding loan, or third-party loan repayments. It would be important to see how this is interpreted and applied.

    The Treasury Registrar may also specify how benefit from non-dilutable free carried interest shares or other extra shares is charged to the government under the Regulations. The Treasury Registrar is expected to advise the mining companies in writing on the procedures for benefit payment before deciding the mode of payment to the GoT.

    These Regulations include the long-awaited guidelines on how to apply the GoT's criteria for non-dilutable free carried interest shares in mining companies.

     

    ]]>
    Mon, 01 Mar 2021 12:00:00 GMT
    <![CDATA[Tribunal rules Board has no jurisdiction over tax waiver appeals]]> Tribunal rules Board has no jurisdiction over tax waiver appeals

    When a taxpayer's claim for a one-third waiver is refused by the Tanzania Revenue Authority, there is already a lot of confusion about what an aggrieved taxpayer can do. A taxpayer who wishes to file an objection against an assessment issued by the Commissioner General must deposit one-third of the amount assessed or tax not in question, or seek a waiver to allow such a deposit, according to our legislation. The ambiguity arises from tax courts' varying opinions about whether a taxpayer should challenge a waiver ruling immediately to the Tax Revenue Appeals Board or must file a second objection before appealing to the Board.

    Commissioner General (TRA) vs. Mek One, Tax Appeal Nos. 69 & 70 of 2019, affirmed the Tax Revenue Appeal Tribunal's (Tribunal) earlier position that the Board lacked authority to hear and determine waiver denial appeals because such appeals do not emerge from objection decisions as required by section 16(1) of the Tax Revenue Appeals Act (the TRAA). To affirm its prior stance on waiver petitions, the Tribunal focused on the principle of stare decisis (precedent). The Tribunal also observed that the Court of Appeal's latest decision in Commissioner General, Tanzania Revenue Authority vs. New Musoma Textiles Limited, Civil Appeal No. 119 of 2019, was not applicable in waiver appeals.

    The Tribunal claimed that the Current Musoma Case was not directly about a waiver appeal, and that it did not interpret provisions of the TRAA's sections 7 and 16(1), as well as section 53(1) of the Tax Administration Act, 2015 (the TAA), that are relevant in waiver appeals. Taxpayers would be frustrated by the Tribunal's ruling, which came despite the Board's previous rulings stating that it has authority over waiver appeals rendered shortly after the TRA refuses them.

    It's worth noting that the Tribunal decided in TPCC vs. Commissioner General, Tanzania Revenue Authority, Tax Appeal No. 8 of 2019, that the Board's power to hear and settle tax cases is limited to objection decisions only. Any other decision, the Tribunal decided, cannot be specifically challenged to the Board without first going through the TRA's objection process.

    In the case of PanAfrican Energy Tanzania Limited vs. Commissioner General (TRA), Civil Appeal No. 121 of 2018, the Court of Appeal kicked off the waiver appeals discussion. The Court of Appeal held in this case that section 16(1) of the TRAA, as amended by the TAA, limited the right of appeal granted by section 53(1) of the TAA to only objection decisions. This stance meant that, since waiver denial decisions were not the outcome of objection hearings and therefore were non-objection decisions, all appeals to the Board based on those decisions were unsuccessful.

    The Court of Appeal's ruling has been generally viewed as involving the submission of a second challenge to the waiver decision with the TRA before filing an appeal with the Board. The TRA and taxpayer will suffer as a result of this new layer, which the Tribunal has now clearly identified.

    This back-and-forth on waiver appeals causes more confusion in Tanzanian tax administration, necessitating both legal and institutional changes.

    It now remains for the Court of Appeal to give its final decision on the matter

    ]]>
    Sun, 28 Feb 2021 04:38:00 GMT
    <![CDATA[The Supreme Court of Saudi Arabia has provided guidelines on Legal Standards to be Extended to COVID-19-affected Contracts]]> The Supreme Court of Saudi Arabia has provided guidelines on

    Legal Standards to be Extended to COVID-19-affected Contracts

    The Supreme Court of Saudi Arabia released Decision No. 45/M (08/05/1442 A.H.) ("Decision No. 45/M") on December 23, 2020, setting down a series of legal standards that relate to contracts regulated by Saudi law that are influenced by the COVID-19 pandemic. The ruling is important for those affected by COVID-19 because it establishes that Saudi courts have the right to change contract provisions, including force majeure, liability limits, revocation, and termination.

    1. Contracts to which the decision will apply

    For this to extend to a specific contract, the Supreme Court defined five conditions:

    • The relevant contractual obligations must: (i) have been entered into prior to the start of the precautionary measures taken in response to COVID-19; and (ii) still be in effect after the precautionary measures were imposed; the COVID-19 pandemic must have had a direct and unavoidable impact on the contract; and the parties were unable to perform their respective obligations solely due to COVID-19.
    • The involved party did not forfeit its statutory rights or conclude any compromise with respect to the matters at hand; and
    • A special legislation or a ruling of a competent body may not resolve the consequences and losses of the COVID-19 pandemic.

    Many commercial contracts signed before March 2020 would most likely be caught by the test outlined in the ruling. Saudi courts reserve the power to determine whether a contract satisfies all five conditions on a case-by-case basis in all cases.

    2. Saudi courts' right to adjust the terms of contractual contracts:

    The Supreme Court confirmed that once the five conditions are met, a court has the power to amend a contract that has been affected by the pandemic in order to seek justice. The following changes that a court may enforce was expressly specified in Decision No. 45/M:

    Increasing the contract price: If the pandemic has raised the price of supplies, manpower, or operational costs, the contract price may be increased by a fair amount (above what would be a normal increase). If there is a major price rise, the paying party will seek contract termination. The court will order a provisional termination of the deal if the cost changes are only temporary.

    Reducing the quantity of supply: A court will minimize the quantity that a party is expected to supply where there has been a lack of specific products in the market due to the pandemic and the provider would incur extraordinary harm from needing to provide the entire volume.

    Temporarily suspending or terminating an obligation: Where materials have been temporarily inaccessible in the market due to the pandemic, a court may temporarily suspend or terminate obligations. A party can even seek termination if the supplies are unavailable for an extended period of time, making it difficult to carry out any or all of the contract's obligations; and

    Granting extensions of time: If the pandemic has made it difficult for a group to complete work on time, a court can award an extension of time. If an extension of time will cause serious and unusual harm, the other party may warrant termination.

    While beneficial, the instruction produces an atmosphere that is ripe for more future conflicts. What, for example, would be a major rise in costs that would warrant ending the contract? What rights would an innocent person have if the right to terminate arises? Will a party move to cancel a contract if those supplies have been unused for several months and the other party has taken no economically fair action to procure materials elsewhere? Furthermore, while the courts have the authority to extend time extensions, the guidance does not clarify how delays that happened due to the pandemic can be handled.

    Though Decision No. 45/M does not directly mention arbitration, the guidelines could potentially extend to arbitral tribunals applying Saudi law (whether the contract itself is being performed in Saudi Arabia or elsewhere).

    3. Saudi courts' right to change lease conditions:

    The Supreme Court confirmed that if a resident is unable to use a rented property entirely or partly, the court should lower the rent to reflect the real reduction in use.

    The Supreme Court has confirmed that a landlord would not have the power to cancel a lease if a homeowner failed to pay the rent for the time during which the whole or part of a property was unavailable due to the pandemic.

    4. Liability exemptions are unenforceable:

    Where contracts disagree with Sharia law rules, the contradictory provisions will be overridden by Sharia law, according to Saudi law.

    Clauses exempting a party from responsibility in the case of an emergency or force majeure are unenforceable, according to Decision No. 45/M, and the party that violated an agreement carries the burden of demonstrating that COVID-19 caused the violation.

    5. Practical impact:

    The judicial standards outlined in Decision No. 45/M offer valuable advice to parties seeking to decide how the COVID-19 pandemic can affect their contracts and what relief might be possible.

    The Saudi courts have been called upon to address complicated and unprecedented problems resulting from the COVID-19 pandemic over the last year, and Decision No. 45/M offers much-needed clarity on these challenging issues. Saudi courts now have specific rules for how to amend contracts and, most specifically, how to void them.

    The courts' right to interfere and change contractual terms is reaffirmed in Decision No. 45/M, and they should not be reluctant to use it.

     

     

     

    ]]>
    Thu, 25 Feb 2021 12:00:00 GMT
    <![CDATA[Laws of Plea Bargaining Procedure in force (Tanzania)]]> Laws of Plea Bargaining Procedure in force (Tanzania)

    In order to properly enforce the provisions of plea bargaining in the Act, the Chief Justice of Tanzania released the Criminal Procedure (Plea Bargaining) Rules 2021 (Rules) under section 194H of the Criminal Procedure Act [Cap.20 R.E 2019] (Act) vide GN No.180 of 2021 The Guidelines were released on 5 February 2021. The Rules of the Law lay out the procedure for initiating a plea deal. Before making the rules, the practice was that by writing a letter to the DPP through the prison authority, the accused initiates a plea bargaining request. In existing law, it was only at the end of the deal between the prosecutor and the defense that the Court became involved. However, the Laws mandate the witnesses to a criminal offense to include the Court from the start by reminding it of the intention to seek a plea deal verbally or in writing. The Court has the authority to assess the period within which a plea deal can be reached. The maximum period of time that can be given is 30 days. Unlike under the Statute, where the disclosure of facts depends on the sort of court at which the accused was accused, the prosecutor is obliged under the Law to thoroughly report the evidence gathered during the investigation to the accused in order to allow the accused to make an informed decision. This is a major step in strengthening Tanzania's criminal justice administration. The laws also guarantee plaintiffs the ability to engage in the course of plea bargaining, in particular to secure their right to compensation or restitution. A request to provide compensation in the deal can also be made by the survivor. The laws also cleared the question of many accused and defense lawyers that an offense punishable by a limited criminal sentence should be entered into a plea deal. In Tanzania, strict minimum criminal sentences extend to all economic crimes, sexual offences, drug offences and many other offences. For fear of being sentenced to such extreme minimum mandatory custodial terms, many defendants have been reluctant to enter into a plea deal. The laws allow the victim and the public prosecution, in the final plea deal, to recommend a sentence. While the laws grant the Court the power to enforce, as proposed by the parties, a punishment smaller than the mandatory minimum penalty imposed by the constitution, the Court is not bound by the sentence proposed by the parties. The rules lay out the structure of a plea bargain and the format of a motion to set aside a sentence conditional on a plea agreement. The legislative format of the plea bargain did not occur previously.

     

    ]]>
    Wed, 24 Feb 2021 12:00:00 GMT
    <![CDATA[As a language in Tanzanian law and courts, Swahili proposed]]> As a language in Tanzanian law and courts, Swahili proposed

    Introduction:

    On 5 February 2021, Mr. John W.H. Kijazi, Secretary to the Cabinet, released a notification reminding the general public of the 2021 Written Laws (Miscellaneous Amendments) Bill (the Bill) to be discussed in the National Assembly. The Bill recommends that certain written law sections, including the Interpretation of Laws Act (Chapter 1), which is the focus of this legislative update, be updated and incorporated. In a nutshell, the suggested changes replace the language of English with the language of Swahili as the language of the constitution, the Court of Justice and the archives of the administration of justice in Tanzania.

    Context

    Regarding the dispensation of justice, since 1985, the legislation (and practice) has required all courts/tribunals in Tanzania to use Swahili and English. In oral and written hearings, Primary Courts and Ward Tribunals are expected to use the Swahili language. District Courts, Resident Magistrates' Court, Supreme Court, Court of Appeal, and Judicial Tribunals use both Swahili and English languages in oral hearings, depending on the presiding staff. Nonetheless, documents and judgments must be written in English by these Courts/Tribunals.

    With respect to the constitutional process, the Swahili language has been used in the debates and proceedings of the National Assembly since 1965. Bills and Acts of Parliament, including this Bill, have been written and published in English from the British Colonial Rule to date, except for the Constitution of the United Republic of Tanzania of 1977. Subsidiary law is drawn up in Swahili, English or both languages.

    Prelude to Bill:

    In addition, 'simplification and translation of laws' has been a central feature of the law reform Commission of Tanzania (LRCT) since 2008. About 15 of the 2500+ laws imaginable have been translated by LRCT. However, such traduced legislation has never been authorized to official use by the Chief Legislative Draftsman. In addition, although both English and Kiswahili have been accepted by Section 84(1) of Chapter 1, Paragraph 3 of Section 84 prioritizes the English version in the event of a dispute or uncertainty about such clauses or provisions of a statute.

    In comparison, Section 33 of the Written Laws (No. 3) of the Act 2020, which requires the Attorney General 'to transpose any written legislation from one language of enactment into another' and publishes it in the Government Gazette, para. 2 immediately after subsection 1 of section 84 of Chapter 1.

    Change proposed

    The Legislation seeks to change the Law Interpretation Act:

  • Section 84(1) of the proposal specifies that Swahili shall be the language of country law
  • The Bill adds that Section 84(6) empowers the Minister in charge of legal affairs to govern situations and conditions in which laws can be in a language other than Swahili, to allow for some versatility.
  • The bill adds section 84a to which Swahili is declared to be the language used for administrative and legal distribution (by Courts, tribunals and other adjudicative bodies)
  • In the adjudication process English can be used at the discretion of the Chairman, but, unlike English, the resulting reports or documentation must be translated and authenticated to Swahili.
  • Section 84A of the proposed Section requires the Minister responsible for legal matters to assess the situations and conditions in consultation with the Chief Justice where the exemption of justice can be performed in language other than Swahili.
  • Conclusion

    The consequences for the administration of justice in Tanzania of these proposed reforms are varied. After that reform becomes successful, Swahili is mostly a legal language, trials, tribunal documents and communications in the courtroom. Provided that Swahili is commonly used in government and people's day-to-day lives, the use of Swahili will certainly allow all to gain access to justice.

    For technical and sensitive regulations, the Portfolio Minister could still also take advantage of the avenue set out in Section 84(6) to preserve the English version of the applicable rules, for example, regulating tax and investment matters. It is necessary to remember that either the Bill would not recommend or translate into Swahili the drafting of investment-related agreements into Swahili. Moreover, the language of legal education remains English.

     

    ]]>
    Tue, 23 Feb 2021 12:00:00 GMT
    <![CDATA[Beneficial owners' disclosure extended date in Tanzania]]> Beneficial owners' disclosure extended date in Tanzania

    On 1 July 2020, the Finance Act incorporated amendments by creating certain advantageous ownership laws, such as Companies Act, Anti-Laundering Act, the Income Tax Act and the Trustees Incorporations Act.

    The term beneficial owner means a natural individual who has directly or indirectly significant influence over an organization or arrangement, who has tremendous economic advantages from an entity or arrangement, directly or indirectly, whether operating on its own or in combination with others.

    In filing annual returns and notifying the Registrar of Corporations of changes to the beneficial owner within 30 days of all such amendments, the Finance Act imposes a mandatory duty on law firms to declare their beneficial property owners. Please also notice that during the registration period, such disclosure by the beneficial owner must also be filed on the Companies Register.

    The Finance Act required businesses, until 31 December 2020, to report their beneficiaries. The Minister for Industry and Commerce however extended the compliance period until December 2021 on 12 February 2021 (Extension of the Beneficial Ownership Information Period) to give Notice 2021.

    Please be aware of the details to be filed in the registry of the company relating to Beneficiaries include: full name, date, place of origin, telephone number, nationality, national number of identity/passport, residential, mail, and e-mail address, place of work and position held. Moreover a register of benefit holders for all companies in Tanzania shall be established and maintained by the Registrar of Companies. The register will be open to FIU; TRA; anti-money laundering and terrorist funding authorities and authorities with the function of investigations, prosecutions, and confiscations of crime related to money laundering and terrorist financing.

     

    ]]>
    Mon, 22 Feb 2021 05:53:00 GMT
    <![CDATA[EU EMIR: EU Margin and Clearing Rules' changes take place]]> EU EMIR: EU Margin and Clearing Rules' changes take place

    Two delegated acts amending Legislation (EU) 648/2012 (EU EMIR) on the European market infrastructure (EU) were published in the Official Journal of the European Union on 17 February 2021. The delegated laws (the Acts) bring in amendments to the EU requirements for the marginalization of non- cleared OTC derivatives (Margin Rules) and to the requirements for the clearing of interest rate ranges and credit derivative groups (Clearing Rules). The amendments to the rules follow the publication of the final report on the Margin Rules of the European Supervisory Authorities* (ESAs), which proposed updated amendments to the Margin Rules set out in EU Delegated Regulation 2016/2251, and their final report on the Clearing Rules, which proposed amendments to the Clearing Rules set out in EU Delegated Regulations 2015/2205, 2016/592 and 2016/1178. The modifications introduced by the Acts largely follow the proposals set out in the reports of the ESAs. In our description, the reports are covered.

    Summary of changes:

    The reforms proposed by the Acts, in summary, are:

  • Amendments to the initial phase-in margin schedule, such that the implementation of Phase 5 will take place on 1 September 2021 and the implementation of Phase 6 on 1 September 2022;
  • The introduction of the opt-out requirements for physically-settled FX swaps and physically-settled FX forwards from the variation margin, except where both counterparties are investment firms or credit institutions under the EU Capital Requirements Regulation or equivalents of third countries;
  • Extension of the temporary exemption until 30 June 2022 from the clear or exchange margin requirement for intragroup transactions where one counterparty is located in a third country for which no decision on equivalence has been taken;
  • Extension of the temporary exemption from the exchange margin requirement for single-stock equity options and index options by 4 January 2024;
  • The introduction of transitional periods during which the initiation of a transaction solely to replace a UK entity with an EU entity does not give rise to new obligations under the Margin Rules or the Clearing Rules; and
  • Deletion from the Clearing Rules of the provisions pertaining to 'minimum remaining maturities' to reflect the elimination by the EU EMIR Refit Control of the frontloading condition.
  • Application date and implications for on shoring:

    From 18 February 2021, the Statutes, and the changes they make, apply. Since the Acts were not in effect prior to 31 December 2020, the amendments made were not implemented into English law. However, in a policy statement (page 20), the UK Government stated its intention to consult on possible modifications to the corresponding UK margin rules to introduce similar changes under the UK EMIR onshore regime.

     

    ]]>
    Sun, 21 Feb 2021 12:00:00 GMT
    <![CDATA[COVID-19 Measures in Dubai and Abu Dhabi]]> COVID-19 Measures in Dubai and Abu Dhabi

    The Dubai Supreme Committee on Crisis and Disaster Management (the Dubai Committee) and the Abu Dhabi Emergency Crisis and Disasters Committee for the COVID-19 Pandemic have adopted new steps to curtail the' second wave' of COVID-19 incidents (the Abu Dhabi Committee).

    The Dubai Committee declared on 1 February that all pubs and bars in Dubai would close, starting the next day and for the remainder of the month of February, while restaurants and cafes must close by 1:00 a.m. At 70 percent capacity, shopping centers, hotels, private beaches in hotels and swimming pools may operate. At a maximum capacity of 50 percent, theatres, other indoor arenas and sports venues may run. Entertainment events are no longer allowed in restaurants and shops.

    By contacting the Dubai Police or using the Dubai Police App, the Dubai Committee has encouraged the public to disclose breaches. Recent convictions for breaches, including the imposition of fines, have been published.

    The Abu Dhabi Committee declared on 7 February that, with effect from the same day and until further notice, parties and meetings are banned and theatres are closed. A marriage ceremony or a family meeting may be attended by no more than 10 people, and a funeral or mourning service may be attended by no more than 20.

    Malls are restricted to 40 percent capacity, and 50 percent capacity is reserved to gyms, private beaches and swimming pools. At 60 percent capacity, restaurants, coffee shops, hotels, public beaches and parks may function. At 45 percent and 75 percent capacity, respectively, taxis and buses can take passengers and operate.

    New guidelines on entry into the Emirate of Abu Dhabi have also been declared by the Abu Dhabi Council, effective 1 February. Instead of 48 hours, any person entering Abu Dhabi from another Emirate must enter Abu Dhabi within 24 hours of taking the DPI test (Diffractive Phase Interferometry). It is not possible to use the same DPI test results for two consecutive entries in Abu Dhabi. Those who have entered Abu Dhabi on the basis of a DPI test and are planning to remain longer than 48 hours are expected to take a PCR test on the 3rd day after entry and a further PCR test on the 7th day. The validity of the outcome of the PCR test to reach Abu Dhabi continues to be 48 hours; however, it is appropriate to do another PCR test on the 4th day and on the 8th day after admission. The day of admission to Abu Dhabi is deemed to be day 1. These criteria are not applicable to clinical trial participants or to people who have been vaccinated.

    In addition, all employers in Abu Dhabi have been directed to enable their unvaccinated workers to perform a PCR test at least once a week.

    Moreover, the 'green list' of countries for travelers arriving by air has been revised by Abu Dhabi. As of 7 February 2021, the current 'green list' is:

  • • Australia
  • • Bhutan
  • • Brunei
  • • China
  • • Greenland
  • • Hong Kong
  • • Iceland
  • • Mauritius
  • • Mongolia
  • • New Zealand
  • • Saudi-Arabia
  • • Singapore
  • Individuals traveling from these countries are not mandated to be quarantined upon entry; however, on arrival they must conduct a PCR test and conduct another PCR test on day 6 after arrival. Individuals entering from other countries must be under quarantine for 10 days after entry and must also undergo a PCR exam on arrival and again on day 8 after arrival.

    Finally, Ministerial Resolution 21 of 2021, adopted by the Federal Minister of Health and Prevention and effective on 7 February 2021, ensures that all ministry centers will be provided with PCR testing free of charge. The law extends to all UAE residents and to all UAE visa holders.

     

    ]]>
    Thu, 18 Feb 2021 12:00:00 GMT
    <![CDATA[United Kingdom- High Court sets precedent on ‘value’ in post-bankruptcy petition payments]]> United Kingdom- High Court sets precedent on 'value' in post-bankruptcy petition payments

    An appeal submitted by a trustee in bankruptcy, alleging that transfers made by the bankrupt to corporations after the presentation of a bankruptcy petition is void, was rejected by the High Court.

    The court found that the funds had been obtained in good faith by the companies, with value and without notice of the motion for bankruptcy, and thus fell under the scope of the constitutional exemption.

  • The court considered the need to retain the bankruptcy assets while shielding innocent third parties who are struggling with future bankruptcies.
  • The court found that the value did not have to be given directly to the bankrupt or the estate of the bankrupt, but may also allow the payment of value to a third party.
  • Edwards (trustee in bankruptcy of Wasu) v Aurora Leasing Ltd and others [2021] EWHC 96 (Ch)
  • This is a significant and beneficial decision, eventually giving a reported authority on the grounds of which insolvency professionals can examine the nature of "value" while trying to see whether payments rendered for the benefit of creditors following a bankruptcy claim can be reversed.

    HM Revenue and Customs (HMRC) filed a bankruptcy petition against Jagdev Singh Wasu on 23 March 2013. Jagdev made payments to Aurora Leasing Ltd (Aurora) and Howard de Walden Estates Ltd (de Walden) after the presentation of the petition, resulting in the bankruptcy of the trustee (the trustee) demanding that the payments under section 284 of the Insolvency Act of 1986 be invalid (IA 1986).

    Aurora ran a firm that bought machinery and rented it to clients.   Aurora made a bid to Wasu Medical Centre, a partnership made up of parents of Jagdev that worked as a doctor's surgery and was looking to grow into dental practice, the day before the bankruptcy petition was submitted. The bid aimed to fund the procurement of dental instruments. Guarantees from Jagdev and his parents endorsed this agreement. The bid was approved, and Jagdev paid £ 27,972 for the initial rental of the equipment on 26 July 2013.

    At a property let by de Walden to Wasu Property Ltd, the dental equipment was to be installed; a company set up for the planned dental practice in which Jagdev and his parents were directors and shareholders. Jagdev made three payments totaling £ 81,006 to de Walden in July 2013 and August 2013, paying for Wasu Property Ltd's rent arrears. In October 2013, the bankruptcy order was issued.

    Section 284 of IA 1986 lays down the general rule that, unless rendered with the permission of the judge, any disposition of property or payment made by a bankrupt after the presentation of a bankruptcy motion and before vesting of the bankrupt's assets in a trustee is invalid.

    Section 284(4)(a) IA 1986, which allows for an exception to the general law, which includes any property or reward obtained by an individual in good faith before the bankruptcy begins, was found by the court to be of worth and without warning that the petition for bankruptcy was registered.

    The trustee claimed that this exception fell short of Aurora and de Walden because there was a condition that "value" could be given directly to the debtor or the estate of the bankrupt rather than to a third party. The court dismissed that meaning and found that there was no clear qualification for the term "value" in the exemption.

    Judge Prentis found that section 284 balanced the need to "protect the bankruptcy estate, and thereby the creditors of the bankrupt as a whole" and the need to "avoid the consequences if parties could no longer safely deal with a person, honestly and for value, on the chance that a bankruptcy petition had, or was to be, presented".

    Accordingly, the statutory exception was "designed to avoid unfairness and promoted certainty in a bankrupt's dealings for value with innocent third parties". The balance was met because the exception also provided "certainty in a trustee's later investigations into the dealings of the bankrupt", and the exception was "strictly limited to its three elements". In this case, Aurora provided the value of dental equipment and de Walden provided value of property letting; both consequences intended by Jagdev when making the payments. Importantly, neither Aurora nor de Walden had knowledge of the bankruptcy petition at the time the payments were made.

    The trustee's appeal was rejected.

    The case is the first in which the High Court has interpreted the sense of 'value' in the form of a request for payment following bankruptcy, and is therefore relevant. We also traditionally had to rely on the similarities between fees for corporate and personal post petitions, but there are important variations between the two.

    Trustees in bankruptcy should be told to pay particular attention to the situations under which the bankrupt rendered payments to third parties before making an appeal under section 284 IA 1986. In order to decide if the legislative exception under section 284(4)(a) could be valid, particular communications between the bankrupt and the recipients, as well as any details received by the recipients in the course of the trustee's inquiries into the affairs of the bankrupt, should be checked.

     

    ]]>
    Wed, 17 Feb 2021 12:00:00 GMT
    <![CDATA[Latest Executive Rules on Competition Law from Oman]]> Latest Executive Rules on Competition Law from Oman

    Ministerial Resolution Number 18 of 2021, the executive regulations of the Law on the Protection of Competition and Prevention of Monopoly ('Regulations'), supplementing Royal Decree Number 67 of 2014 ('Competition Law'), has been issued by the Oman Ministry of Commerce, Industry and Investment Promotion. The Rules, which were placed into force on 25 January 2021, describe the meaning of the Oman Competition Legislation.

    The Regulations would be of concern and significance to investors acquiring goals with a physical existence in Oman and to major consumer-oriented undertakings supplying goods and services to the Omani industry.

    Economic Basis:

    Legal practitioners in Oman have been accustomed to the document demands requested by the Competition Authority in Oman when advising on the competition law aspects of major M&A transactions affecting an Omani subject. The Regulations now explain the information and materials required if an application for the establishment of an economic concentration pursuant to Article 11 of the Competition Law is made.

    Relevant statistics, including information about main rivals, the impact of the economic concentration on the sector involved and the rationale for the economic concentration, such as whether the national workforce is likely to be impacted by the deal, would be sought in addition to the general market share details. Information of permits or clearances received in other countries from antitrust authorities may also be sought. The Ministry of Commerce, Industry and Investment Promotion will regard the following considerations as part of its decision-making process:

    • The effect on competitiveness within the related sector of an economic concentration;
    • Competitiveness in the related industry, whether real or possible;
    • Facility of entry to the specific sector / unique barriers;
    • Influence on costs, competition and technical competence in the business concerned;
    • Contributions to the promotion of trade, exports and domestic added value (including job creation); and
    • Consumers' interests.

    The Regulations reaffirm the stance taken under the Competition Law, which is that the decision-making process requires up to 90 days after all the documentation and evidence submitted have been filed. It is necessary to acknowledge that if records have been sought but not issued, this 90 day duration will be 'frozen,' meaning that the final decision-making process is likely to extend 90 days. Appeals can be filed against a judgment taken according to the Regulations and the Law of Competition within 60 days of the decision being given.

    Market factors: Geographical and product:

    From the point of view of the consumer, the Competition Law aims to prohibit the introduction of such actions that would have a detrimental impact on the Omani economy, either by the execution of deals or through one or more dominant market actors. Clearly recognizable actions, such as price collusion, predatory selling and re-sale price fixing, are examples of such behaviour.

    In order to decide if such action falls beyond the scope of the Competition Legislation, it has always been important to determine the relevant market when determining the impact of the offending actions, and the Regulations include guidelines on how the relevant market, comprising the geographical market and the commodity market, is determined:

  • Factors such as the ease with which new entrants will enter the market and the preference of consumers for those goods can decide the geographical market; and
  • Factors such as the speed with which a customer can be redirected from one commodity to another due to price fluctuations and changes encountered by the consumer that disclose substitute goods can decide the relevant product market.
  • It is noteworthy that the Regulations specify that input from consumers and rivals will be weighed when assessing whether the applicable regional market or the relevant commodity market.

     

    ]]>
    Tue, 16 Feb 2021 12:00:00 GMT
    <![CDATA[Expatriate UAE Residents’ procedures regarding Wills]]> Expatriate UAE Residents' procedures regarding Wills:

    Expats will be delighted to hear that the allocation of the estate of an individual will now take place according to the rules of the country of which the individual is a resident, rather than the application of UAE law (which codifies Islamic Sharia principles on inheritance). However, with respect to UAE real estate, which continues to be subject to UAE rules, an exception to this would still exist if a Will has not been registered in the UAE.

    What's changed?

    Recently, the Personal Status Act has been amended by Federal Decree No. 29 of 2020.The Civil Code has already been amended by means of Federal Decree No. 30 of 2020.This amendments to the local regime make it possible to apply the local rule of the home countries of UAE resident expatriates to the inheritance of their UAE assets in the lack of a registered will in the UAE.

    Assets and Home Country Law:

    The following movable property is subject to the new laws, in particular:

  • Money in bank accounts;
  • Investments;
  • End of Service and gratuity payments;
  • Death in Service benefit;
  • Company shares;
  • Vehicles; and
  • Personal possessions, such as jewelry
  • Property Registered Will for the UAE

    If you possess real estate properties in the UAE, you are expected to create a UAE Will.

    The choices open to you are as follows:

    Abu Dhabi:

    To declare his will with the Judicial Department of Abu Dhabi. A mere AED 1,000 plus VAT is the authority fee; or

    Dubai:

    File the will under the DIFC List of Wills and Probate, whereby the fee for the DIFC is AED 10,000 plus VAT.

    If you are non-Muslim, it will provide legal clarity for the succession of your properties following death and the appointment of guardians for minor children, if any, to have a locally registered will.

     

    ]]>
    Mon, 15 Feb 2021 12:00:00 GMT
    <![CDATA[Banks called to adopt the 'model litigant values' used in Australia]]> Banks called to adopt the 'model litigant values' used in Australia

    The All-Party Parliamentary Group (APPG), in its disagreements regarding Fair Business Banking with the consumers, urges banks to follow "model litigant principles." The APPG said that the implementation of "fair, honest and mandatory" standards that impose good faith would be a "first step in driving change".

    In a recent letter, the APPG proposed to the FCA that, in relation to a recommendation to impose "strict and substantial financial penalties (payable to the customers) where the bank has deliberately delayed, obfuscated and caused further detriment when it knows it is in the wrong" The APPG argues that for more than ten years, banks have "everything in their (quite extensive) power to deflect, deny and delay dispute resolution" and points out that although setting up the Business Banking Resolution Service was a step in the right direction, a wholesale (executable) provision for banks to behave in all their disputes with explicit guidance will be a "seismic shift".

    The idea of 'model litigant values' originates in Australia. Originally targeted at disagreements concerning the government, following the Royal Commission on Corruption in the Banking, Superannuation and Financial Services Industries, the major Australian banks adopted the standards.

    The basic concepts of the laws are as follows:

    • to behave frankly, consistently and reasonably in the management of lawsuits and litigation;
    • dealing with allegations in a timely manner;
    • giving an early assessment of the potential for success of the litigants;
    • the payment of legal claims without litigation;
    • Not to take advantage of a complainant who needs resources;
    • not relying exclusively on technological protection against a claim;
    • Consider alternate dispute resolution (ADR) solutions.

    In proposing that a similar strategy be followed in the United Kingdom, the APPG speaks highly of the effect the standards have had on the banking industry in Australia, stating that they have transformed the way banks in Australia view their customer transactions "forever".

    The truth, however, could well be less striking provided that, broadly speaking, the standards tend to be compatible with the stance that banks may now take in dealing with consumers, not least because of their regulatory responsibilities to pay due attention to the interests of their customers and to handle them equally. Time will say if the Australian precedent is being practiced in the UK and, as that develops, the realistic effect of implementing "model litigant principles."

     

    ]]>
    Sun, 14 Feb 2021 12:00:00 GMT
    <![CDATA[Mexico - Electric Industry Law]]> Mexico - Electric Industry Law

    On 29 January 2021, the President of Mexico sent a Bill to the Chamber of Representatives on preferential processing ('Bill') to change the Law on Electrical Industry ('LIE') with its acronym in Spanish.

    The Bill seeks to amend the LIE to cancel the energy policy introduced by the end of 2013.

    Amendments to the LIE:

    The following is a description of the proposed changes to the LIE:

    • Adjustment of the dispatch conditions for plants related to the national electrical system ('SEN' for its acronym in Spanish);
    • Licenses should be given in compliance with the planning requirements of the SEN provided by the Ministry of Energy ('SENER' for its Spanish acronym)
    • Requires the awarding of Renewable Energy Certificates ("CELs" in Spanish for its acronym) to power plants, independent of the date of commercial operation;
    • Reduces the requirement to enter into electricity supply arrangements solely by public auctions as currently applicable to CFE Provider of Essential Services (CFE Basic Services Supplier)
    • The Energy Regulatory Commission ('CRE') is obliged, for its acronym in Spanish, to revoke grandfathered self-supply permits issued by means of fraudulent acts, and
    • Incorporation of the Legality and Profitability Review for the Federal Government of the Energy Contribution and Electric Power Procurement Arrangements reached by the CFE and the Independent Power Generators according to the Legislation on Public Electricity Supplies.

    Legal ramifications 

    The Bill poses significant threats of unconstitutionality in the fields of free competition, unequal treatment, legality, legal certainty, retroactivity, sustainability and environmental security and reverence for fundamental rights, among others.

    In addition, the right of the Mexican State to change its legal structure is constrained by the commitments assumed in many treaties concluded and ratified by our government. In this way, the adoption and execution of the Bill could explicitly breach international agreements and treaties, including the United States-Mexico-Canada Agreement (USMCA), the Free Trade Agreement between Mexico and the European Union (FTAEU) and the Comprehensive and Progressive Agreements (CPTPP).

     

     

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    Wed, 10 Feb 2021 02:30:00 GMT
    <![CDATA[Australian Patent Law Update – The High Court reversed more than 100 years of law, favoring the US Doctrine of Exhaustion]]> Australian Patent Law Update – The High Court reversed more than 100 years of law, favoring the US Doctrine of Exhaustion

    At the end of last year, the High Court of Australia reversed more than 100 years of precedent when it put down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko).

    Rather than agreeing with the current concept of 'implied licence,' the High Court in its decision followed the US Common Law Patent Doctrine, which provides that the patentee's exclusive rights over its inventions are 'exhausted' after the sale (the exhaustion doctrine).

    Background:

    Seiko Epson Company, the defendant in the lawsuit, made and marketed printer cartridges under the brand name 'Epson' (Epson cartridges). The Epson proprietary cartridges were a single-use item which means the cartridge had to be discarded and substituted as soon as the cartridge's ink had been used. SDN BHD obtained and changed empty Epson pads to allow the pads to be refilled. Ninestar Image (Malaysia), SDN BHD The claimant, Calidad Pty Ltd (Calidad), then bought the updated cartridges and shipped them for public sale into Australia. Calidad used the implied license doctrine to contend that it did not directly infringe the patent of Calidad since an implied license was applied to the commodity on initial distribution, which involved the use, repair, manufacture, shipment, resale, or other disposal of Epson cartridge. Seiko alleged that the alterations to the proprietary Epson cartridges had extinguished every implicit permission. Calidad violated Seiko's rights as the patentee by the manufacture and sale of the changed cartridge.

    Implied Licence Doctrine:

    The 'implicit license' doctrine lays down that the patent extends the implicit permission for use by the purchaser (and by any later purchaser) to use the product when the patented product is sold by or with the permission of the patented individual and when the subsequent use or use of the patented product is unrestricted.

    An effort to align Australian patent law with the established law principle emerging from the implicit license doctrine given is that the consumer of a product is the owner of that product and has the sole right to use and disposal the product as he deems fit. The implicit license doctrine was designed to remedy the legal tension resulting from the purchaser (legal owner) of a patented product who wishes this product to be disposed of without the patentee's consent.

    Court Judgments 

    Initially in Calidad v Seiko, Calidad and Seiko ran their respective arguments regarding the implied licence doctrine.

    In the first case, Burley J found that the Epson cartridge had been altered beyond the scope of the licence and thus that Calidad had infringed the Patent Rights of Seiko, which was such a drastic improvement.

    On appeal, the Full Court disagreed with Burley J's logic and declared that the matter to be resolved was whether the Epson cartridge alterations came within the implied license scope. The Full Court ruled that the changes were not included by the implied license and agreed with Seiko's claims that Calidad had thereby violated the patent.

    Calidad pleaded in appeal to the High Court that, concerning the implicit license doctrine, the Court could extend exhaustion and, by 4:3 plurality, the High Court agreed.

    The exhaustion doctrine

    According to the exhaustion doctrine, a patentee's rights concerning their patented products are 'exhausted' once those products are sold without any restrictive conditions for their use.

    The majority of the High Court acknowledged that the basic discrepancies between the doctrine of the implied license and the doctrine exhaustion are the ones that follow:

  • The implicit license doctrine states that the patentee's rights concerning their patented products shall endure the sale of such products. According to the implied license doctrine, a patentee may apply for a license. The qualification may be 'forced as a matter of common sense,' as opposed to compliance under contract law.
  • The doctrine of exhaustion assumes that the patentee's rights concerning their proprietary products are exhausted by selling such products. That is, 'the sale takes the product outside the patentee's monopoly rights' scope. The patentee may restrict the purchaser's use of the product by way of contract.
  • High Court Judgment

    The majority opinion was that the implied license doctrine is 'complicated' and is only capable of achieving partial compliance with the fundamental principle of chattel law 'when it is clear that no restrictions were enforced at the point of the first sale.

    The High Court held that the doctrine of exhaustion had been adopted and that any implicit license had been exhausted on sale. The Court, therefore, ruled in favour of Calidad. The changes made to the Epson cartridges were deemed to come within the limits of the rights that the consumer (and thus the legitimate owner) of the product had to extend the life of the product and thus did not represent a 'making' of the patented product of Seiko. The import and sale of Epson cartridges by Calidad were held not to constitute an infringement on Seiko's rights.

     

     

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    Mon, 08 Feb 2021 04:15:00 GMT
    <![CDATA[Oman: Amendments to FCIL]]> Oman: Amendments to FCIL

    The Foreign Capital Investment Law replaced the Foreign Capital Investment Law of 1994 promulgated by Royal Decree Number 50 of 2019. The new law came into force on the 1st of January 2020.  

    The most significant changes introduced by the new FCIL are as follows;

  • Minimum share capital- the old FCIL required foreign-owned Omani companies to maintain a minimum share capital of RO 150,000; the new law has removed any such requirement on share capital. It further does not set any general limit the same. 
  • Conditions and prohibitions- the new FCIL prohibits investment in certain activities in Article 14, the Ministry of Commerce and Industry is said to issue a decision stipulating the same. Further, Executive Regulations shall be issued to the new law that shall set out conditions and processes for issuing approvals, permits and licenses for investment projects. 
  • Case by case basis application- the MOCI has proposed to apply the new FCIL on a case by case basis due to the absence of a clear regulatory framework. The MOCI is yet to lay down, in concrete terms, general and specific restrictions imposed on 100% foreign-owned companies. Further, MOCI is also required to lay down activities that will fall under the negative list's ambit. 
  • Initial registered capital amount- regarding Omani LLCs under the new FCIL, investors who are desirous of hiring expat employees should be aware of the grading factors imposed by the Oman Chamber of Commerce and Industry (OCCI) for visa approvals. An LLC that does not meet the required grade, or is at a lower grade shall not obtain expat visas. 
  • Shareholding percentage- the old law, imposed a general limit of shareholdings. A foreign investor should examine the terms of their shareholder agreements to check whether shareholdings can be increased beyond 70%. 
  • ]]>
    Thu, 04 Feb 2021 12:13:00 GMT
    <![CDATA[England: New Leasehold Extension Rights ]]> England: New Leasehold Extension Rights

    On 7th January 2021, the Housing Secretary announced the extension of lease by a maximum term of 990 years at zero ground rent. As per current regulation, leaseholders are permitted to extend their lease once every 50 years with zero ground rent. This is compared with leaseholders of flats that are allowed to extend their lease as often as they wish a zero peppercorn ground rent for 90 years. The effect of the change shall reflect in the ability of both house and flat leaseholders to extend their lease for a standard period of 990 years with zero ground rent. 

    The decision to extend leaseholders' rights is a transformative step by the law commission and one of the most significant English property laws reforms in 40 years. Typically, homeowners are required to pay annual ground rent to the freeholder of property. The government shall introduce the following in furtherance of the interest of leaseholders;

  • The ground rent payable by the leaseholder shall be restricted when the leaseholder chooses to extend the lease or become a freeholder 
  • An online calculator shall be introduced to simplify calculating the cost to buy their freehold or extend their lease. This would curb quoting unreasonable and inflated prices by freeholders;
  • Measures to protect the elderly by making reforms applicable to retirement leasehold properties 
  • The government shall also set up a common-hold council 
  • The government has also proposed to abolish costs like marriage value to make it easier to calculate rates in a fairer, cheaper and more transparent manner. 
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    Tue, 02 Feb 2021 05:08:00 GMT
    <![CDATA[UAE: Citizenship Law Amendments]]> UAE: Citizenship Law Amendments

    The UAE government has proposed to amend Executive Regulations pertaining to Federal Law concerning Nationality and Passports. The UAE is on a journey of development; the new amendments aim to attract talents that could potentially contribute to such development. It seeks to appreciate the competencies present in the UAE and attract bright minds into the Emirati community.

  • The changes in UAE aims to include several different categories of eligible residents and offers a wide range of benefits, inclusive of their right to establish or own commercial entities and properties. Therefore, investors are eligible to apply for citizenship.
  • Further, doctors that specialize in a unique scientific discipline and any other discipline that is highly required by the UAE shall be granted eligibility.
  • Creative talents including intellectuals and artists that are pioneers in their fields and persons who have received international awards in their respective faculties shall be eligible to apply. Artists shall be required to present a recommendation letter from related government entities mandatorily.
  • Scientists; persons who engage actively as a researcher in a university or private research centre, provided that they have at least ten years' experience in the said field. Their contribution to the scientific field must be recognized, through awards or substantial funding for their research during the past ten years. Such persons are also required to mandatorily obtain a letter of recommendation from a recognized scientific institution in the UAE.
  • Inventors who have obtained one or more patents approved by the Ministry of Economy are also eligible to apply. Such inventors are required to obtain a recommendation letter from the Ministry of Economy. 
  • Upon satisfying the criteria mentioned above and qualify to apply for citizenship, all such persons shall pledge allegiance, committing to abide by Emirati laws and officially renouncing their citizenship in their respective countries. In case of breach of conditional precedents imposed by the amendments, citizenship can be withdrawn.

     

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    Sun, 31 Jan 2021 04:04:00 GMT
    <![CDATA[Bahrain- Proposed Advertisement Law Reforms]]> Bahrain- Proposed Advertisement Law Reforms

    The Government of Bahrain has proposed to lay down new laws and guidelines amending advertisement laws currently in existence for 48 years. The legislation, so introduced shall immediately repeal and replace the Advertisement Law of 1973.

    The new Law's introduction aims to curb offensive adverts and impose stringent penalties on violators. Further, the law aims to lay down guidelines for advertisements, including electronic billboards, banners and other innovative displays to keep up with changing technology, considering that the old law fails to keep up with the same.

    The revamped Law shall provide authorities with more control over the types of ads displayed, subsequently allowing municipalities to gain more revenue in this elevated advertisement market. The role of advertisements on a global level is to contribute economically to several sectors. The new law aims to capture these sectors by placing reliance on concepts such as electronic billboards and innovative displays. Furthermore, introducing a new law plays a significant role in keeping administrative and legal action at par with technical and moral changes.

    Once the law goes through a parliamentary review, the final version of the proposed law shall be made available to the public.

     

     

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    Wed, 27 Jan 2021 01:47:00 GMT
    <![CDATA[USA- The Corporate Transparency Act]]> USA- The Corporate Transparency Act

    The National Defense Authorization Act for the new fiscal year of 2021 includes the Corporate Transparency Act. The purpose of this Act is to curb illicit financing through anonymous shell companies. The Act is the first significant update to anti-money laundering laws in the US in 20 years.

    The Act's fundamental aim is to identify beneficial owners of a company, which means, disclosure of information by filing reports that provide names, date of birth, addresses, identification numbers, and so on, to the FinCEN, a bureau of the US Treasury Department. All such information is required to be updated to annually to avoid irregularities and reflect changes.

    The CTA applies to existing corporations, LLCs and other such new entities that may be formed. Specific companies that are either heavily regulated, large corporations or companies that have already provided information about a government agency are exempted from these requirements. The reporting requirements apply to;

  • Companies that employ more than 20 people and report revenues exceeding the $5 million threshold on tax returns having a physical presence in the US.
  • Financial service institutions such as, investment, accounting, securities trading, banks, credit unions etc. that report to, and are regulated by government agencies such as the SEC, FDIC, the Office of the Comptroller of Currency.
  • Churches, charities and other non-profit organizations
  • The CTA provides certain exceptions to the persons who fall under the ambit of the term beneficial owner. There are five exceptions to the term beneficial owner;

  • An individual acting in the capacity of a nominee, intermediary, custodian or agent on behalf of another individual
  • An individual acting as an employee who derives control due to his employee status
  • An individual whose interest in the company arises from his right to inheritance
  • A creditor of an entity, unless he possesses all such qualities of a beneficial owner
  • A minor
  • A beneficial owner is an individual who exercises substantial control over an entity, directly or indirectly through a contract, arrangement, understanding or otherwise, and in case he owns or controls at least 25% ownership interest in the said entity.

    A company must file all such information about beneficial ownership at the time of forming or registering such company. In the case of an existing company, such information must be provided in a timely fashion, not later than two years after the regulations' effective date. If the beneficial owner has changed, the company shall immediately provide such information to the FinCEN as soon as practicable.

     

     

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    Tue, 26 Jan 2021 11:36:00 GMT
    <![CDATA[USA- New York Senate Bill on Commercial Financing Disclosure Requirements]]> USA- New York Senate Bill on Commercial Financing Disclosure Requirements

    A new law has been introduced through SB5470 which will impose disclosure requirements on providers of commercial financing. The new law that shall come into force on 21st June 2021 lays down that non-exempt provider of commercial financing must disclose transaction terms to the borrower and obtain their signature before concluding the transaction. The new law is similar to the Federal Truth in Lending Act and Regulation Z, imposed on loans.

    Disclosure requirements

    The requirements prescribed under the law are said to vary according to the type of commercial financing involved. Essentially, the following necessary information is required to be disclosed:

  • The total amount of commercial funding, or the disbursement amount
  • The finance charge
  • The annual percentage rate calculated according to TILA and Regulation Z
  • The repayment amount
  • Term of finance
  • Description of prepayment
  • Collateral requirements
  • In case a provider requires a recipient to pay off a commercial loan before renewal, the new amount being applied for shall be disclosed in addition to the interest under financing and prepayment charges. A retail financing provider must obtain the recipient's signature, which may be in the electronic format on all such disclosures before proceeding with the transaction application.

    Exemptions

    Certain entities and transactions are exempted under the Act. Federal or State financial institutions, bank holding companies and their non-bank subsidiaries do not fall under financial institutions' definition. Further, technology service providers are also exempted as longs as the provider has no interest in or agreement to purchase any interest in the commercial financing extended to it. Lastly, entities that fall under the federal Farm Credit Act are also exempted under the new Act.

    Transactions secured by real property leases defined under the NY Uniform Commercial Code and individual transactions exceeding 500,000 dollars are also exempted under the Act.

    The Act authorizes Department of Financial Services to penalize violations by imposing civil penalties that do not exceed $ 2000 per violation and in case of willful violations $10,000 per violation. The DFS can also order additional relief in the form of preliminary and permanent injunctions.

     

     

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    Sun, 24 Jan 2021 11:03:00 GMT
    <![CDATA[Russia- New Experimental Legal Framework for AI]]> Russia- New Experimental Legal Framework for AI

    The Russian Federation has introduced the development of a new experimental legal regime for artificial intelligence projects. The draft bill was first introduced in early 2020 which was later enacted through Russia's Federal Law Number 123-FZ. This experimental law aims at creating digital sandboxes where technology can be developed and tested. A more expansive law is set to come into force that would cover all connected issues, through Federal Law Number 258-FZ.

    The objective of this law is to allow companies that engage in development of AI to work on innovation that is not regulated under any existing legislation. This experimental regime is said to last for five years. The government has introduced this regime as part of their "Moscow- the Smart City 2030" initiative that will fundamentally digitize and make AI an integral part of the people's daily life.

    These digital sandboxes will be easier to monitor and also allow the government to recognize legal issues that may potentially arise and may require urgent regulation. The main concern arising out of the introduction of this legislation is that of personal data protection. The fact that the legislation lays down that, no personal data shall be used for experimental purposes is fairly vague considering the vast nature of the internet and ease of availability of personal data across all such digital platforms. Further it also fails to address issues connected with liability in case of depersonalization of data, storage and erasure of personal data and many more such issues.

    Recognizing the negative effects of the legislation, a draft bill rectifying and addressing all such concerns has been proposed to be introduced by 2025. During this period, authorities shall be tasked with recognizing all such gaps that may be contributing to breach of data.

    Federal Law Number 258-FZ therefore provides for a fairly comprehensive framework, however, legislations still require a lot more trial and error to be perfected. The new law calls for a maximum duration of three years subject to extension. The law covers sectors such as the medical, logistical, transportation, municipal, industrial production and agricultural sector. The new law also allows the government to introduce exceptions and certain other legislative requirements that can be adjusted as per innovation.

    Russia- New Experimental Legal Framework for AI

    The Russian Federation has introduced the development of a new experimental legal regime for artificial intelligence projects. The draft bill was first introduced in early 2020 which was later enacted through Russia's Federal Law Number 123-FZ. This experimental law aims at creating digital sandboxes where technology can be developed and tested. A more expansive law is set to come into force that would cover all connected issues, through Federal Law Number 258-FZ.

    The objective of this law is to allow companies that engage in development of AI to work on innovation that is not regulated under any existing legislation. This experimental regime is said to last for five years. The government has introduced this regime as part of their "Moscow- the Smart City 2030" initiative that will fundamentally digitize and make AI an integral part of the people's daily life.

    These digital sandboxes will be easier to monitor and also allow the government to recognize legal issues that may potentially arise and may require urgent regulation. The main concern arising out of the introduction of this legislation is that of personal data protection. The fact that the legislation lays down that, no personal data shall be used for experimental purposes is fairly vague considering the vast nature of the internet and ease of availability of personal data across all such digital platforms. Further it also fails to address issues connected with liability in case of depersonalization of data, storage and erasure of personal data and many more such issues.

    Recognizing the negative effects of the legislation, a draft bill rectifying and addressing all such concerns has been proposed to be introduced by 2025. During this period, authorities shall be tasked with recognizing all such gaps that may be contributing to breach of data.

    Federal Law Number 258-FZ therefore provides for a fairly comprehensive framework, however, legislations still require a lot more trial and error to be perfected. The new law calls for a maximum duration of three years subject to extension. The law covers sectors such as the medical, logistical, transportation, municipal, industrial production and agricultural sector. The new law also allows the government to introduce exceptions and certain other legislative requirements that can be adjusted as per innovation.

     

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    Thu, 21 Jan 2021 03:43:00 GMT
    <![CDATA[Saudi Arabia- Labour Law Reforms]]> Saudi Arabia- Labour Law Reforms

    The Saudi Ministry of Human Resources and Social Development has launched a labour reform initiative through Resolution Number 51848/1442 to replace the Kafala system (Sponsorship). The kafala system affects the mobility of foreign workers who are sponsored by local employers in the country. The kafala system governs foreign workers' movement in terms of changing jobs, opening bank accounts, travelling outside the country, and any other administrative tasks. The new reforms aim to ease foreign workers' mobility in the private sector and emphasize the relationship between employers and foreign employees. The provisions are set to come into force on the 14th of March 2021.

  • Objectives of the Resolution:
  • Modernization of the terms of employment for expats.
  • Improvement of transparency and mobility and ease restrictions on entry and exit requirements.
  • Mitigation of risks associated with exploitation and combat black market practices and human trafficking.
  • The most significant changes introduced as per the initiative are as follows;

  • The Resolution deals with matters such as enabling foreign employees to leave their jobs without the consent of their employer upon expiration of the contract and enabling the foreign employee to leave their position before the expiry of their employment contract, provided that they have served a 90 days' notice to the employer and has worked in the country for at least a year. Further, the Resolution also aims to establish an electronic portal that enables both employers and employees to submit notifications, job offers, and requests for transfer or any other such task previously under the sole discretion of the sponsor.
  • The Resolution also lays down provisions for exit and re-entry. Before the introduction of these reforms, a foreign employee desirous of exiting the country could not do so without the prior consent of their employer or sponsor; however, this requirement has been removed, and now the foreign employee is permitted to directly apply for the same through the electronic platform provided by the government for this purpose. However, this request is subject to the refusal in case the person using for exit is liable to any outstanding fines or debts, as is applicable in most GCC countries. Upon approval of the request, the employer or sponsor shall receive an automatic notification when the employee exits and re-enters the country.
  • The sponsor or employer was previously required to sign a 'final exit visa' as per the immigration policy. Under the introduction of the Resolution, such consent is no longer necessary.
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    Mon, 18 Jan 2021 12:00:00 GMT
    <![CDATA[China- Intellectual Property Law Enforcement]]> China- Intellectual Property Law Enforcement

    The State Administration for Market Regulation (SAMR) released an intellectual property law enforcement plan in early 2020, dubbed as the "iron fist". The action plan aims to strengthen law enforcement for commodities, physical marketplaces, e-commerce, and IP application process. The plan seeks to gather information through regional cooperation and statistical evaluation.

    The particulars of the plan are as follows;

  • The action plan aims to strengthen law enforcement on crucial commodities, including household products, electronics, food, anti-epidemic equipment and protective articles, clothing etc. The regulatory authority is empowered to investigate cases of potential trademark and patent violation. As per the action plan, the SAMR shall investigate infringement cases and counterfeit and further strengthen intellectual property enforcement involving official logos.
  • The SAMR shall also carry out investigations in physical market places by conducting surprise inspections and law enforcement actions promptly. The quantum of these inspections shall be increased during peak consumption periods in both urban and rural areas.
  • The SAMR aims to enhance their online investigation process and source tracing to tackle e-commerce law enforcement issues. Further, it seeks to strengthen communication and cooperation between law enforcement and intellectual property holders, e-commerce operators, delivery companies etc., to provide support to law enforcement departments.
  • As for IP application procedures, the SAMR shall be empowered to crack down malicious applications in trademark and patent cases, applications filed without the intention to use, applications filed to deceive or for any other such improper means. The SAMR is also empowered to hold persons liable for illegal activities per the law.
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    Sun, 17 Jan 2021 12:00:00 GMT
    <![CDATA[Canada- Anti Spam Legislation]]> Canada- Anti Spam Legislation

    The Canadian Radio-Television and Telecommunications Commission (CRTC) and the Federal Court of Appeal issued guidance regarding Canada's Anti-Spam Legislation (CASL) validity. This guidance lays down a comprehensive regime for regarding offences, enforcement mechanisms etc.

    Some critical aspects of the CASL are as follows:

  • Prohibition and exceptions regarding Commercial Electronic Messages (CEM) unless the recipient has expressly given his consent to receive such messages. It also ensures that these CEMs comply with formalities as laid down in the legislation.
  • It further also prohibits the installation and use of computer programs on another system in commercial activities without the express consent of the user of such a system.
  • It imposes a liability on the persons or entities engaging in direct or indirect violations; the legislation provides for due diligence as a defence.
  • The legislation imposes regulatory penalties for any such violations along with the option to claim a private right of action.
  • The CRTC is responsible for enforcing all such regulations as per the rules and take actions against violators thereof. For this purpose, the guidance issued touches on exceptions associated with self-installed computers, the owner and authorized user's definition, provisions related to the invasion of computer programs for which separate consent is required from the authorized user, amongst others. They have further raised concerns regarding computer applications that use personal data and such data being shared. There has also been mention of downloading other programs and applications that do not expressly obtain their users' consent before downloading other programs; all these issues have been addressed in the guidance as mentioned.

     

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    Thu, 14 Jan 2021 12:00:00 GMT
    <![CDATA[Canada aims at a Simplified and Eco-Friendly Leave Application Procedure]]> Canada aims at a Simplified and Eco-Friendly Leave Application Procedure

    The Apex Court of Canada has introduced requisite amends to its Rules of the Supreme Court of Canada to make the leave application process easier and has also made the whole process eco-friendly by mandating the application for leave to be filed in an electronic format. Also, for the proceedings, the agents are no longer needed. 

    The amendments took effect from January 27th, 2020. 

    Barbara Kincaid, General Counsel of the Supreme Court of Canada, states that the Supreme Court of Canada's laws are examined regularly and adjusted every two years. In December 2017, Chief Justice Richard Wagner, who assumed office, ordered a comprehensive review of the rules, she claims, partially to enhance automated procedures and electronic reporting. "The most important amendments are to the process of requesting leave," Kincaid says. 'The objective of the amendments is to simplify the procedure of seeking leave,' which comprises the notice of application, the lower court's rulings to be appealed, and the memorandum of argument.

    Amendment to Rule 25(1)(d) shall be considered particularly notable. Because the relevant parties were previously made to submit a lot of supporting documents concerning their leave application under this rule. The change made to paragraph (d) limits this need for supporting documents as transcripts or evidence contained in the lower court is now used-this where the process is contoured.

    Agents

    The prerequisite for the use of agents, i.e., lawyers working in the National Capital Region, was officially and informally posed by members of the bar for hearings before the Supreme Court and the Court held deliberation with the concerned lawyers as well as the Bar Council of Canada regarding the prerequisite to obtain feedback.

    This prerequisite was of special interest to the intervenors who were not considered the principal parties in the appeal process but still had to pay for the auxiliary legal personnel. The court has contended that parties are free to use the lawyers since they hold expertise in the Supreme Court, which would help in enhancing efficiency. 

    Procedure for filing

    Only two aspects of the application for leave are necessary to be submitted in electronic form under the existing guidelines: the notice of application for leave to appeal and the memorandum of argument. But with the amendment in place, all the elements shall be filed and apportioned electronically. 

    The Obligation for printing is mitigated, as only the original (duly signed) version of the leave request and two copies (rather than five), need to be filed by the parties. That being said, owing to the novel coronavirus pandemic, this need for printed copies remains suspended since strictly limited court registry employees work in the courtroom and have a comparatively lower capacity to process such applications from their homes.

    The applicant shall also encompass the hyperlinks to the reasons for the lower court (if available) in their electronic leave application. He/She no longer have to furnish an "affidavit of support" along with their leave application. 

    In addition, an applicant who is appealing for leave or cross-appealing for the same shall send the e-version (by e-mail) of such applications to all respondents, all other applicants, and all interveners, and a read or delivery receipt shall also be filed with the registrar.

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    Wed, 13 Jan 2021 05:18:00 GMT
    <![CDATA[New Zealand's New Tenancy Reform]]> New Zealand's New Tenancy Reform

    Introduction

    A new law is set to come into force on February 11, 2021, making it more difficult for landlords, among several other measures to evict tenants without justification. Significant amendments to the Residential Tenancies Act 1986 become legislation from February 11 onwards, incorporating tenants more strongly and making it more difficult for landlords to evict, for a much more narrow variety of purposes. It is imperative to note that the legislation has been amended after 35 long years. 

    Eviction

    Landlords shall no longer be permitted to evict tenants by serving a 90 days' notice; the amendment provides that "specific grounds" need to be established for this purpose along with adjustment of notice periods.

    In case the landlord or their family member wishes to occupy the said property, the landlord shall serve a 63 days' notice on the tenant for such eviction. In case of sale of the property, the landlord shall serve a 90 days' notice.

    To evict problematic renters, landlords must document three separate anti-social incidents in a span of 90 days or show that the tenant has exceeded the limit to pay rent by five days, five times over 90 days.

    Exceptional situation

    Suppose tenants are at least 21 days in arrears for rent. In that case, if they have caused or attempted to cause "significant" harm, assaulted or threatened to assault others, used the house for criminal activity, or left home without returning, they can issue the eviction letter against such tenants to restore the possession of the rented place.

    Modification

    The reforms focus on creating a homely environment for renters. Tenants would be able to request fibre broadband (internet services), at no extra cost to them, landlords would have to bear the expenses for such a provision. However, the landlord is empowered to deny such a request under certain conditions;

  • If the weather-tightness or the structural stability of the property is threatened,
  • If it causes a breach of rules and regulations of the corporate body of the building; 
  • If the owner intends to carry out extensive renovations in the upcoming 90 days
  • If any such construction might lead to an unnecessary loss for the owner, such a request is then subject to refusal.
  • Tenants will also be entitled to make minor improvements to the house, such as hanging curtains, installing new fans, provisions, cables, or adding a pet door. If the modification is minimal, landlords will not be permitted to refuse. These are very minimal and necessary changes/modifications that the tenant requires and can only have a peaceful stay and a firm transition to the new house and feel like home without much hostility.

    The landlord shall not be permitted to refuse such modifications without just cause. However, they may impose certain restrictions on how modifications shall be carried out. Further, if the modification cannot be reversed at the end of a tenancy, the landlord is permitted to reject the same.

    Rent Prices

    The amendments prohibit rental bidding wars, and all assets are to be marketed with an unequivocal price tag. Renters are permitted to pay a higher price than what is marketed, provided the landlord does not instigate the same.

    If there are fair and enough reasons for the owner to refuse the following proposition then the renters would be permitted to move their "interests and responsibilities" to another person if not they cannot transfer the same.

     

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    Mon, 11 Jan 2021 12:00:00 GMT
    <![CDATA[South Africa- Relaxation of loop structure restrictions]]> South Africa- Relaxation of loop structure restrictions

    The South African Reserve Bank issued Exchange Control Circular Number 1 of 2021 which essentially relaxes the restrictions on loop structures with effect from 1st January 2021. These relaxations aim to promote growth and incentivize investments in South Africa.

    A loop structure is when a South African resident invests in an offshore vehicle that successively invests in South African assets situated in the Common Monetary Area. The Exchange Control Regulations, 1961 expressly prohibited loop structures under regulation 10(1) (c). With the introduction of the Circular, the Currency and Exchanges Manual for Authorized Dealers has been amended to allow private individuals and resident companies to enter into new loop structures subject to such an investment being reported to an authorized dealer and submission of a report for the same to the Financial Surveillance Department of the South African Reserve Bank through an authorized dealer. Written confirmation from an independent auditor verifying the transaction shall be submitted to the authorized dealer for a fair market price.

    Upon conclusion of the transaction, the authorized dealer shall provide a report to the Financial Surveillance Department of the South African Reserve Bank regarding names of South African affiliated foreign investors, description of assets to be acquired, names of South African target Investment Company, date of acquisition, actual foreign currency amount and so on.

    Regarding foreign inheritance, if the asset inherited is held by the deceased offshore then the resident who has inherited such assets may apply for approval to retain such assets offshore in compliance with the exchange control regulations. Further, such approval was subject to certain conditions, in that such assets could not be used to invest in a loop structure; however, restrictions regarding loop structures have been removed. 

     

     

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    Sun, 10 Jan 2021 10:38:00 GMT
    <![CDATA[Canada- Digital Charter Implementation Act 2020]]> Canada- Digital Charter Implementation Act 2020

    The federal government has updated Canada's privacy framework by introducing the Digital Charter Implementation Act 2020 (DCIA). Upon enactment into law, this Act shall facilitate the protection of Canada's personal information in the private sector, establish provisions in case of breach of privacy, and avail remedies to individuals who have suffered a loss due to breach thereof.

    Objectives of the DCIA:

    The Act aims to modernize consent rules and ensure that personal information is written in plain language. Further, the Act seeks to improve data mobility, empowers individuals to withdraw consent regarding personal information, and requires organizations to maintain a transparent algorithm and remove any such practices that involve identifying personal information.

    Key highlights:

    The Act proposes establishing a new federal privacy statute, namely, the Consumer Privacy Protection Act (CPPA).

  • Part I of The Personal Information Protection and Electronic Documents Act 2000, concerning collection and disclosure of data is proposed to be replaced by the CPPA. The application of this provision shall not be limited to Canadian organizations alone. It will also apply to organizations that collect, use or disclose information for commercial activities provincially, nationally and internationally. The new Act aims to give citizens more control over how their data is processed across borders.
  • The CPPA mandates that organizations shall obtain valid consent before collecting, using or disclosing personal information. The organization seeking information shall, in plain language, explain to the concerned person; the purpose of collecting such information, the method of collection, consequences of disclosure, type of information, the names of the parties with whom such information may be shared.
  • The organization shall implement a privacy management program, comprising of policies and procedures to fulfil their compliance obligations, based on the sensitivity of the data collected. The organization is responsible for breaching such compliance requirements, such as theft of data, unauthorized access, technical or physical breach, etc.
  • The proposed law aims to increase the Privacy Commissioner's investigative and enforcement powers by expanding its capabilities and permitting inquiries in cases where the Commissioner reasonably believes there exists a breach of legislation. The Commissioner is empowered to issue a compliance order directing organizations to take measures to rectify the breach, cease contravening acts, enforce compliance with the terms of the compliance agreement, or if any actions have been proposed in the organization, make such measures public. The prior PIPEDA permitted the court alone to make such an order.
  • Depending on the severity of the breach, the Commissioner shall impose a fine on the organization extending up to $10,000,000 or equivalent to 3% of the gross global revenue of the organization in the preceding financial year. The Commission shall take into consideration the following factors before imposing such a penalty, as follows;
  • The nature and scope of the contravention;
  • The organization's history with the breach;
  • Their ability to pay and carry on business;
  • Financial benefits derived from the breach;
  • Any other such factor, as may be relevant ;
  • The CPPA further provides for a class action against organizations that act in contravention of thereof. Such action can be brought before the Superior Court of a province, subject to a two-year limitation.
  • ]]>
    Thu, 07 Jan 2021 05:20:00 GMT
    <![CDATA[EU-UK: The EU-UK Trade Cooperation Agreement]]> EU-UK: The EU-UK Trade Cooperation Agreement

    The Trade Cooperation Treaty between the EU and the UK sets out arrangements of trade of goods and services, intellectual property, aviation, transport, digital commerce, energy, law enforcement, criminal matters, judicial cooperation, thematic cooperation, public procurement Union participation programs. The Agreement aims to preserve the relationship between the EU and UK post-Brexit. 

    The Agreement aims to establish ambitious cooperation on economic, social, environmental and fisheries issues through a Free Trade Agreement; maintain a close partnership concerning its citizens' security and set up a broad-gauge framework for governance. The Agreement includes:

    A Free Trade Agreement

    In keeping to strengthen their economic and social partnership, the Agreement covers a wide range of interests such as investment, tax transparency, sustainability, competition, social security, etc. The particulars of the said Free Trade Agreement are as follows;

  • Goods complying with the rules of origin are eligible for zero tariffs and zero quotas.
  • The Agreement ensures maintenance of high levels of protection in environmental protection areas, climate change, dispute settlement, labour rights, and carbon pricing, including the possibility of taking remedial measures.
  • The interests of both the EU and the UK regarding fishing activities are safeguarded and preserve natural resources.
  • The Agreement provides sustainability in air, maritime, road and rail transportation, ensuring connectivity and competition between EU and UK operators. It further also takes into consideration workers' rights, transport safety and passenger rights.
  • Further, safety standards for renewable energy production and provisions regarding fair and open competition in the energy sector are guaranteed.
  • The rights of citizens are of prime importance; therefore, in furtherance of this objective, the Agreement ensures social security coordination between the EU and the UK.
  • Subject to the UK's financial contribution to the EU budget, the Agreement enables the UK to continue its participation in several flagship programs established by the EU.
  • Framework for Citizens' Security

    The Agreement establishes a new framework for law enforcement and judicial cooperation in civil and criminal matters. It aims to tap into new operational capabilities and recognizes the need for collaboration between judicial and law enforcement authorities to fight terrorism and illegal cross-border activities. However, it is imperative to note that since the UK is no longer an EU member, it shall not be eligible for the same security facilities as before. As such, cooperation is subject to suspension in case of violations.

    Governance

    For clarity regarding businesses, consumers and citizens, the Agreement sets out a Chapter on governance that includes dispute settlement mechanisms, compensatory and safeguard measures, remedial and enforcement actions to ensure that the rights of businesses, consumers and all individuals are protected. It also bars either party from enforcing regulatory autonomy that may lead to unfair subsidies and distortion of competition.

    Exclusions

    The Agreement does not cover topics on foreign policy, external security, and defence cooperation, as of 1st January 2021. Additionally, as unilaterally decided by the EU, interests such as financial services, the UK's data protection regime, UK's sanitary and phytosanitary regime shall not be covered under the Agreement.

    ]]>
    Wed, 06 Jan 2021 01:48:00 GMT
    <![CDATA[China: Measures for the Security Review of Foreign Investment]]> China: Measures for the Security Review of Foreign Investment

    The Ministry of Commerce and the National Development and Reform Commission have published measures for the review of foreign investment presumed to take effect on the 18th of January 2021.

    The measures stipulate carrying out a national security review of specific foreign investment categories in the PRC mainland market. It also includes investments by investors from Hong Kong, Macau and Taiwan; the review scope shall consist of aspects connected with procedures, enforcement, supervision and compliance. When a foreign investment is made under specific categories, an application for its review is required to be submitted to The Foreign Investment Security Review Office; foreign investments divide foreign investors on the following criteria:

  • Acquisition of equity interest or assets of an onshore PRC enterprise
  • Investment in new project or establishment of a new enterprise, solely or jointly
  • Any other means of investment within the PRC
  • The measures can be divided into the following categories;

  • Investments made in national defence, military installations, military facilities or any other such investment involving the military industry;
  • An investment in agricultural products, energy resources, infrastructure, manufacturing, transportation services, IT, financial services, technologies, or any other such sector that would result in a 'controlling stake' in a PRC enterprise; or
  • If an investor holds more than 50% of the equity of an enterprise; significant voting rights which impacts the Board of Directors' resolution or is capable of influencing business decisions, finance, human resources and technology of the enterprise; such a foreign investor is considered to hold a controlling stake.
  • Process

    The measures stipulate that a foreign investor is required to secure a consultation with the Review Office before making any formal submissions, following which, an application accompanied with the application report, investment plan, and a statement declaring that the investment is not a threat to national security and all such other documents are to be submitted to the Review Office. Upon conducting a preliminary review of all such documents submitted, the Review Office shall, within 15 days, determine whether a general security review is necessary.

    If such a general security review is recommended, the Review Office shall within 30 days upon commencement of the evaluation, determine whether the foreign investment poses any threats to foreign security; if not, whether it has passed the review; determine whether according to the general review a special review is required or not.

    In case a special review is recommended, such review shall be concluded within 60 days from its commencement. The Review Office may then determine;

  • That such investment does not pose any security risk and is permitted to invest
  • That such investment poses a security risk and shall be barred from investment
  • That certain special conditions shall be imposed on them whose compliance, shall determine whether an investment can be made or not
  • An investor can only proceed with investing in completion of the security review and not otherwise. Failure to adhere to any of the measures as enumerated may attract orders from the Review Office to divest the investment, reinstatement of invested equity, and so on.

     

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    Mon, 04 Jan 2021 12:00:00 GMT
    <![CDATA[ADGM: Amendments to Employment Regulations]]> ADGM: Amendments to Employment Regulations

    The ADGM Employment Regulations 2019 imposes certain obligations on employers operating in free zones; it also lays down essential provisions related to policies and practices, recruitment, wages, leaves etc.

    Some significant changes have taken place in the ADGM Employment Law on 1st January 2020. The changes are as follows;

  • Payment of dues upon termination
  • As per the previous regulation, employers were required to clear dues within 14 days of employee termination. Failure to do so would result in a penalty that would be equal to the employees' daily wages, for each day, the employers fail to honour payment. Consequently, in practice, this accrued large penalties that were often disproportionate to the employer's outstanding unpaid amount payable.

    While the payment period within 14 days prevails, the ADGM court has the discretion to decide on the quantum of penalty imposed in any given case to ensure that the fine is just and equitable.

  • Notice periods
  • Parties terminating employment were required to serve a 90-day termination notice if they have served for a period exceeding five years as per the previous regulation, this requirement has now been removed. The amendment increases flexibility for employees and employers to agree upon notice periods other than those prescribed in the regulations.

    The law, however, prescribes a minimum notice period in the following cases;

  • Seven days' notice period, served in writing for employment term extending between one to three months
  • For a term extending beyond three months, a 30 days' written notice period is required to be served.
  • Overtime
  • Employees are now entitled to overtime compensation, which can either be monetary or in the form of time off. These overtime payments shall be made at the rate of 25% of the standard hourly rate applicable to the employee; this can be increased to 50% if the employee works between 9 pm to 4 am.

    The benefit applies to employees except for managers, supervisors or any other such person who is required to work overtime as per international industry standards for which compensation is not payable.

  • Sick days
  • In comparison with the old regulation, sick pay has been reduced to complement onshore labour laws. The new law suggests that employees are entitled to sick leave with sick pay, payable at different rates that shall be determined depending upon their daily wages, length of time spent off work and whether such leave is taken consecutively over a period of twelve months or not; the paid sick leave period shall extend for the first ten working days off on sick leave, thereafter, they are entitled to receive half-pay for the next 20 days off.

    The regulations further, empower employers to terminate an employee if their sick days exceed 60 days in total over a period of 12 months, unless except such period exceeds due to disability.

  • Anti-discrimination
  • The law expressly prohibits discrimination on race, nationality, colour, religion, age, disability, marital status and gender. It is imperative to note that these regulations do not include maternity and pregnancy, as protected under DIFC employment laws.

    In cases of discrimination, the court may; award compensation to which shall not exceed three years' basic wages of the concerned personnel, or make recommendations to the employer to take steps to rectify the same, failure of which shall attract a fine not exceeding USD 20,000.

  • Recognition of non-employee status
  • Non-employees are those employees that do not benefit from all the statutory entitlements as provided under ADGM; the regulations recognize three categories of persons under the non-employee status; interns, temporary freelancers and secondees.

  • Fines
  • The Employment Regulations 2019 (Compensation Awards and Limits) Rules 2019 align with the regulations and provide for penalties in case of breach of provisions regarding termination, hiring, discrimination, wages, work timings etc. 

     

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    Thu, 31 Dec 2020 12:36:00 GMT
    <![CDATA[Australia- Changes in Unfair Contract Term Laws]]> Australia- Changes in Unfair Contract Term Laws

    The Unfair Terms Contract Laws previously only applied to consumer contracts and small business contracts, provided that these contracts were standard form contracts. However, the changes introduced in this law shall extend to insurance contracts covered under the Insurance Contracts Act, 1984. The extension of the law shall significantly increase the scope of the law to include, general insurance, travel insurance etc.

    Fundamental changes to the law are as follows;

  • As per the current rules governing small and medium business contracts, at least one party to the agreement was required to impose a limit on the upfront price payable, having a threshold as follows:
  • $300,000 for a contract whose duration is less than one year;

    $1,000,000 for an agreement whose term is one year or more.

    With the introduction of new changes, the limit imposed on such upfront price has been removed as per the contract. Further, the law also increases the number of employees to a 100 from the previous 20; annual turnover requirements have been amended to extend up to $10 million.

  • The laws allow for the imposition of civil penalties for contravention of the terms of the contract. Further, the remedies available under the law have been expanded to give courts the power to determine whether the UCT is to be rendered void or not. 
  • The amendment adds a presumption that assists claimants, in that where a term is considered to be unfair by in a different case with regards to the same terms by the same entity and declared by the court to be unfair, the claimants can utilize the same as a rebuttable presumption.
  • The definition of standard term contracts has been proposed to be clarified by considering factors that present an opportunity to parties to negotiate the terms of the agreement and repeat usage of the form of contract as an effective means to determine whether or not a contract is in standard form.
  • The UCT laws shall further, exempt specific clauses such as minimum standards or other industry-specific requirements, as contained in state, territory or commonwealth laws.
  •  

     

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    Tue, 29 Dec 2020 05:29:00 GMT
    <![CDATA[Singapore: Payment Services (Amendment) Bill]]> Singapore: Payment Services (Amendment) Bill

    The Monetary Services Authority (MAS) has introduced changes in the Payment Services Act, 2019 (PS Act) to align the regulatory regime of the country with the guidance issued by the Financial Action Taskforce (FATF) on Anti-Money Laundering and Countering Financial Terrorism.

    Summary

    Payment service providers, as mentioned under the Act, are required to hold a license and comply with the provisions enumerated thereunder concerning risks of entering into a transaction with payment services associated with businesses. These requirements are laid down to mitigate risks and curb threats that may arise out of activities like money laundering, terrorist financing activities, cyber risks, etc.

    MAS, being the regulatory authority under the Act, has laid down certain amendments addressing the risks posed by Virtual Asset Service Providers (VASPs), which are not regulated by financial institutions. There arose a need to include VASPs under the law's ambit due to its vulnerability owing to its cross-border nature coupled with anonymity and speed.

    Further, MAS has also proposed introducing amendments to counter terrorist financing and money laundering activities along with imposing measures on digital payment tokens (DPT).

    Key Amendments

    Amendment of the framework related to VASPs

    VASPs include activities carried out for; exchanging, transferring, safekeeping, administering, or enabling control over virtual assets.

    In keeping with the international objective of the FATF to curb activities that carry risks of money laundering and terrorism financing, the Bill seeks to expand the definition of the Digital Payment Tokens (DPT). The definition is proposed to include the following;

  • Transfer of DPTs
  • To safeguard the transfer of DPTs, provisions for the creation of service providers that can act as custodians and can have control over DPT instruments.
  • Facilitating the exchange of DPTs without the possession of amounts of money by the DPT service provider
  • Addressing risks associated with AML/CFT

    The Bill proposes to expand the definition of cross-border money transfer services to cover entities in different countries. Depending on the reputational risks and factors surrounding ML/TF, licenses subject to MAS' AML/CFT regulations are to be acquired.

    Imposing measures on DPT

    Growth of the DPT sector has called for increased regulation of the same by MAS. MAS regulates DPT services primarily for curbing risks associated with ML/TF. To ensure the risks associated in addition to that are mitigated promptly, the Bill empowers MAS to impose;

  • Measures for safeguarding consumer assets held by the DPT service provider, wherever applicable; and
  • Measures for safeguarding public interest and stability of the financial sector.
  • Miscellaneous measures

    Other amendments include;

  • Prescribing additional licensees or class of licensees to safeguard customer money, for certain payment services
  • Broadening the scope of domestic money transfer, including financial institutions
  • Regardless of whether the person is an individual or not, the general duty to refrain from providing false information to MAS shall apply to all.
  •  

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    Mon, 28 Dec 2020 01:20:00 GMT
    <![CDATA[India- State Governments' Amendments to Labor Law]]> India- State Governments' Amendments to Labor Law

    State Governments in India have taken initiatives to make amendments to the labour laws in the country to aid economic activity in the country. Considering the pandemic's effect, state governments took an initiative to open up the economy with limited workforce and resources, enough to sustain the business and contribute to the economy's growth.

    Now, since the subject of labour laws falls under the ambit of the concurrent list of the Constitution, both the central and the state governments have the authority to introduce laws regulating employment laws in the country. The relevant state can introduce amendments, additions and exceptions by amending federal statutes with the President's permission. This power of the state government to amend the laws through ordinances is possible through Article 213 of the COI.

    The Amendments introduced by various states are as follows;

    Uttar Pradesh

    The UP government has introduced the UP Temporary Exemptions from Certain Labor Laws Ordinance 2020. This ordinance stands applicable to all factories and establishments engaged in manufacturing and exempts these establishments from specific laws for a temporary period of three years subject to certain conditions;

  • Maintenance of a register wherein the details of all employees shall be entered electronically
  • The minimum wage prescribed by the UP government shall be mandatorily payable to workers
  • Workers shall not be required to work for more than eleven hours a day
  • Payment of wages shall be made through bank accounts only, as prescribed under the Payment of Wages Act, 1936
  • Provisions related to safety and security of workers continue to be applicable as per the Factories Act, 1948 and Building and Other Construction Workers Act, 1996
  • Laws relating to the employment of women and children shall continue to be applicable
  • Compensation shall continue to be payable as per the Employees Compensation Act, 1923
  • Provisions of Bonded Labor Abolition Act, 1976 shall continue to apply
  • Himachal Pradesh

    The HP government introduced the Contract Labor (Regulation and Abolition) HP Amendment Ordinance, 2020, the Industrial Disputes Ordinance, 2020 and the Factories Ordinance, 2020.

    These ordinances are introduced to amend the threshold regarding workers under all the aforementioned Acts and aim to amend the ID Act with respect to its threshold regarding workers and special provisions concerning lay-off, retrenchment and closure of individual establishments; the compensation has been proposed to be increased in case of retrenchment from 15 days' pay to 60 days' pay, further, lockouts and strikes have been prohibited in case of public utility and non-public utility services.

    Madhya Pradesh

    Two state laws have been amended by introducing the MP Labor Law Ordinance, 2020, namely, the MP Industrial Employment (Standing Orders) Act, 1961 and the MP Shram Kalyan Nidhi Andhiniyam, 1982.

    The former applies to entities having up to 50 employees, whose threshold is proposed to be increased to a 100. The latter provides for the Constitution of a labour fund to finance activities for the welfare of labour. The amendment ordinance permits the state government to exempt any establishment or class from the Act's provisions.

    Goa

    Goa has effected an amendment of their labour laws by introducing Contract Labor (Regulation and Abolition) (Goa Amendment) Ordinance, 2020. This amendment increases the threshold of workers as prescribed under the previous Act of 1970. It further provides for the compounding of offences depending on the number of workers employed in the establishment.

    The ID Act has also been amended by the introduction of the ID (Goa Amendment) Ordinance, 2020 which intends to lower the limitation period prescribed under Section 2(3), which provides that cases concerned with retrenchment, termination, discharge or dismissal of employees shall be presented before the labour court with a period of three years. The limitation period has been reduced to one year.

    Gujarat

    The Factories Act, 1948 has been amended by the Factories (Gujarat Amendment) Ordinance, 2020. The amendment increases the threshold of workers under the definition of a factory from 10 to 20 in cases concerned with manufacturing process with the aid of power, and 20 to 40 in matters concerned with manufacturing process without the support of power.

    The ID Act has also been amended to make changes to the special provisions concerned with lay- off, retrenchment and closure of certain establishments. Further, the payment of workers' wages in lieu of 3 months prior notice is sought to be removed.

     

     

     

     

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    Sun, 27 Dec 2020 12:41:00 GMT
    <![CDATA[EU: Digital Services Act and the Digital Markets Act]]> EU: Digital Services Act and the Digital Markets Act

    The introduction of new draft laws concerning digital services and markets have ensured strict regulations for tech giants in doing business. These laws aim to limit the power of global internet firms, such as Amazon, Google, and Facebook etc. on the European market. Any violations of laws and regulations laid down hereunder are likely to attract heavy penalties.

    Objectives of the draft legislation;

  • To protect the rights of users online
  • Establish a system of transparency and accountability for online platforms
  • Encourage innovation and growth within the market
  • To avoid penalties and legal action, the dual legislation lays down;

  • Companies that violate competition rules may be fined up to 10% of their annual revenue
  • Companies whose user base extends up to 45 million EU users shall be subject to stricter regulations
  • Violation of rules and regulations may even entail, selling off the business, wholly or partly
  • Temporary suspension of service for platforms that fail to comply
  • In case a company wishes to enter into a mergers and acquisitions agreement, prior information of the same is required to be provided to the EU
  • The EU may decide on certain kinds of data to be shared with regulators
  • Companies shall be held accountable for any misleading, illegal or disturbing content
  • These rules are said to bring about a positive change in the realm of digital services and bring order to the tech market's chaotic nature. This dual legislation shall also provide users with a safe and trustworthy environment while also protecting their freedom of expression. The Acts are based on the basic principle that what is illegal offline shall also be considered illegal online.

    The main aim herein is to update laws according to the constantly changing tech environment per the ever-evolving digital age.

    This means that laws shall take the following measures;

  • Countering transfer of illegal goods, services and contents online
  • Ensuring traceability of users in the online marketplace
  • Content moderation and introduction of sufficient safeguards for users
  • Ensuring transparency on a variety to issues linked with algorithms and recommendations
  • Prevention of misuse of systems by introduction risk management systems
  • Ensuring regulatory oversight over complex online spaces
  •  

     

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    Thu, 24 Dec 2020 05:37:00 GMT
    <![CDATA[New ICC Arbitration Rules 2021]]> New ICC Arbitration Rules 2021

    A new set of arbitration rules will come into force from 1st January 2021. The new rules are expected to revamp the procedural rules for conducting arbitration as laid down in the Arbitration Rules 2017 (old rules).

    The most notable changes brought about by the ICC Rules 2021 (new rules) are;

  • Joinder of parties
  • Article 7 has been added to the new rules which permit new parties for arbitration to be added even after the arbitral tribunal is constituted. This addition can, however, be made only with consent from the arbitral tribunal. The new party is required to agree to the terms of reference and the constitution of the tribunal. A prior assessment of the other party is required to be carried out to ensure that there is no possibility of a conflict of interest in terms of the time at which such request has been made.

  • Consolidation of proceedings
  • Although the old rules include provisions for consolidating arbitration proceedings, the new rules expand the scope of the same. The new regulations recognize situations where claims arise out of agreements that mirror each other. Contrarily if claims are not made under the same or similar arbitration agreement, then an assessment of the contractual and legal relationship between the two parties is required to be carried out.

  • Third-party funding
  • Parties are required to immediately inform the tribunal about any non-party funding received from a third party who has a vested interest in the matter. This disclosure ensures impartiality and rules out the conflict of interest.

  • Appointment of arbitrators
  • ICC is empowered to appoint arbitrators as per Article 12(9) of the new rules, in case of exceptional circumstances, notwithstanding the agreement between parties for the constitution of an arbitral tribunal. This is in order to uphold fairness and equal treatment of the parties to an arbitration.

  • Changes in party representative
  • Article 17 of the new rules mandate that a party desirous of changing their representatives must inform the arbitral tribunal about their intention to do so, allowing the tribunal to assess the implications of such a change and further taking measures to restrict such change in case of conflict of interest.

  • Use of electronic means
  • Arbitration hearings can be conducted through videoconferencing under Article 26(1) of the new rules. This decision shall be subject to the assent of the parties to the arbitration depending on the facts and circumstances of the case.

  • Additional Award
  • A new provision for filing an application for an additional award has been introduced under Article 36 of the new rules, where the matters that were omitted by the arbitral tribunal can be included therein. The timeline and procedure have also been laid down with respect to the omitted subject matter.

  • Addition of Article 43
  • Article 43 lays down provisions regarding the adjudication of claims arising out of the administration of arbitral proceedings. These claims shall be settled by the Paris Judicial Tribunal and governed by French law.

     

     

     

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    Wed, 23 Dec 2020 01:08:00 GMT
    <![CDATA[Dubai: Law Number 12 of 2020 on Contracts and Warehouse Management in Dubai Government]]> Dubai: Law Number 12 of 2020 on Contracts and Warehouse Management in Dubai Government 

    The Dubai Government recently has issued Law Number 12 of 2020 on contracts and warehouse management in Dubai government; the new Law aims to annul the provisions and amendments of Law Number 6 of 1997 on contracts of government departments in Dubai. Any other clauses that contradict this legislation have been done away with the introduction of the new Law. The Law is said to become effective on 1st January 2021. 

    The Law aims to create a regulatory framework and set standards for procurement processes of government entities in line with the government's vision to raise standards in this domain as per global benchmarks. The objectives of the new Law are as follows;

  • To develop an efficient system of government entities to raise procurement and warehouse management quality 
  • To create a unified system of procurement processes to achieve financial efficiency 
  • To integrate transparency and equal opportunities among suppliers 
  • Automation of procurement and warehouse management operations of government entities as part of the smart transformation objective
  • Outlining the responsibilities of Dubai's Department of Finance, the Smart Dubai Government Establishment and all other units responsible for inventory management in government entities 
  • Authorizing the Dubai Department of Finance to create guidelines for;
  • Governance of procurement 
  • Asset and inventory management 
  • Drafting policies and decisions related to unified procurement processes 
  • Authorizing the Smart Dubai Government Establishment to;
  • Create a suitable online government system to manage contracts and inventory 
  • Develop associated strategies and programs 
  • Ensure proper operations, maintenance, and supervision of the system 
  • Monitor compliance of government entity with the system 
  • Creating a Central Registry of Suppliers as part of an online network of the government for managing contracts and inventory 
  • Creation of an Inventory Valuation Committee to manage inventory and assets, as authorized by the Director-General 
  • The Law excludes commitments made by the government procurement departments to projects and programs supported by the government particularly those of Small and Medium Enterprises registered under the Hamdan Bin Mohammed Program for youth projects, covered under Law Number 23 of 2009 on the Mohammed Bin Rashid Establishment of SME Development.

     

     

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    Thu, 17 Dec 2020 05:34:00 GMT
    <![CDATA[Dubai: Law Number 14 of 2020 regulating the timeshare industry in Dubai]]> Dubai: Law Number 14 of 2020 regulating the timeshare industry in Dubai

    To enhance the legal framework of Dubai's economic sectors, including tourism, the government has introduced Law Number 14 of 2020 regulating the timeshare industry.

    What is the timeshare industry?

    A timeshare is a shared ownership model wherein property is held by multiple owners having exclusive rights over the property for a specified period. This model applies to various types of properties such as resorts, apartments, camping grounds etc.

    The legislation lays down a broad context for timeshare business activity and aims to enhance the growth of real estate and tourism in Dubai, it further boosts the growth of investment in vacation property ownership and provides alternatives to visitors and tourists. The legislation seeks to regulate rights as per international standards tailor-made to fit the legal framework of the emirate.

    Dubai's Department of Tourism and Commerce Marketing (Dubai Tourism) is tasked with overseeing the activities conducted in the industry. Further, it is also authorized to develop technical standards for acquiring licenses and approvals, and all such terms and conditions that shall apply. All decisions about matters related to activities conducted in the timeshare sector regarding brokers and developers, registration of contracts and rights over usufruct in the Land Department shall be taken in coordination with the Dubai International Financial Center and the Dubai Land Department.

    Dubai Tourism is authorized to;

  • Classify and list residential units under the Law
  • Granting permits, license and approvals
  • Ensure compliance with relevant regulations as well as bylaws
  • Establish a database for facilities operating as a timeshare property
  • Creating contractual terms and outlining requirements for the transfer of usufruct and advertisements
  • Permits issued for timeshare facilities shall be valid for a renewable period of one year with the ability to obtain a license for up to four years on request by the permit owner, subject to authorization by Dubai Tourism. Individuals and entities undertaking business in this sector are required to comply with the provisions of the legislation within six months from its effective date. This period may be subject to extension by the Director-General of Dubai Tourism.

    The validity of contracts entered into before activation of the Law shall prevail, subject to renewal to adhere to the provisions of the Law.

    ]]>
    Wed, 16 Dec 2020 12:12:00 GMT
    <![CDATA[Kingdom of Saudi Arabia: Suspension of specific provisions of the Companies Law]]> Kingdom of Saudi Arabia: Suspension of specific provisions of the Companies Law

    The Ministry of Commerce has issued a Ministerial Resolution Number 348 eliminating specific provisions of the Companies Law. These exemptions are made to relieve entities from the burden of complying with specific requirements of the law which has been deemed impossible due to the pandemic. This temporary suspension affects limited liability companies and joint-stock companies.

    Summary

    A period of 12 months is granted to Limited Liability Companies to hold their general assembly meetings to approve their financial statements, previously this period extended only up to four months.

    A period of 12 months is granted for filing financial statement reports with the Ministry from the date of preparation as opposed to a period of one month given before.

    A shareholders' resolution may be passed regardless of the number of shareholders; by the issuing circulars to that effect

    In case of losses incurred by joint-stock companies and limited liability companies exceeds 50% of their capital, the governing bodies have been granted a more extended period to take action against the same

    Automatic dissolution as enumerated under Article 150 or 181 has been rescinded

    Auditors' reappointment can be extended for seven consecutive years in cases of both joint-stock companies and limited liability companies

    General assemblies of LLCs (Articles 167(2) & 175))

    EarliAs per the resolution, the period of four months previously granted to LLCs to convene their general assemblies have been extended to a period of twelve months, following the end of the financial year.

    Further, the period granted to send copies of documents to the Ministry and the shareholders has been extended from a period of one month to twelve months following the end of the financial year.

     The suspension, as mentioned above, shall become ineffective on the 31st of December 2020.

    Circulars of Shareholders' Resolutions

    LLCs owned by more than 20 shareholders are prohibited from passing resolutions by circulation under Article 168(1). However, now, as per the Resolution shareholders can pass resolutions by circulation regardless of the number of shareholders.

    This suspension is only effective until the 21st of October 2021.

    Statutory period under Article(s) 150 and 181

    Article 150

    The Board of Directors of a joint-stock company shall call upon an extraordinary general assembly within sixty days extended from fifteen days from the date of the Board's knowledge of the losses reaching 50% of the capital. Further, the period to hold an extraordinary general assembly has been increased from forty-five days to a period of 180 days from the date the Board has become aware of the losses.

    Article 181

    The period assigned to an LLCs manager for inviting shareholders, making decisions as to continuance or dissolution of a limited liability company has been increased from a period of ninety days to 180 days from the date of knowledge of losses extending up to 50% of the LLCs capital.

    Appointment of Auditor

    An external auditor appointed to serve limited liability companies and joint-stock companies has been extended to a period of seven years, which entails that, an external auditor that has served the company for five consecutive years may be reappointed for a further period of two years.

    This extension period shall expire on the 3rd of March 2022.

    ]]>
    Tue, 15 Dec 2020 11:35:00 GMT
    <![CDATA[Singapore: Covid-19 (Temporary Measures) Act, 2020]]> Singapore: Covid-19 (Temporary Measures) Act, 2020

    A Legislation was recently passed by the Singapore government to temporarily relieve parties of their contractual obligations that may potentially give rise to adverse legal consequences if not honoured.

    The contracts that fall under the ambit of the Act are as follows;

  • Commercial loans to businesses such as secured loans granted by banks and finance companies
  • Hire-purchase agreements and conditional sale agreements
  • Agreements entered into for events, such as booking venues
  • Tourism contracts
  • Commercial lease agreements
  • Construction and supply contracts
  • Performance bonds
  • This Act applies to individuals, businesses, and all such other persons at the risk of forfeiting their deposits or vehicles due to the pandemic. It is imperative to note that this Act applies only to contractual obligations due to be performed on or after 1st February 2020 following any contract that was entered into or renewed before 25th March 2020.

    In order to claim benefits under this Act, the concerned party is required to send a notice to the other party furnishing all such relevant information expressing their inability to honour the contractual obligation and reasons attached thereof. In case the other party wishes to bring action against the one claiming relief, they shall be prevented from doing so. In lieu of the aforesaid, the party wishing to obtain action may refer the matter to an assessor who is empowered to determine the scope of the contract and whether the party claiming relief is entitled to it. The Act does not allow either party to seek representation through an attorney and the relief sought shall depend on the assessor's discretion, not subject to appeal. 

    To avail an assessment, the party claiming action shall serve a copy of the application on all the parties involved, upon payment of a fee. Any breach of the provisions of the Act will impose liability of $1000, and the party shall be ordered to return any deposit extracted from the other party.

    The type of contract shall determine the duration of the relief sought. Upon expiry of the relief period, contractual obligations become due, and parties can initiate action thereafter.

     

    ]]>
    Mon, 14 Dec 2020 10:30:00 GMT
    <![CDATA[UK: CMAs new advice for implementation of pro- competition regime in digital markets]]> UK: CMAs new advice for implementation of pro- competition regime in digital markets

    The Digital Markets Taskforce has issued an advice led by the Competition and Markets Authority for the implementation of a new pro-competition regime for digital markets. It aims to proactively ensure that businesses and consumers are treated in a fair manner further making sure that the activities of tech giants are regulated.

    The basic aim is to regulate tech giants that have a strategic market status, which basically includes those companies that have a significant status in the market with the ability to effect market behavior. A Digital Markets Unit (DMU) is proposed to be set up to ensure that these tech giants comply with the provisions of the regulations.

    The main objectives of the regulatory regime as proposed by the CMA are as follows;

  • It aims to create a code of conduct that is binding in nature and tailored according to the firm's behavior therefore allowing the DMU to govern the elements in the manner in which they do business. The DMU can also address any concerns regarding the firm's activities and raise concerns regarding any potential penalties.
  • The main aim of any economy is to boost competition in order to increase innovation in the market which will subsequently raise profitability. The advice proposes to use pro-competition intervention techniques that would tap into the potential of other smaller competitors in the market consequently boosting innovation.
  • The advisory also consists of methods of in which these strategic market status firms can be closely scrutinized in terms of their transactions, it aims to enhance merger rules for this purpose. Notification to the CMA about a transaction shall become mandatory and a detailed investigation shall be carried out by the CMA with regards to the transaction, once the transaction is approved by the CMA, only then can it be concluded.
  • All the steps that will be taken pursuant to the implementation of this advisory shall ensure growth of the tech sector through fair and innovative means.
  • This new regime shall be integrated into a wide framework of rules for digital markets, this includes regulations related to data protection, online content etc. The UK Government shall conduct a consultation of the proposals of the CMA by early 2021 and further pass legislations regarding the integration of the DMU in accordance with the statute. The CMA has further urged the government to expedite the process of implementing said legislation in order to create a pro-competition and pro-innovation regime for the benefit of all.  

     

     

    ]]>
    Thu, 10 Dec 2020 05:05:00 GMT
    <![CDATA[India: Companies (Amendment) Act, 2020]]> India: Companies (Amendment) Act, 2020

    The Government of India has amended the Companies Act 2013 with the intention to improve business and promote growth of economic activities in the country. The Bill was presented before the President of India for his assent on the 28th of September, 2020; it constitutes the following changes;

  • Minor Offences
  • The prior Act had criminalized around 46 minor offences which include, contravention of provisions of buyback securities, non-disclosure of director's interest, and disqualification of directors and so on. The amendment eliminates imprisonment as a consequence of such contravention and makes certain changes in the fines and penalties levied in case of such offences.

  • Listed companies
  • As per the previous amendment, a listed company was any company that had any of its securities listed on a recognized stock exchange and required the listed company to comply with SEBI Regulations. The amendment allows exemption of certain companies from being considered a listed company, subject to the assent of the Central Government in consultation with SEBI. This amendment is particularly advantageous since it allows companies to carry out business with ease without the added burden imposed by the SEBI Regulations regarding compliance and procedural requirements.

  • Foreign listing
  • The Central Government has been empowered to exempt any such company as it deems fit from complying with certain provisions of the Act. As per the amendment, the Central Government may permit any company to issue securities in foreign jurisdictions without first being listed as a company within the country.

  • Beneficial Ownership
  • The prior Act required a beneficial owner to declare his interest in shares of a company and file returns to that effect with the Registrar notifying them of beneficial ownership. Now, the Central Government may exempt any person or classes of persons from such a requirement for the sake of public interest.

  • Periodic financial results
  • Since certain companies or classes of companies are now permitted to list their securities in foreign jurisdictions, an additional requirement has been imposed on unlisted companies to prepare financial results periodically, in addition to their annual financial results; these are to be audited and approved by the Board of Directors and shall be filed with the Registrar. This will therefore allow the Central Government and the Ministry of Corporate Affairs to keep an eye on the functioning of such unlisted companies.

  • Rights issue
  • In order to facilitate quick access to funds, the amendment has reduced the existing timeline concerning rights issue offer period to less than 15 days. Previously, assent of 90% of the shareholders was required to be taken for such reduction in offer period, but this has now been done away with.

  • Timeframe for rectification of names
  • In case an applicant had a trademark that was identical or closely resembled an existing trademark a tie period of 6 months was allotted to such a company to rectify such a mistake and make changes, this time period has now been reduced to a period of 3 months. Further, the Central Government can now allot new names to companies that default in complying with the requirements of the Registrar.

  • Remuneration of Directors
  • For the purpose of aligning the interest of independent directors with that of executive/managing directors; independent directors will also be entitled to a remuneration up to the permissible extent, similar to what executive/managing directors are entitled to.

  • Banking and Non-Banking Finance Companies
  • The exemptions applicable to banking companies with regards to granting loans, filing resolutions, securities and guarantees are now also given to registered NBFCs and housing finance companies (HFCs)

    ]]>
    Tue, 08 Dec 2020 05:47:00 GMT
    <![CDATA[European Union: Modernization of Justice Systems]]> European Union: Modernization of Justice Systems

    The European Commission is taking steps to modernize the justice system through digitalization thereof. As per the objectives of the Commission Work Program 2021 the EC aims to adopt the following as part of their 2021 initiative:

  • Judicial Cooperation
  • The Commission proposes to transform the European Union into a civil and criminal instrument of cooperation. The recommendations include making changes in procedures related to European Small Claims and provisions related to arrests and warrants. The main aim of this recommendation is facilitate digital communication between relevant authorities. Further, it also aims to create a system that will allow individuals and businesses to file claims and communicate with authorities via digital platforms. Introduction of the aforementioned does not however denote that communication through traditional means will become redundant.

  • Exchange of information in case of terrorist activities
  • The recommendations of the Commission include initiatives that would facilitate cross border exchange of information in case of potential or ongoing threats to national safety and security. It aims to strengthen the role of counter terrorism platforms by efficiently exchanging information while adhering to the relevant data protection rules and standards.

  • Common platforms for investigation
  • The proposals also include the creation of a collaborative platform for the purpose of investigation, the establishment of a common platform that would facilitate exchange of information through a secure communication channel. This platform would therefore serve as a supporting tool for the Joint Investigation Teams (JIT) and allow digital participation for communication thereof.

  • New case management systems
  • Keeping in mind the limited functionality of the CMS, the Commission has recommended reforms for the registration, handling and recording of cases, digitalization of the CMS will ensure efficiency in cross border judicial cooperation.

    This initiative taken by the Commission aims to encourage participation of all EU partner countries in order to create a cohesive and sustainable justice system by taking a problem solving approach and contributing to the creation of a strong democratic framework.

    ]]>
    Sun, 06 Dec 2020 02:00:00 GMT
    <![CDATA[EU: Guidance issued on Cross Border Data Transfers]]> EU: Guidance issued on Cross Border Data Transfers

    The European Data Protection Board (EDPB) has issued guidance for compliance with the General Data Protection Regulations (GDPR) with the aim of protecting privacy rights of individuals regarding transfer of data across several jurisdictions.

    The Guidance aims to comprehensively lay down contractual, technical and other such relevant safeguards necessary for transfer of data. It aims to uphold the fundamental principles of protection attached to the GDPR. The EDPB lays down the following steps in furtherance of the guidance;

    Data exporters are required to obtain prior knowledge of where the data is being transferred prior to such transfer along with knowing the purpose of such transfer so that it can be assessed for the purpose of determining relevancy and necessity.

    The tools used to transfer the data are also to be assessed, ensuring that such tools are authorized under Article 46 of the GDPR along with adherence to Binding Corporate Rules and other ad hoc contractual clauses.

    Carrying out assessments of laws of other jurisdictions in order to determine whether the laws of that particular country are in consonance with the transfer tools relied upon and whether or not they might impinge the effectiveness thereof. The Data Exporter must be mindful of a varying degree of factors that involve financial, personal, sensitive data etc. Assessment of the type of data is dependent upon legality and government permissibility.

    Data exporters are also required to adopt any such relevant supplementary measures that may be necessary for bringing up the level of data protection up to the EU standards. This may be in the form of essential technical safeguards which involve strong encryption and verification mechanisms to ensure that the data is being transferred to the person intended. The EDPB emphasized on the need to assess the effectiveness of these supplementary measures and imposes a responsibility on the data exporters for the same.

    The GDPR lays down certain formal procedural steps that include consulting relevant supervisory authorities depending on the transfer vehicle being used.

    Apart from ensuring prior assessment, imposition of safeguards etc. data exporters are also required to ensure continuous vigilance in the realm of data protection. Organizations involved in this practice must evaluate their processes of cross border transfers and create a roadmap that will ensure privacy, cybersecurity and undertake surveillance of data being transferred keeping in mind the necessity to adhere to the legal standards of each jurisdiction being dealt with in the process.

    ]]>
    Mon, 30 Nov 2020 02:00:00 GMT
    <![CDATA[United Kingdom: New Immigration Rules]]> United Kingdom: New Immigration Rules

    The United Kingdom introduced changes in the Immigration Rules HC 813 on 22nd October 2020. A 'Statement of Changes' was issued to outline the key features and changes in the Government's Points Based Immigration System.

    The changes are enumerated as follows:

    The changes will allow in-country switching from specific immigration categories save and except in case of visitors, short-term students, domestic workers, seasonal workers, parents of a student and those outside the ambit of the Immigration Rules. The new changes also aim to expand the validity requirements for applications that are said to benefit international students and employers.

    Furthermore, changes have also been made regarding limitation on stay, financial requirements, continuous residency requirements etc. for business and work.

    The rules regarding visitors are being simplified to facilitate travel for business purposes. Further, the changes also include:

  • Granting permission to expert visitors in the academic field to extend their stay to a total of 12 months.
  • Granting permission to standard visitors to study at an accredited institution for a period extending up to 6 months.
  • Eliminating the requirement of volunteering as an "incidental" part of the purpose of visit.
  • Individuals travelling to the UK in search of work in the skilled labour sector with a licensed sponsor are not barred by the six-year total length of stay in addition to this, no cooling-off period will apply herein. It is imperative to note that, the category that deals with "shortage occupation" has remained unchanged except with a minor change concerning the removal of quantity surveyors. This category is said to be under scrutiny and is subject to revision in the future in order to limit it from negatively impacting different sectors in the economy. The Home Office is of the view that the assessment regarding inclusion and exclusion of specific categories depend upon developments in the labour markets due to the pandemic.

    Substantial changes were introduced with the "intra-company transfer" category including;

    Relaxation of switching requirements for an applicant; however, the need for a 12-month experience abroad in their relevant field is still applicable unless the applicant falls under the "high earner" category.

    Specific categories remain unchanged but have been simplified, these include,

  • Ministers of religion, falling under Tier 2
  • Sportspersons, falling under Tier 2
  • Temporary workers falling under Tier 5
  • Start-ups
  • Innovators
  • Persons with UK ancestry
  • Apart from all these changes, the licensing process has been expedited by the Home Office, introducing the applicability of a new fee of 500 Pounds for priority processing of sponsor licenses.

     

    ]]>
    Sun, 29 Nov 2020 12:22:00 GMT
    <![CDATA[UAE: Cabinet Resolution Number 16 of 2020 updating the Commercial Companies Law]]> UAE: Cabinet Resolution Number 16 of 2020 updating the Commercial Companies Law

    A new Decree updating the Commercial Companies Law 2015 has been issued through Cabinet Resolution Number 16 of 2020. This amendment scraps the need for a UAE national as a sponsor and allows expatriate investors' 100% ownership, effective from 1st December 2020. Although individual Emirates allowed foreign nationals to acquire stakes in a company, the latest amendment notably broadens the extent of such ownership.

    The Decree annuls the requirement of having a major Emirati investor/ stakeholder and provides full ownership to expatriates in connection with commercial companies. Further, companies have a maximum window of one year to comply with the amended law from the date when the Decree takes effect.

    Some crucial changes applicable are as follows;

    • Relevant local authorities have been granted the power to, set a certain percentage of Emiratis in areas concerning capital allocation and board of directors; they also have the authority to approve requests regarding the establishment of companies, save and except joint stock companies and are further permitted to identify charges as per Cabinet policies.
    • Joint Stock Companies are permitted to sell a maximum of 70% of the company through IPOs, from the current 30% cap, subject to the approval of relevant authorities.
    • The Cabinet shall set up a Committee that overlooks the strategic impact of commercial activities and propose new measures to license such companies. Further, the Cabinet shall, upon review of the recommendations of the Committee, set forth activities that are considered to be in the domain of strategic impact and measures for licensing thereof.
    • The Securities and Commodities Authority (SCA) is empowered to establish control and procedures for the evaluation of in-kind shares and participants of the general assembly meetings of companies. Further allowing the appointment of board members with the requisite expertise and dismissal thereof, in case there is a judgment regarding their misuse of power or fraud.
    • Shareholders have the power to initiate action against a company in a Civil Court in case of any failure of duty resulting in damages.
    • The Decree further enables public companies to approve an increase in its capital by way of conversion of bonds into shares.

     

    ]]>
    Thu, 26 Nov 2020 11:04:00 GMT
    <![CDATA[100% Foreign Ownership for LLCs and PJSCs]]> 100% Foreign Ownership for LLCs and PJSCs

    The UAE Government has recently announced a transformative Resolution that allows foreign investors to own 100% of Foreign Direct Investment Projects which implies that, the requirement to have an Emirati as a major stakeholder in the company, has been annulled. This change has been effected through Cabinet Resolution Number 16 of 2020 that essentially amends and updates the Federal Law Number 2 of 2015 on Commercial Companies.

    As per the Resolution, foreign investors are now permitted to obtain full ownership of Limited Liability Companies (LLCs) and Private Joint Stock Companies (PJSCs). The Resolution lays down a Positive List of Economic Sectors that are eligible for Foreign Direct Investment, in the Schedule attached thereto. This includes, the agricultural sector, manufacturing sector and the service sector. The Resolution demarcates the extent of economic activities in each sector, the minimum share capital that is required to be maintained along with the restrictions and conditions that apply.

    The general restrictions and capital requirements for each sector are enumerated as under;

    In the agricultural sector, in order to conduct economic activities such as, seed cultivation, growing of leguminous, non-perennial crops, cultivation of flowers and fruits, conducting activities such as seed processing, post-harvest activities etc. the minimum share capital is required to be maintained at AED 7.5 million. Further, the conditional requirements imposed on such activities include, use of modern technology, contribution to research and development activities, contributing to high- value addition along with meeting any and all other requirements as may be imposed by licensing entities in the State.

    The economic activities in the manufacturing sector includes, manufacture of food products, beverages, apparel, leather and other related products, woodwork and products of wood and cork, except furniture, and manufacture of straight or complex fertilizers. Further, the vast range of the manufacturing sector includes but is not limited to activities such as, manufacture of, plastics, pesticides, adhesives, textiles, photographic plates and films, aromatics, basic metals, computer and electronics etc. The minimum share capital that is to be maintained herein ranges from AED 15 to 20 million, depending on the type of economic activity being conducted.

    Further, the service sector is all inclusive of services ranging from legal consultancy, legal translation, accountancy, medical, architecture, computer programming, renting and leasing of machinery, retail sale, and photography to services like landscaping, secondary and higher education, construction and so on. The capital requirements for the service sector is subject to the legislation in force. The Resolution excludes public education from the realm of economic activities herein. Further, it is also mentioned that activities related to hospitals will be subject to the approval of competent entities. Moreover, activities related to construction activities, building and demolition are restricted to large scale infrastructure projects like, airports, roads, sports facilities etc. worth more than AED 450 million.

    Analysis of the aforementioned Resolution projects a major boost in the economic climate of the country, in the coming years. The decision to ease restriction on foreign ownership makes UAE an attractive investment destination further, it also makes the country more expat friendly. Barriers previously imposed regarding local ownership have now been relaxed allowing the country to open up its economy in order to reshape the vision of prosperity and growth that it aims to achieve. This therefore, opens up the country to a sea of new opportunities with the chance to become a leading competitor in the global market.

     

    ]]>
    Wed, 25 Nov 2020 03:09:00 GMT
    <![CDATA[International: World’s Largest Free Trade Agreement]]> International: World's Largest Free Trade Agreement

    The Regional Comprehensive Economic Partnership was signed between fifteen Asia-Pacific nations to accelerate recovery of their economies that have been pillaged by the pandemic. The Agreement was signed at the annual summit of the Association of South Asian Nations (ASEAN) hosted by Vietnam. The RCEP aims to create a coherent trading environment in this region, similar to the EU or North America.

    The RCEP includes chapters related to tariffs, custom administration, investment, sanitary measures, e-commerce, intellectual property, financial services etc. In addition to this, there are two main focus areas of this Agreement; firstly, the rules of origin, which sets criteria to determine where a product was made. Secondly, this free trade agreement is historic since this is the first time that it brings together China, Japan and South Korea under a unified free trade agreement. It aims to eliminate 90% of tariffs on imports within 20 years. Further, it seeks to open up the service sector and bring all countries in the region under a standard set of trade rules. The RCEP aims to ease the burden that has been imposed by other Free Trade Agreements by bringing all parties under a cohesive system.

    It is imperative to note that, India withdrew from the RCEP negotiations due to concerns of opening up the agricultural sector to foreign competition. Despite this withdrawal, the RCEP remains open to India's ratification as per their discretion, in the future.

    The Agreement has been subject to some scrutiny, under which, experts have pointed out that, it has failed to include provisions on agriculture, or even agree upon provisions regarding cross border data exchange and the custom moratorium on data transmission, with respect to e-commerce.

     

     

     

    ]]>
    Mon, 23 Nov 2020 10:54:00 GMT
    <![CDATA[Oman: Royal Decree Number 43 of 2020 recognizing the Organizational Structure of the Tax Authority]]> Oman: Royal Decree Number 43 of 2020 recognizing the Organizational Structure of the Tax Authority

    The Royal Decree Number 42 of 2020 was brought into effect by the Tax Authority of Oman and recognized the organizational structure thereof. It lays down that the Chairman of Tax Authority shall exercise the powers and prerogatives laid down in the Income Tax Law and the Selective Tax Law. The Decree further bestows upon him the responsibility to determine exemptions from the Income Tax Law. The Chairman has all those powers dedicated to the Minister Responsible for Financial Affairs as cited in the aforementioned Laws (Article 3).

    In addition to this, the Chairman is also responsible for issuance of regulations and decisions for the enforcement of the Decree's provisions. Until such issuance is made, the existing regulations shall continue to be implemented (Article 4). The Decree further clarifies that Article 5 thereof, cancels contradictions to this Decree and its attached system or anything that contravenes its provisions.

    ]]>
    Sun, 22 Nov 2020 10:38:00 GMT
    <![CDATA[Egypt: Presidential Decree Number 207 of 2020 Concerning Customs Law]]> Egypt: Presidential Decree Number 207 of 2020 Concerning Customs Law

    A new customs law has been introduced by Presidential Decree Number 207 of 2020, aiming to amend rules and procedures of the old law and its exemptions. This recent amendment seeks to integrate the old law and its exemptions into a unified system and only the procedures thereof.

    Some important provisions of the new law are as follows;

  • The amended law aims to implement a pre-query system to address technical business queries along with a single-window system to facilitate procedures.
  • It aims to incorporate provisions from the old customs exemptions law and further introduce new provisions, like introducing changes in the risk management system.
  • For the Temporary Admission Regime, the law states that the time limit for goods that are to be re-exported may be extended for a period not exceeding one year.
  • The custom authority has the responsibility to; manage the temporary admission regime, tax refund and monitor IP rights associated with goods being exported or re-exported.
  • The law lays down a detailed list of acts considered to be custom violations, which would attract a fine of EGP 10,000. Fine is to be imposed as follows;
  • Providing incorrect data in the custom declaration
  • Violation of custom rules
  • Non-preservation of seals from parcels, containers or transport means
  • Disabling or causing impediments in the conduct of duties by custom employees
  • It further imposes stringent penalties and fines upon any person who;
  • Decreases or increases imported goods in an unjust manner
  • Provides incorrect data about the value of goods
  • Fails to list in his records, the increase in inventory
  • Fabricates and provides wrong information about goods
  • The law also imposes stringent penalties in cases of smuggling, as follows;
  • Any person found smuggling goods for trading shall be subject to imprisonment for three years; or a fine of EGP 25,000 not exceeding EGP 250,000, or both.
  • In case the goods related to smuggling are rejected or prohibited goods, the offender shall be liable to imprisonment of 2 years but not exceeding five years along with a compensation equivalent to two times the value of goods or the tax due whichever is higher.
  • The person engaged in such activities shall have their custom registration suspended until the pendency of the case until the issuance of the final judgment.
  • The new law provides certain custom benefits in keeping with the provisions of the Investment Law and the Special Economic Zones Law. The aim here is to promote foreign investment in furtherance of the national objective to facilitate international trade.

     

     

    ]]>
    Thu, 19 Nov 2020 05:35:00 GMT
    <![CDATA[Abu Dhabi: Freelance License]]> Abu Dhabi: Freelance License

    The Department of Economic Development (AD-DED) has announced that it will grant "freelancer licenses" to 48 types of businesses to be conducted in Abu Dhabi, these sectors include, both private businesses and service sectors, such as consultancy in computer hardware and software, real estate, legal consultancy, public relations, fine art, tourism, and so on.

    This License will be available to all, citizens, residents and non-residents. It will, therefore, allow license holders ease of conducting business flexibly, from home or authorized locations. Residents employed by the government or private sector will also be able to avail this option, subject to receiving a non-objection letter from their employer.

    The steps taken by the DED are all part and parcel of the country's new initiative of making the country a commercial hub by attracting investment and diversifying the employment sector.

    As per the announcement, the requirements of obtaining a license under this regime are:

  • The applicant must provide proof of expertise in any of the 48 sectors listed by the DED, this may be in the form of a university degree. A certificate of experience or any accredited accomplishments in that particular sector.
  • The applicant is required to receive a no-objection letter from their employer in case they are a government or a private sector employee under a permanent contract. However, if the applicant is an employee in the private sector on a part-time basis, there is no requirement for a non-objection letter from the employer.
  • The contract between the parties shall contain terms that define, working hours, holidays and all such general requirements of the license.
  • The objectives that the Freelance license aims to achieve are:

  • Enable businesses to broaden their scope of expertise in the market.
  • Elimination of the need to employ such persons who are only required periodically.
  • Flexibility to employees and workers to work remotely or from authorized locations
  • Help boost the income of various groups of people, such as university students, retirees and housewives.
  •  

     

    ]]>
    Mon, 16 Nov 2020 11:26:00 GMT
    <![CDATA[UAE: New Stored Value Facilities Regulation (SVF)]]> UAE: New Stored Value Facilities Regulation (SVF)

    The Central Bank of UAE has issued new regulations, published in the Official Gazette on 15th October 2020. The regulations aim to support digital payment services (for example, e-wallets and prepaid cards) in the UAE with effect from 15th November 2020 and therefore repeals the Regulatory Framework for Stored Values and Electronic Payment Systems. Under these regulations, the Central Bank is empowered to make decisions regarding grant of SVF licenses, conduct supervision of existing licenses and examine and impose sanctions of licenses as and when required.

    The introduction of these regulations aims to bring about a change in Fintech by providing Fintech firms and other non-banking service providers with easy access to the UAE market. The scope of these regulations further includes licensing, supervisory oversight and enforcement action concerning Stored value Facilities in the country. It is imperative to note that, the financial free zones remain outside the ambit of these regulations, however, in case any company that lies within the financial free zones and wishes to conduct onshore SVF activities, they must obtain a license for the same. A one-year transitional period has been granted from the effective date so that companies can streamline their operations with these regulations.

    Important provisions of the Regulations

    Licensing requirements

    The regulations require every entity that wishes to engage in issuing and operate SVF in the country to obtain a license from the Central Bank. Any activities conducted without obtaining such license is prohibited except in the case of a single purpose stored value facility. There are certain SVF that are exempted from these licensing requirements, as follows;

  • SVF used for cash reward schemes, for example, loyalty schemes by shops and supermarkets that offer cash rewards for customer loyalty.
  • Purchase of digital content, like ringtones, music, videos, e-books, games and applications for smartphones or any other electronic devices.
  • Bonus point schemes that are used for storing points, such as airlines mileage programs, non-cash schemes rewarding customers for their patronage etc.
  • SVF that can be used within a group of goods and service providers, provided the aggregate amount of float does not exceed half a million dirhams or its equivalent and the aggregate number of customers is not more than 100.
  • The Regulations set out who can apply for a license;

  • The applicant must be a company incorporated in the UAE, including free zones but excluding financial free zones.
  • Licensed firms are required to demonstrate their ability to comply with the regulations and ongoing requirements.
  • The applicant must disclose all their secondary and ancillary activities, or their plans to conduct such activities.
  • Corporate governance, risk management and internal control provisions are also required to be adhered to in order to render the entity fit and proper for licensing.
  • Overseas Scheme

    The Central Bank has expanded and consolidated its control over licensing and supervising of overseas SVF schemes, it provides guidance on factors that apply to overseas SVF schemes and the scope of licensing that may apply. The Central Bank can practice its discretion in setting out any additional factors since the regulations are not conclusive or exhaustive and allow the Central Bank to judge each case as per their merits.

    Licensed Banks

    Licensed banks are required to obtain necessary approvals in case they plan to conduct SVF activities, however, obtaining a license is not necessary for such banks.

    Outsourcing

    Licensed SVF businesses are permitted to outsource their activities to independent third parties or other companies within their group provided such outsourcing is approved by the Central Bank.

     

    ]]>
    Sun, 15 Nov 2020 12:00:00 GMT
    <![CDATA[UAE: Employment and Immigration Laws]]> UAE: Employment and Immigration Laws

    The UAE has relaxed the rules regarding Tourist Visas as part of their Expo 2020 objective. The Prime Minster of UAE announced in January 2020 that the time limit of the multi entry visit tourist visa shall be increased from 90 days, to a period of 5 years. This initiative aims to boost national economy by attracting more and more people into the retail and hospitality sector.

    Despite increasing the term to a period of 5 years, visitors shall not be permitted to work in the UAE. Considering the increase in the number of visitors expected to enter into the UAE, there shall be certain restrictions that will be imposed on holders thereof. It is likely that the government will impose a cap on the period of time that an individual may remain in the country.

    Further, as part of the golden visa system, the Federal Authority for Identity and Citizenship has introduced a new portal to facilitate ease of visa application for investors and entrepreneurs. This serves a dual objective, by increasing the number of investors in the country and making the UAE an attractive and long term base for conducting business.

    The new law shall afford an opportunity to entrepreneurs to extend their visa from an initial period of six months to 5 years, and once they meet all visa requirements, they even have the option of extending their visa to a period of 10 years.

     

     

    ]]>
    Thu, 12 Nov 2020 05:29:00 GMT
    <![CDATA[UAE-Family Law Amendments]]> UAE: Family Law Amendments

    The UAE government has recently introduced new amendments in the area of family law and other spheres concerning people's daily life. These amendments aim to reform laws related to divorce and inheritance, alcohol consumption, suicides and also aims to introduce stricter punishments for harassment of women.

    These laws, effective immediately, are said to enable non- Emaratis to apply their home country's personal laws to deal with their domestic affairs. This implies that, issues of divorce and inheritance concerning expatriates will not attract the application of Islamic laws.

    Divorce and Inheritance

    The changes in the laws cover wills, inheritance, separation, division of assets among divorced persons etc. As per this change, if a couple gets married in their home country and wish to seek a divorce in UAE, the laws of where the marriage was officiated will apply. Further, in case of an absence of agreement between the couple concerning joint assets, the court may intervene to mediate between the two.

    With respect to wills, as per the previous law, family members of a deceased person were to divide their assets according to the Shariah law in the absence of a will. Now, the citizenship of a person with decide asset division among the next of kin. It is imperative to note that, these changes will not affect property purchased in UAE.

    Assault and Harassment

    A range of amendments have been introduced for the protection of women's rights. In instances of 'honor crimes' a lighter sentence was awarded to a person who had assaulted a female under the garb of protecting her honor, this status is no longer recognized. Therefore, the distinction between an assault and an honor crime has been removed.

    The new laws call for stricter punishment for harassment such as street harassment, stalking etc. Further, law also aims to recognize that men can also be subject to harassment or stalking.

    Alcohol Consumption

    The possession and consumption of alcohol are no longer punishable under the law, provided that it is consumed in authorized areas and the individual consuming it is of legal age, i.e. 21 years old. The requirement to possess a license to consume alcohol will no longer attract penalties.

    Cohabitation of unmarried couples

    Though, authorities have not prosecuted any person for breach of this, unmarried couples and unrelated flat mates can now legally share a home in the UAE. It basically serves as an assurance as to the legality of this arrangement.

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    Tue, 10 Nov 2020 05:23:00 GMT
    <![CDATA[Dubai: Fractional Title Deed]]> Dubai: Fractional Title Deed

    The Dubai Land Department announced an initiative to implement a fractional title ownership regime with the aim to attract investors in the hospitality industry as well as other small investors to the Emirate.

    A fractional title deed basically entails division of an individual property into either two or more fractions, wherein each fraction has its own title deed. Each of these deeds would be treated in the same manner as any individual title deed, which means that they can individually be transferred, sold and mortgaged. Small investors are usually reluctant to buy property due to high costs, a fractional ownership will allow such investors to become co-owners of the same property by merely paying a transfer fee on the amount that they have invested and not on the entire amount of the unit. This move would prove to be highly beneficial in terms of flexibility of investment and financial obligations. The concept of co-ownership or combined ownership is prevalent in Europe and US in cases of high value tangible assets.

    Representatives of the DLD clarified that there is no minimum investment criteria that needs to be adhered to under this title deed model. The investment requirements shall be dependent on the cost of the unit and market conditions. Further, considering the state of the economy, owing to the pandemic the concept of joint ownership is a great step to help recover the losses incurred.

    It is imperative to note, that this concept is merely in its initial stages hence, not much can be said about it. There are many questions that still need clarification, such as service charges, arrears, liquidity, holding terms, restrictions, exit options etc. however, individuals who are desirous of investing in the real estate sector should do their due diligence and ensure that all their paperwork is consistent with their prospective investment decision. 

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    Mon, 09 Nov 2020 04:11:00 GMT
    <![CDATA[Income Tax Law Oman]]> Oman: Royal Decree 118/2020 amending provisions of the Income Tax Law

    On 26th November 2019, Oman signed several international agreements regarding tax, the agenda behind these agreements was to facilitate ease of information exchange in the realm of tax. Thereafter, significant changes were brought about in the Income Tax Law (ITL). The amendments to the law include; facilitating the exchange of information between tax jurisdictions through Automatic Exchange of Information (AEOI), the requirements of filing tax returns, the introduction of a tax residency section, among other things.

    As a general rule, tax information is prohibited from being disclosed to any person who is not authorized to receive such information. However, as per the amendment of Article 29 of the ITL disclosure of financial information is allowed in the following cases:

  • Judicial decisions or decisions issued by an official body authorized to do so;
  • A decision issued by the Income Tax Committee and the implementation thereof; and
  • Consent of the authorized person regarding disclosure
  • The AEOI authorizes the Tax Authority to obtain financial information or any such data and documents for the implementation of bilateral and multilateral treaties concerning tax. Further, the AEOI also authorizes tax authorities to obtain financial information related to any individual from any licensed bank in the country, moreover, the tax authority may also search the residence of such a person. In obtaining such information the licensed bank is not required to inform the concerned individual of such a search being conducted, failure to comply with the search request by the Authority can attract administrative penalties.

    As mentioned above, the amendment aims to define tax residency by defining concerned persons under the Law. As per the amendment, a tax resident is any person who is;

  • A natural person residing within the country exceeding 183 days (continuously or intermittently) within the tax year
  • Legal persons who may either be an entity established within the country or the headquarters or place of management thereof are present within the territory of the country.
  • Further, a Tax Grievances Committee has been established to receive appeals against any decisions that have been passed by the Tax Authority. Such appeals are required to be submitted in writing accompanied by the reasons for writing such a complaint. These measures have been taken in furtherance of the interest of governments and tax jurisdictions across the international tax sphere to curb tax fraud crimes and evasions.

     

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    Thu, 05 Nov 2020 05:26:00 GMT
    <![CDATA[Unified Tax Procedures Law introduced by Egypt]]> Unified Tax Procedures Law introduced by Egypt

    Law No. 206 of 2020 was published in Egypt's Official Gazette on 19th October 2020 which introduced consolidated tax procedures for the assessment and collection of tax. These are applicable for income tax, stamp tax, state development tax, value-added tax and any other taxes of the same kind.  The applicability of this Law extends to those procedures that were unfinished or partially complete before 20th October 2020.

    The primary aim of the new Law is to amalgamate the various tax procedures that are of a similar nature and to institute a more digitally compliant tax system in line with the ever so dynamic modern economy. The significant changes that are brought to attention by this legislation are enumerated below:

  • All provisions regarding tax procedures present in existing laws are null and void.
  • Electronic signatures are to have the same legality and validity as written signatures.
  • The rights and responsibilities of the Egyptian Tax Authority (ETA), as well as the taxpayer, are stated in the Law.
  • In every tax correspondence and transaction, the taxpayer must include a unified tax registration number.
  • The salient features of the Unified Tax Procedures Law are as follows:

  • Taxpayers have to submit their tax returns through the authorized electronic system along with an e-signature. A usage fee will also be charged for the process.
  • Monthly VAT returns are to be submitted within a month following the end of the tax period as opposed to the earlier deadline of two months.
  • Quarterly returns for salary taxes must be submitted by all businesses in January, April, July, and October every year. Such returns shall encompass the details of the employees, total gross salaries and other taxable compensations so paid.
  • The right to submit an amended tax return is given to every taxpayer during the year following the due date that is established for submitting the annual return.
  • Legal persons involved in commercial or financial transactions with related parties must provide various documents with respect to the pricing of such transactions to the Egyptian Tax Authority (ETA). Primarily three documents are to be submitted- the Master file, which consists of information on all the members, the Local File, which provides details on the transactions of the local taxpayer, and the Country-by-Country Report, that includes the financial information of all associated persons.
  • The master file and the local file must be prepared and submitted by the taxpayer if the aggregate of its related party transactions is beyond EGP 8 million for a year.
  • A penalty for non-compliance with the transfer pricing regulations has been introduced. 1% of the total value of the related party transactions that have not been declared in the corporate income tax return of the taxpayer is to be paid towards penalty for non-compliance as stipulated by the Law.
  • ]]>
    Tue, 03 Nov 2020 05:33:00 GMT
    <![CDATA[Customs Notice Number 17/2020: Procedures for Clearance of Goods Consumed within Free zones]]> Customs Notice Number 17/2020: Procedures for Clearance of Goods Consumed within Free zones

    Dubai Customs issued a Customs Notice on the 22nd of October, 2020 which aims to facilitate customs procedures. It aims to regulate the free zone business activities in regards to goods that are consumed or used therein. Further, it also ensures ease of clearance, reduction in the risk of doing business in the event of an audit, consequently, attracting more investment in these free zones. 

    The Notice draws a difference between goods that are subject to customs duty and the exempt ones. Article 1 lays down the goods not subject to customs duty as follows; Building equipment and materials used for construction, Packaging materials, machinery, equipment and spare parts used for maintenance, Petrol, oil, lubricants and materials used in production, Office equipment and supplies, and laboratory devices and materials used for scientific research, worn and damaged materials not fit for sale, use or recycling, Any other such goods that may be specified by the competent department.

    Thereafter, Article 2 enumerates goods that are subject to duty; goods sold to the local market that are subject to customs duty consistent with the GCC Custom Tariff, that includes but are not limited to; goods sold by local markets by licensed shops such as, electronics, foodstuff, perfumes, glass etc., damaged or worn materials not fit for sale, use or recycling such as, oil residue from vessels and factories etc.

    The Notice further also lays down the process of declaration of goods consumed or used as per the requirements. All businesses described in the Notice are subject to follow customs procedures enumerated under Article 3 of the Notice which requires; the submission of a request for approval to the customs office, the business is then required to undergo customs examination and inspection to ensure that the risk management standards are being adhered to, obtaining approvals in case the business deals in restricted goods and submitting reports of destruction of goods.

    The new procedure involves a mandatory submission of 'consumption goods declaration' to the Dubai Customs which includes consumption and use of both goods that are included and excluded from custom duty. This declaration is required to be submitted every quarter and must be accompanied by the documents enumerated under Article 4 of the said Notice.

    These compliance requirements apply to all entities that are conducting business activities in the Dubai free zones. 

     

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    Mon, 02 Nov 2020 06:05:00 GMT
    <![CDATA[UAE approves Cabinet Resolution amending Federal Law No. 18/1993 regarding Dishonoured cheques]]> UAE approves Cabinet Resolution amending Federal Law No. 18/1993 regarding Dishonoured cheques

    A cabinet resolution amending certain provisions of Federal Law No. 18/1993 promulgating the UAE Commercial Code, ('the Resolution') was approved by the UAE Cabinet on 26 October 2020. The changes adopted by the Resolution, which will come into effect by the end of 2022, include amendments to the rules on dishonoured cheques and the issuance of valueless cheques. 

    The following changes are included in the Resolution:

  • Avoidance of criminal litigation by supporting alternative dispute resolution practices. As the primary condition for removing a criminal proceeding against a debtor, the Resolution facilitates payment of the sum of dishonoured cheques;
  • Implementation of additional fines, including the cancellation of cheque books of persons convicted of dishonouring a cheque and banning them from receiving new cheque books for up to five years. It is also possible to terminate the technical or economic activities of convicted persons for up to six months. In the case of multiple crimes, technical or business operations may also be cancelled, or the perpetrator may be forced into bankruptcy;
  • The beneficiary of a dishonoured cheque can file a direct claim with the execution judge before the execution court to confiscate the issuer's properties;
  • Providing more opportunities for reconciliation for issuers and beneficiaries of dishonoured cheques; and
  • Implementation of a procedure for the service of joint bank accounts: following the death or loss of control over the bank account of the joint account holder, the other joint account holder(s) shall inform the bank within ten days of the date of death or disqualification of the first joint account holder and the bank shall then restrict the right to withdraw from the joint account beyond the disqualification of the deceased / disqualified account holder.
  • These placatory measures introduced by the amendments will uplift the spirits of businesses and lessen the burden of courts that currently adjudicate criminal proceedings in regards to dishonoured cheques.

    The amendment to the law, once it has been published in an Official Gazette, may provide further clarification on areas covered by the current legislation but not followed in practice.

     

     

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    Sun, 01 Nov 2020 05:55:00 GMT
    <![CDATA[Cabinet Resolution Number 57of 2020 concerning Economic Substance Regulations (the “ESR”)]]> Cabinet Resolution Number 57of 2020 concerning Economic Substance Regulations (the "ESR")

    The UAE Cabinet issued a new resolution concerning Economic Substance Regulations. This resolution aims to replace the old Regulations, making it redundant.  On 23rd September, 2020, the Ministry of Finance (MoF) announced the details of the Cabinet Resolution in consensus with the Organisation for Economic Cooperation and Development (OECD) and the European Union Code of Conduct Group.

    The key amendments in this resolution are enumerated as follows;

  • Under the purview of the MoF, a new centralised online portal has been created that allows ease of access to entities who wish to submit ESR notifications. All ESR submissions shall be submitted therein, henceforth.
  • Further, the duty to assess compliance and enforcement thereof lies with the UAE FTA. 
  • The new ESR limits the definition of a licensee to juridical persons and unincorporated partnerships that are registered to carry out relevant activities. This therefore implies that, natural persons, sole proprietors, trusts and foundations are no longer subject to the ESR.
  • The ESR also defines High Risk IP Licensees as businesses that meet the following conditions; the entity did not create the IP asset, the entity acquired the asset from a connected person or in consideration from funding research and development for an individual situated in a foreign jurisdiction, the asset has been sold to a connected person through a business license, or earns separately identifiable income from the foreign connected person with respect to exploitation of said asset.
  • The new ESR further provides for exemptions with respect to entities to whom filing requirements such as, filing an ESR Report and meeting the requirements of the Economic Substance Test, do not apply. A list of exempted licensees has been provided in the new ESR wherein UAE companies that are tax resident outside the UAE, entities wholly owned by a UAE resident, branches of foreign companies in UAE are exempted from the requirements. Earlier, entities that were majority-owned (51% or more) were excluded, however, now such entities are no longer exempt.
  • With respect to any entity applying for an exemption on grounds that they are already subject to tax outside UAE, the MoF shall share details with foreign competent authorities thereof.
  • Further, the ESR provides for activities that may be outsourced, as well as the requirements that shall apply to such outsourced activities.
  • The ESR further also sets out fixed amounts of administrative penalties for violations of the regulations as opposed to the previous regulation that laid down a range of amounts that could be imposed as a penalty.
  • ]]>
    Wed, 28 Oct 2020 02:33:00 GMT
    <![CDATA[Amendments to Federal Law No. 9 of 2016, UAE’s Bankruptcy Law]]> Amendments to Federal Law No. 9 of 2016, UAE's Bankruptcy Law

    The UAE Cabinet approved amendments to the UAE Federal Law No. 9 of 2016 on 21 October 2020, also known as the Bankruptcy Law. These changes are aimed at alleviating the financial hardship caused by the COVID-19 pandemic and other emergencies. Although the particulars of the new amendments are yet to be disclosed, they have been understood to provide debtors with a wider range of options in a structured environment to reduce losses and satisfy their obligations along with offering the debtors the ability to continue their ongoing business.

    One of the amendments seeks to revise the current requirement that a debtor must initiate proceedings to declare bankruptcy in the event of a default. There is a further provision which provides debtors with a grace period of twelve (12) months in which the debtor, with the permission of the court, can postpone the filing of bankruptcy and negotiate a settlement with its creditors. The amendments also provide that, during such grace period, a debtor can maintain greater control over its funds which are necessary to continue its business operations.

    Similarly, the amendments provide the debtor with more opportunities under certain terms and conditions to receive new funding. It will be interesting to see how the court identifies 'emergency' situations and the definition that they will provide to this term. Currently, the economy and businesses are struggling due to a mixture of emergencies, such as COVID-19 and other pre-existing issues relating to more generic economic problems. A crucial factor in deciding the domain of debtors that can benefit from it would be whether the courts apply a "threshold test" to decide at what level of "emergency" has led to the creation of the bankruptcy situation.

    Similarly, greater clarification would be sought as to the specifics of the grace period, and whether this amounts to a widespread suspension of proceedings against a debtor requesting a leave of court or a more organized debtor in the scheme of ownership. Notwithstanding these concerns, it is expected that these reforms will have a favourable impact on the market and will aid certain debtors who are in pursuit of finding ways to return to solvency.

     

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    Tue, 27 Oct 2020 01:33:00 GMT
    <![CDATA[Oman’s VAT Law]]> Royal Decree Number 121/2020: Oman's VAT Law

    The Sultanate of Oman is all set to implement its VAT regime, with effect from 1st April 2021. This makes Oman the fourth GCC country to introduce VAT, following UAE, the Kingdom of Saudi Arabia and Bahrain, as per the GCC VAT agreement that was signed by the GCC states in 2016.

    The VAT shall be chargeable at the rate of 5% or 0% (also known as zero-rated tax), the VAT Law also lays down a list of goods and services that have been exempted from the tax regime.

    With the introduction of VAT, it becomes important for businesses to assess their contracts, to determine the application of the tax on their goods and services. This treatment of VAT can be determined by identifying the time when the supply of goods and services become effective. To accurately determine the treatment of VAT, the contract must be assessed concerning the type of goods and services being supplied and the time at which the supply becomes effective.

    Upon reading the VAT Law, businesses can further determine what kinds of goods and services are exempted from VAT and whether any special rules are to apply to the same. Further, they should also take into account the reverse charge that may be applicable in case of goods being imported. Any person carrying on a business within the territory of Oman shall mandatorily register themselves for VAT purposes and file periodical VAT returns.

    With respect to electronic services, VAT shall be applicable on all such goods and services, the recipient of which resides in Oman. B2B supplies of goods and services (in case of e-services) are subject to a reverse charge mechanism, which implies that the burden of tax is on the supplier of such goods.

    Omani businesses should take steps in assessing the structure of their contracts and supply chains so that they can identify any risks and how future contracts can be amended to accommodate the VAT regime.

    Therefore, it becomes imperative for businesses to apply the VAT Law correctly to avoid any inconvenience in the future. The VAT Law contains provisions concerning fines and penalties that may be applicable in case of wrong treatment. In case of non-compliance, fines range from OMR 1,000 to OMR 20,000. Further, a higher degree of non-compliance may attract imprisonment of up to three years.

     

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    Sun, 25 Oct 2020 12:00:00 GMT
    <![CDATA[UAE amends Labour Law to provide for Paternity Leave and Equal Pay]]> UAE amends Labour Law to provide for Paternity Leave and Equal Pay

    The President of the UAE promulgated the Federal Decree-Law No. 6 of 2020 (the Decree) which amends Federal Law No. 8 of 1980 on the Regulation of Labour Relations (as amended), also known as the UAE Labour Law and introduced two new amendments. The Decree was proclaimed on 25 August 2020 and took effect on 25 September 2020. The amendments incorporate fair treatment regarding pay and parental leave for male and female employees.

    The first amendment was made to Article 32 of the Labour Law. The earlier provision stated that a woman shall be paid the same salary as a man if she performs similar work. The new provision mandates that a woman must be paid the same as a man if she performs the same work or work of equal value. Besides, the Cabinet is enabled to promulgate detailed regulations on the subject of equal value, based on the recommendations and proposals of the Minister of Human Resources and Emiratisation. Such regulations may be required to set fair value assessment parameters; they could also set out forms of recourse for aggrieved workers and provide for punishments for breaches.

    The second amendment relates to Article 74 of the Labour Law. This clause specified the UAE's official holidays when it was originally implemented in 1980. It was abolished in 2017, and a new and slightly updated list of official holidays was adopted by a Cabinet Resolution. Article 74 has since been redesigned to resolve the problem of parental leave, granting every employee regardless of their gender, the ability to take parental leave for five paid days at any time from the birth of a new child before the child reaches the age of six months. The UAE and Saudi Arabia are the only GCC countries to provide paternity leave to private sector employees, with the UAE paving way for the most generously paid paternity leave policy.

    This right is in addition to the provisions on maternity leave given to female employees which appear in Article 30 of the Labour Law and which remain unchanged. Furthermore, this right will attach immediately upon commencement of employment.

    This is welcome news for all working parents and female employees and represents the status of the UAE as a modern and forward-looking jurisdiction with a strong emphasis on equality in the workplace.

     

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    Thu, 22 Oct 2020 11:37:00 GMT
    <![CDATA[Regulations regarding Family Ownership of Common Property]]> Regulations regarding Family Ownership of Common Property

    The Law regarding the regulation of Family Ownership of Common Property was introduced by Dubai Law Number 9 of 2020. As the name suggests, this law aims at laying down a comprehensive framework to regulate family ownership of property among successive generations. It further, enables members of the family to enter into a contract concerning collective ownership.

    The members of the family may enter into a contract through a Family Property Contract. The purpose of this contract is to enable a member to manage, regulate and administer, jointly, all aspects of the property held, for the benefit of its members. This contract,  therefore, aims to lay down certain governing principles that are to be followed by members and also remove any sort of ambiguity that may be related to the property concerned. The members of the family are to have a common interest and that interest is to be identified and consequently protected therein. The members may lay down any such terms and conditions as may be mutually agreed upon, provided it is legally valid. It is further, imperative to note that the contract must be signed by all members and notarized before a UAE public notary. Further, the term of validity of Family Property Contract is for 15 years, on the expiry of which it may be renewed by the members by unanimous consent.

    Further, in case of any disputes arising out of a contract, the members may approach a special judicial committee, as established by the Law in force. This committee shall take into consideration all such matters as may be brought forth by the members and aim to dispose of the matter efficiently and effectively. During the period of hearing the matter, the committee must keep the interests of the members in mind and therefore, maintain confidentiality and privacy concerning the dispute.

    The Law aims at creating a harmonious environment in the family business sphere and further aims to protect the interests of all members of the family concerning their capital and wealth. It further makes sure that, there is a continuity in the flow of wealth in the family across generations. Moreover, it also aims to simplify any complexities attached to family businesses.

     

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    Wed, 21 Oct 2020 10:41:00 GMT
    <![CDATA[Ministerial Decree on usage of essential information and data in relation to innovation in Pharmaceutical Products]]> Ministerial Decree on usage of essential information and data in relation to innovation in Pharmaceutical Products

    The UAE has always been on the forefront of innovation and economic diversification in order to maintain a robust IP mechanism. In relation to this a Ministerial Decree was issued in the month of September by the Ministry of Health and Prevention. Decree 321 of 2020 was promulgated to regulate and control the usage of essential information and data that relates to innovation in pharmaceutical products that are registered in the UAE.

    For a period of eight (8) years from the date of marketing approval in the UAE, the marketing authorisation holder has exclusive rights to the data and information surrounding the pharmaceutical product. This is known as the "Data Exclusivity Period".

    Decree 321 affords generic companies a marginal exception in spite of the Data Exclusivity period for the sake of public health or any other reason as decided on a case to case basis.  It incidentally discards the recognition of patents of origin as a catalyst to restrain generic companies for products that have been registered or approved after the publication date of the new Decree. The Decree 404 will apply only to pharmaceutical products that have been registered or approved before the New Decree Publication Date.

    This Ministerial Decree proclaims that a marketing approval can be applied for by generic companies within 2 years prior to the expiry of the Data Exclusivity Period. This can be done only if evidence of the lack of a legitimate and valid patent protection, in the UAE, with regard to the original drug can be produced before the government. The Ministry of Health had issued the Decree 404 in 2000 in relation to pharmaceutical patent registration.

    The Decree will come into effect as soon as it has been published in the UAE Official Gazette. This is expected to take place in the month of October.

    Patent protection in the UAE is extremely necessary for pharmaceutical companies to safeguard themselves against generic companies inside the UAE and in turn place less reliance on patents of origin.

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    Tue, 20 Oct 2020 10:58:00 GMT
    <![CDATA[UAE on the Regulation of the Procedures of Real Beneficiaries]]> UAE on the Regulation of the Procedures of Real Beneficiaries

    The UAE Cabinet is all set to implement Cabinet Decision No. 58 / 2020 for the Regulation of the Procedures of Real Beneficiaries in order to regulate obligations of corporate entities that fall outside the ambit of financial free zones i.e. the UAE Mainland. This law requires entities to disclose their real beneficiaries, partners or shareholder during the time of incorporation, through registration.

    The entities are required to maintain registers of beneficial owners and registers of partners or shareholders, effective from 27th October, 2020, i.e. 60 days from publication of this Cabinet Decision. All such information as recorded in the said registers shall be submitted to the relevant licensing authority.

    The Cabinet Decision has further specified that a real beneficiary shall be a person that owns at least 25% or more of the company's share capital, directly or indirectly. It goes on to state that a real beneficiary is not limited to just one person, but can be more than one individual that owns and/or controls the entity.

    There are certain requirements that have been set out with respect to the Register of Partner and Shareholders, subject to amendment in case of any changes within 30 days from the date of the Cabinet Decision. Any further changes should also be brought to the attention of the company within 15 days of such change. Every such company has a responsibility to maintain the Register as per the criteria prescribed by the Cabinet Decision failure of which, may attract penalties.

    The Cabinet Decision therefore, is a stride in the right direction in terms of transparency of operations and cooperation between domestic and international provisions.

     

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    Mon, 19 Oct 2020 11:33:00 GMT
    <![CDATA[UAE’S Country-By-Country Reporting Rules]]> UAE'S Country-By-Country Reporting Rules

    The United Arab Emirates (UAE) has ratified the Base Erosion and Profit Shifting Framework in 2018. Recently, UAE's Ministry of Finance passed Cabinet Resolution Number 32 of 2019 related to Country-by-Country Reporting (CbCR) compliance obligations (CbCR Rules) for multinational companies/entities (MNE) based in or operating from the UAE. The CbCR Rules shall be in effect for financial year from January 1, 2019 and the financial year starting from 2019 shall be the first reporting year.

    The CbCR Rules of UAE shall be applicable to multinational corporations which has following qualifications:

  • A consolidated revenue of AED 3.15 billion;
  • The ultimate parent company is resident of UAE of the MNE group;
  • If the constituent entity of the MNE group is a UAE resident and the parent company nominates it as Alternate Parent Entity (APE);
  • If constituent entity of MNE group is UAE resident.
  • The report on CbCR shall be filed within 12 months of the closure of reporting period hence if the financial year commenced on 1 January, 2019 then the CbC Report must be submitted within 12 months from end of year 2019 i.e. by 31 December, 2020. The Cabinet Resolution also provides clarification that such CbC Report shall be filed electronically. Also, the format and content of CbC Report shall be the one as suggested by Organization for Economic Cooperation and Development i.e. OECD.

    The Cabinet Resolution Number 32 of 2019 mentions the penalty that would be imposed if the companies fail to comply with the law. The penalty suggested are heavy ones such as failure or delay in submission of CbC Report once 12 months deadline is crossed is AED 1,000,000 plus 10,000 per day during which failure continues upto maximum of AED 250,000. Also, inaccurate and incomplete CbC Report shall attract penalty of minimum AED 50,000 to maximum AED 500,000.

    With the rules in force by the UAE Government, in the latest peer review consultation/round table of OECD Global Forum on Transparency and Exchange of Information for Tax Purposes, UAE has received rating of "largely compliant".

     

     

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    Sat, 15 Feb 2020 12:00:00 GMT
    <![CDATA[UAE Medical Liability Law gets its Implementing Resolution]]> UAE Medical Liability Law gets its Implementing Resolution

    The Cabinet Resolution No. 40 of 2019 related to Federal law No. 4 of 2016 i.e. Medical Liability Law was issued to elaborate the implementation machinery of the law. Prior to the issuance of the Cabinet Resolution, the practitioners who committed any minor medical error were also charged with criminal liablity.

    After the issuance of the Resolution, it clarified through examples as to what "gross medical error" means that could be punished under the criminal law. Article 5 provides insight related to it:

    • It shall be a gross medical malpractice if it leads to the death of the patient or foetus, loss of any organ and;
    • unjustified nonconformity with well-established medical standards and rules
    • doctor is under the impact of psychotropic substances or alcohol.
    • practicing the profession beyond specialization for which doctor holds professional license.
    • Without prior practice and medical guidance, doctor prescription of diagnostic test or therapeutic drugs.

    The Cabinet Resolution under its Articles 9 to 15 also provides for the establishment of a Medical Liability Committee to supervise and receive any complaint relating to medical malpractice or negligence. Further, Article 18 lays down the provisions related to the disciplinary actions over:

    • for private health facilities as an establishment;
    • for doctors at such private healthcare facilities;
    • for professional practitioners besides doctors and pharmacists at private health facilities;
    • for pharmacists and assistant pharmacists;
    • for Professional Practitioners at the Federal Government and Government Health Facilities.

    The Cabinet Resolution Number 40 of 2019 has ushered a transparent system of accountability of medical professionals and allied health professionals as it has clear rules and procedures that need to be adhered by the health facilities, practitioners and the medical liability committee to assure quality healthcare to the ailing patients.

     

     

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    Thu, 13 Feb 2020 12:00:00 GMT
    <![CDATA[Related Party Transactions for VAT in Bahrain]]> Related Party Transactions for VAT in Bahrain

    The Kingdom of Bahrain under Decree-Law Number 48 of 2018 (Decree-Law) is the pivotal legislation with regards to Value Added Tax (VAT) in Bahrain. Further, the Executive Regulations Number 12 of 2018 (Executive Regulations) are the elaborate rules with respect to the application of the VAT Law. With regards to the related party transactions, Article 22 of the Decree-Law as well as Article 24 of the Executive Regulations, lays down the rule that on the supply between two or more related parties a market value should impose in case the value of the supply is represented or marked lower than the actual market value, and there cannot be full claim on related input tax by the recipient.

    With regards to the related party transactions in VAT, the National Bureau for Revenue (NBR) in Bahrain has published clarification notes to calculate the market value of such related party transactions. Article 24 of the Executive Regulations mentions that the market value shall be that fair price tradeable between the independent parties where:

    • That the customer and his supplier are not subject to commercial pressure.
    • The customer and supplier both works as per their market interests independently.
    • There is no undue time pressure in concluding the transaction.

    The market value in case of related party transactions needs to be calculated as per the fair price that is currently pitched in the open market for two independent parties on the same date, similar circumstances and same supply transaction. The transactions between related persons need to be calculated based on the market value in the following cases:

    • the value of the supply is lesser than that of the market value
    • no deduction allowed for value-added inputs.

    When the market value could not be determined according to the above three conditions, NBR made it clear that guidelines related to transfer pricing issued by the Organization for Economic Cooperation and Development (OECD) have to be adopted to calculate the market value of the transaction.

     

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    Tue, 11 Feb 2020 12:00:00 GMT
    <![CDATA[DIFC Qualifying Employer Workplace Savings Scheme]]> DIFC Qualifying Employer Workplace Savings Scheme

    In the early part of the year 2019, Dubai International financial Centre Authority (DIFCA) proposed in the consultation paper to revise the end of service gratuity (ESG) regime. ESG regime was proposed to be replaced with contributions-based-savings.

    In February 2020, the DIFCA brought amendments to the DIFC Employment Law Number 2 of 2019 specifically with regards to Article 66 that governed erstwhile ESG. The DIFCA proposed qualifying scheme which is designed and revolves around concept of "employment money purchase scheme", as DIFC follows common law or English Law principles. The qualifying scheme would be closely modelled on UK Pension Schemes 1993 that defines the term money purchase benefits as the benefits the rate or amount of which is calculated solely by reference to assets. Therefore, the qualifying scheme shall make provision for:

    • Payment of monthly contribution by an employer with respect to employees i.e. core benefits
    • Payment of the benefit to member or their legal heir, leaving their employment
    • The administrator or fund managers should be under supervision of the recognized regulator.

    The Qualifying Scheme that is promoted by DIFCA is termed as DIFC Employee Workplace Savings (DEWS). But, the DIFCA has given freedom to employers to choose any other Qualifying Alternative Scheme (QAS).

    The salient features of the Qualifying Scheme are:

    • ESG would cease to accrue from 31 January 2020 but the gratuity shall not be paid at this date but:
    • Would be held by the employer until termination of employment, and be paid within 14 days of the termination.
    • the employer pays it into a Qualifying Scheme after 31st January 2020.
    • The employer beginning from 1st February 2020 is obligated to make employer contributions as per the following calculations:
    • For every month 5.83% of the amount of the basic salary, unless the employee completes 5 years of service and
    • For every month approx. 8.33% of the basic salary in case employee works for more than five years.
    • The employer mandatorily must register each employee working in his organization latest by 31 March 2020 as well as the first payment into such qualifying scheme shall be made by 21st April 2020.

     

     

     

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    Sun, 09 Feb 2020 12:00:00 GMT
    <![CDATA[Kingdom Of Saudi Arabia Introduces Anti-Spam Regulations]]> Kingdom Of Saudi Arabia Introduces Anti-Spam Regulations

    The Kingdom of Saudi Arabia's (KSA) Communications and Information Technology Commission i.e. CITC has its primary obligation of regulation of telecom sector in the Kingdom nation. This role of CITC includes among its manifold role, one of licensing the telecom service providers (TSPs) and ensure compliance of TSPs to the Telecom laws such as Ministerial Resolution Number 74 of 5/3/1422H, Royal Decree Number M/12 of June 2001 as well as bye-laws related to it which are issued by Ministry of Post, Telegraph and Telephone Resolution Number 11 dated 27 July 2001.

    To reduce spam messages in KSA, the government has issued new set of regulation for reducing spam messages viz. CITC Decision Number 395/1439 of 14 August 2018. The TSPs that are licensed to operate in spectrum allocated to them by the Ministry of Post, Telegraph and Telephone Resolution shall be required to take strict action against spam messages which are transmitted using network frequency on which these TSPs operate. Spam messages defined under these new regulations implies to any electronic messages which are sent without any opt-out option. Also, electronic message under these regulation means messages which are transmitted through telecommunication network but with electronic constitution such as email, flash SMS, fax, MMS, SMS, etc. But noteworthy is that the regulations is silent on the fact of spam voice calls.

    In order to sieve the messages, the TSPs need to categorize the messages as:

    • Awareness messages: guidance content to all users by government agencies, banks, hospitals, others.
    • Personal messages: electronic messages from a specified user number to another specified user number.
    • Promotional messages: commercial or marketing messages
    • Service messages: service content to a specific user for the purpose of providing information on operational aspects of that service
    • Warning messages: sent by responsible government entities to warn against imminent threats or to alert users.

    The new regulation serves to control nuisance and marketing fraud which occurs through medium of the spam messages thereby protecting the consumers from market harassment and also ensuring fair marketing practices.

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    Thu, 06 Feb 2020 12:00:00 GMT
    <![CDATA[UAE Excise Tax on Sweetened Beverages and E-Cigarettes]]> UAE Excise Tax on Sweetened Beverages and E-Cigarettes

    The UAE Cabinet in an attempt to discourage use of sweetened beverages and smoking habits of the public introduced new Excise Law regime according to which UAE would apply 50% Excise Tax on Sugar Sweetened Beverages (SSB) as well as 100% excise duty on electronic smoking devices and equipment and its associated parts such as the liquid used therein. The decision is contained in Cabinet Decision Number 52 of 2019 on Excise Goods, Excise Tax Rates and the Methods of Calculating the Excise Price. This decision came into force on December 1, 2019.

    The new excise tax shall apply on the above mentioned two products in following manner

    • The excise duty/tax of 50% shall be levied on any product that contains sweeteners or added sugar either in concentrate or beverages, powder or other substance that is mixed with water to be made into a beverage.
    • The excise tax/duty of 100% would also be levied on every electronic smoking devices and equipment despite they contain any trace of tobacco or nicotine or liquid used in such devices.
    • These two goods are included in the existing list of goods such as tobacco products, energy drinks and carbonated drinks on which excise duty is applicable.

    According to the law, tax shall be applicable on the following Excise Goods:

    • 100% rate of excise tax on tobacco and tobacco products;
    • 100% rate of excise tax on liquids used in electronic smoking devices and tools;
    • 100% rate of excise tax on electronic smoking devices and tools;
    • 50% rate of excise tax on carbonated drinks;
    • 100% rate of excise tax on energy drinks;
    • 50% rate of excise tax on sweetened drinks.

    The Federal Tax Authority (FTA) has designed new procedure for registration of these two classes of products and sub-classes under them and calculating the excise tax related to these. The new regime shall be although in tandem with Federal Decree Law Number 7 of 2017 on Excise Tax which is the parent legislation for the excise tax in UAE.

    Through introduction of excise tax on these commodities, the Government aims to shift negative externalities associated with human health and environment in consumption of such harmful commodities.

     

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    Wed, 05 Feb 2020 12:00:00 GMT
    <![CDATA[Oman’s New Pharmaceutical Licensing Regime]]> Oman's New Pharmaceutical Licensing Regime

    The new legislation by Government of Oman via Royal Decree 35 of 2015 repeals Royal Decree 41 of 1996, and affect the pharmacies in Oman that are owned by foreign investors. The new law aims to launch fresh licensing and profession regulating regime.

    The mandate of the new law is:

    • Every licensed Omani company must include an Omani pharmacist as shareholder;
    • Applications for new pharmacies must comply with this rule on imminent basis;
    • the existing pharmacies shall have short window to comply with the new law,
    • Only a licensed pharmacist should dispense medicine, licenses are granted for a period of maximum two years and are renewable;
    • The owners of a branded pharmacy are not permitted to hold ownership interests in other brands of pharmacy chains;
    • Reduction in period of license granted for operating the pharmacy has been reduced to two years from previous period of five years;
    • Collusive agreements between physician and pharmacists with regards to dividing funds earned through prescription of specific medicines are prohibited;
    • Limitation on the number of pharmacies that an individual may setup and branches any brand pharmacy can open and hold ownership rights;

    This new regulation shall make it compulsory for the equity that is held by any non- GCC (Gulf Cooperation Council) national to be reduced and also inclusion of the Omani pharmacist as mandatorily in the shareholding structure. Besides, may improve the consumer choice with regards to different brands pharmacy that are opened and maintain price competition amongst such pharmacies.

     

     

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    Tue, 04 Feb 2020 12:00:00 GMT
    <![CDATA[UAE Cabinet Approves Draft Law Amendment to UAE Agency Law]]> UAE Cabinet Approves Draft Law Amendment to UAE Agency Law

    The UAE, with the aim to strengthen national framework for boosting trade and investment in the Middle East's most advanced economy, approved amendments in Federal Law Number 18 of 1981 pertaining to Agency Law. The UAE Cabinet has approved a draft law amending provisions of the nation's law, a move which comes within the framework to enhance the country's trade and investment development.

    The amendment to this law shall affect public shareholding entities, UAE nationals, foreign investors and small and medium enterprises. The amendments to this federal law shall provide big opportunities to family-owned enterprises to convert into public joint stock companies by providing high quality services. The new law shall open opportunity for transformation of family-based business houses to enlist themselves to UAE financial market. This also aims at encouraging the family-based business of Emirati population to enlist on financial markets once they go through corporate restructuring. This subsequently would provide encouragement to the Emirati nationals to invest in the public shareholding companies as well as in commercial agencies with least investment risk.

    This is so because for owner of small and medium enterprises (SME) and small or retail shareholders it would provide necessary protection under the statute in event of termination or non-renewal of agreement on basis without material reasons. This amendment shall in a way ensure continuum of family businesses with sound governance and recourse in case of default.

     

     

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    Sun, 02 Feb 2020 12:00:00 GMT
    <![CDATA[Confusion Looms Over Taxation Proposal of NRI]]> Confusion Looms Over Taxation Proposal of NRI

    The new Budget 2020 announced by Finance Minister of India Ms. Nirmala Sitharaman while being appreciated for relief and benefits it has introduced for the middle class, it has come as surprising for the NRIs with a proposal of taxing them. The proposal contained in the Budget 2020 aims to tax the NRI and the amendment to the existing legal provision proposes instead of 182 days of overseas stay now 240 days shall be considered in order to fall under the category of NRI and any Indian who lives for 120 days or more than it in India would be a resident and also taxed accordingly. The second proposal aims to impose a tax on worldwide income of NRI if he lives in different nations.

    If passed by the Parliament, such NRIs who don't live in India for many years would be affected in the financial year (FY) 2024 to 2025 and would be tagged as ordinarily resident in India from that year onwards and shall need to pay their respective taxes relating to global income as well as report foreign assets in ITR (income tax returns).

    The Budget further reasons that taxation laws should not abet a person who is not liable to tax in any country. The current law that holds the concept of "residence" provides an escape to high net worth individuals and other person to no accountability with regards to pay tax in any place in the world. The financial analysts view this proposal as not worthy as it would impact Indians who work in minimum or no personal income tax jurisdiction. Also, the experts say that there is ambiguity in interpreting the term "liable to be taxed" and hence need broad discussion with the public as well as economists.

    With NRIs panicking about this proposal, the Finance Ministry in its Press Release has clarified that the proposed amendment aims to be an anti-abuse provision to the fact that many Indian businesses and citizens deliberately shift their income to low or no-tax jurisdiction as malpractice of tax evasion. Further, if the proposal becomes effective, it would be applicable only on those NRIs if earned through Indian business or profession.

     

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    Sat, 01 Feb 2020 12:00:00 GMT
    <![CDATA[DIFC Launches the New Leasing Regulations]]> DIFC Launches the New Leasing Regulations

    The international financial hub of the emirate Dubai, renowned for the presence of international companies and firms in the area has released new regulations related to protections and privileges of property owners and the tenants.

    The law viz. DIFC Leasing Law Number 1, 2020 was implemented by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE has the prime objective of increasing the attraction of property market at DIFC and DIFC's vow of aligning the legal and regulatory framework in tandem with the international best practices.

    The new Leasing Law sets out new regulations which can be aligned with the common law jurisdictions:

    • introduction of general requirements for leases and obligations for lessors and the lessees;
    • introduction a tenancy deposit scheme (TDS) in case of residential leases that would be administered by Registrar of Real Property;
    • a requirement of submission of the condition reports by the residential lessors as per the Leasing Law Number 1 of 2020;
    • the imposition of the maximum limit on security deposits take from the residential lessors;
    • introduction of explicit provisions with respect to termination of the leases, disposal of goods and chattels that remains at the property.
    • a prohibition against acceptance of key-money or any consideration for the goodwill of any business in respect of retail leases,
    • also, new provisions related to the termination of leases including the circumstances under which lease may be terminated by court order, by agreement between the parties or surrendered.

    The new Leasing Law supplements the prevailing Real Property Law in the zone and provides a crystalline guide to right and duties to lessors and lessees of properties in the DIFC.

     

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    Thu, 30 Jan 2020 12:00:00 GMT
    <![CDATA[Bahrain Law On Personal Data Protection: Technology Developments in the Kingdom]]> Bahrain Law On Personal Data Protection: Technology Developments in the Kingdom

    The Kingdom of Bahrain enacted the Law Number 30 of 2018 i.e. the Personal Data Protection Law (the PDPL). Bahrain, under the PDPL, shall establish a Personal Data Protection Authority that would enforce this law and oversee the implementation and issues cropping out of it.

    The law is applicable to individuals located and engaged in economic activities within the Kingdom of Bahrain as well as the PDPL provides for the liability nexus concept that individuals and organizations not situated in Bahrain but process or handles data related to Bahrain or uses any route of processing data through Bahrain.

    The law follows defines the following main roles:

    • data manager i.e. person with decision regarding use and means of data processing; 
    • data processor i.e. person who handles data for and on behalf of the data manager.

    The PDPL defines "data or personal data" as information related to a specific individual with particular identifying mechanism such as personal ID number or physical, cultural or economic factors. Also, PDPL deals with concept of "sensitive personal data" that reveals whether directly or indirectly race, ethnicity, political affiliations, religious beliefs, union affiliation, criminal record or health or sexual life. The PDPL defines "processing" organization, collection, storage, retrieval or revelation of personal data in relation to any person or organization. Therefore, different restrictions are applicable to different categories of information.

    The PDPL imposes civil or criminal liability as per different categories of the breaches. The Personal Data Protection Authority may impose administrative fines up to 20,000 BD. Individual data owners who have suffered a loss due to violation of the PDPL may file civil complaint in the Bahraini courts for compensation/damages from the offender/perpetrator. Furthermore, the criminal prosecution may result in imprisonment for up to 1 year plus fines of up to 20,000 BD.

    The law aligns data protection regulation to global best practices in European Union and USA and also regulates the processing and transfer of data in Bahrain. Bahrain's adoption of the PDPL reflects the trend among Gulf Cooperation Council (GCC) Nations for enhanced data protection due to incidents of espionages coming forth.

     

     

     

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    Tue, 28 Jan 2020 12:00:00 GMT
    <![CDATA[The Telemedicine Law Covers Entire Kingdom Of Saudi Arabia]]> The Telemedicine Law Covers Entire Kingdom Of Saudi Arabia

    The Saudi 2030 Vision promotes cutting-edge technology in health services for benefit of all the citizen in Kingdom of Saudi Arabia (KSA). The Ministry of Health expanded telemedicine with launch of e-health App viz. Seha App. This App provides ease of medical consultation with doctors by connecting the patients for virtual face to face consultations across the KSA. The Regulations mentions that telemedicine shall be used for consultation, diagnostics, screening, triage, obtaining a medical opinion from a healthcare practitioner (HCP) and the monitoring any medical conditions.

    The Regulations also defines the term telemedicine "medical practice using information and communication technology (ICT) from a remote place involving a live or virtual interaction between the healthcare personnel and the patient. The location of two parties in such consultation shall be different and involve artificial intelligence or robotics to come under ambit of telemedicine. Teleconsultations between patient and healthcare personnel or between the two healthcare personnel must involve video call and not exclusively audio to qualify as telemedicine.

    In KSA the medical professional can practice telemedicine but must be one who holds license from the Ministry of Health and it does not matter if the medical professional is in public or private sector. Moreover, any telemedicine practice delivered outside KSA from a health practitioner based in KSA shall be under the supervision of KSA based Government Medical Professional. Telemedicine undertaken by an HCP outside the jurisdiction will be undertaken under the supervision of a KSA based HCP. Therefore, it is implied that all requirements and the license that a healthcare professional should follow while conducting medical practice in person equally apply to the practice of telemedicine as well.

    The Regulations shall establish Saudi Telemedicine Unit of Excellence that would operate within National Health Information Centre of Saudi Health Council. The proposed Telemedicine Unit monitor and supervise orderly and proper rendering of telemedicine services. Also, every legal requirements and code that is applicable on healthcare facilities in KSA are equivalently applicable to entities providing telemedicine services especially the accreditation of Saudi Central Board for Accreditation of Healthcare Institution (SCBAHI).

    Ministry of Health's Vision 2030 that pins on developing quality and accessible healthcare services with quality and equality across KSA is bolstered by this initiative.

     

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    Mon, 27 Jan 2020 06:16:00 GMT
    <![CDATA[Kuwait’s First Mental Health Law: A Step Forward]]> Kuwait's First Mental Health Law: A Step Forward

    Kuwait enacted the first mental health law of the country prior to which there was no mental health law in the country. The Kuwaiti Law No. 14 of 2019 is the legislated concerning mental health and defines mental health as "state of well-being of individual and realization of his potential to cope with routine stresses of life, work productively and contribute towards the community." Moreover, the law also defines the term mental illness as "psychological or mental disorder due to impairing of mental function limiting individual's adaptation to their social environment but without use of alcohol or any psychotropic drugs or medications."

    The salient provisions of the mental health law of Kuwait are as follows:

    • establish Mental Health Coordinating Council (MHCC) with 11 members empowered to develop policies for rights of mental health patients.
    • Article 11 of the Mental Health Law empowers the physician to prevent a patient from leaving while undergoing evaluation known as Assessment Period if physician believes that patient pose threat to his own life or anyone else.
    • The compulsory referring of a person to mental health treatment can be done on judicial order
    • A patient may be transferred from one mental health centre to other if requested by
    • relative
    • mental health therapist
    • mental illness is threat to safety of patient and others
    • The law explains severe mental illness with symptoms
    • deterioration of mental/health condition
    • pose threat to the safety or life of the patient.
    • The law mentions lays down stringent punishment for the violation or contravention of the law:.
    • intentional admission of a person without any medical condition: imprisonment between 1 to 3 years and fine of 3,000 to 10,000 Kuwaiti Dinars.
    • Aiding/abetting a person to escape compulsory treatment: imprisonment for 1 to 3 years and fine of 1,000 to 5,000 Kuwaiti Dinars.
    • Disclosure of patient's mental health secrets: imprisonment for 3 months to 2 years and fine 1,000 to 5,000 Kuwaiti Dinars.

    The law is progressive as it not just focuses on treatment of mental health but also reformation and rehabilitation. The Ministry of Health under the law would encourage establishing the patient rehabilitation centres. Also, the Ministry of Health shall grant license to private shelter as well who come forth to help treating such mental health patients. Mental Health Law is progressive step in improving the healthcare facilities for patients and de-stigmizing the patients who are successfully treated.

     

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    Sun, 26 Jan 2020 12:00:00 GMT
    <![CDATA[Saudi Arabia’s New Competition Law]]> Saudi Arabia's New Competition Law

    Saudi Council of Minister approved the draft Competition Law thereby replacing Competition Law enacted via Royal Decree No. (M/25) of 2004. The implementing regulations shall be issued by Board of the General Authority for Competition (BGAC) within 180 days from the publication of the new Competition Law (new law) in the Official Gazette.

    The applicability of the new law shall be firstly, on natural or juristic person conducting economic activity i.e. agricultural, commercial, industrial or service. Also, involved in sale and purchase of commodities and services in Saudi Arabia. Additionally, to economic conduct outside Saudi Arabia which may damage fair competition in the country shall fall under the purview of the new law. But noteworthy point is that government/state owned entities are excluded from the operation of the new law.

    The main objectives of the new law are promotion and protection of fair competition in the country. Secondly, protect medium and small business to ensure their profitability and continuance. Thirdly, maintain fair price and quality of commodities and services and thereby protect consumers' rights. Finally, regulate any anti-competitive practice in the investment area of the Saudi Arabia.

    The new law explicitly include under its fold anti-competitive practices such as dominant position by company thereby exerting monopoly effect on the relevant market or indulging in predatory pricing to retard the competition or construct barrier of new players in the market. Second, anti-competitive practice is economic concentration i.e merger, acquisition or de-merger thereby influencing the relevant commodity and geographical market through appreciable adverse effect. Lastly, cartel whether vertical or horizontal or conglomerate are brought under the purview of the BGAC which has anti-competitive effect.

    The new law lays down provision with regarding to establishment of a specialized committee to settle the disputes under the new Competition Law as well as enforce penalties under the new Law. Also, the Board shall impose financial fines as per the breach committed by the entity.

    With new law in force, the entities in Saudi Arabia have already started taking into cognizance that they may need to structure their operations in tandem with compliance required under the new law.

     

     

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    Thu, 23 Jan 2020 12:00:00 GMT
    <![CDATA[DMCC Targets Ease of Doing Business in the Freezone]]> DMCC Targets Ease of Doing Business in the Freezone

    Dubai Multi Commodities Centre (DMCC) was established in the year 2002 as flagship hub for global commodities trade providing state-of-the art physical, financial and market infrastructure. DMCC released its new regulations viz. DMCC Company Regulations 2020 pertaining to company formation as well as operation for new and existing entities in the freezone.

    The outline of the new rules and regulations are as follows:

    • Articles of Association (AoA): The Section 3 of the new regulations laying down company registration, branch establishment and licensing procedure provide flexibility to the entities to adopt template Articles prescribed by the DMCC Authority or customize the clauses within the ambit of the template of the Articles of DMCC. The company also has freedom to adopt their unique Articles but for this they have to present a memo to the Registrar citing the reason of the same and a legal opinion that states that such Article shall be in compliance with the standard articles. In case Registrar does not accept it then the company shall be given 20 days to amend them.
    • Shares: The Section 6 of the new rules pertaining to share capital, shareholder, and share capital reduction, lays down that the share capital shall be denominated in UAE Dirhams and be sufficient for pursuing the activities that entity is licensed for. Also, Registrar is empowered to specify the minimum share capital for the entities as per the sector/industry.

    Moreover, the entities at DMCC are permitted to issue different classes of shares stipulated in the AoA and also acquire treasury shares.

    • Corporate Personnel: The new provisions mentions under the new rules that Registrar shall at all times Register of entities at DMCC with details such as names and addresses of Directors, Secretary and Manager. Moreover, the rules elaborate the details of the role that need to be performed by them.
    • Dividends: Section 8 of the rules discusses about the provisions regarding dividends and distributions and in-depth deals with distributable and undistributable dividends and restrictions on distribution. Further, it also mentions the consequences of an unlawful distribution such as shareholder liable to repay it back to the company.
    • Dormancy: The new provision related to dormant company has been introduced in the new DMCC Rules under Section 23 which enable the voluntary suspension of a commercial licence for period upto 12 months following an ordinary resolution and acceptance of the Registrar.
    • Winding-up: The new regulations from Section 14 to 21 deal with detailed provisions related to  winding-up either on voluntary basis or during insolvency.
    • Penalties: Section 22 deals with issue of penalties and explicitly mention that punishing the contravention shall be at absolute discretion of DMCCA. The penalties enlisted in the new rules are strike-off, terminating licence and fines.

    The formulation of new rules by DMCC has increased its attraction as DMCC is Rated "A" at Standard & Poor's (S&P) Ratings Services. Also, DMCC is Dubai's 1st entity and the second in entire UAE to receive a perfect rating from leading independent credit rating agency.

     

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    Wed, 22 Jan 2020 06:32:00 GMT
    <![CDATA[Civil Court Judgments of UAE Enforceable in India]]> New Indian Reciprocal Agreement for Civil Judgments Passed by UAE Courts 

    Indian Ministry of Law and Justice (Department of Legal Affairs) vide Extraordinary Gazette on 17 January 2020 has declared the United Arab Emirates to be a reciprocating territory. Section 44A (1) of the Indian Code of Civil Procedure 1908 (the CPC) provides for execution of decrees passed by courts in reciprocating territory. In terms of the said section, where a duly certified (and legalized) copy of decree of any of the superior courts of any reciprocating territory has been filed in a district court (within India), such decree is executable within India as if the decree were passed by the district court.    Section 44 A (2) further requires a certificate from the court (in reciprocating territory) setting out the extent, if any, to which such decree has been satisfied or adjusted.    Section 13 of the CPC clarifies instances when foreign judgment(s) are not conclusive. Accordingly, if any such judgment has not been issued by a court fo competent jurisdiction or where the judgment has not been passed on merits of the claim; or where the judgment is founded on an incorrect view of international law or a refusal to recognize Indian laws, such judgments may be rendered as inconclusive by Indian courts. Section 13 also bars foreign judgments that are opposed to principles of natural justice, obtained by fraud or founded on a breach of any law in force in India. Accordingly, if the conditions set out under Section 13 are not met with, the judgment shall be inconclusive in eyes of law and shall not be legally binding or executable.     Section 47 of the CPC provides for quetions to be determined by [local Indian] court in executing decrees and this section is read with Order XXI, Rule 22 of the CPC in relation to executing foreign judgment(s) under section 44 of the CPC.    The above Gazette notification declares the UAE Federal Courts, namely, the Federal Supreme Court; and the Federal Instance and Appeals Courts in the Emirate of Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah to be superior courts. Additionally, the Local Courts including the Abu Dhabi Judicial Department, the Dubai Courts, Ras al Khaimah Judicial Department, Courts of Abu Dhabi Global Markets, and the Courts of Dubai International Financial Center have been identified.    ]]>
    Tue, 21 Jan 2020 03:26:00 GMT
    <![CDATA[The CCI-Directs Investigation into Indian E-Commerce Platforms]]> The CCI-Directs Investigation into Indian E-Commerce Platforms

    The Competition Commission of India (CCI) has directed the Director General (DG) to conduct investigation into operation of e-commerce portal such as Amazon and Flipkart, in order to determine if they contravene Section 3(1) and Section 3(4) of the Competition Act, 2002 (CA,2002). Infact, under the Section 3(4) of the CA, 2002, CCI can gauge vertical agreements in light of rule of reason to assess whether  exclusive arrangement, preferential listing by the e-commerce platforms and deep discount are exclusionary in the sense new participants cannot enter market or retard the competition in anyway.

    The Order of January ,2020 of CCI in matter of Delhi Vyapar Mahasangh v. Flipkart Internet Private Limited & subsidiaries & Amazon Seller Services Private Limited & subsidiaries noted need for further investigation that would the business strategy of the e-commerce platforms can be termed as an attempt to hinder/retard the competition thereby having appreciable adverse effect on the competition or not under the parameter of CA,2002.

    The CCI noted in its aforementioned order that as both the online platform are the main channel for the mobile phone distributors and any exclusive arrangement with the phone brands of these e-commerce platform shall warrant a further investigation. Also, it may be noteworthy that though there may be two e-commerce platforms in webspace and they may be competitors as they work in the similar manner of having exclusive tie-ups but still it prima facie would not suffice to conclude that existence of such platforms would depreciate the potential appreciable adverse effect on the competition.

     

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    Thu, 16 Jan 2020 12:00:00 GMT
    <![CDATA[The Insolvency and Bankruptcy Amendment Ordinance 2019, Promulgated]]> The Insolvency and Bankruptcy Amendment Ordinance 2019, Promulgated

    The new law viz. the Insolvency and Bankruptcy Code Ordinance (IBC 2019) has been amended recently and brought into effect from 2020 to protect the Corporate Debtor and its assets from liabilities for offences committed prior to the commencement of Corporate Insolvency Resolution Process (CIRP), the President of India has on 28th of December 2019 promulgated an Ordinance – Insolvency and Bankruptcy (Amendment) Ordinance, 2019.

    The Ordinance also provides for many other amendments in the Insolvency and Bankruptcy Code (IBC), as earlier proposed in the Insolvency and Bankruptcy (Second Amendment) Bill, 2019 . It was necessitated because the Bill which was introduced in the Parliament on 12th of December could not be taken up for consideration before the end of the Parliament's winter session.

    As per new Section 32A inserted in IBC, the liability of a corporate debtor for an offence committed under any law prior to the commencement of CIRP shall cease and the corporate debtor will not be prosecuted for such an offence from the date the resolution plan is approved by the adjudicating authority.

    There are, however, conditions attached to this benevolent provision. This benefit is available only if the resolution plan results in the change in the management or control of the corporate debtor to a person who was not, a promotor, or in the management or control of the corporate debtor or a related party of such person, or a person who abetted or conspired for the commission of the offence according to the relevant investigating authority, and where the investigating authority has submitted a report or filed a complaint to the relevant statutory authority or Court.

    The provision also provides that if prosecution has been initiated during CIRP, Corporate Debtor shall stand discharged from the date of approval of the resolution plan.It may be however be noted that no immunity will be provided to certain officers of the corporate debtor even if the corporate debtor's liability ceases according to the new provisions.

    Further, as per provisions of Section 32A(2) of the IBC, no action including attachment, seizure, retention or confiscation of property of the corporate debtor can be taken in relation to an offence committed prior to the commencement of CIRP, in case such property is covered by the resolution plan approved by NCLT.

    Further, conditions relating to change in control or management, as present for the liabilities against the corporate debtor, are also relevant for the action against property of the corporate debtor. It may however be noted that action against the properties of any person other than the corporate debtor or the person who acquired such properties through CIRP or liquidation process, is not barred, and action may be taken under the relevant law.

     

     

     

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    Wed, 15 Jan 2020 12:00:00 GMT
    <![CDATA[The UAE Economic Substance Regulations: Latest Version]]> The UAE Economic Substance Regulations: Latest Version

    The prime aim of the Economic Substance Regulations (New Regulations) is to provide transparency, uniformity and certainty in the tax regime so as to mitigate BEPS i.e. base erosion and profit shifting in an initiative to remove United Arab Emirates (UAE) from the list of non-cooperative tax jurisdiction/countries of Organization for Economic Co-operation and Development (OECD) and European Union (EU).

    The New Regulations shall be applicable on all those companies that conduct economic activities within the UAE. Entities which either holding an existing trade license as on April 30, 2019 or would receive trade license after April 30, 2019 shall comply with New Regulations 2019.

    The New Regulations shall be applicable to every United Arab Emirates onshore and free zone companies indulged in economic activities such as:

  • banking;
  • investment fund management;
  • lease-finance;
  • holding companies;
  • insurance;
  • headquarters;
  • shipping;
  • intellectual property related businesses; and
  • distribution and service centers.
  • Entities carrying out any of the ES Activities, which are directly or indirectly, owned by any government authority or body, are beyond the scope of the New Regulations.
  • The New Regulations mandates below:

  • generate income in the UAE;
  • meeting of Board of Directors and pass resolutions with quorum;
  • adequate full-time employees to be in the UAE;
  • incur adequate expenditure on company operations in the UAE;
  • own adequate physical assets in the UAE;
  • Companies to provide information in the disclosure information to the Regulatory Authority.
  • The companies which fail to adhere to the New Regulations shall be subject to AED 50,000 while the first year of operations and AED 300,000 for subsequent years of default.

    As a serious initiative in light of the above, His Highness Sheikh Mohammed Bin Rashid Al Maktoum Prime Minister of the UAE issued Resolution of the Cabinet of Ministers No. 31, 2019 related to the Economic Substance Regulations.

     

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    Tue, 14 Jan 2020 12:00:00 GMT
    <![CDATA[The New ADGM Employment Regulations 2019]]> The New ADGM Employment Regulations 2019

    The new ADGM Employment Regulations 2019 (Regulations 2019) have come into force on 1 January 2020. The new rules are launched after public consultation and superseded the old ADGM Employment Regulations, 2015. The provisions laid down in the new rules are as follows:

    1. Overtime

    The Regulations 2019 has introduced statutory overtime for the eligible employees. The working hours shall not exceed 48 hours for seven days of the week as well as an employee cannot opt out of it by submitting a written consent. The employees shall be entitled to overtime work if done over four months in excess of 832 hours. The employer needs to maintain time records for the employees who are working overtime.

    2. Sick pay

    The Regulations 2019 provides for the 60 business days of sick leave which shall compose of the following constituents

  • 10 business days on full pay;
  • 20 business days on half-pay; and
  • 30 business days on no pay.
  • 3. Minimum Notice Period

    The Regulations 2019 explicitly sets out that termination or resignation notice shall be in writing and there is elimination of 90 days or three months' notice period if the employee has been in a continuous employment of five years or more with the same employer.

    4. Fines and Potential Compensation

    The Regulations 2019 provide that for non-compliance of the new rules, the fines and compensation shall be pursued as per Employment Regulations 2019 (Compensation Awards and Limits) Rules 2019.

    The recent changes in the employment regulations in 2019 at ADGM are result of serious public consultation and deliberations and are also in line with Federal Law No. 8 of 1980 which is the Federal Labour Law. Also, brings more ADGM Rules regarding employment I tandem with the DIFC Law No. 2 of 2019 which is popularly known as DIFC Employment Law which came into effect in 2019.

     

     

     

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    Mon, 13 Jan 2020 12:00:00 GMT
    <![CDATA[Bahrain’s New Law Amendment to Punish Acts of Terrorism]]> Bahrain's New Law Amendment to Punish Acts of Terrorism

    The King of Bahrain His Excellency King Hamad Bin Eisa Al Khalifa gave his approval to new amendments in Law No. 58 Of 2006 With Respect to Protection Of The Community Against Terrorist Acts of Bahrain. The new amendments are to deter and provide teeth to the enforcement machinery against the suspects. The new law is also an effort on part of the GCC nation to protect any other Gulf Nation against the scourge of terrorism.

    The new law lays down the provision to make any act which is purported to propogate, glorify, favour, justify or abet/encourage any act which constitute terrorist activities under the definition of the terrorist activities under the Penal Code 2006. The new law also mentions about the punishment physical and monetary both to discourage such heinous acts such as the violators or propagators or abettors of such terrorist activities in Kingdom Bahrain whether inside the country or a fugitive or operate from outside shall face imprisonment upto five years with/or fines in Bahraini Dinars (BHD) ranging from Bahraini Dinar 2000 to 5000.

    The amendment to a 2006 Law on Protection Of The Community Against Terrorist Acts of Bahrain,  came in force on the following day of its publication in Bahrain's Official Gazette in 2019.The amendment were introduced because the Bahraini authorities unearthed network of gang that had been destabilizing electronic accounts in Bahrain and operated from several other countries such as Germany, Qatar, Iran and Iraq.

    But the flip side of this amendment is that the Bahraini Authorities are silencing the civil society and the residents who are genuinely protesting on any issue in the Kingdom related to their rights. Hence, the probability of misuse of the terrorist law on such genuine demonstration is gross violation of human rights.

     

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    Sun, 12 Jan 2020 12:00:00 GMT
    <![CDATA[Indian Citizenship Amendment Act 2019: The Controversial Amendment]]>  

    The Indian Citizenship (Amendment) Act, 2019 came into force on 10th January 2020 and was passed by the Parliament. This law amended Citizenship Act of 1955 to provide Indian citizenship for Hindu and other religious minorities such as Buddhist, Sikh, Parsi, Jain, and Christian who fled persecution from Pakistan, Bangladesh and Afghanistan before December 2014.

    The amendment declared that the cut-off date for Indian Citizenship as 31st December 2014. The Citizenship (Amendment) Act, 2019 lays down that:

    a. persons shall be deemed to be Indian Citizens from the date of their entry into India that may be on or before 31st December 2014;

    b. any legal proceeding against illegal immigration shall be closed pertaining to illegal immigration.

    c. the benefit of Indian Citizenship shall be only to illegal migrants of tribal areas of Assam, Meghalaya, Mizoram, and Tripura.

    d. provided these illegal migrants of must have stayed atleast 6 years in India prior to being lodging application for naturalization.

    The amendment is criticized for using "religion" as sole criterion for classification which is against Article 14 of the Indian Constitution that provides for Right to Equality. There has been protests and demonstrations against the law. Also, the Office of United Nations High Commissioner for Human Rights (UNHRC) termed it as fundamentally discriminatory and against spirit of the Indian Constitution. Also, the asylum seekers from Sri Lanka and Myanmar have been left out.

     

     

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    Wed, 08 Jan 2020 12:00:00 GMT
    <![CDATA[Amendments to Criminal Proceure Law In UAE]]> Amendments To Criminal Proceure Law In UAE

    The UAE Government introduced new amendments to UAE Criminal Procedure Law i.e. Federal Law No. 35/1992 through Federal Decree Law No. 17 of 2018. The amendments were introduced for more than fifty articles; few of the significant ones are dealt below:

  • Relating to penal order
  • Under the Article 332 of Criminal Procedure Law after amendment defines the penal order "a judicial order issued by Public Prosecution that decides criminal case on the basis of merits either dismissing it or referring it  to the competent Court for misdemeanors and violation." Article 344 of Criminal Procedure Law lays down that Attorney General shall have power to amend or cancel it within 30 days the issuance of the penal or amend it as of the date of waiving the objection filed by the accused party. The Attorney General would issue the required instructions to execute the provisions regulating the penal order.

  • Placement under electronic probation
  • This step is taken by the authorities against a party that instead of imprisonment there is a confinement to a specific place such as home/residence. The electronic probation under Article 355 of the Criminal Procedure Law is defined as deprivation of liberty of the accused/ convicted to leave his residence or other location. Article 361 of same law provides that the Public Prosecution may issue an order for the same.

  • Penal reconciliation
  • The Article 346 has been added by amendments providing an option for the Public Prosecution/Criminal Court to execute the Penal Reconciliation as an agreement between the accused and the victim. 4

    Article 347 also refers to specific crimes in which Penal Reconciliation is permitted

  • physical assault
  • fraud
  • issuing a bounced cheque
  • breach of trust
  • threat and blackmail
  • defamation
  • recording conversations without approval
  • taking pictures of someone without approval
  • trespassing
  • The Article 347 mentions that Penal Reconciliation may occur at any stage of the criminal case despite the judgement is delivered.

    The amendments are an attempt to introduce a speedy provision of justice in criminal cases where any delay is construed as justice denied.

     

     

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    Sun, 05 Jan 2020 12:00:00 GMT
    <![CDATA[Oman’s New Bankruptcy Regime]]> Oman's New Bankruptcy Regime

    The new bankruptcy law of oman shall come into effect on july 1st 2020, which was until now dealt by the commercial law and commercial companies law. The key three provisions dealt by this new law are related to bankruptcy, restructuring and preventive procedure.

  • Restructuring
  • Restructuring involves settling of the debtor's debts through restructuring plan. This is supervised through a restructuring committee that has experts that are empaneled by the competent department of the ministry of commerce & industry.

  • preventive composition
  • The trade debtor may apply for in situations when there is a disruption in the debtor's financial situation, which is likely to lead into an interruption of the payment of the debtor's debts. This method can be sought with the aim to achieve a settlement with creditors to avoid bankruptcy.

  • bankruptcy
  • A trader could stop paying his debts and present his petition on bankruptcy in case due to losses in his business he is not able to pay his debts timely. Such bankruptcy petition needs to be submitted within 15 days from date of payment stoppage and also include reasons for the same with documents to prove the point inclusive of statement of property and expenses.

    The new regime aims at providing transparency to local and foreign investor in case of their debts not being realized or they not able to pay their debts timely. This regime shall also provide for rehabilitation of sick companies and other small and medium enterprises with respect bad debts and avenue for banks to reduce their non-performing assets.

     

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    Sun, 29 Dec 2019 12:00:00 GMT
    <![CDATA[Oman Restriction On Employment Of Expatriate Labour]]> Oman: Restriction On Employment Of Expatriate Labour

    There has been huge presence of expatriate or foreign workers in Oman, more so in the private sector due to which the Omanis feel marginalized in their own nation. The Ministerial Decision No. 38/2018 though the Minister of Manpower imposed a 6 month ban on recruiting expat workers in 87 positions on January 2018. This was in line with policy of Omanization and provide more opportunities to Omani citizens.

    The Labour Law Article 18 states employer is not allowed to hire non-Omani workers unless the employee obtains permit from the Ministry of Manpower and the employer must comply with:

  • evidence no Omani is available for the position;
  • employer has complied with the target quota of Omanization; and
  • expatriate has technical skill or qualification that is required in the Oman Labour market;
  • the expatriate is medically fit and free from contagious or chronic diseases as outlined by the Ministry of Health;
  • the expatriate has entered into a contract with employer
  • An employer that does not comply with the Omanization percentage in Article 11 shall be liable for a fine minimum OMR 250 and maximum OMR 500 for each Omani employee that could have been hired. The employers have six month deadline to rectify the situation and comply with the Omanization quota.

    Employers have a six-month period to rectify the situation and comply with the Omanisation percentage. If an employer does not do so and re-offends under the article, the penalty as stipulated above will be doubled.

    The Ministerial Decision No. 487/2018 restricted foreign worker jobs in within domain of sales, marketing and purchasing. Then, Ministerial Decision No. 488/2018 from 2 December 2018 prohibits  hiring of expat workers in construction and cleaning jobs. Finally, Ministerial Decision No. 489/2018 deals with restriction on hiring the jobs in blacksmith, carpentry, aluminium, and brick kiln work commencing from 2 January 2019.

    The Omanization drive has become urgent agenda of the Oman Government because in 2017 the unemployment among the Omani youth reached upto 48%. Though the law is beneficial for bringing employment to the Omanis but foreign workers who have been skilled labours faced the fire as they were terminated despite being on labour contracts since many years.

     

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    Sat, 28 Dec 2019 12:00:00 GMT
    <![CDATA[Building Amendment (Cladding Rectification) Bill 2019 Passed by the Victorian Parliament, Australia]]> Building Amendment (Cladding Rectification) Bill 2019 Passed by the Victorian Parliament, Australia

    The Building Amendment (Cladding Rectification) Act 2019 was passed on November 12, 2019 and received the Royal Assent. The new enacts the State Government's consumer focused 'rescue package' in relation to the funding of 'cladding rectification work' associated with 'non-compliant or non-conforming external wall cladding products'.

    The new amendments shall provide Government with power to bring under scanner the dodgy building practitioners on behalf of property owners whose apartments are covered under the combustible cladding. This is done by adding powers to the respective authority as well as through other provisions:

  • confer duty on the Victorian Building Authority with regards to cladding rectification work;
  • financial assistance for building work under the cladding rectification work;
  • provides subrogation of the Crown to the rights and remedies of an owner or the payee who received financial assistance;
  • establish a new category under the Victorian Building Authority Fund; and
  • fund the rectification cladding works by imposing an additional levy on building permits in certain circumstances.  The levy will not apply to buildings in regional Victoria.
  • The new amendments change the substantive provisions which are in Building Act 1993; the new provision is of subrogation under Section 137F and secondly provision of Repayment of Financial Assistance under 137G.  The key aspects of these provisions are:

  • the Crown's rights of step in or of subrogation to the owner or the payee.  This implies that the Crown (shall 'stand in the shoes' of the owner who received funding for rectification) may bring recovery proceedings against the builder and other industry participants to recoup amounts paid. 
  • the subrogation rights can be exercised in the Crown's name or in payee's or owner's names.  Further, if the Crown's rights are exercised in the name of the payee/owner, the Crown indemnifies the payee/owner against any adverse costs order in the recovery proceedings
  • the ability to pursue the officers of a company and the company personally which as per the new amendments would be jointly and severally liable.
  • The amendment shall go a long way in protecting the people from mishappenings of building fires such as Lacrosse Building of Melbourne in 2014, the Marina Torch Tower of Dubai in 2015 and the Greenfell Tower of London in 2017. Henceforth this new law in Victoria to address and avoid any future mishap.  

     

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    Thu, 26 Dec 2019 05:39:00 GMT
    <![CDATA[Thailand’s new Amendments to Drugs Act Becomes Effective]]> Thailand's New Amendments To Drugs Act Becomes Effective

    The Drug Act for Enhancing Efficiency of Drug Approval Process and Protection for Consumers, the amendment to the Drug Act (No. 6) 2019 was officially published in the notification in the Government Gazette on April 16th 2019 and would come into force with effect from October 13th 2019.

    The amendment to Drug Act allow experts with essential qualifications to enroll with the Food and Drug Administration Thailand viz. FDA to evaluate documents, analyze the product as well as audit business premises for FDA. Executive regulations on the criterion and conditions for enrollment of experts would be subsequently announced under the Drug Act.

    The Drug Act maintains the requirement for an applicant for drug registration to forward the documents with information regarding relevant patents/petty patent and the validity period of a drug license. For traditional drugs the documents must represent the registration of right related to Thai traditional medicine as per Protection and Promotion of Traditional Thai Medicine Knowledge Act, 1999. Drug registered licenses that were issued before the Drug Act came into effect shall remain valid for five to nine years. However, the validity period of drug registration licenses granted after implementation of the Drug Act has been extended to seven years from the date of issue as laid down in the bill.

    The Minster of Public Health has been given the power to set and change conditions, regulations, procedure with respect to drug research by publishing in the Government Gazette. Also, the penalty for violation of an order of the Secretary-General FDA is subject to a fine of up to THB 100,000.

    These amendments are an attempt to make the drug industry robust and competitive besides balancing the public welfare aspect.

     

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    Wed, 25 Dec 2019 06:09:00 GMT
    <![CDATA[New Jersey Law Against Discrimination (NJLAD) Amended by the Senate of New Jersey (USA)]]> New Jersey Law Against Discrimination (NJLAD) Amended by the Senate of New Jersey (USA)

    The New Jersey Law Against Discrimination (NJLAD) prohibits the discrimination against employees by the employers in any job- interviewing, discharge, promotions, recruitment, hiring and compensation and other terms and conditions on the basis of legally specified protected categories.

    The S121 is the new bill which amends the NJLAD in two significant ways and is applicable to all agreements entered or renewed or modified on or after 18th March,2019:

  • confidentiality or non-disclosure agreements (NDA) in employment contracts/settlement agreements would be unenforceable.
  • arbitration clauses and jury waivers in employment contracts relating to claims of discrimination, retaliation, and harassment are prohibited.
  • It is noteworthy that the new amendment does not have any retroactive effect and hence agreement before the specified date are not affected by it.

    It is to be noted that though the new amendment deems these confidentiality provisions unenforceable yet it permits employees and employers to enter into agreements containing such provisions if the parties agree to do so. In cases where the parties expressly agree to include a confidentiality/non-disclosure provision the agreement shall include a bold letter notice "though parties agreed to facts confidential, such provision is unenforceable against employer if the employee publicly reveals details of the claim so that the employer is reasonably identifiable." Therefore, employers and employees may opt for non-disclosure provisions in agreements pertaining to discrimination, retaliation and harassment claims, nonetheless the employees are permitted to disregard these provisions. Also, any employment contract which requires an employee to waive their right to a jury trial or arbitrate a claim is now void as a matter of law.

    This amendment to NJLAD has been in line with the action taken by various state legislatures in USA when #MeToo movement got momentum. These changes are made to be more responsive to the changing legal landscape worldwide.

     

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    Tue, 24 Dec 2019 12:00:00 GMT
    <![CDATA[Commercial Companies Law In Bahrain Amended To Be In Line Of International Market]]> Commercial Companies Law In Bahrain Amended To Be In Line Of International Market

    Kingdom of Bahrain through recent amendments via Legislative Decree No. 1 of 2018 amended law on Commercial Companies Law ("CCL"), and its most recent amendments in Legislative Decree No. 1 of 2018.

  • Flexibility Provided for Investors
  • The amendment amends Article 18 permitting a shareholder in any one company to be a shareholder of another competing company but subject to Corporate Governance Code as well as the company constitutional documents.

  • Joint Stock Companies
  • CCL under its Articles 172 and 240 require Board of Directors of Joint Stock Companies (public or a closed company) to have compulsorily independent and non-executive directors.

  • Issue of Personal Interest
  • The board of directors (BOD) shall be informed of any direct/indirect personal interest of a board member in any matter. The new amendments cast this duty on the Chairman to have a thorough description of such interests.

  • Audit Committee
  • Under the new Article 184, a Joint Stock company is required to form an audit committee through a decision of the Board of Directors. The audit committee will have the authority to revise all financial and accounting documents related to the company and ensure compliance with all internal and external policies.

  • Wider Interpretations
    • Holding Companies: The definition of holding company is defined as company that acquires stock/shares in Bahraini or foreign companies.
    • Name of General Partnership: Article 27 is amended so now the name of a General Partnership can be any name which Ministry of Trade Affairs may accept.

    In conclusion, greater restrictions are included in the CCL in an effort to decrease the level of violations within a company also simultaneously increase protection of interest of the company and its stakeholders.

     

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    Mon, 23 Dec 2019 12:00:00 GMT
    <![CDATA[The Amendments to Philippines Foreign Investment Law 2019]]> The Amendments to Philippines Foreign Investment Law 2019

    The legislators of Philippine passed the House Bill 300 that would amend two provisions of the Foreign Investment Act of 1991.The aim of the bill is attracting foreign investment that has been declining since last year.

    The two targets of the amendments are:

  • the removal of the phrase of "practice of professions" from negative list of foreign investment
  • reduction in the compulsory local hiring by foreign investors.
  • The Bill 300 was introduced because as per the Central Bank of Philippines net FDI in the country decreased from US $ 5 billion in 2018 to US $ 3.1 billion in 2019. The businessmen and economist argue that due to strict laws on foreign ownership and employment restriction there has been declined in the foreign direct investment.

    The exclusion of 'practice of professions' from the amendment removes the restriction and provides for attraction more skilled foreign professionals to broaden the skills and knowledge of Flipinos and thereby increasing the competitiveness of industry on domestic and international labour markets. Secondly, the reduction in requirement of local employees would promote the foreign investor to hire best talent for the sector roles.

    Thirdly, the new amendment provides that the foreign investor could setup 100% wholly owned small and medium enterprises and to be eligible foreign investor foreign investor should utilize advanced technology as recognized by Department of Science and Technology or hire 15 local employees

    The government introduced in September 2019 the Corporate Income Tax and Incentives Rationalization Act (CITIRA) that reduce corporate income tax as well as rationalize specific tax incentives. These are mainly to give fillip to foreign investment in the country.

    Philippines has increasing competition from its ASEAN peers- Malaysia, Vietnam, Thailand, Malaysia and Indonesia in attracting FDI.

     

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    Sun, 22 Dec 2019 12:00:00 GMT
    <![CDATA[The Uk Mental Capacity Amendment Act 2019 Receives Royal Assent]]> The Uk Mental Capacity Amendment Act 2019 Receives Royal Assent

    The law amends the Mental Capacity Act 2005, that lays down the provisions for instances when a person lacks capacity to make decisions for themselves. The amendment introduces the concept of Liberty Protection Safeguards (hereinafter LPS) to protect the persons who don't have mental capacity and may be deprived of the liberty during the care.

    The amendment was necessitated because the current Deprivation of Liberty Safeguards (DoLS) become cumbersome due to procedure and has not been able to protect the individuals. DoLS was legal framework designed to against arbitrary detention of people in hospitals or care homes who don't have mental capacity to make their own decisions about their care. While the new amendments were discussed the House of Lords in UK commented on it as "poorly drafted, complex and bearing no relation to ethos of Mental Capacity Act 2005". The new model of LPS shall apply on individuals who are age 16 and above

    The primary aims of the new amendment is to protect the rights of the vulnerable adults who lack mental capacity and have their liberty deprived, besides other objectives such as:

  • Simpler process that involves families and quicker assessments
  • Less cumbersome for people, families and care-givers
  • Eliminate repeated authorizations when someone moves between care home, family and hospital
  • Also, noteworthy is that welfare organizations who work for welfare of the mentally incapacitated shall facilitate such identification an cases of LPS, to make the process more humane as per the international best practices suggested by World Health Organization (WHO).

     

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    Sat, 21 Dec 2019 12:00:00 GMT
    <![CDATA[Cayman Islands’ Suite of Commercial Laws Amended]]> Cayman Islands' Suite of Commercial Laws Amended

    The Cayman Island government under international opinion and pressure that much of money laundering and base erosion of tax revenue through profit shifting occurs due to lax fiscal laws and regulatory oversight. Therefore, the amendment passed in September 2019 aims to strengthen Cayman Islands anti-money laundering (AML) and counter-financing of terrorism regime.

    The suite of laws which are amended in the island nation are Companies (Amendment) Law, the Limited Liability Companies (LLC) Law, 2019 as well as the Limited Liability Partnerships Law (LLP) Law, 2019; thereby bringing changes in filing, corporate information and maintenance with regards to such Cayman entities.

    The snapshot or the summary of these significant amendments are as follows:

  • The Registrar of Companies (RoC) shall provide information to regulatory bodies such as Cayman Islands Monetary Authority, Anti-Corruption Commission, Financial Crimes Unit of the Royal Cayman Islands Police Service, Financial Reporting Authority, Tax Information Authority and any other upon request.
  • Voting rights of each shareholder shall be recorded in the register of members of a company.
  • Directors of existing Cayman companies will need to review each class of their shares to update registers of members as appropriate.
  • The filing period for incorporating changes in the register of directors been reduced from 60 days to 30 days. The breach of this shall invite penalty CI$500/US$610.
  • The penalties for failure to establish beneficial ownership register has been hiked to CI$25,000/US$31,000 for a first offence, for a second offence CI$100,000/US$122,000 and strike off by direction of the court for a third offence.
  • The amendments are aimed to address certain recommendations in identified by the Caribbean Financial Action Task Force (CATF) in its 2019 Report.

     

     

     

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    Thu, 19 Dec 2019 12:00:00 GMT
    <![CDATA[The Ordinance On Anti-Graft Law: Pakistan]]> The Ordinance On Anti-Graft Law: Pakistan

    National Accountability Bureau (Amendment) Ordinance 2019 signed recently by the President of Pakistan is a controversial piece of legislation promulgated under the advice of the Federal Government. The primary objective of the Ordinance is to retrieve ill-earned wealth in a short while. The first provision amended relates to the pecuniary jurisdiction of National Accountability Bureau (NAB). As per the amended section 5 (n), the NAB would not seek into a case where the amount is less than Rs. 50 crores. The second amendment is section 9 (a) (v) of the NAB ordinance is about the burden of proof. To prove that the offence is of 'assets beyond means', then the prosecution have to prove that the assets held by the accused are the proceeds of corrupt, dishonest or illegal enterprise. The bill brings changes in section 18 and 24 of the NAB Ordinance, that diminishes the power of the Chairman NAB to arrest the accused and casts this duty on the Accountability Court.

    Also, anyone who is under accusation of corruption matching or exceeding Rs. 50 crore shall be imprisoned solely as 'C-Class' prisons. This ordinance is castigated because targets those opposition politicians in NAB custody. Also, NAB has abused the powers in past and to remove the powers from the Chairman during inquiry or investigation would make NAB ineffective body. Also, the option of voluntary return of the proceeds from corruption without penalty makes the entire law and justice machinery as market place for bargaining.

    But despite the grey areas, the ordinance is in line to wash the corruptive image of the national political and government authorities. Also, will be in line with the steps to take out Pakistan from the Grey List of Financial Action Task Forc.

     

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    Tue, 17 Dec 2019 12:00:00 GMT
    <![CDATA[Amendment To Bangladesh Labour Law]]> Amendment To Bangladesh Labour Law

    The Bangladesh Labour Act 2006 (Labour Law) has been amended in 2019 January and official notified in the gazette recently. The most remarkable change it has ushered is that of the guarantee financial benefits to new expecting mothers' post-partum. As the law before amendment was that if a woman did not gave notice prior the childbirth but still if she gives after the delivery, she could avail the privilege of maternity leave for eight weeks. But the catch in this provision was whether that maternity leave shall be paid or not the law was silent on this point. The amended Labour Law provides clarification that the post-partum maternity leave for the woman shall be a paid one besides other employee benefits.

    Besides the Labour Law providing for paid maternity leave, the new amendment has also provided for workers families to be benefited by the payment when a worker die. With the new amendment in force upon the death or due to worker' nominee not being known the compensation shall be given directly to the nominee or their legal heir of the deceased worker.

    The third new provision is that of easier and less fees for workers to register trade unions, thereby upholding the collective bargaining rights of the labour. Now, 20% of workers of the establishment needs to be the members of the trade union to be a recognized and legitimate trade union of the industry.

    In conclusion, it can be said that these amendments have bolstered labour welfare and human rights in the industry of Bangladesh. This would subsequently decrease the unrest among the labour and encourage more productivity. The Labour Law is also in line with the international best practices as suggested by the International Labour Organization.

     

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    Mon, 16 Dec 2019 12:00:00 GMT
    <![CDATA[Muslim Women (Protection of Rights on Marriage) Bill, 2019 Scraps Triple Talaq: India]]> Muslim Women (Protection of Rights on Marriage) Bill, 2019 Scraps Triple Talaq: India

    The issue of triple talaq has been contentious for a secular country like India where every religion has its own personal set of laws. But the controversy over the topic is due to communal tones it has attached to it and that the repeal is initiated by the government which has communal history but has a majority ruling in the present Parliament of India.

    The Bill provides for declaration of triple talaq either written or in electronic form to be as well as illegal. The talaq dealt by this legislative initiative is basically talaq-e-biddat in which word "talaq" is uttered thrice by a Muslim man that would result in irrevocable and instantaneous divorce. The law makes it a cognizable offence that is duly punishable with three years of imprisonment and fine. The law also provides an opportunity to compound the offence on request of woman who is subjected to triple talaq in front of the Magistrate.

    The Bill also lay down the provisions regarding the allowance for maintenance of the wife and custody of the children. Therefore, Muslim woman against whom talaq has been declared can seek subsistence allowance for herself and her dependent children before the Magistrate. The Magistrate shall determine such amount for the best interest of the parties. The divorced Muslim woman also has been granted right to seek custody of her minor children and the Magistrate shall decide upon the modus operandi of the same.

    This law has been controversial in the legal history of India as on one hand it was branded as an attempt by the communal government to tinker with personal belief of religious minority community and on other hand women rights group asking for abolishing of tripe talaq. It is also noteworthy that Article 44 under Part Four of Indian Constitution casts duty upon the State (the government) to take steps for furthering Uniform Civil Code (UCC) so to forge unity among different religious communities in India. Thereby, upholding the ideal of "fraternity" as mentioned in the Preamble of the Indian Constitution.

     

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    Sun, 15 Dec 2019 05:13:00 GMT
    <![CDATA[The Contract Amendment Bill 2019 Passed in Kenya]]> The Contract Amendment Bill 2019 Passed in Kenya

    The Kenyan Parliament passed Law of Contract (Amendment) Act, 2019 September 18th, 2019 and awaiting Presidential assent. The Amendment provides that the creditors need to realize the principal debtor's assets before filing a suit against a surety including that of guarantor. Further, the amendment shall not be applicable retrospectively.

    The amendment passed by the Parliament of Kenya may affect the enforceability of:

  • security agreements of third parties;
  • financial instruments and guarantees issued by banks eg. letters of credit; and
  • legal instruments that are packaged eg. put options.
  • As per the practice of English Courts, the Courts of Kenya shall interpret transactions on basis of substance rather than their form.

    This amendment however presents problem in its structure and enforcement:

  • It limits freedom of contract of parties to agree on the proposition that a surety performs the obligation of principal debtor.
  • It is a major departure from the international conventional norms and may have repurcussions on the Kenyan financial market.
  • Creditors usually rely on guarantors before lending to the debtors who otherwise are credit risks for the company.
  • The guarantees which are governed by the foreign law would also be affected.
  • Therefore, it is a wait and watch observation that needs to be adopted once the amendment comes into force.

     

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    Sat, 14 Dec 2019 03:41:00 GMT
    <![CDATA[Nigeria's Deep OffShore and Inland Basin Production Sharing Contract (Amendment) Act 2019]]> Nigeria's Deep OffShore and Inland Basin Production Sharing Contract

     (Amendment) Act 2019

     

    To amend the terms of the on-going Production Sharing Contracts (PSC) that is a revenue-based model. The amendment introduces a new provision Sections 5 and 16 in Deep Offshore and Inland Basin Production Sharing Contract Act, Laws of the Federation of Nigeria, 2004. The old regime provided for royalties from Deep Offshore Production Sharing Contracts which were based as per sliding scale of water depth and the maximum was pegged at 12% in those areas with 201 to 500 meters water depth and 0% in those areas which were in excess of 1000 meters of water depth. The PSC Amendment Law changed this by mentioning combination of (i) flat royalty rate for deep offshore and inland basins (ii) change in price of gas, crude and condensate.

    The new PSC Amendment Act provides for just flat rate of 10% on all Deep Offshore PSCs chargeable on basis of the volume of crude oil and condensates. Furthermore, the royalty rate of 7.5% on the volume of crude oil and condensates is applicable to Inland Basins.

    PSC Amendment Act lays down stringent penal provisions for violation of the new law. IT further lays down that any person who does not comply to obligations under the PSC Amendment Act is deemed to commit an offence and liable for conviction of not less than 5 years and a fine not below Five Hundred Million Naira.

    An interesting debate that has broke out is that government wants to demand claim or compensation from the contractors engaged in this sector, which government has lost due to not timely reviewing of 2008 PSC. But this intention of government is tough to determine conclusively, since PSC Act is not retroactive legislation.

     

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    Thu, 12 Dec 2019 12:00:00 GMT
    <![CDATA[Key Amendments to the Companies Act 2016 of Malaysia: Companies (Amendment) Bill 2019]]> Key Amendments to the Companies Act 2016 of Malaysia: Companies (Amendment) Bill 2019

    The Dewan Negara will approve the Companies Amendment Bill 2019 with notable changes to Companies Act 2016, which are in due course already passed by Dewan Rakayat.

    The key changes brought through this amendments are:

  • Execution Formalities for Specific Documents
  • Section 66 of the Act mentions that the formalities to be followed by the company for executing documents by a company by mark of common seal or signature of two members of one of whom should be Director specifically applies to documents that need to be required by law, constitution and agreement.

  • Redemption of thePreference Shares
  • Section 72(4)(c) of the Companies Act allows company to redeem preference share out of share capital but equal number of shares to be redeemed into share capital account. The amendments clarifies that a redemption of preference share out of the profit will only be subject to the solvency statement obligation.

  •  Appointment of Auditors at Annual General Meetings (AGMs)
  • Section 340 is silent on the appointment and remuneration of auditors at AGM of a public company.The amendment remove this vagueness and provides that the appointment and remuneration of the auditors shall be one of the agenda to be tabled at the AGM for the shareholder approval.

  •  Judicial Management Order
  • The Companies Act Amendment introduced dismissal of application for judicial management order under the provision of judicial management mechanism that allows company or its creditors or directors to apply to the High Court to bring the company under a qualified insolvency professional i.e judicial manager (i.e. a judicial management order) if either such application is opposed by the creditor or receiver is in process of appointment.

    The proposed Bill removes the ambiguity surrounding the practical application of certain provisions of the Act and presents first major amendment to the new Companies Act in Malaysia.

     

    ]]>
    Wed, 11 Dec 2019 02:48:00 GMT
    <![CDATA[Foreign Capital Investment Law Oman]]> New Foreign Capital Investment Law in Oman

    The Sultani Decree 50/2019 was issued by His Majesty Sultan Qaboos July 1, 2019 that replaced the old Foreign Capital Investment Law (FCIL).  New FCIL was drafted with assistance from the World Bank. The new law came onto force on July 7, 2019.

    Under the old regime the foreigners were not permitted to undertake commercial activities in the Sultanate of Oman unless they had an agent or formal presence.  Foreigners were also not permitted to establish a wholly owned commercial company was restricted. The maximum equity that a foreigner could hold in any entity was upto 49%.  But there were certain exceptions and complete foreign ownership was permitted in:

  • Free Zones;
  • under the Gulf Co-operation Council;
  • under the free trade agreements;
  • special projects that contributes to national economy but approved by foreign investment committee upon recommendation of MOCI.
  • New FCIL brought wide changes such as:

  • removes mandatory requirement of an Omani partner to establish a wholly owned entity
  • establishing Investment Service Centre in MOCI for licensing foreign investors and easing the formalities for an investment project
  • Article 7 mandates foreign investors to abide by the execution time table for the execution of the project
  • Cabinet would grant single approval to build and operate strategic projects on recommendation of MOCI. 
  • The new law provides for new executive regulations to be issued within six months but until issued the old regulations of old FCIL shall continue to be in effect. But it remains to be seen in practice and how different it would be yet to be seen.

     

    ]]>
    Tue, 10 Dec 2019 00:00:00 GMT
    <![CDATA[The New Oman Standard Conditions of Contract]]> The New Oman Standard Conditions of Contract

    The Standard Form of Construction Contracts in routine use in Oman since 1999 is old viz. the 4th Edition Standard Documents for Building and Engineering Works which dealt mainly with huge government-based infrastructure projects. But in 2019, with aim of taking Oman's economy forward the Ministry of Finance and the Ministry of Legal Affairs launched new edition of the suite of construction contracts.

    The 2019 Edition of the Standard Form Contract for Building and Civil Engineering Works is primarily based on the FIDIC Red Book which includes in itself an employer-design as well as contractor-build risk profile.

    This is also noteworthy that 2019 Standard Form is adaptation of the  FIDIC Red Book 1999 and not the recent 2017 edition. The notable changes brought by this are:

  • Liability for the Defects
  • The Standard Form 1999 mentioned for 'Period of Maintenance' total of 365 days but the new regime is words it as 'Defects Notification Period (DNP and must be agreed between the parties in addition to allowing the employer to provide for extending the DNP.

  • Dispute resolution
  • The old Standard Form provided for submission of disputes to the engineer and in case the matter is unresolved refer arbitration. The new Standard Form provides for court-based litigation.

  • Variations
  • The variations provisions are improved in the new Standard Form 2019 with principle of "value engineering" merged into the contract thereby providing greater efficiencies and cost-savings to the employer.

  • Omanization
  • The contractor has an option to involve Omani SME Contractors for supply and sub-contracts but when mutually agreed between the parties.

  • Anti-bribery and corruption
  • Anti-bribery and corruption clauses in the Standard Form 2019 brings Oman as progressive nation for international best practice.

  • Force majeure
  • The Force Majeure provisions and related termination rights are now included with 2019 Standard Form.

    These changes would boost international infrastructure investors and project developers to bring world-class infrastructure in Oman.

     

    ]]>
    Mon, 09 Dec 2019 12:00:00 GMT
    <![CDATA[Bahrain Law to Clamp Down]]> Bahrain Law to Clamp Down

    The new amendment amends the Article 1 of Bahrain Decree-Law No. 2/2001 related to the ownership of land by non-Bahrainis. The main objective is to limit the inflation in the real estate prices in exclusive areas by non-Bahraini ownership. Bahraini Parliamentarians have also approved this amendment which would now not allow expatriate property investors to own property in those areas which are not tourism or investment zones.

    Formerly the expatriates or foreigners were permitted to purchase property anywhere of their choice in the Kingdom of Bahrain. But it was observed there were concerns among Bahrainis that they were being pushed out of the market. In 2003, the Government of Kingdom of Bahrain restricted right to purchase property by foreigners to certain locations viz. Hoora, Al Fateh District in Juffair, Reef Island, Abu Ghazal in Manama, the Diplomatic Area, and Seef. Besides those areas, expats could also purchase the properties at areas which are designated investment areas e.g. Amwaj Islands.

    The amendments were proposed to be tabled back in October 2017 by the old Parliament who were concerned that foreigners with higher spending power were inflating property prices.

    But the government also stated the fact the expatriate ownership of property did not exceed 7% of the market and that too mainly in apartments not in bungalows.

     

     

    ]]>
    Sun, 08 Dec 2019 12:00:00 GMT
    <![CDATA[The Australian State of Victoria Enacts Law on Industrial Manslaughter]]> The Australian State of Victoria Enacts Law on Industrial Manslaughter

     

    The new law of State of Victoria incriminates businesses and officers whose negligent conduct leads to incidence of workplace death and they shall be guilty of workplace manslaughter. The partnership concern, corporate entities and associations shall be liable for fines of upto AU$ 16.5 million while sole traders and officers shall face 20 years of gaol time.

    The objective behind this new law due to incident that occurred in Queensland, Brisbane where company viz. Auto Recycling Pty Ltd was charged with industrial manslaughter in accident of a worker who was killed by a reversing forklift yard due to alleged failure to separate pedestrians and mobile plant.

    The State of Victoria which enforced Industrial Manslaughter Law on November 26th, 2019 has been source of inspiration for other Australian states as well. First, state after Victoria is the Northern Territory industrial manslaughter law that was enacted on November 27th 2019.  Following the lead, Queensland announced as well that it would legislate industrial manslaughter offences within the framework of mining specific safety laws and Western Australia recently tabled the Work Health and Safety Bill 2019 that has in its fold includes industrial manslaughter offences.

    Victorian Parliament enacted the Workplace Safety Amendment (Workplace Manslaughter) Bill 2019 and made the employer guilty of workplace manslaughter when:

  • involve in a negligent conduct;
  • conduct is a breach of an OHS duty owed to another person;
  • conduct causes the death of the employee or any other person;
  • The Victorian Law lays down that the offence applies to any person deemed to be an officer under the Corporations Act 2001 which includes directors, secretaries and any person who has significant hold on entity's business or finances.

    The Victorian government in Statement of Objective and Purpose while introducing the Bill stated that "the purpose of the workplace manslaughter law is to hold those with the power and resources liable to improve safety for the employers". The objective is for the businesses assuring right controls and equipment are in effect therefore ensuring improving safety in all industries.

     

    ]]>
    Sat, 07 Dec 2019 03:34:00 GMT
    <![CDATA[UAE Ratifies Treaty on Base Erosion and Profit Shifting (BEPS)]]> UAE Ratifies Treaty on Base Erosion and Profit Shifting (BEPS)

    United Arab Emirate (UAE) this year September 1st, 2019 ratified the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (hereinafter referred as "MLI"). MLIs are invention of Organization of Economic Development (OECD) plus G-20 Base Erosion and Profit Shifting (hereinafter referred as "BEPS") Action Plan launched in 2013 with provisions/measures that governments around the world who are signatory to MLIs must implement tax regime to make effective the concept of BEPS in practice. The BEPS mentions 15 point of actions out of which four are basic minimum standards that are mandatory for all the member nations including UAE have to be complied:

  • Action 5 related to harmful tax practices;
  • Action 6 related to prevention of tax treaty abuses;
  • Action 13 related to Country-by-Country Reporting;
  • Action 14 related to Mutual Agreement Procedures.
  • UAE signed MLU in June of 2018 and ratified the same on May 29th, 2019. The date of enforcement mentioned in Official Gazette for MLI to come into effect is September 1st, 2019.

    Till today, the UAE has signed treaties with

  • Finland,
  • France,
  • Ireland,
  • Japan,
  • Lithuania,
  • Luxembourg,
  • Malta,
  • the Netherlands,
  • New Zealand,
  • Poland
  • Serbia
  • Singapore
  • Slovenia and
  • the United Kingdom
  • Belgium
  • India
  • Russia.
  • UAE has MLI provisions in the tax treaties which allows the other parties to opt out of their effect. But, the minimum standards as laid down in BEPS Framework has to be adhered by the member nations. These mandatory provisions include:

    • Article 6 of MLI; adoption of new preamble in the tax treaties which mention that treaty should not create opportunities for non-taxation or minimise tax through evasion or avoidance.
    • Article 7 of MLI; the treaty should not be miscreant in promoting tax evasion and to redress the situation through inclusion of clauses such as Limitation of Benefit or Principle Purpose Test.
    • Article 16 of MLI that's lays down effective dispute resolution clause which allows taxpayers recourse to Mutual Agreement Procedure (MAP).

    UAE has published its reservations and notifications to the MLI confirming the application of the BEPS minimum standards only. Hence, the profound effect of MLI on UAE Tax Treaties would be confined to these provisions.

    The decision of the UAE government in bringing into effect the provisions of the OECD-G-20 Framework and thereby raising the status of UAE as reliable, transparent and accountable business and investment destination.

     

     

    ]]>
    Thu, 05 Dec 2019 12:00:00 GMT
    <![CDATA[SEBI’s New Regulations 2019 for Foreign Portfolio Investors in India]]> SEBI's New Regulations 2019 for Foreign Portfolio Investors in India

    In pursuance to the recommendations of the working group constituted by SEBI viz. Dr. Harun Khan and its report; the SEBI has rolled out new Foreign Portfolio Investors (FPI) Regulations 2019. The new Regulations have superseded the old Regulations pertaining to FPIs 2014. The new Regulations have refreshed and consolidated the regulatory regime for the FPIs.

    The prime changes brought forth by these New Regulations are:

  • Eligibilityfor Registration as FPI
  • Companies incorporated in the international financial services centre (IFSC) are deemed fit to meet the criteria to register as FPI.

  • FPI Categories
  • Provides for two categories viz. Category I i.e. low risk investors such as government entities and government related investors and Category II i.e. medium risk investors and less regulated. There are certain entities which are added in Category I, which are as follows:

  • pension funds
  • university funds;
  • insurance or reinsurance entities, portfolio managers, banks, investment managers, asset management companies, investment advisors, broker dealers and swap dealers;
  • Financial Action Task Force member countries' entities if appropriately regulated or unregulated funds whose investment manager is regulated and registered
  • an entity with:
    • investment manager from FATF member nation and is registered as category I FPI
    • atleast 75% owned by another entity eligible for registration from a FATF member
  • Restrictions on Investment
  • The FPIs in category II that are well regulated funds or investors not eligible under category I FPIs such as endowments and foundations;

    • charitable organizations
    • corporate bodies
    • family offices and individuals
    • regulated entities for their client
    • unregulated funds which are limited partnership and trusts.

    Furthermore, the Regulations requires that the offshore funds by Indian mutual funds which seek to invest in India's securities market to be registered first

  • Obligations of FPI
  • The Regulations have revised the investment range of a FPI or its group to 10% of total paid-up equity capital that is fully diluted from 10% of the total issued capital of the company, bringing it in consonance with Reserve Bank of India Regulations.

    With overhaul of changes in FPI Regulations, the registration process for FPIs have been expedited as well as simplified. The reduction and harmonization of regulations is to give fillip to foreign portfolio investments in India.

     

    ]]>
    Wed, 04 Dec 2019 12:00:00 GMT
    <![CDATA[Oman’s New Commercial Companies Law 2019]]> Oman's New Commercial Companies Law 2019

     

    The new law in Oman related to companies viz. Commercial Companies Law (hereinafter "CCL") is in effect and it replaces the older Companies Law 1974. The amendment brings the commercial companies' law in line with new global corporate developments.

    The gist of the new amendments are as follows:

  • LIMITED LIABILITY COMPANIES
    • Single Shareholder Companies:

    New CCL permits companies to be incorporated with a single natural person corporate shareholder. This may assist in mitigating risks pertaining to inheritance when one shareholder is a natural person and the other is a corporate entity.

    • Minimum Share Capital:

    New CCL is silent on this aspect

    • Liability Of Authorized Managers:

    The liability of authorized managers is now almost equivalent to the liability of directors owning joint stock companies.

    • Conflicts Of Interest

    The authorized managers should formally notify at shareholders' meetings of any conflict of interests they have in any transaction.

    • Related Party Loans:

    New CCL fully prohibits a company from lending to its authorized managers and shareholders. Infact, such facility under the new ccl is deemed void and unenforceable and there is liability of loan recipient to compensate back the amount to the company.

    • Shareholder Information Rights:

    Shareholders can request documents pertaining to the companies in which they held shares upto ten years back.

    B. JOINT STOCK COMPANIES

    • Board Meetings
  • minimum quorum for the board of directors' meetings is at 2/3rd of the board, and decision passed by an absolute majority.
  • Board's decision may be circulated in advance as draft minutes as well as ratified by the board.
  • person signing the minutes of the meeting shall be liable for the content of the minutes laid in there.
  • The statutory casting vote of the chairperson is dispensed with.
    • Shareholder Meetings:
  • Shareholders singly or in concert with at least 10% of the share capital may call for a general meeting. 
  • Shareholders singly or in concert with at least 5% of the share capital may request the board of directors for inclusion of an item in the agenda of general meeting.
  • A person who is a proxy for more than one shareholder can attend the general meeting if the shareholder singly or in group holds more than 5%
  • Director Interests:
  • The company shall under the new CCL maintain a register of interests to record director(s) interests in any transactions

  • Dividend To Equity:
  • The distribution of cash declared to shareholders may be partly converted into equity

  • Global Depositary Receipts (GDR):
  • The shares of joint stock companies may be converted into GDRs so that the investors outside the Sultanate of Oman may trade the equity of companies listed on the Muscat Stock Market.

    Due the changes ushered by the new CCL, the companies have to adjust the articles of association and implement the new legal provisions and file the resolutions and other documents with Ministry of Commerce. Any failure to comply with the mandate may result in companies or authorized managers or directors being penalized.

     

    ]]>
    Thu, 28 Nov 2019 12:00:00 GMT
    <![CDATA[Financial Services (Global Business Corporations) Rules 2019]]> Financial Services (Global Business Corporations) Rules 2019

    Mauritius in world does not just hold strategic significance due to its proximity to sea lane of communications and passage of international cargo via ships. Mauritius has developed itself as island nation with advanced and convenient financial and investment hub for global businesses. The Mauritius Financial Services Commission (FSC) drafted rules under sections 71 and 93 of the Financial Services Act 2007.

    Under the new rules,a corporate is mandated to apply for a global business license if the majority of its shareholders non-citizen of Mauritius and such company conducts business predominantly outside Mauritius or with categories of persons outlined under the FSC Rules.

    Since starting of the year 2019, the FSC released new rules to strengthen government's aim of enhancing business processes by carving out exception that don't have to mandatorily require to apply for a Global Business License:

  • Companies incorporated prior to 31 December 2018 that don't hold GBL1 or GBL2;
  • Companies established after 31 December 2018 and have amongst their investors-multilateral agencies, development financial institutions or sovereign funds, but on the condition that resident corporations are granted an approval by the FSC on conditions as the FSC deems fit;
  • a trust governed under Mauritian Trusts Act 2001; and
  • a foundation registered under the Mauritian Foundations Act 2012.
  • This amendment is to give fillip to the global business resident in Mauritius and to tackle the shell companies and discourage round tripping.

     

    ]]>
    Mon, 25 Nov 2019 05:49:00 GMT
    <![CDATA[Counter-Terrorism Bill 2019: Australia]]> Counter-Terrorism Bill 2019: Australia

    The Counter-Terrorism legislation Amendment Bill 2019 covers amendments to fortify Australia's counter-terrorism legislation. The amendments are in two categories :-

  • amendment of Crimes Act 1914 restrictions on provision bail and parole.
  • amendments to continuing detention order (CDO) provision under Division 105A of the Commonwealth Criminal Code.
  • The Bill amends the Crimes Act 1914 introducing exceptional circumstantial test for persons alleged or convicted of a terrorism, persons under control order aas well as persons who performed as aid or advocating for terrorist acts. Further, there is a presumption against bail and parole besides severe test to be satisfied.

    The similar provision would apply while contouring whether exceptional circumstances exist to reason departure from the minimum non-parole period for when the offender is under the age of 18 years and also while deciding whether exceptional circumstances exist to justify the release of a young offender on parole.

    The Bill also proposes to amend the Criminal Code Act 1995 to provide that terrorist offenders serving a term of imprisonment and another offence would be eligible for kind consideration of a continuing detention order (CDO) when their term concludes.

    The Law Council of Australia introduced new amendments for the protection of the public at large as well as not to let young offenders become recidivist.

     

     

    ]]>
    Sun, 24 Nov 2019 06:12:00 GMT
    <![CDATA[Amendments to Oman's Executive Regulations on Income Tax]]> Amendments to Oman's Executive Regulations on Income Tax

    The Official Gazette of Oman published Ministerial Decision No. 14/2019 issued by the Ministry of Finance on 10th February 2019 published the amendments to the Executive Regulations on Income Tax Law MD 30/2012. The amendments to Executive Regulation provide director remuneration, tax card system, withholding tax, donations, enterprise tax and etc.

    The important amendments covered under this Executive Regulations are:

    • Withholding Tax
    • The amendments widened the categories of payments subject to Withholding Tax and now includes dividends, interest and fee for services.
    • Withholding Tax on dividends distributions would be applicable only to joint stock companies and mutual funds.
    • Withholding Tax is not applicable to dividends distributed by limited liability companies.
    • Interest
    • Member's Remuneration

    The least amount of the below categories is allowed as deduction from the member's remuneration:

    • The actual remuneration paid;
    • The amount of OMR 1,500 per month per director for all companies except professional companies.
    • The amount of OMR 3,500 per month per director for professional companies,
    • 25% of taxable income before deduction inclusive of remuneration and adjusting any other tax.
    • Tax Exemption

    New amendments have limited tax exemption only to companies that carry out their main activity in the manufacturing sector.

    • Tax Card System

    Tax cards issued upon formal request by the taxpayer in official application format viz. Income Tax Form No. 11 introduced by the amendments. New taxpayers would be required to apply for the tax card during tax registration. The tax card shall be applicable for period of two years and renewable at end of the term. The card can be in digital or paper format.

    • Tax on Enterprises

    To stimulate small business viz. medium or small enterprises the tax on enterprise shall be at rate of 0 or 3%.

    • Provision of Onsite Assessment and Examination

    The amended rules provide obligations and duties of taxpayers and tax inspectors with regards to the onsite tax matters.

    The above amendments are the most sought amendments as they brought clarification to tax law provisions which were implemented by the Income Tax Law (ITL) vide Royal Decree No. 9/2017. Besides, the provisions would enhance efficacy of tax administration, tax collection and stimulate economic sectors such as manufacturing and small businesses.

     

    ]]>
    Sat, 23 Nov 2019 03:46:00 GMT
    <![CDATA[The New IP Dispute Resolution Law 2019 in Singapore]]> The New IP Dispute Resolution Law 2019 in Singapore

    The law on Intellectual Property (Dispute Resolution) Bill 2019, it is the first time in legal history of the Singaporean Parliament that an exclusive IP dispute bill is been introduced.

    This Bill attempts to change the IP dispute resolution picture in Singapore and: -

  • bolster the IP regime to support innovation in Singapore and
  • make Singapore a hub for international IP dispute resolution.
  • This Bill has been assented by the President and Intellectual Property (Dispute Resolution) Act 2019 will come into operation on 21 November 2019.

    The Parts 1, 4, 10 as well as the sections 5, 9, 12, 20 (b), (e), and (i), 21, 22(c) and (d), 26, 29 and 33 of the Act would come into effect immediately on the declared date. The other sections of the same Act would come into effect from a date to be notified.

    The IP Disputes Bill would cover:

  • IP disputes can be arbitrated in Singapore and arbitral awards have an effect only on the parties to the arbitration.
  • Currently, only the High Court has exclusive jurisdiction over disputes with regards to IP rights. This new amendment would provide the High Court exclusive jurisdiction over all IP infringement matters inclusive of the non-registrable IP rights e.g. passing-off matters and irrespective of the sum in dispute.
  • Fast track dispute resolution as the law provides for abridged proceedings and caps on costs and damages would keep the costs of the matter down and would cater to petty value disputes as well as cost-sensitive litigants
  • Under the new law, both the High Court and Intellectual Property Office (IPO) could grant certificate of contested validity for the registered trademarks, designs and geographical indications respectively. The effect is that if the registered IP is challenged and proves unsuccessful then registered proprietor is entitled to recover his cost from the opposite party.
  • Therefore, this law shall be watershed in the sense that it would prove to consolidating Singapore as a paradise for IP disputes.

    ]]>
    Thu, 21 Nov 2019 02:35:00 GMT
    <![CDATA[Trademark Bill 2019 to Replace Trademark Act 1976 in Malaysia]]> Trademark Bill 2019 to Replace Trademark Act1976 in Malaysia

    The Malaysian Parliament passed the Trademark Bill 2019 to replace the old Trademark Act, 1976 to bring the country's intellectual property law at par with Singapore. This new law would help Malaysia to accede to Madrid Protocol as envisaged to be adopted by the ASEAN members under ASEAN Economic Community Blueprint 2015.

    The Madrid Protocol is an international instrument that allows a country to file its trademark for registration in several countries simultaneously which have ratified Madrid Protocol through a single filing.

    The features of the new law are:

  • The Accession to Madrid Protocol:
  • This would permit the trademark registered in Malaysia to seek registration of his mark in 120 nations that are parties to Madrid Protocol by filing single application with single fees. This would also turnover single class filing application to multi-class filing covering multiple classes of goods and services in a single sweep.

  • Permission to Register Non-Traditional Trademarks
  • The amendment gives recognition to non-traditional trademarks viz. shape of goods, packaging, scent, holograms, sound, colour, holograms, sequence of motion, etc. if it is capable of:

    • Graphical representation
    • Distinguish good and/or services of one person from another
  • Filing Date
  • The law has made it clear that filing date would be recorded only upon fulfillment of formality and if there are different dates for the formality, then the last of those date. The law also mentions that priority date concept would not have any effect except for the prior trademarks filed under the old law.

  • Absolute and Relative Grounds of Refusal
  • The substantive grounds for refusal are categorized as, firstly, absolute grounds of refusal and secondly, relative grounds of refusal. The significant amendment under the absolute ground is with regards to shape marks, the law hence prohibits registration of shapes which:

    • are due to shape of goods itself;
    • is required to obtain a technical result; or
    • renders substantial value to the goods.
  • Recognition of Collective Marks
  • The new law provides recognition to rules such as collective marks for associations such as clubs, trade unions and societies.

  • Recognition to Concept of Passing-Off
  • The Bill provides express recognition to common law principle of the rights under passing off for unregistered marks and trademarks that contravenes copyrights or industrial design laws.

  • Expansion of The Scope of Trademark Infringement
  • The new law also expands the scope of trademark infringement allowing the registered proprietors of a trademark to file action for infringement for goods and services which are similar to the goods and services claimed under the already registered mark.

  • Trademark as Security Interest
  • Trademarks would be now considered as security interest, thereby making it as an object of personal or movable property.

    Though the new Bill made sweeping changes but still this much awaited law has not come into force. But the legal experts of the country have pointed that different dates may be appointed for different parts of the legislation.

     

    ]]>
    Wed, 20 Nov 2019 06:28:00 GMT
    <![CDATA[The U.S. Shipping Act: New Antitrust Amendments]]> The U.S. Shipping Act: New Antitrust Amendments

    The Shipping Act is the main law that regulates common carriers both vessel and non-vessel operating (NVOCCs) as well as marine terminal operators (MTOs) for orderly growth of maritime commerce in the U.S. The ocean carriers and other corporate entities which enter into cooperative agreements were mandated to justify those agreements to the Federal Maritime Commission, which often made the approval process time-consuming.

    Since 1961 when the FMC was established, it ensures that neither the business activities of liner shipping groups, laws of foreign government or regulations impose an unfair cost burden on the U.S. exporters, or U.S. consumer of imported goods. Therefore, FMC strives to maintain an efficient and competitive international ocean transportation market by gauging the agreements between ocean common carriers and MTOs and create level playing field for the industry players.

    • Definition Widened the Scope of Maritime Operators

    The section 40102 amended expands the scope of the Shipping Act due to inclusion of  various U.S. port service providers under it.

    • Concerted action falls under purview of Regulation of competition

    Section 41105 was amended and now states that an association or group of two or more common carriers may not unless the negotiations and any resulting agreements are not in violation of the antitrust laws except that this paragraph does not prohibit joint venture, or association of ocean common carriers

    • Injunctive relief for Enforcement of Competition

    The Shipping Act provides powers to the FMC to give tooth to the law through a civil action and filing of injunctive relief in courts. The FMC will now consider the combined instead of the individual/isolated effects of shipping agreements on the competition, as well as other factors in the relevant markets, widening the scope of its analysis.

    • Reporting to the Congress on Impact of Cartels

    Section 306(b), provides a list of the content that the FMC shall include in its annual report to Congress a focus on the impacts on competition for the purchase of certain covered services by associations of ocean common carriers acting in pursuance of an agreement between ocean common carriers, including a summary of actions such as corrective steps, taken by the Commission to promote such competition."

    • Reports filed with the Commission

    Section 40104(a)(1) was amended and now the FMC requires to file with the Commission a periodical or special report or a memorandum of the transactions that relate to the business of the common carrier or MTO.

    • Information

    Section 40304(a) is amended to provide that not later than 7 days after the agreement is filed, the FMC shall publish a notice of the filing to the Federal Register and secondly request interested persons to submit relevant information and documents. This provision would improve the efficiency of the FMC to gather vital information to evaluate appreciable adverse effects on the competition.

     

     

    ]]>
    Tue, 19 Nov 2019 05:11:00 GMT
    <![CDATA[Amendments of Competition Commission of India Regulations Relating to Combination]]> Amendments of Competition Commission of India Regulations Relating to Combination

    To bring much clarity and transparency to the merger control process under Competition Act, 2002, the Competition Commission of India has amended its Procedure in Regard To The Transaction Of Business Relating To Combinations Regulations, 2011 (short "Combination Regulations") for the sixth time in a row. This reflects CCI's pro-business approach in dealing with ease of business environment in India.

    The significant changes ushered by the amended Regulations are following:

    Withdraw and Refile

    The amended Regulations have permitted the notifying parties before the CCI issues show cause notice with an option to withdraw and refile a merger notification. CCI explained that the filing fee duly paid shall be adjusted against the fee payable for the new notification if it is submitted with three months of the withdrawal.

    Modifications to Combination

    Amended Regulations provide that notifying parties shall offer voluntary modifications after the issuance of show cause notice under Section 29 of the Competition Act, 2002 and on the basis of such voluntary modifications the CCI shall approve the combination.

    Clarification regarding Timeline

    Amended Regulations lays down the new rule that at certain time periods (remove defects from the filing, the time taken by the CCI to consider validity of the merger filing or self-modifications by parties, etc.) shall be excluded from the 210-day timeline mentioned under Section 6(2A) of the Act, which requires parties to wait until the expiry of 210 days from the date of notification, before giving effect to transactions/combinations.

     

    ]]>
    Mon, 18 Nov 2019 06:37:00 GMT
    <![CDATA[The Airports Economic Regulatory Authority of India (Amentment) Bill, 2019]]> The Airports Economic Regulatory Authority of India (Amentment) Bill, 2019

    The government has launched schemes such as Ude Desh Ka Aam Nagrik (UDAN) and Next Generation Airports for Bharat (NABH) to give a push to expanding infrastructure, capacity augmentation and investment in aviation sector, thereby kindling the demand and supply of aviation services among the public as well as businesses involved in construction and development of aviation market.

    In view of the above, the Parliament of India had passed amendments to Airport Economic Regulatory Authority Act in 2008 as over the years, private players were operating the civilian airports but they ran the risk of monopolization of all aeronautical services. Hence, AERA was established as an independent regulator to standardize tariff and other charges such as development fees or service fees for landing, ground handling, etc. Further, AERA ensured competition through level playing field among different categories of airports.

    At present there are approximately 110 operational airports in India out of which 74 are domestic, 26 are international and eight are custom airports. The features of Bill are:

  • AERA Act defined major airport as airport with passenger volume of 15 lakhs; but the new Bill has hiked the threshold to 35 lakhs.
  • Previously AERA determined tariff, tariff structure and development fees, but the amendment has curtailed these powers of AERA in those cases where these amounts were a part of the bid document on the basis of which the airport operations were awarded.
  • The statement of object and reason for these amendments as laid in the Bill before Rajya Sabha was that:

    "The Act, in present form, does not cover airports to be operated under such model. Since this model is a means to reduce the airport charges, the airports in future may also be developed under this model."

    Therefore, for involving private players in the infrastructure projects, several models are followed such as predetermined tariff or tariff based bidding, and the aviation project is awarded to the concessionaire who offers the lowest tariff or accepts predetermined tariff indexed to inflation throughout the concession period. In this model, the market itself determines the charges and the regulator is not required to fix charges after the award of the project.

    With this amendment in effect, aviation market in India is bound to boom and projected to increase 10 per cent annually, especially the major airports which are hub of international and national business activities.

    ]]>
    Sun, 17 Nov 2019 12:00:00 GMT
    <![CDATA[Special Economic Zone Amendments Bill 2019 Passed in Indian Parliament]]> Special Economic Zone Amendments Bill 2019 Passed in Indian Parliament

    Special Economic Zones (SEZ) are the enclaves within domestic territory of of India which has special laws governing financial and economic aspect. Infact, the precursor of SEZ was Export Processing Zone (EPZ) and the first EPZ of Asia was in Kandla (Gujarat) in India.

    But in 2005, Special Economic Zone Act 2005 was legislated by the Parliament of India the main objective of the law was to establish manufacturing or service companies which have high export value and high employment generation potential. The entities established in such SEZ areas were given many exemptions related to customs duty, corporate income tax, service tax, etc. The proposal for establishing the entity was given to state government which was sent by State Government to Ministry of Commerce and Industries and the Board of Approval chaired by Secretary of Commerce would give his approval, this entire approval process constitute single window permission facility.

    But over the years, despite the facilitation by the government the economic activity in such zones did not picked up fulfilling the objectives of Indian Economy. Hence, the law was amended in 2019 especially the definition of "person" was changed from corporate body or partnership firms to-

    Under the Act, the definition of a person includes an individual, a Hindu undivided family, a company, a co-operative society, a firm, or an association of persons.  The Bill adds two more categories to this definition by including a trust, or any other entity which may be notified by the central government.

    This amendment was due to the fact the now Infrastructure Investment Trusts (InvITs), Real Estate Investment Trust (REITs), multi-state cooperative societies have mushroomed as corporate vehicle to finance and invest in large projects. With this amendment Minister of Commerce Mr. Piyush Goyal have projected that total investment proposed by these trusts comes out to be ₹8,000 crore and the government expects about $3 billion annually. "At the end of March 2019, the investment in SEZs was a whopping ₹5 lakh crore plus and the employment was over 20 lakh and exports were over ₹7 lakh crore,"

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    Thu, 14 Nov 2019 12:00:00 GMT
    <![CDATA[Federal Law No.2 of 2019 – IT and Telecommunications in Healthcare Sector]]> Federal Law No.2 of 2019 – IT and Telecommunications in Healthcare Sector

    The UAE Government declared Federal Law No.2 of 2019 – Use Healthcare Sector IT and Telecommunications ("the Act"), which for the first time governs information collected, regulated, transmitted and digitally maintained in the healthcare sector.

    The Act includes 22 provisions that include, but are not limited to, the creation of a national database system, data privacy rights, and the use of IT and telecommunications technologies while collecting, transmitting, and storing data. Therefore, restrictions were imposed on press licenses, education and violation of the rule.

    The legislation is different insofar as it is the first federal law on the security of private and sensitive data in the UAE about health care records. Healthcare providers, insurers, insurance intermediaries, administrators of third-party medical claims, healthcare technology companies and other healthcare workers will need to evaluate their existing practices and comply with the law. The Act is scheduled to published in the Gazette.

     

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    Wed, 13 Nov 2019 12:00:00 GMT
    <![CDATA[USA: New Pennsylvania Legislation will Save Tax Dollars]]> USA: New Pennsylvania Legislation will Save Tax Dollars

    The passing of three new bills in Pennsylvania is designed to boost intergovernmental cooperation to save money for taxpayers.

    Representative Paul Schemel stated "House Bills 510, 511 and 512 make it easier, faster and less costly for municipalities, municipal utilities and school districts to work together. This kind of cooperation on projects serves to save taxpayers money while encouraging local governments to work more closely together."

    The bills were motivated by the conversations Schemel had with Washington Township on the difficulties faced by the existing law by township officials. The old law made sharing funds with neighbouring municipalities difficult for the municipality.

    The legislation eliminates the necessity for a city to adopt an ordinance, enabling a local resolution instead. This system provides a simplified framework for local government funding and cooperation. The new legislation revised the rules of intergovernmental cooperation. They allow local authorities to make joint purchases, work together on projects such as road resurfacing and share resources without first having to pass individual orders. The old path is a system that could cost thousands of dollars over one or two months.

    The new legislation saves both time and money and ensures that the local government works efficiently and effectively.

     

     

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    Tue, 12 Nov 2019 11:11:00 GMT
    <![CDATA[USA: New Legislation to Stop Animal Cruelty]]> USA: New Legislation to Stop Animal Cruelty

    The new bill passed by congress is waiting to be signed by the President so that the new legislation can be put into action. The Preventing Animal Cruelty and Torture Act (PACT) aims at making any engagement in acts which are malicious towards animals. The new law intends to correct a gap in the Animal Crush Video Prohibition Act in 2010. Under the 2010 Act, it is illegal to create, sell or distribute an "animal crushing" video, the act prohibited the recording of cruel treatment of animals but did not do anything to prevent the acts itself.

    The video ban in 2010 was enacted to stop a disturbing trend in which grotesque videos were posted online showing animals being mistreated and killed, seemingly serving a twisted sense of entertainment.

    The new legislation aims at putting a complete stop to 'animal crushing' which is defined as "any act in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury."

    The government aims to prevent animal cruelty in the same manner and seriousness as they would prevent battery or assault, as it is very likely that an individual or group that might incite violent actions against animals would probably do so to a human being as well.

    Minimal cases are regulated by existing federal animal welfare laws and do not provide specific protections. For example, the Animal Welfare Act of 1966 refers specifically to zoos, labs, and puppy mills. More specifically, other laws focus on the transport of livestock or the operation of slaughterhouses.

    The Preventing Animal Cruelty and Torture Act sets a national standard for the prevention of cruelty against animals.

     

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    Sun, 10 Nov 2019 02:00:00 GMT
    <![CDATA[Kuwait – New Law to Ensure the Ex-pat Population to Remain 20-30%]]> Kuwait – New Law to Ensure the Ex-pat Population to Remain 20-30%

    Kuwait is considering a new law that will enforce a quota system for emigrants in the Country. As per Kuwait Times, this law is to be introduced in the forthcoming National Assembly term with the objective of ensuring that the foreign expat population remain within 20 – 30 per cent in the country. While the executive authority remains responsible for granting an allocation or coping with work permits, and cabinet resolutions resolve these concerns, MPs seek to remove the pressure and humiliation from the government.

    Due to its impact on relations with other countries, the government could face "some difficulties" in issuing a quota decision. MPs, therefore, want to tie this to a legislative rule.

    A senior Kuwaiti official cautioned last month that the country must track the growth of some ex-pat groups is now "too high." The Kuwait Times cited MP Ahmad Al-Fadhl as stating that Indians, Egyptians, Bangladeshis and Syrians account for over half of the 3.4 million expatriates from 120 nations residing in Kuwait. The Indian community is about 900,000, Egyptians about 600,000, Bangladesh about 200,000 and Syrians about 145,000.

    To improve nationalisation in the workplace, Kuwait has been working to reduce its expatriate population. Kuwaitis currently account for less than 30% of the 4.7 million population of the country at 1.42 million. It was reported late last year that Kuwaiti authorities are preparing to decrease foreign inhabitants by at least one and a half million in the next 7 years alone.

     

     

     

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    Thu, 07 Nov 2019 04:04:00 GMT
    <![CDATA[India and Maldives – Criminal Matter Assistance Treaty]]> India and Maldives – Criminal Matter Assistance Treaty

    India and Maldives signed a treaty on mutual legal assistance in criminal matters on October 2019 as Minister of External Affairs S Jaishankar and his Maldivian counterpart Abdulla Shahid addressed existing collaboration in different areas and ways to further improve bilateral ties. Jaishankar, who attends the 4th Indian Ocean Conference (IOC) in the Maldives, met Shahid at the Paradise Island Resort. This is his first nation trip since he took office in May.

    For criminal matters, the two parties concluded the Mutual Legal Assistance Protocol. The protocol aims to improve the countries ' efficiency in investigating and prosecuting crime through cooperation and mutual legal assistance in criminal matters.

    In the light of transcontinental crime and its links to terrorism, the agreement will provide a specific legal framework for bilateral cooperation with Maldives in combating and prosecuting crime, as well as in monitoring, curbing and confiscating profits and illegal tools, as well as funds intended to finance terrorist acts. An MLAT is a pact between countries to collect and exchange information to enforce public or criminal law. Jaishankar will also call on President Solih and the Speaker of Parliament Mohamed Nasheed.

     

     

     

     

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    Wed, 06 Nov 2019 12:00:00 GMT
    <![CDATA[Ireland: New Legislation to Regulate Political Advertising on Social Media]]> Ireland: New Legislation to Regulate Political Advertising on Social Media

    Social media is the most far-reaching and influential media sources in the world of today. It is the most fastest and convenient way of communicating and idea or stand, so it would be natural to use social media advertising for political issues, as most political stand require the people's support.

    However new legislation is in works in Ireland which aims to regulate the use of the any social media platform for political advertising. This legislation might be coming into effect after the infamous scandal of Russian interference in America through social media, and the recent news of Twitter's decision to ban all political advertising on its website. The Department of Housing, Planning and Local Government will be drafting the new legislation to ensure that there is transparency.

    The Irish Government stated "This proposal to regulate is limited to online political advertising and is seen as an interim measure until the establishment of a Statutory Electoral Commission which will oversee a wider reform of the electoral processes."

    The government further laid down the objectives which the new legislation seeks to provide:

    • Protecting the legitimacy of election, ensuring that they are free and fair and not dominated by a narrow range of interests.
    • To respect the rights of individuals and the value of political advertising and its importance to electoral systems while ensuring that regulation of expression meets legality, necessity and proportionality requirements.
    • To respect the role of the internet in the public sphere of political discourse and to ensure that the public has access to the legitimate information necessary to make autonomous decisions on voting.

    The law will apply on online platforms for political advertising sellers or intermediaries and political advertising buyers. The obligation to determine that an advertisement falls within the scope of this regulation will be placed on the seller. Online paid political advertising will have to be labeled as such and displayed clearly the information, or a link to that information in a precise and clear way.

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    Tue, 05 Nov 2019 12:00:00 GMT
    <![CDATA[Bahrain – Criminal Offence to Breach Data Laws]]> Bahrain – Criminal Offence to Breach Data Laws

    The Personal Data Privacy Act (PDPL) of Bahrain (Law No. (30) of 2018) came into force on August 1, 2019. The PDPL aims to more closely align Bahrain's data protection framework with global best practices and regulates processing (broadly defined to include data collection, storage, disclosure, etc.) and data transfer in Bahrain. Although the legislation is now in effect, the new Personal Data Protection Authority to enforce the law has yet to be formed in Bahrain.

    Bahrain's adoption of the PDPL may be part of a trend towards expanded data protection regulation by Gulf Cooperation Council (GCC) members. For example, in the coming years, the United Arab Emirates and Saudi Arabia can both adopt more stringent data protection laws.

    For certain breaches, the PDPL provides criminal penalties. Data protection laws, on the other hand, are usually democratic in the European Union and the United States. Criminal violations include processing sensitive personal data in contravention of the PDPL or retention of the Authority's requested data, information, records or documents. The law applies to people who live and work in Bahrain.

     

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    Mon, 04 Nov 2019 12:00:00 GMT
    <![CDATA[UK – Case Law Deciding Costs on Aborted Transactions]]> UK – Case Law Deciding Costs on Aborted Transactions

    The High Court recently shed some clarity on the recovery of transactional costs if and when a financial transaction is cancelled. This was a result of the judgement passed in Roundshield Partners LLP v. Ciudad Real International Airport SL & Ors [2019] EWHC 2733 (QB) where Griffiths J ruled in favour of the defendants and held that their liability to pay the remaining sum was not established.

    There were two key questions answered in the ruling:

  • Can the use of certain words (especially the clause in the contract of the case at hand) impose on the defendants a duty to pay the transactional costs?
  • The court held (here) that the terms used should be clear and unambiguous to enforce an extra duty and to decide on all expenses in full – not just at the point of invoicing.  Therefore, any contract clause should be fully informed to the defendants (other party entering the contract) and must be accurately tested for "adequately defined or sufficiently accurate" costs in order to offer (or refuse) consent to such costs being incurred. This "adequate information" is particularly necessary given the need to provide and "reasonably" withhold the consent of the defendants to such expenses.

  • What amounts to a reasonable amount claimed?
  • The courts tailored this question to the case at hand and did not effectively give substantial guidance for all future cases. Since most of the demands for costs fell in the absence of an advance settlement, the court had only to address this problem in conjunction with a small number of invoices and, in all instances, measured the reasonableness of the sum charged by reference to the original quote or the current revision of the fees incurred (of which there were few) rather than by reference to the question of whether the amount stated was fair. Given that the plaintiffs were unable to provide evidence to show that the remainder of the alleged costs had been agreed in advance, or where advance negotiation was possible, this revealed that the payments reported bear no relation to the accepted quotations, the recovery of the claimants was severely restricted.

    What we can learn from this summary is that, while entering into transactional contracts, one must always:

    • Clearly and precisely draft all clauses especially ones relating to expenses
    • Keeping record is paramount
    • Letters, invoices and all correspondence must be addressed correctly.

     

     

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    Sun, 03 Nov 2019 12:00:00 GMT
    <![CDATA[Tanzania – New Rights on the Legal Age of Marriage for Women]]> Tanzania – New Rights on the Legal Age of Marriage for Women

    The month of October brought about a monumental change in Tanzania when on 23 October 2019, the Court of Appeal passed a judgment that minor women (under 18 years of age) will no longer be eligible to get married in the country. This breakthrough was a result of Ms Rebeca Gyumi's initiative through the case of Miscellaneous Civil Cause Number 5 of 2016.

    Ms Gyumi is the founder of a local charity called the Msichana Initiative which solely promotes the rights of young women. She appealed to the Tanzanian High Court opposing the constitutionality of sections 13 and 17 of the Law of Marriage, Cap 29 R.E 2002 (LMA), those sections essentially enabled girls to marry when they were 15 years of parental consent and 14 years of parental consent with the approval of the Court. Rebeca argued that, when modified, the above parts violate the terms of Articles 12, 13 and 18 of the United Republic of Tanzania Constitution of 1977 (Constitution). 23 October 2019 will go down in history as a victory for women, children and human rights. The Court of Appeal handed down its decision that girls under the age of 18 years cannot get married in Tanzania.

    Ms Gyumi also requested a resolution declaring that the terms of Sections 13 and 17 of the LMA would be considered null and void and that 18 years would remain the legal marriage age should remain 18 years above from now until the law changes.

    The ruling:

    In 2016, the High Court found that the terms of sections 13 and 17 of the LMA violated the principles of equality set out in Sections 12(1) and 13(1) of the Constitution and ruled that those sections were unconstitutional. The High Court ordered the State, through the Attorney General, to fix the alleged irregularities within the rules of the said parts within one year from the date of the judgment and, then, to define 18 years as the qualifying age for marriage for both boys and girls. The Attorney General challenged the Court of Appeal this 2016 ruling, which was rejected today by the Court's appeal.

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    Sat, 02 Nov 2019 12:00:00 GMT
    <![CDATA[Japan – Tax Treaty Amendment]]> Japan –  Tax Treaty Amendment

    In July-August 2019, the agreement amending the U.S.– Japan Tax Treaty (' Protocol ') came into force on the transfer of instruments of ratification between Japan and the United States in Tokyo on 30 August 2019.

    The Protocol will apply to:

  • taxes postponed on or after 1 November 2019 on amounts paid; and
  • all taxes for fiscal years commencing on or after 1 January 2020.
  • The agreement would expand the benefits available under the arrangement, including an expansion of the dividend tax waiver (i.e. the minimum shareholding percentage will be adjusted from ' more than 50 percent ' to ' at least 50 percent ' and the requisite holding duration will be reduced to ' six months ' from the existing ' twelve months ') as well as an exclusion from withholding tax on interest payments.

     

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    Thu, 31 Oct 2019 12:22:00 GMT
    <![CDATA[Singapore - Change in Patent Law]]> Singapore - Change in Patent Law

    As of 1 January 2020, the supplemental test path will be locked. Our national examiners must review Singapore patent applications submitted on or after 1 January 2020. This affects national patent applications submitted on or after 1 January 2020, international ("PCT") applications entering the national phase with an international filing date of 1 January 2020 or later, and divisional applications having an initiation date on or after 1 January 2020. The change aims to improve the quality of patents granted toSingapore and to align the patent system in Singapore with that of significant jurisdictions.

    The supplementary review route makes the final quest and analysis results of accepted foreign counterpart applications, corresponding global applications, or the international preliminary patent-ability report issued by a PCT search and/or test authority, providing that the corresponding foreign applications or PCT applications are connected by a c To date, this has given a cost-effective option for applicants to receive Singapore patents.

    However, under additional examination, the local examiners do not examine the Singapore patent applications based on novelty and inventive step.

     

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    Wed, 30 Oct 2019 12:00:00 GMT
    <![CDATA[EU – IP Law for Design Rights]]> EU – IP Law for Design Rights

    In G-Star v Cofemel's case, G-Star accused Cofemel of making clothes that stole some of the designs of G-Star. Historically, it is accepted that any original subject matter that involves the creative development of a writer can be considered as a' book' within the scope of the copyright directive. Besides, secondary EU law has provided safeguards of models that could be enforced by the copyright directive. Design can also be a' work' in a particular case. Protection of designs is intended to protect subject matter that is new and distinctive but also functional and is likely to be mass-produced.

    Protection of models is intended to protect objects that are unique and different, but also practical and likely to be manufactured for mass production. Design protection is applicable for a limited period, ensuring a return on the investment necessary for the creation and manufacture of the subject without excessively restricting competition. By addition, copyright protection lasts longer and is only for subject matter that can be marked as' works.' The granting of copyright protection to subject matter already protected as a design must not undermine the respective goals and effectiveness of the two sets of rules and, therefore, the granting of both protections will only work in certain situations.

    In this case, the Court stated that' the aesthetic impact created by design does not constitute a variable important to deciding whether that design can be counted as a' project' in a particular case because such anaesthetic effect is subjective.' Therefore, if the designs create a particular visual impact (over and above their practical purpose), it does not in itself imply that these designs are' plays' and can also be covered under copyright, but this is likely in some situations.

     

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    Tue, 29 Oct 2019 05:34:00 GMT
    <![CDATA[Malaysia – IP Partnership with EU]]> Malaysia – IP Partnership with EU

    It is no secret that the European Patent Office (EPO) is trying to partner with intellectual properties worldwide to establish partnership programs with new and emerging national markets. The main objective of this initiative by the EPO is to integrate and improve the global patent system through more efficient use of partner offices, increased capacity, productivity and performance through EPO work materials, software and practices.

    With this objective, a memorandum of understanding on an enhanced partnership between the EPO and the Intellectual Property Corporation of Malaysia (MyIPO) was signed earlier this month. This is Southeast Asia's first intellectual property office to sign this advanced form of bilateral cooperation agreement with the EPO and the world's fourth office. This arrangement means that for five years, the EPO and MyIPO will work together to make their patent systems as efficient, user-friendly and predictable as possible for European and Malaysian businesses.

    The EPO will concentrate in particular on supporting MyIPO in its patent grant process to boost innovation and technology transfer between Europe and Malaysia in increasing efficiency, timeliness and reliability. As a community, the ASEAN countries are the EU's third-largest trading partner outside Europe (after the US and China), so increased access to the competitive ASEAN market is a priority for the EPO for European exporters.

    The new EPO MyIPO partnership is seen as a monumental breakthrough for the ASEAN community with EPO referring to the partnership as 'one of the most advanced offices in the ASEAN region'. This partnership seeks to promote and improve services relating to patent in both ASEAN region and worldwide.

     

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    Sun, 27 Oct 2019 12:00:00 GMT
    <![CDATA[UAE: New Legislation Regarding Woman's Rights]]> UAE: New Legislation Regarding Woman's Rights

    The Arab Charter of Woman's Rights has introduced a new legislation in regards of a woman's citizenship being passed on to their children and their right to marry foreigners.

    The charter which consists of 25 articles was drafted by the Arab Parliament which regulates the legislation of the Arab League. The charter addresses issues ranging from compulsory education and health care to job opportunities and services for new mothers which are free, effective and innovative. Furthermore the new legislation is intended to act as a member states guideline for the other member states of the Gulf.

    "I hope that launching this declaration serves as a deterrent against claims regarding women's status in Arab societies," said Sheikh Nahyan bin Mubarak, the Minister of Tolerance, on behalf of Sheikha Fatima bint Mubarak, the Mother of the Nation, as he launched the charter.

    The new legislation states that Arab women should have the right to maintain their citizenship even if they marry a man with a different citizenship, and that the children should be able to inherit the mother's citizenship at birth if they so desire. The legislation also discusses the matter of when a woman has acquired the citizenship of her husband, at the incident of a divorce or his death, the woman should have the right to revert back to her original citizenship.

    Children usually inherit the nationality of their father in the Middle East. The new legislation reflects that the child can now inherit either of his parents' citizenship.

    At the next session of the Arab League, Member States are expected to sign the charter, however, signing it does not make it mandate for the participating countries to change their laws in order to comply with the charter.  

     

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    Sat, 26 Oct 2019 12:00:00 GMT
    <![CDATA[Dubai Soon to be a Global Cultural Hub]]> Dubai Soon to be a Global Cultural Hub

    Dubai is known to be an ever-evolving nation with the best of everything to offer. Artistically, Dubai has been influenced and acts as an influencer to so many creators and authors worldwide. Dubai has always been supportive and engaged with promoting art and artists with events like 'Sole Dxb' and 'Art Dubai' hosted annually.

    Recently, Dubai has furthered to promote innovators and artists by launching its first-ever "long-term" cultural visa. As the name suggests, this will allow artists, authors, creators worldwide, a long-term visa to come to the country to not just share their talent with the Emirate but also get inspired and benefit from what Dubai has to offer.

    As of 1 October 2019, the UAE Government has confirmed this progressive step by further adding that the idea of granting such a visa is to drive Dubai forward, making it a hub for art and culture. Adding to this, the Government has also revealed plans about establishing cultural centres which are to school the Dubai youth by helping them hone their artistic and creative skills. A free zone in Al Quoz is said to be established to help promote and facilitate this idea of a new Dubai 'artistic hub'.

    The criteria and eligibility to apply for such a visa are yet unknown at this time. However, there is an already existing requirement for a licence to obtain for those who engage in promoting brands and services on social media platforms. Based on this, it is highly likely that a similar requirement may arise for this artistic visa – only time will tell. Rest assured both the citizens of UAE and the citizens of the world are eagerly looking forward to this initiative.

     

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    Thu, 24 Oct 2019 05:54:00 GMT
    <![CDATA[Scotland: Domestic Abusers will Lose Home]]> Scotland: Domestic Abusers will Lose Home

    A new bill we brought before the Scottish Parliament, which would see alleged domestic abusers removed from their homes, rather than the victims. The bill has just entered drafted and been approved, it is expected that before the end of the parliamentary session in 2021, the legislation will be introduced.

    First Minister Nicola Sturgeon of Scotland said "We will introduce a Bill in this Parliament to give police and courts new powers to remove suspected perpetrators from the homes of those at risk.

    Such orders would allow Scotland's justice system to safeguard people who, foe instance, are being controlled to such an extent that they could not initiate court action themselves, and give victims time to seek advice on longer-term housing options

    Dr Marsha Scott, chief executive of Scottish Women's Aid, said: "Domestic abuse is the leading cause of women's homelessness in Scotland. This Bill would be an immediate and significant improvement, offering children and women a breathing space as they seek safety.

    Without this legislation, women experiencing domestic abuse in Scotland will continue to have to choose between staying in the home with an abuser or making themselves and their children homeless to get away from the abuse" 

     

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    Tue, 22 Oct 2019 10:40:00 GMT
    <![CDATA[New Zealand Legislation De-Radicalise Terrorists]]> New Zealand: New Legislation to De-Radicalise Terrorists

    The government of New Zealand has decided to take a stand against terrorism. The new bill submitted to Parliament aims to de-radicalise terrorists or potential terrorists by allowing police forces of New Zealand to apply to the High Court to impose control orders on New Zealanders who are involved in overseas activities related to terrorism.

    It is speculated that the introduction of this bill, which will be heard for the first time in Parliament next week, is due to the recent events relating to Mark Taylor, a New Zealand citizen who had become a jihadi and had been imprisoned in Syria for several months. Whether Taylor returns to New Zealnd, the government has not stated.

    However, the recent withdrawal of U.S troops from Syria culminated in the release of many of the prisoners. This means that Taylor might be able to return to New Zealand, it might be this return that has launched the Government to take responsible actions and create a strong stance against terrorism.

    Andrew Geddis, professor at Otago University Law has said that the current laws regarding terrorism and the prosecution of such is out-dated and messy. The introduction of this legislation is a progressive step towards dealing and eliminating terrorism.

    Justice Minister Andrew Little said that only a very small number of people would be subject to a control order under the bill. A control order would be issued only if criminal prosecution is not possible, the control order then becomes the only mean to manage the risk that the suspect might possess.

      

     

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    Mon, 21 Oct 2019 03:36:00 GMT
    <![CDATA[Hong Kong: New Law to Ban Masks]]> Hong Kong: New Law to Ban Masks

    The law in Hong Kong has seemed to take a plunge back into colonial-era Emergency Regulations, the new law bans the use of face or mouth masks of any nature from being worn at protests. This law comes into action due to the Anti-Extradition Law Amendment Bill Movement, in which protests are being carried out to oppose the introduction of the Fugitive Offenders amendment bill.  This law was previously used in 1922, in effect of a strike which was carried for more than 50 days by Chinese sailors for betterpay and again in 1967 when there were labor riots

    The law has taken effect on the night of 4 October and will be discussed by the Legislative Council 10 days later. Violation of the law will bear the penalty of a year in prison or a large monetary fine.

    The question that many civilians seem to have is whether this ban is only limited to protestors, Hong Kong is a city where citizens widely use masks for reasons other protests.

    It is seen that the protestors in Hong Kong don masks apart from surgical ones. Various types ranging from concealing full masks, gas mask to masks from movies. Protestors wear masks so as to protect their identity, various activists whose identities are not concealed are known to being attacked.  

    This law has been enacted by the government to disable protestor anonymity and may lead to more expansive actions such as a curfew or restriction of internet use to disband the protests.

     

     

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    Sun, 20 Oct 2019 04:18:00 GMT
    <![CDATA[UK: New Legislation in works to Protect Passenegrs fom Airline Collapses]]> UK: New Legislation in works to Protect Passenegrs fom Airline Collapses

    It is the duty of a country to ensure the safety of its citizens. A large number of people may get stranded in various parts of the world due to a collapse of an airline company, leaving people unable to reach back home for extended periods of time.

    This was seen recently when after the fall of Thomas Cook, a British global travel group based in Peterborough, left one hundred and fifty thousand holidaymakers stranded overseas.

    The government says the new legislation will change the existing system to allow airlines to be put under special administration and allow aircraft to continue flying and take       every passenger back to the United Kingdom more efficiently and without intervention.

    This will mean that the regulator could use the current airlines and staff of the airline to repatriate passengers, which is not possible currently as there, are now laws to regulate such situations and has led to the discomfort and potential danger of hundreds of citizens.

    The Transport Secretary, Grant Shapps, said it will help to cut repatriation costs by using existing assets and workers to get people home, he further said "To bring over 140,000 Thomas Cook passengers home, the Government and UK CAA worked together round the clock and, with the support of people across the globe, carried out the biggest peacetime repatriation exercise in UK history. I'm determined to bring in a better system to deal with similar situations in future, helping ensure passengers are protected and brought home quickly and safely."

     

     

     


     

     

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    Sat, 19 Oct 2019 12:00:00 GMT
    <![CDATA[USA: California New Law Bans the sale of Fur Items]]> USA: California New Law Bans the sale of Fur Items

    The illegal trade and poaching of wild endangered animals for highly priced products compels countries and states to establish strict legislation against the sale of such items to reduce the hunting and killing of wild life. 

    The state of California has become the first in America to prohibit the sale, trade and manufacture of fur items and products under the new legislation, the bill AB-44 signed by Governor Gavin Newsom on the 13th of October 2019 and will take effect in January 2023.

    The legislation established that any distribution or sale of clothing, handbags, shoes, slippers, hats or key chains that contain fur is illegal and carries a civil penalty. More than a 100 million animals all around the world are victims to the fur industry where they are subjected to suffering and often times, death as reported by the Humane Society of the United States.

    The legislation will begin the long required change in the law in regards of the hunting and mistreatment of wild animals for human needs and pleasure. Hawaii and New York have introduced similar legislation and will hopefully also establish stronger and permanent laws.

    In addition to the AB-44 the Governor has also signed SB-313 that will prohibit animals such as elephants, bears and other wild animals in circuses, and further implement a bobcat management plan to protect the species which has become endangered over the years through trophy hunting, trapping and killing of Bobcats.

    The legislation introduces a permanent and longtime protection for wild animals who have long time been exploited for their monetary benefit rather than treating them with humanity.

     

     

     

     

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    Thu, 17 Oct 2019 10:35:00 GMT
    <![CDATA[Japan: New Legislation in Works to Regulate IT Giants]]> Japan: New Legislation in Works to Regulate IT Giants

    On 11 October 2019, Japan started the process of discussing new legislation to be bought in to tighten controls on domestic and global giants in information technology, and protecting the privacy of consumers with concern that certain businesses misuse their market share to secure growth.

    Over the years with the boom of technology and social media, global technology firms such as Google LLC, Apple Inc., Facebook Inc., and Amazon.com Inc., are accused of abusing their massive market share in order to prevent fair competition and abuse of personal data.

    The U.S and European authorities have already worked towards improving controls on such businesses, but it remains a challenge how to maintain the independence of business activities that are essential to technological innovation.

    In order to address the issue, the government plans to submit legislation to the National Diet, Japan's legislature, to increase the transparency to business transactions by publishing terms and conditions. The Government is also preparing to table a bill to amend the Privacy Act next year so that people will have the right to request that companies stop accessing their personal data.

    In order to enhance the security of privacy, the Government will consider the increasing oversight of foreign companies in the new legislation by enhancing the functions of the Personal Information Protection Commission, a government responsible for monitoring the handling of private date.

    Furthermore, it will also seek to stop illegal and improper collection of personal information by businesses under new guidelines that will extend anti-monopoly laws to business-to-customer transactions. It is expected that the Government will make policy recommendations to draft new legislation by the end of the year and then present the bills during the ordinary Diet session to be held in January.

     

    ]]>
    Wed, 16 Oct 2019 10:11:00 GMT
    <![CDATA[Abu Dhabi – Abu Dhabi Energy Corporation to become a public joint-stock company]]> Abu Dhabi – Abu Dhabi Energy Corporation to become a public joint-stock company

    The rulers of UAE have always been thoughtful of the advancement of their country, be it business or otherwise. Their leadership and vision for a progressive country make UAE one of the most attractive countries in the world for international business new and old. Recently, the Ruler of Abu Dhabi HRH Sheikh Khalifa Bin Zayed Al Nahyan, has issued a law allowing the corporation known as Abu Dhabi Energy Corporation to become a public joint-stock company.

    This Law No. (3) of 2019 on the Abu Dhabi Power Corporation (ADP) grants Abu Dhabi Energy Corporation an independent legal personality and complete financial as well as administrative independence. The law allows for:

  • Abu Dhabi Energy Corporation to act in complete legal capacity
  • Transfer of all shares and the shares in the company to ADDC
  • All property (moveable or immovable),real estate, shares, shares and assets in companies owned by the Department of Energy to be transferred.
  • The law is being passed with the view that the company shall promote and encourage projects and activities in the water and electricity division, therein strengthening the future vision for Abu Dhabi.

     

     

    ]]>
    Tue, 15 Oct 2019 12:00:00 GMT
    <![CDATA[Russia: Enactment of Digital Rights Act]]> Russia: Enactment of Digital Rights Act

    In a world that is fast moving with changing times, especially in the last decade, numerous countries have joined the technological advancement movement, Russia with the enactment of their new law has also now embraced the cryptocurrency.

    It was earlier in the year that discussion about the legal understanding on the regulation of smart contracts and digital tokens had begun, and it is seen that with good progress the discussion had turned into a bill which has now been enacted.

    The bill establishes that electronic rights are treated in the same manner as other legal rights. This clarifies that digital laws and rights will be regulated by civil law.

    In regards of smart contracts, the automatic execution of smart contracts will follow the same traditional procedure as that of electronic payment which is used in banks, the new aspect is that with each transaction requires data to be provided, such as identity of the digital rights holder and other parties. This means that contracts can be executed through the means of an information system. The new legislation lays down the regulation of potential and actual investment and contracts but also defines certain restrictions, such as limiting the amount "unqualified investors" can spend or invest on projects to 600,000 rubles.

    This act has been followed by the passing of another bill "Law on Crowdfunding" was signed by the President, Vladimir Putin in August and will be enacted as of January 2020.

     

    ]]>
    Mon, 14 Oct 2019 10:19:00 GMT
    <![CDATA[Property Law, Protecting the Citizens]]> Property Law, Protecting the Citizens

    Real estate is an essential part of UAE, and the government takes several steps to provide legislation that protects the individuals and parties investing in the property of UAE.  However, the law surrounding property is complex and individuals are advised to make themselves aware of the law before purchasing or entering into tenancy contract.

    There are specific laws for off plan property and property which is ready. Property which is under construction should be registered with the Real Estate Regulatory Agency, further inquire if there is an owner's association. Be it property which is completed or under construction make sure that you are aware of the termination right of the developer and the purchaser. The other things to review include the payment of the registration fees, copy of the original sale-purchase agreement, permits and alterations done to the property.

    Real Estate Law Number 7, allows foreigners and non-residents to obtain property ownership on rent or lease. The duration of property lease for any property is around 99 years that must get approved by State Government of Dubai.

    Regarding rental property law landlords are not allowed to increase rent. Rents can be raised when the lease finished and it's time to renew it. However, rents cannot be raised more than 15%.

    Individuals are recommended to get professional legal advise before investing in property be it for commercial or private use for rental or for ownership to ensure that the law can help them to the best of it's capabilities. 

     

    ]]>
    Sun, 13 Oct 2019 12:15:00 GMT
    <![CDATA[UAE Labour Law: When can a Labour Ban be implemented]]> UAE Labour Law: When can a Labour Ban be implemented

    Dubai is a place where hundreds of different nationalities live and work together, there is no doubt that the majority of the work sector consists of expatriates.  The Dubai government has very clear and precise legislation regulating employment within the UAE. However one of the most frequently asked question by expatriates is concerns regarding a labour ban.

    The Ministry of Human Resources and Emiratisation (MOHRE) issues the labour ban and legally restricts the individual from working in another company in the UAE. Labour bans can range in duration from one year to a permanent ban.  The MOHRE hotline allows individuals to get check whether they have a ban or not 24x7. UAE Labour Law No. 8 for 1980, Ministerial Resolution No.721 for 2006, Ministerial Resolution No.724 for 2006, Ministerial Resolutions No. 707 for 2006 and Resolution No.765 for 2015 are the laws which govern the labour and employer and employee rights.

    The two common reasons a labour ban is imposed by an employer is when an employee breaks a limited contract or when an employee absconds. An employee cannot leave from his/her employment without submitting prior notice. The employer, in this case, can request for a labour ban of up to one year, regardless of whether the employee's residency is sponsored by the employer or not. An employee is said to have absconded if they not report for work for more than a week (7 days) without a valid reason or in other words, the employee appears to have gone AWOL (absent without leave) for 20 days in a year. If absconding has been reported by an employer, the employee cannot work in the country for a year from the time of reporting.

    The labour laws in the UAE protect the rights and interests of both the employer and employee, always ensure that you are aware of the law by getting from a genuine legal advisor, so that the efficient laws of the UAE can work effectively.

     

    ]]>
    Sat, 12 Oct 2019 12:00:00 GMT
    <![CDATA[New Singapore ‘Fake News’ Law]]> New Singapore 'Fake News' Law

    Social media has revolutionized the connectivity between individuals all over the world. It is one of the most far-reaching sources of information and media, so it is no surprise that in today's world news reaches people faster than ever before. The new law in Singapore enables the government to regulate news on social media. There is no denying the absolute success of social media, it has become a necessity of the modern world, however with the rise of social media there has been a steady rise of fake news as well. Fake news acts as threat to democracy, debate and order. Social media enables the spread of fake news as there is no established set of checks and corrections.

    It is as simple to be equipped with an email id and false information to spread fake news. There have been turbulent information in recent times regarding substantial social media platforms misusing information and spreading fake news that it comes as no surprise that government bodies decide to step in to regulate the news present on social media. This is currently taking place in Singapore, despite protests from activists and social media platforms.  The new law enables government ministers to demand online platforms to put warnings against any information they might deem false and in extreme situations have the information taken down. The law entails a fine up to SGD 1m (USD 720,000) and jail terms up to 10 years.

    The new bill has activists worried that this might bring upon restriction on rights such as free speech and right to freedom of expressions and academics are worried that this might hinder academic freedom. Big tech companies who have their Asian headquarters in Singapore are worried as well, Google said the passing of the new legislation is likely to "hurt innovation and the growth of the digital information ecosystem", but the law is a step towards setting up a system which ensures the regulation of the authenticity of the news which circulates within social media, which is one of the world's influential source of media.

    ]]>
    Thu, 10 Oct 2019 03:52:00 GMT
    <![CDATA[Close Bounced Cheques on Your Smart Phones]]> Close Bounced Cheques on Your Smart Phones

    Dubai services are going online, and the most recent to join these online services is the closing of bounced ues.  From 13 October 2019, people who have cases of bounced cheques under AED 200,000 can have their cases closed without having to go to the police station, simply by paying their fines on their smartphones.

    The new service will use facial recognition and artificial intelligence technology to identify the individual. The process will not require the suspect to hire a prosecution representative, instead, a link will be sent to the individual's phone that will take them to the website where they can complete the legal formalities. Fatima Ahmad Bin Haider, IT director at Dubai Public Prosecution explained the process, "We used Artificial Intelligence and face recognition to identify the suspect to start the investigation. The suspect can either download the case announcement or go physically to prosecution or pay the fine on the same window and complete the formalities without presenting himself physically for the legal order".

    The new service will also allow individuals to object to the legal order, the website provides a link, which, when accessed, will ask for the necessary documents to be uploaded. The new service closes only the criminal liability case; the suspect can still be pursued by the victim in the civil court.

    Dubai's Attorney-General Essam Eisa Al Humaidan said bounced cheques of up to AED 200,000 the highest percentage of cases settled by the Penal Order legislation. Dubai is always looking for innovative ideas to help integrate everyday necessities and smart technology, the new service helps speed up the legal process of bounced cheques, to provide the people with a fast, effective and efficient judicial system.

    ]]>
    Wed, 09 Oct 2019 10:06:00 GMT
    <![CDATA[updates on DIFC Courts]]> Recent updates on Dubai International Financial Center Courts

  • The Dubai International Financial Center (the DIFC) has introduces a flexible payment scheme for court fees that shall be payable 35% at the time of filing the claim, 35% at the time of the Code of Market Conduct ( the CMC) and the final payment shall be during the listing of the pre-trial review.
  • The DIFC Courts conducted a survey in order to understand the preferred and suitable shift timings for the practitioners. In the survey, it was noted that 64% of the ones who participated in the survey considered the time to be from 10 am to 4 pm. However, pursuant to obtaining feedbacks, the DIFC Courts extended the timings from 8.30 am to 4 pm only from Sunday to Thursday.
  • Thirdly, in the third quarter of 2019, the DIFC Courts established a mechanism where on the website, the users have an option for submitting their feedback, complaints and suggestions in order to enhance the services and efficiency.
  • The DIFC Courts have also made appointment of two new judges for expanding the specialty and availability for the judicial bench. The new judges are from Australia and their ceremonies shall be taking place in October 2019.
  • ]]>
    Tue, 08 Oct 2019 04:41:00 GMT
    <![CDATA[Europe – Risk Factor Guidelines]]> Europe – Risk Factor Guidelines

    In any prospectus, risk factors have always been a way to mitigate liability for the information contained in it. This has been misused and manipulated for a layperson to thoroughly understand due to the lengthy description in addition to legal jargon and ambiguous phrases. On 1st October 2019 European Securities and Markets Authority have proposed and finalized new guidelines on risk factors. Competent authorities in the EU are expected to comply with these guidelines to facilitate their review of risk factors. These guidelines are to be complied with from the 4th of December 2019; however, many authorities have already been observing these guidelines referring to ESMA's final report as guidance. The new guidelines provide guidance to both the content and the presentation of these risk factors.

    As for content in relation to risk factors; they must:

    • Describe the relevant risk and not just mention generic factors or boiler-plate clauses
    • Be clear about the quantitative or qualitative disclosure
    • Demonstrate the above factors even if disclosed elsewhere in the prospectus in a clear manner

    As for presentation about risk factors; they must be

    • Categorized
    • Focused
    • Listed in summary in each category

    This concept is detailed in the guidelines passed in 2019 with comprehensive examples by ESMA which is to be followed by competent authorities.

    ]]>
    Mon, 07 Oct 2019 12:00:00 GMT
    <![CDATA[Hong Kong - New arbitration benefit]]> Hong Kong - New Arbitration Benefit

    Arbitration is a new fast-growing trend picking up in different jurisdictions with obvious advantages such as international and amicable resolutions at a lower price. Hong Kong is one of the most popular arbitration seats in Asia, which hears international cases for dispute resolution regularly. On the 2nd of April 2019, the courts saw a momentous milestone when the Hong Kong Government signed an agreement that came to be known as Arrangement concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of Mainland and the HKSAR. This was passed to enable Hong Kong to have an agreement with the People's Republic Court (PRC) of China for temporary help with arbitration. Before this Agreement, PRC could not grant such interim help to other jurisdictions, thus making Hong Kong the first jurisdiction outside Mainland China to benefit from this new aid.

    Scope of the Agreement:

    The Agreement covers only three areas of interim measures for now, namely:

    • Property preservation
    • Evidence preservation
    • Conduct preservation

    This extends to arbitral proceedings commenced in institutions established in Hong Kong but does not extend to ad hoc arbitration. As per the agreement, PRC arbitrations can benefit from the interim aid provided by the Hong Kong courts. An application under this Agreement provides that arbitration will be conducted according to the law of the place requested. It can be requested either at the Intermediate People's Court of the residence of the respondent or where the matter disputed is located. There is no specific time limit for using interim measures to determine applications, however, with regards to asset preservation PRC courts are to make a decision within 5 days of receiving an application (provided they have accepted it). As for security, PRC court order security to be provided prior to granting an interim aid. As per this Agreement, an award can be enforced only if it is recognized by the PRC court under the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region which was signed in June 1999.

    Prior to this Agreement, for parties to benefit from the interim aid offered by the PRC court the proceeding must be brought only at the PRC seat of arbitration. The Agreement now enables Hong Kong arbitration to benefit from the aid thus promoting international relations and economic growth in Asia.

     

    ]]>
    Sun, 06 Oct 2019 02:33:00 GMT
    <![CDATA[Hong Kong - Application for an Anti-Suit Injunction]]> Hong Kong -  Application for an Anti-Suit Injunction

    In the ongoing case of Dickson Valora Group (Holdings) Co Ltd and another vs Fan Ji Qian [2019] HKCFI 482, the Court was looked with a notable  application for an anti-suit injunction, whereby the Hong Kong Court was welcomed to injunct procedures in the People's Republic of China (PRC) on a novel premise.

    The first Plaintiff is a joint venture company (the Company) formation of which took place by Moravia CV (Moravia), a Mexican owned corporate vehicle, and Dickson Holdings Enterprise Co Ltd (DHE), a corporate vehicle possessed by the Defendant. Moravia, DHE and the Company went into an shareholders' agreement overseeing the activity of the Company and its completely claimed backup, the second Plaintiff. The investors' agreements was thusly enhanced and altered by an supplementary agreement and different addendums to the same. Of specific importance to the application was the way that the investors' understanding contained an intervention proviso for mediation in Hong Kong.

    The parties' relationship came to an end. In June 2018, unknown to the Plaintiffs, the Defendant started procedures against the Plaintiffs in the PRC under the third addendum to the agreement. One of the conditions in this addendum accommodated a triumph charge to be paid to the Defendant, despite he was not involved with that understanding or to be sure any of the strengthening and investors' understandings. After finding the presence of the PRC procedures, the Plaintiffs' challenged the jurisdiction of the Court (based on the intervention provision). This test was dismissed by the PRC Court. Presently, the Plaintiffs applied in Hong Kong for an anti-suit injunction against the Defendant. The Court, having thought about the accompanying issues, allowed the suit.

    ]]>
    Sat, 05 Oct 2019 03:56:00 GMT
    <![CDATA[Hong Kong’s Litigation Funding Agreements]]> Hong Kong's Litigation Funding Agreements - Raafat Imam v. Life (China) Company Limited and Others [2018] HKCFI 1852

    Prosecuting in Hong Kong to implement one's rights and privileges can be costly. Against this scenery, can an offended party of limited financial means go into an third party civil action funding agreement to support his case? The appropriate response is exceptionally certainty delicate, and hence questionable. Looked with such vulnerability, can that plaintiff request that the Court award a declaration that a proposed funding agreement does not offend the law denying support, and have that agreement endorsed in advance?

    This is the thing that occurred in the ongoing case Raafat Imam v. Life (China) Company Limited and Others. Judge sitting at the Court of First Instance, acknowledged the influential contentions driving the lawyers, and held that, on the realities of the case and maybe by and large, the appropriate response is in the negative.

    The scholarly Judge communicated the view that in choosing whether the Funding Agreement would draw in criminal obligation for champerty, the Court would need to think about various realities over its terms – and it is difficult to decide such issues in an interlocutory application.

    His Lordship thought about that the Plaintiff's supposed impecuniosity seems fake, and the reason for the access to justice exception is to guarantee that a prosecutor can access justice, not to encourage access to his optimal or favoured legal representation, anyway that was something the Plaintiff was wanting to accomplish. It is after all not the Court's capacity to balance litigation power between the Plaintiff and the Defendants.

    This choice is critical to both parties, funders, and to be sure all Court clients. The Court thought about that it is generally improper for potential offended parties and additionally funders to look for the Court's approval on whether a proposed subsidizing understanding would annoy the law disallowing upkeep and champerty or potentially fall inside the perceived special case identifying with access to equity. This implies if any parties or funders wish to go into a case financing agreement, they would need to do it at their very own dangers. It is fitting that these dangers are considered into the business terms of the subsidizing understanding itself.

    ]]>
    Thu, 03 Oct 2019 12:00:00 GMT
    <![CDATA[New legislation governing minimum wages for Indian workers]]> New legislation governing minimum wages for Indian workers

    India is the second most populated country in the world, with a huge working-class consisting of national and international workers. This implies that fairness for these workers must be made paramount by the government, as they contribute to the economic growth of the country. Wages relating to minimum wage in India can be traced back to the early '90s with Minimum Wages Act 1948 as a starting point. The 1948 Act laid out minimum wage for both skilled and unskilled labors. The minimum wage set was to be 'fair' enough to enable the standard of living of an individual with dignity. This Act, which gave both the State and Central Government power to amend laws regionally in accordance with the circumstances, has been remedied plenty of times in different states. As a result, there is no unified minimum wage nationally. However, research shows that 42% of the working-class receives lesser than the fixed minimum wage in India.

    With the view of stabilizing wage law across the country, the Rajya Sabha passed legislation on 2nd August 2019. The bill is known as the Code on Wages, 2019, and was first presented by the minister of labor in the Lok Sabha on 23rd July 2019. The Code effectively amends and replaces four legislations, namely:

  • the Payment of Wages Act, 1936,
  • the Minimum Wages Act, 1948,
  • the Payment of Bonus Act, 1965, and
  • the Equal Remuneration Act, 1976.
  • The Code on Wages 2019:

    In a nutshell, the Code gives the Central Government power to make wage-related decisions for specified industries such as railways, mines and oil fields, etc. The State Government, on the other hand, is given power to make decisions for other industry employment. There exists a concept of 'floor wage' which is decided by the Central Government depending on the industry and living standards of the employees in question. The floor wage acts as a base wage, and the Code strictly prohibits minimum wage from falling under it. The State Government uses the floor wage to decide on regional minimum wages. There are different factors considered while fixing the minimum wage. General factors are the skill and difficulty of the worker.The Code also covers the working hours of the employees; their overtime pay, hours of employment, method of payment (coins/notes/bank credit/electronic transfers/cheques), so on, and so forth.

    With regards to deduction of salary of the employees, the Code states that the employer can deduct salary due to absences or entitlement (and similar reasons), however, the deduction should not fall below 50% of the total wage of the employee. Furthermore, the Code also states that of the wages do not exceed a particular amount of Indian Rupees, the Central and/or State Government should be notified and they would consider if the employee is eligible for a bonus. Such a bonus would be a minimum of 8.33% or a sum of hundred Indian Rupees whichever is higher. The maximum amount of bonus is capped at 20% of the annual wages of the employee.

    The Code also strictly observes policies against gender discrimination and reinstates that wages and recruitment are to be decided on the factors contributed by the employee and not his/her gender. The Code also contains sections for how the advisory board of members relating to minimum wage is to be structured and lists out offense penalties for employers who fail to follow and uphold the Code.

    There is yet to be a law passed to unify minimum wages all across the country due to the difference in the standard of living in each state. It is important to note and appreciate that the Government of India is taking an effort to pass new legislation regarding minimum wages in par with the economic conditions of the country.

     

    ]]>
    Wed, 02 Oct 2019 12:00:00 GMT
    <![CDATA[Sharjah Regulation Concerning Education Industry]]> Sharjah Regulation Concerning Education Industry

    Introduction

    Sharjah is one of the most significant Emirates in the UAE. It is not the largest or the wealthiest, though it has a considerable population and is closely connected with Dubai. However, the Emirate also has a strong identity of its own, and it places a high value on education and future preparations. With everything considered, Sharjah has seen great success through the years and looks to set itself apart from other Emirates in specific areas in the coming years.

    One of the areas that are highly valued is the previously mentioned education industry. Education guarantees the future as it causes an eventual rise in educated professionals. This rise then further allows industries to prosper and nations as a whole to progress. While many western countries are known for their high standards, the UAE has taken leaps in recent years to try to achieve similar levels of success.

    Sharjah, in particular, has made substantial legal changes and brought about continuous regulatory support for the industry. Most recently, a new law is to receive an introduction which seeks to further the progress. That regulation is summarised as follows.

    Law Number 19 2019

    The Administrative Law Number 19 of 2019 concerns private education is Sharjah. The law aims to provide a more significant amount of regulatory power to the government. This increased power will ensure a more regulated system, thus leading to higher and more consistent standards.

    Training of individuals in the sector will also be compulsory, and the legislation will provide enforceable powers to public entities. Altogether, the hope is that a more appropriate environment will arise and cause the quality and standards to improve in the private sector.

    For them to enforce the changes, fines will be provided to any who do not abide by the changes. The alterations and introductions cover the Emirate of Sharjah, including its free zones.

     

    ]]>
    Tue, 01 Oct 2019 04:43:00 GMT
    <![CDATA[New UAE Regulation Concerning Employment of People of Determination Introduction]]> New UAE Regulation Concerning Employment of People of Determination

    Introduction

    Human rights are intended to support all individuals around the world. These regulations look to what is considered as basic needs. They apply to people regardless of background or physical or mental disability. In the workplace, discrimination or mistreatment for any reasons beyond the ability to complete the work itself is not permitted, and most developed nations have legal systems in place to enforce or punish entities that do not follow the regulations.

    The UAE has a rapidly growing economy, and it receives significant international attention. This attention arises partly because of the friendly nature of the legal systems, which are among the best developed in the region. The nation has legislations concerning people with disabilities, though improvements are regularly arising.

    While there are regulations in place, there is room to improve and specify the different points. A new manual has been produced with the requirements of employers receiving introduction and definitions. The new changes are summarised as follows.

    UAE New Manual                                  

    The objective of the manual is to empower people of determination by ensuring they receive appropriate treatment by employers and also receive necessary assistance with seeking roles. Beyond this, the process will allow the government to create a database. It will collect information on the needs of the individuals in the country.

    The manual also specifies different forms of empowerment methods. There will arise employment programs for people of determination and rehabilitation systems to maximise their abilities and ensure they are as employable as anyone else. Further to this, training programs will exist to best prepare for actual interviews and jobs.

    UAE Law Number 29 2006 is the fundamental law concerning the rights of individuals with disabilities and the manual looks to enforce the law in its totality.

     

    ]]>
    Mon, 30 Sep 2019 12:00:00 GMT
    <![CDATA[New Law on Competition in Kuwait]]> New Law on Competition in Kuwait

    The Kuwaiti legislators are currently undertaking a critical analysis of the newly established competition law. This legislation shall grant broad powers to the Competition Protection Authority (the CPA) of the country. It will certainly be instrumental in encouraging enhanced investments in this Gulf state. The Ministry of Commerce (the MoC) is speaking of more amendments in order to welcome more investments into creating a more investor friendly business environment. The CPA has off late joined hands with myriad of corporations to put the government body back on track. The CPA is a body run by the state government which is monitoring the operations in the domestic market, in consonance to serving consumers and producers.

    The CPA was established via the Law Number 10 of 2007 regarding Protection of Competition, where the provisions were issued under the Council of Ministers Resolution Number 106 of 2009 and further amended by the Council of Ministers Resolution Number 994 of 2015. This law regulates the protection of competition. The law further applies to all the entities including the international persons who conduct businesses in Kuwait and to natural and artificial persons like merchants, etc. the law ensures that the fact that the freedom to practice economic activities, shall not come in the way to curb free competition or preventing the harm.

    ]]>
    Sun, 29 Sep 2019 06:27:00 GMT
    <![CDATA[UAE Discussing Passing Federal Climate Change Regulation]]> UAE Discussing Passing Federal Climate Change Regulation

    Introduction

    The UAE experienced tremendous growth over a brief period since it gained independence in 1971. It has become a global power and a beacon of international business in the Middle Eastern region. In this time, the Emirates within the nation have arisen to specialise in a variety of areas. Dubai is the globally famous business hub, while Abu Dhabi is the capital and has vast amounts of oil and wealth. Overall, the country has demonstrated significant diversity throughout.

    Entering on to the international scene presents its requirements and tasks for a country to consider and accomplish. One such area is that of climate responsibility. Pollution will no doubt arise, and energy demands soar. The nation, along with most developed jurisdictions around the world, are currently looking into methods of reducing our impacts on the climate.

    The UAE is no different. There have already arisen initiatives across the country and region which show tremendous progress. An example of the efforts include the planned Masdar City which looks to have as little a carbon footprint as possible. However, a recent announcement has occurred, and a new regulation concerning climate change is soon to be introduced.

    UN Climate Action Summit                   

    The new climate change regulation was initially brought during the Climate Action Summit. This event took place during September of 2019, and many essential entities and governments from around the world introduced and discussed potential future regulations and changes that are to occur.

    The new UAE regulation looks to instil a higher level of responsibility among entities that plan and develop projects throughout the nation. Before any construction commencing, the risks must be identified, and methods of mitigation should be assessed. The UAE further announced that it would be joining the Global Commission on Adaption to further their cause.

    This regulation is a crucial step in leading to a cleaner future for the UAE. Though no date has yet received specification for the upcoming law, it will likely receive great importance.

     

    ]]>
    Thu, 26 Sep 2019 05:38:00 GMT
    <![CDATA[Law Issued Concerning Joint Ownership of Real Estate]]> Law Issued Concerning Joint Ownership of Real Estate

    Introduction

    Dubai is arguably the most diversified of the UAE's Emirates. In the years since the countries 1971 independence, the Emirate is the most famous around the world. Ask most around the world of the UAE, and Dubai will be the first topic to come to mind. This fame has arisen in a brief span and is a rare occurrence in the world today. Few other nations have seen such rapid and substantial growth, and this has put the country in an exciting position.

    Dubai is a globally renowned business hub and attracts foreign entities as well as large numbers of expatriates. While business and tourism are huge for the city, Real Estate is another area of great renown. Some of the most famous buildings and landmarks are found in Dubai, and various property types are found within.

    The legal structure behind the Real Estate sector is well developed, though there is always continuous improvement and addition. The new legislation is soon to receive an introduction, and it revolves around the concept of Joint ownership. A summary of the information available currently on the topic is presented in the following update.

    Law Number 6 of 2019                          

    The new law, Law Number 6 of 2019, is being issued and applies to all significant Real Estate Developments as well as jointly owned properties across both the nation's mainland as well as throughout the free zones and special development zones.

    The law will introduce a register held by the Land Department of Dubai. All jointly owned properties will enter the record along with all information regarding the developers, and more will accompany it. Information such as the percentage ownership and utility responsibilities of the developers will also be stated.

    The legislation aims to provide a highly competitive framework in the Emirate. All developers are required to submit necessary paperwork and documentation to the Land Department within 60 days of a project's completion. A further 30 days can arise in specific cases where required.

     

    ]]>
    Wed, 25 Sep 2019 12:00:00 GMT
    <![CDATA[Dubai New Plan Concerning Future of Emiratisation]]> Dubai New Plan Concerning Future of Emiratisation

    Introduction

    The UAE and the Middle East, in general, have one area that they share in common and it also differentiates them from a considerable proportion of the rest of the world. They have gained significant international traction and made their names in only the last few decades from an economic and business standpoint. This fact has resulted in a considerable number of people setting up businesses and coming to work from abroad.

    The UAE specifically, has an expat population of close to 8 million. Expatriates make up over 80% of the entire nation. To live in the country as an expat, one must obtain a visa through a job or company. This case means that millions of posts are covered by foreign individuals, which raises questions for the Emirati nationals.

    To ensure that the people of the country benefit from the global interest and business, the concept of Emiratisation arose. This rise has occurred in recent years to ensure the locals can find jobs. However, the idea is still evolving, and new introductions are being regularly made. The most recent of these in Dubai, and is summarised as follows.

    Pursuit of Emiratisation

    While Emiratisation currently gives businesses goals and requires specific amounts of Emirati personal within each company, more steps must be taken. To ensure the people of the country are employed, processes and initiatives must exist at all levels. Dubai has recognised this in its recently announced plan.

    Education and training will soon come into effect, which will more greatly prepare the people of the country for different types of jobs across a multitude of industries. The hope is that this will ensure all working-age Emiratis can meet the standards now expected in the bustling city of Dubai.

    There will also arise further incentives to private sector entities which will make Emirati employment more attractive than ever before. There is no date for the introduction of these plans yet, though it will likely come into effect soon.

     

    ]]>
    Tue, 24 Sep 2019 05:33:00 GMT
    <![CDATA[New Law Concerning Erada Rehab Centre Issued]]> New Law Concerning Erada Rehab Centre Issued

    Introduction

    The UAE is a very young nation. It is currently within only a few years of being 50 and considering this, the development that has taken place in such a short time is remarkable. One of the most important if not the most critical areas to develop is the legal systems and social developments for the populous. These ensure that systems are in place, and entities can enforce them.

    With significant legal and social developments, there comes a lot of good, though there are also numerous issues to consider. One such topic of concern is that of alcohol and substance abuse. As the problem becomes more prominent, official solutions must arise as a response. While the UAE is not a nation that has a drug and alcohol-related issue, developments to help those in need are still being made and added to regularly.

    A new law has been issued which covers the Erada Rehab Centre. This centre is responsible for helping those afflicted with addiction issues, and the new law will improve upon it. The changes to receive introduction can be summarised as follows.

    RERA Law Update                                  

    The Erada Rehab Centre was established through Law Number 5 of 2016 in Dubai. The purpose of the centre is to treat those with substance abuse or alcohol problems, though this is not their only goal. They are also responsible for planning policies and strategies to allow for better handling of such matters throughout the Emirate and the nation as a whole.

    The law specifies details such as the admission process for individuals who enter the centre. The process can also receive approval through a public prosecutor if the need should arise. If courts should decide it, they can pass judgement requiring individuals to attend rehabilitation. Discharge can also occur after two years or if the court or a specialist requests it. Further to this, an individual wishing to enter into the centre for rehabilitation will not be subject to prosecution unless they refuse to hand over any drugs in their possession.

    The law will receive addition into the national Gazette and will come into effect immediately upon this occurring. However, the exact date is currently not specified.

     

    ]]>
    Sun, 22 Sep 2019 06:20:00 GMT
    <![CDATA[Use of Anaesthetics in Kuwait]]> Use of Anaesthetics in Kuwait

    Kuwait has announced the establishment of a new technical committee to review the use of anaesthetics in the state. The announcement was made by the Health Minister in the form of a Ministerial Decision, wherein, patient safety procedures involving the use of anaesthetics during surgery and dental procedures will be reviewed by the committee. This has been initiated following the unfortunate incident of a death of a child at a dental clinic, who was given local anaesthesia as part of the treatment.

     

    The Committee will be led by the Chairman of the Anaesthesia Department's Council, the Head of the Anaesthesia College at Kuwait's Institute for Medical Specialities, the Ministry of Health's Undersecretary for Technical Affairs, the Director of Quality and Approval, the Director of Drugs Registration and Supervision, the Director of Dental Medicine Department and a Senior Legal Specialist. The objectives of the Committee are to review the procedures and the policies associated with local and general anaesthesia in hospitals, clinics and specialist centres, and must submit a report to the Health Minister within a month.

    ]]>
    Sat, 21 Sep 2019 12:00:00 GMT
    <![CDATA[UAE Issues New Regulation Concerning Real Estate Regulatory Authority]]> UAE Issues New Regulation Concerning Real Estate Regulatory Authority

    Introduction

    The UAE has grown at a considerable rate over the past few decades. It has risen from a small desert nation to one of the most recognisable countries in the world from many perspectives. The country is known to have significant oil reserves which have allowed it to prosper over such a brief period. However, some areas of the country, such as the Emirate of Dubai, have diversified to a great extent.

    For a nation to have a diverse economy, systems and entities must be established to enforce the regulations. For matters related to land usage, there exists the Land Department. There are many such departments in each separate Emirate.

    The crucial areas of diversification in Dubai include the likes of tourism and also Real Estate. As such, RERA or the Real Estate Regulatory Authority is a relevant entity. With the countries growth, changes are regular and inevitable. RERA is a subdivision of the Land Department and has recently received updates, which are summarised as follows.

    RERA Law Update                                  

    The crucial role of RERA is to regulate the relationships between the parties involved in Real Estate contracts. Further to this, they also provide licensing services and monitor projects. The new regulations offer particular restructuring to the legal system of the authority.

    Further to this, RERA now has additional responsibilities. They must integrate systems to contribute further to the Dubai economy. They shall also be responsible for overseeing Real Estate escrow accounts along with some further obligations.

    The law will be introduced into the local gazette and will enter into effect on the day of their publishing. The new law expands upon the responsibilities of RERA.

     

    ]]>
    Thu, 19 Sep 2019 05:28:00 GMT
    <![CDATA[Saudisation]]> Saudisation

    In an attempt to Saudise jobs in the Hospitality Sector, the Ministry of Labour and Social Development of Saudi Arabia has issued a decision to fill the management and specialist job opportunities with Saudi Nationals. Expected to come in force from 29th December 2019 onwards, 100% of the jobs related to reservation, purchase, marketing, and front desk in hotels that are three-star or higher and resorts, hotel suites and villas with a rating that is four-star or higher have to be filled by Saudi nationals.

     

    The requirement of Saudisation has several exceptions and does not apply to positions such as bellboys, parking valets, drivers or doormen. For supervisors in the field of food and beverages, room service, event section and laundry, at least one Saudi employee must be present. Furthermore, 70% of the roles related to Sales Manager and Events and Conference Sales Manager must be filled by Saudi Nationals. With importance being given to Saudisation, such initiatives will further boost such efforts thereby ensuring it's success.

    ]]>
    Wed, 18 Sep 2019 10:20:00 GMT
    <![CDATA[Letter of the New Season : UAE]]> Letter of the New Season : UAE

    His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai issued an open letter last week, titled "Letter of the New Season", highlighting the philosophy of the UAE Government, as that of achievers and having a mindset of "can do", wherein government officials were encouraged to spend more time with the public. The letter further emphasizes on how promoting misleading information about the UAE, that damages the reputation, on social media must stop. The policy of Emiratisation and the need to adhere to the policies of the Ministry of Foreign Affairs and International Cooperation, for the management of the nation's external affairs was reinforced.

     

    Pursuant to the letter, His Highness Sheikh Hamdan Bin Mohammed Al Maktoum, Crown Prince of Dubai and Chairman of the Executive Council, has instructed the General Secretariat to further strengthen the efforts of Emiratisation and issue a plan within two weeks.

     

    ]]>
    Tue, 17 Sep 2019 03:49:00 GMT
    <![CDATA[UAE to Introduce New Law Concerning Human Rights Establishment]]> UAE to Introduce New Law Concerning Human Rights Establishment

    Introduction

    Human rights are an oft-discussed topic and concern all people. These rights are viewed as the very base requirements all individuals around the world should have. The issue is a complex one, as the world becomes ever more complicated. Questions arise concerning what the limit of human rights are, though there are regulations around the world, such as the EHCR (European Convention on Human Rights) and others.

    The UAE is one of the most highly developed and well-known countries in the Middle Eastern region. It is an international beacon, attracting individuals and businesses from around the world. It has developed strong international relationships, and there is a substantial expatriate population present. Around 80% of the total population are expats.

    With such a considerable population of expats and an ever-growing international presence, the UAE has seen significant updates and introductions to its legal systems. This fact can also be noticed when one considers the young nature of the country. However, the growth and induction of legal systems, especially from a human rights perspective, have been substantial.

    New Draft Law                                       

    The Paris Principles initially received introduced in 1991 and concerned human rights regulations and maintenance from a global perspective. One of the crucial points that received attention concerned the forming of entities in countries to manage and ensure human rights are being observed to an appropriate degree.

    The UAE has recently announced that a draft law has been completed which looks to introduce a human rights establishment within the nation. The purpose of this institution is to enforce the human rights regulations and look into and resolve issues that arise.

    While the draft law has been completed, the exact date for the bill being approved and then introduced is not entirely clear. However, this is a crucial step in the right direction for the UAE, which will shine a bright light on their progressive attitude on the topic of human rights.

     

    ]]>
    Mon, 16 Sep 2019 11:41:00 GMT
    <![CDATA[Nutrition Labelling Policy]]> Nutrition Labelling Policy

    The United Arab Emirates is set to introduce a Nutrition Labelling Policy wherein packaged foods will be colour-coded (in either red, amber or green) in order to help understand the nutritional value of the product. This initiative has been launched in order to raise the awareness among the community with regards to a healthy lifestyle. On the basis of the colours, consumers will be able to identify the levels of calories, sugar, saturated fat, salt and other contents, thereby allowing them to make informed choices.

    Although this policy has been developed by the National Programme for Happiness and Wellbeing, in coordination with the Food Security Office, it will be implemented by the Emirates Authority for Standardisation and Metrology. The policy is expected to reduce the consumption of unhealthy food by 30%. The initial phase of the policy has been deemed to be optional in nature but from January 2022 onwards, it will become mandatory. The colour-coding of the labels will stand for the following:

    • Green: Low Risk & Healthy choice
    • Amber: Moderate Risk & must be consumed moderately
    • Red: High Risk & must not be consumed frequently

    The policy also includes canned foods, both solid and liquid and excludes fresh foods like fruits, vegetables, meat and fish. With research showing that more than 65% of the UAE population fall into the category of being overweight, this initiative will help promote the consumption of healthy food, which thereby will improve the public health.

    ]]>
    Sun, 15 Sep 2019 12:32:00 GMT
    <![CDATA[Offshore Drilling in Atlantic Ocean]]> Offshore Drilling in Atlantic Ocean

    The House of Representatives in the United States has passed two new bills that permanently ban offshore oil and gas drilling off the coasts of the Atlantic Ocean, the Pacific Ocean and the Gulf of Mexico. This measure has been undertaken in order to tackle climate change, wherein oil spills from drilling activities in the regions mentioned have further threatened jobs in the marine sector. A third bill, that aims to permanently ban drilling activities in Alaska's Arctic National Wildlife Reserve, will be voted on today.

     The Alaskan Arctic National Wildlife Reserve is renowned for its wildlife population, encompassing of polar bears, caribous and various other birds. The United States Government under the Trump Administration has endorsed a policy of easing the environmental regulations on emissions from oil and gas operations. There are voices of concern that say such policies will only increase the dependency the United States has on oil-producing states such as Saudi Arabia and Russia.

    ]]>
    Sat, 14 Sep 2019 12:00:00 GMT
    <![CDATA[New visa scheme: Saudi Arabia]]> New visa scheme: Saudi Arabia

    Saudi Arabia is planning to launch a new visa scheme as an initiative to attract international tourists, with the aim of opening the Kingdom to visitors from up to 50 countries, who will be allowed to apply for entry permits upon arrival. According to sources, as per leading news agencies, an event has been organized on the 27 September, 2019 for leading international travel and tourism experts that aims to showcase major Saudi tourist attractions and launch an advertising campaign of the same.

    Saudi Arabia has identified leisure tourism as an important part of the nation's Vision 2030, a nationwide plan to diversify the economy and reduce the dependency on oil. Until now, tourism in the nation has been dominated by pilgrimage to the Holy Cities and experts are of the view that by launching such a scheme, the tourism and leisure sector can contribute up to 10% of the Gross Domestic Product by 2030, by contributing more than $100 billion per year towards the economy. The event is also expected to feature a nationwide digital calendar for events and expand the concept of Saudi Seasons.  With work already underway on a luxury resort, situated on the Red Sea Coast, an entertainment city at Qiddiya, outside Riyadh and on visitor facilities at the historic AlUla area, the Kingdom is well on its way to achieving Vision 2030.

    ]]>
    Thu, 12 Sep 2019 06:04:00 GMT
    <![CDATA[Kuwait Law on Borrowing Finances Being Discussed]]> Kuwait Law on Borrowing Finances Being Discussed

    Introduction

    Kuwait is a nation that receives significant global attention for many reasons. It is highly wealthy, having among the largest oil reserves in the world. Similar to some of its neighbouring GCC and Middle Eastern countries, it has experienced substantial growth in just the last few decades. It is a modern marvel, and this has attracted many international businesses as well as expatriate workers, who make up around 70% of the total population.

    While the nation's wealth and subsequent growth over the past decades began due to the vast oil reserves present, the country has attempted to diversify its economy to safeguard its future. It has achieved this to a degree and continues to aim for true diversity.

    With this considered, it should not come as a surprise that from an economic perspective, the country has remained relatively stable through the years. The Kuwaiti Sovereign Fund is close to $600 billion. However, while there is this element of stability, the nation is still looking to ensure the legal systems and processes can sustain what has risen.

    Potential New Law

    The government is currently discussing a law on borrowing. The previous law ended in 2017, and a new one has not been agreed upon as of yet. However, things are starting to look favourable on this front, and an approved regulation seems to be on the horizon.

    There is little information at this point concerning what the new regulation will entail. However, the purpose would be to ensure the nation's General Reserve is protected from an over-abundance of borrowing.

    So while little is currently known about the legislation, it is only a matter of time before more information arises. The issue is one of great importance from an economic standpoint, and the government is aware of the significance.

     

    ]]>
    Wed, 11 Sep 2019 11:20:00 GMT
    <![CDATA[Kuwait Boat and Jet Ski Registration Regulation Update]]> Kuwait Boat and Jet Ski Registration Regulation Update

    Introduction

    Kuwait has a substantial expatriate population. Similar to the other GCC nations, it has a significantly above-average percentage from a global perspective. Around 70% of the populace are from foreign lands, and these people may live in the country for a considerable number of years. However, there are many regulations which apply only to nationals of the country and not residents.

    The country is a highly developed one which is recognised around the world as an attractive business location. It is also a location which presents great appeal for potential employees who wish to work and live there. The lifestyle that many hear of and expect in more senior positions can be quite lavish, and given the climate, boating and sea-related outdoor activities are common.

    One area in which the law is presented differently for residents and nationals is that of registering and owning boats and jet skis. It is not possible to register these at this time, though that may soon change with an upcoming regulation.

    Registration

    Residents will be much pleased to hear that it will soon be possible to register boats, jet skis and similar watercraft under their names. There are a few essential requirements to this, with the most obvious being that a valid resident's permit is needed.

    Law Number 46 of 1997 covers marine craft and will apply to any that are registered. Registration takes place with the Marine Transport Department, and the documents of ownership, insurance and identification are needed to be present.

    There is a certificate of ownership that the owner of the vessel must obtain which is available for KD 16 which is renewed for KD 6. So long as these base requirements are met, the registration is possible under the name of the expatriate resident.

     

    ]]>
    Tue, 10 Sep 2019 05:13:00 GMT
    <![CDATA[Oman: MoCI to Implement Specifications on Cosmetics and Personal Care Products]]> Oman: MoCI to Implement Specifications on Cosmetics and Personal Care Products

    The Ministry of Commerce and Industry (the MoCI) in Oman has resolved the implementation of the GSO 1943/2016 (the specification). This specification is on the cosmetics and the personal care products and will be implemented by 2020. This specification is set to come into effect after the end of the six (6) month period which was granted before and pursuant to the issuance of the Oman Ministerial Decision Number 128/2019 (the Decision). The main intention is to ensure that the products under the specification are all safe for the human usage. The specification is to be followed by complying a set criteria to make sure that the safety of the beauty products is maintained. It has been mentioned in the specification that the properties and the features must not be modified while in storage or in use and should be labelled correctly with the contents.

    The Sultanate of Oman makes a point that the beauty products and the personal care products are complying with the product requirements of the Gulf Standard Specification (the GSS). One statement issued by the MoCI, the decision to adopt the GSS standard was done based on the Royal Decree 11 of 2017. Article 1 of the Decree specifically mandates that the Omani standard for the safety requirements in personal care products and cosmetics should have all the GCC specifications. Further, Article 2 promulgates that an administrative fine which shall not exceed OMR 1,000 shall be imposed on the entities violating and the fine shall be measured twice in the event the offence is repeated. It is pertinent to note that if there is anything contradictory to the resolution or anything not consistent, it shall be cancelled.

    The GCC Standardization Organisation (GSO) is consisting of the National Standards Bodies of GCC member states.

      ]]>
    Mon, 09 Sep 2019 12:00:00 GMT
    <![CDATA[UK No-Deal Brexit Prevention Bill Passed by Parliament]]> UK No-Deal Brexit Prevention Bill Passed by Parliament

    Introduction

    Brexit has arisen in the news countless times since the initial June 2016 vote. This fact is especially true in recent months with the likes of the new Prime Minister being a crucial topic of discussion. As we approach the latest deadline of October 31, fears of a no-deal Brexit are showing up, and the nations MPs are attempting to prevent this outcome.

    Having been part of the EU for such a lengthy period of time, the regulatory structures and also economic and trade-related rights and processes are deeply ingrained in the UK system. There has never arisen any questions as to whether things will change. However, the extent to which things do change is an area which parliament has a level of control over.

    A no-deal Brexit is not the ideal situation and, and there are a few ways this can be combatted.  A recent Bill has arisen and is set to become law which looks to prevent such an outcome. This Bill is summarized as follows.

    Benn Bill

    Hilary Benn, an MP, presented this Bill which contains specific requirements which look to prevent a no-deal. The basic requirements of the Bill are as follows. The Government must reach a deal by October 19, or they must agree to a no-deal Brexit by the same date. If they are unable to do so, an extension to the deadline must be requested.

    The extension should provide a further three months to the UK, though if the EU proposes a different extension period, the Prime Minister must agree to this unless the House of Commons votes against the proposition.

    This extension should give the UK until the end of January 2020 to work on an agreeable deal, and for the moment should prevent any exit without an agreement.

     

    ]]>
    Sun, 08 Sep 2019 12:00:00 GMT
    <![CDATA[Singapore Work Injury Compensation Act Set to Arrive]]> Singapore Work Injury Compensation Act Set to Arrive

    Introduction

    Singapore is one of the most important and rapidly growing economies in the world. It has witnessed unparalleled growth in the span of just a single generation and transformed from a small fishing town to a sprawling metropolis. It is now one of the most significant financial hubs in the world and a highly developed nation.

    It attracts a substantial number of foreigners both as tourists and also expatriates coming for work, and the work situation and condition is still having additions made to it. The legal structures and processes in the country are well developed though improvements and changes are, as expected, discussed continuously.

    Considering the number of expatriate workers and also the reputation of the nation, the insurance regulations receive a great deal of attention. Work-related injuries and associated claim laws are being developed, and one of the latest bills to receive approval has expanded upon this.

    Work Injury Compensation

    Work-related injuries are a severe issue. It is the responsibility of the employers to ensure an adequate and safe space in which employees can concentrate without need for fear of excessive caution. The Ministry of Manpower has recently announced the upcoming introduction of a new regulation which will support employees on just this topic.

    The WICA (Work Injury Compensation Act) has recently been passed by parliament. The primary focus of the law is to provide all workers in the nation the ability to bring forward claims. These must come forward within a year of their occurrence. These claims relate to any accidents or diseases sustained at work.

    This introduction is a significant step in a positive direction. It will make Singapore an even more attractive prospect for potential employees already working there or looking to make a move. The Bill is set to receive its introduction in September of 2020.

     

    ]]>
    Thu, 05 Sep 2019 11:13:00 GMT
    <![CDATA[Abu Dhabi Construction Regulation Update to Bring Substantial Changes]]> Abu Dhabi Construction Regulation Update to Bring Substantial Changes

    Introduction

    Abu Dhabi is the capital state of the UAE, and it is also the largest Emirate by a considerable margin. It may not have the same name and global recognition as Dubai, though it is still wealthiest state and one of the wealthiest cities in the world. The land area is also the most substantial by a vast margin as it makes up almost 90% of the entire nation.

    Such a considerable land size gives the capitol a substantial area in which to expand and develop. Real estate is one front which can see significant growth and change. Urban development is considerable, and the legislations concerning it are ever-growing and improving.

    The DPM (Department of Urban Planning and Municipalities) was formed in 2018 by Law Number 5 of 2018 and is responsible for the urban development of the Emirate. Recently, new changes have arisen which look to propel Abu Dhabi in a direction which seeks to reduce construction costs for landowners. The introductions are summarized below.

    Reducing Costs

    The purpose of the new regulation changes is to reduce the construction costs for landowners. There are many benefits to this from both the perspective of the owners and also any potential leasers and individuals looking to purchase a property. The reduction in costs comes as a result of the following changes to regulations on property building.

    There are specific minimum requirements within the likes of a villa, such as minimum room sizes and certain types of rooms being a requirement in a property. One change though, states that a hallway will no longer make up part of the requirements. This change allows for the saving of space. There is also a more significant deal of freedom with regards to room sizes. The minimum values have received a reduction, allowing for greater flexibility.

    This summary covers just a few of the changes, though the premise is that there should be greater freedom for the owners to build properties as they require or want.

     

    ]]>
    Wed, 04 Sep 2019 05:45:00 GMT
    <![CDATA[Supreme Court of India issued Notice for allowing deposits of Demonetised Currency]]> Supreme Court of India issued Notice for allowing deposits of Demonetised Currency

    It is more than two and a half years that the Government of India (GoI) issued the ban of INR 1000 and INR 500 currency notes. Pursuant to that a fresh application in the form of a petition has been filed before the Supreme Court (SC) of India in order to seek direction for the Reserve Bank of India (RBI). This petition was filed with the intention of requesting the RBI to accept the demonetised amounts which were a part of the petitioners textile business.

    The SC bench comprising of elite judges went ahead and issued the said notice to the RBI along with other similar petitions which were already in pendency before the SC. It was alleged by the petitioner that he suffered huge losses as well as under Section 138 of the Negotiable Instruments Act. He had requested SC to pass an order for directing RBI to remit the amount in any of his bank accounts.

    ]]>
    Tue, 03 Sep 2019 09:38:00 GMT
    <![CDATA[Texas to Introduce Variety of Laws and Amendments]]> Texas to Introduce Variety of Laws and Amendments

    Introduction

    The US is a vast nation in terms of both land area and also population. This scale means that the regulatory structure of the country is very open in specific areas, and the individual states have a considerable level of autonomy. As such, laws and rules in one state may not exist or may vary significantly in other states, and changes arise regularly.

    Different states are known to introduce their latest legislation changes to varying points throughout the year, and we are arriving at the time when specific states are doing so. The changes brought about cover a variety of topic.

    The state of Texas will soon introduce a considerable number of new regulations and also amendments during the upcoming days. There are a significant number of minor changes, though there are also a few more notable ones. The changes can be summarised as follows.

    New Legislations

    One of the regulations relates to a tobacco product purchase. Currently, the minimum age requirement for one to purchase such products is 18, though this will receive a raise to 21. The products include cigarettes, e-cigarettes and any other tobacco products. Failure to comply with this change will result in a fine of up to $500.

    A ban will also be removed for the carrying of brass knuckles and other such similar self-defence items. These are often illegal in most other states, though this is set to change through the new HB 446.

    Another regulation (HB 234) will also protect 'Pint-Sized entrepreneurs'. Children under the age of 18 will be able to sell non-alcoholic drinks from stands on private property with no problem or repercussions.

    These regulations are not all set to introduce at the same time. While some will enter into effect immediately, others will arrive by the start of the New Year.

     

    ]]>
    Sun, 01 Sep 2019 06:06:00 GMT
    <![CDATA[Geo-blocking of online content after Brexit]]> Geo-blocking of online content after Brexit

    The Geo-blocking Regulation makes provisions for information to the business customers, consumers, regulators and traders about the government's plan in the event the Brexit deal does not take effect. The Regulations creates a ban on the blocking of access to and or force of redirection away from the webiste based on the user's EU nationality of the current place of residence is within the EU. Further it also prohibits the discrimination carried out by the traders which is based on the nationality or the place of residence of the user in case they are purchasing the goods via online market, or electronically supplied goods, for example, ebooks, etc. It also bans the services which are provided in a certain physical location. The regulations further prohibit the discrimination by the traders against the means of payments which is solely on its place of issue within the EU.

    It is pertinent to note that the traders from the United Kingdom or the EU or any other non-EU countries will be no longer obliged to comply with the regulations for the customers based in the United Kingdom. They will be facing any prohibitions as far as discrimination between the customer base is concerned. Which means that the trader can redirect the UK and the EU clientele to different website versions or offer different access terms.

    ]]>
    Sat, 31 Aug 2019 11:07:00 GMT
    <![CDATA[Aqdar World Summit will hold its third edition in Moscow]]> Aqdar World Summit will hold its third edition in Moscow

     

    The third edition of the Summit is set to be held under the scheme of Global Empowerment of Communities: Experiences and Lessons Learned. The Crown Prince of Abu Dhabi is aiming to highlight and understand the strategic topics in the areas of culture, education, tourism, society, trade and business and economy via specialised and expert workshops along with wit discussions and scientific sessions. The Summit is aimed to build policies and strategies to raise awareness regarding the challenges which are faced by the communities and the individuals. It will also create an international collaboration amongst the government entities and the industry partners.

     

    The Summit will feature the exhibition which will be attended by public and private companies and institutions for presenting and showcasing their services, which will benefit the community for increasing their knowledge. The Aqdar World Summit is arranged by the Khalifa Empowerment Programme, i.e. the "Aqdar" in cooperation with the INDEX Conferences and Exhibitions. It has partnered with the UN along with numerous local, international and regional entities.

     

    ]]>
    Wed, 28 Aug 2019 10:59:00 GMT
    <![CDATA[New Law to concerning Social Support Authority in Abu Dhabi]]> New Law to concerning Social Support Authority in Abu Dhabi

    The ruler of Abu Dhabi, His Highness Sheikh Khalifa bin Zayed Al Nahyan issued a new law regarding the Social Support Authority in the Emirate of Abu Dhabi. This Law makes provisions for the establishment of the authority with the feature of it having an independent legal personality and having a full fledged legal capacity in order to act and to follow the Department of Community Development. The Social Support Authority intends to provide the social support for the eligible people and to draft a strategy as well as a general policy to suggest the required control and standards for providing the social support under the government and submission of these regulations after the approval from the Executive Council. The Authority will also perform the social research and studies in consonance with the relevant authorities and assist in drafting of the necessary programmes. It will record a database for eligible persons and raise financial awareness while coordinating with the independent government bodies.

    This law was drafted in late 2018 and based on the Abu Dhabi Development Accelerator Programme "Ghadan 21". This Programme is on the basis of the four pillars of enhancement of trade and investments as well as the development of the community and promotion of th knowledge.

    ]]>
    Tue, 27 Aug 2019 01:47:00 GMT
    <![CDATA[Saudi Arabia Tender and Procurement Law Update]]> Saudi Arabia Tender and Procurement Law Update

    Introduction

    Tender and Procurement is a process often utilised by governments, which allows them to place specific jobs up for bid to the private sector. Work on such a scale is regularly competed for by many entities due to the relatively secure nature. However, this also means that the stakes are quite significant for the companies and entities bidding.

    Saudi Arabia had a regulatory structure in place concerning Tender and Procurement, and the law which has covered the matter first arose in 2006. Saudi is one of the most significant and vital economies in the world, though it has also seen profound changes to its legal structures to ensure it is on the level of the other world leaders.

    One such change is that of the law surrounding Tender and Procurement. To ensure more rapid and substantial growth of the economy, one area which must receive attention is that of preventing corruption of any form. The new law looks to do just that.

    New Tender and Procurement Law

    The new law will replace the original from 2006 and seeks to prevent any individual interests from influencing how the Tender and Procurement process is carried out and how the winners of the bids are decided.

    Under the new rule, there may now arise two forms of tenders. There is the standard Invitation to Bid, as well as the less common, Request for Proposal bids. RFP relates to products or projects with more unique requirements, and thus, more exceptional expertise is necessary. Price is not the only concern.

    There are also further changes to the methods of dispute resolution. The arbitration will be a primary method, and this will mean that disputes can receive settlements more quickly and with significant expertise. Further to this, termination of the contracts will now also be possible in the case of consistent delays and similar roadblocks.

     

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    Mon, 26 Aug 2019 06:09:00 GMT
    <![CDATA[Abu Dhabi Digital Authority launched]]> Abu Dhabi Digital Authority launched

    President His Highness Shaikh Khalifa has issued a law to make provisions for the establishment of the Abu Dhabi Digital Authority (the ADDA). This Authority will be directly have affiliations with the Abu Dhabi Executive Council and will be replacing the existing Abu Dhabi Systems and Information Centre (the ABSIC). The rights and the assets with the ABSIC will be dwell with that of the ADDA now, being its successor. The ADDA was promulgated under the Law Number 16 of 2019 where the new authority will have general policies, strategic plans and creative initiatives including specialised criteria for e-government. It is also ensuring that the domestic state departments comply with the execution of the policies relating to the e-government and transformation of the digital platforms as well as the conditions for the exchange of the governmental data and to ensure that the security of the information is in complete coordination with that of the relevant competent authorities.

    The ADDA is set to reinforce Abu Dhabi's digital potential and encourage the status of itself as that of an innovation hub for technology and services simultaneously ensuring the data security, server networks of the governmental departments and for working to improve the infotech adoption and implementation across the emirate.

    ]]>
    Sun, 25 Aug 2019 12:33:00 GMT
    <![CDATA[An initiative by DP World]]> An initiative by DP World

    DP World i.e. the Dubai Ports World recently confirmed that the Government of Djibouti has taken an action for motivating the country's apex court to disregard the previous rulings which are internationally recognised on the Durale Container Terminal SA (DCT). This move is considered to be violation of the international judicial system.  It is also evidenced that this initiative has called into the loop of question of any foreign investments in the economy currently as well as in the future. It is pertinent to note that since past three years, there were five successful ruling against Djibouti which were awarded by the London Court of International Arbitration (the LCIA) and the High Court of England and Wales.

    DCT and DP World have continued to uphold their legal rights in varied international legal environments. It was only early this year that Djibouti terminated it agreement with DP World to operate DCT. This was followed by an internal dispute that arose between both the parties.

    DP World has held this decision for the disregard of the precedents of the apex court to be null and void. DP World has issued previous notices confirming the validity of the Concession Agreement entered into in 2006 intimating others against the interference with the concessionary rights.

    ]]>
    Sat, 24 Aug 2019 12:00:00 GMT
    <![CDATA[Oman Regulation Concerning Adoption and Adopted Children Introduction]]> Oman Regulation Concerning Adoption and Adopted Children

    Introduction

    Many people have a goal in life to eventually have children and raise a family. However, this is a choice that can have more implications and complications than initially considered. Adoption is one option available. There are a significant amount of children who are orphans, and while their situations are often unfortunate, their lives can receive incalculable improvement through adoption.

    Oman is an Islamic nation, and so they have Sharia Law and Islamic values. One value taught is that of being kind to and not stealing from the wealth of an orphan. These children are to receive proper treatment. This idea is much the same when it comes to adoption. However, the Omani regulations on adoption and child rights are still receiving expansions.

    With this considered, Oman has recently introduced new amendments to prior regulations which look to provide adopted children with more excellent protection and more significant rights. The new rules are summarised as follows.

    Rights of Adopted Children

    Children who are adopted are not biologically related to their adoptive parents, though the relationships that grow are very much the same. The regulations that have existed rarely consider adoption, and so while the situations should be the same, the law must state this in clear language.

    The new amendment looks to provide adopted children with the same rights and protections as biological children. The authorities must also be permitted to make visits to ensure the child is receiving appropriate treatment. If any violations are found, the authorities will have the right to remove children from the custody of the adoptive parents.

    Further to this, the employment of children is not permitted at under 15 years of age in any way. Any work beyond this age is limited in what industry it can take place. A relative must also work in the same place.

     

    ]]>
    Thu, 22 Aug 2019 06:10:00 GMT
    <![CDATA[California Introducing Regulations on CRISPER Gene Editing Products]]> California Introducing Regulations on CRISPER Gene Editing Products

    Introduction

    Gene editing is a technology and development that has arisen primarily in recent years. It is a topic that is still to this day surrounded by controversy and many ethical question and concerns. However, progress has continuously occurred with countries such as China making significant though often highly controversial progress.

    CRISPR is arguably the most well-known and prominent forms of Gene editing technology that is studied. It has even begun to make it into more mainstream and public products. These products are often limited to small harmless experiment kits which ordinary people can purchase. They usually allow for experimentation with bacteria.

    With the entire concept being reasonably new, the legal systems in place around the world are somewhat limited to non-existent. This issue is especially real when it comes to products that utilise these technologies. California has recently decided to implement a new regulation on this topic, which is summarised as follows.

    Appropriate Labelling

    Products which utilise CRISPR technology are becoming more prominent, though the packaging and warning are not specified under the law. California is the first state in the US to introduce regulations such as these.

    The regulations will require warnings to be placed on the products telling customers not to use them on humans. There should be clear labelling stating self-administration is not safe. This labelling is for the protection of the general public as significant health issues may arise with product mistreatment.

    These types of warning are nothing surprising and very much expected. The only reason they have not arisen as of yet is due to the recent introduction of such products.

     

    ]]>
    Wed, 21 Aug 2019 05:43:00 GMT
    <![CDATA[Arbitration Committee of the UAE Football Association]]> Arbitration Committee of the UAE Football Association

    Consistently expanding public and private sector investment into the sports market, through prominent sponsorship bargains, interest in brandishing properties and fruitful offers for significant events, keeps on changing the locale into a noteworthy player in the global sports industry. Having a lawful foundation that supports such activities, especially in connection to the goals of questions, is essential to protect their long haul supportability.

    In broad terms, sports debates will, in general fall into two classes: commercial disputes; and discussions of a disciplinary sort. The former covers debates identifying with the execution of commercial contracts, for example, those are identifying with player transfers, broadcasting rights, sponsorship rights or the staging of sporting games. The former covers claimed infringements of a specific administering body's guidelines intended to ensure, in addition to other things, the honesty of its game, for example, doping and match-fixing. In the UAE, just as in numerous other GCC nations and following universal practice, sports disputes routinely allude to arbitration.

    The contract, as well as administering body's guidelines, will, for the most part, decide the suitable discussion for debates to be settled. Conventionally, first case disciplinary decisions are passed on by a non-arbitral dispute resolution chamber of the relevant administering body, more often than not with a privilege to appeal the decisions to an arbitral body either internally (i.e., an arbitral body set up by the overseeing body), nationally or internationally (e.g., the Court of Arbitration for Sport).

    Sports arbitration is another mammoth to commercial arbitration. This is to a great extent because of the abrogating goal to encourage consistency of choices and open endorsing, to maintain the respectability of game according to individual competitors and the overall population. Subsequently, bespoke arbitral bodies – on a domestic, national or global level – are fundamental to direct equity in the one of a kind setting of the game. Such institutions are valid as far as expense and time and help advance consistency in necessary leadership, which thus consoles financial specialists that the area's games market is full-grown, unsurprising and deserving of the venture.

    ]]>
    Tue, 20 Aug 2019 10:42:00 GMT
    <![CDATA[Egyptian Labour Law]]> Egyptian Labour Law

    The Labour Law Number 12 of 2003 (the Labour Law) is needed to undergo specific changes for being abreast with the existing practices and for avoiding the unwanted adverse effects on the employer-employee relations in the economy. The Labour Law replaced that previous Law Number 127 of 1981 and is being formerly getting negotiated at the Egyptian Parliament. The Parliament is discussing several amendments, but the promulgation date is still under substantial discussions.

    The main intention of reforming the Labour Law is not to decrease the rights of the employees but also to provide clarity and flexibility for the companies conducting business without the need for resorting to solutions that are unregulated. The Egyptian Parliament is also discussing the possibility of ventures which will attract international investors for an investment strategy.

    The existing regime which governs the labour relations has witnessed its self-inability for dealing with the ever-changing market practices and has been fairly obvious since the time it has come into effect. When compared to the previous law, the Labour Law has made prominent strides in the correct direction, but it still stays with not being able to deal with certain market tendencies.

    The Government has undertaken intensive and rigorous strategies for the improvement of the conditions for conducting business and setting up in the market. The steps are inclusive of administrative, legislative developments that have had a substantial and countable impact on the economic growth and the competition in the economy. But there are still improvements to be made for modernisation of the Labour Law.

    ]]>
    Mon, 19 Aug 2019 02:31:00 GMT
    <![CDATA[A new approach towards Egyptian Competition Law]]> A new approach towards Egyptian Competition Law

    The Egyptian Competition Law (the ECL) is playing a prominent role in ensuring that the market stability is safeguarded. This is in lines with the factor o achieving the new economic strategy. Egypt's newly launched economic policy confirms the main aim of ECL for focusing on the behaviour of the ones doing business in the sector and avoidance of any restrictions on the growth and the development.

    Several years showcase an effective and determined policy of enforcement from the Egypt Competition Authority (the ECA). The ECA is always pursuing its strategized mission for being instrumental for ensuring free and open competition together with prohibiting any kind of anti-competitive practices. This is intended to serve a healthy business environment for enhancing the growth of the national economy.

    Article 6 of the ECL makes provisions for an exhaustive list of agreements that are strictly prohibited amongst the competitors: -

    • Market allocation
    • Fixation of price
    • Bid-rigging and collusive tendering
    • Limit on producing and distributing the products

    ECL has adopted an approach where the agreement or the contract will be considered in breach even though it has come into effect. It was only in 2014 that the ECL underwent amendments for the introduction of a pre-exemption mechanism for the cartel agreements in the event an agreement or a contract leads towards achieving economic efficiency. It is highly pertinent to mention that these anti-competitive practices are subject to severe criminal implications which are subject to fines which are decided by the criminal courts.

    ]]>
    Sun, 18 Aug 2019 10:20:00 GMT
    <![CDATA[Dispute Resolution Centers in Kazakhstan]]> Dispute Resolution Centers in Kazakhstan

    Kazakhstan recently opened its doors to the new Astana International Financial Centre (the AIFC). The AIFC specifically aims towards the financial and professional services growth. The AIFC is a full speciality Kazak Free Zone, comprising of the institutions and the ever-growing commercial companies as well as the international firms. This will cover all the banking and finance aspects inclusive of the capital markets, private banking, asset management and Islamic finance. The official language of AIFC is English. This initiative is towards the aim of attracting international investments.

    The AIFC is focusing on the regions of Central Asia, the Eurasian Economic Union and Mongolia. The AIFC is a part of the country's participation in the 'One Belt, One Road' development and investment strategy. With its legal framework determined by the Constitution of the Republic of Kazakhstan, it makes applications towards the commercial and civil law and extends beyond the territories of the AIFC till Nur-Sultan. The AIFC has promulgated several regulations governing the companies incorporation, NPOs, banking and securities law, etc. It also covers contracts, insolvency, damages, remedies, etc.

    AIFC is optimistically projected for the growth of the financial sector in Kazakhstan, which is predicted for attracting investments worth USD 40 billion by the end of 2025. It is set to play a significant role in the country's aim to become one of the top developed economies by 2050. These initiatives have been laid for strengthening the commercial ties between Central Asia and the GCC as well as Kazakhstan and the UAE.

    ]]>
    Sat, 17 Aug 2019 09:35:00 GMT
    <![CDATA[Regulations for Financial Leases: UAE]]> Regulations for Financial Leases: UAE

    Leasing is considered an important aspect when it comes to the finances for the corporations, primarily in the cases of funds for the expensive capital equipment like the machinery, vehicular assets, equipment, aircraft, vessels, etc. and the individual for the financing of vehicular assets and real estates.

    The UAE Federal Law Number 8 of 2018 concerning the Law on Finance Lease (the Law) which was active from 1 January 2019. The Law has dealt with the concerns of introduction on a legislative base where the sector can considerably rely on.

    The Law makes provisions for the regulatory framework in order to conduct finance lease business in the United Arab Emirates. This Law is made applicable to all the financial lease relating to all the assets which are movable and immovable, including real estate, vessels, aircraft, vehicles, machinery, plants and equipment.

    Features of the Law:-

    • Registering the Finance Lease Contracts
    • Licensing
    • Delivering the leased asset
    • Prescriptive provisions relating to finance lease contracts
    • Selection of the supplier as well as the leased asset
    • Asset ownership

    The Law is welcomed with open arms in the regulatory division in the UAE legislative spectrum. The Law puts forth a legal framework to conduct the business of finance leases. The corporations which carry out this business are formerly encouraged to undertake a complete review of the contracts concerning the financial lease to ensure that they perfectly align with the law and the concerned banking regulations.

    ]]>
    Thu, 15 Aug 2019 02:34:00 GMT
    <![CDATA[Bahrain Regulations Concerning Journalist Protection Introduction]]> Bahrain Regulations Concerning Journalist Protection

    Introduction

    The Kingdom of Bahrain is a significant GCC nation and has one of the fastest-growing economies in the region. Over the years, it has become well-known as a tourist destination as well as a global financial hub. Among its neighbouring countries, it is also considered the freest nation and has diversified its economy to a high degree.

    The country also has a large population of expats and receives global recognition and news coverage regularly and when the need arises. However, beyond the international news attention and coverage, there are also many journalists within the country.

    A new draft law has arisen, which looks to make specific changes to the treatment of journalists in Bahrain. These specifically relate to their safety when reporting on issues and topics that are more controversial and opinionated.

    Journalist Protection

    The duty of journalists is to report the truth and news to the general public. However, such reporting is not always attractive and may bring negative attention to matters. However, it is not the journalist's fault themselves that the stories arise. Issues occur and must be covered, and punishing journalists for expressing opinions or facts is an issue around the world.

    However, it is an issue that Bahrain is looking to put an end to. The upcoming law would seek to prevent harm from occurring towards such individuals. They cannot be forced to disclose their information sources and cannot receive jail time.

    If matters are more serious though, such as those which would cause harm to the public or statements that would insult the nation's religion or ruler, fines are still applicable. These range from between BD 5,000 to 50,000.

     

    ]]>
    Wed, 14 Aug 2019 03:28:00 GMT
    <![CDATA[Oman Privatisation Protection for Omani Workers]]> Oman Privatisation Protection for Omani Workers

    Introduction

    Oman is a crucial GCC nation and is renowned around the world for internationally open and business-friendly nature. It is a relatively small nation with a population of around four and a half million, though it is well developed and experiences regular growth.

    Oman's population is somewhat different in its makeup than its neighbours. Its population consists of around 45% expatriates, and while this is significant, it is much lower than the likes of the UAE, Kuwait and Bahrain.

    Recently there has been a significant push for privatisation in the country. A crucial reason for this is as follows. It will allow for higher levels of government freedom as well as more economical processes in the areas that are privatised. However, before privatising in such a way, it is essential to consider all individuals involved and make appropriate plans.

    Protecting Employees in the times of Change

    Privatisation brings about many changes, with the most obvious being a change in management and leadership. Organisations and government branches involved will see numerous changes. The one to bear in mind here is that many employees may lose their jobs due to the streamlining of organisational structures and more.

    The new privatisation regulation looks to provide security to those who will likely be impacted. In Oman, The Public Authority for Privatisation and Partnership is a vital organisation in ensuring just this. The primary goal is to make sure as many jobs are retained as possible, though if this is not possible, settlements should be reached.

    This change is to receive its implementation alongside the overall privatisation efforts. Further to this, the PAPP is to play a crucial role and mainly manage the matter.

     

    ]]>
    Thu, 08 Aug 2019 05:36:00 GMT
    <![CDATA[Singapore Convention on Mediation to Enter into Effect Soon]]> Singapore Convention on Mediation to Enter into Effect Soon

    Introduction

    The UN is one of the most significant international organisations. Their purpose revolves around ensuring and maintaining international peace and cooperation, and through them, numerous international treaties arise.

    International treaties require all related nations and states to sign and ratify the agreements before they come into effect. The reason for this is due to the sovereign nature of different states. Countries are above the power of even international authorities and entities. As such, for any global regulation to have an effect, the nations must sign and ratify.

    A recent UN treaty is the Singapore Convention on Mediation. It is named after Singapore though it is an international agreement. A total of 46 states attended the signing ceremony, including world leaders such as the US and China.

    What the Treaty Entails

    The treaty is also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation. Mediation is becoming ever more popular globally as an alternate form of dispute resolution.

    The purpose of the agreement is to bind the nations who sign it. They are bound to enforce mediation agreements that have arisen in other countries. The treaty will, therefore, provide international power to any resulting settlements within the selected nations.

    The treaty will come into effect once three nations have ratified it, and considering the nature of the agreement, this is expected relatively soon. An exact time frame is not known at this time, and further nations may sign up in time. However, within the next year, Singapore may well ratify it.

     

    ]]>
    Wed, 07 Aug 2019 05:08:00 GMT
    <![CDATA[Jebel Ali Free Zone Virtual Dubai Labour Court Connection]]> Jebel Ali Free Zone Virtual Dubai Labour Court Connection

    Introduction

    Jebel Ali Free Zone (JAFZA) is among the world's largest Free Zones. The location is in Dubai, which is the business centre of the UAE. There are approximately 30 Free Zones in Dubai, and the city in itself is exceedingly attractive to foreign investors. This fact is demonstrated by the substantial expat population, as well as the international image the Emirate presents. When one considers that it is among the most diversified economies in the region, the picture becomes clear

    Jafza stands out due to its history and substantial scale and scope. It first began operation in 1985 and has remained a leading Free Zone since. The Zone has its legal systems, though it is mostly similar to those of the mainland.

    A recent Memorandum has received approval and signatures between Jafza and the Dubai court. The changes accompanying this look to improve and court processes and ensure the best and smoothest experiences possible in the busy modern business environment.

    A Virtual Court for the Modern World

    Jafza has recently signed a Memorandum of Understanding (MoU) with the Dubai Labour Courts Service which will allow for a virtual court to be formed. Courts have always appeared as entities that are unchanging with procedures being time-consuming and meticulous. The law certainly requires such a system and attitude from the courts, though progress does arrive.

    This MoU will give rise to a virtual court system which will allow for cases to be held without requiring individuals to attend a physical courtroom. The hearings would still have a specified time, though they would occur through online broadcasting means.

    The purpose of this update is to create a more modern and cutting edge system which provides smoother and faster services in the Jafza Free Zone.

     

    ]]>
    Tue, 06 Aug 2019 03:44:00 GMT
    <![CDATA[India Introducing New Minimum Wage Regulation]]> India Introducing New Minimum Wage Regulation

    Introduction

    India is one of the most significant countries in the world. It has the second largest population of any nation, with over 1.3 billion individuals. Further to this, it is among the fastest-growing and largest economies in the world, currently at rank number six. It is poised to move up those ranks in the coming years.

    However, the country is also one which is still developing in terms of its economy and even its regulations. It has a low GDP per capita compared to the other top global economies, and there are further matters to consider, including the high levels of corruption.

    Progress, though, is one area which is not lacking, as is evident from the rapid economic growth. The regulations and systems in place are continually being evolved and added to and updated. One area which has recently seen a change is that of the Labour Law and the concept of the minimum wage. Regulations have arisen in the past, though a significant change is on the horizon.

    New Minimum Wage Regulation

    A minimum wage has existed in India for some time now. The rate is Rs 176 per day, though this is not a strict amount. Authorities may choose lower rates for specific regions, and around six have done so; considering the hundreds of millions of individuals affected working in the nation, the new regulation is set to arrive soon.

    The Indian parliament has just recently passed the law to introduce a new fairer minimum wage system which hopes to deliver living wages to all. All sectors are covered, including those who previously weren't required to follow the Rs 176 minimum.

    Exact details about the new minimum wage are yet to be announced, though the news will receive a warm welcome by the millions around the nation it will help.

     

    ]]>
    Mon, 05 Aug 2019 03:27:00 GMT
    <![CDATA[New and modified rules for the registration of Wills in UAE]]> New and modified rules for the registration of Wills in UAE

    The Dubai International Financial Centre (DIFC) Courts recently made an announcement towards the amendments to the rules of registration of wills in UAE. These rules will accommodate both the residents and the investor assets for the whole of the emirates together with assets which are held outside the country. DIFC Courts also confirmed that existing wills are eligible fro a free of charge amendment service byt the Court's Wills Service Centre. The Government of Dubai and the DIFC Courts have recognised this urgent need for an enhanced legal solution for the Non-Muslims in country where amost eight million expatriates reside. This initiative will provide peace of mind to the investors and the residents as well as encourage the expatriate talent and investments.

    The DIFC Courts launched this service in the year 2015, where an ancillary service via the form of Wills Service Centre (the Wills Service). It is a joint initiative of the Government of Dubai and the DIFC Courts. This gives non-Muslims residing and investing in UAE with an option to bequeath their property to their heirs as per the terms of the Will. This service makes sure that the assets and the properties are distributed to the heirs as per the wishes and consent of the person bequeathing. DIFC Courts has registered moreover 5,000 wills.

     

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    Sun, 04 Aug 2019 12:00:00 GMT
    <![CDATA[New Ras al Khaimah Vehicle Regulation to be introduced]]> New Ras al Khaimah Vehicle Regulation to be introduced

    Introduction

    There are numerous regulations surrounding driving, and this is one of the crucial reasons for the strenuous testing processes. Anyone who has a license will remember the process of going through lessons and having to do their theory test. There are numerous aspects, such as signs that require memorisation, and the entire process is well regulated.

    However, when it comes to regulation, there is a great deal more. Driving can result in serious incidents, and the laws relating to it are numerous and very tight. Considering this, the vast numbers of regulation changes and introductions should come as no surprise.

    On the subject of new areas of new introduction, there are number plates. These are a vital aspect of every vehicles identification, and all vehicles must have theirs fitted if they wish to drive on public roads. Ras al Khaimah is looking to introduce a new regulation which ensures number plates are visible and not obscured at any point.

    Number Plate Visibility

    The number plate is a vehicle identifier, and so it should generally have no obstructions. In the cases of speeding, this allows for the cameras to take pictures clearly, and it also allows for the easy identification by officials.

    The new RAK regulation will allow for fines to arise in the case the number plate has an obstruction, unclear or dirty. However, there is to be leeway period of two months during which awareness of the regulation should rise. In this time, no fines will arise, though warnings shall. Two weeks will then be provided for the vehicle owners to rectify their plates.

    The fines, once fully introduced, will be around AED 400. The purpose of the regulatory introduction is to make the roads a safer place and allow for easier vehicular identification.

     

    ]]>
    Sat, 03 Aug 2019 12:59:00 GMT
    <![CDATA[The Supreme Court of Utah struck down the Agency Pre-Approval Law for Medical Malpractice claims:]]> The Supreme Court of Utah struck down the Agency Pre-Approval Law for Medical Malpractice claims:

    In a recent report, it was held that the Supreme Court of Utah (the Court)has struck down the law with regards to the pre-approval of medical malpractice claims. The Court has unanimously struck down the state law which required medical malpractice plaintiff for obtaining a 'certificate of compliance' from the state agency. The Court further ruled that the law, also known as the Malpractice Act, as unconstitutional since it is in violation of the doctrine of separation of powers hence limiting the judiciary's role.

    In Utah, the certificate of compliance is to be issued upon the review of the malpractice claims by the Utah's Division of Occupational and Professional Licensing (DOPL) and further determines whether it has any merit. In the event, the claim is rejected by the DOPL, the plaintiffs can continue to receive the certificate upon the attestation of the claims by the expert appointed.

    In a similar case, the alleged providers of health care caused the death of a man, who suffered stroke and dies few weeks after the surgery took place. The spouse of that man obtained a certificate of compliance from the DOPL which was later on denied and she filed a suit. The case was dismissed in the trial court where the trial court stated that the plaintiff failed to comply with the Malpractice Act which was subsequently appealed.

    The Court remanded and reversed the case and the Malpractice Act was ruled as unconstitutional. The Court cited the doctrine of separation of powers.

    ]]>
    Thu, 01 Aug 2019 02:44:00 GMT
    <![CDATA[The United States of America Capital Punishment]]>  The United States of America reinstated Capital Punishment

    The Attorney General, Mr. William Barr, issued a direction to the Federal Bureau of Prisoners (BOP) for adopting the addendum which qualifies for resuming capital punishment after nearly 20 years of its stoppage. Accordingly, as a quick step, the Acting Director of the BOP was immediately ordered to schedule executions for five (5) prisoners who were convicted of murder of the elderly and children.

    The Department of Justice quoted that the "The Justice Department upholds the rule of law-and we owe it to the victims and their families to carry forward the sentence imposed by our justice system."

    The Federal Execution Protocol Addendum additionally replace the three-drug procedure with pentobarbital which is the same drug as used in Georgia and Texas. This press release also included the names of the convicted inmates and the crimes which they committed.

    ]]>
    Wed, 31 Jul 2019 16:29:00 GMT
    <![CDATA[Egypt VAT Update and Income Tax Regulation Introduction]]> Egypt VAT Update and Income Tax Regulation Introduction

     

    Introduction

    Egypt is the most highly populated nation in the Middle East. With over 90 million individuals living within, it beats out the next closest country, Iran, by around 15 million people. It may not have the largest economy of the region, though it is still undoubtedly significant. Further to this, the country is globally recognised and receives numerous tourists annually due to the fantastic history and sites that can be explored and visited therein.

    The nation has recently looked to make specific changes to the structure of VAT (Value Added Tax) as well as the Income Tax. The VAT was initially introduced in September of 2016 and replaced Sales Tax. The rate is currently 14%. However, certain aspects of VAT are going to receive amendments shortly.

    The changes are occurring beyond just VAT. Income Tax is also under scrutiny. The current rate ranges from between 10-25%, though the lower bound (below which an individual is exempt) is EGP 8,000. The changes that are expected and the deadlines are as follows.

    The Amendments and Changes

    VAT and Income Tax bring a significant amount of money to the government, which can then be utilised in expanding public spending. However, calculating appropriate rates is very much a balancing act between what is reasonable, and what the government can then provide.

    A new Income Tax law is currently being drafted, and so there are few details on what this might bring. Further, the officials are not now in a position to clarify what the VAT amendments will entail. There was a previous rise in the VAT rate which was initially 13%, though whether the current 14% rate will change is as of yet unknown.

    The VAT regulation will receive a re-visit in the 2019-2020 fiscal year, which has now begun (as of July 1), and the Income Tax regulation draft is expected within the fiscal year also.

     

    ]]>
    Tue, 30 Jul 2019 12:00:00 GMT
    <![CDATA[DIFC Fintec Memorandum of Understanding entered into with India]]> DIFC Fintec Memorandum of Understanding entered into with India

    The Dubai International Financial Centre (DIFC) recently entered into a Memorandum of Understanding (MoU), with India. This MoU has been entered into by and between the DIFC and India's regional government of Maharashtra. The MoU is intended to offer a platform for the majority of the Indian firms that have operations in the Middle East, Africa and the South Asia (MEASA) region to make Dubai as their hub.

    This MoU will be entailing detailed plans for each entity for mutually supporting the FinTech start-ups and by way of that facilitating the development of the business ecosystems via collaborating and sharing the resources. The partnership with the government will make sure that it creates a collaborative and robust business relationship between Dubai and India as far as DIFC's goal for the future financial industry is concerned. The Indian FinTechs have always proved to be world-class leaders in the field and expects to be a global leader in this spectrum as well.

    ]]>
    Mon, 29 Jul 2019 06:17:00 GMT
    <![CDATA[UN Treaty Facilitating the Enforcement of Cross-border Mediation Agreements]]> UN Treaty Facilitating the Enforcement of Cross-border Mediation Agreements

    The new treaty is named the Singapore Convention on Mediation. This treaty bonds the country as a dispute resolution centre. When often commercial disputes have to be resolved, the best method employed is the two tried and tested way for resolving the financial claims. Initially, one can go to courts for litigation and the court may decide a ruling for the dispute, alternatively, on can have an arbitrator and resolve the dispute via arbitration.

    But it is pertinent to note that, multi-national companies have been exploring the route of mediation for amicable resolution of disputes. In mediation, the disputing parties resolve their concerns behind the closed doors and it most likely that they will not commence a commercial relationship. The official name of this treaty is the United Nations Convention on International Settlement Agreements Resulting from Mediation, fondly known as the Singapore Convention on Mediation.

    Throughout the years, the Singapore Ministry of Law has made different moves to set up Singapore as an international dispute resolution centre. It has set up different foundations, including the Singapore International Arbitration Center (SIAC), Singapore International Mediation Center (SIMC), and Singapore International Commercial Court (SICC) and Maxwell Chambers to give a full suite of debate goals administrations for international parties to determine their concerns in Singapore, which is a trusted, impartial setting with brilliant law. Singapore authorized the Mediation Act 2017, which gives, in addition to other things, for the account of mediation agreements as requests of court, and encourages the requirement of interceded settlement understandings.

    ]]>
    Sun, 28 Jul 2019 01:06:00 GMT
    <![CDATA[Singapore Religious Harmony Law Receiving]]> Singapore Religious Harmony Law Receiving Update

    Introduction

    Freedom to believe what one wants to in terms of their faith is a concept that is widely present around the world. Certain countries even have regulations that promote and protect this freedom, and it is generally understood to be the case in most situations.

    However, religious freedom and harmony is a two-sided story which must be understood and even occasionally enforced. Being free to follow one's beliefs, it should also remain understood that others may differ. However, this also means they should not receive attacks due to their personal differences. Singapore is a nation which promotes this exacts ideology.

    The Singapore Maintenance of Religious Harmony Act (MRHA) which came into effect in 1992, has recently been the topic of conversation and is set to be soon updated. 1992 was 27 years ago, though it still seems shocking to think that, and so many changes have arisen in the world as a whole. As such many feel a change is needed.

    What Potential Amendments are being discussed?

    One of the crucial topics that have given rise to this talk of change is that of the introduction and rapid spread of the internet. With the internet came social media, which allows for the fast spread of information, and also the voicing of opinions on a grand scale.

    As such, the law which has been in action for 27 years, is certainly not up to date. Mixing religion with politics, especially in a multicultural nation with considerable international presence, could cause many issues in Singapore. As such, with the interest of vital stakeholders in mind, a change will arise though the timing is currently unknown.

    An exact timeline of when the changes could arrive is not yet known. The MRHA regulation in its decades of presence has never actually seen significant use. Thus to ensure the law is appropriate to the state and its issues, more time will pass before the changes are introduced.

     

    ]]>
    Sat, 27 Jul 2019 02:30:00 GMT
    <![CDATA[UK Marriage Law under Review – Outdoor Marriages]]> UK Marriage Law under Review – Outdoor Marriages

    Introduction

    Marriage is a rare and special occasion in anyone's life. Generally speaking, it is only really done a few times throughout the lifetime, and preferably only once, or 'till death do us part'. While it is mostly a more spiritual event which indicates the binding of two people more permanently, it is still regulated by law as all things are

    The current regulations concerning marriage and where it may be held are somewhat strange in the UK at the moment. It is quite unexpected to find out this information in the current day, and in a way, that is a crucial reason as to why there is a review at the moment.

    The issue relates to the location in which a wedding can take place. The process to bring about the change will take time yet, though the initial steps have begun to take place. The basic idea behind the move is as follows.

    The Great Outdoors

    It comes to many as a great surprise that an outdoor wedding is a difficult thing to obtain in the UK. No, this is not due to the weather, but rather due to the regulations which currently dictate when an official wedding ceremony may take place.

    At this time, weddings are only permitted to occur in certain places of worship or official establishments. Of course, this solely relates to the official ceremonies and legally mentioned aspects, though being such a special occasion, individuals often wish for a more personalised experience, and as such, the currently Victorian era regulations on places of a wedding is looking to receive a change.

    The process of amending will likely take another 2 or so years, though the process has begun. As strange as the limitation may sound, the issue is recognised, and the change will surely please many with greater freedom to proceed as they wish.

     

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    Wed, 24 Jul 2019 06:22:00 GMT
    <![CDATA[UK Environmental Protection Bill Sees Progress]]> UK Environmental Protection Bill Sees Progress

    Introduction

    Environmental protection and preservation is a crucial issue on every level of society these days. Many individuals in developed areas of the world are aware and also likely impacted by the ideas and regulations on environmental matters. Governments around the world look to introduce rules to protect the environment and the natural beauty of their nations, and average citizens are finding more example of environmentally friendly changes. A simple example is that in the UK as of fairly recently, many fast-food restaurants provide paper straws rather than plastic.

    Changes such as these are arising reasonably regularly, though more significant regulatory changes are in the works. The UK is a nation which approaches such matter with great seriousness and is among the world leaders when it comes to being progressive and taking action on the issue.

    A new Bill is taking shape on just this topic, and it is quite significant. While not yet ready to be enacted, there are certain aspects of it which are known or coming to light. A summary of what is known is as follows.

    Environmental Protection

    The Bill will contain numerous methods of environmental protection, ranging from the protection of wildlife and the natural environment of the country, as well as crucial amendments and introductions in the area of waste management and more.

    Producers will soon be required to take further responsibility when it comes to production, preferring recyclable materials and utilising cleaner processes. Further to this, recycling should also be emphasised to individuals and should become more accessible and comfortable than ever before. On the topic of the countries biodiversity, the aim is to have a net gain year upon year.

    The Regulation will be highly crucial as it is the first on such a scale in many years. As such, it will still take time to finalise, though, more information is becoming available on the topic.

     

    ]]>
    Tue, 23 Jul 2019 06:30:00 GMT
    <![CDATA[DIFC Regulation Updates Employment]]> DIFC Regulation Updates Regarding Employment

    Introduction

    The DIFC (Dubai International Financial Centre) is one of the most significant Free Zones in the UAE. It is one of only two financial Free Zones in the nation and was the first in the country, having established in 2004. The zone specialises in financial services and has a crucial global presence. All Free Zones in the UAE have their unique legislative structures and regulations governing Civil issues. Criminal issues are a different matter, and the mainland regulations must be utilised in the zones.

    The DIFC is one of the most legally separated free zones from the mainland in the UAE. What this means is that, while all Free Zones have their unique regulations and laws, few of them differentiate significantly from the UAE mainland. However, the DIFC has its legal system as well as a court system unique to itself.

    Recently though, there have arisen a few changes to the rules particularly surrounding certain employment matters. These alterations and amendments can be summarised as follows.

    DIFC Regulation Changes

    One of the fundamental changes to be introduced relates to employment claims. Employees at this point can bring forth cases against employers after a period that is considered too high. The amendment will now limit allegations so that they must arise within six months of the issue occurring. The purpose of this is to ensure that cases are fair. Any repercussions to the company are within reason and consider the time passed.

    Further to this, the changes will also bring about alterations to the gratuity payment system. Previously, if gratuity payments were late, there was a set fine that the company would be liable to pay. However, this has now seen changes and is based on the outstanding amount rather than a simple set value.

    Further updates are arriving in the DIFC regulations, though these are the crucial ones relating to employment.

     

    ]]>
    Mon, 22 Jul 2019 03:23:00 GMT
    <![CDATA[UAE Economic Activities foreign ownership]]> UAE Economic Activities to have 100 % foreign ownership

    The UAE Cabinet has given its approval for 100% ownership on the different economic activities and sectors ranging from renewable energy, agriculture, space and the manufacturing sector. This decision was welcomed by majority of investors towards an option for acquisition of stocks and shares for economic activities. These activities include power transformers, solar panels, green technology and power plants that are hybrid.

    Foreign ownership will be inclusive of storage and transport where it will give a wide array of sectors like the food services, e-commerce, supply chain and logistics as well. The Cabinet's decision has been implemented for over 122 activities and 13 sectors. It is intended to encourage and expand the sector and attract investments on a global spectrum.

    ]]>
    Sun, 21 Jul 2019 06:07:00 GMT
    <![CDATA[Oman New Bankruptcy Regulation]]> Oman New Bankruptcy Regulation under Consideration

    Introduction

    Bankruptcy is one of the most serious and tough situations a business can experience, and this difficulty extends and affects more than those in charge. All those who hold a stake in the entity will feel some repercussions. It is therefore vital that the law helps to sort out the situation by providing more clear instruction concerning what the requirements from the business.

    Oman is one of the crucial GCC nations and has a significant economy in the region. There are a considerable number of expats in the country and also a substantial amount of businesses across various industries. As such, the concept of bankruptcy and legislation relating to it are of utmost importance.

    There has recently come under consideration, a new bankruptcy regulation which looks to improve the processes and steps that are taken following a bankruptcy, and the overview of the potential amendments are as follows.

    Bankruptcy Regulation

    The principal goal of the regulation is to protect employees who, at present, are at higher risk of not receiving their salaries in the case of bankruptcy. The law would make it so that the assets of the company would be collected and valued, and from there, the first area to consider would be pending payments as well as salaries.

    Following this, the debtors and creditors of the company should be considered as this will allow for an accurate view of the position of the company to be formulated. However, the key takeaway is that the employees and those dependent on the company for salaries are paid. However, the law does not guarantee wages will be paid, but only that they are a primary priority.

    The regulation is currently under consideration by the economic committee. This extremely employee-friendly regulation would provide significant confidence to many people looking for jobs in the nation.

     

    ]]>
    Thu, 18 Jul 2019 05:37:00 GMT
    <![CDATA[Upcoming Changes to the UAE Maritime Regulations]]> Upcoming Changes to the UAE Maritime Regulations

    Introduction

    The UAE is a nation with a considerable amount of coastline. To the west of the country, there is the Persian Gulf and to the east, the Indian Ocean. With such easy access and being surrounded by such rich waters, the seas can play a significant role for many individuals and organisations. However, the regulations surrounding certain aspects of Maritime activities have come under review recently.

    The current regulation covering the matters is Law Number 26 of 1981, which concerns commercial maritime activities. The purpose of the legislation is to manage how the UAE's marine environment is handled; this looks at the methods of utilisation for business activities.

    In another way, the law looks to promote healthy growth to the industry, while also maintaining the natural balances. As such, an amendment has received consideration for some time, and the changes it looks to bring about are as follows.

    Commercial Maritime Regulation Amendments

    The draft amendments look to make it more accessible for citizens of the UAE and incentivise investment into the industry. One of the fundamental changes is that it will become possible to 100% own maritime companies and vessels.

    Further, there will be incentives from the government to promote the formation of these maritime entities and also promote investment in the industry. All of this will help to encourage further business growth within this vital area of the economy.

    The draft law currently looks to be introduced in 2020 and is being reviewed by the Federal Transport Authority (FTA).

     

    ]]>
    Wed, 17 Jul 2019 05:23:00 GMT
    <![CDATA[New UAE Space Law]]> New UAE Space Law United Arab Emirates is all set to establish its own space law. This space law is intended to pave the way  and an environment for the private sector and the space economy. This law is yet to come into approvals and it is aimed to attract investments and operations in the economy. The domestic and international investors are well protected under this new space law which will give them security and the correct environment to encourage investments.   Space tourism is trending currently and this law is an initiative towards the same. The authorities will soon draft a document pertaining to the space law. The UAE space agency recently gave its statement that the law will see the light of day soon and it will provide effective coverage and protection to the relevant space activities.   Some remarkable achievements in UAE space law:  
    • 25 September will be the day for the first Emirati astronaut to jet off in the space
    • Unmanned probe to Mars by the end of July 2020
    • Dubai to launch the first ever simulation of Mars city
      ]]>
    Tue, 16 Jul 2019 04:38:00 GMT
    <![CDATA[Singapore’s Ministry of Home Affairs]]> Singapore's Ministry of Home Affairs

    The Ministry of Home Affairs Singapore (the Ministry) reiterated that the national laws will be applicable to both the local as well as the international offenders. The Ministry stated that the laws will be same for all the offenders despite their nationality and it afforded the status of due process of law. All the expatriates that visit or reside in Singapore will be abiding by the law and in the event, there is any kind of breach towards the same, they will be liable and subject to the Federal Laws of Singapore. It is pertinent to note that, Singapore has always portrayed itself as a strong and independent jurisdiction.

    It was said by the law experts in Singapore that when capital punishment is considered, it is an issued that all the countries have a right to take decision and make accountable the situation surrounded by it. As it can be seen that there has not been any global consensus where the international entities have refused the application of death penalty when it is accorded as per the lawful process.

    Singapore, like any other economy has its own right and determination for its legal system and desires similar in return.

    ]]>
    Mon, 15 Jul 2019 06:15:00 GMT
    <![CDATA[Formation of NZ Business Council in Dubai by the Dubai Chamber of Commerce and Industry]]> Formation of NZ Business Council in Dubai by the Dubai Chamber of Commerce and Industry

    The Dubai Chamber of Commerce and Industry (the DCCI) recently announce that it will be forming the New Zealand Business Council (the NZBC). This is with the intention to encourage harmonious relationships between the United Arab Emirates and New Zealand. Its 50th country-specific business council was established via the DCCI. About 100 companies have signed up for the membership of DCCI together with companies with various industry practices like the healthcare sector, legal services, public relations, food, agriculture, trade, hospitality, etc.

    It was widely recognised about the non-oil trade between the two countries which is increasing each year to an approximate of AED 2 Billion in the year 2018. Considering this trend, the volume of exports to New Zealand have been increased widely. New Zealand remains the top partners for trading for United Arab Emirates where both the communities would substantially benefit due to the Expo 2020.

    ]]>
    Sun, 14 Jul 2019 06:24:00 GMT
    <![CDATA[UAE Maritime Law 2020]]> UAE Maritime Law 2020

    UAE is all set to introduce the new draft law for maritime operation in the country. It will offer 100 % ownership to the UAE nationals who want to own shipping vessels companies. This law will come into effect by the start of next year. The Federal Transport Authority-Land and Maritime (the FTA) is currently reviewing the draft law, which will be an amendment to the Federal Law Number 26 of 1981 concerning Maritime Commercial Law (the Maritime Law). The main intention of the draft law is not to limit the boundaries to the Maritime Law.

    The draft law will make specific codes for the legal rules which will pertain to all the aspects of UAE's maritime environment. It will support directly as well as indirectly, all the industries which benefit the development and growth of the industry. The draft law is to be called as the 'New Maritime Bill' instead of the 'New Maritime Commercial Bill'.

    The FTA considered the complaints of the entities in the maritime industry so that it can provide solutions and legal remedies. It was careful and diligent to take into account all the necessary rules and regulations of the countries already developed in this sector together with the latest maritime developments. The draft law will allow full support for development fund in order to invest in the maritime industry and improve and encourage maritime operations in the United Arab Emirates.

    ]]>
    Sat, 13 Jul 2019 12:00:00 GMT
    <![CDATA[Installment Sales Licenses issued by the Saudi Arabian Monetary Authority]]> Installment Sales Licenses issued by the Saudi Arabian Monetary Authority

    The Saudi Arabian Monetary Authority (the SAMA) along with the Ministry of Commerce and Investment (the MOCI), jointly issues a comment where they announced the implementation of the latest regulations with regards to the instalment sales.

    The new scheme makes way for the issuance of the license not by the MOCI for business which is involved in the investment sales. The SAMA is developing the regulations for the investment sales for the industry markets which were considered out of reach, inclusive of the ones having the MOCI licenses.

    These regulatory rules have been welcomed with open arms by the financial organizations and businesses in the Kingdom of Saudi Arabia to avoid the discrepancies in the regulatory requirements. The laws will protect the monetary system and regulate a responsible environment for finance by increasing transparency and reducing unfair and illegal transactions, thereby protecting the consumers.

    The MOCI, along with SAMA, has always emphasized on its consumers wherein they demand finance for applying at the banks that are licensed as well as the companies. It also asserted that the entities which are license, should not be engaging in the activities outside the limits of the license that has been issued.

    ]]>
    Wed, 10 Jul 2019 10:24:00 GMT
    <![CDATA[Amendments to the KSA Labour Law]]> Amendments to the KSA Labour Law

    The Consultative Assembly of the Kingdom of Saudi Arabia, also known as Majlis ash-Shura or Shura Council (the Council), met on 7 May 2019 to formalise its intention to afford more protection and security to the employees under the Royal Decree No. M/51, adopted in the year 2006 (the Labour Law). The Council proposed an amendment to the overdue compensations to the nationals who were under an unlimited employment contract.

    The amendment says that in the event the employment contract does not mention the redressal for unlawful termination, the employee shall be eligible for a salary of one month for each year of the employment in the unlimited contract.

    The Labour Law initially provided for compensation of two month's salary. The said amendment is intended to reduce the abuse of the Saudi Nationals along with decreasing the financial burden on both the expatriates as well as the Saudi Nationals.

    The said amendment is yet to come in force and currently under discussion in the Council. The Council will set a vote for the amendment, for its adoption and implementation to the whole of the country.

    ]]>
    Tue, 09 Jul 2019 10:33:00 GMT
    <![CDATA[Green Card in Kingdom of Saudi Arabia]]> Green Card in Kingdom of Saudi Arabia

    The Council of Ministers in the Kingdom of Saudi Arabia recently issued the facility of Green Card. The proposed privileged residency iqama will offer the holder the following benefits:

  • Recruit domestic workers
  • Issuing visitor's visa
  • Own property
  • This card or rather known as the Iqama will cost approximately Saudi Riyal 800,000 if he wants to go for permanent residency. If the individual wants a one-year residency, it is fixed for Saudi Riyal 100,000. The Council is in the process of issuing other requisites for the applicants. This calls for the applicants to possess professional or scientific skills. This privilege will be offered to the highly skilled and wealthy expats, a resident visa where they do not need an employer or local sponsor.

    This opportunity will afford the individuals a freedom of movement where there is not needed to exit or entry again and they will have the ability to work in the private sector together with owning the properties and obtain visas for the relatives.

    The Council has decided to provide for the following kinds of residency:

  • Unlimited
  • Valid for a year with the option of renewal
  • The Expats will be payment certain amount of fees that will be determined by the regulations to be developed by the Special Privilege Iqama Center. The regulations outline the process for application. It required the submission of passport and adequate financial resources along with the health report and a certificate stating clean criminal record.

    ]]>
    Mon, 08 Jul 2019 10:49:00 GMT
    <![CDATA[The International Arbitration Act in Singapore]]> The International Arbitration Act in Singapore

    The Singapore Business Federation (the SBF) has made proposals for establishing the new arbitration group which will provide the method of appointing the arbitrators by default under the multi-party situations. It will allow the parties for requesting the arbitrators to decide the jurisdictions and recognition that the arbitral tribunal can encourage enforcement of confidentialtiy in the proceedings.

    The Ministry of Law (the MOL) in Singapore issued a pubic consultation platform in order to seek views to the proposals for amending the International Arbitration Act (the IAA). The changes are as under:

  • Default appointment of arbitrators
  • Allowing parties under mutual agreement to decide on the jurisdiction
  • Enforcement of confidentiality in arbitration
  • On the other hand, the SBF, also called the International Chamber of Commerce (the ICC) Singapore, has established the new group with the intention of promoting the interests of the business community in Singapore, to create a global arbitration and dispute resolution center

     

    ]]>
    Sun, 07 Jul 2019 10:54:00 GMT
    <![CDATA[Hong Kong Competition Commission issues]]> Hong Kong's Competition Commission issues a judgement for the actions on the ordinance enforcement

    The President of the Competition Tribunal in Hong Kong delivered its judgements which related to the suspected infringements and violations of the competition ordinance's first conduct rule. This rule called for prohibition to the companies who intended to enter into agreements that are anti-competitive.

    These judgements clarified certain queries as far as the application of the ordinance is concerned. The Commission has the power for prosecuting the companies for the alleged violations of the ordinance. In the preceding, it is required for the commission to prove that its case is beyond the reasonable doubt instead of the probabilities balance.

    The following cases are the one in context:

    • Competition Commission v Nutanix HK Ltd and others
    • Competition Commission v W. Hing Construction Company Limited and others

    The two cases are considered to be landmark judgements, which revolved around changing the scenario of the Hong Kong's Competition regime. This tribunal may have solved various disputes for the Competition Ordinance, but in the process, it managed to notify the kinds of conduct that is anti-competitive are not facing closure and it ready to go beyond the boundaries of the competition law.

    ]]>
    Sat, 06 Jul 2019 02:59:00 GMT
    <![CDATA[UAE Central Bank – Non-Performing Loans (the NPLs)]]> UAE Central Bank – Non-Performing Loans (the NPLs)

    The UAE Central Bank has issued changes in the reporting structure of the non-performing loans in its banking sector. The move is come to bring into line the methods with the global standards, in consonance with the International Monetary Fund (IMF). Under previous regulations, the NPL ratio was inflated when compared to several other jurisdictions. This was due to including the interest in suspense.

    Subsequently, the new standard was implemented where the NPL ration was demarcated at 5.6%.

    UAE Banking System

    2014

    2015

    2016

    2017

    2018

    2019

    NPL Ratio (in %)

    5.9

    5.0

    5.1

    5.3

    5.6

    5.7

    Interest in Suspense (in %)

    1.5

    1.3

    1.4

    1.5

    1.6

    1.6

     

    In order to increase transparency with several other jurisdictions, the Central Bank of UAE has also published the Net NPL ratio as under

    UAE Banking System

    2014

    2015

    2016

    2017

    2018

    2019

    Net NPL ratio (in %)

    2

    1.5

    1.5

    1.8

    1.8

    1.8

     

     

     

    ]]>
    Thu, 04 Jul 2019 12:54:00 GMT
    <![CDATA[Alert on Cyber Security by the Hong Kong Monetary Authority]]> Alert on Cyber Security by the Hong Kong Monetary Authority

     

    The Hong Kong Monetary Authority (the HKMA), on 24 May 2019, issued an alert for eight (8) cyber security incidents which involved a total amount of HK Dollars 70,000. Three banks reported cases where the payments were done in an unauthorized manner. This was done over a period of three weeks. The suspected criminals were successful in stealing the customer data, which included the login details and passwords for performing the transactions.

    Under this, the HKMA has decided the following three point:

    • Reporting Obligations of the Banks

    The HKMA has been made aware of the illegal transactions, which resulted due to the reports that were filed by the relevant banks. The HKMA reminded the banks of its reporting obligations. It called for the "same-day report" which is to be filed, and the incidents will be reported on the same day when the bank discovers the said transaction. The HKMA made a point to convey to the bank that the report should be made to the Privacy Commissioner for Personal Data (the PCPD).

    • Two Factor Authentication

    The HKMA issued the Two-factor authentication for the maximum transaction limit for the small-valued payments which are conducted by way of internet banking. The limit that was put is HK$10,000 per day per account.

    • Customer Protection

    As it seems that the alert has caused some banks to reimburse the funds to the customer where the compensation has been paid. The refunds have been made as per the rules mentioned in the Code of Banking Practice (the CBP) which has been issued by the DTC Association and the Hong Kong Association.

    ]]>
    Wed, 03 Jul 2019 03:39:00 GMT
    <![CDATA[Modifications in the Regulations for Power of Attorneys in Kuwait]]> Modifications in the Regulations for Power of Attorneys in Kuwait

    The Kuwait Government Ministry of Trade and Economy (the Ministry) issued a statement which outlines that newly introduced regulations with regards to power of attorney (PoA). These regulations have come into effect on 5 April 2019.

    There were several rounds of discussions which took place amongst various shareholders, where the Ministry finally amended the terms as follows:

  • Late filing of the PoA within one month from the date of filing
  • Softcopy of the PoA mandatory for filing
  • A single PoA will suffice for filing various applications which belong to the same applicants
  • The PoA will have a validity for a period of 10 years.
  • The regulations states that the PoA should be accompanied by an application upon which the term of three (3) months for late filing shall not be applicable.

     

    ]]>
    Tue, 02 Jul 2019 06:11:00 GMT
    <![CDATA[Easy Registration of Wills in Ras Al Khaimah ICC]]> Easy Registration of Wills in Ras Al Khaimah ICC

    Wills is one of the ways in the process of planning for succession in the United Arab Emirates. Wills are an added advantage to avoid any unforeseen circumstances. The clients had an option to register the Will either with the Dubai Courts or the Dubai International Financial Center (the DIFC) Courts. Now, they can register their wills with the RAK International Corporate Centre (RAKICC)

    Only in five simple steps, can the registration of the wills be done:

  • Drafting the Will by the DIFC Wills draftsmen
  • Share the draft to the RAKICC probate and wills registration department
  • Booking the registration appointment by email or completing the information sheet that is provided
  • The testator will attend the registry with the identification document, will and a witness to make his signature before
  • Making the payment as per the terms and conditions
  • This is speedy and much cost-effective procedure which the RAKICC has introduced. The intention is to provide certainty of the wealth distribution and appointment of guardianship. It is believed 

    to be reliable than the will that is notarized.

     

    ]]>
    Mon, 01 Jul 2019 05:35:00 GMT
    <![CDATA[Tariffs for IP undergoes revision in Indonesia]]> Tariffs for IP undergoes revision in Indonesia

    The Indonesian Government issued the Government Regulation Number 28 of 2019 (the Regulation). The Regulation concerns with the types and tariffs on Non-Tax State Revenue which is applicable to the Ministry of Law and Human Rights (the Ministry). The government has said that official fees for all the intellectual property products will stand increased.

    The Regulation came into effect on 3 May 2019 and is set to replace the previous regulation that is the Government Regulation Number 45 of 2016 which provided for the amount of the official fees in the Ministry.

    The Regulation makes an adjustment for the official fees, mainly by increasing the fees for the following matters:

    I. Industrial Design

    Hike in official fees on as follows:

  • Recording license agreement
  • Submission on objection for rejecting the industrial design application
  • Other post application services
  • II. Copyright

    Increase in the fees for the following:

  • Assignment
  • license agreement
  • change of name/address
  • post-recordation services
  • III. Patent

    Increase in the fees for the following:

  • additional claims exceeding 10 claims
  • additional page(s) of description exceeding 30 pages
  • substantive examination request
  • other post-application services
  • Increase of patent annuity fees
  • Addition of official fees on request to expedite the substantive examination
  • IV. Trademark

    Increase in the fees for the following:

  • trademark renewal
  • assignment
  • license agreement
  • change of name/address
  • post-recordation services
  • trademark application under Madrid Protocol
  •  

    ]]>
    Sun, 30 Jun 2019 04:35:00 GMT
    <![CDATA[UAE - Economics Substance Regulations]]> UAE - Economics Substance Regulations

    The UAE Cabinet recently issued resolution Number 31 of 2019 (the Resolution). The Resolution concerns with regulations for economic substances in the United Arab Emirates. These regulations make it necessary for some companies to determine that they possess any effective substance in the country. This is done by fulfilling certain tests related to the relevant activities that are mentioned in the regulations.

    It was in November 2018 that the Organisation for Economic Cooperation and Development (the OECD) announced the international standards for Base Erosion and Profit Shifting (BEPS). These regulations make a framework for preventing the relocation of business activities which has applicability to the preferential regimes for the geographically mobile incomes.

    The Resolution was passed on 30 April 2019 which included an entire scope for UAE entities which carry on the relevant activities demonstrating economic substances in the UAE.

    • The regulations apply to all the UAE onshore and Freezone companies which carry on the relevant activities as mentioned in the regulations.
    • UAE Government owned entities (directly or indirectly) are exclusive of the regulations

    What are Relevant Activities under regulations?

  • Banking
  • Distribution and service centre  
  • Fund management
  • Intellectual property (IP)
  • Insurance
  • Lease-finance
  • Holding company
  • Headquarters
  • Shipping
  • ]]>
    Sat, 29 Jun 2019 02:45:00 GMT
    <![CDATA[UAE’s Common Law courts: A secure dispute resolution mechanism]]> UAE's Common Law courts: A secure dispute resolution mechanism

    The choice and method of dispute resolution are one of the important aspects when it comes to creative industries. With regards to the specific needs, the Dubai International Financial Center and the Abu Dhabi Global Markets have made a provision for the fast-track small causes claims where it permits the parties involved for a quick resolution cost-effectively and at the same time, passing orders and judgements which are easily enforced.

    For many creative industries, the procedures for small claims is the most suitable method of resolving the disputes. But litigation is not the last route available. Both Dubai International Financial Center and the Abu Dhabi Global Markets have alternated dispute resolution mechanism where it consists of a built-in tribunal for a quick resolution. The tribunal provides for compulsory consultation before a mini-trial.

    In 2019, the Abu Dhabi Global Markets courts intend to introduce a mediation service for promoting mediation as a form of dispute resolution whose decisions are final and enforceable. The Dubai International Financial Center have their fixed seat which is governed by the Dubai International Financial Center – London Court of International Arbitration (DIFC-LCIA) and the Dubai International Arbitration Center (DIAC) rules, while the Abu Dhabi Global Markets Courts are governed by many of the International Chamber of Commerce (ICC).

     

    ]]>
    Thu, 27 Jun 2019 12:43:00 GMT
    <![CDATA[importing telecom and IT equipment ]]> Regulations for importing telecom and IT equipment in the Kingdom of Saudi Arabia

    The development of the technological sector in Saudi Arabia is primarily focused on the Saudi Vision 2030 with the combination of moving towards cloud computing and concerning security and data sovereignty. It is focused on the result of a variety of international and domestic players who are set to become more interest in the development of the data centres in the kingdom.

    These regulations have a wide range of implications, rights from cloud computing till concerns for the real estate investment aspects for the centres for operations and construction. The importing of the equipment are sometimes subject to blanket prohibition. These equipment are subject to eavesdropping functionality and the ones used in an interception or damaging public communication.

    The Communications and Information Technology Commission (CITC) is a mandate according to the Telecommunications Act, the Bye-Laws and the ordinance. This is for the licensing of the telecommunications and IT equipment in the Kingdom. It comprises of all the required procedures for ensuring the proper compliance of the facilities and terminal equipments together with relevant specifications.

    The additional requirements may depend on the equipment, like the restrictions on products which are made from or which contain materials and requirements for product labels and disclosure requirements.

     

    ]]>
    Wed, 26 Jun 2019 11:21:00 GMT
    <![CDATA[Internet of Things (IoT) Policy?]]> Internet of Things (IoT) Policy?

    The IoT is a regulatory framework in the United Arab Emirates which comprises of the following:

  • IoT Regulatory Policy

  • IoT Regulatory Procedures.

  • This regulatory framework is intended to establish a compulsory registration process for the services providers in the United Arab Emirates which can be broadly defined as "any Person that provides a loT Service to users (including individuals, businesses and the government), that will comprise the provision of loT-related service/solutions."

    IoT service is defined as "a set of functions and facilities offered to a user by a loT Service Provider [but…] does not encompass loT-specific Connectivity". In a crux, the policy requires the service provides to register and then obtain a service registration certificate from the Telecommunications and Regulatory Authority. It is worth noting that the policy makes a provision for its application to any entity which offers the services in the UAE market regardless of its establishing place, operations or even the management.

    The policy is for the regulation and fostering the growth of the economy, whereby the UAE Government passed its IoT Policy on 22 March 2018. The services provided are expected to review their current operational procedures as well as their protocols for determination of the compliance of the policy. For example, focus on identification of the data categories like open, sensitive, confidential and secret; or license of the data storage limitation and consideration of the storage for different categories, outside and within the country.

    It is not only the United Arab Emirates that is considering policy, but the Kingdom of Saudi Arabia is also having cabinet discussions for the policy and also the Sultanate of Oman.

     

    ]]>
    Tue, 25 Jun 2019 04:21:00 GMT
    <![CDATA[Abolition of fees for Government Services: Abu Dhabi]]> Abolition of fees for Government Services: Abu Dhabi

    The Government of Abu Dhabi has decided by its decision by the UAE Cabinet for the abolishment of fees for the majority of the government services. It is intended to have a positive impact on the UAE Economy. The cabinet decided to waive and amend fees for more than 1500 services provided by various ministries including the Ministry of Economy, Human Resources, Emiratisation, etc.

    The UAE Government is working towards enhancing the business environment and the creation of new opportunities not only in the public sector but also in the private sector. The Abu Dhabi Executive Council also made approvals for a resolution which will exempt all the new economic licenses which are issued in Abu Dhabi for all the fees that are local for a term of two years. This will encourage the scope of investments in the emirate by way of reduction in fees for services by the Abu Dhabi Municipalities.

    A resolution by the Abu Dhabi Government Accelerators Programme which is the 'Ghadan 21' – aiming to enhance the competition amongst the businesses, investments, societies and lifestyle sectors – Investment of AED 50 Billion

    The Abu Dhabi Tourism Department also decided a fee reduction from 6 per cent to 3.5 per cent and 4 per cent to 2 per cent for municipal fees. The fee for the municipality hotel room has also come down to AED 10 from AED 15.

     

    ]]>
    Sun, 23 Jun 2019 12:41:00 GMT
    <![CDATA[Technology in the construction industry]]> Technology in the construction industry

    Over the years, technology has premature and revolutionized almost significant aspects of our day to day lives. It has established itself as the cornerstone of the prominent industries like education, healthcare, environment, communication, etc. historically speaking, the construction industry has witnessed a quite meagre record when it comes to adapting to the technology and other sectors. It is surprising to note that millions and trillions of dollars have been invested in the existing or planned projects in the United Arab Emirates alone.

    The constant increase in the incidences of robotics in the construction industry will prove to be useful when it comes to intense labour roles. The contractors will eventually seek to cut cost on employing labour. During the same course, it may offer an opportunity to the individuals and the corporations to upskill, since this equipment will also require certain manpower to make sure that the robots and the technology used is effective in maintenance and operations.

    To summarise, it is pertinent to note that the shareholders in this industry have an intention to devote sufficient amount of time and resources for evaluation of the new technologies that are and can be put to use and be developed, and their impact. Further, understanding the know-how as to how the technology will be utilised to its best potential for enhancing the productivity, competitiveness, quality and finally the profitability. It is very important to keep up with the pace of the evolving areas of the sector, along with its changing landscape for generations to come.

     

    ]]>
    Sat, 22 Jun 2019 02:31:00 GMT
    <![CDATA[Improve Peoples Quality of Life in UAE]]> New Law to Improve Peoples Quality of Life in UAE

    The UAE Cabinet chaired by, His Highness Sheik Mohammed Bin Rashid Al Maktoum, the Vice President and the Prime Minister of the UAE, adopted the National strategy wellbeing 2031 during its meeting at the Presidential palace in Abu Dhabi.

    The Cabinet adopted the National Strategy for Wellbeing 2031, to enhance the quality of life for the individuals and society. It also enables integration in government services and builds strategic partnerships with the private sector. It builds up capabilities and promotes the culture of Wellbeing. It also supports national policies and strategic objectives.

    The UAE National Strategy of wellbeing is a strategy, based on a national framework for three main levels, mainly

    • Individuals
    • Society
    • the country.

    This strategy includes components and strategic objectives, which include people's wellbeing by promoting a healthy lifestyle by promoting good mental health and positive thinking.

    This strategy includes supportive initiatives which target more than 40 priority areas.  The strategy's main initiative is the development of the first "National Wellbeing Observatory" to support the policy-making process.

    The focus of this strategy is to make the UAE a worldwide leader in quality of life through several objective and initiatives. It also focuses on the promotion of the concept of wellbeing by supporting the 2021 UAE Vision and the 2071 UAE Centennial.

     

    ]]>
    Mon, 17 Jun 2019 05:10:00 GMT
    <![CDATA[New DIFC Employment Law, Law No.2 of 2019]]>  

    New DIFC Employment Law, Law No.2 of 2019

    The Vice president and Prime Minister of UAE, His Highness Sheik Mohammed bin Rashid Al Maktoum enacted the new Employment Law, Law No.2 on Wednesday 2019. The law will come into force on 28th August 2019. The main reason for the enactment of the new law is to overcome many issues of the current Employment Law such as paternity leave, sick leave and end of service settlement. By issuing a statement the DIFC court says that the new law will complement its best international practice. The governor of the DIFC His Excellency Essa Kasim, in his statement mentions that the new DIFC employment law will help the firms working under DIFC to flourish by protecting and balancing the primary interest of both employer and employee, because the center creates an attractive environment.

    This new law is applies to all employers and employees which also includes part-time and short-term employees. The main objective of the new employment law is to maintain a balance between the needs of employer and employee working in the DIFC center, by creating and following the standard employment rules which contribute to the success of the center.

    Under the provisions of this law the employer can expand the employee duty, can reduce the statutory sick pay and also consider settlement agreement of employer and employee. This law limits the application of late-fine for the non-payment of end service settlement on time. Under the provision of this new law the employee is given 5 days paternity leave and the penalty for discrimination to ensure the primary condition of employment, residency sponsorship and visa.

     

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    Thu, 13 Jun 2019 05:50:00 GMT
    <![CDATA[ Insolvency Law of DIFC, Law No.1 of 2019]]>  Insolvency Law of DIFC, Law No.1 of 2019

    Dubai International Financial Center (DIFC) has enacted a new Insolvency Law and was announced on Tuesday. It was signed by the Vice President and Prime Minister of the UAE, Sheik Mohammed Bin Rashid Al Maktoum, which aims to balance the needs of all stakeholders in the context of distressed and bankruptcy situation in DIFC. This law facilitates more efficient and effective bankruptcy restructuring rule. This law provides a new administration process which will manage the mismanagement and misconduct.

    The new insolvency law will be on effect from August 28, 2019. It introduces a new debtor in possession bankruptcy rule with best practice rule globally. The law enhances the rules for governing winding up procedures and also incorporates the UNICITRAL Model Law on insolvency proceedings with modifications for its application in the center.

    Essa Kazim, the governor of DIFC, said, "ensuring that businesses and investors can function throughout the region with confidence is crucial to our role in connecting the economies of east and west". "And are committed to enhancing the legislative infrastructure to provide the leading global institutions with the access which they need to grab the opportunities in the MEASA region, in Dubai".

    This law was introduced only after the regions biggest private equity firm Abraaj collapsed last year due to fraud allegations. By the enactment of this new law, it will increase the prospectus of helping and rescuing businesses and preserve the value by improving the DIFC's standing as an international financial center by adopting the internationally recognized model law  that provides cross border insolvencies in complex multi–jurisdictional cases.

     

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    Mon, 10 Jun 2019 05:48:00 GMT
    <![CDATA[Golden Residence Permit]]> Golden Residence Permit

    The Federal Authority for Identity and Citizenship (the Authority) recently announced the Golden Residence Permit in the Emirate of Abu Dhabi. The visa was issued in consequence of the Cabinet Decision Number 56/208 (the Decision) – permanent residence for the investors. The Authority had initiated a communication program in UAE for the eligible investors for the Golden Residence Permit to make them knowledgeable for the latest law and its benefits.

    The Authority issued the visa as their part of the "Investors Permanent Residence System" aiming to help and guide the investors who qualify for the same.

    The LuLu Group Chairman became the first expatriate to obtain the Golden Card from the Authority. According to Forbes Magazine, the Keralite businessman is claimed to be the wealthiest expat in the country. This permit was issued to him during the ceremony at the Abu Dhabi Chamber of Commerce and Industry, also honoring him for his part in the economic growth of the country.

    The Authority also connected with the business leaders and investors abroad, promoting the economic and social benefits of investing in the UAE. It is stipulated in the Decision the specific terms concerning the 'Golden Card' as well as other classes and privileges are given, and conditions ought to be fulfilled for the eligibility.

     

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    Sat, 08 Jun 2019 03:34:00 GMT
    <![CDATA[Special Complaints Referral Centre]]> Special Complaints Referral Centre

    The Dubai International Financial Center ("DIFC") entered into an agreement with Dubai Healthcare City Authority ("DHCA") to ensure the utilisation of the services of the newly established Special Complaints Referral Centre. ("SCRC"). The agreement was signed at the Arab Health Exhibition by the chief justice of the DIFC Courts and the CEO of the DHCA. The agreement intends to build a concrete relations between the two entities by issuing a Memorandum of Understanding ("MoU") and seeks for a framework for DHCA for benefitting from the expertise of the DIFC Courts available by the way of Small Claims Tribunal ("SCT")

    The SCT mediators have successfully handled over 400 matters. They employ a smart and amicable way of dispute resolution for claims up to AED 500,000. The DHCA has had more than 200 clinical partners ranging from medical centres, hospitals, laboratories, professionals from across the globe. As promulgated by the DIFC Courts, mediation is becoming a popular device for corporations and individuals for settlement of their disputes. They share their knowledge and expertise in order to assist in resolving the claims in more amicable manner. They are more user-friendly option of resolution.

    As a part of this framework, DHCA seeks to make strong the mandate of its regulation and governance. It is a way forward for an innovative and robust service for efficiently settling labour complaints. The market is to surge to an increased level of AED 103 Billion by the end of 2021 which is backed by research and careful analysis.

     

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    Thu, 30 May 2019 06:03:00 GMT
    <![CDATA[Oman’s New Banking Law]]> Oman's New Banking Law

    The banking sector in Oman is favorable, and there has been a significant economic growth in the regulations in the Sultanate. The recently introduced policies and directives indicate that Oman's banking industry desires to work on the same lines as that of the industry best practices as well as protection of consumer rights. Banks in the Sultanate have witnessed a heavy increase in the revenue margins, and it continues to grow. This is a step forward to innovate and utilize this environment to fill in the gaps in the sector to refine the efficiency in the operations.

    The Central Bank of Oman ("CBO") is in the process of drafting a new banking law which will act as an added advantage to the emerging developments in Oman's banking and financial sector. The Executive President of CBO termed this initiative as an "agile" law, which will encourage new age banking avenues such as electronic payments.

    The law which will be implemented by the end of this year was addressed at the New Age Banking Summit in Oman. This summit was organized by the Oman Economic Review ("OER") together with Oman Banks Association. The Omani Government desired to bring this way forward change in the banking industry.

    With the successful implementation of the law, the Banks will continue to loan large investment projects, tourism, infrastructure schemes as well as imports. The by-laws for the new payments system will be introduced soon along with the law.

    The new age law will focus more and emphasize on value creation, digital banking and small and medium enterprises (SMEs). The law will ensure the regulatory requirements of the recent developments as well as the future ones.

    Taking a look at the statistics, in the year 2018, Oman's credit growth was up by 6.42% whereas the deposits increased by 7.8%. Calculating in the monetary terms, the credit was valued at OMR 25 billion whereas the deposits were at OMR 23 billion.

    This proves to be as evidence to the banking sector in Oman to have been characterized by substantial compliance, enough capacity to loan with decreased ratio and a satisfactory working environment. It is in a healthy state through innovation through digitalization. This ensures to improve the revenue and the offset the regulatory pressure, risks and compliance costs.

     

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    Tue, 28 May 2019 06:22:00 GMT
    <![CDATA[Legal Update for New Law on Arbitration – Federal Law No. 6 of 2018]]> Legal Update for New Law on Arbitration – Federal Law No. 6 of 2018

    The UAE Federal Law No. 6 of 2018 has introduced certain amendments in the UAE. It ranges from the enforceability of the interim awards as well as arbitral awards. In the appeal case of the Dubai Court, there was a welcoming development which stated that Arbitration is not an exclusive form of dispute resolution but an alternative on to the courts. It said that an arbitration stands alone not as an exceptional means for resolution of disputes but as an alternative solution. Arbitration as a dispute resolution mechanism is followed once the conditions are satisfied, taking into consideration the interest and intentions of the parties in a written form. It all case, the regulation makes it compulsory for the arbitration agreement to be in writing.

    Cassation Petition No. 1019 of 2018

    In March 2019, the Court of Cassation again stressed on the features of this dispute resolution mechanism, i.e. Arbitration, saying that it is an exceptional form. This case posed as a challenge to the Court for determining the validity of its jurisdiction. In this case, the parties exchanged several drafts of the agreement containing the clause for instituting Arbitration, but a hard copy of the agreement was not in place and signed by the parties.

    The Court of Cassation held that Arbitration is an express agreement where the parties refer their disputes to the arbitration tribunal and not to a bench of the Court. The fact that an agreement for Arbitration is in writing, signed by both the parties and constitutes valid provisions for dispute resolution, states that the parties are willing to resolve their disputes via the route of Arbitration.

    The Court also said that the text messages or electronic mails exchanged between the parties do not constitute arbitration agreement and therefore the pleadings out forth were baseless and to be dismissed.

    It is to be taken into notice that the Cassation court made no such reference to the Arbitration Law provisions, let alone its applicability. Since, there is no provision for precedents to be binding on subsequent judgements, it is still hoped that the Courts will and are becoming more Arbitration friendly with regards to the Arbitration Law.

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    Sat, 25 May 2019 11:43:00 GMT
    <![CDATA[Electronic registration system – Commercial Pledges for Saudi Arabia]]> Electronic registration system – Commercial Pledges for Saudi Arabia

    The Ministry of Commerce and Investment made an announced regulation for the Unified Registry for Commercial Pledges. These regulations were a step forward to the implementation of the Commercial Pledge Law. This acts as a regulating law for the creation of security on the movable property. In consonance to these regulations, the Ministry introduced the electronic registration system for registering the pledge contracts. The Ministry has published a handy guide for the Regulations, providing clarifications on the management of the registry.

    In pursuance to Article 3 of the Regulations of the Unified Registry for Commercial Pledges, the services of the Registry will be provided for electronically. Article 6(1) of the regulations make provisions for registering the pledge related contracts.

  • The pledgee has to submit an application for the registration of the pledge together with the copy of the contract and other relevant documents.
  • A notification will be sent by the Registry to the pledgor for the application and the details.
  • The Registry will offer a period of seven days from the date of the notification for raising any objections to the applications.
  • Once the pledgor gives an approval for the registration application or in case no objections have been raised, the registration will stand completed.
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    Mon, 20 May 2019 12:00:00 GMT
    <![CDATA[Jurisdiction of DIFC Courts]]> Jurisdiction of DIFC Courts

    The DIFC courts have been taking a actual yet expansive approach for rendering opinions on its jurisdictions. Consequently, the courts have evolved with a concept called the conduit jurisdiction in order to recognise and enforce the foreign as well as domestic awards given by the arbitration centres and the foreign judgments.

    In 2016, the Judicial Tribunal was established under the Decree No. 19 of 2016, with the intention of resolution of jurisdictional conflicts between DIFC and Dubai Courts. In a recent decision in the case of Sindbad Marine, it was held that the willingness and the ability of the party to put to use the Dubai International Financial Center Courts as conduit jurisdiction depends on the facts and the area of law.

    In this case, a nullification of the award given by the Dubai Courts was filed. Further going ahead, Sinbad appealed to the Judicial Tribunal to find a resolution for the conflict of jurisdiction. The tribunal believed that the DIFC courts exercised competency for recognising the award.

    In its first ever case between Daman Real Capital Partners Co. LLC vs Oger, the Joint Judicial Committee (JCC) had to decide the recognition and enforcement of an award made by an arbitration seat in Dubai. Daman made an application to the Dubai courts for an annulment of the award and to seek a stay of the proceedings until the ones at the Dubai courts.

    The committee concluded by recognising the competency of the Dubai Courts for making a determination on the validity of the awards of arbitration centres. It also made a point that the courts at the DIFC should be ceased of the power of even entertaining such matters.

     

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    Sat, 18 May 2019 12:00:00 GMT
    <![CDATA[GPSSA registration mandatory for Emirati Staff]]> GPSSA registration mandatory for Emirati Staff

    The General Pension and Social Security Authority announced that the Private, as well as Government Sector companies, must register their employees who are Emirati. Subject to the provisions of the Federal Law No. 07 of 1999 on Pension and Social Security for registering the employees with the GPSSA, it is mandatory for registering for all the UAE nationals, except for military retirees employed in Public and private sectors. The employee has to verify and make sure that the registration procedures have been done with the Authority. In the case of non-registration, the employee has to contact GPSSA to make sure that the rights of him and his families are protected adequately. It was also declared that the authority should reach out to the HR departments throughout the government and private companies.

    It is mandatory for the UAE national who are aged between 18 to 60 to get registered with the General Pension and Social Security Authority. They have to provide the GPSSA with a medical report that is duly issued by the certified medical centres. These reports act as evidences of them to be physically fit for the employment.

     The authority has always stressed that obtaining the social security coverage for all of the UAE nationals who work across the United Arab Emirates, is mandatory by the prescribed law.

     

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    Thu, 16 May 2019 12:00:00 GMT
    <![CDATA[Mandatory Decennial Liability Insurance in the UAE]]> Mandatory Decennial Liability Insurance in the UAE

    Following Article 880 of Federal Law No. 5 of 1985 (UAE Civil Code), contractors, architects and designers are collectively and solely liable to the employer for any total or partial structural collapse of buildings, and any deficiency that threatens the security and stability of a structure, for a limit of ten years from the date of handing over works to the concerned individuals. This liability is known as "decennial liability".

    An important fact about this liability is that it imposes a strict burden, which is, proof of negligence is not required. The only possible way to avoid decennial liability is if the failure is because of an external cause which involves a third party.

    Decennial liability makes significant cost consequences for those architects and contractors who are strictly liable for faults. Decennial liability insurance (DLI) covers for these cost consequences. In the UAE, DLI is available either as a standalone policy or as an extension to Contractors/Construction All Risks (CAR). Presently, a declaration of a limit upon the uptake of DLI in the UAE construction industry; this is presumed to be due to costs and the absence of familiarity with this particular issue. The observation of this absence is through the popular misconception that the policies as mentioned earlier (Erection All Risks or CAR) provide ample coverage. But, in the case of decennial liability, this is not true as the policies typically contain a list of exceptions to defects and also provide coverage for a limited amount in ten years. 

    In late 2018, UAE Insurance Authority planned to make DLI compulsory for engineers and contractors, for which introduction could be in 2019. The changes proposed will change the low uptake of DLI and guarantee the protection of the employers in the event of a structural default. There will be an array of costs associated with the new mandatory requirement, and project costs will significantly increase. It is urgent now more than ever, for consultants, contractors and insurers to understand in detail about the issue of decennial liability and risks associated with this liability.

     

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    Tue, 14 May 2019 11:07:00 GMT
    <![CDATA[Saudi Arabia’s new Anti-Spam Regulations]]> Saudi Arabia's new Anti-Spam Regulations

    Recently, the Kingdom of Saudi Arabia updated its regulations with regards to the electronic messages and marketing communications which are unsolicited. The CITC – Communications and Information Technology Commission who is responsible for the regulations for the telecom sectors in the Kingdom, it conferred with the responsibility of issuing rules for ensuring compliance with the Laws of telecoms under the Council of Ministers resolution No. 74. There has been a recent trend globally, that the regional as well as international bodies are recognising the issues and concerns of SPAM and are taking effective and considerable steps to deal with the same.

    The basic features and aims of the policy regulations is

  • Reduction in transmission of SPAM messages
  • Ensuring that the receivers have actively consented to the receiving of the texts being sent
  • Ensuring legitimate conversations between the sender and the receiver
  • Ensuring that the internet and the related support services are not counter to the moral and communal values of the Kingdom
  • The law prohibits the misuse of the telecom services for causing nuisance and disturbances. Article 58 stats that the service providers must protect the personal and private information of the users. Considering these changes, the commission issued the regulations for addressing the spamming or messages as well as other categories.

    The commission mandates the services providers to include clear terms and conditions which if not adhered to, will lead to possible termination and cancellation of the services. In this case, the senders are prohibited from texting SPAM messages and from sending flash texts which may appear on the screen without any intimation.

    Further going, the commission has specifically mentioned the type B class licenses for SMSs or Bulk SMS. This category applies to all the service providers who intend to send short messages, etc.

    The framework is developed on the following consultancy and design principles:

  • Assessment of the jurisdictions tackling the anti-spamming menace
  • Reviewing the current legislation and laws in Saudi Arabia
  • Review which is consultative and iterative with critical focus on the commissions subject matter and government organisations and the anti-spam policy framework and the committee.
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    Sun, 12 May 2019 12:00:00 GMT
    <![CDATA[register free hold units in Abu Dhabi]]> Expats are now allowed to register Free Hold Units in Abu Dhabi

    In April, Abu Dhabi made an initiative to enable foreigners to own property and land which fall in investment area based on freehold. Abu Dhabi recently made changes to the emirate's real estate laws.

    As till this change, foreigners were only allowed to hold properties on a 99-year lease, but with this new stand, it will help in maturing of Abu Dhabi's real estate laws. It will provide more clarity on the long-term investments thereby encouraging longer-term residency for the expats.

    His Highness directed Sheikh Khalid bin Mohamed bin Zayed Al Nahyan, Chairman of the Executive Committee to review the Abu Dhabi's real estate sector development on same lines as those with international trends and standards.

    The Law No. 19 of 2005 concerning real estate sector in Abu Dhabi was amended keeping in mind the rights and obligations of the Emirati citizens as well as expatriates.

    Article 3 (i) of the law provides that the rights to own property are categorised into three

    • Emirati citizens, natural or legal persons,
    • public holding companies with ownership not exceeding 49 per cent non-nationals
    • to any person to whom a decision is issued by the Abu Dhabi Crown Prince or the President of the Executive Council.

    Whereas, Article 3.2 states that the following shall have the right to own and acquire all the in-kind and original rights in properties:

    • non-UAE nationals
    • natural or legal persons

     

     

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    Wed, 01 May 2019 12:00:00 GMT
    <![CDATA[The Healthcare Data Protection Law in the UAE]]> The Healthcare Data Protection Law in the UAE

    In April 2016, The General Data Protection Regulation (GDPR), was agreed upon by the European Parliament and Council, which replaces the Data Protection Directive 95/46/ec in Spring 2018 is said to be the first law regulating the protection of EU (European Union) citizens' data and gives a draft of e-Privacy Regulation.

    The Middle East has also felt the need to introduce local data protection and regulations regarding privacy. The data protection regimes in the UAE Free Zones, are inspired by the privacy regulations and data protection guidelines and principles contained in the Data Protection Directive of 1995 and OECD Guidelines on the Protection of Privacy and Trans-border Flows of Personal Data, 1980.

    A specific federal data protection law has been absent in the UAE, until now. In February 2019, the President of the United Arab Emirates issues the Federal Law No 2 of 2019, also known as the Health Data Law. This law regulates the use of information technology and communications (ITC), particularly in the healthcare sector. The Healthcare Data Law is also said to be the first federal legislation which directly communicates data protection principles. The law introduces data protection concepts that are similar to that of the GDPR, such as: 

    • Accuracy
    • Purpose Limitation
    • Security measures
    • Consent to disclosure

    This law applies to all entities that operate in the UAE and Free Zones which provide healthcare facilities like, healthcare IT, healthcare insurance and other direct and indirect services in the healthcare sector or sectors that engage in activities that involve the handling of electronic health care data (Health Service Providers).

    Key components of the law

  • Data processing
  • This law helps to regulate the handling of electronic health data that originate in the UAE, which includes patient names, diagnosis, consultation, medical scan images, lab results and treatment data. Data privacy and protection concepts introduced include accuracy of the Health Data, purpose limitation of Health Data, consent to disclose a patient's Health Data to a third party and security measures are taken to ensure the safety of the Health Data.

  • Data security
  • The Health Data Law helps ensure that all information acquired will be kept confidential and refrain from sharing health data without proper authorisation. It stays faithful to the principles of the GDPR by avoiding the data from "amendments, alteration, deletion, addition or non-authorised damage".

  • Data localisation
  • One of the most significant aspects of this new law is the general prohibition on the transfer of health data outside the UAE unless authorised by the health authority in coordination with the government.

  • Data retention
  • Under this law, the preservation of Health data is for as long as 25 years from the date of the last procedure conducted on the patient.

  • Centrally controlled healthcare data management system
  • This law includes a centralised system of Health Data management which is controlled by the Ministry of Health and Prevention. Access and exchange of data are done uniformly and securely.

  • Exceptions to disclosure restrictions
  • This part of the law provides for exceptional cases where the consent of the patient for the disclosure of his Health Data can be without his permission. The exceptions include insurance companies, for scientific research, for public health preventive and treatment measures

  • Sanctions
  • This law contains several penalties for the non-compliance of the law which provides for disciplinary actions and monetary fines which are imposed by a disciplinary committee within the concerned health authorities.

  • Website blocking for licensing or advertisement violations
  • The Ministry of Health is entitled by this law to instruct federal or local health authorities to proceed with blocking of websites, either inside or outside of the UAE on non-compliance with the regulations that apply to healthcare advertising or that which provides healthcare information without a permit from the UAE Ministry of Health.

    The law will come into force by May 2019, but which will only amount to a basic framework to set initial rules and to establish a central IT system. Furthermore, implementation of regulations that provide details about its applications will be followed up by August 2019, which will then bring about clarity in areas relating to the rules and process for registering to access the integrated Health Data management system and exceptions to the data localisation requirements. 

     

     

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    Tue, 30 Apr 2019 01:15:00 GMT
    <![CDATA[Vat Implementation in Oman]]> Vat Implementation in Oman

    The Ministry of Finance in Oman wished to implement a 5% VAT regime from the 1st September 2019. The government of Oman signed the Gulf Cooperation Council (GCC) VAT Framework or Common VAT Agreement in 2017 which launched the consumption tax to help the GCC countries to help countries cope with the oil price collapse and recession that ensued. Saudi Arabia and the United Arab Emirates introduced the VAT in January 2018.

    On the 25th of September 2018, the Oman Chamber of Commerce and Industry held a special seminar titled "Value Added Tax (VAT): The Motives, Objectives and Potential Impacts on Economy and Development". The government of Oman expected to implement VAT in January 2019 but failed to do so. During the seminar, it was stated that there are now preparations to implement the VAT in September 2019. The state of Oman has, however, indicated that it would make foodstuffs, public transport, healthcare, education sectors and part of the housing sector, subject to a nil VAT rate as these are considered necessities.

    The Ministry of Finance in Oman has also stated its intention to comprehend the specific concerns of businesses and companies regarding the impact of VAT on specific industries. The Ministry of Finance also mentioned that there are plans to launch awareness campaigns for business owners and the public once implementation is imminent.  Businesses are urged to start preparing early and ensure readiness and day one compliance. Tax experts have stated that it takes, on average, 10 to 15 months for a company to implement VAT. Implementation includes making changes in its system, modifying its contracts, and training its personnel accordingly. The time needed to achieve varies with the size of the company. If companies delay their preparation for VAT implementation, the cost of implementation invariable goes up. The business will need advisers, IT vendors, and developers to ensure VAT compliance, and the less time they have, the hire they will charge for their services.

    Furthermore, companies will have to rush to ensure compliance with the new VAT regime which may introduce the risk of non-compliance to the company. There are penalties outlined in VAT legislation for every area where a company is non-compliant. A business will thus be liable to pay these fines where compliance is lacking because of rushed implementation. Therefore, preparation is essential both from a financial perspective and from a risk perspective.

    There are a few suggestions that could ensure that companies are preparing for VAT Implementation in Oman. Firstly, businesses and companies should form an internal VAT working group. This group will include key stakeholders and be tasked with monitoring developments in VAT and ensure that VAT is a consideration in budget discussions. Secondly, companies can increase VAT awareness by ensuring that their personnel understand the mechanics, scope and terminology of the VAT regime. Thirdly business should create a documentation system that enables them to keep an accurate record of transactions that trigger VAT consequences. Before VAT Implementation, companies can even ensure that they make estimates of the cost of VAT given the types of transactions they typically encounter.  Fourthly, the business' contracts should be reviewed to determine whether the clauses are suitable for allowing VAT charges in addition to contractually agreed prices.
    Finally, it is also ideal that businesses assess the readiness of their IT infrastructure to be the foundation of the VAT compliance function. Companies should examine their IT infrastructure and system capabilities to handle all aspects of VAT compliance. Taking heed of the suggestions should ensure that businesses and companies in Oman are ready for VAT Implementation by September 2019

     

     

     

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    Thu, 25 Apr 2019 12:11:00 GMT
    <![CDATA[Animal and Constitutional Rights in conflict with "Ag-Gag" Law in the United States of America]]> Animal and Constitutional Rights in conflict with "Ag-Gag" Law in the United States of America

    n the United States District Court in Des Moines, a lawsuit was filed on Monday 22 April 2019 alleging that the State of Iowa's new "Ag-Gag" Law. The Ag-Gag Law makes it a crime to conduct undercover investigations at livestock farms- the crime of trespassing. Essentially, anyone who gains access to an agricultural production facility by way of deception, that person will be charged with the crime of trespassing. Furthermore, whoever enters agricu

    ltural premises with the intent to cause injury to the business or interests of the owners of the facility, will be charged with the crime of trespassing. Agricultural premises or agricultural production facilities in terms of the law refers to factory farms, slaughterhouses, and puppy mills.

     In the case before the US District Court in Des Moines, the plaintiffs alleged that the new law violates the constitutional right to free speech as well infringes due process rights and is unconstitutionally vague and broad. The plaintiffs are a coalition of Animal rights groups comprised of Iowa Citizens for Community Improvement, Center for Food Safety, Bailing Out Benji and People for the Ethical Treatment of Animals. The plaintiffs are supported by the Animal Legal Defense Fund which alleges that the state parliament was lobbied by farm owners and corporates to pass the law. The Animal Legal Defense Fund asserts that farm owners want to hide their animal right infringements, as well as protect their corporate business allies from boycotts. The Fund is confident that constitutional provisions will override the Ag-Gag law because federal courts have consistently ruled that Ag-Gag laws violate constitutional rights. This assertion is made because upholding such laws threatens food safety, animal protection, the environment, and workers' rights.

     

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    Wed, 24 Apr 2019 06:19:00 GMT
    <![CDATA[Abu Dhabi Global Market issue Litigation Funding Rules]]> Abu Dhabi Global Market issue Litigation Funding Rules

    Introduction

    The Abu Dhabi Global Markets (the ADGM) are comprised of three independent authorities namely, the Registration Authority, the Financial Services Authority and the ADGM Courts. These authorities are tasked with ensuring that there is a business-friendly environment that operates according to international best practices utilised in major financial centres across the world.

    Following an extensive review of the litigation funding frameworks in other jurisdictions and a consultation process in November 2018, the Abu Dhabi Global Market Courts have released Litigation Funding Rules (the Litigation Funding Rules). According to section 225(2) of the Abu Dhabi Global Markets Courts Civil Evidence, Judgements, Enforcements and Judicial Appointments, a litigation funding agreement is an agreement whereby a person or funder agrees to fund advocacy or litigation services to a litigant (the Agreement or Litigation Funding Agreement). The funder can decide to finance advocacy and legal services in whole or in part. In return, the litigant is obliged to pay a sum to the funder in specified circumstances. Section 225(3) sets out the conditions that must be complied with if a litigation funding agreement is to be enforced, including that the agreement must be in writing and pertaining to litigation where conditional fee agreements are permitted. Sections 225(3)(a) and (d) also state that the Chief Justice of the ADGM Courts can prescribe conditions that apply to Litigation Funding Agreements. Thus, the Litigation Funding Rules give effect to section 225 of the Abu Dhabi Global Markets Courts Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations of 2015. There is increasing interest by third parties in funding legal proceedings in the Middle East, and the rules were introduced as a response to this need.

    Content of the Litigation Funding Rules 2019

    The rules outline the requirements that a funder must meet to qualify as a third-party funder in Abu Dhabi Global Market Courts arbitration and litigation proceedings. According to Section 4(1) of the Rules, the Funder must carry on business as a funder of litigation or arbitration proceedings to which they are not a party. The Funder must also have qualifying assets of not less than US$ 5 million or the equivalent in foreign currency. Section 4(2)defines qualifying assets as tangible or intangible property owned directly or indirectly by the Funder. Intangible or tangible property includes cash or cash equivalents such as movable or immovable property and investments. Monies and assets contracted to the Funder under a contract for fund management constitute cash, as well as paid up share capital if the Funder is an incorporated company. 

    The Rules also tackle issues of financial and other interests in third party funders. Section 5(1) of the Rules stated that the Funder must not be owned in whole or in part by a lawyer or a law firm who has referred or introduced a client in relation to the proceedings. Furthermore, if the funder is owned wholly or partly by a law firm, the funder must not be a lawyer or law firm whose client has a litigation Funding in force with such Funder in relation to ongoing proceedings. It must be noted, however, that if ownership in section 5(1) does not refer to a stockbroker or other professional investment manager who deals with an individual's dealings in securities without having obtained prior instructions from that individual.

    The Rules require for a Funder to ensure that a litigant has received impartial legal advice concerning the Litigation Funding Agreement before entering into such agreement. The litigant can confirm obtainment of such legal advice in writing to the Funder according to section 6. Section 7 of the Rules state that the Litigation Funding Agreement must detail the scope of the funding, the amount of financing and how the Funder is to recover his money. The Litigation Funding Agreement must also state to what extent the Funder is to be liable for an adverse costs order, or payment of a premium. Section 8(2) protects the litigant by stating that the litigant will only be obliged to pay any proceeds to the Funder once the litigation proceeds are covered.

    The Litigation Funding Rules pre-empt situations where a conflict of interest arises. Section 9 states that the Litigation Funding Agreement must not contain any terms that induce the litigants' legal representative to breach their professional duties to their client or the ADGM Court. The Funder is prohibited from including terms in the Litigation Funding Agreement that allows the Funder to influence the litigants' lawyers or law firm. In addition, if the litigation funding agreements include more than one Funded Party, then the Funding agreement must include provisions that manage conflicts of interests between all parties involved.

    A Litigation Funding Agreement must also include provisions that specify the Funder's role should the parties to litigation decide to settle. Also, the Agreement must indicate the circumstances under which the Funder may terminate or not terminate the Agreement. The Litigation Funding Agreement must oblige the Funder to hold all information and documentation relating to the proceedings as confidential. The Agreement can also prohibit the Funder from seeking disclosure of information that is privileged or confidential from the Funded Party's lawyer or law firm. The Agreement must stipulate that no commission, fee or share of the proceeds shall be paid to the law firm or lawyer if the litigant was referred to the Funder such lawyer or law firm. The Agreement must also require that the Funder notify the litigant if the Funder is no longer able to meet its obligations as per the Agreement. The Agreement must also include a jurisdiction clause which allows proceeding to commence proceeding in ADGM Courts expect if there is an arbitration agreement to the contrary. The jurisdiction clause must also indicate that by concluding the Agreement that the Funder has expressly submitted itself to the jurisdiction of the ADGM Courts.

    ]]>
    Mon, 22 Apr 2019 03:26:00 GMT
    <![CDATA[Canada Supreme Court: Child Predators’ constitutional right to privacy cannot be upheld]]> Canada Supreme Court: Child Predators' constitutional right to privacy cannot be upheld

    On Thursday 18 April, the Supreme Court of Canada ruled that sexually explicit electronic communications are private except where the recipient of such sexually explicit content is a minor. In that instance, electronic communications can be used in a police investigation without a warrant. The facts concerned police officers who posed as a child and received explicit messages. A policeman from Newfoundland created fake Facebook and Hotmail accounts, using teen girls as their personas.  A meeting was arranged in a local park between the police officer and the defendant. The defendant then stated that the police officer should have obtained prior judicial authorisation to intercept the electronic communications before using them in a prosecution against child predators.

    In a unanimous 7-0 decision, the Supreme Court stated that the defendant should not have expected for his privacy to be protected as he was under the apprehension that he was conversing with a child, who was, in fact, a stranger. In such an instance, the defendant cannot expect their constitutional right to privacy to be upheld. The court also set a precedent regarding screenshots by stating that screenshots are merely copies of an existing record of communications and not new records created by the state for prosecution.

     

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    Sun, 21 Apr 2019 06:22:00 GMT
    <![CDATA[Abu Dhabi Real Estate Sector Regulation Amendments]]> Abu Dhabi Real Estate Sector Regulation Amendments

    Introduction

    Real estate is a serious and considerably substantial part of the UAE's economy, and while it is not the biggest, it is certainly up there. Abu Dhabi itself is the largest Emirate by sheer land size covering over half of the entire nation. However, at the same time, it has only the second highest population with Dubai being the most populated state.

    Further to this, Abu Dhabi is very different in its economic makeup than Dubai. While Dubai is the most famous Emirate in the UAE, Abu Dhabi is the Capital and also the richest. It primarily relies on its oil-based wealth and this is what has driven the country as a whole to the position it currently finds itself in, making it an exciting prospect.

    The Emirate also has a considerable amount of laws unique to it or under its jurisdiction, as do most of the others in the country, and the real estate regulation has recently received an amendment. The particulars of the change are as follows.

    Ownership and Use of Property

    The UAE President and also the Ruler of Abu Dhabi, His Highness Shaikh Khalifa Bin Zayed Al Nahyan has issued an amendment to the previous 2005 real estate sector regulation. There are two crucial changes and the first concerns amendments to Article 3 of the old law.

    Part three of the Article 3 amendment specifies who can purchase property in Abu Dhabi. There are three types of individuals or organisations that may, and these include UAE nationals and citizens, Entities with a 49% or less foreign ownership and anyone for whom a decree or decision is issued for by the Crown Prince. Further to this, section two stipulates that non-nationals will be able to purchase property within specified and designated investment areas.

    Article 4 of the amendment Concerns holder of usufruct; should ten years pass, the holder will be able to dispose of the property and mortgage without requiring the consent of the landlord, though the landlord will be unable to mortgage the property without the holders' permission.

     

    ]]>
    Thu, 18 Apr 2019 16:26:00 GMT
    <![CDATA[UK Proposed Social Media Regulation for Young Individuals]]> UK Proposed Social Media Regulation for Young Individuals

    Introduction

    Communication and self-expression are a more significant part of many people's lives now than ever before, and also, on top of this, being able to locate, access and form opinions on the works and views of other is also a much more widespread practice than was ever previously possible. This shift has occurred in large part, due to social media.

    If one were to take a moment to think about this, it is not impossible to take a look into the past, where only a couple of decades ago, sending letters was the primary method to communicate, and finding and meeting other people was a far more substantial and difficult task than it is now. Social media allows for many new forms of communication, and importantly, it is accessible to billions of individuals and organisations around the world.

    Here we will consider the fact that social media platforms are widely available for today's youth. There are millions of individuals who are under the age of 18 who can go online and, at a most basic level, leave likes on the content they approve of or are fond of, which, in the modern age of data and the internet, can give rise to privacy concerns. The UK has proposed a regulation which looks to provide more secure protection to the younger generation.

    18 and Over to Like?

    There are numerous organisation and entities out there, both with good intentions and bad, who use data such as the likes a person leaves on social media, to gather information about them. Most are aware of this fact, though plenty are not, and especially among children and teenagers, this could give rise to serious privacy issues.

    The proposed UK law would remove the ability to leave likes and similar actions on social media platforms for people under the age of 18. This change would likely leave many unhappy, though the reason stated for doing so protects the longer term and more important interest of the people impacted, whether they are aware of this or not.

    Time will tell if and when this regulation will come into effect, though it is currently under consideration in the UK.

     

    ]]>
    Wed, 17 Apr 2019 05:40:00 GMT
    <![CDATA[UAE Healthcare Regulation Regarding Freezing Embryos]]> UAE Healthcare Regulation Regarding Freezing Embryos

     

    Introduction

    Having children is a serious consideration for any potential parents. It is a decision which requires great maturity, foresight and planning. Often, these are qualities and commitments more common and prevalent among older individuals. These people are often looking to settle down and begin to consider the future of their families, and are far more willing to spend the time and resources to raise a child.

    However, an issue that arises is the fact that as one gets older, particularly a woman, the chances and ability to be able to have a child go down, and beyond a certain age and period in one's life, there will no longer be the option. With the continual evolution of medicine and related scientific discoveries, this limiting factor is being pushed.

    There are further methods to allow for a higher level of control over the situation such as IVF and freezing embryos for later use. These practices were prohibited in the UAE, though a change is incoming soon, which is summarised as follows.

    Restrictions Relaxed

    There have been large numbers of Emiratis who have chosen to travel abroad for these types of procedures as they are available and relatively common in other jurisdictions. The UAE will allow for embryos to be frozen and stored so that they may be used at a more appropriate time while ensuring the matter is not left too late.

    There are certain caveats to this such as in the event of a divorce, the embryos stored may have to be destroyed. However, the overall change will allow Emiratis to remain in the country rather than having to travel abroad.

     

    ]]>
    Tue, 16 Apr 2019 16:09:00 GMT
    <![CDATA[UK Tenancy Regulation Amendment for Eviction]]> UK Tenancy Regulation Amendment for Eviction

    Introduction

    Renting property is a crucial and important part of a considerable number of people's lives. In the UK, just under 40% of people rent at this point in time, though only around 20% rent privately. This includes individuals and families.

    People who rent properties must take into consideration numerous factors that landlords would not have to. One of the most worrying and concerning issues for tenants is that, since the properties are not truly their own, the landlord may provide them with notice to vacate the properties at any time. A notice period of around two months is generally required, though very little reason is required on the part of the landlord before they may make this request.

    This type of eviction may soon be prohibited though. A place to live is a major commitment that require making, and the search could take a considerable period of time. As such, the UK is looking to introduce regulations and limitations on the matter of eviction of tenants.

    Ample Reason and Ample Consideration

    Currently, a landlord may order a tenant to vacate their property through the issuing a section 21 notice. This will require an eight week notice and, though a reason does not need to be provided to make the notice fair.

    The new regulation looks to prevent this from happening and a reason should be provided for the eviction. Of course, the property still belongs to the landlord, and so the reasons could be as simple as the landlord wishing to move into their property, or the tenants causing issues.

    The overall goal of this change is to ensure that tenants have a greater level of protection and the system of evictions is fair and just.

     

    ]]>
    Mon, 15 Apr 2019 05:20:00 GMT
    <![CDATA[Mexican National Bank Issues Circular Concerning Cryptocurrencies]]> Mexican National Bank Issues Circular Concerning Cryptocurrencies

    Introduction

    Cryptocurrencies are a very curious and interesting modern day example that many nations will be looking to learn from and gain insight. There are many systems in place that have existed nearly unchanged for hundreds if not thousands of years. Examples of these systems include money and different forms of currencies.

    As such, it is not often that something revolutionary and potentially world-changing come about. Cryptocurrencies are one such thing. However, while they are new and highly technologically advanced in concept and nature, this does not mean that are no accompanying issues. Individuals and entities with bad intent have and will find ways to manipulate this new currency for illegal actions.

    The Bank of Mexico has recently released a circular with the intention to prevent the rise of such illegal actions. The entailments of the circular as well as the Mexican government's intentions with the coming law can be summarized as follows.

    Preparing for a Digital Future

    Some of the crucial areas which have been identified as requiring legal protection to ensure they are not abused include the likes of money laundering and related criminal activities. The method through which this will be combated is with the introduction of permits.

    Permits will be issued to those exchange platforms that qualify to receive them. With the government able to control the movement of cryptocurrencies within their nation, money laundering will occur to a far lesser degree.

    The change is a necessary one, though more changes will have to arise before these digital currencies can receive even similar treatment to ordinary ones. However, this is a strong initial step in the appropriate and right direction.

     

    ]]>
    Sun, 14 Apr 2019 05:56:00 GMT
    <![CDATA[UK to Introduce and Allow No-fault Divorce for the First Time]]> UK to Introduce and Allow No-fault Divorce for the First Time

    Introduction

    Marriage is a crucial part of the world around us, and for a large number of people, it will at some point become a point of consideration during one's life eventually. Marriage has been performed for centuries and is a commitment, almost always for the entire remainder of a person's life.

    In more recent times, marriage has become less of a spiritual and religion based concept, and countries consider it a more legal obligation and binding between two parties. However, under both of these concepts, ending a marriage through a divorce is a grave matter. Problems do arise between people, and what may have once seemed like a good match and idea may deteriorate. However, the UK has required there to be a reason present to justify a divorce due to the legally binding nature.

    For the first time, the UK is set to allow for no-fault divorces, where neither party has necessarily come to a fault, but instead, they amicably agree a split is the best option. The repercussions and entailments of this change are as follows.

    No-Fault

    For one to get a divorce which falls under this category, the two parties will have to apply, and as per the Ministry of Justice, this will commence a six month reflection period in which the parties should carefully consider what they are about to do. Marriage is a serious matter, and so careful and lengthy consideration should occur before it can end.

    However, the fact that the no-blame system will exist will also allow couples to end the relationship before issues can get out of hand, and more blame and hate can arise. A mutual and fairly calm separation is far more desirable than a bitter and hateful one.

    All in all, the change looks to make the process of marriage less of a scary one with a quick and easy exit if things should start to go awry.

     

    ]]>
    Thu, 11 Apr 2019 03:35:00 GMT
    <![CDATA[Australia Seeks to Introduce New Animal Rights Activist Regulations]]> Australia Seeks to Introduce New Animal Rights Activist Regulations

    Introduction

    Animal rights are becoming a more and more prominent issue on a global scale. The further the law has progressed for human rights, and the more set in stone these fundamental human rights become, the more our attention moves to further topics that require attention.

    While animal rights were once barely a consideration, and the personal moral compass of the people was the only thing preventing abuse, animal rights and protection has transformed into a broad and deep topic discussed at the highest levels in many jurisdictions around the world. There are laws and rights in place in most developed nations, and numerous activist groups are fighting for further legal enforcement of these rights.

    However, while these activist groups often have good intentions and worthwhile causes which have helped and may help to bring around significant changes and improvements, there are times where the activities and actions performed by the groups become unsavoury in nature and outcomes. Australia is looking to introduce regulations which may control this matter.

    Criminalisation of Specific Activist Activities

    While the general intention with activist groups is to raise awareness on specific topics and hopefully bring about positive enforceable change, there are times when they go too far. This Australian ban primarily concerns and comes about as a result of a specific vegan activist group, after they had posted the locations of individual farms and zoos in an attempt to have slaughterhouses closed down.

    The regulation would criminalise and penalise the act of publishing the locations of such properties as they are considered private property where families reside, and no organisation should have any right to spread this type of information which could result in harm or harassment arising for the people who own the farms and their innocent families.

     

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    Wed, 10 Apr 2019 04:24:00 GMT
    <![CDATA[UK Parliament Approve Bill to Prevent No-deal Brexit]]> UK Parliament Approve Bill to Prevent No-deal Brexit

    Introduction

    To those individuals outside of the UK and those with little interest in British politics and political ongoings, Brexit may seem a somewhat distant memory. The voting initially took place back in 2016 and so almost three years have now passed.

    However, while the voting stage was conducted and finalised some time back, lawmakers and politicians in the country have since been hard at work moving all of the pieces and attempting to put their nation in the best possible position to ensure the security of the future. The UK is a significant global power, and this position would be a crucial one to maintain along with the relationships with foreign jurisdictions that have arisen through the decades and centuries.

    With the negotiations that are occurring between the UK and the EU, the nation is looking to put itself in the optimal position and ensure the best deal possible finally arises. However, the road has been a bumpy one, and one of the fears now is that a Brexit will take place and no deal will emerge. With this fear present, the Parliament has voted and passed a bill to ensure this does not occur.

    No No-deal

    Close to three years have now passed since the Brexit vote, and if one were to recall, the process was initially intended to have been completed in around two years. Two extensions have already occurred with the current deadline being April 12 2019. Parliament's recent vote was to ensure that the UK does not crash out of the EU on this date with no deal in place.

    This Bill was approved of in the House of Commons by a vote of 390 for and 81 against it. Things are not in the best of states with discussions at this time, and the hope is that there is a light at the end of the tunnel and a good deal to be made for the UK, its economy and its people.

    ]]>
    Tue, 09 Apr 2019 02:29:00 GMT
    <![CDATA[Legal Updates for April 2019]]> Legal Updates for April 2019

    I. Hong Kong tax regime for funds set to change

    The European Union has identified the tax regime for Hong Kong as one of the problematics on account of its fencing features which include preferential tax treatment for funds which is partially or fully isolated from the domestic economy. The Hong Kong (HK Government) drafted the bill for Inland Revenue (Profits Tax Exemption for Funds) (Amendment) Bill 2018 which has introduced the changes to the existing profits tax exemption for non-resident funds.

    To consolidate Hong Kong's competitive edge in the manufacturing and management of funds and not to be put on the EU's list of non-cooperative jurisdictions for tax purposes, the Government announced in the 2019 Budget that a review would be conducted on the existing tax concession arrangements applicable to the industry with regard to the international requirements on tax co-operation in order to address the EU's concerns. The Bill, when enacted, will thus provide a profits tax exemption to eligible funds operating in Hong Kong.

    II. Value Added Tax Rate to be applied to Bahrain

    Bahrain approved the introduction of the VAT under the Royal Decree No. 48 of 2018 which was approved by the Upper House. With effect from 1st January 2019, a rate of 5% will be applied. This rate is quite like those already been in existence in the other GCC countries.

    The VAT Law in Bahrain has been published and confirms that VAT will be introduced in Bahrain on 1 January. The VAT Law differs from the VAT rules of the United Arab (UAE) and the Kingdom of Saudi Arabia, around the zero-rating and VAT exemption provisions. From VAT implementation in the UAE, Saudi and countries, businesses need to prepare early, to ensure readiness.

    The Law sets out industries which will be exempted from VAT. The precise application, scope, and conditions relating to the zero-rating or exemption will be provided in the Executive Regulations. The Exemption is applicable to Oil and Gas (O&G) sector, Financial Services, Real Estate, Education, Basic food items and Local transport.

    Businesses should consider the impact of the VAT Law on their business and ensure what steps they need to take to guarantee they are ready to comply with the new VAT system.

    III. Can Foreign Arbitral Awards be enforced in Saudi Arabia?

    It was on 8 October 2018, the Ministry of Justice of Saudi Arabia announced that in the last one year its enforcement courts received a record-breaking 257 applications for enforcement of judgments and arbitral awards rendered outside Saudi Arabia, which were appraised at SAR 3.6 billion or "nearly one billion dollars."

    The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been acceded to by Saudi Arabia. There was a lot of uncertainty around the recognition and enforceability of the awards since all the awards were supposed to be translated into Arabic and submitted to the Saudi Board of Grievances. This new law will act as a substantial growth for numerous foreign enforcement applications.

    Establishing of the Saudi Center for Commercial Arbitration is an example of Saudi Arabia's reignited care in resolving disputes through arbitration, which is an essential element for drawing investments and ensuring that international commerce continues thriving in Saudi Arabia.

    IV. UAE's 'PPP' model

    The Public-Private Partnership model will serve goals for implementing a sustainable and competition-based economy for UAE. It is to serve the interests of the public by integrating efforts, funds, knowledge, and expertise with technologies from the government as well as private partners. Additionally, it acts as an option for rendering commodities and services at comparatively lower. Besides, it is an ideal option to give efficient products and services at a decreased cost and to use the private sector's capabilities and efficiency. It attracts national and foreign investments cost savings on operation and maintenance through competitive bidding and innovative technologies which are offered by private tenderers motivating the private sector to innovate promoting economic growth by creating job opportunities in the country reducing government spending and funding and sharing financial risks with the private sector.

    V. Premium Product concept introduced by RAK ICC

    Premium Product, a hybrid IBC/Free-Zone Company, is a collaboration linking RAKICC and Ras Al Khaimah Economic Zone (RAKEZ) that recognizes offshore companies registered with RAKICC to carry out their ventures onshore by establishing a subsidiary at RAKEZ. More international pressure is put on offshore jurisdictions, particularly from the OECD and the European Union. Free-zone Corporations are acknowledged as Companies of substance because they are in a Free-Zone which are not run from another country as in the case of IBC (offshore Companies).

    The International Corporate Centre for Ras Al Khaimah (RAK ICC) which is a Corporate Registry has introduced the latest premium Product wherein a company which is established within the RAK ICC can automatically and subsequently have a subsidiary of the existing establishment in the RAK Economic Zone. This concept of Premium Product can provide investors and businesses with an opportunity to take advantage of both registries.

    ]]>
    Mon, 08 Apr 2019 02:38:00 GMT
    <![CDATA[UAE to Introduce New FDI Regulations for Improved Foreign Investment]]> UAE to Introduce New FDI Regulations for Improved Foreign Investment

    Introduction

    The UAE is known for its vast wealth and success, and this has all arisen since the country gained its independence only a few decades ago. The primary and critical drive that allowed for this was the discovery of vast oil reserves. Many of the Middle Eastern nations have, through the years, discovered oil reserves within their lands and have then proceeded with varying success.

    The UAE is an excellent example of how this resource can be used effectively and allow for the country as a whole to grow and be recognized globally. However, oil is a finite resource and so as much as it has helped the UAE in becoming what it is, it cannot be relied on to ensure the future. The UAE is aware of this fact, and so there have occurred essential strategies and plans to allow for diversification and growth through further means.

    One area which the UAE has excelled and given itself a boost through the use of their oil is to form a great international business environment which promotes substantial foreign investment and attracts many foreigners and their ideas and money. For 2019, there appears to change further driven by legislation concerning FDI.

    Increasing FDI

    Foreign Direct Investment (FDI) is when foreign entities or individuals directly invest in another country. The UAE is looking to increase the amount of investment coming into the country, and they will soon be laying out new regulations for 2019 and beyond to assist with this.

    The Ministry of Economy has stated that they will introduce and announce changes in the upcoming few months, and the hope is that these will aid the nation and increase the FDI that comes into the country over the previous years.

    The current hope is for a 20% increase over the previous year. With such a rise, it will become clear that the country is on the correct path into the future.

     

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    Sun, 07 Apr 2019 04:04:00 GMT
    <![CDATA[Abu Dhabi Regulation on Subletting and Overcrowding]]> Abu Dhabi Regulation on Subletting and Overcrowding

    Introduction

    Living in the UAE is a story of two halves. On the one hand, there is the high life which is known around the world. A life of luxury and every comfort imaginable, surrounded by some of the most famous landmarks and feats of engineering.

    However, it will be of no surprise to most that the UAE is not some strange land where all live in such positions. There are, as with any country, the upper class, middle class, and lower class to fill out the variety of job roles available. All must consider accommodation while they reside in the country and for many, shared accommodations are the best or only option.

    However, there are many things to consider for both the tenants, but also the landlords and any who sublet properties. When renting out a property, the size and area is a crucial matter to consider. Overcrowding of properties should never occur, and the Abu Dhabi government is aware that the issue does exist far too commonly.

    Repercussions for Failing to Comply

    If properties are found to have been rented out and subleased to a number of individuals too large for the purpose and space available, there will now be fines and punishments in place for the landlords and subletters.

    At a basic level, the new legislation will allow for fines of up to AED 1 million, though this will only arise for the worst of the new legislation's offenders. More generally, penalties will range from AED 10,000 to AED 100,000, and this will rise for repeat offenses.

    This issue is not a new one, and it gives rise to questions of decency concerning living spaces and also safety matters. The new law will allow for greater control and more severe repercussions to those who fail to comply.

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    Thu, 04 Apr 2019 04:02:00 GMT
    <![CDATA[UAE Cabinet Altering Requirements to Sponsor Family Members]]> UAE Cabinet Altering Requirements to Sponsor Family Members

    Introduction

    The UAE is among the most diverse nations in the world when it comes to the number of expats residing therein and also when it comes to the variety of different nationalities that there are. This statistic is quite a significant one and gives rise to many of the matters of consideration and concern in the country for the individuals and the government.

    Around 80% or more of the population of the UAE hail from various foreign countries and work in the UAE for the high quality of life, good pay and a safe environment to name a few of the reasons. However, to enjoy these perks, one would first have to obtain a job, and if people want to bring their families with them to live in the UAE, the process requires further criteria first to be met.

    The nation has recently announced its plans to introduce a change which will come as a welcome surprise to many, and the hope is that it will further attract foreigners of a broader and more varied professional background. The introduction is as follows.

    Pay Dependency

    For many years now, to bring one's family with them to the UAE and obtain visas for them, specific positional requirements must be met. As such, only employees of a certain level and having particular job titles would be entitled to do so, which allowed companies to restrict employees on this front if they so wished.

    However, the requirement has undergone deep consideration by the Cabinet, and they have identified that it is perhaps not the optimal route to take. Instead, an individual's pay should be considered first and foremost. Above a certain salary or package value, any individual should be entitled to bring their families over to the UAE and obtain visas for them.

    More details on this front will come from the Cabinet in the following weeks and months, though many will agree that the change is a positive move.

    ]]>
    Wed, 03 Apr 2019 11:27:00 GMT
    <![CDATA[UAE Healthcare Sector Data Privacy Regulation Introduction]]> UAE Healthcare Sector Data Privacy Regulation Introduction

    Introduction

    Data is produced on all people who live in the developed world and many who don't, through a plethora of means, often including their habits and practices online. One's social media profiles and activities, online shopping habits and any other interactions, are often collected and create something of a pattern of that person online.

    However, not all data is so simple, and in most cases, the majority of individuals prefer their personal information to remain confidential and unavailable to everyone; some specific data is regarded as more confidential and private than others, such as medical information. Concepts such as doctor-patient confidentiality have existed for decades now, and the same care arises on the topic of collected digital medical records and data.

    The UAE healthcare sector has recognized this and is, therefore, taking the appropriate steps to ensure the law provides adequate protection to all people in the nation in this regard. While the bill has yet to come into effect, it is only a matter of time now.

    What the Law Entails

    The Federal Law Number 2 of 2019 will cover just this topic and will ensure that the UAE is brought up to the global standard when it comes to data handling and protection. All of the entities involved in the healthcare processes and obtain private information from insurance providers the hospitals will fall under this law.

    The data should be of primary concern, though there are a few entities that will be entitled to obtain the information should the need ever arise, and this includes the Health Ministry and other official government organizations.

    The law has yet to be introduced in the national Gazette, though once it is, it should be around three months until the law comes into effect.

    ]]>
    Tue, 02 Apr 2019 05:39:00 GMT
    <![CDATA[Australian Social Media Regulation for Violent Content]]> Australian Social Media Regulation for Violent Content

    Introduction

    Social media is a powerful tool when utilized appropriately. It is also a reasonably modern introduction, and in many ways, it is one of the great modern technological innovations. While perhaps not as impactful as some of the greatest inventions of the last century or so, it is currently among the most influential and well known.

    The reach of social media cannot be understated. With the number of internet capable devices only ever growing and access to internet connections becoming a far more common occurrence, individuals, as well as companies and larger entities, can reach and interact with others easily and regularly. There is very little to prevent one, especially in the developed regions of the world, from going out and accessing social media, and also sharing their stories and opinions.

    However, with such freedom comes significant risk. While the public is generally quite sensible even when considering areas and topics of disagreement, there are a small minority of people out there who only wish to spread falsehood and violence. Australia has taken a strong stance against this and is planning to enact a piece of legislation to deal with the matter.

    Monitor Your Platforms

    The purpose of the future regulation is to place a duty upon the social media platforms to monitor the content that is released within them. Any material that incites violence or shows violent acts taking place should be dealt with appropriately and removed.

    The big social media companies provide a powerful tool to a large number of people, and so they should ensure that the platforms are not being abused. Protecting against the universal evil is a must and, especially in the light of recent events that have taken place globally, Australia has seen fit to introduce this new law.

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    Mon, 01 Apr 2019 04:10:00 GMT
    <![CDATA[Singapore Regulation Allowing Control over Fake News]]> Singapore Regulation Allowing Control over Fake News

    Introduction

    The news is a powerful tool in the right hands. From one angle, it can be seen as a necessary part of society and everyday life. With the majority of people being curious about the everyday occurrences around the world, they often look at the news daily.

    Further to this, there are a large number of news organizations and outlets people can choose to obtain their daily doses from, and while there bias is generally frowned upon, in many cases the political alignments of those who run the news agencies lead to bias reports.

    An issue which has come up to the forefront in more recent times is that of fake news. News which is reported as being the truth, but is, in fact, either entirely false or bias to the point of being deceptive and misleading to the public. Singapore has recently announced the introduction of a regulation which will allow them to manage and deal with such issues.

    Managing the News

    Fake news will be considered something of a threat to many governments around the world. With the power of the press and news outlets, such a concept can be used to push agendas, and its reach may span far and wide.

    This new regulation will provide the Singapore government with the unprecedented ability to request any outlets to remove news that it considers falling under the label. However, under the legislation, they will only be able to ask this in the face of news which is indeed false and deceitful.

    The new law will be called the Protection from Online Falsehoods and Manipulation Bill. The legislation is not in effect yet though and still has multiple phases and readings to go through before it can come into effect.

    ]]>
    Sun, 31 Mar 2019 05:37:00 GMT
    <![CDATA[Changes to DIFC Employment Law]]> Analysis of the Proposed Changes to the DIFC Employment Law

    The Dubai International Financial Center (DIFC) is one of the many free-zones in the UAE. Each of the seven Emirates of UAE created their free-zones with the aim of increasing international business by offering 100% ownership to expatriates and single window administration. Except for the UAE Penal Code, the free-zones are usually governed by rules and regulations which are specific to a particular free-zone.  Other laws like the Federal Civil Law only apply if the free-zone regulations are silent or insufficient on the specific topic.

    Dubai International Financial Centre

    One of the most advanced free-zone in terms of the law, DIFC has specific contract laws, laws regulation of company formation and insolvency, real estate regulations, rules of interpretation, and its own arbitration center and court system including a Court of Appeal. The laws in DIFC, unlike the laws in "on-shore" UAE, are based on the common law principles.

    The DIFC is not regulated by the UAE Federal Labour Law No.8 of 1980 (as amended), which applies to all employment relations in UAE and its free-zones. DIFC employment regulations are covered under Law No 4 of 2005 (as amended by DIFC Law No.3 of 2012) (the "Current Law").

    DIFC however, expressed its intentions to replace the existing law with a new employment law and with this regard published a Consultation Paper with a draft of the new DIFC Employment Law (proposed DIFC Law No.6 of 2018) (the "Proposed Law") inviting analysis from the public with regard to the changes it proposes.

    Purpose

    The primary aim of the Proposed Law is to bring the DIFC employment laws more in line with the Labour Laws of UAE. It aims to balance the needs of both employers and employees in the DIFC by providing a framework of minimum standards of employment and fair treatment.

    Key Changes

    • Application:

    The law will apply to:

  • Both short and part-time employees;
  • Those who can demonstrate a close connection to the DIFC jurisdiction, which is subject to the determination by the Court;
  • Those who have agreed under the Employment Contract to be subject to the Proposed law; and
  •  Employees working in DIFC pursuant to a secondment (temporary transfer of an employee).
  • Reason: The Current Law, specifically under Article 4(2) in many instances proved to be problematic. It stipulated that the law shall mandatorily apply to contract of employment of Employees ordinarily working in or from the DIFC. Instances of these circumstances were also provided in the guide, such as:

  • Shift workers in retail outlets in the DIFC who may also work for their Employers outside DIFC.
  • Employees employed elsewhere in the world but gets seconded to the branch in DIFC under the same contract.
    • Probation

    Though there is no stipulation with regard to probation within the Proposed Law as to the length of the probation; if a probationary period has been agreed upon between the employee and employee, it needs to be reflected within the employment contract. Further, minimum notice periods shall not apply during the subsistence of the probation period.

    • Duties of Employees

    Article 56(1) of the Proposed Law lays down the employee's duties to the employer, including:

  • Serving the employer faithfully
  • Complying with the employer's reasonable instructions;
  • In performing their duties, exercise reasonable skill and care; and
  • Non-disclosure of confidential information of the employer.
    • Penalties

    Article 18 under the Current Law has a number of restrictions and requirements placed on the Employers but without any corresponding provisions relating to fine, penalty or other remedies to ensure compliance.  Application of Article 18 caused harsh consequences like an employer unintentionally miscalculating a payment due on termination which could trigger the penalty clause under the Existing Law which could have devastating consequences like causing the restructuring of business or close of operations.

    In order to redress this shortcoming, the Proposed Law under Article 9 introduces a new regime for fines and penalties for contraventions under the Law. The Article specifically stipulates that allowing DIFCA to impose fines or penalties will not limit the rights of employers or employees to enforce their rights, privileges, remedies, actions or claims under the Proposed Law or any other relevant law. Schedule 3 to the Proposed Law contains the suggested fines for contraventions.

    • Family Friendly Benefits and Rights

    Article 38 of the Proposed Law provides for paternity leave extending up to 5 days to male employees to whom a child is born or adopts a child under the age of five years;

    Article 56 extends the right to time off for antenatal care to male employees to attend medical examinations of pregnant wives or attending adoption proceedings.

    • Sick Pay

    Under Article 34 of the Current Law, all 60 leaves provided to the employee during a 12-month period are fully paid by the employer. This was not in line with the Federal Law which provided for 15 days of fully paid leaves and 30days at half pay.

    Article 34 of the Proposed Law will introduce the following limitations in respect of the Sick Leave Pay are minimum standards:

  • The first 10 days of leave taken in a period of 12 months shall be fully paid;
  • The next twenty days of leave taken within the same period subject to payment of half an employee's salary;
  • Any additional leaves taken shall be unpaid.
  • However, the employer has the flexibility to contract more favorable terms where required.

    • Discrimination

    Under Article 58 of the Current Law the grounds for discrimination is limited to:

  • sex;
  • race;
  • marital status;
  • nationality;
  • mental or physical disability; or
  • religion.
  • There is also no provision regarding remedies under the Current law for complaints with regards to discrimination rendering the law without any effect.

    Article 59 of the Proposed Law proposes the following key changes:

  • Age and pregnancy have been added as a new category of discrimination;
  • Any claim for discrimination must be initiated within a period of 6 months from the date of the complained act;
  • Where the complaint involves several concurrent acts, the 6 months' period will start from the end of the period during which the acts occurred.
  • Employees can request information from the employer for ascertaining and support of whether they have been subject to any discriminatory practices. If the employer fails to comply with the request, the employee may approach the DIFC courts for a remedy in the form of an order compelling the employer to provide such information.
  • Courts under the Proposed Law will have the power to propose, declare, recommend to the employer regards his conduct and take necessary actions to avoid its reoccurrence. The court may also award compensation of an amount equal to the employee's annual wages. If the employer fails to follow the recommendations by the Court, the Court can award damages that are equal to two times the annual wages of the employee concerned.
    • Dismissal (For Cause & Constructive)

    Current Law:  Employers and employees have the right to terminate for a cause where the other party's conduct warrant for such termination and it also passes the test of reasonableness.

    Proposed Law: Will introduce a test to determine the reasonableness of the termination including whether the employee or employer acted reasonably in the given circumstances and in accordance with equity, in consideration of the merits of the case.

    The Proposed Law will thus introduce the concept of constructive dismissal in which the Court has the discretion to award an employee up to 1 year's including allowance but excluding commissions, bonuses and other payments which are discretionary or do not form a part of the employment contract or are non-recurring.

    • Gratuity in Case of Termination With Cause

     According to the current law, if the employee was terminated for a cause, they are not entitled to receive any gratuity pay.

    The Propose Law mandates that the employer pay gratuity even in such circumstances, which may be waived for contributions in alternation saving schemes upon retirement. The law also lays that that while calculating the gratuity pay, it shall be based on an employee's annual basic salary which shall not be lower than 50% of the employee's salary inclusive of the allowance but excludes commissions, bonus or any such discretionary or non-recurring payment payments.

    • Whistleblowing

    The Current Law does not have any provisions for the protection for whistle-blowers. The Proposed Law, however, includes references to whistle-blower protections included in the proposed DIFC Companies Law in which they shall be protected from:

  • Civil or contractual liability for disclosures made;
  • Dismissal or subject to any other action which is likely to cause detriment to that individual.
  • Breach of these provisions can lead to the fine of up to USD 30,000
    • Provisions regarding Fines

    The Current Law is unable to apply fines or penalties on the employer for his contraventions. The Proposed Law empowers the DIFC Authority to impose sanctions for breaches including penalties which have been set out in Schedule 3 of the Proposed Law. For instance, if the employer does not pay the salary within 7 days from the period of pay, he would attract a fine of USD 2,000, payable to the DIFC authority.

    • Other Provisions

    Payment Lieu Notice Period: The Proposed Law also permits the employer to make a payment in lieu of the notice period, which if paid, the employer can require the employee not to work for any other third party.

    Waiver of Rights: An employee under the Proposed Law can waive his or her rights and settle the dispute by entering into a settlement agreement. Unless the employee sought independent legal advice before signing the agreement, the Court has the power to set aside the agreement if it found the terms of such agreement to be unreasonable.

     Immigration Provisions: The employer is responsible to obtain and maintain, on his own costs, the requisite documentation of sponsorship and cannot recoup the costs or expenses incurred from the employee in this relation. He is also not permitted to retain the passport of the employee. Visas must be canceled within 30 days from the date of termination of employment.

    Vicarious Liability: The Proposed Law also sets a test to determine the vicarious liability of an employee for the acts of his employees, questioning whether the employee's act was sufficiently within the scope of this authority and whether the employer took sufficient preventive measures to prevent the commission of the act.

    ]]>
    Sat, 30 Mar 2019 01:42:00 GMT
    <![CDATA[Wales to Introduce Regulation Banning Fees from Landlords]]> Wales to Introduce Regulation Banning Fees from Landlords

    Introduction

    Rent is a critical part of many people's lives. It is one of the most significant monthly expenditures, and while the UK has a decent proportion of its population owning their homes, there are still around 5 million households that privately rent, with these often being families.

    With it being one of the significant expenditures, rent is taken into consideration very seriously, and so are the fees that accompany it. There are further bills which must be paid on top of the fundamental rental value, though there has been variance to this for many tenants. For the most part, the fees have been left to the whims of landlords, within reason of course, though with little limitation.

    This attitude towards the fees in Wales has been recognized in recent times as being quite unfair to tenants. While certain charges are to be expected, there should arise limitation within the law to ensure an appropriate property rental environment.

    A Ban on Fees

    With all of this considered, the Welsh Parliament has seen it as necessary to place a ban on landlords from levying fees upon their tenants. The specific fees which are permitted include the likes of the security deposits, utility fees and a few more.

    The law will allow the government to also have a higher level of control over the entire fee system and implement further limitation if they see fit. England, being the close neighbor of Wales, has a greater hold over the matter of tenant fees, and this law will put the Welsh system on the same level.

    The law has not yet passed, though the Welsh Parliament has approved of it. The final step would be to obtain royal assent from England, and the legislation would be in effect.

    ]]>
    Thu, 28 Mar 2019 05:03:00 GMT
    <![CDATA[EU Parliament Approves the Controversial Article 13]]> EU Parliament Approves the Controversial Article 13

     

    Introduction

    Article 13 has been in the news for some months now, and the reception by the companies and people of the EU has been extremely decisive. STA has covered the matter in a previous update, though new events have now taken place on the topic.

    The regulation itself looks to enforce technology-based companies to provide a higher level of protection and policing towards the use of copyrighted content on their platforms. These platforms will be liable for infringements of copyrights by users of their platforms. The primary purpose of the law is stated as being, to ensure the protection of individuals and the creative works that they initially produce, and prevent them from being used without their permission.

    Many large tech companies as well as significant groups of people in the EU have strongly spoken and stood against Article 13 as it will disallow the use of any such copyrighted content to any degree, even if alterations are made to distance it from the original work.

    EU Parliament Vote

    However, even when considering all of the backlashes that have occurred, The EU Parliament has recently voted on the matter on March 26, and the final vote was in favour of implementing the Article, with 348 votes in for, 274 against and 36 abstaining.

    There is still some time and work which needs to take place before Article 13 is officially law. However, now that the voting stage is completed, the process is well on its way. It has been specified again, though, that memes will not fall under the regulation due to their frequent and popular usage for non-commercial purposes online.

    This most recent news has been praised as a great success for creators of such copyrighted materials though, and while there are indeed two sides to this argument, the law is moving ahead.

    ]]>
    Wed, 27 Mar 2019 02:01:00 GMT
    <![CDATA[Abu Dhabi to Introduce Spearfishing Regulations]]> Abu Dhabi to Introduce Spearfishing Regulations

    Introduction

    Fishing is an industry that is of great importance in the UAE. For many years, fishing has occurred on a commercial scale and also for more recreational purposes, and the activity of fishing holds a significant weight and traditional value. The country does not have the ideal climate and soil to allow for great agricultural gains, though it does have the sea.

    While there are specific regulations in place for commercial entities wishing to fish in the nation's waters, recreational spearfishing is not covered under any existing law. However, considering the ideas of overfishing and regulating the species found in the country, the more regulations in place, the more power the government has to ensure the security of their fishing industry.

    Abu Dhabi is the country's leader when it comes to the fishing industry, and so they have seen fit to introduce new regulations regarding spearfishing, and they are also considering further changes to implement in the future.

    The New Law and Potential Future Regulations

    The law that will soon cover the matter of spearfishing will introduce a few concepts. Firstly, to fish, one will have to obtain a license. Many jurisdictions require people to get permits before they can fish on any non-private property, and that includes the sea. The UAE now also has such a requirement.

    Further to this, fishing and catching endangered species will be prohibited. Any caught will have to be released back into the water. This conservation method will hopefully allow for these species to recover from overfishing in time.

    In time, there may also arise limitations on the sizes of fish catchable, with the small and very young being prohibited to fish to allow for them to mature and mate. Further, fishing in restricted areas such as public beaches and near oil and gas extraction structures may also receive bans through legislation.

    ]]>
    Tue, 26 Mar 2019 04:56:00 GMT
    <![CDATA[Establishment of Abu Dhabi Agricultural and Food Safety Authority]]> Establishment of Abu Dhabi Agricultural and Food Safety Authority

    Introduction

    Agriculture and food are among the most critical areas that a nation must manage. Food is a crucial requirement for the population of a country, and a large number of resources and research are often invested in the sector. Entities involved require close management and a tight legislative structure to ensure consistency security.

    The UAE is a nation which has a very high demand for the importing of foods and agricultural products due to the nature of the climate and the lack of suitable fertile lands. Their needs are consistently on the rise, and with a population approaching 10 million, it is of utmost importance and concern.

    With this considered, Abu Dhabi is looking to streamline the system they currently have in place to help them achieve higher levels of security on this front. While there are presently government entities in place which manage the industry, a new law will soon be in place which may have a big say on things.

    Agricultural and Food Safety Authority

    Currently, matters of this nature are managed by the likes of the Abu Dhabi Food Control Authority and Farmers Service Centre.

    The new authority, which is being established under the law which is soon to arise, will have its legal personality and capacities, to manage the related entities in the nation. It shall oversee the responsibilities of the formerly mentioned groups and ensure the future of the country on this front.

    Streamlining the government authorities into one in this way will allow for processes to be more straightforward and activities will occur more smoothly. Fewer hurdles will be in place for farmers and businesses involved in the food sector.

    ]]>
    Mon, 25 Mar 2019 06:10:00 GMT
    <![CDATA[New Zealand Anti-Gun Law to Be Introduced Shortly]]> New Zealand Anti-Gun Law to Be Introduced Shortly

    Introduction

    The recent and tragic event that occurred in the nation of New Zealand has been something of a shock the world around. New Zealand is known as a profoundly peaceful country with very few terror-related incidents taking place therein.

    As such, the event that did occur was hugely unexpected, and the government is already actively seeking changes with the regulations in place to ensure no further adverse events occur. The hope is that with immediate action, prevention can be absolute.

    One area which is already seeing changes and will come into effect in short time concerns the gun ownership regulations. Before this attack, the gun laws in the country were rarely needed, considering the general peacefulness and security. However, the government is making quick and effective changes to secure the future.

    What the Ban Entails

    The new regulation looks to place a ban on the ownership of semi-automatic firearms it considers to fall under the category of 'military style'. It is essential to ensure that these firearms are not available to ordinary law-abiding citizens as the damage they can cause has been recently witnessed.

    The government has made it clear that this law is just the start - one of a few to come. Its purpose is to spread calm and peace among the people until further laws currently in the draft stages are approved of and go into effect.

    This regulation will come as a welcome one, and one of the primary reasons for this is due to the extremely rapid nature of the response. It is recognised to be temporary, though, at the very least, it is present and in effect now.

     

    ]]>
    Sun, 24 Mar 2019 06:52:00 GMT
    <![CDATA[Australian Regulation Banning Animal Testing for Cosmetic Products]]> Australian Regulation Banning Animal Testing for Cosmetic Products

    Introduction

    Many basic rights exist to protect people. These fundamental human rights cover what most consider and think of as being the rights of every man, woman and child, and there are no circumstances under which violations of these rights may occur.

    However, there are more than just human rights which require consideration in today's world. A topic which has seen increased attention in recent years has been that of animal rights. Animals are living beings, and as such, their existence and the treatment afforded to them is of great concern, especially on the topic of animal testing for cosmetic products.

    Australia has recently taken to considering this very topic and has put in place new regulations with the purpose of banning the testing of cosmetics on animals; this is a change, which has been witnessed in many other jurisdictions around the world, and so it was inevitable that it would eventually reach the nation of Australia.

    The Implications of the Ban

    The ban comes as a part of the 6 Industrial Chemicals Bills of 2017. However, the animal protection bill shall enter into effect and prohibit the use of data collected that involves the use and potential endangering of the animals, from July 1 2020. The purpose of the bill is to ensure that animals are not used and harmed in the testing stages through contact with potentially harmful chemicals.

    As such, the ban is not currently law and will require further steps before they obtain the status of legislation, though it is not long now before the change is in place.

    This change will come as a relief and a victory to those who fight for the rights of animals, and it shows the forward-looking and thinking nature of the nations who adopt such laws such as Australia.

     

    ]]>
    Thu, 21 Mar 2019 07:07:00 GMT
    <![CDATA[Oman Regulations Regarding Mining Sector to Be Introduced]]> Oman Regulations Regarding Mining Sector to Be Introduced

    Introduction

    Oman is a crucial GCC nation and has grown in wealth and stature in recent decades since it obtained its independence. It has expanded in its popularity as a country of business and also a nation which receives numerous visitors and foreign residents.

    The country is one which, much like most of the other nations in the region, discovered oil and made decent gains through this. However, oil is only a temporary resource, finite in nature, and the Middle Eastern countries are aware of this.

    Oman has resources beyond just oil though, and in more recent years, their economic options have grown too. In the area of resources, Oman does have minerals and metals to mine and obtain, and in line with this, they have recently introduced new regulations to ensure the industry grows and provides them with further economic variety.

    Oman Mining Regulation

    The new Law of Mineral Wealth will come into effect shortly, within one month of its publication. Its essential purpose is to strengthen the already existing Public Authority for Mining (PAM) which was established in 2014. However, the totality of the powers provided to the PAM was not set out, and the new law seeks to correct that by providing more significant details.

    The purpose of the PAM is to monitor and manage the mining industry in the country, and it achieves this through its rights to issue licenses, conduct analysis of the entities and activities occurring and ensure compliance.

    The public interest is the primary concern and the welfare and prosperity of the nation are to dictate their actions and processes.

     

    ]]>
    Tue, 19 Mar 2019 06:08:00 GMT
    <![CDATA[Kuwait Real Estate Regulatory Law to be Issued]]> Kuwait Real Estate Regulatory Law to be Issued

    Introduction

    Kuwait has become a global hub for business, attracting many from abroad, both people with industrious intentions as well as a large number of people visiting as tourists. The population consists of around 70% expatriates and many hundreds of thousands visit every year.

    The country does have significant oil reserves which have provided it with great growth since the time the nation gained its independence. However, it has is recognized in the region, that oil alone is not enough. The time will come when a greater economic diversity will be of the utmost importance, and the regulations and plans are already thought out and soon to receive enactment.

    One area which is being pushed in Kuwait is that of real estate. A new regulatory law is soon to be in place which will drive the boundaries in the country and put the nation on the map is an even more significant manner than it already is.

    New Regulatory Law

    Under the new law, an electronic real estate broker's log website will arise. The purpose of this is to modernize the system and also allow for a higher level of control over the market through the brokers that are working in it.

    Having such a database in place will restrict the number of disputes and issues that could arise, and should also prevent manipulation of the market by any. The website used to achieve this is already established as of March 17 2019, and licensed brokers will be able to utilize it.

    However, the paper systems that this change looks to get rid of will still be in use until a later specified time when they are deemed to be no longer necessary.

     

    ]]>
    Mon, 18 Mar 2019 06:07:00 GMT
    <![CDATA[UAE Introducing New Regulation Relating to Owning Dangerous Animals]]> UAE Introducing New Regulation Relating to Owning Dangerous Animals

    Introduction

    The UAE is seen by many as being a land of wealth and glamour. People visit from around the world to take in the sites and experience the luxury, and it is not only those who visit who see these things. Residents can obtain many luxuries including some seen in few other places around the world in general.

    There are times where images pop up in which a resident of the UAE is seen with a pet that most would consider highly unusual, rare and dangerous. These include lions, tigers and many more.

    However, these cases are rare, and the government is aware of the potential issues that may come with such pets. There are stringent regulations in place concerning the subject, such as the 2016 ban on owning them, though the problem is a broad one. More than just the safety of the owners and the public requires consideration. It is also of importance to consider the protection of the exotic wildlife itself, which is often brought up during their transportation.

    Upcoming Introductions

    There currently already exists the 2016 regulation on the ownership of exotic animals, which places a ban on them. Further to this, it also revoked permits to entities that imported these animals into the nation, due to the safety reasons and concerns for the animals themselves.

    The new regulation consists of 12 articles which concern the transport, storage, care and eventual release of the animals when the time comes. Animals have a special position in the UAE, and they are owed care and rights. The new introductions are intended to further the rights and also demonstrate the attitude of the country towards them.

    All animals covered by the law will be seized if found within the position of an individual and will receive the appropriate care including vaccinations and proper environment. Finally, they shall be reintroduced to their suitable natural habitats when they are ready.

    ]]>
    Sun, 17 Mar 2019 07:05:00 GMT
    <![CDATA[UAE Ban on use of Electric Scooters along Walkways]]> UAE Ban on use of Electric Scooters along Walkways

    Introduction

    Electronic means of transport are becoming far more common than ever before with the likes of electric scooters available for any to purchase with minimal fuss. The most common use for these occurs along pedestrian walkways which have the potential to cause issues.

    Legislation concerning these types of electronic scooters and other 'vehicles' has been appearing in numerous jurisdictions globally with multiple countries banning their use in public walking areas to avoid accidents.

    The UAE has taken recent steps in deciding what their approach is on this front. Further to this, there may be more regulations incoming, all of which will be discussed further in this legal update. The issue is a very modern one, and so the path taken will be very interesting.

    Electronic Scooter Ban

    Recently, the Road and Transport Authority (RTA) has announced a ban on the use of electric scooters along public walkways. The primary reason for this is so as to ensure the safety of people on foot. While they are becoming more common to see in public, they are indeed not common.

    Due to the accessible nature of electronic scooters, the ban currently only encompasses walkways, and the RTA has further stated that a study shall occur to analyze the full impact and potential threat of these devices

    A big discussion in recent times has concerned the fact that electronic scooters are considered by some to be 'vehicles'. If this is accepted to be the case, the footpaths would be no place for them.

    However, this idea is still up for much debate and is a crucial area for the UAE to discuss and form a more significant legislative system for the matter.

    ]]>
    Wed, 13 Mar 2019 06:11:00 GMT
    <![CDATA[Civil Procedure Law of the UAE: Recent Amendments]]> Civil Procedure Law of the UAE: Recent Amendments

    Introduction

    The civil procedure regulation of a country is among the necessary legislation within a nation. Civil cases arise regularly and can relate to many topics as well as initiate from countless sources. With the extremely busy and hectic nature of the UAE with its tremendous amount of business activity and the significant number of foreign tourists and non-native residents, these rules must be as complete and all-encompassing as possible.

    The UAE Civil code was initially introduced as Federal Law Number 11 of 1992 and is extensive legislation. There have arisen a few amendments through the years since, though with the ever-changing state of the world from a technological standpoint and also from the perspective of a nation continually growing and undergoing change, further amendments are bound to follow.

    Recently, new amendments have been introduced to streamline the law further and also ensure it is up to date. A brief summary of these follows.

    Council of Ministers Decision Number 57 2018

    The new amendments received approval in December of 2018, and some of the fundamental changes they shall bring are as follows.

    Electronic evidence receives further recognition as per the amendments. While the nation does accept electronic proof, there was no mention of this in the civil code.

    Further to this, the means of notifying another party before litigation is more expanded, specifically in the case of creditors and debtors. A minimum notification period from one party to the other before a decision can arise in court is now provided as five days.

    Refusal and denial of applications are up to the judges, though justification must be provided for any that aren't approved.

    These are a few of the critical new introductions in the civil code amendments.

    ]]>
    Mon, 11 Mar 2019 06:33:00 GMT
    <![CDATA[Kuwait Assembly Decided on Tourist Insurance Requirement]]> Kuwait Assembly Decided on Tourist Insurance Requirement

     

    Introduction

    Kuwait is a highly popular tourist destination with its great weather and well-developed tourist attractions. The county is highly popular with foreigners with a large amount of the population consisting of expatriates.

    Visiting the country or traveling abroad, in general, is a process which requires planning and thought. One of the crucial areas that are at the top of the list in importance is that of health insurance and health care in general.

    The Kuwait National assembly has recently made amendments to the foreign visitor's health insurance requirements; this ensures the protection of tourists and other people who visit in the unfortunate event that they end up requiring medical assistance, and it also provides that they do not use public health facilities which are specifically for nations ID holders.

    National Assembly Decision

    The Assembly has decided through a vote that it shall be compulsory for foreign visitors to obtain medical insurance before attempting to gain their visa. The insurance must cover the entirety of the visit. The vote to introduce this change was substantially supported by the MP's with 47 voting for it and four against it.

    The upcoming change does not specify limits to how much the charges can be on visitors for insurance. The purpose is instead to ensure all who visit have policies. The ministry may issue no visas without first confirming the presence of the insurance policy.

    The regulation has not yet been introduced, though when it is added in the official gazette, it will come into effect within one month. Fortunately, citizens and residents will not need to worry about the change when they arise.

    ]]>
    Sun, 10 Mar 2019 07:10:00 GMT
    <![CDATA[Kuwait Private Sector Annual Leave to be Increased]]> Kuwait Private Sector Annual Leave to be Increased

    Introduction

    Annual leave is a crucial aspect of the labor law in any nation, and there is usually a set amount that is consistent across all companies. It is essential for the legislation to specify this as leave is very important to the employees.

    Leave is a necessary part of employment, and all employees are within their rights to receive a certain amount paid leave to take a break from their usual job.

    In Kuwait, the usual amount of leave before the introduction of the future regulation amendment was 30 days per years in the private sector. The importance of this information cannot be understated as it may be crucial in calculating gratuity and ensuring the records are maintained.

    What the Changes Entail

    The new regulation looks to increase the total leave from 30 days to 35 in the private sector; this does not include Fridays, as Friday is a non-working day for all in the country and therefore cannot detract from ones leave. The new amendment will apply to both expatriate and local individuals who reside and work in the country from the time the law is initiated.

    This leave is not the only change that will be arriving as part of the amendments to the labor law, though the increase to the annual leave has been approved of by the National Assembly's Health and Health and Social Affairs Committee.

    The amount of time available to employees was increased to 30 days several years ago, and it is now deemed fit to expand this further.

    ]]>
    Wed, 06 Mar 2019 07:26:00 GMT
    <![CDATA[UK Planning to Amend Smoking Age Requirement]]> UK Planning to Amend Smoking Age Requirement

     

    Introduction

    Smoking is a known issue around the world, and the health implications have received a substantial amount of research throughout the years. It is known as a considerable killer and statistically among the biggest killers around the world. In the UK last year, almost 80 thousand deaths were attributed to smoking, though the more significant issues that arise concern the diseases that may follow including cancer and respiratory illnesses.

    The UK is aware of just how much of an issue smoking is, and its addictive nature is recognized. Due to this, young people are among the greatest at risk; this could prove to be a significant risk to the population, and the country is looking to cut the number of youth smoking.

    The method through which they aim to achieve this is by increasing the legal age of purchasing cigarettes to 21.

    What the Law would Entail

    The reason for the proposition of the law was to increase the legal age one would need to purchase cigarettes to 21. The hope is that this will lower the percentage of teenagers that can obtain cigarettes and thus reduce the prevalence of the life-threatening diseases in the country.

    The legislation is backed by multiple researchers (around 17), though it is also understood that merely increasing the age will not entirely prevent the issues from arising.

    Educating the young generation can perhaps have an even more significant impact by informing people of the effects on their wellbeing, and one of the ways in which this is achieved is through the advertisements on the packets. One of the aspects that the regulation would look to apply is to perform a higher level of research into smoking and its health impacts. These should then be advertised to dissuade potential buyers.

    ]]>
    Mon, 04 Mar 2019 12:00:00 GMT
    <![CDATA[Saudi Whistle-blower Protection Regulation to be Introduced]]> Saudi Whistle-blower Protection Regulation to be Introduced

    Introduction

    Whistleblowing is a concept which has risen to prominence in recent years and is a somewhat confusing and controversial topic. It involves a worker within a company revealing illegal activities and wrongdoing of their employers, often in big companies that are breaching multiple laws.

    The most prominent case would have to be the US situation with the NSA and Edward Snowden. However, while this was a very controversial case, often, the authorities and governments of a nation actively approve of the practice of whistleblowing because it ensures companies perform minimal illegal activities.

    Saudi Arabia will soon implement its whistleblower protection legislation, and considering the rising importance of this concept, the regulation is a step in the right direction.

    What the Law Entails

    The primary purpose of the law is to protect people who whistle blow on the companies they work for from negative repercussions both from their employers and from acts which might otherwise cause them issue.

    The act of whistleblowing is often seen as being very useful, though whistleblowers are usually subject to harassment and abuse, and this is in many ways, unacceptable.

    Any cases of abuse may be reported to the relevant authority who will then be responsible for dealing with it within two weeks; this comes at a time when Saudi Arabia is aiming to battle corruption within the nation.

    While the law is not yet in action, it likely will be later in 2019. The sooner it is implemented, the sooner the issue at large can begin to be dealt with.

    ]]>
    Sat, 02 Mar 2019 04:03:00 GMT
    <![CDATA[Australian Human Rights Regulations: Protections Provided to Citizens]]> Australian Human Rights Regulations: Protections Provided to Citizens

    Introduction

    Human rights regulations are some of the most common laws around the world, and also among the most important. They provide all people with fundamental rights one would expect in the modern world. By definition, these rights are believed to be owed to all people with no exceptions and are generally very basic rather than being more complex and covering more controversial subject matters.

    With the regulations being so widespread, it may come as a surprise to many that Australia does not have a law in place which guarantees its people these rights. The nation has a very high GDP per capita and is very western with similar ideas and systems in place.

    However, this has been recognized, and a new proposed piece of legislation is being considered which will bring the rights of the citizens to the forefront.

    Human Rights

    The Queensland government is at the forefront of the drive to push for greater levels of protection and rights for its people.

    They have recently proposed legislation which includes 23 points that all citizens should be entitled to have. Among these, the right to privacy, right to a fair trial and protections such as protection from degradation to name a few.

    There have been certain parties in the country which do not believe the law is necessary. While there is currently no law which specifies the totality of the protections provided, there are still numerous rights already in place. However, the purpose of the law is primarily to cement the rights as a whole under one legislation.

     

    ]]>
    Wed, 27 Feb 2019 06:41:00 GMT
    <![CDATA[Bahrain Introduces New Cryptocurrency Regulation]]> Bahrain Introduces New Cryptocurrency Regulation

    Bahrain

    Bahrain is a crucial GCC nation which has risen to prominence in recent decades as a global powerhouse. One of the areas that are unique to Bahrain is that it was the first post-oil economy in the region. The country itself does not have the same levels of oil and similar natural resources to its neighbors. As such, it has diversified into the tourism and banking sectors.

    Cryptocurrencies are a relatively new concept and moving into the future, their impacts may grow on the world, and being at the forefront could yield significant advantage to whoever takes the correct steps. Bahrain as a global banking hub is in an optimal position to achieve just this.

    In consideration of this, the Bahrain Central Bank has recently produced and approved of new regulations concerning cryptocurrencies, and what they involve can be summarised as follows.

    Bahrain Central Bank Regulation

    The Central Bank of Bahrain has recently approved of a new governing regulation which covers many aspects of cryptocurrencies from licensing to control of the authorities. There are many areas to consider due to the unique nature of the currency form.

    Exchanges who deal with cryptocurrencies will have to obtain licenses to continue these activities, and this will also ensure they do not intend to manipulate the market or breach conflict of interest in any way.

    The primary purpose of the regulation is to secure and enforce compliance among the critical organizations in the country.

    For authorities to control the cryptocurrency growth within their nations, laws must be adequate and up to the task; this new introduction in Bahrain looks to do just that.

    ]]>
    Tue, 26 Feb 2019 12:00:00 GMT
    <![CDATA[DNA in the Database – USA new law and enforcement in the near Future]]> DNA in the Database – USA new law and enforcement in the near Future.

    This is a world rapidly changing with the new laws and regulations coming to play every day. With the new developments like Block Chain and AI, the legal industry is fast moving to tackle the legal disputes that may arise in the early stage. Although the DNA is not a very new concept, the developments surrounding the use and effectiveness of DNA can support the legal industry as well. For many years, the legal industry, especially the criminal law has benefited from DNA technology to find criminals during the Trials.

    Now as a further development, the law and enforcement are considering to use the DNA for further legal matters. The USA, in particular, considering to use the DNA for the licensing, to find someone who is missing, for the death certificate and to share with the other government agencies. So the DNA will be kept as data and the officials can use the same according to the requirements. Arizona could be one of the first states to establish this in the future and maintain a huge database. However, the law is yet to pass and already there are many questions raised about the legality of this data and the use of the same. This development could one of the greatest achievement as the data can be used for many purposes including the criminal investigations and identifications.

     

     

     

     

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    Sun, 24 Feb 2019 12:00:00 GMT
    <![CDATA[Brexit and Fisherman restrictions]]> Brexit and Fisherman restrictions.

    Brexit is a well-known concern among the British and other European People. It is a well-known factor that London is one of the leading financial Hubs and the hard Brexit would affect the country's main sector including the Financial Sector. Also, the consequences will extend to the level that can impact a normal living UK citizen. One such example is the Fisherman having boundaries for fishing with a hard Brexit.

    It is the purpose of the European Union do not provide an easy exit for Britain so that the other EU countries will not decide to leave the Europe Union. On the other hand, the UK wish to have a smooth Brexit deal so the businesses in the UK will not be much impacted and at the same time, the government can fulfill their obligation to the Citizens who voted for an independent country from the EU.

    The no deal of Brexit will stop the British Boat from fishing in the EU waters and the same applies to the EU fishermen. This is one of the places where the changes have to be adopted quickly so that there are no later consequences or conflicts. The French national fisherman committee has the concern about this issue and there are signs of warnings coming to the UK about the barrier of fishing in the EU countries waters. 

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    Sat, 23 Feb 2019 10:38:00 GMT
    <![CDATA[Oman Foreign Business Ownership Regulation Amendment]]> Oman Foreign Business Ownership Regulation Amendment

    Introduction

    Oman is a country located in a highly useful area geographically. It has ideal connections to Saudi Arabia and the UAE, which are two of the powerhouse nations in the region. As such, it is a highly attractive prospect to many foreigners and foreign entities. With a population of almost 5 million, around 50% are expatriates.

    Being part of the GCC, there are specific regulations in place relating to setting up of businesses and the ownership rights of foreigners. Generally, an individual must have a local partner who will be a partner owning at least 35%.

    However, some of the Middle Eastern nations such as the UAE, have begun to amend their regulations to make them more inviting and attractive to foreign investors. The amendment is not yet active though it may be soon.

    Greater Freedom for Foreign Ownership

    Currently, the process of finding a foreign partner to set up a business in Oman or indeed, any of the GCC nations, can be something of a challenge. It adds another aspect the business owner has to consider and may dissuade certain people from even trying to set up a company.

    This matter is becoming more well-known, and in an attempt to deal with it and also to increase foreign investment and business, the change may soon be in place to increase the foreign ownership to 100%. There will undoubtedly still be restrictions in place to protect businesses, though the aim is to allow for overall greater freedom.

    The change is still not confirmed, though it has experienced much discussion and consideration at the official level.

     

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    Thu, 21 Feb 2019 02:57:00 GMT
    <![CDATA[UK Drone Regulations: Restricted Flight around Airports]]> UK Drone Regulations: Restricted Flight around Airports

     

    Introduction

    Drones are a hugely popular gadget and becoming cheaper, more high tech and more user-friendly all the time. They can be bought in a range of types and sizes and can contain optional extras, the most common of which would be cameras.

    Being so popular, many nations have implemented laws concerning drones due to their ability to enter airspace that may be forbidden or restricted; this was demonstrated in the UK recently when Gatwick airport came to a standstill around Christmas time. This time of the year is among the busiest and caused many to suffer due to delays and cancellations. Just a few weeks later, there was a similar incident took place at Heathrow airport.

    Restricting airspace is one of the crucial ways in which prevention of this an occur and the UK is looking to make certain amendments to the law on the topic.

    Restricted Airspace

    At this time, there is a restriction on drones from entering the airspace up to one km of any airport. However, with the recent incidents considered, the no-fly zone is to be expanded around all airports up to a five km distance.

    Further to this, police will be given the power to search individuals if they suspect them of flying drones around the restricted areas. On top of this, any data held on a drone regarding its flights or camera footage may be obtained by the police with a warrant. Anyone found to be ignoring this law and having ill intent will be presented with penalties and potential prison time depending on the level of disruption caused.

    This amendment is to come into effect from March 13 2019. Considering the continually increasing number of incidents of this kind between aircraft and drones, and the huge disruptions caused, the change is a necessary one, and it is best to introduce as quickly as possible.

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    Wed, 20 Feb 2019 05:53:00 GMT
    <![CDATA[UAE Ban on E-Cigarettes]]> UAE Ban on E-Cigarettes to be Overturned Soon

    Introduction

    Smoking is a habit that is harmful and has adverse effects in the short term and also the long run. However, it is still a legal practice. It has become more popular to use e-cigarettes in recent years as they are often seen as safer being and cleaner than ordinary cigarettes.

    These battery powered devices are, at this point, banned in the UAE since they often, though not always, contain nicotine and having not been approved of by the authorities, cannot be sold within the country.

    However, while this may be the case at this time, the popularity of devices such as e-cigarettes, vapes, and similar such products, cannot be denied. As their appeal grows, they are becoming more regulated and even at this time, many people do use them within the country. So while banned, they are not of great concern due to their comparatively harmless nature compared to ordinary cigarettes.

    Ban Overrule

    Considering the nature of these devices, the UAE authorities have decided to reverse the ban on them. Being relatively new devices, having been invented in the early 2000s, the UAE initially placed the ban in a protective manner and in an attempt to prevent rising addiction and similar issues.

    However, they are now generally seen as safer than cigarettes, and there are even forms which do not contain nicotine. As such, the reversal of the ban will soon occur. The devices that are permitted must be approved of by the UAE authorities.

    This change will come into effect around the middle of April 2019, which is good news for people from foreign countries who enjoy the practice of smoking electronic cigarettes as well of those who do so currently without being aware of the ban.

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    Tue, 19 Feb 2019 04:01:00 GMT
    <![CDATA[UAE Regulation Concerning Import and Re-Export of Sharks Meat]]> UAE Regulation Concerning Import and Re-Export of Sharks Meat

    Introduction

    Shark meat is considered a delicacy in certain countries around the world. However, at the same time, there are numerous species of sharks which have received the category of endangered as a result of hunting and fishing which can be an issue for the survival of their species.

    To be able to provide them with protection, many nations implement specific guidelines for fishermen which prevent them from fishing either beyond a certain amount or at all. Some species may have complete prohibitions covering them from being fished, though the UAE has recently made changes to their regulation.

    There are multiple shark species in the waters around the UAE and fishing is quite common and has been a central area and part of the culture for many years.

    The ban on Sales of Shark Meat

    The (MCCE) Ministry of Climate Change and Environment has recently implemented a resolution which has placed a ban on the selling of shark meat; this includes the meat in any form whether that is frozen, dried preserved or any other way possible.

    On top of this, shark fin, which is the most common part of the shark removed for commercial purposes and this is often performed in cruel ways, is also banned, however, if there are specific research requirements which need sharks, approval of capture may be obtained through the authorities.

    If fishermen accidentally catch sharks within their netting, they must release them back into the sea. However, the UAE is quite a substantial exporter of shark meat, and there are legal methods through which their fishing may proceed. Around specific dates, between June 1 and February 28, fishermen will be allowed to fish to so long as they do so more than eight miles offshore, and in limited quantities.

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    Sun, 17 Feb 2019 12:00:00 GMT
    <![CDATA[Oman Ministerial Decision Relating to Higher Education Scholarship System]]> Oman Ministerial Decision Relating to Higher Education Scholarship System

    Introduction

    Education is a crucial foundation of a nation as it considers the future of the country. The people who receive an education of the highest levels will likely go on to use the knowledge they gain to further the progress of the economy in whichever sector they move into for their future jobs.

    Scholarships are an essential aspect of the education system and must be managed appropriately by educational organizations. These awards are sought after greatly, and the method of their announcement to those who receive them may happen in groups.

    A recent Ministerial Decree has been approved and will modify the method through which the scholarships are handed out, and the new amended ways look to provide a more smooth system.

    Decision Number 3 of 2019

    Decision Number 3 of 2019 specifies the new phased system. Under the previous method, individuals who were both in positions to receive scholarships and those who were not would be made aware of any places still available within different establishments after the majority of organizations would have completed their initial acceptance.

    The amendment provides for two waves of acceptances to be available. Following initial acceptances, the entities would then roll out a second stage where the potential students would be made aware of the number of remaining scholarships, and the second phase of acceptances would commence.

    While the systems are somewhat similar, the law is now modified with the new method of two separate waves being present, and the specific wording of the regulation has been altered to reflect this.

    The following Article of the law, Article 31, states that any individuals who received scholarship offers in the first phase would still be able to accept them or look to further institutes if they choose to do so in the second.

     

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    Sat, 16 Feb 2019 12:00:00 GMT
    <![CDATA[EU Revamp of Copyright Regulations]]> EU Revamp of Copyright Regulations

    Introduction

    Copyright is an important concept that protects people's creative works. In the modern world where so much can be found so easily accessible online and with so little preventing it from being obtained and used, the law must come forward to protect people and their unique creative works from misuse.

    The EU regulations on copyright have been evolving through the years, and the introduction of the current law occurred in 1993. With the changes that have taken place since that time along with all the lessons learned by the authority, new legislation was inevitable.

    The new law has received significant thought and discussion over the last few years, and this is all coming to a head after recent negotiations and talks that have occurred. With these discussions coming along, it will only be a matter of time before we see the full extent of the changes.

    General Changes to Expect

    The two primary sides which will be anticipating the changes are the tech giants on the one hand and producers of content on the other. From the discussions, we are now aware that digital platforms will be required to provide greater care concerning what can be found therein and get rid of anything in breach of the law.

    Beyond this, failure to enforce the law and prevent breaches will result in original publishers being able to charge sites which contain their work or works which include elements of their own beyond a certain limit; this prevention of plagiarism will protect works and their authors by providing pathways to seek justice.

    There have most certainly been concerns raised over the changes and how they may be overly restrictive and prevent harmless uses from occurring for every small use of an image or element of text. However, this was clarified, through a report that memes and gifs would be perfectly fine to create and share using the materials of artists and publishers so long as the reason for their production has no commercial purposes.

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    Thu, 14 Feb 2019 06:01:00 GMT
    <![CDATA[Income Tax Regulations of Oman]]> Income Tax Regulations of Oman

    Introduction

    Taxation is of great importance to an economy and can provide significant advantages and inflows of income for a government that has implemented it. As such, it is essential to maintain an excellent legislative structure covering the matter. However, there are different types of taxes payable in different nations and the regulations that cover them must be kept up-to-date.

    In Oman, there is generally no income tax upon individuals; with this said, there are certain taxes on businesses and sole proprietorships. There is also the matter of VAT which is yet to be introduced, though it should be within the year of 2019.

    Recently, Oman has introduced the Ministerial Decision 14/2019 which includes amendments to the nation's prior income tax laws such as the Income Tax Law (MD 30/2012). These amendments have been in the making for a lengthy period and are well awaited.

    Ministerial Decision 14/2019

    The new decision will look to make specific alterations to the current system, and some of these will include the following.

    Before the new Decision, the provision of notice was required to any entities before any worksite inspections could take place. However, under the amendment decision, if there is a suspicion that tax evasion is taking place, the authorities will be able to undertake inspection with no notice provided; this demonstrates the severe nature and response to such a crime.

    Further to this, there will also be new regulations and a new structure in the way that tax exemptions, withholding tax, and the method of calculating the taxability of entities is conducted. Additionally, if such should occur, there is a new method of handling the same. Withholding Tax covers a broader area now, including dividends and further fees.

    To go along with the new regulations, the necessary systems shall be made available to maintain records and provide for proper inspections.

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    Wed, 13 Feb 2019 12:00:00 GMT
    <![CDATA[Changes to Singapore Penal Code]]> Changes to Singapore Penal Code

     

    Introduction

    Singapore is currently in the process of amending its Penal Code. Penal Codes represent one of the most critical forms of legislation, covering the major points of criminal law in the nation.

    Being one of the essential elements of Singapore's legal system, the Singapore Penal Code was initially introduced in the 19th century; the Code is based around the Indian Penal Code and has more recently received amendments in the 1970s and 1980s.

    However, since this time, many changes have arisen, and the world as a whole has become more understanding and the attitudes towards certain crimes have changed. Examples of these offenses include suicide and marital rape. Further to this, criminal law is a broad topic with many aspects to discuss, and certain areas will require additions and amendments.

    Criminal Law Reform Bill

    To tackle these issues, Singapore is currently in the process of modifying their Penal Code, and while the changes are not yet fully confirmed, there is undoubtedly progress occurring with the parliamentary procedures.

    Some of the areas that look most likely to change, include the topic of criminalization of suicide; this is an important topic, and people who attempt suicide and fail are currently criminally prosecuted. However, with changing attitudes around the world, many jurisdictions now see that these people require help to understand their issues and recover.

    Marital rape is another area which is currently not considered in the Penal Code, and this too may see a change soon.

    On top of this, areas receiving alteration include providing additional rights and protections to young individuals and children.

    The potential amendments have been worked on consistently for the last couple of years by the Penal Code Review Committee, and though there is still more to be reviewed, the changes should be arriving relatively soon.

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    Tue, 12 Feb 2019 06:39:00 GMT
    <![CDATA[Official Languages of the Abu Dhabi Courts: Hindi]]> Official Languages of the Abu Dhabi Courts: Hindi

    Introduction

    The UAE is a highly diverse nation with a large population of expatriates. With a population of over 9 million, 70-80% are from foreign countries and as such, will likely speak languages other than Arabic. While Arabic is the primary official language, the high proportion of foreigners is a factor that is recognized by the government, and English has been the second language for many years now.

    A group of expats that is present in large numbers in the UAE is Indians. With the population of Indian expats being around 3 million, they are at majority by accounting for approximately 35% of the total population. However, their primary language is neither Arabic nor is it English, but rather, it is Hindi. Hindi is not only one of the most popular languages in the UAE, but also the world as a whole.

    With this considered, Abu Dhabi has recently decided to introduce Hindi as one of the primary languages used in courts.

    Why the New Language?

    With such a high population of Indians in the country, as well further populations that may favor or be at greater ease with Hindi over English or Arabic, it is essential for the courts to cater to them. Court cases often have significant implications for people's lives and livelihoods, and so to be in the best position possible, greater understanding should be a fundamental aim of the courts to all parties.

    Further, this will allow for a greater understanding of one's rights and obligations. In many ways, the system, to function optimally, must consider that Hindi speakers will be found in many stations and will have different levels of awareness of the law.

    In general, this change is one which will be much appreciated and will allow for a more stable and considerate legal and court system to develop. While it is beginning in Abu Dhabi, there are few downsides to the introduction, and with good reception, it will likely spread across the rest of the country too.

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    Mon, 11 Feb 2019 12:00:00 GMT
    <![CDATA[UK Tenants Soon Able to Take Landlord to Court for Lack of Maintenance]]> UK Tenants Soon Able to Take Landlord to Court for Lack of Maintenance

    Introduction

    Property rental in the UK is a growing area with around 20% of people renting a house. This number has seen a significant rise in recent years with 10% being the rate in the mid to late 1990s, and with the increase, higher standers of properties are also available and more importantly, expected.

    Renting a property still means that the landlord is responsible for many aspects of maintenance. The issue that follows this is that since the landlord doesn't live in the house or apartment, they have little motivation to fix problems. Numerous tenants live in unacceptable situations hoping for fixes that take far longer than is ideal to come to fruition

    The new UK legislation, or rather, amendment, will make it far easier for tenants to push the landlords to make changes and repairs as soon as possible or risk being taken to court and being ordered to do so.

    Amendments to the Landlord and Tenants Act 1985

    The new legislation will amend elements of the Landlord and Tenants Act of 1985 and will allow tenants to sue their landlords if certain conditions are present within the property. The specified areas mentioned include:

    • Properties that are too hot or cold;
    • Properties that have issues with damp, which can lead to mould, and asbestos;
    • Properties with lighting and noise issues.

    The properties should receive appropriate maintenance and repairs performed and good standards maintained consistently.

    This change will be of great news to the large numbers of individuals and families who are at the mercy of the landlords when it comes to maintenance and should heighten living standards for the millions in rented properties.

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    Sun, 10 Feb 2019 06:40:00 GMT
    <![CDATA[Indian Law Preventing Sales Exclusivity for Smartphones]]> Indian Law Preventing Sales Exclusivity for Smartphones

    Introduction

    Smartphones have rapidly taken the world by storm, and it is now almost impossible to spend more than a few minutes in public without seeing one. Most people have a smartphone due to the great convenience they provide,; and in many cases, they are necessary for one's professional life.

    Smartphones are continually being upgraded and developed by companies that produce them. It seems as though new models are being created and released every few months, and there is often great excitement that comes with each one.

    In India, until recently, there was nothing preventing exclusivity of sales for new smartphones. Individual companies could be the only ones who stock and sell the goods upon the first release. As mentioned before, a considerable amount of excitement often comes with new smartphones with many wishing to obtain them as soon as possible. This exclusivity may not be in the best interest of the consumers.

    Press Note 2 of 2018

    The basic elements of this Press Note are that the exclusivity of suppliers will not be possible. Any agreements between the producers and the supplier on this front will no longer be accepted as it is seen as being anti-consumer.

    On top of this, the regulation also prevents owners of the online stores from selling on platforms in which they have equity interest; this expands beyond just smartphones as that is not the only area of the issue and a more general law would be of significant use.

    The general idea for all of this change is to ensure that consumers receive fair deals with their purchases and monopolies cannot arise.

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    Sat, 09 Feb 2019 12:00:00 GMT
    <![CDATA[UAE Recycled Materials in Construction Regulation]]> UAE Recycled Materials in Construction Regulation

    Introduction

    The UAE is globally renowned for its construction projects and some of the grandest, most ambitious and unique architectural achievements of recent decades can be found in the UAE. These structures are recognized globally and include the likes of the world's tallest building, the Burj Khalifa, the Dubai Mall, and the Burj al Arab hotel. And while these already exist, there are many more projects to come.

    An issue which is growing in seriousness and discussion around the world is that of global warming and environmental protection. One key push in recent times has been the increasing awareness and adoption of recycling.

    While recycling merely involves putting paper and plastics into a different bin for it to go through reprocessed of some kind; on a business front, there can be more to it, and the use of recycled materials can play an important role.

    Ministerial Resolution Number 21 of 2019

    The UAE Ministry of Climate Change and Environment has recently issued the Ministerial Resolution Number 21 of 2019, which will allow for construction projects to use up to 40% recycled aggregate materials in their construction projects; this will apply across both private and public sector projects.

    On top of this, all entities that deal in this area must ensure that they properly dispose off their waste and recycle what they can. The recycled materials used must be up to the UAE specifications and standards since this will ensure that the safety standards have still adhered. The type of projects that fall under this law includes road paving, car park development, and more.

    The overall aim is to leave less of a footprint through these large projects and make for a cleaner tomorrow. The country, which is currently hugely oil dependent, has looked for ways in which they can have less of a negative impact to the environment, and this is an early yet crucial step on the road to achieving that.

     

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    Thu, 07 Feb 2019 06:30:00 GMT
    <![CDATA[Medical Practice Regulation]]> New Medical Practice Draft Regulation Approved

    Introduction

    The UAE is a nation known for its large population of expatriates and tourists. The country is seen as an international business hub, bringing great wealth into the country and producing a highly diverse and desirable range of goods and services.

    One area of business which has found its way in is the medical field. The UAE is continuously growing as a medical tourism hub, and it attracts many professionals of the industry including doctors and nurses from foreign nations. With this considered, it is, therefore, essential to ensure that these professionals are appropriately qualified and registered to maintain the standards of the country.

    A law regarding medical professionals has recently received approval and looks to introduce higher levels of assurance and stability from the field within the nation.

    Federal National Council Draft Approval

    The newly approved law was discussed by the Federal National Council (FNC) just recently, and they look to introduce higher standards of regulation to the medical field. The law will apply to the whole of the country including the free zones since the subject matter of the law relates to the health and well-being of the people.

    As per the law, no individual will be able to practice any area of medicine without the prior approval and licensing from the health authority of the country. Further to this, a doctor cannot perform work outside of what their license specifies.

    This law will help to drive forward UAE's medical sector by assisting in the development of a world-class medical and healthcare system in the UAE. The UAE has a goal of having such a system in place within the upcoming few years, and this law is a crucial step in achieving just that.

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    Wed, 06 Feb 2019 12:00:00 GMT
    <![CDATA[Kuwait Central Bank Sharia Supervisory Board Draft Law]]> Kuwait Central Bank Sharia Supervisory Board Draft Law

    Introduction

    Kuwait is a wealthy and steadily growing nation. The country has vast oil reserves and a strong economy, with a large proportion of its population being comprised of expatriates (around 70%). The state also contains a strong banking sector and a stable business environment, which is highly attractive to numerous foreign entities.

    The country's banking and finance sectors are governed by the Central Bank of Kuwait (CBK), which is responsible for the regulations that govern all banking entities and their activities; and it is also involved in the more overarching financial outlook and position of the nation.

    On top of this, Kuwait being a Muslim country, the Sharia principles play a crucial role in the regulations and must be taken into account in all activities, whether they are business related or not. It is important to note that the CBK is in the draft phase of producing a new law to introduce Sharia supervisory boards to manage numerous Islamic banking activities.

    Sharia Supervisory Board

    While the potential amendments to the laws are still in the draft phase and have yet to go through the Council of Ministers, the first moves have indeed occurred in this direction.

    The change aims to ensure all Islamic banking-related activities are performed as per fatwas and agreed-upon Islamic standards. While most operations performed by Islamic banks or concerning Islamic banking take serious consideration of the religious rules and practices, this additional board will ensure, to the fullest degree, that there are there are no activities performed which are not permitted or that there is little to no consensus regarding.

    This change will likely have minimal impact on the performing of already established services, though it will ensure the methods behind the services and any new products that arise are considered in depth and verified.

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    Tue, 05 Feb 2019 06:21:00 GMT
    <![CDATA[UAE Visa for Widows and Divorcees]]> UAE Visa for Widows and Divorcees

    Introduction

    The UAE is made up of around 80% expats which is one of the highest rates in the world. With the large numbers of people coming from abroad, the visa system must be robust, and the multiple legislations surrounding it must be diverse and considerate of the significant amount of people who it impacts.

    With close to 8 million expats in the UAE, there are a significant number of individuals within the country who do not work or rely on their parents or spouses for their visas. Issues can develop from this, and the UAE government aware of this fact is making continuous changes, alterations and additions to optimize the processes and experiences of all involved.

    One of the latest of these changes concerns recent divorcees, widows, and children of widows and makes a move that is fundamentally helpful to these people in their greatest time of need.

    Amendments in the Case of Misfortunes

    Divorce and the death of a spouse are significant events in one's life and, especially when living in the UAE, the repercussions require a great deal of consideration. The UAE as recently as October of 2018, introduced a new one year visa which is to be made available to widows and those at the receiving end of a divorce who were reliant on their partner's visa to stay in the country.

    Previously, under similar circumstances, the person would have to immediately leave the country, and this could be a difficult and challenging prospect to descend upon one so suddenly.

    Under the new law, a one year visa will be available to the spouse or children of a recently deceased individual and also to a divorcee; this will allow for these people to figure out their affairs and more comfortably plan what their next move should be.

    This visa will be highly appreciated by many as it will ease these difficult times, providing an element of security and certainty in such uncertain times.

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    Mon, 04 Feb 2019 06:31:00 GMT
    <![CDATA[Upcoming UK Law Regarding Organ Donation Opt-out System]]> Upcoming UK Law Regarding Organ Donation Opt-out System

    Introduction

    One of the many significant advances in medicine in the last few decades has that of transplants. The first organ transplant occurred in 1954, and involved an individual who required a new kidney; this type of procedure, the kidney transplant, is now the most common types of operations that takes place in the world with thousands taking place every year in the US alone, and over 100,000 people in waiting.

    For a transplant to commence, the organs must be donated, and the number of people per year who require operations is often far greater than the number of donations. The procedures are primarily needed to save the life of an individual which places a considerable risk in the case that someone doesn't come through, or the waiting list is too long.

    One way through which the UK wishes to combat this is with a new bill that looks to introduce an opt-out system similar to that already found in Wales; Scotland is also considering the same.

    The Opt-out System

    Under the opt-out system, everyone will be considered a potential donor in England. While some organs can be obtained from an individual while they are still alive, such as kidneys or the liver, the majority can only be obtained from one who is deceased. A primary example of this is heart transplants, which are some of the most common and required procedures.

    The opt-out system will ensure all who die are potentially in line to give their organs to save a life. If one does not wish to donate, they will have to specify so with the NHS. The reason for this is due to the high demand and the high numbers of people who die daily from not having access to anything.

    The Bill has not yet become law, though it is looking more likely than ever, with no changes having being made by the House of Lords during the committee stage. With this in place, hundreds or even thousands of lives may be saved.

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    Sun, 03 Feb 2019 06:19:00 GMT
    <![CDATA[An understanding of illegal Telemarketing Calls in the UAE]]> An understanding of illegal Telemarketing Calls in the UAE

    Unsolicited telephone calls are very random and common in the UAE. There are many companies and corporate giants use the Cold Calls system in order to find new business and clients. The most common questions asked by the call receivers is the source from where they got the numbers. However, companies usually have multiple sources and marketing strategies to find their market targets and reach them. However, this is a time where the laws and regulations governing online marketing and advertisements are developing according to the market changes.

    The time of people come to business with only trusted resources are gone, the banks, insurance, and even some sales companies show their major finding of customers is through the phone calls. On the other side, the UAE government among other leading lawmakers in the world has given a good evaluation and changes in data-protection laws.

    Hence, from one hand the law has to protect the privacy of the user in a social media or any other kind of modern communications. On the other hand, the regulators are a concern with the data-protection for the reason that leading social media companies around the world today earn one of their major earnings through selling data of their people. The UAE lawmakers have to do a check and balance on both the side with implementing the laws.

    Further, the reason for strict protection is where some companies intent to steal the user's photos and further information in order to raise their sales. The targeted audience and their interest in various things are huge data for some companies in approaching their interest. The law protects the privacy of online users as well as getting unsolicited marketing calls. The same is protected from various laws in the UAE including but not limited Cybercrime, penal code, and privacy laws.

     

     

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    Sat, 02 Feb 2019 12:00:00 GMT
    <![CDATA[UK Law Press Freedom]]> UK Law Concerning Press Freedom

    Introduction

    The press plays a significant and vital role within every country by the delivery of relevant news and information to the general public, and also by performing research in critical matters. The media thus conducts the activity of bringing activities and reports to the forefront that would otherwise go unnoticed and uninvestigated.

    Performing activities such as these can, on occasion, give rise to concerns on the part of the reporters with regards to their rights and freedoms; this is an issue that the law is always trying to solve due to the importance of freedom of the press.

    The News Media Association (NMA) is one of the crucial entities that is looking out for and fighting for the rights of press freedom; and recently, a new bill has received significant backing to improve the overall conditions further.

    The Bill

    The NMA has led a campaign seeking to provide further protection in the areas releasing to counter-terrorism and border security matters covered in the similarly named Bill.

    This Bill looks set to change this and be more open to journalists in these areas by allowing them to travel to locations that the UK considers to be and has designated as terrorist threats to the nation, and also by enabling them to freely perform research into these areas. These would otherwise be highly suspected in the country and potentially punishable under the law.

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    Thu, 31 Jan 2019 04:39:00 GMT
    <![CDATA[Launching Objects into Space UAE]]> UAE Draft Law on Launching Objects into Space

    Introduction

    The UAE has recently been making strides in the area of space exploration. The country first saw the introduction of its space agency in the year 2014; and last year, a satellite from the UAE was successfully launched into space.

    UAE also has set high aspirations for the future, including sending a probe to Mars by 2021 and building a settlement there by 2117. However, as with anything new, regulations will be required to cover all aspects relating to such activities.

    The UAE is currently looking at a regulation which is in the draft phase which will restrict the launching of spacecraft or satellites of any kind to the space agency alone.

    Restrictions and Fines

    Launching of anything into space is a prospect which is difficult and fraught with potential danger, and so the new draft legislation would completely prevent anyone from doing so. For anyone wishing to launch anything above 100km, they would require approval from the authorities; and only the most qualified of organizations and groups would likely obtain this.

    Anyone or any group found to be launching objects without approval will receive a fine of between AED 100,000 to AED 10 million. A penalty of this magnitude is due to the considerable risk and danger that comes with such a project, and the UAE recognizes that only the most competent can even be permitted to proceed. Beyond the fine, offenders may also face imprisonment of up to a period of 2 years.

    On top of this, there is a strict prohibition of the purchasing and selling of rocket or satellite components, as well as, the mining and sale of meteorites. The reason for this is due to scams that have arisen in the sales of meteorites, rockets, and satellite parts. 

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    Wed, 30 Jan 2019 06:15:00 GMT
    <![CDATA[Putting the Finalising Touches on the Proposed UK Internet Law]]> Putting the Finalising Touches on the Proposed UK Internet Law

    Introduction

    The internet is a vast and widely available tool throughout the world. The notable advantage that the internet has brought is the significant amount of information that is obtainable therein, and the interconnectivity that it offers.

    It allows people to find others and interact with them as they wish across various websites such as Facebook and Twitter and many more.

    However, despite its perks, the internet is also used by individuals for less innocent reasons. Given this realization, legislation governing internet users have come into effect.

    Protecting Internet Users

    The internet is more easily accessible now than ever, with numerous devices allowing for internet access. Even the younger generation can hardly imagine life without the internet, and yet this demographic qualifies as one of the most vulnerable of its users.

    The UK is currently in the final stages of approving of new laws which seek to prevent and restrict the acts of cyberbullying and exploitation of younger people. However, the law does not wish to stifle technological progress, and so a fine line is being trodden here.

    A white paper is soon to be published and seeks to hold tech companies to a higher standard and through this, ensure greater security for the information of those using their services.

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    Tue, 29 Jan 2019 12:00:00 GMT
    <![CDATA[Bahrain Electronic Transferable Law Global First]]> Bahrain Electronic Transferable Law Global First

    Introduction

    Bahrain is a highly diverse nation, not only through its history as an important trading hub in the region but also in its modern day economic structure and growth. While Bahrain does have a substantial oil and gas export industry, it is also highly diverse. The country has specialized in other areas besides oil, with one of these critical areas being in Banking and finance, making it a global leader in the areas of trade and business. The country is also highly technologically advanced and wealthy.

    A key area in which it is leading the pack is with the implementation of the Model Law on Electronic Transferable Records (MLETR) which was initially introduced by the United Nations.

    MLETR

    The reason for this introduction is to prepare Bahrain for the inevitable future in which the system is used as a norm around the world. It is only a matter of time before digitalization of this kind becomes universal, and to be at the forefront and a key player may prove of significant advantage in the coming years.

    The Electronic Transferable Records Law will put into effect electronically similar documents to the likes of receipts, cheques, bills of lading and more; this will negate the need for the usual physical paper documents and make for smoother transactions and more streamlined processes.

    Updates have also been made to the already existing Electronic Communications and Transactions Law of the nation to reflect these changes and push for greater use of electronic methods and systems of communications within the nation's companies.

     

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    Mon, 28 Jan 2019 05:49:00 GMT
    <![CDATA[Cryptocurrencies Declared as Illegal Tender in Singapore]]> Cryptocurrencies Declared as Illegal Tender in Singapore

    Introduction

    Cryptocurrencies are still relatively new in nature and have only genuinely arisen within the last few years. They were never expected to replace or come to the same level as ordinary paper and coin money within this period, though only time will tell how influential they will become.

    Due to their novelty and their highly volatile and changing values through the years, governments are still very cautious when considering whether cryptocurrencies should be afforded the same freedoms and regulations as their traditional physical counterparts. There is also the topic of anonymity which provided with the use of cryptocurrencies, can be an attractive prospect to those with criminal intentions.

    Singapore has recently taken a stance on the topic after a recent case in which a company began accepting bitcoin and similar currencies.

    Illegal Tender

    Nations are still figuring out just how to handle cryptocurrencies, and in Singapore, there was recently a company called SK Jewelry which began accepting it as a method of payment; this proved to be a successful business tactic for them for the period over which these types of transactions were allowed.

    However, it has since been labeled illegal. The reason for this is due to the Law Ministry being unsure of the current systems that are utilized to make sure that unlawful and money laundering activities are restricted.

    In time, there may be a change to this view and further to this, technologies may arise which improve the control that is provided to the authorities, though for now, cryptocurrencies are illegal tender.

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    Sun, 27 Jan 2019 06:17:00 GMT
    <![CDATA[Illegal Fires and Barbequing in Public]]> Oman Fines for Illegal Fires and Barbequing in Public

     

    Introduction

    With beautiful weather and clear skies, many take their free days and try to make the best of it; this can often involve going out and visiting public spaces and parks, and performing activities such as barbequing and setting-up campfires.

    With these types of activities though, issues may arise which the local authorities desperately wish to prevent. The critical areas of concern involve making fires and barbequing in these public spaces, as well as littering. There is an element of disruption that these activities produce, and pollution is also a crucial concern with the litter.

    The Muscat Municipality is aware of such issues and has recently implemented a series of fines which will apply to those who do not adhere to the newly established bans.

    Muscat Municipality Order Number 31/2019

    Order Number 31/2019 has been announced, and as part of the move, there will be increased patrols in the public areas that people are often found breaking the law. The fines are as follows: For any individual found lighting an open fire or grilling in areas not specifically designated for such activities, they will receive a penalty of up to OMR 100.

    On top of the fine, the immediate removal of the offending objects must occur, and in the case that further damage arises, additional fines and punishments may follow.

    The law will be published in the Official Gazette and will come into effect 30 days after its initial publication.

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    Sat, 26 Jan 2019 12:00:00 GMT
    <![CDATA[Sharjah Loud Vehicle Restriction and Confiscation]]> Sharjah Loud Vehicle Restriction and Confiscation

    Introduction

    Loud vehicles can often be a source of nuisance and trouble for many, especially when these occur in residential areas or other highly populated areas. The UAE is known for its luxury cars and vast wealth, and there are sometimes vehicles which produce noises or are modified to produce sounds which many considered as disturbing. These include sounds which arise due to the engine or chassis, overly load stereo usage or vigorous and excessive utilization of horn.

    Sharjah has recently attempted to battle this issue, and also raise awareness amongst young people concerning the modification of vehicles to achieve louder sounds. The introduction of the Federal Traffic Law Number 178/2017 occurred for just this purpose.

    Federal Traffic La Number 178/2017

    This law will be highly appreciated by people who experience these types of issues in their residential areas, and the Sharjah Police have recognized this by stating that they are aware that the problem is prevalent in certain areas and will increase patrols in these areas.

    Further to this, any cases that are reported or found will result in varying fines, which are as follows. Excessive noise, in general, will result in a penalty of AED 2,000 as well as, 12 black points. However, confiscation of the vehicle itself from the individual will not take place. Further to this, unlicensed modifications to cars will result in fines of AED 1,000 as well as, 12 black points and a 30-day confiscation of the vehicles in question. Finally, cars playing loud music will be fined AED 400 along with 4 black points.

     

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    Thu, 24 Jan 2019 05:32:00 GMT
    <![CDATA[Oman Foreign Residency Regulation Amendment]]> Oman Foreign Residency Regulation Amendment

    Introduction

    The basic premise in Oman until recently was that to obtain an ID card and residency, one would have to get a job and visa. This idea is very much prevalent among the GCC and Middle Eastern nations and generally also applies to the family members of one who is employed within the country. A spouse and children under the age of adulthood are permitted to stay in the country without any other to work, though in Oman, it used to be that from the age of 21, any children would have to leave or find work.

    A recent announcement from a senior police official has provided us with information regarding how this has now changed, and what the new requirements to avoid this are.

    Oman Investors

    Foreign investors who have put their time and money into the country will now be able to obtain ID cards for their children, siblings, and family even once they exceed the age of 21, and this will allow them to remain within the country. The reason for this is to promote the state as a great investment opportunity and set it above other locations in the region.

    There has been a call for such a change for a while now, as investors have been seeking further incentives to go to Oman or to remain there. This change will allow for greater stability in these individuals' lives and provide them with a highly desirable incentive to stay.

    The change is one which will no doubt be highly appreciated and will allow for even more significant growth of the foreign investor sector of the Omani Economy.

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    Wed, 23 Jan 2019 12:00:00 GMT
    <![CDATA[RBI-External Commercial Borrowing]]> RBI's New Policy on External Commercial Borrowing(ECB)

    The Reserve Bank of India has come up with a regulation governing all types of lending and borrowing transactions between a resident in India and a non-resident Indian (NRI). The transaction can either be in Indian Rupees or foreign currency. The RBI notified the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018 on December 17, 2018, replacing the previous regulations. The existing framework on the External Commercial Borrowing (ECB) was revised on January 16, 2019. The new policy was introduced with immediate effect.

    The following are the key features that have been changed as per the new policy-

  • Change in structure
  • The scope of eligible borrowers
  • Rules relating to recognized lenders
  • Period of maturity
  • Borrowing Limit
  • The previous framework had provided for a four-tier system:

  • Medium-term foreign currency denominated ECB with an average maturity period of 3 to 5 years.
  • Long term foreign currency denominated ECB with an average maturity period of 10 years.
  • INR denominated ECB with an average maturity period of 3 to 5 years except where the entity is a manufacturing company.
  • INR bonds by an Indian entity in a foreign market.
  • The new policy has revised and merged the system into a two-tier structure depending on the currency. It has been divided into Foreign Currency Denominated ECB and Rupee Denominated ECB. The scope of the list of borrowers has also been widened to include all entities eligible to receive foreign direct investment.  

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    Tue, 22 Jan 2019 12:00:00 GMT
    <![CDATA[The UAE Amendments to Child Protection Regulations]]> The UAE Amendments to Child Protection Regulations

    The Prime Minister, Vice President of the UAE and the Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum has issued a Cabinet Resolution Number (52) of 2018 governing the executive regulations of the Federal Law Number (3) of 2016 which deals with the Child Rights Law known as Wadeema.

    The resolution includes 23 clauses dealing with the conditions of child labor, places where children are banned, the procedure for child rights violations, provisions relating to child welfare officer, protective measures and the obligations that are to be fulfilled by the foster families. As per the new law, children below the age of 15 years are prohibited from the grant of employment whereas, children above the age of 15 years is required to obtain written consent of their parents or legal guardian.

    The employment applications will be reviewed by the Ministry of Human Resources and Emiritisation in coordination with the Ministry of Human Resources. According to Article 2 of the new law, the following conditions must be satisfied for a child to be employed:

  • The child must not be less than fifteen years of age.
  • The child should be medically fit for the work required.
  • Any other condition as determined by the Ministry of Human Resources and Emiratisation.
  • The new law also deals with the procedure for releasing a person convicted of child molestation. The resolution protects the right of the minors, and it covers the rules to be applied to the UAE Nationals as well as the expatriates.  

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    Mon, 21 Jan 2019 12:00:00 GMT
    <![CDATA[Foreign Business VAT Recovery in the UAE]]> Foreign Business VAT Recovery in the UAE

    Introduction

    The VAT implementation has now been active in the UAE for over a year following the GCC nation's agreement. It is now successfully implemented at a 5% rate, and further legislation is regularly coming into effect surrounding it and making the system friendlier to businesses and consumers.

    Numerous questions have come forward from both these consumers and businesses with regards to the VAT, and these require clarification from the relevant government entities.

    A specific area which has recently received clarification concerns foreign entities and the ability to recover VAT incurred in the UAE.

    Federal Tax Authority Conditions for Recovery

    There are a few primary requirements before the VAT recovery can occur, and these are as follows. Firstly, the business entity looking to recover the VAT must not have a place of establishment in the UAE or any other GCC nations. Secondly, the body must not be a taxable person in the UAE. The reason for these two points is that if either of them is not the case, the entity will not be in a position to recover VAT.

    The third point is that the entity should be established with the appropriate authority in their jurisdiction. This jurisdiction should have a VAT implementation system of its own which would provide refunds to UAE companies in a similar situation.

     

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    Sun, 20 Jan 2019 07:04:00 GMT
    <![CDATA[Kuwait Amendments to Child Protection Regulations]]> Kuwait Amendments to Child Protection Regulations

    Introduction

    Child protection is a critical aspect of the law, and it requires serious thought and consideration. Being unable to act for themselves legally, they need protection and rights through legislation.

    Kuwait has its regulations on the matter, and the punishments are severe as expected. Crimes of this nature are unacceptable around the world and thus of great significance. However, there have recently been certain amendments which have added to and adjusted certain penalties of the preexisting law. The changes are as follows.

    Alterations

    The general direction the amendments have gone is towards tightening the restrictions and increased the penalties in place for the different elements discussed in the law.

    The names and identities of any children who have experienced sexual abuse are prohibited from being disclosed to ensure their safety and protect their futures. Beyond this, capital punishment is imposed on any found guilty of such acts.

    On top of this, any individuals found to have produced, exported or presented any sexual content containing minors will face imprisonment for a minimum of ten years to a 15-year maximum.

    The nation has recognized the paramount importance of child protection and has taken every step to ensure they receive protection.

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    Sat, 19 Jan 2019 12:00:00 GMT
    <![CDATA[Oman Zero Tolerance Speed Cameras Now in Effect]]> Oman Zero Tolerance Speed Cameras Now in Effect

    Introduction

    Speed limits are highly essential and present in almost every jurisdiction of the world with the only exceptions being the autobahn road in Germany. However, while they may be frustrating, speed limits are necessary requirements to ensure the safety of road users.

    In Oman, speed limits are listed alongside the roads, though as with some of the other Middle Eastern countries, the speed limit is not precise. There is usually a specific range of speed within which fines will not incur.

    In Oman, the allowance was 15km an hour above the specified speeds on certain roads. The reason for this is to account for variations and inaccuracies that may exist in car speedometers.

    Royal Oman Police Announcement

    The Royal Oman Police have recently revealed that they have looked into the accident rates around the nation and have decided that the best way to combat the same and produce a safer driving environment is to install speed cameras. These cameras will not permit the additional allowance in speed which has previously been authorized.

    There will be a grace period before the fine comes into effect to allow motorists to adapt to the change. The aim is to reduce the percentage of accidents and incidents that occur.

    Having these zero tolerance cameras in only certain areas will be a tricky situation to manage as drivers must be aware of where they are located. The grace period may help to solve this by allowing the authorities to tweak the system to produce the best and safest outcomes.

     

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    Thu, 17 Jan 2019 05:55:00 GMT
    <![CDATA[Visa Amnesty Program Ended: What does the Future Hold?]]> Visa Amnesty Program Ended: What does the Future Hold?

    Introduction

    Towards the end of 2018, the UAE had introduced the six month amnesty period for those who had overstayed their visa expiry or were in the process of looking for new employment. There was a duration within which any who were applicable could come forward to obtain the visa or leave the country freely without incurring any penalties, and this time limit received expansions until the end of the year.

    It has recently been specified and provided as a reminder to all that the time is indeed over, and the offer only stood to those who had lost their visas before August of 2018.

    However, with the limited nature of the prior amnesty system, and because it is no longer applicable, it is expected that there will be something else arising in a similar vein.

    New Six Month Visa Introduction

    In June of 2018, discussions first began concerning the implementation of a permanent six-month visa. This visa would be available for those seeking jobs in the country, such as visitors or those with potential interest.

    The idea is one which could be very promising, allowing for greater freedom for those who wish to enter the UAE seeking employment. This plan could be benefitting for both the nation and the people who this applies to. The plan is a very forward-thinking as it will allow for easier access to the city and let people make more informed decisions before finalizing their move to the UAE.

     

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    Wed, 16 Jan 2019 12:00:00 GMT
    <![CDATA[Oman Ban on Door to Door Sales and Services]]> Oman Ban on Door to Door Sales and Services

    Introduction

    Selling products on a door to door basis is a tactic that certain businesses use to spread the word on their services or products, or it may be used in the case of certain smaller business entities that work in a localized area and function on a small scale.

    While this practice is permitted in many jurisdictions around the world, there are recognized issues with it. The idea of disturbance in residential areas, as well as, the security concerns that come with selling to uninformed consumers, is a crucial reason for the reservations that may exist in the law; though a complete ban of the practice is not always adopted.

    Oman has recently introduced a new regulation which looks to ban the practice of door to door sales when these occur in residential areas.

    PACP Decision 10 of 2019

    The Oman Public Authority for Consumer Protection (PACP) has recently issued Decision Number 10 of 2019. which places a ban upon visiting homes and residences to make sales, without the consent of the potential customers visited.

    Any entities that continue to sell in this way will face fines which will range from OMR 200 to OMR 1,000. The hope is that this move will lead to a fairer overall business environment, while also providing consumers with a higher level of security which is absent in door to door sales.

    Overall, the wellbeing and protection of customers is the primary goal here, and the law will be good news for many of them.

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    Tue, 15 Jan 2019 12:00:00 GMT
    <![CDATA[Oman Bans Wearing Military Style Clothing]]> Oman Bans Wearing Military Style Clothing

    Introduction

    The clothing one wears often provides a great way to express taste and personality. Much can be said about a person based on what they choose to wear, and as such, great freedom is often provided to individuals with minimal restrictions. In the Middle Eastern countries, the general public is advised to dress decently and cover appropriately to respect public morals and culture, though one can wear whatever they choose within these boundaries.

    Specific types of clothing are rarely prohibited. However, Oman has recently decided to restrict people from wearing clothing which appears military in nature, including in the patterns and designs. Uniforms, in general, are a different topic when looking at clothing, as they are connected in multiple ways to specific organizations, which is where the problems arise.

    PACP Ban on Military Type Clothing

    The Omani Public Authority for Consumer Protection (PACP) has issued a Ministerial Decree which places a ban upon wearing any military-style clothing along with accessories associated with any such organizations.

    There will be fines in place for individuals who do not comply with the law, and some of the potential penalties are as follows.

    A minimum fine of $130 per day may apply. The penalty will repeatedly apply for continuing offenses with a maximum possible fine of $5,195.

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    Mon, 14 Jan 2019 12:00:00 GMT
    <![CDATA[The development of regulations related to ICO in the UAE]]> The development of regulations related to ICO in the UAE

    The most famous statements among the classic investors are the shares bought in a Public company and its developments. The trend has been followed among the cryptocurrency and blockchain related companies offering an initial coin which is similar to a share bought in a public company. UAE to finalize regulations related to Coin offerings in the mid-2019. It has been a great improvement in the region as Dubai International Financial Center has already released regulations related to Crypto Currency in the mid last year.

    Crowdfunding is more commonly used among the crypto and Block Chain startups around the world. Securities and Commodities Authority will issue regulations with the aim to support the startups to raise their investments. The SCA also will work along with Abu Dhabi Securities exchange to provide a trading platform for the ICO's next year. On the other hand, the cryptocurrencies are in a very volatile situation with the market situations around the world. However, according to the officials, the fundamental platform will be for all ICO companies to trade and exchange rather than just targeting few cryptocurrencies or Block Chain companies.

    The authorities have also considering the demand for the business. They have already requested many times for the insurance of the crypto assets and tokens. There are many leading startups around the world already filling the opportunities in the leading markets like USA, UK, and many other countries with domination. On the other hand, leading corporates like Microsoft and Intel have already invested and participated in the Block Chain projects. A newly opened market for crowdfunding would encourage many starting companies and also would provide the UAE crypto interested investors with an opportunity to get into one of the leading technologies at present. Upon the involvement, regulations, and approvals from the SCA, there will be a rise in the crypto market in the UAE. 

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    Sun, 13 Jan 2019 12:00:00 GMT
    <![CDATA[The USA Courts to decide if Marijuana extracts are legal]]> The USA Courts to decide if Marijuana extracts are legal

    The legality of Marijuana is a long going debate in the USA. There are many medical and research companies and startups wondering if their products are legal under the USA laws. A recent development in the sector has mentioned that the Arizona Supreme Court will decide in the particular state that whether the use of Marijuana in an edible product is legal. Currently, nine of the Major states in the USA has approved the Adult use cannabis. Meanwhile, 29 states have broadly in update related to cannabis use for medical purposes.

    The State law provides some limited individuals to carry marijuana with them with limitations of the quantity they can have weekly. California was first in the USA to legalize medical Cannabis for compassionate use patients. The patient especially who require the use for the medical purpose can have limited procession with them. The law has also previously regulated the regulations related to selling through state-regulated dispensaries. The purpose is related to medical and the individual must have to go through due diligence before getting into anything further.

    There are many bills proposed in the USA for legalizing Cannabis in most of the States. A recent example is the proposed bill to Congress to regulate cannabis like alcohol in 2019. One of the main advantages of legalizing is the substantial revenue for the federal and state governments. The revenue from alcohol is one of the main income for most of the country governments. Similarly, the legalizing would help the government to receive a good revenue from the Cannabis.  Meanwhile, there are many industries developing with the legalizing of Cannabis. One such example is the preparation of Cannabis drink in some of the restaurants. The chefs mention that the drink will not get high but they expect a good selling of the same in the coming years. Also, there are many other developing industries can create jobs for the people.

    Further, with the unregulated cannabis and use of marijuana, billions and billions of money wasted by the law and enforcement can be saved with the legalizing. One statistic estimates a $3 billion dollars or more used by the law and enforcement. Similarly, the price of the Cannabis can go down and help the patients who use cannabidiol oil and other cannabis-based products.

    However, Cannabis in the USA federally remains illegal. But the USA market opportunity has got bigger and bigger. According to a USA statistic currently, the market valued at $50 billion. With the emerging projects and findings, especially the legalizing of the cannabis in many states the market is expected to be growth multiple times in coming decades. Nevertheless, the debate and arguments among the lawmakers and regulators regarding the legalizing of Marijuana in the USA and around the world continues.

     

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    Sat, 12 Jan 2019 12:00:00 GMT
    <![CDATA[Oman Decree Amending Women Equality Convention Reservations Introduction]]> Oman Decree Amending Women Equality Convention Reservations

    Introduction

    Equality among the sexes has become a larger and more widely considered issue within in the Middle East. It is an issue which has been in constant development in many nations around the world, and one of the critical ways in which this has been handled is through international agreements.

    A crucial regulation of this kind is the Convention on the Elimination of All Forms of Discrimination against Women; this is a UN agreement of which Oman has ratified. However, there were until recently, certain reservations that the Omani Sultanate had placed over the agreement.

    A recent breakthrough amendment has just recently occurred, which is excellent news for many and has been long awaited.

    The Amendments

    Some critical and significant changes have developed. The Amendment states that the reservations which were previously present concerning Article 15 (4) of the Conservation are now accepted. Article 15 provides both men and women equal opportunity for freedom of movement in choosing their domicile or residence.

    The Amendment also states that any departments which this would concern should be made aware and make necessary alterations.

    The decree is to be published in the nation's official Gazette and will come into effect from the date of its publication.

     

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    Thu, 10 Jan 2019 04:15:00 GMT
    <![CDATA[Pedestrian Radar System]]> New Pedestrian Radar System Arriving in Abu Dhabi

    Introduction

    Pedestrian safety is of great importance within any city, and this is especially the case in areas which experience significant levels of pedestrian congestion. There are many systems already present to make on foot travel as safe as can be such as traffic lights and pedestrian crossings. However, these methods are standard around the world, and accidents still occur.

    The Abu Dhabi police have recently announced and unveiled a new system they intend to put out into the public which, the hope is, will result in a drastic increase in safety and decrease in accident occurrences. The new introduction is that of pedestrian radar cameras.

    How the Radars Work

    The system will begin in school zones, as these are some of the most critical areas which see severe congestion at certain times of the day.

    The radar consists of two cameras, and they watch both the road and the pedestrians. They then proceed to provide warnings to both parties when pedestrians should cross, and when cars should be aware of them.

    While the system will begin in school zones, in time, they will then proceed other areas that are known to be congested.

    Failure to stop at these signs will land a driver with an AED 1000 fine and ten black points, and school buses that do the same will result in the driver receiving an AED 500 fine. The concept is currently in the testing phase and is soon to be more widely deployed.

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    Wed, 09 Jan 2019 06:23:00 GMT
    <![CDATA[Oman Car Sharing: Is it Illegal?]]> Oman Car Sharing: Is it Illegal?

    Introduction

    It was announced only towards the latter stages of 2018 that car sharing, or more specifically, illegal taxis, are not allowed in Oman. There is a difference here between these two concepts, and it is clarified as follows.

    Illegal taxis are any non-official taxi services which charge their riders a price to transport them to their desired destinations; this is the same activity as an ordinary taxi, the difference being that unlicensed individual perform it. The reason for the prohibition of such services is to ensure that the party which uses the service is not placed in danger. Due to the unlicensed and unauthorized nature of this, there are chances that the drivers may not be licensed or monitored appropriately, which can cause havoc in the case of accidents or wrongful actions.

    Car sharing alone does not involve payments in the way illegal taxis do, and this is the critical difference. The Oman police have recently made an announcement to clarify just this.

    Don't Charge

    The recent announcement clarified that the ban on pick and drop services only aimed to prevent at what was referred to as 'taxis'. For one to avoid this labeling, the solution is to not charge the individuals for the trips.

    The requirement for this clarification arose following questions arising concerning the simple sharing of vehicles between friends or family; a practice which is relatively common. The announcement, which was provided by the Royal Oman Police will have come as a great relief to many. All in all, the confusion that arose was not of significant disruption, though travelers will now have less to worry about on the topic.

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    Tue, 08 Jan 2019 06:59:00 GMT
    <![CDATA[Abu Dhabi Summary Court Introduction]]> Abu Dhabi Summary Court Introduction

    Introduction

    There are thousands of court cases that come up yearly, and the majority of these are quite small in scale. Many of these cases don't require lengthy proceedings and months to tackle, and the current court structure recognizes this. There are courts available for different types of situations and also different lengths and complexities of cases.

    In Abu Dhabi, the one-day labor court handles labor matters and concludes within a single day, which saves ordinary courts much time and resources.

    The concept of these courts specifically present to deal with short and simple cases is tried and tested in jurisdictions such as the UK, and even in free zones such as the Abu Dhabi Global Market (ADGM) which shows its viability.

    The Introduction of a Summary Court

    The new Summary Court will look to work in tandem with smaller courts to further improve the overall system. With over 700 cases being dealt with through the one-day labor court in 2017, the new court will very likely see hundreds of cases, further saving court time and money.

    The aim is to ensure cases settle within a day and allow for people and entities to move on with limited time lost and minimal hassle.

    In general, the introduction is a positive one, and its impacts will be felt immediately as a weight off of other courts.

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    Mon, 07 Jan 2019 06:54:00 GMT
    <![CDATA[Singapore Initial Coin Offering Updated Guide Released]]> Singapore Initial Coin Offering Updated Guide Released

    Introduction

    Initial Coin Offerings (ICO) is a way to raise capital for a new cryptocurrency without obtaining a bank loan or similar conventional means of financing. Cryptocurrencies are still quite a new development in the world of finance, having only truly taken off in the last few years. As such, the regulations still require alterations across many global jurisdictions.

    Singapore, while a small country, is very much a world leader in many aspects. It is known to be among the smartest, safest and most technologically advanced nations in the world, and is also known for its financial services market, putting it at the very forefront of the ICO discussions.

    The Updated Guide

    The initial ICO guide was released by the Monetary Authority of Singapore (MAS), which is the nation's Central Bank. The aim was to provide companies with a set of guidelines to follow if they were considering proceeding with an ICO.

    This latest update has come about to combat issues that are coming to a rise in the area of ICOs. Some of the critical introductions are the Anti-money Laundering (AML) and Countering Financing of Terrorism (CFT).

    These updates are important and are a requirement to ensure the optimal growth and security in the matter of cryptocurrencies.

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    Sun, 06 Jan 2019 06:50:00 GMT
    <![CDATA[Aadhaar Card no Longer Required for Sim Cards and Bank Accounts India]]> Aadhaar Card no Longer Required for Sim Cards and Bank Accounts India

    Introduction

    The Aadhaar Act was introduced in India in 2009 and acted as a means of identification. Each individual has a number which is 12 digits and unique to them. It was required to obtain sim cards and bank accounts, and could, therefore, lead to many issues for those who didn't receive it.

    However, a recent amendment has arisen which has made the card no longer a requirement in certain situations.

    What has been changed?

    The idea behind the change is that people should not be at a disadvantage or unable to obtain certain essentials. It will now be possible to present alternate forms of identification to get bank accounts and sim cards. In the modern world, these are seen as essentials, and so this change is significant.

    These two changes are the primary alterations, though a third point may hold greater overall impact in time; this change will allow individuals under the age of 18 to opt out of the Aadhaar program so that they will not receive a number when they get old enough. Of course, this change can only arise in tandem with the other alterations previously mentioned. A valid ID will now be sufficient to obtain sim cards and open bank accounts.

    The change came into effect from 2 January, 2019. The Aadhaar Bill is currently undergoing the process of easing up certain regulations, which is very much a necessary step.

    ]]>
    Sat, 05 Jan 2019 12:00:00 GMT
    <![CDATA[Calorie Labeling ]]> Saudi Arabia Mandatory Calorie Labeling on Menus

    Introduction

    Saudi Arabia along with other GCC countries including UAE, Kuwait, and Bahrain have high levels of obesity, and this has been a known issue for numerous years. Some of these countries have even implemented systems including sin tax on cigarettes and soft drinks.

    Saudi Arabia is making a new push to help reduce this image with the new law that will make it mandatory to display the caloric count and ingredients of meals on menus. This change may not have as much of an impact as a sin tax, since people may not take much heed of the inclusion due to there being no monetary incentive to bear it in mind. Though this may bring the matter to the forefront and make more people conscious of what they are eating.

    Saudi Food and Drug Authority

    The Food and Drug Authority of Saudi had recently announced that it will be a requirement that the menus of restaurants should be more informative to their customer base.

    Mandatory labeling of this kind has been introduced in certain other jurisdictions and is quite common in Europe and the US for some time. The hope is that this will move the nation forward in a positive way, and is part of their 2030 overall change to the country in large.

    The change was to be implemented and become mandatory from the 31 December 2018, and so it is now in action.

    ]]>
    Wed, 02 Jan 2019 18:41:00 GMT
    <![CDATA[Bahrain Partial Vat Exception on Personal Imports]]> Bahrain Partial Vat Exception on Personal Imports

    Introduction

    With Bahrain's VAT commencing 1 January 2019, the country is making a significant leap in their economic front. The introduction is a result of the GCC nation's VAT implementation agreement, under which, the states should have VAT in place by the start of 2019.

    The UAE and Saudi Arabia have already implemented VAT at the agreed upon rate of 5%, though they are still making additions and will continue to do so. Examples of this include the UAE's VAT refund scheme.

    Bahrain is already looking to apply incentives and resident friendly caveats to the VAT, such as exempting personal imports (of particular value) from VAT.

    What is the Exception?

    Personal imports and gifts that are brought into Bahrain from foreign nations will be free of VAT so long as the value of the goods is below Bahraini Dinar 300. This news was announced by the Customs Affairs; this entity coordinates with the principal tax authority in Bahrain, the National Bureau for Taxation.

    The exception is excellent news to residents of the country as they will be aware that VAT will not be applied to every small item they bring into the country.

     

    ]]>
    Mon, 31 Dec 2018 02:41:00 GMT
    <![CDATA[Kuwait Parliament Reject Non-Muslim Citizenship]]> Kuwait Parliament Reject Non-Muslim Citizenship

    Introduction

    It was but a month or two ago that the possibility of non-Muslims being able to obtain citizenship in Kuwait was being considered in the country. The country does have a citizenship law which was initially published in 1959, though it has received numerous edits and alterations through the years.

    In more recent years, the idea has been that to obtain citizenship, an individual either must have a mother who is Kuwaiti, along with smaller requirements such as the knowledge of the Arabic language and a legal line of work to name a few of the conditions. Other than this, individuals who spend long periods working within the country, or make significant economic contributions within the nations may have the ability to obtain citizenship. However, one key element that was required was that one would have to be a Muslim to get the citizenship.

    Parliaments Decision

    The question recently was of whether a change would be made to the Muslim requirement, and thus considerably widen the pool of potential people who can become citizens.

    The Kuwaiti Interior and Defence Committee recently decided against making this change. There was much progress made towards making the transition a reality, though conservative and Islamic lawmakers stood firmly against it which held sway in the end. As such, for the time, Non-Muslims will be unable to become Citizens of Kuwait through any means.

    ]]>
    Sun, 30 Dec 2018 05:00:00 GMT
    <![CDATA[New Foreign Direct Investment Law in the UAE]]> New Foreign Direct Investment Law in the UAE

    On 30 October 2018, Decree Law No. 19 of 2018 (the new Foreign Direct Investment (FDI) Law) was issued. Under this legislation, the UAE aims to further entice foreign direct investment and bolster its investment landscape. The Decree intends to attract knowledge, innovative technology, and expand production. According to the executive chairman of the Sharjah Investment and Development Authority,

    "This decree underscores the UAE's keenness, under the leadership of President His Highness Sheikh Khalifa bin Zayed Al Nahyan to further diversify sustainable development, and cement our position on the world map as a leading foreign investment destination."

    Under the new FDI Law, the UAE Cabinet maintains authority to alter the maximum percentage of foreign ownership. Although a greater degree of ownership can be granted, the Law provides rules which must be adhered to by foreign investors who hold greater than 49 percent of company shares. The new FDI Law also permits the UAE Cabinet to modify the sectors which permit greater levels of foreign investment. In doing so, the Cabinet is capable of setting the permissible foreign ownership percentage, establish capital and Emiratization requirements, and restrict the type of operations conductible in each sector. If a foreign investor wishes to own more than 49% of a project's shares, permission must be obtained before the project can become a Foreign Direct Investment Company.

    Within the next two years it has been anticipated that as a result of the new UAE Foreign Direct Investment Law, FDI will surge by 15 to 20%. This dramatic growth is predicted to occur as a result of the relaxed foreign majority ownership rules. This speculation was presented on 19 November 2018 by a senior official from the Ministry of Economy. Although full or part ownership will be permitted within various sectors, this sanction will remain non-applicable to approximately 12 industries. Within the first quarter of 2019, companies can expect the publication of a detailed list outlining which sectors are approved for full ownership.

    The projected increase in FDI is expected to primarily target projects encompassing logistics, healthcare, and tourism. Additionally, Sharjah's free zones are anticipated to experience the bulk of investment.  

    ]]>
    Sat, 29 Dec 2018 03:47:00 GMT
    <![CDATA[Emirates Medical Tourism]]> Emirates Medical Tourism E-Portal Introduction

    Introduction

    Medical tourism is an industry which has seen substantial growth in recent years. Often times, to get the best or fastest medical attention, there will be options available in foreign nations. Certain countries have developed their medical industries in such ways that attract foreigners, this has been done in a variety of ways. Ensuring an enhanced quality of medical treatment, short wait times for matters concerning transplant and surgery, as well as providing reasonable cost of treatment, have all served as mechanisms for attracting foreigners.

    The UAE has developed its medical field by giving rise to high-quality facilities with knowledgeable professionals. While it is not among the very top countries in terms of medical tourism, it is a fast-rising nation with world-class facilities none-the-less.

    The UAE E-Portal

    Considering the medical tourism position the UAE holds, The Abu Dhabi Department of Health (DOH) along with the Department of Culture and Tourism (DCT) have introduced the E-portal, which contains information regarding all medical facilities and healthcare available within the nation.

    The hope is that this will provide more information and confidence to potential medical tourists as the facilities and information will be transparently and readily available. Additionally, the portal will also allow for other aspects of the UAE's medical landscape to surface. While in the past, people may simply have visited the country for a single procedure or minimal healthcare, the doors are now open for them to explore further possibilities.

    All around, this is a positive move which looks to expand the industry and propel the UAE to the very top of the global Medical Tourism list.

    ]]>
    Wed, 26 Dec 2018 03:54:00 GMT
    <![CDATA[Good samaritan law]]> Good Samaritan law receives go-ahead in UAE

     Introduction

    A good Samaritan is an individual who goes out of their way to help those in need with no thought given to personal gain or anything similar. The term itself arises from a biblical story of an individual who did just that. They aided another when they were robbed and beaten, thus, modern-day do-gooders are referred to as such.

    However, modern-day laws and regulations, there is more that needs to be considered before one inserts themselves into any situation, as there may be legal ramifications which they have not foreseen; that could come around to cause them trouble.

    On the other hand, it is recognized that those who wish to do good should perhaps not be punished for doing so, or laws should at least exist to provide them protection. The UAE has recently just approved of such a law, which will be enforced in the near future.

    UAE Good Samaritan Law

    They need for good samaritan law has been contemplated in the country for some time and there have been protections provided to those where such a law should apply. However, it has recently been revealed that a good Samaritan law has in fact been approved of and is expected to come into effect in 2019. The exact date of this is currently unknown.

    This is a good step to take as without such a law in place, individuals are expected to stay away from situations wherein they might otherwise help and potentially save lives. While the paramedics and other such professionals are often near and available to assist, in life-threatening situations, every second matter.

    It may seem a long time coming, however, UAE is already aware of the issue and is lenient towards those who attempt to assist. A law would simply cement this attitude and provide concrete articles which the general public can base their decisions on.

    ]]>
    Tue, 25 Dec 2018 06:31:00 GMT
    <![CDATA[Oman ‘Sin’ Tax]]> Oman 'Sin' Tax

    Introduction

    There are numerous practices which are performed openly and legally, which are at the same time, known to harm either the individuals involved in using them or the environment in general. Some examples of these activities include smoking, drinking alcohol, and also the consumption of extremely unhealthy foods and drinks.

    These practices are not illegal, and while there are potentially somewhat adverse effects associated with them, individuals continue to spend money on them.

    This is where the concept of a sin tax arises. Similar ideas have already risen, and countries such as the UAE have already implemented certain fees. The UAE began around October of 2018 by imposing a 50% tax on sodas and energy drinks. Oman now looks set to put in place a similar tax with a potentially broader range of goods and activities covered.

    The Omani Sin Tax

    The sin tax in Oman would cover the sodas and energy drinks as mentioned previously, as well as tobacco and alcohol. There were plans to introduce the tax during 2018, though it has yet to come to fruition. However, the implementation is expected to occur soon.

    The aim of introducing the tax is two-fold; on the one hand, it will, of course, give rise to additional earnings for the government which can then be used to pursue further aims within the nation. The other aspect here is to give rise to a healthier and safer future in Oman.

    The goods that are to be taxed are not essentials to survive and instead, pose health risks to those who use them. Alcohol, in particular, opens up the potential to create many adverse outcomes resulting from the impairment that it causes. Numerous driving-related incidents per year are linked to drinking.

    For the government, this is a win-win situation. Improving the overall health of the populous as well as gaining more tax money from those who do still purchase the select goods.

    ]]>
    Mon, 24 Dec 2018 05:57:00 GMT
    <![CDATA[UAE-DFSA Regulations on Collective Investment Funds]]> UAE-DFSA Regulations on Collective Investment Funds

    Collective Investment Fund is an investment vehicle where a group of investors pool their money and invest in a portfolio of assets to spread risk. The Dubai Financial Services Authority has notified that modifications to its Collective Investments Funds (CIF) regime, on which the Dubai Financial Services Authority (DFSA) approached last year, came into force on 18th December 2018 coexisting with the ratification of the Dubai International Financial Centre (DIFC) Companies Law 2018. The DFSA set out the wide range of proposals to assist the continued enlargement of the growing funds' industry in the DIFC.

    The recent provisions bolster the DFSA's dedication to meeting international standards, especially those of the International Organization of Securities Commissions and Financial Stability board, through certain ways to intensify liquidity risk management in open-ended Funds. Open-ended Funds provides their investors the right to redeem their units at a calculated price which is based on the asset value of the Fund's portfolio of assets.

    The latest provisions include the difference between Private Company and Public Company established by the Companies Law, into the Funds regime, so that investment companies with retail participants would need to be Public Companies; detach the current limits on the investors which a DIFC Fund can have. At present only, the Public Fund can have around 100 investors which also include retail investors, with an Exempt Fund being restricted to 100 or less than 100 and Qualified Investor Fund being restricted to 50 or less than 50 investors.

    These amendments do not reform the present focus of regulations of these Funds, which would be based on the class of investors. For example, retail investors will sustain the higher level of inspection regardless of the category of Fund). The new provisions also instigate a new category of specialist funds for ETFs. ETF are those funds whose units are listed and traded on exchanges. The introduction of ETF would provide the investors with a wide range of choices from the DIFC. This model has been observed from EU (European Union)and incorporated into DIFC regime with necessary changes. 

    ]]>
    Sun, 23 Dec 2018 06:24:00 GMT
    <![CDATA[Employment Of The UAE Nationals In The Private Sector]]> Employment Of The UAE Nationals In The Private Sector

    Emiratization is one of the most important national matters to UAE rulers and the Emirati pioneer people, respectively Minister of Human Resources and Emiratization issued a new decree. Managing the employment and termination of UAE nationals in the private sector as well as creating an efficient platform to enhance Emiratization. It further identified the procedures and steps to follow upon any employment of UAE nationals in the private sector.

    Such a decision will support implementing the efforts preserved by the Ministry in the foregoing years to enhance the employment of UAE nationals in the private sector. It will additionally promote the creation and training of qualified national cadres capable of taking the lead in the overall development of a sustainable economy.

    Moreover, the decision clearly drew the conditions of terminating a UAE national. Thus private sector employers now are compulsory to submit an "exit interview" at the expiration of employment or termination of a working relationship.

    Termination of UAE national employment relationship could happen due to many reasons as expiration of the contractual period or amicably termination by both parties, however in all cases, employers must procure that insureds (the UAE national employees) are fully paid to the pension and social security scheme required by the legal systems at the Ministry in favor of the UAE national.

    We further prefer to draw attention to the unlawful UAE national termination; such as if its proved that the employer has maintained a non-national employee to perform the same work of the UAE national employee, or if it has been proved that termination was for the purpose of hiring a non-national without any justification acceptable to the Ministry.

    As a consequence, the Ministry will suspend the employer issuing new work permits for a period not exceeding 6 months.

     

    ]]>
    Sat, 22 Dec 2018 04:13:00 GMT
    <![CDATA[Animal Welfare Regulation Update]]> Animal Welfare Regulation Update

     

    Introduction

    Animal welfare is of great importance in the UAE. Recently the demand for animal welfare laws and regulations have increased globally. Owning a pet is a commitment and it is important to recognize that they too have rights. The UAE introduced Law Number 16 of 2007 which contains the provisions for ensuring animal welfare, and the Act has been subsequently amended by Law Number 18 of 2016. However, new concerns have recently arisen with regard to animal welfare and regulations.

    New Aspects of the Law

    The MOCCAE (Ministry of Climate Change and Environment) has issued executive regulations on the 2007 law as mentioned earlier and its 2016 amendment. Under the new regulations, mistreatment of animals and pets will result in punishment.

    Animal abuse and abandonment are strictly prohibited. In the event an individual wishes to no longer care for their pet, the animal should be handed over to an appropriate entity or organization which can then continue to care for them, and likely pass them on to new owners. Beyond this, also prohibited is the mistreatment of animals, requiring the animals be provided with an appropriate level of nutrition and given necessary space and care.

    Beyond standard pets, there are also those animals which are used to perform work. Under the new regulations, such animals are not to be overworked or abused.

    If infringements of these rights occur, the owner or caretaker may face punishments including but not limited to fines or jail time. With these regulations in place, the aim is to achieve a high standard of animal welfare in the nation and implement an appropriate legal structure to handle matters and situations that could arise.

    ]]>
    Thu, 20 Dec 2018 06:48:00 GMT
    <![CDATA[Bahrain Draft Cryptocurrency Regulation]]> Bahrain Draft Cryptocurrency Regulation

    Introduction

    Cryptocurrency has received a considerable amount of discussion and attention in recent years. With the value of cryptocurrency soaring, especially in the last two to three years, and the likes of bitcoin also experiencing a rather drastic drop in value, individuals and governments globally have begun to realize the potential therein. Considering that the type of currency is also very new, while the likes of coins have existed for millennia and credit and debit cards are found everywhere today, individuals are just beginning to adapt to cryptocurrency.

    While Bahrain has numerous laws and regulations governed by their Central Bank, rules related to cryptocurrency have just recently become a requirement. As an internationally-minded nation, it is justifiable for Bahrain to adopt laws which mirror prospective further developments.

    Bahrain's New Draft Law

    The Central Bank recently published the Draft Law, which will soon govern the aforementioned. With Bahrain looking to become an international financial technology hub, it is a requirement to have cryptocurrency covered under the law.

    Introducing such laws will ensure greater ease in adopting the currency form. While the law is only in its draft stages, the official enactment cannot be too far away.

     

    ]]>
    Wed, 19 Dec 2018 12:00:00 GMT
    <![CDATA[2019 Tolerance Committee Formation]]> 2019 Tolerance Committee Formation

     

    Introduction

    A recent announcement has revealed that the year of 2019 will be the UAE Year of Tolerance. In a nation which consists of 90% expatriates, the number of different cultures and types of people is hugely varied, and thus tolerance is a key to ensuring appropriate integration of everyone as well as the fact that it will allow for fair treatment for all.

    The announcement of a year geared towards tolerance is not the only thing that the government revealed. Further to this, a committee is to be set up to drive this goal and ensure all groups and entities abide by it.

    Tolerance Committee

    The announcement of this committee was by His Highness Sheikh Mohammed Bin Rashid Al Maktoum, the Vice President of the UAE. Their goal is to ensure that the tolerance aims are met and follow the seven outlined principles. These are:

  •  Tolerance in the community;
  • Tolerance in Education;
  • Tolerance in the Workplace;
  • Tolerance in Culture;
  • The UAE Model of Tolerance;
  • Tolerance in Legislation; and
  • Tolerance in the Media
  • These will play a vital role in the coming year, and as specified among the principles, the legislation that may arise will take this into account. Policies and regulations will be considered more closely to ensure they are inclusive of all those who reside in the country creating a further transparent and just system of law.

    ]]>
    Tue, 18 Dec 2018 03:07:00 GMT
    <![CDATA[DIFC Company Regulations]]> New DIFC Company Regulations

    Introduction

    The DIFC was the first financial Free Zone in the UAE. It is currently one of only two present in the country and is globally renowned for its facilities and services that it provides. The initial establishment took place in 2004, and it has since grown and developed to become one of the most recognizable free zones in the country.

    It offers most of what is ordinary within a free zone such as 100% foreign ownership and 0% income or profit tax. On top of this, DIFC specifically caters to financial entities and is governed by the Dubai Financial Service Authority (DFSA).

    As such, it does not generally rely on the laws and regulation found on the UAE or Dubai mainland, as the DFSA produces provisions specific to the free zone.

    The New DIFC Companies Law

    The new law was enacted by the President of the DIFC, who is also the Vice President of the UAE, His Highness Sheikh Mohammed bin Rashid Al Maktoum.

    The changes brought about include:

  • Two new forms of companies that can be set up in the DIFC;
  • Additions and alterations to the duties of directors within companies;
  • New ultimate beneficial ownership registration information. Companies must provide this to the DIFC authorities.
  • The new company types introduced will replace LLCs and share limited companies and are PLC's, which are public companies; LTD's which are private entities; and other recognised company forms such as branch companies.

    Regarding the director duties, which was quite vague in the past, an expansion of it has been provided. Some of the new responsibilities involve promoting a company's success, avoiding any conflicts of interest, and taking care and using their best judgement in guiding the business to grow.

    The general changes are not on a massive scale, but rather seek to improve upon the already successful foundation provided by the DIFC. The alterations will be well received, especially since it will not demand a great deal from already existing companies and will ensure a more controlled environment within the free zone.

    ]]>
    Mon, 17 Dec 2018 05:58:00 GMT
    <![CDATA[Impacts of Bahrain VAT Implementation on Neighbouring Nations]]> Impacts of Bahrain VAT Implementation on Neighbouring Nations

    Introduction

    The GCC countries, through the GCC Common VAT Agreement, have agreed to introduce VAT within their systems. The initial aim was to have the VAT system introduced into the economy across all countries by the start of 2018, except for two countries which were given until the beginning of 2019 to implement the same.

    Value Added Tax or VAT is a tax that is placed on goods and services where the value is added to the products sold at different points throughout the sales processes. While the entity selling the product does pay the tax to the government, they do not pay it based on their earnings; but rather the consumers are charged an additional amount payable to the government. In the GCC, the initial VAT rate is at 5%.

    There are other factors which will arise following the implementation, due to the earlier practice of minimal taxation within the GCC nations. With Bahrain preparing to introduce the VAT system, here are some of the critical impacts that will be felt by the country's neighbors.

    VAT Implementation and the Effects on Bahrain's Neighbours

    Apart from the apparent impacts on businesses, the implementation of VAT brings about several other international impacts which require consideration. One such aspect is that of the importing and exporting goods. There will be different requirements based on whether something is an import or an export; and with the GCC nations having the same legal background and stance on the topic, it will be important for businesses to decide whether they will be importing into one country or exporting out to another.

    Another crucial area of discussion regards whether the Bahraini VAT is levied on a business in Bahrain performing actions in another country or charging a foreign entity for something carried out in a different country.

    It is evident from the above-stated main points of consideration that much cooperation required amongst the GCC countries to ensure a well-developed and smooth transition into the new VAT inclusive landscape.

    ]]>
    Sun, 16 Dec 2018 03:33:00 GMT
    <![CDATA[New Jebal Ali Free Zone Offshore Companies Regulations]]> New Jebal Ali Free Zone Offshore Companies Regulations

    Introduction

    Jebal Ali Free Zone (JAFZA) is located in Dubai and is the oldest free zone in the country. It was established in 1985 and has grown to become the largest free zone in the country. Having this kind of prestige behind it, the free zone is of great importance and is home to many large businesses. For it to maintain its place as the largest free zone in the country, and to ensure that it has the highest level of customer satisfaction, there is a constant attitude of improvement and progress.

    In order to adapt to the times, regulations have been introduced continuously in all areas to allow for a more transparent and fluid system, and most recently, a rule concerning offshore companies has been established.

    Jafza Offshore Companies Regulations 2018

    Before the introduction of this regulation, the last modification was made in 2003. The new law contains some critical differences which will likely make potential investors happy. Some of the fundamental changes are as follows.

    Different forms of shares are now available, which previously was not offered; this will allow for a higher level of control for the owners and critical figures of the business ensuring they take the paths deemed most fit.

    Obtaining visas for the members of the business is now a possibility if that entity owns property within the free zone. On this area, businesses now only require a single director instead of the previous requirement of two.

    Previously, it was neither possible to perform a transfer of incorporation, nor was it possible to convert an offshore company into a free zone company. However, this is no longer the case, and both are possible. On the other hand, before the implementation of this law, there were no requirements or duties on companies and record keeping was not mandatory. Now, entities that are informed to do so must provide records to JAFZA RoC.

    For a resolution to be passed, 75% majority vote must be in its favor, whereas this used to be a simple majority requirement.

    Finally, the regulation also elaborates on the previously vague subject of what an offshore entity is permitted to do. There are now more magnificent guidelines on this matter, such as the fact that an offshore may own property on any of the freehold areas in the UAE, and can hold a stake in another onshore UAE entity.

     

    ]]>
    Thu, 13 Dec 2018 05:39:00 GMT
    <![CDATA[Abu Dhabi Global Market opens first Digital Courtroom]]> Abu Dhabi Global Market opens first Digital Courtroom

    On 9th, December 2018 the ADGM, internationally recognized independent judicial body opened it's the fully digital Courtroom. The Courtroom is located in one of the main building in Maryah Island. This is considered one of the first innovative and fully digital courtrooms in the world. Similarly, Lawyers and legal community consider it as a revolution in the legal system.

    The new courtroom distinguishes from ordinary courtrooms and the look itself is innovative and impressive. Leading authorities, law firms, and the legal community were invited for the successful opening ceremony. H.E. Ahmed Al Sayegh, UAE Minister of State and Chairman of ADGM thanked with a statement to all the judicial department for their effort and support for the establishment of this courtroom.

    The courtroom intents to provide the parties with access to their digital court files, electronic filing options, case management and evidence bundle within real time. The efficiency from the courtroom will encourage the lawyers and parties to the case to contribute and enjoy transparency of the cases conducted in the courtroom. One of the primary objects is to remove the hard copy from the system. Therefore, the efficiency will be very high with the use of technology. Every document intended to be soft. Which means that all the documents will be saved in the system as well. Making it easier for the judges, lawyers, and the parties. Similarly, the screens fixed in front of all the audience provide real-time clarification for everyone in the courtroom about the document or subject matter in the discussion.

    The electronic filling provides parties with the option to file documents from anywhere around the world at any time of the day. Also, an easy payment system for the same. Enabling the system open for all the parties with the option to file their documents regardless of whether they are in the UAE or outside. As much as the filing takes time in a case, another reason for the court system to delay the judgment is unnecessary times spent on case management conferences. With the updated system the case management conference can be conducted electronically between the parties. Also, the lawyers can serve the documents using this as well. Saving immense of time and costs.

     

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    Wed, 12 Dec 2018 05:18:00 GMT
    <![CDATA[Sharjah Annual Budget Introduction]]> Sharjah Annual Budget Introduction

    Introduction

    Budgets are commonplace in many private sector companies in the UAE, and in a greater sense, around the world. They allow for the companies to ensure they are on top of their finances, which can lead to an easier time in monitoring and providing a transparent system. Further to this, budgets also make sure that entities are prepared for the period of their duration, as annual budgets will allow for careful consideration for the coming year from a monetary standpoint.

    However, in the UAE, there has been far less of a stringent budgeting requirement on government entities. The simple point of this relates to the fact that a reason for it just hasn't arisen. The Sharjah government has recently seen though that it may be an excellent addition to make regulations on the matter. Up until this point, budgets have indeed existed, though, with the interconnected nature of the government entities, a provision in place would be of great value.

    Law Number 11 of 2018

    Sharjah has recently implemented this Law Number 11 of 2018 concerning budgeting in the public sector. The first budgeting under this regulation will be for the upcoming year of 2019, and all of the public sector entities will be required to comply for their annual budget.

    The Sharjah Executive Council will be in charge of managing and ensuring all entities follow their budgets, and as per the law, should a body run across additional expenditure that is not a part of their budget, they will have to take it up with the council, with them having the final say.

    The law will commence from January 1 of 2019, and the initial budget should cover from this point till December 31 of the same year.

     

     

    ]]>
    Tue, 11 Dec 2018 05:23:00 GMT
    <![CDATA[Issuance of Sharjah Endowment Law]]> Issuance of Sharjah Endowment Law

    Introduction

    The Sharjah ruler has recently issued the endowment law within the Emirate. This type of law is not very common around the world, and the recent implementation within the UAE may be one of the first of its kind.

    Endowment involves providing funding to charitable organizations, and the UAE is known to be a considerable donator of aid on a global scale, and the new regulation looks to increase the level of control and transparency for the government.

    Specifically, the regulation relates to Waqf, which is a type of Islamic endowment made to a charitable organization.

    Law Number 8 of 2018

    The new law will consist of 61 Articles and will provide all organizations, both in the public and private sectors, with a set of rulings and guidelines to ensure they remain within the Islamic boundaries when performing any endowment related acts.

    Within the law is specified that there shall be no charges or taxes on any endowments or any of its associated costs. Further to this, the law stipulates the different types of donations possible and all related aspects to these. Some of these are as follows:

  • Terms and conditions;
  • The benefactor's rights;
  • Requirements placed upon those responsible for the endowment;
  • Expiration dates.
  • These are some of the critical areas covered under the law. Changes will be required among some of the local authorities, and upon the date of the enactment, this law shall govern Waqf endowments. It will come into effect from the time of its publishing in the official gazette and will apply throughout all of the Emirate of Sharjah.

    ]]>
    Mon, 10 Dec 2018 05:19:00 GMT
    <![CDATA[Sharjah Chamber of Commerce and Industry Restructuring]]> Sharjah Chamber of Commerce and Industry Restructuring

    Introduction

    The Chamber of Commerce and Industry in Sharjah (SCCI) is a government-owned entity that was initially established in 1970 by the Sharjah ruler. Each Emirate has its Chamber, and they are responsible for managing and ensuring the effectiveness of the local economy and managing the business entities within. It has become a vital aspect of the structure of the Emirate, and all businesses will have to obtain their membership and keep them up to date concerning the activities they are partaking in.

    The organization is quite large with smaller entities functioning under its umbrella, and another critical role that it plays is that of general policy supervision and execution.

    Recently, there have been a few new updates concerning the SCCI which have involved restructuring, and the following covers the key new points.

    Law Number 9 of 2018

    This law concerning the SCCI received recent implementation in Sharjah. Firstly, the law states some facts concerning the SCCI, such as the fact that it is a non-profit organization responsible for the development of the private sector businesses. A bi-monthly council meeting will take place and discuss critical issues.

    There is also to be a Director-General appointed with the assistance of the board of directors and appropriate individuals responsible for the appointing. Their responsibility shall be to achieve the objectives of the office and legally represent the SCCI.

    Further to this, an annual budget shall be allotted to the SCCI from the government, and this shall commence the financial year form the start of January to December 31 of the same year.

    Any prior acts which state contrary information are to be repealed, and the regulation shall enter into force from the date of its publication in the National Gazette.

    ]]>
    Sun, 09 Dec 2018 06:09:00 GMT
    <![CDATA[New UAE banking law]]> UAE impose new laws to improve banking sectors

    UAE regulators have imposed laws to boost the Banking and Finance Sectors. Aftermath the Global financial crisis in 2008, the regulators are more careful of writing laws for the banking sectors. Every corners and section are carefully designed in order to improve the efficiency in the financial sector. The transaction methods, use of finance and economy is rapidly changing with demanding the regulators to impose rules for the developing areas of the Banking and Finance. The changes from the law regulations intended to bring more clarifications on banking and financial sectors as well as growth in the economy. The new law came to existence a few weeks ago with changes including in following areas:

  • Public debt law.
  • Anti-Money Laundering Law.
  • Central Bank Law.
  • Netting law and more.
  • One of the highlighting parts of the amendment is the updated regulations on Anti-money laundering. The UAE has become the financial hub in the Middle East. With the emerging market and improvement in the financial sector, there are downsides which include the use of illegally obtained money for the purpose of business and other activities. Regulators in the UAE are more active in watching and monitoring the activities related to money laundering. The new amended laws intent and strengthen the position of Counter Financing of Terrorist operations and suspicious organizations.

    The UAE economy also aims to move towards an economy away from the oil income. The Middle East countries are rich and well known for the income from the Oil and Gas industries. Many companies are established their foundation with related to oil and gas industries. However, the economy is improving in the non-oil sectors as well. The regulators have proven their support for the raising other sectors with the recent development in the Law. Improving the small sectors will help the financial market in general for the coming decades.

    The recent introduction of Federal Law No. 10 of 2018 is a good example of improvement in netting. The new law on netting expected to lead to a reduction in credit and settlement risk while improving the regulatory procedures for the same. Also, the law provides the option to buy government bonds for the UAE banks. With the rapid improvement in the Banking and Finance Sector, the UAE legislators have intent to see an improvement in the economy in coming years.

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    Sat, 08 Dec 2018 03:17:00 GMT
    <![CDATA[Advise Act of Singapore]]> Amended Legal Aid and Advise Act of Singapore

    Singapore Parliament passed a bill recently amending legal aid and advise Act to provide a simple financial determination for providing legal so it is easier for the citizens who receive the Aid. Equality before the law is considered as one of the pillars in the modern democratic society. Every citizen must have a right to counsel so that they can represent their case in front of a judge.

    The Legal aid provisions are generally implemented to assist the people who otherwise unable to afford legal representation and access to the courts. The right to fair trial is a fundamental right of every citizen. However, some people cannot afford the legal fees and therefore this provisions established to legal aid. In Singapore, anyone submitting an application for legal aid had to pass a threshold based on their disposable income and disposable capital. Also, a disclosure of savings of that individual, a value of the assets, and other expenses. So the previous procedure was screening the person entirely including the income and assets.  

    The amendment intended to ease the process and provide for greater flexibility to the Legal ministry and their team to make discretion for aid. Each and every application made for this purpose is different and therefore must be treated separately. Providing a discretionary power to the panel make the procedure simpler to make the decision based on the facts in front of them.  The change will make an applicant procedure expedited with fewer documents required. The number of applicants for the legal aid increase every year in Singapore. The awareness among the citizens about the subject matter is very high and therefore it is noted that the procedural steps taken by the ministry are highly effective. Following that, the intended amendment will aim to provide the applicant with a greater relieve about their application made for the legal aid and their trust in this system will increase. 

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    Thu, 06 Dec 2018 01:37:00 GMT
    <![CDATA[Prospective Amendments to Singapore’s Penal Code]]> Prospective Amendments to Singapore's Penal Code

    In July 2016, Singapore established a Penal Code review committee intended to perform a comprehensive assessment of the legal provisions currently protecting marginalized communities and members of the adolescent demographic. As of September 2018, the Committee has requested heightened legislative care for topics encircling sexual and violent crimes outlined under the Penal Code. Specifically, authorities have demanded the immunization of rape under marriage and criminalization of attempted suicide be repealed. Additionally, the anticipated Penal Code revisions will include increased repercussions for sexual predators preying on minors, offences executed against mentally or physically debilitated individuals, and create explicit punishment for acts of voyeurism and consuming pornographic material. The Penal Code review committee has currently tendered 169 recommendations, a significant proposed alteration since its last review in 2007. Although the previous substantial modifications to the Penal Code commenced just over a decade ago, Singapore's Minister for Home Affairs and Law denoted that novel changes are necessary to ensure the 150 - year old Code remains up-to-date with societal interests and development. Although Singapore's proposed amendments are still subject to public feedback, the Ministry for Home Affairs and Minister for Law has released an extensive report on the proposed changes. This article is directed at evaluating these alterations.

    Published on August 2018, the Penal Code Review Report was issued with the objective of performing a thorough evaluation of Singapore's Penal Code and fashioning suggestions to resolve insufficiencies hindering public welfare and criminal liability stemming from moral culpability. According to the Report, the Committee is tasked with reforming the Penal Code so that outdated offences are omitted, offences entailing greater specificity are included, crimes already punishable by other legislative regulations are eliminated, and to ensure that the punishment-offence proportionality remains appropriate. The 2018 Report consists of seven chapters, comprising efforts to match advancements in technology and crime trends, to augment the protection of vulnerable persons, modernize the 150-year-old Penal Code, unify preceding Penal Code provisions, and revise incarceration sentencing standards.

    Recommended Changes to Modernizing Technology

    The Committee has suggested two predominant amendments to the Penal Code in relevance to crimes committed within a virtual platform. These recommendations consist of altering sections 22 and 378 of the Penal Code. The Committee has advised creating an extensive "definition of property which will cover intangible and incorporeal property" (s 3.1). Additionally, section 378 is called to be revised "to account for the possibility of theft of incorporeal property" (s 3.1). Under the current Penal Code, the term "property" is broadly defined, to include both immovable and movable assets. While the Penal Code's description of movable property can extend to include virtual assets, the Committee has foreseen necessity to amend the definition to specifically highlight protection over intangible goods such as virtual currency or air miles. When initially enacted, due to the technological restrictions of the era, the Penal Code could not consider misappropriation of incorporeal property. The committee notes that "the narrow historical conception of theft and dishonest misappropriation fails to protect the intangible property which is now part of ordinary life" (s 3.1.6). The Committee has proposed the new Penal Code which redefines "property" to incorporate both movable and immovable, including incorporeal property.

    The Committee has also requested an amendment to be made to section 30 of the Penal Code. This revision will broaden the legal parameters of "valuable security" to comprise electronic archives. Without revision, the technological extent of the word "document" under section 29 of the Penal Code only covers devices containing data (such as a disc), not an electronic form (such as a PDF). Section 3.4 of the Review advises applying new offences associated with computer programs. The Committee adamantly expresses the necessity of developing "a suitable framework to address the issue of criminal liability for harm caused by computer programs." While the original Penal Code acknowledged the need to reprimand acts of omittances which caused injury through machinery use (s 287), the respective section does not target the eminent dangers computer programs pose to humans. The Committee emphasized an amendment to the Penal Code is needed which criminalizes the deceptive and psychological distress autonomous computer programming can cause. The Report suggests if "mismanaged, computer programs have the same or even greater potential for harm than machinery" (section 3.4.8). Although up to now no legislation worldwide has been passed to criminalize artificial intelligence systems, the Report indicates the Singaporean government must commit to research and pave the way to address such political concerns. Under the revised Penal Code, it is likely a duty of care will be established to mitigate harms which may arise from computer programming.

    Recommended Changes to Addressing Developing Crime Trends

    The Committee also aims to expand the offences constituting a criminal act of fraudulence. Under the new proposed recommendation, any individual who "fraudulently or dishonestly, (a) makes a representation, (b) fails to disclose information which he is under a legal duty to disclose, or (c) abuses, whether by act or omission, a position he occupies in which he is expected to safeguard, or not to act against, the financial interests of another person" (s 7.6) can be held legally culpable for an act of fraud. This suggestion is intended to parallel the UK Fraud Act 2006. The new fraud provisions will include identical sentencing practices as those currently stipulated for cheating (ss 415-420 of the Penal Code).  Two categories will exist for the new fraud offence. In the event an act of fraudulence causes injury, the offender will be subject to arrest. If fraud does not result in loss or damage, no arrest will occur.

    Also relating to fraudulence, the Committee has recommended adding a provision under the Penal Code which criminalizes the obtainment of services fraudulently and deceptively. This offence will entail penalizing acts where services are obtained without full or partial payment. The Committee has suggested that the crime of obtaining services fraudulently will be punishable with a fine and or maximum sentencing of 10 years.

    Section 12 of the Report discusses the need for creating detailed offences for "the observation of a person in circumstances where the person could reasonably expect privacy…[and the] making, distribution, possession and accessing voyeuristic recordings." The current Penal Code does not provide specific provisions criminalizing the act of observing or recording individuals undressing or performing acts of intimacy. With this said, the Penal Code includes provisions such as "Insulting the modesty of a woman" and "Possession of obscene films" which have historically been used to punish voyeurism.  It has been argued that while voyeurism can be chargeable under various Penal Code sections, the existing provisions are ill-suited for handling issues arising from technological advancements. For example, the current law is unable to address content such as "up skirting" videos. The Penal Code recommendation branches beyond criminalizing the physical act of recording or photographing intimate situations, to deem it an offence to observe an individual in a situation where they could expect privacy. The Committee has outlined circumstances where someone could reasonably demand privacy, to include: if an individual is exposed, interacting in sexual activities, or undressing. The new proposed voyeurism rule will punish intentional acts of observation or recording without the other party's consent. Additionally, an offence will be created for the distribution and possession of voyeuristic material. Sentencing will vary via voyeuristic offence, but offenders can be sentenced to a maximum of five years imprisonment.  

    Recommended Changes to Enhance Victim Protection

    One of the most critical alterations to Singapore's Penal Code involves repealing ss 375(4) and 376A (5) which establish immunity for marital rape. Efforts in 2007 were taken to withdraw marital immunity, but instead, attunement was assumed. As a result, a balance was met which dually preserved "the conjugal rights and expression of intimacy in marriage…[while] protecting women who had signaled a withdrawal of their implicit consent to conjugal relations" (s 15.7 of the Report). The Committee has asserted despite attempting to achieve an equilibrium, women's rights and protections against sexual abuse are still not protected adequately. As a result, the repeal of marital immunity for rape will be repealed in entirety. This outlawing will align Singapore with the UN General Assembly's pronouncement that marital rape is a heinous violation of human rights.  

    Section 17 of the Report specifies an enhancement of the maximum penalties "for offences committed against children, vulnerable persons, and domestic maids, by up to two times the maximum punishment the offender would otherwise have been liable to." (141) While courts in Singapore typically consider the vulnerability of a victim when issuing their verdicts, current sentencing ranges debatably do not include sufficient maximum penalties for offenders. Therefore, the Committee has advised altering penalties for offences "deliberately target[ing] vulnerable persons, on account of their vulnerabilities" (s 17.2). One amendment suggestion has encompassed expanding the spectrum of offences under the Penal Code which relate to child vulnerability (such as crimes causing physical injury). The Committee has declared children under the age of 14 must be provided greater protection as "such young children are generally physically smaller, more naïve and easily exploited" (s 17.7).

    Penal Code s 84 currently outlines the defense of unsoundness of the mind. If an individual qualifies as being mentally unsound, their charges may be acquitted, and the individual sent to a psychiatric institution.  The Committee has acknowledged the value of retaining the provision relating to unsoundness of the mind but has requested the term be modernized. The recommended revision includes incorporating volitional disorders into the defense. The amendment is proposed as the Committee is "of the view that there is no good reason why the criminal law should not account for the fundamental principle that a person is not to be held criminally responsible for involuntary conduct" (s 24.11).

    In total, the Penal Code Review Committee's Report provides 169 amendment recommendations. Through updating and removing outdated offences, modernizing general principles and substantive crimes, and ensuring proportionality between an offence and its respective punishment, Singapore's Penal Code will be better equipped to protect those most vulnerable and provide greater deterrence for potential offenders.  

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    Wed, 05 Dec 2018 12:00:00 GMT
    <![CDATA[UAE Legislation on New Technologies]]> UAE Legislation on New Technologies

    Introduction

    The UAE is known for its highly technologically driven environment. The country has risen from the desert in mere decades at a time when technology has also seen a meteoric rise. In a way, these rises have occurred in tandem. Technology is continuously having a more significant impact on the world around us, with new inventions arising seemingly on a daily basis. It is almost impossible to keep a track on all the new gadgets and devices. However, there are also certain concepts and areas of technology generally agreed upon as being the forefront. These are areas which will change the world in huge ways, and they are becoming more of a big deal. Some examples of these concepts include AI, Blockchain and Augmented Reality.

    As a nation, to be at the very leading edge when it comes to these concepts is a highly attractive prospect, and should be leaped upon eagerly. The UAE has recently introduced a piece of legislation which looks to cover just this.

    What the New Law Entails

    Part of the new law has authorized the UAE Cabinet to provide licenses on a temporary basis for entities performing research and testing in these innovations and future technologies. The purpose of this is to bring forward the individuals and groups that are pioneering in these fields and provide them with secure optimal testing facilities.

    From here, the other purpose of the law is to allow more natural production of legislation for these future technologies. Being able to produce these legislations as early as possible will yield the result of allowing the government to maintain control over all areas of technology and maintain a healthy economy.

    To attain these goals, January will see the introduction of RegLab which will be a laboratory that looks into these up and coming technological and develops rules based on what they find. The hope is that this will, in quick time, lead to a transparent, efficient and effective legislative environment.

    Conclusion

    RegLab aims to bring the public and private sectors together in the UAE, and through a combined effort, bring the country to the very front of the global race to integrate tech and become a nation of the future. Technology is arising whether a government supports it or not, though strong support will help the country grow more economically and become more self-sufficient than ever. The UAE is one of those nations that openly accepts the changes of the world and are continuously taking positive strides.

     

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    Tue, 04 Dec 2018 04:15:00 GMT
    <![CDATA[Expat women cannot own property in Kuwait]]> Expat women cannot own property in Kuwait.

    One of the reasons for the development of the Middle East economy includes the participation of the expats in the region. The GCC countries welcome the expats and provide them with the facility to work, live, and enjoy the public benefits. However, the countries have its own rules and policies implemented in relation to some rights these expats can have. In that way, the owning of the real estate in Kuwait is only for Kuwait nationals. The expats who work or reside in Kuwait has no right to own a property in the country. The law explicitly prohibits the non-Kuwaiti from owning a real estate property.

    The interesting case came to an end recently where the rule of whether the women can own a real estate property in Kuwait was established. The facts include a woman claiming for the ownership in a house as she is entitled under article 262 of the civil law to recover the expenses she has made to help another person become rich. She eventually helped one of her family member who was a Kuwaiti national with the development of the house.

    Later, she claimed ownership in this house she has half ownership due to the lending money for her family member. There are many claims raised in front of the courts using the above-mentioned article for commercial reasons. The court had to consider both the facts and laws on the matter. The facts include the evidence that the family member had taken a loan. The courts considered the constitutional rules of prohibiting non-Kuwaiti nationals from owning the properties.

    However, there are numerous occasions reported where Kuwait has considered providing the facility of owning properties for the expats under strict conditions. Recently, there was a proposal handover by the cabinet's economic affairs including a proposal for the same. The development can impact the real estate market and eventually support the national economy source. Nevertheless, owning a property will not provide the expat with the right to become a citizen in the country. However, these suggestions are still at the proposal level and there are developments to be expected.

     

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    Thu, 29 Nov 2018 12:00:00 GMT
    <![CDATA[New Bahrain Bankruptcy Law]]> New Bahrain Bankruptcy Law

     

    Introduction

    Bankruptcy is never a good thing when it comes to business. It is a time of hardship and can test the patience and steadfastness of many businesspeople. However, with the assistance of business-friendly laws and procedures designed to aid, the steps to recovery or any other path that chosen may be far more bearable than they would otherwise usually be.

    Bahrain is the smallest of the GCC nations when looking at its economy and GDP. However, it does still offer an excellent business environment along with world-class infrastructure and has, therefore, become a popular business destination.

    To differentiate and make itself an attractive prospect to foreigners, Bahrain has been working on ensuring its regulatory and legislative structures are as friendly to foreign investors as possible. Most recently, it has introduced a new Bankruptcy law, and the hope is that it will assist with the growth of the country's international image and grow the foreign business market.

    New Bankruptcy Law

    Bahrain has introduced its new Bankruptcy Law to draw in more significant numbers of foreign investors. With a more considerable amount of security offered to these foreign companies, there will likely be a more substantial number of potentials who will then choose the country to set up and invest therein.

    The UAE and Saudi Arabia have also implemented Bankruptcy laws into their systems. The system introduced into Bahrain follows the US Chapter 11 Insolvency Legislation.

    Under this legislation, upon becoming bankrupt, a company will be given the opportunity to reorganize. The management will have to consider their options, and this provides them with the time they need to make any tough decisions they may come face to face with, and attempt to fix the issue if possible. The hope has been that this push will instill a sense of confidence in the nation, and would show that they are business friendly and continuously looking to improve.

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    Wed, 28 Nov 2018 06:09:00 GMT
    <![CDATA[Personal Medicine Import into UAE Approval]]> Personal Medicine Import into UAE Approval

    Introduction

    Medication and drugs are a crucial innovation of the last few centuries and are among the most impactful and essential areas of research and development in human history. All of the hard work and study can be seen every day, most commonly in the small tablets almost every person owns. There are numerous types of legal drugs around the world, and they aid in all areas ranging from heartburn to headaches.

    However, drugs have a variety of uses, and not all forms of drugs are legal. Instead, there are large numbers that can be harmful and are strictly prohibited.

    While these are two ends of a spectrum, there are also drugs which are legal in certain countries, and yet prohibited in others. This distinction has arisen in the UAE. People often travel with certain personal medications, the most common of which sometimes do not even require prescriptions.

    Thus to deal the matter of medicines being brought into the country by tourists and expats, the UAE has recently introduced a new online system for individuals traveling into the country to obtain approval to carry in with them their medication.

    Import of Personal Medication Service

    To be allowed entry into the UAE with one's medicine, getting approval is first necessary. The process has been made available online, as most thing nowadays are found there. There is a form found online on the Ministry of Health's website, and following the submission of this, one shall obtain either approval or rejection from the Ministry of Health.

    The process of completing the form is relatively straightforward, though there will be specific documents which will also require submission. The approval process usually will take no more than one day.

    The process is primarily only required for prescription medication, as numerous forms of medicine may be obtained over the shelf and have no accompanying paperwork. For prescription drugs, the prescription needs submitting alongside the form document, as well as passport details of the individual traveling and a confirmation of the duration of the stay. Medication considered as supervised in the UAE will be allowed a month-long entry into the country for the individual, while any other prescription medication will receive a three-month allowance.

    Any medication not approved of before entry into the country or drugs that do not qualify all of the above criteria will require seizing from the individual at their gate of entry.

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    Tue, 27 Nov 2018 06:15:00 GMT
    <![CDATA[A mandatory requirement for an English translation under Abu Dhabi Courts]]> A mandatory requirement for an English translation under Abu Dhabi Courts

    The court's procedure under the UAE is well known for its language requirements. Generally, the rules are to submit all the documents related to the respective courts in the Arabic language. Arabic language is considered as the first language in the country and given primary place in a court procure. In a case of a document in another language, the courts will require the parties to translate it Arabic using a licensed or authorized translation before submitting for the procedures. In past, once the documents are submitted to the courts, the other party can translate it to their preferred language for their own understanding.

    According to the new policy under the courts, the plaintiff in a civil and commercial case must translate the documents for the understanding of non-Arabic reading defendants. The court has considered the difficulty of the parties to the court's procedure. The translations in a court case can be crucial as the law sometimes relies on a single sentence in a commercial contract. The nature of these cases are commercial and the courts change in policy is welcomed among the lawyers and business communities. It is always a fundamental right of a party in a court case to request for a translator or translation when they don't understand a certain language. 

    There are multiple courts established in the United Arab Emirates. Each and every court appoint experts to understand the nature of matters in front of them and how to solve procedural problems for a quick and efficient service. ADJD is a leading court system in the country in improving the procedural system to provide a better experience to the parties. One great example is the ADJD launch interpretation center to provide translation services through video communications. This service was carefully designed and with the highest international standard. The understanding of the judicial department in requiring parties to translate documents in the English language is another step in the planning to flexibility in the policy.

    The corporate world welcomes this policy change as most of the contract and commercial agreements in the UAE generally written in the English language. The parties prefer the English language in their meetings if the management is non-Arabic speakers. Also, the certain documents and legal agreements in the UAE are allowed to write in English languages and courts will accept in a dispute with a proper translation. Therefore, with the requirement of the plaintiff to provide a translation to the other parties the clarity on the tribunal will very high for these so-called non-Arabic speaking parties as they are not required to make any further translations. However, the court has not extended this policy to labor or criminal matters considering various reasons.  

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    Mon, 26 Nov 2018 03:32:00 GMT
    <![CDATA[non muslim citizenship in Kuwait]]> Kuwait may grant citizenship to non-Muslims

    Kuwaiti citizenship could be granted to non-Muslims if two proposals which are approved by the parliamentary legal and legislative committee gets further support by the parliament and the government. 

    As per the current law in force, under Item 5 of Article 4, to attain citizenship, there should be approval from the Ministry of Interior for a person who is a Muslim by birth, or a person who has converted to Islam under the prescribed rules and procedures. In case of conversation, there should be at least five years before naturalization is granted. Other requirements need to be fulfilled, such as:-

  • The person should be residing in Kuwait for not less than 20 years consecutively, or at least a span of 15 years in consecutiveness if he is an Arab living in an Arab country.
  • The person should have a lawful source of income, he should be a person of good character and should not have been convicted for any crime.
  • The person should know the Arabic language and should have the required qualifications to render service in Kuwait.
  • It was for the longest time opposed by the parliamentary committee to drop the requirement of religion as a, but it was this time that they endorsed the same after their three members resigned.

    It is now for the first time that a committee of Kuwait's National Assembly approved the proposal of allowing Non-Muslims to obtain citizenship. As per the current law with regarding citizenship in Kuwait, only  Muslims can become citizens of Kuwait.

    For this amendment to become the law, there needs to be approval from the National Assembly Parliament and also from the government. However, with the number of conservative members of parliament, meant it was quite unlikely to be approved.

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    Sun, 25 Nov 2018 10:38:00 GMT
    <![CDATA[Impact of VAT in Bahrain on GCC Countries]]> Impact of VAT in Bahrain on GCC Countries

     

    Introduction of value-added tax or VAT impacts a country's economy and industries. Additionally, the effects of VAT  also extends to the import and export of goods and services. In consideration of this, UAE has local or import/export business ties with Bahrain.

    Introduction of the VAT, makes most businesses realize that their entire business economy including their vendors, suppliers, and customers whether located in or outside the country forms a part of their business. The primary reason for this is that in the VAT, companies cannot take decisions single-handedly and have to be taken bilaterally as a buyer can dispute the applicability of VAT.  It can be, therefore, said that VAT intensifies the dependency between the supply chain, especially in cases of outbound supply of goods.

    In these transactions there are two elements to be vetted, that is whether the supply qualifies as an export from UAE and whether the transaction qualifies as an import in Bahrain. Therefore, it is wise for business entities in UAE to have business interests in Bahrain, so as to initiate early dialogue on the possible impact, identify potential issues and documentation requirements to avoid discrepancies with customers in relation to the VAT.

    With regard to the import of goods, VAT is payable at the time of import of products, unless the facility of deferment has been provided.  With the introduction of the VAT, imports in Bahrain could attract VAT, which makes it important to determine the applicability of VAT on goods being imported in Bahrain. It is also necessary for determining the procedural aspects like the declaration of the VAT registration number linking of VAT number with customs.

    If an entity in Bahrain charges a business in UAE for provided advertisement services, the question will arise as to whether Bahrain VAT will be applied or not.

    Additionally, there could be difficulties in identifying the location of a supplier of service. For instance, a consultancy firm has offices in UAE and Bahrain, enters into an agreement to provide services to a Client in Bahrain. However, the complication arises as to the fact that the Bahrain office of the consultancy only provides service support. Here the question arises as to whether the supplier is the company located in UAE or Bahrain, which is necessary to determine the liability to pay VAT.

    It is also important to note that even with a GCC VAT agreement, most of the GCC countries are customizing the VAT law to the requirement of their respective economies. This further raises additional complications for entities having a multi-state presence.

    With all the above factors considered, businesses having a presence across the GCC will have to determine how the introduction of VAT will affect the dynamics of their market.

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    Sat, 24 Nov 2018 02:23:00 GMT
    <![CDATA[New Kuwaiti Amnesty Rules]]> New Kuwaiti Amnesty Rules

    On 5 November 2018, the Chairman of the Amiri Rules and Regulations Committee Counselor Mohammad Fuhaid Al-Zuabi presented the guidelines on the adoption of Amiri amnesty for this year to the Lt-Gen Sheikh Khaled Al-Jarrah, the Deputy Prime Minister and Minister of Interior. 

    The Minister confirmed that the Amiri Grant translates the humanitarian dimension of the wise leadership in Kuwait, which prioritizes humanitarian consideration and encourages rehabilitation programs in correctional institutions. These said rules have been completed and are awaiting the approval of the Minister of Justice. Once this approval is obtained, the files of the prisoners will be examined and matched with the rules of the amnesty.

    One of the most important rules of the new amnesty is the deportation of all expatriates who are serving judicial sentences, regardless of the period of their residencies or whether their family members reside within the country. Previously a plea letter was allowed to be offered for the release of the expatriate inmates who are residents of Kuwait for a period exceeding twenty years or whose families reside within the country. The new rules require the expatriates undergoing judicial sentences to be deported to their countries.

    Expatriate husbands of Kuwaiti women, Bedouin residents, expatriate sons of Kuwaiti mothers, and expatriate wives of Kuwaiti men are excluded from this decision of administrative deportation. Additionally, inmates involved in State Security cases especially surrounding terrorism, offending Amiri entity, and human trafficking does not fall under the purview of the amnesty rules.

    Those involved in criminal cases, for instance, intentional murder, will be considered on the basis of a waiver provided by the respective victims' families. If such a waiver is provided, then the rules of the amnesty will be applied based on certain requirements. It is expected that these new rules will benefit approximately 1,000 prisoners.

    The most important rule of the new amnesty is the compulsory deportation of all expatriates serving judicial sentences, regardless of the period of their residencies or that their family members are residing within the Country. In the earlier rule, a plea letter was allowed to be offered for the release of expatriate inmates who had been residents of Kuwait for a period of more than 20 years or whose families reside in the Country.

     

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    Tue, 20 Nov 2018 12:00:00 GMT
    <![CDATA[Ultimate Beneficial Ownership Regulation in the DIFC]]> Ultimate Beneficial Ownership Regulation in the DIFC

    Introduction

    The DIFC has recently introduced their regulations concerning The Ultimate Beneficial Owners (UBO) of companies. A beneficial owner is an individual within a company who, as defined within the new DIFC regulation, directly or indirectly holds or controls:

  • Shares or other Ownership Interests in the Relevant Person over the Relevant Percentage;
  • Voting rights in the Relevant Person more than the Relevant Percentage; or
  • The right to appoint or remove a large number of Directors of the Relevant Person.
  • Concerning a partnership, the UBO is one who can exercise significant control overall.

    Finally, in the case of a Non-profit organization or foundation, the UBO is an individual who has legal control over the activities of the Governing Body of the entity or the operations performed by it.

    Contents of the Law

    The general premise of the Ultimate Beneficial Ownership Regulation (Consultation Paper Number 7 of 2018) is to make clear that the UBO of an entity is to be identified. They should be a formalized requirement within the previously mentioned legal forms of business. On top of this, the regulation also clarifies that the DIFC is responsible for ensuring they are aware of the UBOs and should maintain up to date information on them.

    There are certain exemptions here though, which Article 2 covers. Article 3 defines who is to be considered a UBO as per this law, which this update has previously already mentioned. It goes into further depths and looks at other circumstances such as 3.1.2 which concerns cases of two or more UBO parties.

    There is also a registrar that holds all of the information collected on the UBOs within the DIFC, and it is up to the relevant person to obtain this information and relay it to the registrar, as stated in Article 3.2.2.

    Article 4.1.4 mentions the specific data that requires collecting on the UBOs; this includes their names, addresses, nationality, and date of birth and more. Article 4.2 states that if a new UBO is to arise or replace the prior one, an application to the court must be made. On top of this, if any issues arise with concerns to the current UBO, an application should also be made to the court to resolve the matter.

    Article 5 related to a company's Nominee Director. This person within a company should also be registered, and the information that requires collecting is the same as the UBO and Article 5.2.1 confirms this.

    The duties of the registrar are clarified under Article 7 and include collecting and analyzing the data, though this should only be to regulate in areas such as money laundering and terrorist financing, criminal organizations and sanctions compliance in the DIFC, and to comply with any other applicable laws in the DIFC.

    Finally, Article 8 mentions that any individuals tasked with obtaining the information on either the UBO or the Nominee Director, who fails to follow these regulations, will be struck off the registrar.

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    Sat, 17 Nov 2018 12:00:00 GMT
    <![CDATA[Amendments to the Oman Protection of Competition Regulation]]> Amendments to the Oman Protection of Competition Regulation

    Introduction

    Competition is often seen as being a requirement for a healthy economy. It allows for consumer choice and competitive pricing, which in turn leads businesses to innovate and seek out ways to attract customers.

    Monopolies arise when one business controls a considerable amount of the total market share in the industry in which they operate, and this leads to a lowering in the levels of competitiveness within that industry which can allow for these entities to develop unfriendly practices towards their consumers.

    Governments around the world look to implement laws which promote competition and prevent the rising of monopolies. Oman established their Law on Protection of Competition and Prevention of Monopoly (Royal Decree Number 67 of 2014), and they have recently produced a few amendments.

    Royal Decree Number 22 of 2018

    This Royal Decree Amends certain aspects of the Competition law, and while the alterations are few, they should be noted.

    Firstly, Article 1 states that all uses of the word, 'Authority', within the original legislation, should be replaced throughout by the word 'Centre'. On top of this, the definition for Authority is to be replaced by the following:

    "The Centre: Centre for Protection of Competition and Prevention of Monopoly"

    Following this, Article 2 verifies that all that contradicts or contravenes this law or the amendments is void.

    Finally, Article 3 concerns the date from when this provision will commence. It shall be published in the countries official Gazette and will come into force the day after its publication.

     

     

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    Wed, 14 Nov 2018 12:00:00 GMT
    <![CDATA[UAE Federal Law to boost FDI]]> UAE Federal Law to boost FDI

    The UAE President His Highness Shaikh Khalifa Bin Zayed Al Nahyan has issued Decree No. (19) of 2018 on Foreign Direct Investment (FDI) which aims to improve the country's investment environment and attract direct investment in line with national development policies.

    The New FDI Law:

    Per Article II, the decree enhances UAE's position as a major destination for FDI at the local and international levels. It also seeks to expand and diversify the production base, transfer and attract advanced technology, knowledge and training. The significant change introduced by the new FDI Law is to increase the flow to 100% foreign direct investment in priority sectors to achieve balanced and sustainable development, providing job opportunities in various fields, making the best returns of available resources and high added value to the country's economy.

    Foreign Direct Investment Unit:

    Foreign Direct Investment Unit will be established in the Ministry of Economy, which is responsible for :

  • Proposing foreign direct investment policies and setting up associated plans and programmes on their implementation following their approval by the UAE Cabinet.
  • Establishing a comprehensive database for UAE investments, including data on existing FDI projects, and will review and update information on a periodical basis. (Article 5)
  • Facilitate registration and licensing foreign direct investment projects, as well as monitor and evaluate their performance in the country.
  • Licensing of Foreign Investment Companies:

    As per Article 10, the Licensing Authority and other relevant authority will set up and establish requirements, conditions, and procedures for the establishment and licensing of FDI Projects. A Licensed Foreign Investment company shall be treated as a national company and shall have the privileges and limits as provided by the legislation of UAE. The new FDI law shall not affect the existing FDI projects or existing foreign investors and shall continue to enjoy the benefits and privileges as per erstwhile legislation, agreements and contracts.

     

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    Sun, 11 Nov 2018 12:00:00 GMT
    <![CDATA[UAE Federal Law raising the capital of Central Bank to AED 20 Billion]]> UAE Federal Law raising the capital of Central Bank to AED 20 Billion

    The UAE President Shaikh Khalifa bin Zayed Al Nahyan issued Federal Law No. (14) of 2018 concerning the Central Bank of UAE and Organization of Financial Institutions and Activities which aims to raise the capital of the Central Bank (the Bank) to AED 20 Billion.

    Major Objectives and Roles:

    In addition to this, the new law maps out the following:

  • Modified role of the Bank in protecting the financial stability, reserve management and conduct of the monetary policy.
  • Superior objectives for stable financial system and management of foreign reserves of UAE.
  • Improve and maintain the stability of UAE currency.
  • Scope and Application of the law:

    Article 151 of the law states that this new law shall be applicable to the Central Bank, financial institutions, financial activities, and Persons subject to it. It does not apply to the Financial Free Zones and the financial institutions regulated by the authorities of these zones.

    Supervisory powers:

    The new law further aims to provide a stringent framework granting additional supervisory powers with transparent disclosure and compliance procedures for governance of the Central Bank operations. The Central Bank now has additional powers to impose wider administrative as well as financial sanctions to reinforce a strengthened UAE financial system.

    Grievance and Appeals Committee:

    Under Article 136 of the new law, an independent committee is to be established, chaired by Court of Appeal Judge, having exclusive jurisdiction to decide on grievances and appeals against any decisions taken by the Bank relating to licensing, authorization of individuals and licensing and designation of financial infrastructure systems. 

    Customer protection and confidentiality:

    Apart from licensing requirements for financial institutions to conduct financial activities in UAE, Article 120 of the new law provides for stricter regulations for the protection of customer's data and sets comprehensive rules governing the confidentiality, protection and appropriate use customer banking and credit information, and to facilitate greater financial inclusion.

    Penalties and Sanctions:

    Article 137 to 150 of the law sets forth administrative and financial sanctions which may be imposed on the licensed financial institutions for violation and breach of provisions. The major penalties that may be imposed are:

  • For disclosure of confidential information by Central Bank employees or members: imprisonment of maximum 3 months and/or the maximum fine of AED 100,000.
  • Issuing false currency: imprisonment of maximum 20 years and/or fine of maximum AED 100,000,000.
  • Breach of any provision of the law: imprisonment for a period not exceeding 20 years and/or a fine not exceeding AED 100,000,000 AED.
  • Breach of any provision of this law committed by a judicial person will also face the same penalties as stated in this law. 
  • ]]>
    Wed, 07 Nov 2018 12:00:00 GMT
    <![CDATA[UAE enables the federal government to issue Sovereign Bonds (Public Debt Instruments)]]> UAE enables the federal government to issue Sovereign Bonds (Public Debt Instruments)

    UAE The President His Highness Shaikh Khalifa Bin Zayed Al Nahyan issued Federal Decretal Law No. (9) of 2018 regarding Public Debt which will enable the federal government to issue sovereign bonds and help the banking sector meet international liquidity rules as soon as they are issued. The UAE banks can now purchase government bonds in dirhams or foreign currencies, which will help them comply with Basel III requirements. The issuance of sovereign bonds/ government securities will support the UAE banking system and help benchmark the UAE dirham yield curve.

    The Public Debt law (the law):

    The law will enable the federal government of UAE to issue government securities or public debt instruments which can be traded in the UAE financial market. The purpose is to aid the federal government to get additional borrowing to use it for the benefit of the state.  The government will set up a secondary market public debt instruments can be traded.

    A 'Public Debt Management Office' will be set up by the Ministry of Finance for governance and management of the instruments. The responsibilities of the office are:

  • Strategizing and managing public debt and policies in coordination with the Central Bank of the UAE and providing recommendations for issuance of public debt instruments;
  • Monitor financial risks associated with issuing and trading any public debt instruments; and
  • Propose solutions to manage and control these risks;
  • Advice Ministry of Finance regarding risk levels on borrowing or issuing any guarantees for government projects;
  • Set objectives for managing the nation's public debt, as well as issue reports on the management and implementation of public debt. 
  • Coordinate with local governments in each emirate to support and develop a highly efficient primary and secondary financial market by issuing public debt instruments.
  • Secured settlement of Public Debt:

    Article 10 of the law further makes it mandatory for the government to consider the public debt instruments as an absolute and unconditional obligation to settle it from its resources making it a safe investment for the public.   Further, the holder of the instrument will have a privilege right to get his debt settled before any other debt of the Government. The Central Bank can if permitted by the Ministry of Finance, withdraw from the Government's accounts held at the Central Bank for the settlement of any of the Public Debt Instruments.

     

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    Sun, 04 Nov 2018 12:00:00 GMT
    <![CDATA[Anti-Money Laundering Law UAE – Update]]> Anti-Money Laundering Law UAE – Update

    The purpose of the new law is to stop Anti-money laundering and terror financing in the UAE. There are two units established under this law to practically control the money laundering in the UAE. Following are the main two committees created under the new law:

  • Financial Information Unit;
  • National Committee for anti-money laundering matters.
  • The degree aims to develop the local laws to meet the international standards on AML. The highlighting part of the law aims to require a declaration from anyone entering or leaving the country carrying cash or any valuables like precious stones must declare about the valuables to the authorities. The law further counters the financing of terrorist activities and some suspicious organizations. Generally, the financial institutions or their representatives engaged in the activities related to money laundering are liable in the UAE. The prosecutor's office and courts can take powerful legal action against an individual or an entity suspected to be engaging in Anti Money Laundering. The new law intended to strengthen the existing law and include new rules to combat against AML.

    The UAE is one of the main financial hubs in the Middle East. There are many leading banks and financial institutions established in the country to assist companies and individuals with their financial transactions. Usually which amounts to millions and in some cases billions on corporate transactions. One such example is the establishment of Dubai International Financial Centre hosting leading financial companies around the world. However, as the country becomes more popular for financial activities, there are some companies and individuals use this as an opportunity for the Money Laundering. To counter this situation and identify money laundering using the corporate or financial institutions, The Central Bank has given the authorization to form an independent "Financial Information Unit" with the power to understand and investigate the reports of financial institutions. All the institutions are required to comply with the general standards of money laundering law of the country. Worldwide there are reported incidents of major banks or unit of a bank to be involved in the Money Laundering. The Financial information unit can investigate any suspicious financial activities of the non-financial institutions as well.

    With this new law to decelerate the valuables and money when entering and leaving the country, activities of the individual related to money laundering expected to be reduced insubstantial amount. If a person carries money or possesses knowing that it has routed from an illegal activity and try to transfer or engage in any activity with that money, the law and enforcement can take against him. However, tracking down the source of money and financial valuables is a hard job in practice. Therefore, The Central Bank has given the authorization to form an independent "Financial Information Unit" with the power to understand and investigate the reports of financial institutions.

    The regulators formed this committee intending to propose relevant procedures and policies with related to the matter. There is a number of committees formed by the regulators in various legal sectors in order to implement new procedures and policies related to the respective matters. Following this system, the new law has created a committee namely "National Committee to Counter Money Laundering" to set down procedures under this law. There are many new systematical technologies used in the UAE at present for the money laundering. One such example is the use of Bitcoin for money laundering and using cryptocurrency for the same. Therefore, the duty of this committee will be to tackle new methods of money laundering and set up suitable procedures and policies related to the matter.

    With the establishment of both the committees under the Central Bank of the country, it is expected to be seen rapid improvement in the Money laundering law. Similarly, the action of law and enforcement against these activities can be expected of very strict with the principles and procedures laid down from these committees. The international monitory regulators on AML appreciate the new mechanism introduced from the UAE government to tackle money laundering in the country.  

     

     

     

    ]]>
    Thu, 01 Nov 2018 12:00:00 GMT
    <![CDATA[Saudi may consider restructuring regulatory laws to attract FDI]]> Saudi may consider restructuring regulatory laws to attract FDI

    In an event that was hosted at the Saudi Standards, Metrology and Quality Organisation in Riyadh which was in partnership with the Saudi Organisation of Certified Public Accountants and associated with Drooms, the speakers of the said event were of the opinion that the present laws were not up to the mark while in comparison to other developed markets. They were firmly in support of introducing revised statutes and adopting International Finance Reporting Standards to attain a flourishing economy.

    As per Vision 2030, the kingdom aims at attracting foreign investors who could play a significant role in the development and the growth of local companies through their expertise. However, to attain this mark, the businesses in Saudi should make themselves more marketable by displaying an equal level of competency and disclosure. The businesses should have the right team and structure and should not only compete with local but also international markets.

    It was also suggested by the speakers that there should be an amendment in the Saudi Companies Law and a higher ownership percentage for foreign investors should be allowed, having more emphasis on the priority sectors such as healthcare. It was also mutually agreed by all panelist that cost-cutting is significant to improve the businesses in Saudi. It was analyzed that mergers and acquisitions could play a significant role in achieving this.

    ]]>
    Sun, 28 Oct 2018 12:00:00 GMT
    <![CDATA[Cyber Crime Law in United Arab Emirates]]> Cybercrimes have become a global issue with many jurisdictions frantically trying to incorporate new legislation to cover such crimes and create new punishments to ensure that perpetrators are adequately persecuted. The severity of cybercrimes differs immensely from crime to crime; however, the need for adequate regulation does not falter. The United Arab Emirates has recently issued new cybercrime regulations in order to bring the law into conformity with the regulation needed. These new regulations fall under Federal Decree Law Number 2 of 2018 which makes amendments to the Federal Decree Law Number 5 of 2015 on combatting IT crimes.

    The new regulation brings about new provisions that enable the United Arab Emirates to deport any expatriates or foreign persons from the United Arab Emirates should such person be found guilty of any infractions relating to the Cybercrime laws.

    The new regulations ensure the bring about more severe penalties for all persons found guilty of committing cybercrimes and any infractions regarding technology. Such regulations bring about a new penalty for terroristic behavior online, and such behavior can be in the form of establishing and running a website, blog or any other page that incites terrorist groups or organizations. This new penalty will see an increase in the sentence as well as the fine implemented – sentences will be between ten and twenty-five years as opposed to the previous five-year sentence. While the fines have been increased from a fine of AED 2,000,000 to AED 4,000,000.

    Linked to the abovementioned offense, any form of retransmission of any material of such sites has now been included as an offense punishable by law. Infractions of this nature will find punishment of up to five years imprisonment and a fine of up to AED 1,000,000.

    Another new regulation brought about by the Federal Decree Law Number 2 of 2018 is the widening of the regulation against content which may endanger national/public security and content that incites such endangerment to include acts which endanger judicial law enforcement officers.

     

     

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    Thu, 25 Oct 2018 12:00:00 GMT
    <![CDATA[New Regulation on the utilization and importation of auto-spares in the UAE]]> New Regulation on the utilization and importation of auto-spares in the UAE

    Having to change any part in your car is something any car owner dreads, the considerable expense of replacing things such as gearboxes or cambelts does not go down lightly. The massive amounts of money that named garages to charge for replacement is enormous, but it is the sole way to ensure that your new part is not a faulty, counterfeit of the part it should be.  The United Arab Emirates through the Emirates Authority for Standardization and Metrology (ESMA) will begin the implementation of a new vehicle safety system which will create an added hurdle for counterfeit auto parts.

    This system will bring into place a security check-in that no parts that do not display the ESMA quality mark will be able to enter the market within the UAE, the implementation of this security check has been since the start of October 2018. This implementation will be the beginning of the initiative to control the sale and use of auto spares across the UAE. Initially it will solely govern parts entering the UAE; however, it is noted that it will soon govern sales within the UAE. All parts that do not conform to the standards of the ESMA have been given one year to be removed from the market.

    While the initiative is in its beginning phases the authority is confident that it will be in a position to control 50% of the counterfeit products within the first year, however, the plan of the Vehicle Control System is that will it is in full implementation, it will cover all aspects of vehicle safety management. It will have control over manufacturing units, auto garages, testing facilities, and body workshops.

    This initiative is in alignment with a drive towards the improvement of the quality of spare parts used within the UAE and to ensure the safety of consumers as well as the protection of the rights of such consumers from such products which may be defective. 

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    Sun, 21 Oct 2018 13:45:00 GMT
    <![CDATA[Rent defaulter can be evicted without notice – Abu Dhabi]]> Rent defaulter can be evicted without notice – Abu Dhabi

    As per the new resolution issued by Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs and Chairman of the Abu Dhabi Judicial Department, landlords in Abu Dhabi have been granted the liberty to directly approach the enforcement department in cases of unpaid rent or regarding the eviction of a tenant.

    This new addition to the rental regulation of Abu Dhabi grants the authority to those landlords who are facing issues with their tenants to evict their tenants within two days without needing to issue a legal notice. 

    Now the rental contracts which are registered with the Abu Dhabi Municipality hold the status of 'Executory Instruments' which will enable the rental dispute committee to grant permission to landlords to directly refer to enforcement agents and take the relevant action. 

    This new decision will only apply to those properties with lease contracts which are registered with the Department of Municipality in Abu Dhabi, whereas the rental committee will have to decide on the dispute within two days or a maximum of 3 weeks. The motive of passing this resolution was to fasten the process of decision-making regarding conflicts that arise between landlords and tenants, especially when the matters are not complicated and are straightforward.

    A one of a kind decision has its main motive in creating an attractive environment for real estate in Abu Dhabi, and also enhancing the confidence of real estate owners and tenants through a fair and efficient litigation mechanism which shall be economical as well as will ensure a faster process of resolving disputes. 

    This new decision will apply to all rental disputes whereas while filing a complaint a copy of the lease contract should be attached. This decision is targeting the encouragement parties to abide by the process of registration and also decrease the partitioning of houses in illegal manners.

    ]]>
    Wed, 17 Oct 2018 12:00:00 GMT
    <![CDATA[Saudi Arabia Statute of Limitation Update]]> Saudi Arabia Statute of Limitation Update

     

    Introduction

    A statute of limitation is a concept which places a time limitation in which a case is capable of being brought forward. It is found around the world and is utilized in many situations both criminal and civil. There are circumstances such as in cases of murder and other similarly heinous acts, where there are no statutes of limitation typically allowed, and the reason for this is due to the grave nature of the crimes. 

    In the matter of civil situations though, time limitations are essential as the case is usually that the court would look to remedy losses incurred by another. If a particular time elapses though, the assumption would be that there were no substantial losses.

    Saudi Arabia has been at the topic of much debate lately as they have been hard at work to deal with and reduce corruption within their nation. The latest implementation has been to remove the Statute of Limitation in cases where individuals and officials are accused of graft and the abuse of power.

    Before the change, there was a 60-day limit in order to bring forward a matter to the attention of the officials for misuse of powers. It has been stated by the National Anti-corruption Commission's Chairman, Khalid bin Abdul Mohsen Al-Muhaisen that "the amendment will enable the Commission and competent authorities to carry out their tasks effectively and efficiently to protect public money, the state's interests and the national economy from corruption."

    The change that will be seen is the elimination of the 60-day limitation for the investigation of all allegations against current or former ministers. This amendment is one of many changes being made in the Kingdom to crack-down on corruption and to bring all official inline with the Kingdoms corruption free goals. 

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    Sun, 14 Oct 2018 12:00:00 GMT
    <![CDATA[Kuwait – Executive Bylaw of Law Number 13/2018]]> Kuwait – Executive Bylaw of Law Number 13/2018

    Kuwait has just released a new executive bylaw on conflict of interest, namely Executive Bylaw of Law Number 13/2018. This new bylaw was published on 7 October 2018 and consists of 16 Articles issued by the National Assembly. This bylaw has brought about new changes in the employment regime in that it places a ban on employees from being involved or engaged in any partnership or arrangement that is in contradiction to such employees' job and provides a further outline of relative and infinite conflict.

    This bylaw brings with it a far more stringent conflict of interest regulations to the Kuwaiti region. Within Article 2 of the new law, should an employee be subject to this new law, they will be considered to be in a position of relative conflict if such employee is in possession of a share or percentage of his work in any activity or if such employee has financial transactions with his/her employer.

    Such transactions must be relevant and related to that employees' job, and if the employees actively participate in the procedures without any resulting benefit, or if any of the abovementioned causes harm to the public interest. 

    The new Bylaw will also find application in respect of circumstances where an employee, his/her minor children or his wife/her husband, or any persons under his/her guardianship or custody who has any of the following:

  • A share in any company, establishment or activity;]
  • n inclination to profit from and to participate in the procedures;
  • Such participation is without any benefit or harm to the general public interest.
  • In addition to this, the bylaw also provides for new standards and provisions for public behavior which must be implemented by all persons who fall within the purview of the regulation. These provisions have been applied to ensure transparency by all parties who fall within the bylaw regulation.

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    Thu, 11 Oct 2018 12:00:00 GMT
    <![CDATA[New Resolution Concerning Driving Schools]]> New Resolution Concerning Driving Schools

     

    Introduction

    Driving is a vital element of everyday life, and of course, to drive, a driving test must be passed and lessons must be taken, which can only occur through official and licensed entities. Generally speaking, across the varying Emirates the regulations may vary slightly based on the specific legislation of the said state and so there may be specific requirements in one Emirate not found in any other.

    There are numerous driving schools found within Dubai, and they are all governed by the Dubai Roads and Transport Authority (RTA). The RTA governs and manages all aspects of driving schools including any licensing related matters.

    Executive Council Resolution Number (38) Of 2018

    The Dubai Crown Prince Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum is the Chairman of the Dubai Executive council. The council has recently implemented the Executive Council Resolution Number 38 of 2018, and this decision concerns the licensing and activities of driving schools in Dubai.

    The resolution states that it is the responsibility of the Licensing Agency within the RTA to manage driving institutions in a majority of aspects. These range from license issuing to maintaining and ensuring that these entities adhere to the rules governing them. Beyond this, it will also be their responsibility to provide the necessary designated areas for teaching and training and issuing permits for temporary locations.

    Licenses are valid for one year before they require renewing, though the permits for temporary teaching locations are valid for a maximum of six months.

    There are penalties for those who fail to adhere to the rules, which can double should a repeat occur within a year's period. The maximum ceiling for a fine is AED 30,000. An entity can Challenge these fines so long as this is done within a 30 day period, though whatever the decisions are here shall be final.

    This law annuls Regulation Number 6 of 2009 concerning the licensing of driving schools, except where it is not in disagreement with the new law. Any other ruling that may contradict Executive Council Resolution Number 38 of 2018 are also null.

    This resolution will encompass the entirety of Dubai including the mainland and all free zones. The only exception is of military and security entities.

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    Wed, 10 Oct 2018 12:00:00 GMT
    <![CDATA[DIFC Courts strengthen India-UAE bilateral trade]]> DIFC Courts strengthen India-UAE bilateral trade

    The Dubai International Financial Centre (DIFC) has strengthened the UAE-India commerce by signing a Guidance note with Nishith Desai Associates, an Indian law firm, thereby enforcing civil and commercial judgments through DIFC Courts and the Courts of India.

    The Guidance note with a law firm in India facilitates the strategy of taking steps to promote judicial convergence.  The DIFC Courts, being an English common law International Court with over ten years track record in handling complex transactional disputes. It is at a position to provide detailed guidance to parties that seek to enforce civil and commercial judgments in India and the DIFC.

    In the UAE, there are 26,000 Indian firms and over 40,000 UAE based firms owned by NRIs. Therefore the increase in such establishments and foreign trade has increased the number of cross-border transactions, resulting in more commercial disputes.

    Amendments to the Commercial Courts Act of India introduced in 2018 allow the state governments to establish courts at the district level. The signing of guidance note will facilitate trading between UAE and India.

    Michael Hwang SC, Chief Justice of the DIFC Courts, said: "An increasing number of emerging economies have recognized that investing in efficient and globally connected courts is the necessity to compete for world trade and investment - and India is no exception. This Guidance Note with one of India's leading law firms will enable greater trade security between our two markets and provide much-needed guidance on civil and commercial judgments in both India and Dubai."

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    Mon, 08 Oct 2018 12:00:00 GMT
    <![CDATA[Cyber Law Amendments ]]> Cyber Law Amendments

    The President of the UAE and the ruler of Abu Dhabi, His Highness Sheikh Khalifa bin Zayed Al Nahyan has issued a new decree for the amendment of Federal Decree Law Number 5 of 2012 concerning UAE cyber crimes. The newly introduced law, Emiri Decree Number 2 of 2018 primarily focuses on fighting terrorism and curbing illegal and unauthorized activities relating to cybercrime.  

    The initiative taken by the Government of Abu Dhabi is to ensure security and to impose more severe penal implications for activities that violate the cyber law of the UAE. The new decree provides for amendment of three important provisions of the Federal Decree Law Number 5 of 2018.

    Article 26, 28 and 42 are the provisions which have been amended under the new decree.

    The new law provides for the following changes:

    •  Under Article 26 of the new law, establishing, managing or running a website, or publishing any information on any computer network or any other means of information technology so as to facilitate and promote any activity relating to terrorism, or unauthorized group shall be punished with imprisonment for a term of 10 to 25 years and with a fine of 2 to 4 million AED.

    Further, any person who establishes manages or runs a website or publishes any information on any computer network or other means of information technology with a view to promoting hate shall be punished with imprisonment of not more than five years and with a fine of 500,000 to 1 million AED.

    • The Article 28 deals with acts that pose a threat to the national security or public order. Under the new law establishing, managing or running a website, or publishing any information or news or cartoon on any computer network or any other means of information technology that affects the national security or interest of the state or any member of the judicial system shall be punished with a temporary imprisonment and a fine of not less than 1 million AED.
    •  The Article 42 of the new law provides for deporting any individual who commits the acts (crimes) as specified in Federal Decree Law Number 5 of 2012. 
    ]]>
    Thu, 04 Oct 2018 12:00:00 GMT
    <![CDATA[tow-trucks-regulation]]>  

    New Regulations by RTA for Tow Trucks

    With the increasing hazards caused by the present condition of towing vehicles to the road users and general traffic safety, the Roads Transport Authority (RTA) who considers road safety to be of utmost importance, was prompted to protect this belief by announcing new safety regulations to be adhered by the tow trucks in February that became effective from July 22, 2018. Recovery or towing vehicles operating in Dubai are now required to follow a new strict set of regulations and specifications.

    The rules are mandatory and require compliance by all tow trucks. In the event of failure to comply with the following standards RTA shall not renew the registration or register new vehicles in this category: 

  •  It is mandatory for vehicles to have reflective stickers on all sides of the vehicle's body;
  •   Seventy percent of the flatbed surface of the vehicle must be within the rear axle point;
  •   Along with other stipulations, there is a restriction on the vehicle's flatbed width in comparison to the driver's cabin limit and the maximum width of the extra elongation should not exceed 5cm on the sides;
  •   The flatbed must be fixed firmly to the chassis with no space left between the body and the flatbed. The vehicle must also be fitted with a rear safety bumper and a protection rubber of high-quality.
  •   There must be no sharp edges, poles, metal/wood components on/fixed to the vehicle;
  •   The truck must also be equipped with a reflective triangle, a warning alarm, and orange warning lights.
  • Sanctions

    As per the Federal Traffic Law, the penalty for

  • Diving a light vehicle in a reckless or dangerous – Fine of AED 2,000, 23 black points and the 23 black points. The vehicle can also be impounded for 60 days.
  • Heavy vehicle violation that not meet safety and security requirements- Fine of AED 2,000 and reap 6 black points. New vehicles also cannot be registered if they do not comply with the regulation standards.
  •  

     

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    Mon, 01 Oct 2018 12:00:00 GMT
    <![CDATA[Dubai Law Number 8 of 2018 – New HR Regulations]]> Dubai Law Number 8 of 2018 – New HR Regulations

     

    Introduction

    Work-life balance is a profoundly serious concept as it ensures a well-rounded life and the best possible lifestyle for an individual. With the idea of happiness being of such importance within the UAE, it would make sense to push companies to provide the most exceptional support and most comfortable workplace to their employees.

    The recent Dubai Law Number 8 of 2018 looks to deal with just this topic, and provide government employees with higher levels of support, and the hope is that this will allow for them to better perform their work in a more supported and comfortable state.

    Law Number 8 of 2018

    This new legislation provides specific guidelines and changes that government entities must abide by an HR stance. The changes include the following.

    There is a renewed focus on Emiratisation, learning, and development of the employees. The changes are in line with the future visions for the Emirate of Dubai and also the country as a whole. Expected to be implemented in its entirety by the year of 2019 Dubai government employees will be entitled to:

  • The option to work remotely from their office, if possible;
  • Allowance for employees to apply for internal promotions if positions are vacant;
  • Increased annual leave from 22 to 25 days for Grade 8-11 employees, and Grade 7 and below also receive an increase from 15 to 18 days;
  • 5 days paid leave granted to those preparing for research, projects or similar such external tasks;
  • The right to overtime payment, so long as there is an approval from the appropriate manager.
  • There may be further annual leave increases, and opportunities for individuals of determination should their afflictions demand it.
  • These are some of the basic concepts added. The new regulation is relatively lengthy with around 141 clauses, and the increased flexibility and support will allow for a happier work environment with more motivated employees.

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    Thu, 27 Sep 2018 12:00:00 GMT
    <![CDATA[Memorandum of Association]]> Memorandum of Association

     

    Introduction

    Memorandum of associations (MOA) are some of the most critical business documents produced in the initial stages of a company's life, and it contains many fundamental elements and information concerning the entity. It is also essential as it is a critical document that used for many further future activities. This document is one used internationally, and this is very much the case in the UAE. The UAE has recently implemented a new regulation which stipulates that all MOEs must ensure they observe. The requirement is that the MOE must be written or available in Arabic.

    Law Number 7 of 2018

    The primary language of the UAE is Arabic, and so it would make sense to have this as a rule. There are already numerous documents which are required in Arabic, though until recently the MOA could be either English or Arabic.

    The UAE has a huge number of expats, especially when comparing the amount to the number of nationals found within the country. There are thousands of entities that have been formed or brought in through the expats, and when taking this into account, English would be the second language.

    However, the new Decree-Law Number 7 of 2018 has now made it clear that Arabic will be the only language acceptable. This law amends the previous Law Number 2 of 2015 which concerned Commercial Companies. It is Article 2 of the 2015 regulation which has been seen to require a change.

    The law states that if the MOA initially is formed in a different language other than Arabic, an Arabic version is to be drawn up, and that is the version that is to be used, and within the UAE, it is the version that will be applicable or the one that will be intended if requested at any point.

    According to the decree, the MOA then has to be attested by the appropriate authority, and in some cases may require attestation from a notary public.

    This decree will come into place as from the date of its inclusion in the Official Gazette.

     

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    Mon, 24 Sep 2018 04:00:00 GMT
    <![CDATA[New UAE Law Regulating Mosques and Prayer Spaces]]> New UAE Law Regulating Mosques and Prayer Spaces

     

    The President, His Highness Shaikh Khalifa Bin Zayed Al Nahyan issued the Federal Law No 4 of 2018 (the "Law") which applies to mosques, private and public prayer spaces, and Eid Mussalas in the UAE. It provides regulations for the care and organization of these institutions. These provisions have been published in the latest issue of the Official Gazette.

    Local Authority

    According to this law, the authority of local authority concerned with the affairs of the mosque is also responsible for the naming of the mosques and may consent to designate the mosque according to the donor's wishes. The name used cannot be reused for another mosque in the same city without the approval of the body or concerned authority.

    The concerned authority is also responsible for

  •  The provision and supervision of the needs of the mosques and its prayer spaces;
  • The timings for the call to prayer; Iqamah (the second call to prayer); organizing religious lectures, lessons, or events as well as preparing the sermons; and
  •  The dates for the opening and closing of mosques as well as the rules and conditions of I'tikaaf (time for spiritual seclusion in the mosque).
  • Licensing

    The new Law requires prior licensing for the following activities-

  • Hosting lectures and sermons;
  • Organizing seminars within the mosques;
  • Conducting Quran memorization circles;
  • Collecting donations or other aid;
  • Assigning or appointing any person on a temporary or permanent position to hold or organize any religious or social events;
  • Distribute books, leaflets, video or audio recordings;
  • Bringing food to the mosque;
  • Belonging to any illegal group or carry out any political or organizational activities.
  • Prohibitions

  • The law prohibits the act of begging in mosques or any other activity that would disrupt the sanctity and security of the mosque and prayer spaces
  • The Law prohibits any employee of the mosque from
  • ­   Preaching and recitation, or teach religious lessons, or run Quran Memorization activities outside the Mosques;
  • ­   Collect donations or financial or any form of in-kind assistance for third parties; or
  • ­   Belonging to any illegal group or carry out any political or organizational activities.
  • Candidacy Eligibility

    The law stipulates the following eligibility criteria for employment in the mosques

  • should be an Emirati of good conduct;
  •  possess all the required academic qualifications as accredited by the concerned government departments;
  •  pass requisite tests and be medically fit
  •  have no prior records of arrest, citation or criminal record in felonies or misdemeanors relating to honor or personal integrity, unless cleared of the charges;
  • In the absence of Emirati candidates, the residents who meet the above-mentioned conditions and requirements may be appointed to the vacant positions.

     

    ]]>
    Sat, 22 Sep 2018 03:55:00 GMT
    <![CDATA[Cancelled Projects in the UAE]]>Cancelled Projects in the UAE When buying property off-plan, it is more often than not a very profitable investment strategy, the ability to purchase the property at a lower price than you would for a completed apartment or villa is very appealing. However, this investment is not without its risks, and in Dubai, as precedent has shown there have been many times when projects have been canceled and the investors have borne the risks.   With attractively lowered prices, it is easy to fall victim to a canceled project. The Dubai Land Department, aware of the ever-growing list of canceled projects has established a specialized committee overseeing such projects, namely, the Cancelled Real Estate Projects Committee. The committee handles all regulatory aspects of property development, this committee specializes in the liquidation of these projects, which have been canceled by the Real Estate Regulatory Agency (RERA). The committee provides binding and final judgments on these projects which are incapable of being appealed through the regular appeal process and their decisions will be implemented by the Dubai Courts through execution. STA provides bespoke legal advice and investor representation in canceled project matters. Click here to find out whether your canceled project falls within the ambit of the Cancelled Projects Committee

     

    ]]>
    Mon, 17 Sep 2018 05:19:00 GMT
    <![CDATA[Illegal Immigration Amnesty in the UAE]]> Illegal Immigration Amnesty in the UAE

     

    Introduction

    The UAE has a very substantial number of non-nationals and immigrants. It has one of the highest disparities between the total numbers of nationals to foreigners, with around 90% of the population being from abroad. To put this into numbers, at this time within the country there are approximately 1.5 million UAE nationals, while at the same time, there are around 8.5 million foreigners.

    Many of the Middle Eastern counties, in particular, the GCC nations, have populations that consist vastly of non-nationals, though the UAE is the most extreme of them.

    The matter of obtaining a visa within the UAE is also one that is not the most simple or easy to do so. To begin with, to enter the country as a tourist, this is possible reasonably quickly as a 30-day visit visa is available. However, to go about getting a residential visa, you have to have a job within the country, and then apply. Generally provided are 2-3 year visas which require renewal upon expiry. The area which causes most of the legal issues concerns those who are in the country without a residence visa. They may have entered legally, and at a later stage, lost their jobs, or perhaps the renewal process was unsuccessful. In the end, there are numerous cases of illegals within the country, and often those people may be too uncertain of what will happen to them if they come forward.

    Amnesty for Illegal Immigration

    The UAE is aware of this issue and has recently implemented a temporary easy solution that will help many to clear up their affairs. An amnesty that began from 1 August 2018 and is to last for a total of three months has been initiated, and any individual who is currently illegally within the country may come forward and will be able to make one of two moves. They may choose to leave the country with no repercussions, or if they would be able to obtain a visa, they can do so by providing their documentation and proof of employment.

    While it is generally the case that there will be no backlash to coming forward, in the occasion that the individual entered the country in a manner that was illegal, they will face a two-year ban during which they cannot return to the UAE. However, if this does not apply to an individual, they will be free to re-enter as soon as they legally obtain another visa.

    For individuals who choose to leave, an exit permit will be provided to them that is valid for ten days. They must then exit during this time. If one decides they would like to stay and can provide the required documentation and proof of a job, they will merely be provided with a visa and may continue to reside within the UAE, only legally this time. Finally, if one wishes to stay, but does not currently have a job, they may be provided a six month residency period in which they can attempt to obtain a job, and if they fail following that period, they will then have to leave.

    This period will last for a total of three months.

    ]]>
    Sun, 16 Sep 2018 07:27:00 GMT
    <![CDATA[New Trademark Application Procedures in UAE]]> New Trademark Application Procedures in UAE

     

    Introduction

    A Trademark is a recognizable and identifiable sign, design or expression, logo, symbol, word or any combination thereof which identifies the products or the services of a particular source. A Trademark must be distinctive, and it must be registered with the appropriate authority to obtain the legal ownership and protection of various rights. Generally, Trademark rights are guaranteed usually for 7 to 20 years. These rights are also protected internationally by intellectual property rights treaties.

    Trademark Law is the law which generally prevents others from using any of the unique attributes to that which has already gone through registration. In UAE, Federal Law Number (37) OF 1992 contains various provisions regarding trademark law. According to Article 2 of Federal Law Number (37) of 1992, a Trademark is considered a trademark should the product have a distinctive form in terms of names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs or any other such mark. In other words, any unique element of the product's design.

    Federal Law Number (37) of 1992 further categorizes what which isn't regarded as a trademark; this includes the mark having no property or distinctive character, any mark breaching the public morals or violating the public order, logos of the Red Crescent or Red Cross and such other similar symbols which may give rise to offense.

    According to Article 5 of Federal Law Number (37) OF 1992 there is a Trademarks Register at the Ministry of Economy wherein is held all the trademarks, names, addresses and type of activities of their owners, the descriptions of their goods, products or services and any conveyance, assignment, transfer of ownership, mortgage or licence for use concerning such marks or any other changes.

    Procedure for the Trademark registration in UAE

    Once completing the application for Trademark, it will receive an examination by the ministry, and following this, there is 30 days period for filing an opposition by any interested party. In the absence of any objection, the registration will be complete, and the certificate of registration issued. Generally, the Trademark registration value is ten years.

    New Trademark application in UAE

    In 2018, a new administrative decision regarding the trademark application procedures came into force.

    According to this update, it is now the case that all trademark applications are fillable online. Further, the regulation also states that in the event an application contains the wrong information concerning the list of goods and services, international classification number, missing documents or any further aspect, the examination section shall issue an official action against these applications, and applicants.

    ]]>
    Wed, 12 Sep 2018 10:19:00 GMT
    <![CDATA[Abu Dhabi Global Market Private Financing Platform Consultation]]> Abu Dhabi Global Market Private Financing Platform Consultation

     

    Introduction

    The Abu Dhabi Global Market (ADGM) is one of the newer free zones within the UAE. It is also one of only two financial free zones across the entire country, with the other being the DIFC in Dubai. The free zone is one of the most independent within the UAE as it produces almost all of the legislation and regulations in the area. Most free zones have their regulatory authorities and rules, though very few are to the scale of the ADGM and the DIFC.

    Private Financing Platforms (PFP) are entities whose business it is to provide privately owned entities with access to financing through private institutional investors. They are therefore highly relevant within the financing business world. Some of the key activities they may perform and provide services to include the following:

  • Business to Business Lending;
  • Equity Crowdfunding;
  • Invoice Financing; and
  • Private Placement.
  • With the ADGM being such a significant part of the UAEs financial market, and the PFPs being as vital as they are, it should come as no surprise that there have been recent developments on the issue.

    Overview of the ADGM Consultation

    The Financial Services Regulatory Authority (FSRA) is one of the regulatory bodies within the ADGM free zone. Recently, they released a consultation paper which outlined and proposed the regulatory framework for the operations of PFPs.

    One of the key takeaways is the proposed addition of a new form of license activity; this would relate specifically to PFPs (which carry out their business online) which allow investment based or loan based PFP transactions.

    The regulations will allow for a higher level of confidence from clients of these PFPs as they will now require licenses and also, the heightened regulation will allow for more excellent knowledge of the market by the FSRA and more significant levels of control. It will open up a more extensive range of asset transfer, financing and securitization options to entities within the ADGM.

    ]]>
    Sat, 08 Sep 2018 05:54:00 GMT
    <![CDATA[Egypt: Draft Data Protection Law Approved]]> Egypt: Draft Data Protection Law Approved

     

    Introduction

    Individuals have a right to obtain their personal data and reuse it as they see fit. On October 30, 2017, 60 Parliament MPs in Egypt submitted a proposal to the Egyptian Parliament to adopt a new law regarding protecting personal data, as previously Egypt did not have any safeguarding legislation on the matter. Following this, the Egyptian parliament proposed a new draft law on data protection.

    The cabinet in Egypt has already approved this draft law on personal data protection. The rule applies to the people of Egypt (Egyptian Nationals) both inside and outside of the country. The law imposes various types of obligations on the controllers and processors of personal data and how they are entitled to handle this personal information. The law's provisions ensure the rights of the citizens regarding the protection of their data. The draft law establishes a committee to protect the personal data of the people of Egypt.

    What does the Draft Propose?

    Under the new proposed law, the personal data of people cannot be collected or disclosed by any means except with the consent of the person they concern. The appropriate person will possess the right to access and obtain their data. As per this new law, if any person violates this law and discloses its contents without the consent of the relevant person, it will lead to an imprisonment of one year and fine of between 100,000 to 1,000,000 Egyptian Pounds.

    As per the new law, a Centre for Personal Data Protection in the Information Technology Industry Development Agency will be established, and a Ministerial Decision will appoint all the employees here following a proposal from a competent minister. It is the center who will make and formulate various policies, regulations and plans to protect the data and ensure the people of Egypt have their right of privacy and protect their data from any other means or person.

    ]]>
    Tue, 04 Sep 2018 06:17:00 GMT
    <![CDATA[Jordanian Code of Conduct]]> Jordanian Code of Conduct

    Jordanian government announces a new Ministerial Code of Conduct for the governance of conduct and the avoidance of conflict of interest. The new code will apply to Cabinet members and Ministers.

    The new Code of Conduct will function as an abiding agreement and will provide that Ministers, in the fulfillment of the obligations in their executive role, must do so without having any conflict of interest. The Code is brought about with the new introduction in June of the new Prime Minister Omar al-Razzaz and was signed by the Prime Minister and all of the Cabinet members.

    The new Conduct ensures a commitment by the Ministers in decently executing their duties, while continuously upholding the interests of the public as a whole and the good morals of the public. The Conduct also provides for the avenues and necessity of doing such, for any Minister or government employee to disclose any potential conflicts of interest that might arise during their service within the government.

    The enactment of the code of conduct, as stated by Razzaz, will take place within the first 100 days of the government's formation. The administration of the code of conduct will take place within each Ministry, and each Ministry must include within their scope of work – the integration of the code of conduct within their entire scope of projects, programs and plans. This inclusion must be done in conjunction with the upholding of the Kingdom's policy and maintaining its national goals.

    In addition to the provisions regulating the Ministers of government, the code of conduct also provides the laws which oblige the Prime Minister and the members of his Council. Such laws ensure that they abide by the rule of law, act in full transparency, disclose any conflicts of interest, reveal all previous professionals and investments and perform their tasks with integrity, efficiency, fairness, and equality.

    The code also provides for the duties and responsibilities of the Ministers. It incorporates a provision that provides that Ministers be able to accept ordinary official or honorary gifts and other forms of appreciation, but such Ministers are not entitled to accept or to seek any gift, benefit or other allowance. It provides for the disclosure by the Ministers of gifts provided to them the exceed 5o Dinars. Any such gifts will be considered public funds and property to be transferred to the Department of General Supplies. The code also provides for the control of the conduct of influence in that Ministers will not be able to use their influence to benefit themselves, family members, or other related bodies. The Minister may not utilize information gained by Ministers in the fulfillment of their duties once they have left their Ministerial duties and they must wait one year after leaving the office to engage in contractual relations with the Ministry that they ran.

    Lastly, their family members or relatives must not trade in the shares of companies they are responsible for or benefit from the material and non-public information

    ]]>
    Sat, 01 Sep 2018 07:15:00 GMT
    <![CDATA[Indian Ruling Regarding Interest Applicable During the Litigation Period]]> Indian Ruling Regarding Interest Applicable During the Litigation Period

    Introduction

    Application of interest on security deposits generally is forbidden under Indian law; this is stated and confirmed in the General Conditions of Contracts (GCC) regulations. Article 16 (3) of this regulation clearly says that:

    • There shall be no interest payable upon security deposits, earnest money or any amounts owed to the contractors under a contract;
    • However, government securities will have interest payable so long as they fall under Clause (1) of Article 16.

    A recent case in India that appeared before the Supreme Court revolved around this very matter. It involved this clause in the case of arbitration awards.

    The Case

    This case was between the parties M/s Ravechee (appellant) and co v Union of India. The appellant obtained a mining contract with Western Union, and it was during this job that the disagreeing matter arose.

    Initially, the parties pursued arbitration, though the respondent party did not agree with the decision, and so the case moved up to the courts. While the general award was agreed on by both parties, the matter of the interest added received contention from the respondent party.

    The disagreement arose following the judgment of the arbitration as the appellant's awarded included interest from the initial time of the complaint to the date of the award.

    The respondent appealed to the court that, under Article 16 (3) of the GCC law, the arbitrator did not have the right to implement this interest. However, this was not accepted by the court as they stated that the Article brought forth was not applicable as a bar on awarding of interest pendente lite (during litigation). Also, the Article stated only referred to security deposits.

    A party becomes liable to interest in the case that there is a delayed payment that they would otherwise have received owed to them, and so in this instance, this was very much the case. Therefore, the court ruled that this was the case.

    ]]>
    Sun, 19 Aug 2018 05:29:00 GMT
    <![CDATA[Ministerial Decree Number 43 of 2018]]> Ministerial Decree Number 43 of 2018

    Introduction

    Compassion and acceptance is a widely growing element of the regulations around us. They are making the workplaces fairer and accepting of individuals who are at a disadvantage in certain aspects that are beyond their control.

    For many years, there has been a collective drive to accommodate for people with disabilities in everyday life. Simple implementations such as ramps by staircases have become a common sight, and while the workplaces and their levels of acceptance have also been growing, there has been less attention here.

    There is, of course, the usual array of non-discriminatory laws which prevent employers from forming biases when hiring new employees or treating employees in specific incorrect ways, and this is undoubtedly the case in the UAE.

    However, what is less frequent is regulations specifically enacted to help and protect individuals of determination. That looks to be changing in the UAE, with the recently announced Ministerial Decree Number 43 of 2018.

    What does this Decree Involve?

    Decree Number 43 of 2018 concerns people in positions of physical or mental disability, or people of similar such determination. The regulation looks to ensure fair treatment of employees of this type and provides them with a higher level of job protection.

    For these individuals to receive equal accommodation and opportunity, work conditions must be suitably safe and should be up to the required standards; this will ensure that the employees will be able to perform their jobs to the optimum levels that a business might need. On top of this, companies will not be allowed to force an employee to retire due to any form of uncontrollable disability, and they may go on to work until they either reach the appropriate retirement age or in the case that they are unable to perform their work to the required level. On top of this, when looking to employ someone, all candidates should be given equal opportunity to succeed and obtain the job, so long as they meet the requirements.

    With these requirements as mentioned above of businesses, this shall ensure equal opportunity and treatment of all workers and should help to prevent abuse of powers towards those of determination.

    There is more to the regulation though, as it then further discusses the topic of business set up for those with disabilities. These people should receive the same opportunities to set up a business entity as any other would have without risk of discrimination occurring.

    Conclusion

    This Decree looks to ensure the fair treatment of all within the UAE, with no level of discrimination permitted. Should one be adequately qualified and capable, there shall be no allowance to discriminate against them, and they should receive equal consideration and at no point should undeserved pressure be put on the individual to retire.

    Further, they may have requirements as a result of their conditions, and these should receive accommodation to ensure that they experience a safe and healthy working environment which would also best allow them to perform their work, and there should be no level of abuse tolerated.

    Finally, there should be no barriers in place which could prevent such an individual from setting up their own companies.

    All in all, the Decree Number 43 of 2018 will further strengthen the employment and work condition regulations within the country and push for higher levels of acceptance and equality within the nation.

    ]]>
    Tue, 14 Aug 2018 05:25:00 GMT
    <![CDATA[Health Insurance Law - Oman]]> Health Insurance Law - Oman

    The Omani authorities have recently released that private sector companies will shortly be liable for providing health insurance to their employees. This statement was by Oman's Capital Market Authority (CMA). According to the authority, there is no prescribed date for the implementation of this new rule and such authority is only in the process of putting together preliminary plans to bring the necessary health insurance for all citizens in the Country.

    The CMA has brought about this new provision to adequately meet the needs of employees employed in the private sector concerning their need of primary health coverage, as well as with the aim to curb excessive costs to the employers of the private sector due to current economic standards. The incorporation of these provisions is an attempt at unifying health insurance policies for the private sector. This reform comes in the wake of frightening statistics of how few employees in the private sector, both nationals, and expatriates, are provided with health insurance.

    The stated aims of the new provision are the increase in the quality of the private sector health system, which would be impossible without the implementation of proper health financing in the private health sector. The compulsory medical insurance aims to curb the pressures placed on government-run medical facilities as the increasing population takes its toll on the resources. 

    The mandatory provision of health care also extends to all visitors to the region. The bringing out of the policy is an initiative brought about by the Health Ministry and the Royal Oman Police.  The process which will be utilized to ensure compliance by visitors is the issuing of health insurance at the border posts, and thus there will be a noticeable impact of the immigration process in Oman.

    The implementation of this provision is in the wake of the announcement made in 2017 in regards to compulsory health insurance. In order to put this into action, the CMA has been drafting a unified health insurance policy for private sector employees and their families. This new policy is to ensure healthy competition and to avoid any future irregularities by insurance companies to provide the customer with proper primary health cover.

    The Financial Regulator has reviewed the plan for implementation, the Ministry of Health, Ministry of Manpower, Oman Chamber of Commerce and Industry, insurance companies, health service providers in Oman and Oman Medical Association. The rollout of the implementation of compulsory medical insurance in the private sector will be rolled out in phases throughout the year of implementation. 

    The initial phases at the beginning of 2018 were that all Excellent Grade companies and all companies with more than 100 employees and all consultancy firms were to conform to the new regulations. Following this, the second phase was that from May 2018, all A-Grade companies as well as companies who have under their employment, 50 or more employees, must conform to the new policy. The implementation of the final phase will be in 2019 will all other companies were obliged to comply with the policy. 

    ]]>
    Sat, 11 Aug 2018 06:05:00 GMT
    <![CDATA[Bahrain Legal Update Relating to the Amending of Law Number 21 of 1989]]> Bahrain Legal Update Relating to the Amending of Law Number 21 of 1989

     

    Overview

    Within Bahrain, culture is of the utmost importance; this includes the countries associations, social and cultural entities. They allow for the growth of the individuals within the country and help to strengthen its identity while surrounded by so many culturally rich nations.

    As such, the regulations surrounding this matter would likewise be of the utmost importance, and the regulatory authority would ensure they keep it as up to date as possible.

    The History of the Law

    This new Bahrain legal update looks to amend Articles within the old Law Number 21 of 1989. This original 1989 law regards Associations, Social and Cultural Clubs, Special Committees Working in the Field of Youth and Sports and Private Institutions. The bill has received updates in the past on multiple occasions, and this is the latest of the amendments.

    This regulatory amendment has aimed to alter the previous Article 43 of the law. Previously the legislation stated the following:

    Article 43 – A board member shall enjoy all his civil rights. The specialized minister may add other conditions on some associations depending on the purpose of the association.

    What are the changes?

    This Article was already previously amended to add in that the board members shall be allowed to enjoy all of their civil and political rights. However, the latest amendment aims to change this as it states that the board members should not have any political association. The aim here is to ensure a clean and transparent system.

    However, this is not the only alteration that will be occurring. The further change is that there is now a new prohibition. Membership to more than one club or sports association is no longer permitted.

    These new changes will receive implementation upon their release in the official Bahrain gazette.

    ]]>
    Thu, 09 Aug 2018 10:50:00 GMT
    <![CDATA[New E-Commerce Regulations Issued in Sharjah]]> New E-Commerce Regulations Issued in Sharjah

     

    Overview

    E-commerce is an ever-growing area in the world today. Everything was at one point not too long ago, exclusively bought by people through physically going to a store and purchasing a physical good. However, the practice of buying products has now moved to the digital zone, with almost everything procurable online. Of course, with this practice arising very quickly from nowhere, regulation is still having to developed and amended over time. Sharjah has recently introduced a new e-commerce law which aims to improve the regulatory capacity of the Sharjah officials. It seeks to do this through the introduction of new and more stringent licensing regulations within the Emirate.

    What will this Regulation Entail?

    The regulation, which is the Sharjah Executive Council Decision Number 23/2018 will introduce a few new aspects to the e-commerce side of Sharjah's system. Some of the changes are as follows:

  • There are now new licensing requirements within the State;
  • Minimum age requirements are now in place that must be met for one to be able to obtain the new licenses;
  • There has also been a time limit added to ensure that already existing entities have time to implement and adapt to the changes.
  • With regards to the Licensing requirements, no individual or legal person may perform e-commerce related activities without receiving a license from the Department of Economic Development (DED) first. Further, to obtain this license, the person is required to be a UAE Citizen.

    Concerning the age limit, for one to obtain the license, they must be at least 21 years of age at the initial time of the agreement. Further to this, they must also be in a mental state that does not impede them from being legally competent. They must be of age and of the legal capacity to obtain the paperwork. There is a slight exception to this, which is in the case of those who are of at a minimum of 18 years old. In the case of these individuals, they may be authorized to practice trade in this are if the Judicial Court has permitted them.

    Finally, in the case of the time limit as mentioned earlier limit, any entity that already practices trade in this field or area will be given a time limit within which they must also obtain the license. The time limit is to ensure that these businesses are treated fairly, while also providing that they oblige with the new regulation as quickly as possible.

    Conclusion

    In general, the change is now in power. The Sharjah authorities are looking to have all entities covered under the umbrella of the regulations over the next few months. They wish for the change to fully be implemented as soon as possible, though, to give already established companies a chance to comply before any action against them occurs, a three month period in which to complete the requirements exists.

    ]]>
    Tue, 07 Aug 2018 06:43:00 GMT
    <![CDATA[Updated Bahrain Bankruptcy Law]]> Updated Bahrain Bankruptcy Law

    The new law on bankruptcy in Bahrain intends to updates rules that regulate insolvency proceedings and that strengthen the country's business community. Some of the changes involve the development of a system concerning which the rehabilitation of institutions or individuals that file for bankruptcy can take place whenever possible. Officials hope that the legislation will remedy the shortcoming of the existing bankruptcy law.

    The new legislation also contains provisions to guarantee "equitable distribution among creditors under the rule of preferential, preferred and ordinary rights" in the event of a default and ensures equal treatment of creditor claims. The aim of the government in implementing this new legislation is to improve impartiality and transparency as well as to improve the time frames in which the bankruptcy process operates. Another inclusion in this new law is the regulation of cross-border restructuring and bankruptcy procedures which were lacking in the previous legislation. 

    ]]>
    Thu, 19 Jul 2018 09:21:00 GMT
    <![CDATA[Saudi Arabia’s Shoura Council has agreed to amend the Anti-Bribery Law]]> Saudi Arabia's Shoura Council has agreed to amend the Anti-Bribery Law

    The aim of the amendments is at protecting public utilities from corruption by all means as well as the achievement of sound procedures in combating and investigating bribery cases and putting suspects on trial. The amendments are also aimed at tackling bribery to consolidate the concept of inviolability of job and protect it from violations by applying to most severe penalties, including material and proper punitive measures.

    One of the most principle new articles brought into practice is that the provisions of the law "are now applicable to employees of private companies and institutions within the Kingdom." Another Article added to the legislation states the criminal investigation officers may, in circumstances where there is suspicion regarding the integrity of the employee, take the necessary action to incriminate him. This amendment comes due to a need to reduce the growing phenomenon of administrative corruption, favoritism and social relations at the expense of efficiency, and reduce exploitation of the job for illegal gains.

    The amendments and the law seek to highlight the provisions of the United Nations Convention against corruption, such documents are the singular legally binding universal anti-corruption instrument. Another objective of the amendments is to enhance the efficiency of administrative bodies and activating economic and social development programs.

    ]]>
    Tue, 17 Jul 2018 23:30:00 GMT
    <![CDATA[Kuwait: Amendments to the Companies Law Relating to the Protection for Minority Shareholders ]]> Kuwait: Amendments to the Companies Law Relating to the Protection for Minority Shareholders

    These amendments came about by approval by Kuwait's National Assembly and amend the law relating to protection for minority shareholders. Such modifications reduce the minimum percentage of shareholders to request a general assembly requirement from 25% to 10%. Distribution of profits approved in a general assembly would take place within one month of the meeting. For companies with multi directors, the general assembly would determine their powers and responsibilities. The increase of time concerning which the institution of a general assembly is now 15 to 21 days.

    ]]>
    Mon, 16 Jul 2018 23:06:00 GMT
    <![CDATA[Unified contract to start being used in the last quarter of 2018]]> Unified contract to start being used in the last quarter of 2018

    There has been an electronic rental project launched in Saudi Arabia to facilitate rental agreements for both residential and commercial rentals. The idea behind this new platform and unified contracts are to promote electronic payments and minimize disputes.

    This new project was launched jointly by the ministries of housing and justice, and the implications of such are that real estate brokers across Saudi Arabia must provide a unified rental agreement in the e-ejar network as an approved contract and an administrative document.

    The authorities launched this network with the intention to facilitate the rental process between tenants, landlords, and real estate brokers which will minimize disputes and find quick solutions to related disputes.

    Landlord and tenants alike will be able to access the network at an approved real estate brokerage office. The authorities have provided that such unified rental agreement will positively affect the legal sector as it will mainly minimize the influx of cases related to the rental industry. 

    The purpose of the contract as provided by the Minister of Justice is to streamline relations and responsibility limits between the contractual parties through its authentication via the electronic network. 

    ]]>
    Thu, 12 Jul 2018 05:50:00 GMT
    <![CDATA[UAE Central Bank Update]]> UAE Central bank has issued a new banking system which regulates and makes provisions for circumstances in which bank accounts become dormant, and bank balances are left unclaimed.

    This new system aims to regulate the handling of dormant bank accounts and to ensure that the banks follow the relevant criteria as prescribed by the Central Bank. The new system is to provide a general framework for control and protection of banks' dormant accounts and a structure regarding how to deal with inactive accounts and unclaimed balances.

    This new system seeks to achieve the following:

    • To enable customers or beneficiaries of bank customers to recover the balances of such dormant accounts;
    • To provide a method of notification every three months to ensure accounts are not inactive;

    The application of the new system to bank accounts will depend on:

    • If the account has been dormant for seven years and the total amount of dirhams exceeds AED 3,000;
    • If the customer holding the account does not have another active account at the same bank;
    • If the address of the account holder is unknown.

    Once the bank complies with the abovementioned requirements, it will transfer the amount to the "unclaimed balances account" where it will remain until the beneficiary claims such amount.

    The new system provides the relevant criteria for determining the accounts receivable and unclaimed balances as follows:

    • Deposit accounts – these include savings accounts, personal current accounts or demand accounts. For this account to qualify no withdrawal or deposit transactions must have occurred for six years from the date of the last transaction, an exception to this would be the fees due to the bank that is electronically posted by the system and transactions restricted by the bank. In cases of a fixed or short-term deposit account, the term in which there must not have been a deposit in the account is five years – this is where there is no automatic renewal provision.
    • Bank cheques – this new central bank system also provides a regulatory framework for bank cheques or cash orders which have not yet been claimed by the beneficiary or the account holder for a year, despite the bank trying to contact such holder or beneficiary. As a requirement, the bank is obliged first to publish two advertisements in local newspapers. The second being in Arabic providing the details of the unclaimed amounts. Following this, should the bank receive no response, the bank with transfer the balance to the Banks' "Unclaimed Balances Accounts." The bank will be entitled to deduct the actual fees, if any, and must inform the Central Bank.
    • Shares and Guarantees – the new system provides a framework for the process of how to deal with unpaid dividends of unclaimed shareholders where such shares are unclaimed for one year. The Bank is required as per the new system to publish a declaration in two local newspapers, one Arabic and the other English, and wait for three months. After the expiry of such months, the bank will transfer the amount to the "Unclaimed Balances Account." There is a requirement for notification to the Central Bank only where the amount exceeds AED 1,000,00. 
    • Trust funds – in pursuance of the new regulatory system, if a trust fund has not been paid out for more than two years. The Bank shall advertise such trust in two local newspapers, and after three months, the fund must approach to the court to appoint a person to oversee the opening of the fund and to issue instructions on disposition of its contents or to select a legal guardian.
    ]]>
    Mon, 09 Jul 2018 03:33:00 GMT
    <![CDATA[Implementation of the Guidance on Regulation of Crypto Asset Activities in the ADGM]]> Implementation of the Guidance on Regulation of Crypto Asset Activities in the ADGM

    The Abu Dhabi Global Markets (the ADGM) has recently issued that 'Guidance on Regulation of Crypto Asset Activities in the ADGM' (the Regulation). This Regulation has come as a supplementary to the Initial Coin and Token Offerings Guidelines issued on 9 October 2017 (the ICO Guidelines). While the latter provided a basic framework on the different types of virtual instruments in the market space and clearly defined their boundaries, the Regulation has set out clear guidelines for crypto exchanges, custodians, and intermediaries. The Regulations have been issued as per section 15(2) of the Financial Services and Markets Regulations, 2015 (the FSMR) and apply to the following persons: -

  • parties applying for FSP or Financial Services Permission to operate a crypto asset business under the purview of the ADGM;
  • any authorized party operating a crypto asset business under the purview of the ADGM; or
  • an investment exchange operating a crypto asset business in the ADGM.
  • The United Arab Emirates(UAE) has been testing the waters on the life of cryptocurrency for long and therefore, is silent on the subject of its regulations till yet. However, the issuance of the Regulations shows that the ADGM wishes to invite companies and individual investors from around the globe.

    The FSRA regulates the category into which different types of digital assets or instruments shall fall. The regulation divides digital assets into three different groups and provides for the legal nature of each type. The types of digital assets supplied for are non-security tokens, security tokens and, crypto assets.

  • Non-security tokens explained by using the example of a utility token;
  • Security tokens  defined as digital assets with characteristics of security – for instance, tokenized offerings of security; and
  • Crypto assets explained as cryptocurrencies (such as Bitcoin, Ether, etc.).
  • The creation of Digital assets is from funds/derivatives provided for digital assets such as collective investment funds investing in digital assets.

    The new FSRA regulatory approach includes only security tokens and crypto assets within its ambit of regulation. Utility tokens are treated as commodities and do not fall within the specified investments classification under the FSMR.

    The Financial Services Regulatory Authority (the FSRA) (regarding Spot Crypto Asset Framework) defined Crypto Assets as: -

     a digital portrayal of value that is digitally purchased and sold; and portrays the function of (a) a medium of exchange; and/or (b) a unit of account; and/or (c) a store of value; as long as it does not have a legal tender status in any jurisdiction. Therefore, by definition, a Crypto Asset is -

  • not issued or guaranteed by the authorities of any jurisdiction, and fulfills the abovementioned functions only by agreement within the community of users of the said asset, and
  • is distinguished and separated from fiat Currency and e-money.
  • Further, the below table has laid down the regulatory approach to various categories of digital or virtual instruments: -

    Category of Digital Assets /Instruments

    Regulatory Approach

    1.

    "Security Tokens" (e.g. virtual tokens that

    have the elements and attributes of a Security under the FSMR, Offers, Debentures, Units in a Collective Investment).

    Regarded to be Securities compliant with Paragraph 58(2)(b) of FSMR. Every single budgetary administration exercises in connection to Security Tokens, for example, working essential/optional markets, managing/exchanging/overseeing interests in or exhorting on Security Tokens, will be liable to the pertinent administrative prerequisites under the FSMR.

    Market delegates and market administrators managing or overseeing interests in Security Tokens should be authorized/endorsed by FSRA as FSP holders, Recognized Investment Exchanges or Recognized Clearing Houses, as appropriate.

    2.

    "Crypto Assets" (e.g. non-fiat virtual monetary forms).

    Regarded as items and, in this manner, not considered Specified Speculations under the FSMR.

    In accordance with the Spot Crypto Asset Framework, be that as it may, advertise middle people (e.g. specialist merchants, caretakers, resource supervisors) and Crypto Asset Exchanges managing in or overseeing Crypto Assets will be authorized/affirmed by FSRA as OCAB Holders. As it were exercises in Accepted Crypto Assets will be allowed.

    3.

    "Utility Tokens" or "Non-Security Token" (e.g. - virtual tokens that do not show the highlights and qualities of a directed venture/ instrument under the FSMR. )

    Regarded as products and, hence, not esteemed Specified Ventures under the FSMR.

    Except if such Utility Tokens are gotten under the meaning of Crypto Resources, spot exchanging and exchanges in Utility Tokens don't constitute Regulated Activities, exercises imagined under an Acknowledgment Order (e.g., those of a Recognized Investment Exchange or on the other hand Recognized Clearing House), or exercises visualized under the Market Rules (MKT).

    4.

    Derivatives and Collective Investment Funds of Crypto Assets, Security Tokens and Utility Tokens

    Directed as Specified Investments under the FSMR. Market go-betweens and advertise administrators managing in such Subordinates and Collective Investment Funds should be authorized /affirmed by FSRA as FSP holders, Recognized Investment Trades or Recognized Clearing Houses, as pertinent.

     

    As per the guidelines (section 30) of the FSMR, the granting of FSP will be to any applicant who qualifies for authorization in line with the Spot Crypto Asset Framework. The Regulations have also laid down the specific applicability of the term OCAB (Operating a Crypto Asset Business) for interpretation and excluded the following activities for the avoidance of any ambiguity in this regard: -

  • the development or administration of Crypto Assets;
  • the development, dissemination or utilization of specific software for mining a Crypto Asset;
  • the transfer of Crypto Assets;
  • a loyalty point scheme that is denominated concerning Crypto Assets; or
  • any other activity that the FSRA deems not to constitute operating a Crypto Asset Business to meet the regulator's objective.
  • As per the COBS Rule 17.2.2. The consideration of the following factors for  the determination of whether a Crypto Asset is an Accepted Crypto Asset for the FSRA:

  • A maturity or market capitalization threshold; COBS 17.2.2(a)
  • Other factors – not to be considered definitive or binding, which include:
    • Security;
    • Traceability/monitoring;
    • Exchange connectivity;
    • Market demand/volatility;
    • Type of distributed ledger;
    • Innovation/efficiency;
    • Practical application/ functionality;

    Due to the inherent characteristics of the risk involved in operating a Crypto Asset Business, according to COBS Rule 17.3.  There are a certain number of capital requirements, these include that the capital must be held in fiat form, for those operating a Crypto Asset Exchange, they are required to hold capital resources equivalent to 12 months' operational expenses; and all others are required to hold capital resources equivalent to 6 months' operational expenses.

    Internationally there has been a noticeable rise in concerns due to Crypto Asset activities, explicitly concerning Money Laundering and Financing of Terrorism. International institutions have issued a variety of Digital Asset warnings advising of the significant risks and possibility of illegal uses of Digital Assets. In pursuance of the abovementioned warning, the FSRA comprehensively applies its Anti Money Laundering and Countering Financing of Terrorism framework; it obligates full compliance with, among other things:

  • UAE AML/CFT Federal Laws, including the UAE Cabinet Resolution No. (38) of 2014;
  • The FSRA AML and Sanctions Rules and Guidance; and
  • The adoption of international best practices
  • The FSRA has provided critical considerations for AML/CFT Compliance that an OCAB Holder should consider:

  • Risk-Based Approach – here the holder must understand the risks associated with their activities and must do what they can to mitigate as such;
  • Business Risk Assessment – this includes the identification and assessment of the money laundering risks to which their business is exposed; intrinsic to that assessment is becoming familiar with the characteristics and terminology of the Crypto Asset Industry;
  • Know Your Customer, Customer Due Diligence, and Customer Risk Assessment – the FSRA places an expectation on all OCAB holders to ensure that their Client onboarding processes are fully compliant with the regulations. There is a requirement to implement clear KYC and CDD policies and procedures;
  • Governance, systems, and Controls – an appropriate governance structure must be applied, especially concerning Information Technology governance. The FSRA states that Holders must seek out technical solutions that are fit for purpose – in furthering this requirement due to diligence and risk assessment must be completed to ensure competency and capability;
  • Reporting obligations – OCAB holders are necessitated to establish transaction monitoring systems to detect possible ML and TF activities;\
  • Keeping records –OCAB holders are required to have policies and procedures in place to ensure proper record keeping practices. In understanding the transaction records of many Crypto Asset transactions, it is evident that there is a link between these transactions and the blockchain technology, this requires the holders to implement specific arrangements to ensure access to all relevant information as is necessary.
  • Regarding Crypto Asset Risk Disclosures COBS Rule 17.6 sets out a list of risks that require disclosure to Clients. The Rules states that Holders are to undertake an analysis of the risks, following this, they must make all necessary disclosures to their clients.

    The Spot Crypto Asset Framework contains additional requirements which apply to Crypto Asset Custodians – these include not only the abovementioned requirements for Holders but also COBS 17.8. The FSRA categorizes custodial arrangements as follows:

  • Type 1 – the holder is wholly responsible for custody of the Clients Crypto Assets and provides this service "in-house" through its own Crypto Asset wallet solution;
  • Type 2 – the holder is wholly responsible for the custody of the Clients Crypto Assets but outsources this service to a third-party Crypto Asset Custodian; and
  • Type 3 – the holder wholly allows Clients to "self-custodise" their Crypto Assets.
  • ]]>
    Mon, 25 Jun 2018 06:41:00 GMT
    <![CDATA[New Arbitration Law will have Positive Impact on both Domestic and International Business]]> New Arbitration Law will have Positive Impact on both Domestic and International Business

    The UAE has revealed the long-awaited new 'Federal Arbitration Law' that will have a long way connecting the country's position as the most attractive hub for arbitration in the Middle East and North Africa region. His Highness Sheikh Khalifa bin Zayed Al Nahyan repealed the former law governing arbitration in the UAE and issued new Federal Law Number 6 of 2018. The previous arbitration law of 61 articles which relies on the UNCITRAL model law will significantly rebuild UAE arbitration law. It is expected that this new arbitration law will build a reputation for the UAE and UAE will become the preferred seat for international arbitration in this region. This new law will encourage more foreign direct investment into the UAE since it will become the most preferred place of international arbitration.

    This new arbitration law provides greater certainty of outcome, within a recognized international framework for conflict resolution. There are rumors that the new law will come into effect one month after its publication in the Official Gazette. Significant changes identified in the new law compared to previous regulation includes recognition of arbitration agreements made by modern communications methods such as e-mails as well as recognition of the competence rule with arbitrators provided with the power to decide their jurisdiction. The law allows preliminary orders and interim measures and also ensures that enforcement is not automatically stopped if the award is challenged. As per the new regulation, arbitrators are empowered to award costs. A provision is introduced for joinder of parties to arbitral proceedings and as per the new law arbitral proceedings, and the arbitral award are considered to be confidential unless it is agreed by the parties.

    The articles of the New Arbitration Rule will substitute Articles 203 to 218 of the UAE Federal Law Number 11 of 1992 and currently, UAE Civil Procedure Code will regulate arbitrations in the UAE. The New Arbitration Law will apply to the following:

  • Any arbitration directed within the UAE, unless the parties have concurred another law ought to use, furnished, there is no contention with public order and moral equality of the UAE.
  • Any international commercial arbitration performed abroad if the parties have picked the New Arbitration Law to regulate such arbitration.
  • Any arbitration emerging from a conflict in respect of a legal relationship, whether contractual or not, to which the utilization of UAE law is compulsory, save as excluded by special provision.
  • The New Arbitration Law relies on universally accepted UNCITRAL Model Law, and some of the most significant changes established by the new law include:

  • Identification of the arbitration agreement made by electronic communication such as email.
  • Rule recognition of competence subject to 15 days' claim period to the UAE Courts.
  • The arrangement is made for joinder of partied to arbitral proceedings.
  • Allows both arbitral tribunals and courts to issue initial orders and interim measures relating to potential or ongoing arbitrations.
  • The content of the arbitral award is confidential unless parties concur something else.
  • Grants enforcement of interim and partial awards.
  • Limits party's capacity to challenge an award, either entirely or partially, to a 30-day time frame from the time of the notification of honor to the parties, and guarantees that enforcement proceedings are not automatically remained up to the initiation of annulment proceedings.
  • While the New Arbitration Law will welcome news to the organizations and legitimate experts together.

     It will be giving more noteworthy sureness of result inside a recognized international framework. Further,  it will be reinforcing the UAE's reputation for being a center for worldwide arbitration; until the point that the UAE Courts entirely comprehend the utilization of the New Arbitration Law, intervention focuses, authorities, lawful professionals and parties to potential and continuous arbitration it will undoubtedly make some underlying vulnerabilities.

    Multinational corporations are preferring arbitration since it is more cost effective and time saving out of court settlement procedure. UAE is already the well-established port for the international business, therefore it increases the rate of conflict between the companies and the preferable solution is arbitration. Multinational corporations to avoid jurisdiction disputes, they already have the arbitration clause in their contract which usually consists of Dubai International Arbitration Centre (DIAC) as its preferred seat of arbitration to resolve the dispute. The introduction of this New Arbitration Law is expected to increase FDI in the UAE since the provisions amended within it are flexible and favorable for the foreign entity as mentioned above.



     

    ]]>
    Thu, 24 May 2018 18:01:13 GMT
    <![CDATA[Bahrain Legal Update]]> Bahrain Legal Update

    Law Number (4) of 2018 Ratifying the Agreement between the Government of the Kingdom of Bahrain and the United States of America (USA) to Improve International Tax Compliance and to Implement FATCA, and its Annexes I and II.

    Overview

    It is an Agreement concerning the improvement of International Tax Compliance and implementing Foreign Account Tax Compliance Act (FATCA). It has its basis on internal reporting, and automatic exchange, subject to the confidentiality and other protections, including the clauses limiting the usage of the information exchanged was between the Government of the United States of America (the USA) and the Government of the Kingdom of Bahrain (Bahrain).

    What the Agreement Entails?

    The agreement consists of 12 Articles

    • As per Article 12 (1), it shall come into force on the date of written notification from Bahrain to the US that all internal processes have been completed to ensure that all standards and specifications are met to entail the procedure.
    • Article 2 states that Bahrain shall be responsible for obtaining information from all reportable financial institutions on the name, address and US TIN of each US account holder. It will also apply to Depository accounts and Custodial accounts.
    • As per the Article 3 of the Agreement, the information obtained is to be exchanged automatically on an annual basis, and the amounts may be definite by the principles of the tax laws of Bahrain. Further to this, the currency in which the information is delivered should be identified. This Article also discusses the time and manner in which the data is to be collected and shared.
    • Regarding the general collaboration, if the Competent Authority of either party wishes to set forth or alter any terms, Article 5 (1) states that a follow-up request may be made by the US competent Authority, under which the Bahrain Authority shall provide additional information relating to a US reportable account.
    • Article 5 (2) states that if the US Competent Authority believe any minor or administrative errors have occurred, they shall notify the relevant authority in Bahrain. To ratify it, Bahrain shall apply its domestic laws to fix the issue.
    • In the case of non-compliance on the part of any Bahrain financial institution, Bahrain shall amend the error by way of their domestic laws as per Article 5 (3).
    • Under Article 7 of the agreement asserts that Bahrain shall be granted the benefit of more favorable terms as under Article 4 of Annex I of this agreement. Should more favorable conditions arise, the US should notify Bahrain, and under Article 7 (2), these terms shall automatically be applied as long as they have been specified before the signing of the agreement and were agreed upon during the time of signing.
    • Article 8 states that if doubts or difficulties arise in this agreement, the parties should look to reach mutual agreements as to how the matters can be resolved. 
    • Article 9 concerns the confidentiality between the parties over this agreement and the information obtained as a result of it.
    •  As per Article 12 (4), Article 9 will sustain any termination of this contract. This agreement may be amended if both parties mutually agree to the amendment. Article 12 also states that if either party wishes to make any changes to this agreement before December 31, 2018, they may consult in good faith to amend and reflect progress on commitments outlined in Article 6 of this agreement.
    • It gives the flexibility to either of the parties to terminate this Agreement by providing a written notice mentioning termination to the other party. The separation shall become effective on every first day of the month following the expiry of the 12months post the date of the termination notice.

     

    ]]>
    Wed, 23 May 2018 04:07:00 GMT
    <![CDATA[Capital Market Authority’s decision No. 1-3-2018 dated 22/4/1439 A.H. Corresponding to 9/1/2018 A.D]]> Capital Market Authority's decision No. 1-3-2018 dated 22/4/1439 A.H. Corresponding to 9/1/2018 A.D. Adopting the Rules Regulating Qualified Foreign Financial Institution's Investment in Listed Securities

    Overview

    The proposal for the original draft for this amendment came in November of 2017. This decision was issued in Saudi Arabia and is dated for the 9th of January 2018 by the CMA, and the purpose was to amend the country's Qualified Foreign Investors (QFI) framework. The amendment aims to allow greater ease for foreign investors to expand within the state. 

    The primary changes brought about by the bill includes the following:

    The first and foremost is eliminating the CMA review requirement and QFI qualification approval. The reduction of these requirements would streamline the processes and reduce the time for the foreign entities to be approved of to perform business within the country.

  •  Lowering the custody/AUM (Assets under Management) requirements from $1 billion to $500 million. Initially, the AUM total was around $5 billion.
  • Reducing and easing the continuous requirements and obligations a business would have for the QFI.
  • Qualifying the affiliates of QFI or foreign portfolio managers and their managed funds without needing to submit separate applications.
  • The goal of the alterations is to update the system and modernize it, which would ensure the most streamlined and investor-friendly experience possible.
  • Why now?

    The larger overarching goal of the reforms is to open up the Saudi Arabia stock exchange, and Saudi Arabia is planning what could well be one of the most extensive initial public offerings in the world. It is an important step forward for the economy of the country.

    The country currently has a high oil-reliant economy. With oil being a finite resource, it would be something the country would look to change, and this is a way in which the Kingdom is looking to achieve this.

    Another significant change related to this is that foreigners will be allowed to own up to 49% of businesses within the country. It is a highly impactful change, and up from the previous 10% figure that was the norm before this amendment, and will be quite attractive a prospect to potential foreign investors

    This amendment is part of a broader set of changes that are occurring within the country as they move to creating a more stable economy, with other changes including the sale of shares of Saudi Aramco, along with further assets they own in football clubs, etc. All the funds that are raised from these sources will go towards the creating the Saudi Arabian Sovereign Fund

    In June 2015, the QFI program was initially introduced, with amendments being previously issued in 2016. These latest updates, which came into effect on 23rd January 2018 look to push the program further forward and broaden access to potential new foreign firms.

    ]]>
    Wed, 23 May 2018 03:23:00 GMT
    <![CDATA[Employee Entitlement to 90 Days of Sick Leave after 3 Months’ Probation Period in the UAE]]> Employee Entitlement to 90 Days of Sick Leave after 3 Months' Probation Period in the UAE

    An employee of either private or public company are entitled to 90 days of sick leave, but it will apply after three months' probation period. The question that arises here is whether it will apply to an employee with a contract of limited duration with the company?  Article 83(2) of the Federal Law Number 8 of 1980 governs employment relations in the UAE states "If an employee has completed its probation period of three months in the constant service of the employer, then he /she falls ill, they shall be entitled to sick leave not exceeding 90 days".  The Federal Law number 8 of 1980 does not specify whether it will be applicable for an employee with the limited duration contract or not. It is unsaid rule that it applies to both limited and unlimited duration contract with the employer.

    An employee can utilize up to 90 days' sick leaves in a year and the breakup of these days is as such:

  • Payment of full remuneration for the first 15 days of sick leave.
  • Payment of half of the remuneration for next 30 days of the sick leave.
  • No paid remuneration after 45 days of the sick leave.
  • The breakdown of sick leave illustrates that if an employee avails up to 90 day's sick leave in one go then no more paid sick leave he/she would be able to avail in the whole year. After 90 day's of ill leave, no remuneration is given.  For instance, if your weekend is Friday and Saturday and you get flu on Thursday and take Thursday and Friday off, still you will be taking four days' sick days even though you are only taking two working days to recover. There is a debate over the fact that if an employee is diagnosing with some major sickness for which they need to utilize 90 day's sick leave plus additional extra days to recover from the surgery or treatment the person went through, so will they be compensated or paid for the recovery period?  Once again the Article 83 (2) of the Federal Law Number 8 of 1980 strictly states that no remuneration after 90 days which seems to be a bit complex for those who have been diagnosed with some serious illness and requires more than 90 day's sick leave. The remedy to that issue is in Article 85 of the Employment Law where an employee is entitled to utilize its indemnity bond with the company.

    Furthermore, as per Article 85 of the Employment Law, an employer can terminate employee's contract on the finishing of 90 days of sick leave if they are not able to resume work.  Article 85 of the Employment Law states that "An employer may abort the service of an employee after the period of sick leave, as mentioned in Article 82,83 and 84 of this Law. If an employee is not able to recommence work even after sick leave, then an employee is authorized to an indemnity by the provisions of this Law."

    If the employer breaches the contract with the employee without notifying them, then the employee has right to file a complaint before the Ministry of Labour in the event if the employee and employer are unable to reach an amicable solution. An employee can claim for compensation from the employer for breaching the limited contract. If the Ministry of Labour is unable to reach an amicable settlement between the parties, then an employee can file a complaint in the courts of UAE. For example, if an employee is pregnant for the second time while she is on maternity leave, employer terminates her employment then she can file a complaint before Ministry of Labour for breaching of a limited contract without her notification. If the Ministry of Labour is not being able to resolve the situation and reach the settlement between employee and employer, then an employee can file a complaint in the courts of the UAE.

    ]]>
    Wed, 23 May 2018 03:01:00 GMT
    <![CDATA[Federal Cabinet Resolution Number 4 of 2018 Establishing theFinancial Restructuring Committee]]> Federal Cabinet Resolution Number 4 of 2018 Establishing theFinancial Restructuring Committee

    On issuance of Federal Bankruptcy Law under the Federal Decree No. 9 of 2016 for various bankruptcy cases. On 19 October 2017, the current Cabinet members have been reshuffle by H.H. Sheikh Mohammad bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai.  Cabinet Resolution, Number 4 of 2018, establishes a Financial Restructuring Committee (FRC) and it was first published in Official Gazette on 28 February 2018 and was enforced on 1 March 2018.

    The Resolution lays down the terms about its members and their relevant functions. FRC is responsible for the following:

  • Directing the execution of the government for UAE Federal Bankruptcy Law and dealing with the different registers reviewing that law. It additionally comprises bankruptcy master to explore the indebtedness of the financial establishment.
  • It is in charge of overseeing out of court rebuilding forms for authorized budgetary foundations.
  • Part of the Financial Resolution Committee

    The Financial Resolution Committee (FRC) will have the following functions:

  • The administering the administration of out of court rebuilding of money related establishments.
  • approving and managing the role of experts and trustees who will oversee bankruptcy processes.
  • maintaining the registers of disqualified directors and bankrupt companies inspected under the UAE Bankruptcy Law.
  • Detailing back to the Minister of Finance on crafted by the FRC.
  • A raising voice of open consciousness of the UAE Bankruptcy Law.
  • Who will accommodate on the Financial Resolution Committee?

    The FRC is required to contain nine individuals, which incorporates delegates of every one of the Ministry of Finance, the Ministry of Economy, the Ministry of Justice, the Central Bank, the Securities and Commodities Authority, and the Governments of Abu Dhabi and Sharjah.

    When can an organization apply for a financial restructuring?

    A financial institution can apply to FRC if it:

  • is in financial distress but is not yet insolvent for the UAE Bankruptcy Law.
  • is not in a preventative composition or bankruptcy process under the UAE Bankruptcy Law.
  • has not been subject to a financial restructuring in the preceding year.
  • The application process for restructuring entails that, a financial institution must submit specific information to the FRC, including assessment of institution's funding needs for next 12 months. The institution may appoint an expert from the role of experts to oversee its financial restructuring.

    Consequences of accepting FRC application

    Once the FRC application is approved then following are the consequences:

  • A specialist will be designated to manage the rebuilding procedure.
  • An account holder will keep on managing business all through the money related rebuilding process.
  • On acknowledgment of FRC use of monetary rebuilding, at that point, any commitment on the money related establishment to petition for chapter 11 under the arrangements of the New Bankruptcy Law will be suspended.
  • Part of the master in a budgetary rebuilding

    The ace assigned to oversee the modifying of a cash-related association will:

  • survey the monetary and fiscal status of the borrower.
  • encourage a consensual assertion between the borrowers and banks.
  • Give the account holder proposition to proceed with its business and hold its representatives.
  • Display the month to month reply to the FRC to keep it instructed of progress.
  • grasp some different endeavors designated by the FRC.
  • Exactly when will the cash relate revamping end?

    On coming to upon the consensual assertion between the advance managers and record holders, the cash related settlement will end if the record holder fails to pay the necessary charges and expenses.

    Who are the specialists?

    Specialists can be characteristic or legitimate people. Anybody can apply for the post of specialists on accommodation of an application to the secretariat of the FRC. FRC is engaged to expect specialists to pass specific courses in the field of rebuilding and the enrolment of chapter 11 on the part of specialists. The record of master's qualification will be in an electronic enroll. To wrap things up, both the determination and the UAE insolvency Law sets out conditions when a specialist can't act regarding a specific rebuilding.

    Procedures of the Federal Resolution Committee

      Enrollment

    The FRC is relied upon to involve nine individuals, being agents of every one of the Ministry of Finance, the Ministry of Economy, the Ministry of Justice, the Central Bank, the Securities and Commodities Authority, and the Governments of Abu Dhabi, Dubai, and Sharjah. At least seven individuals are required consistently.

    The Chair of the FRC will be the Deputy Minister, and the arrangement of the Vice Chair will be by the FRC's individuals at its inaugural gathering. In a further determination of the Cabinet enrollment of FRC will be endorsed.

      A term

    Each part will be delegated for an underlying condition of three years or long haul as is required to procure a substitution agent. Cabinet Resolution renews the appointment.

      Meetings:

    Once at regular intervals.

      Quorum:

    A more significant part of individuals including the Chair and Vice Chair.

       Voting:

    One vote for each part. Resolutions go by a more significant role, subject to seat throwing a tally.

       Resolutions

    The minutes of the gatherings will be recorded, and it might flow all the more broadly at the FRC's caution.

     

       Executives

    The FRC will have a secretariat capacity to deal with it's authoritative, money related and specialized issues.

       Advisors  

    The FRC may invite advisors to attend meetings on a non-voting basis.

       Administrators 

    The FRC will have a secretariat function to manage it's administrative, financial and technical affairs.

     

     

     

    ]]>
    Wed, 23 May 2018 02:39:00 GMT
    <![CDATA[Legal Update: UAE Announces 100% foreign Ownership in Businesses and Ten Year Residence Visa]]> UAE Announce 100% Foreign Ownership in UAE Companies and a 10 Years Residence Visa by the end of this Year

    The UAE government has announced 100% foreign ownership of the UAE companies and granting ten-year resident visas to investors, doctors, scientist and top students. The big news was shared by Ruler of Dubai, H.H. Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, via his Twitter account, following a Cabinet on 20 May 2018. During the Cabinet meeting, the decision came about to put into force the expansion of the 10-year residency visa, and that will have an impact on the UAE's situation as an essential goal for universal speculators and worldwide ability. For students studying in the UAE, the government has agreed to grant five years' residency visas and ten years' residency visa for exceptional students or top students.

    The Cabinet additionally issued guidelines to lead a survey of the residency framework to broadening residency licenses for those supported by their folks in the wake of finishing their college concentrates to encourage their future home in the UAE. The tweet also stated that implementation of these laws would be in the third quarter of 2018. The Ministry of Economy would be responsible for implementing these laws by the third quarter of this year. This 100% foreign ownership will attract global investors to participate in the upcoming event of Dubai Expo 20-20. The post result of 100% foreign ownership would be that the UAE will be a global incubator since it will increase Foreign Direct Investment (FDI) and will increase GDP of the UAE. There is a prediction that this 100% foreign ownership will strengthen the UAE's economy and would be able to extract UAE from the ongoing economic recession.

    ]]>
    Mon, 21 May 2018 11:50:00 GMT
    <![CDATA[Memorandum of Understanding between Abu Dhabi Judicial Department and ADGM Courts]]> Memorandum of Understanding between Abu Dhabi Judicial Department and ADGM Courts

    Over the past years, we have tracked the overwhelming success of the Abu Dhabi Global Markets (the ADGM) – much of this success owed to the ADGM Courts, the integrated and dedicated internal dispute resolution system for the free zone. The ADGM Courts have been known for their dynamic and independent common law framework that dealt with commercial and civil matters. Earlier, people faced a little difficulty in enforcing the judgments of the ADGM Courts as they were required to file a separate petition in the Abu Dhabi Courts. However, the Abu Dhabi Judicial Department and ADGM Courts have recently signed a memorandum of understanding (MoU) for enforcement of judgments. Under this agreement, the Abu Dhabi Government has strived to enhance the Emirate's position in the international market and uplift Abu Dhabi to the eyes of investors from around the globe. Chancellor Yousuf Al Abri, Undersecretary of Abu Dhabi Judicial Department, stated that the agreement provides for reciprocity in enforcing judgments by the Abu Dhabi Judicial Department and ADGM Courts.

    Under the terms of this (agreement) memorandum of understanding, litigants should be able to enforce a judgment of the ADGM Courts in mainland Abu Dhabi without having to go through the procedures and formalities that had proved to be a boon. Now, the parties of a civil or commercial litigation matter can have direct access to the information that may require enforcing judgments in the Emirate. As a result, it is further expected to integrate the judicial system of the Emirate of Abu Dhabi so that parties have easy access to dispute resolution mechanisms. With the implementation of the MoU, parties will no longer have to cross jurisdictions due to enforcement issues. Notably, readers may be interested in our article on enforcing the foreign judgment

    ]]>
    Thu, 17 May 2018 05:43:00 GMT
    <![CDATA[Federal Cabinet Resolution No.4 of 2018]]> FEDERAL CABINET RESOLUTION NO. 4 OF 2018 FORMING THE FINANCIAL RESTRUCTURING COMMITTEE

    On issuance of Federal Bankruptcy Law under the Federal Decree No. 9 of 2016 for various bankruptcy cases. On 19 October 2017, the current Cabinet members have been reshuffle by H.H. Sheikh Mohammad bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai.  Cabinet Resolution No.4 of 2018 forms Financial Restructuring Committee which was published in the Federal Official Gazette Issue 627 on 28 February 2018 and came into force on 1 March 2018. The Resolution sets out the terms of its membership and function. The Federal Restructuring Committee is responsible for:

  • Overseeing the implementation of the federal UAE bankruptcy law and managing the various registers inspecting under that law. It also consists of insolvency expert to investigate the insolvency of the financial institution.
  • It is responsible for supervising out of court restructuring processes for licensed financial institutions.
  • Role of the Financial Resolution Committee

    The Financial Resolution Committee (FRC) will have the following functions:

  • The supervising the management of out of court restructuring of financial institutions.
  • Approving and managing the role of experts and trustees who will oversee bankruptcy processes.
  • Maintaining the registers of disqualified directors and bankrupt companies inspected under the UAE Bankruptcy Law.
  • Reporting back to the Minister of Finance on the work of the FRC.
  • A raising voice of public awareness of the UAE Bankruptcy Law.
  • Who will sit on the Financial Resolution Committee?

    The FRC is expected to comprise of nine members, which includes representatives of each of the Ministry of Finance, the Ministry of Economy, the Ministry of Justice, the Central Bank, the Securities and Commodities Authority, and the Governments of Abu Dhabi and Sharjah.

    When can an institution apply for a financial restructuring?

    A financial institution can apply to FRC if it:

  • Is in financial distress but is not yet insolvent for the UAE Bankruptcy Law.
  • Is not in a preventative composition or bankruptcy process under the UAE Bankruptcy Law.
  • Has not been subject to a financial restructuring in the preceding year.
  • The application process for restructuring entails that, a financial institution must submit specific information to the FRC, including assessment of institution's funding needs for next 12 months. The institution may appoint an expert from the role of experts to oversee its financial restructuring.

    Consequences of accepting FRC application

    Once the FRC application is accepted then following are the consequences:

  • An expert will be appointed to supervise the restructuring process.
  • A debtor will continue to manage business throughout the financial restructuring process.
  • On acceptance of FRC application of financial restructuring, then any obligation on the financial institution to file for bankruptcy under the provisions of the New Bankruptcy Law will be suspended.
  • Role of the expert in a financial restructuring

  • The expert appointed to oversee the restructuring of a financial institution will:
  • Assess the economic and financial status of the debtor.
  • Facilitate a consensual agreement between the debtors and creditors.
  • Provide the debtor with proposals to continue its business and retain its employees.
  • Submit the monthly report to the FRC to keep it informed of progress.
  • Undertake any other tasks assigned by the FRC.
  • When will the financial restructuring terminate?

    On reaching upon the consensual agreement between the creditors and debtors, the financial settlement will terminate. Additionally, if the debtor fails to pay the requisite fees and expenses.

    Who are the experts?

    Experts can be natural or legal persons. Anyone can apply for the post of experts on submission of an application to the secretariat of the FRC. FRC is empowered to require experts to pass specialized courses in the field of restructuring and bankruptcy to be registered on the role of experts. A summary of the expert's credential will be recorded in an electronic register. Last but not least, both the resolution and the UAE bankruptcy Law sets out circumstances when an expert cannot act in respect of a particular restructuring.

    PROCEEDINGS OF THE FRC

    Membership 

    The FRC is expected to comprise of nine members, being representatives of each of the Ministry of Finance, the Ministry of Economy, the Ministry of Justice, the Central Bank, the Securities and Commodities Authority, and the Governments of Abu Dhabi, Dubai, and Sharjah. A minimum of seven members is mandatory at all times.

    The Chair of the FRC will be the Deputy Minister, and the Vice Chair will be appointed by the FRC's members at its inaugural meeting. In a further resolution of the Cabinet membership of FRC will be approved.

    A term

    Each member, will be appointed for an initial term of three years or for long-term as is required to hire a replacement representative. The appointment is renewed by Cabinet Resolution.

    Meetings   

    Once every four months.

    Quorum

    A majority of members including the Chair and Vice Chair.

    Voting

    One vote per member. Resolutions passed by a majority, subject to chair casting a ballot.

    Resolutions 

    The minutes of the meetings will be recorded, and it may be circulated more widely at the FRC's discretion.

    Administrators  

    The FRC will have a secretariat function to manage it is administrative, financial and technical affairs.

    Advisors  

    The FRC may invite advisors to attend meetings on a non-voting basis.

     

     

    ]]>
    Thu, 10 May 2018 01:06:00 GMT
    <![CDATA[New Ministerial Resolution on Teleworking]]> LEGAL UPDATE: NEW MINISTERIAL RESOLUTION ON TELEWORKING

    Ministry of Human Resources and Emiratization (the MHRE) issued Ministerial Resolution Number 787 of 2017 concerning Teleworking (the Resolution).Teleworking, also known as telecommuting, means working from a place outside the traditional office with the help of modern technology to keep in touch with your business. Jobs can be relocated using this system to areas where it is more attractive and convenient or cheaper to live for the employees.

    The UAE has understood the importance ofattracting and retaining talented employees. And soin an effort to develop a better work-life environment for UAE nationals and the necessitate to increase the employment of UAE nationals in private sector, the human resource ministry issued the concerned Resolution.

    Objective of the Law

    To create and provide:

  • Job opportunities for UAE citizens looking for work in remote areas by encouraging the employer to offer teleworking employment options.
  • Flexible work options for UAE citizens with family, to enhance family relationships by improving the balance between work and family.
  • The insight of the Law:

    Definitions

    The Ministerial Resolution has laid down the definitions related to teleworking for interpretation of the provisions concerning teleworking, as follows:

    Teleworking: A work system in which the worker works outside the site designated for the establishment, whether working part-time, weekly, monthly or full-time.

    Teleworking System or Method: A system or method approved by the Ministry of Human Resources to regulate the legal and administrative aspects of teleworking,

    Teleworking Agreement:An agreement between the employer and the worker whereby theResolution enlists the rights and duties of the workers.The contract should include: the number of necessary and flexible working hours, agreed workplaces, wages, allowances, and leaves, As well asany other rights provided for by the Federal Labor Law of UAE.

     Types of Teleworking

    The Ministerial Decision identified the forms of teleworking So that it takes one of the following ways:

  • Part-time teleworking: Where a worker can divide his working time between the first workplace and the teleworking placesin equal or different rate.
  • Full-time teleworking: The type of work whose performance is mainly outside the workplace.
  • Application for Teleworking

  • Only a UAE national can apply for teleworking for a company, who has a prior registration in the teleworking system in the human resources ministry.
  • Before applying the employee is required to complete at least six months of service in the company.
  • The employer should look at all the teleworking application and respond within twenty (20) days including astatement of reasons if the employer rejects the request.
  • The employee cannot apply more than twice in a year for the teleworking system, in a case where the employer rejects his first application.
  • Responsibilities of the Employer:

    The ministerial resolutions statesResponsibilities of the employer who applies the telework systemas follows:

  • The employer must determine the places allowed to perform the teleworking
  • Provide all necessary tools and electronic equipment to complete the work
  • Determination of teleworking hours according to work needs and nature of tasks,
  • The employer must clarify the teleworker's privacy policy through the follow-up programs installed on the workers' devices
  • To consider Health and safety conditions when locating telework-places
  • Develop principles to evaluate the work ofteleworkers compared to their colleagues at the centralworkplace.
  • Responsibilities of the Employee:

    The ministerial resolution also states the Responsibilities of the employee as follows:

  •  Commitment to places and working hours agreed upon with the employer
  •  Maintain the tools and devices that are in his custody and not use them for non-work needs
  • Commitment to teleworkers privacy policy
  • Pay attention to the agreed health and safety conditions with the employer
  • To use the available communication tools to communicate regularly with supervisors and colleagues according to the business requirements.
  • Teleworking sites

    The employer can choose the most suitable workplace agreeable post checking the security and safety requirements.The employer also has the option of other locations including customer offices or home offices  post agreement with the customers. The Ministry of Human Resources will also provide a set of equipped offices for that purpose.

    The application of the teleworking resolution will be for one year from the date of issuance of the decision. The Ministry will collect a report every three months of the teleworking system, which will include the  opinions of the employer who applied the teleworking policy and the views of the employee who worked with this system.

    ]]>
    Thu, 22 Feb 2018 02:58:00 GMT
    <![CDATA[Legal Update: Tax Invoice under UAE VAT Law]]> LEGAL UPDATE ON TAX INVOICE

    Tax Invoice is a written or electronic archive in which the taxable person records complete details of taxable supplies made during the financial year. The Federal Law Number (8) of 2017 concerning the Value Added Tax (the VAT Law) sets down the necessary elements required for a Tax Invoice along with the Executive Regulation Number 52 of 2017 concerning regulations on VAT (the VAT Regulation). It is fundamental that all taxable activities issued under the VAT administration meet these prerequisites. If a Tax Invoice issued don't fit the required criteria, it could prompt an Administrative Penalty. Henceforth, organizations should take measures to guarantee that Tax Invoices issued under VAT are precise and complete.

    Under the VAT law in UAE, a Tax Invoice is to be issued by all registrants for assessable supplies to other registrants, where the provisions surpass AED 10,000 (UAE Dirhams ten thousand).

    There are two types of tax invoices; simplified VAT invoice and a detailed VAT invoice. The simplified VAT invoice is for supplies less than the specified amount. It issues when the clients are retail purchasers and don't have to give a VAT number. This kind of receipt is for supermarkets and retail industry. Detailed VAT invoice is for supply more than the predetermined sum. This sort of revenue is for wholesalers and merchants managing in higher amounts.

    1) A simplified Tax Invoice must comprise of the following specifics:

  • "Tax Invoice" evidently presented on the invoice.
  • The Name, Address, and Tax Registration Number (TRN) of the Registrant.
  • As per Article (25) of the VAT law, the date on which goods the company or the taxable person transfers the products should be present on the tax invoice.
  • As per Article (27) of the VAT law, a description of the Goods or Services supplied should be there on the tax invoice.
  • The total Tax amount charged.
  • 2) A detailed tax invoice shall comprehend all of the following particulars:

  • The words 'Tax Invoice' visibly presented on the invoice.
  • The name, address, and TRN of the recipient.
  • The name, address, and TRN of the Recipient where he is a Registrant.
  • A unique Tax Invoice number which enables identification of the Tax Invoice and the order of the tax Invoice in any arrangement of invoices should be present on the invoice.
  • The date of issuing the Tax Invoice.
  • The date of supply if different from the date of the Tax Invoice which the company issues.
  • An explanation of the Goods or Services supplied.
  • The unit price of goods or services, the quantity supplied, the rate of Tax and the amount payable articulated in AED.
  • The amount of any discount if applicable.
  • The gross amount payable expressed in AED.
  • The Tax sum payable expressed in AED together with the rate of exchange applied where the currency is different from the UAE Dirhams.
  • Article 59 of the VAT Regulations provides a complete format of the Tax Invoice. The supplier can plan its tax invoice and organize in light the prerequisite, yet needs to guarantee that the tax invoice has all the data mentioned above. 

    ]]>
    Sat, 03 Feb 2018 05:01:00 GMT
    <![CDATA[Legal Update: New Cabinet Decision on VAT]]> Ministry of Finance Issues Cabinet Decisions for Implementation of VAT

    The Vice President and Prime Minister of the UAE His Highness Sheikh Mohammed bin Rashid Al Maktoum on 9 January 2018 issued two Cabinet Decisions. The Cabinet Decision Number 59 of 2017 concerning the Designated Zone (the Cabinet Decision for Designated Zone) and Cabinet Decision Number 56 of 2017 regarding Medications and Medical Equipments subject to Tax at Zero-Rate (the Cabinet Decision for healthcare) for applying Federal Law Number 8 of 2017 on Value Added Tax (the VAT Law). The former decision provides a list of designated zones exempted from tax, whereas, the latter shed light on zero-rate tax in the healthcare sector.

    Cabinet Decision 59 of 2017 concerning Designated Zones

    The Article 1 of the Cabinet Decision for Designated Zone stipulates that the designated zones annexed with the Cabinet Decision meet the requirement of the Cabinet Decision Number 52 of 2017 on the Executive Regulation of the VAT Law (the Executive Regulation) and shall be considered as Designated Zones for the implementation of VAT Law. However, the term Designated Zones is defined under the Executive Regulation as below:

    ' Any Designated Zone specified by a decision of the Cabinet shall be treated as being outside the State and outside the Implementing States, subject to the following conditions:

    i.The Designated Zone is a specific fenced geographic area and has security measures, and Customs controls in place to monitor entry and exit of individuals and movement of goods to and from the area.

    ii.The Designated Zone shall have internal procedures regarding the method of keeping, storing and processing of Goods therein.

    iii.The operator of the Designated Zone complies with the procedures set by the Authority.'

    The Executive Regulation further states that if the Designated Zone changes the manner of operations and does not fall under the conditions mentioned above, it will then be taken into consideration as being in the state.

    The Cabinet Decision for Designated Zone provides a list of 20 free zones in the UAE which will be considered as Designated Zones, which are as follows:

    Free Zone in Abu Dhabi

    1.       

    Free Trade Zone of Khalifa Port

    2.       

    Abu Dhabi Airport Free Zone

    3.       

    Khalifa Industrial Zone

    Free Zone in Dubai

    4.       

    Jebel Ali Free Zone (North-South)

    5.       

    Dubai Cars and Automotive Zone (DUCAMZ)

    6.       

    Dubai Textile City

    7.       

    Free Zone Area in Al Quoz

    8.       

    Free Zone Area in Al Qusais

    9.       

    Dubai Aviation City

    10.    

    Dubai Airport Free Zone

    Free Zone in Sharjah

    11.    

    Hamriyah Free Zone

    12.    

    Sharjah Airport International Free Zone

    Free Zone in Ajman

    13.    

    Ajman Free Zone

    Free Zone in Umm Al Quwain

    14.    

    Umm Al Quwain Free Trade Zone in Ahmed Bin Rashid Port

    15.    

    Umm Al Quwain Free Trade Zone on Sheikh Mohammed Bin Zayed Road

    Free Zone in Ras Al Khaimah

    16.    

    RAK Free Trade Zone

    17.    

    RAK Maritime City Free Zone

    18.    

    RAK Airport Free Zone

    Free Zone in Fujairah

    19.    

    Fujairah Free Zone

    20.    

    FOIZ (Fujairah Oil Industry Zone)

     

    Article 2 of the Cabinet Decision for Designated Zone also authorizes the FTA to make amendments to the list mentioned above by way of adding any new Designated Zone or deleting the existing Designated Zone.  Article 3 of the Cabinet Decision for Designated Zone suggests that the Ministry of Finance will further lay down decisions for proper implementation of this Cabinet Decision, which will provide absolute clarity regarding the VAT implementation on Designated Zones.

    Importantly, the transfer of goods between the Designated Zones will be exempted from tax as mentioned under Article 51 of the VAT Law, subject to the clause that goods are not altered during the transit or the transfer was in accordance with the GCC Common Customs Law. The FTA in this regards has the authority to seek guarantee which is equivalent to the tax liability for the goods in transit if the authority is of the opinion that the goods so transferred does not meet the pre-conditions. The Cabinet Decision abrogates any provision which will violate or conflict with the provisions of this Cabinet Decision for Designated Zone as mentioned under Article 4 of the Decision. The last Article of the Cabinet Decision states the implementation of this Decision which will come into effect from 1 January 2018.

    Cabinet Decision Number 56 of 2017 concerning Medications and Medical Equipments subject to Tax at Zero-Rate

     The Cabinet Decision on Healthcare explains the medications and the medical equipment which are exempted from the tax. Article 1 of the Cabinet Decision for Healthcare defines Medications or Medical Equipments as follows and the words mentioned in the definition will have the meanings assigned unless the context otherwise states:

    Medications

    Every product containing a substance(s) which achieves the intended objective in or on the human body via biological effect, which is produced, sold or offered for use in cases relating to diagnosing, treating, healing, relieving or preventing diseases, or renewing, correcting or rehabilitating the function of body organs.

    Medical Equipment

    A medical product containing a substance, device, instrument, motor, implant, detector or system, including its accessories and operating software, which achieves the intended objective in or on the human body without medicinal, immunological or metabolic effect, which is produced, sold or offered for use in cases relating to diagnosing, treating, relieving, controlling or preventing diseases, injury or disability.

    According to Article 2 of the Cabinet Decision for Healthcare, the supply of medications or medical equipment which are registered with the Ministry of Health (MOH) or is imported within the country with the prior approval of MOH will be subject to zero-rate tax. Wherein the VAT Law under Article 44 and 45 mentions that the supply and import of Goods and Services mentioned in the chapter made by a Taxable Person shall be a taxable Supply to the zero-rate. Article 45 of the VAT Law specifies a list of supply which will be subject to zero-rate, wherein the supply of preventive and basic healthcare services and other related goods will also be subject to zero-rate.

    Article 3 of the Cabinet Decision for Healthcare authorizes Ministry of Finance in order to issue relevant decisions for proper implementation of this cabinet decision. It is also important to note that any other provision of law which violates or conflict the provisions of this Cabinet Decision will stand abrogated.

    Lastly, both the Cabinet Decisions though passed after one week of implementation of the VAT Law, will have a retrospective effect starting from 1 January 2018. Ergo, it is advised to make required changes to the business transactions which have taken place post the implementation of the VAT.

     

    ]]>
    Thu, 11 Jan 2018 12:00:00 GMT
    <![CDATA[Abu Dhabi Issues Law Number 13 of 2017 Concerning Judicial Fees]]> Legal Update: Abu Dhabi issues Law Number 13 of 2017 concerning Judicial Fees

    On 26th July 2017, His Highness Sheikh Khalifa Bin Zayed Al Nahyan, as the ruler of the Emirate of Abu Dhabi issued Law Number 13 of 2017 regarding the Judicial Fees payable in the Emirate (the New Law). The court fees are explicitly the fees that the litigant has to settle for filling of the lawsuit before the respective court.

    The New Law has restored the cap on the fees payable to the Court of First Instance (civil and commercial) claims, however, which under the Law Number 6 of 2013 (the Previous Law), was three (3) percent of the value of the claim with no capping. The fees are now fixed at AED 5,000 and AED 1,000 respectively. The Previous Law had two groups of fees, AED 1000 for arbitral awards and foreign judgments if the claim was an unquantified sum, and the second fees at three (3) percent of the claimed amount with no cap if the amount was quantified.

    Significant Changes Introduced by The New Law are as follows:

    Article 28 of the New Law highlights the court fee which is set at five (5) percent of the total claim amount for filing a case before the Court of First Instance with a cap of AED 40,000. This is a significant change as unlike the value of the claim the cap will be set to AED 40,000. In comparison with Dubai Law Number 21 of 2015 concerning judicial fees in Emirate of Dubai (the Dubai Law) has capped depending on the value of the claim. However, the New Law for Abu Dhabi gives it set boundaries. A cap of AED 5000 is set for the ratification and termination of arbitral awards. This is an important modification from the Previous Law which required three (3) percent of the value of the award. Foreign judgments can be enforced at a fixed sum of AED 1000 before the Abu Dhabi courts. Alterations have also been made to the fees relating to several claims, applications and the rates for appeals.

    Article 14 mentions about the known value of articles, a fixed fee of AED 500 is charged on filing in court. For a lawsuit of unspecified value, a fixed fee will be charged primarily depending on the type of case as mentioned in Article 29. The foregoing article stipulates different fees to be paid to the court under certain circumstances which are as follows:

    ·        The claimant has to pay AED 300 as outlined in Section 1a of Article 29 for claims concerning urgent judiciary;

    ·        The claimant is required to pay AED 1,500 in the criminal court as mentioned under Section 1b of Article 29;

    ·        The Article further stipulates a specific amount of AED 4,000 if the claim amount is more than AED 50,000 as set out Section 1c.

    Under Article 50 of the Previous Law, a fee of AED 20 applied to thirteen (13) different types of requests, such as bail and obtaining the accused's criminal records. However, the New Law has dismissed the fees payable for various requests related to criminal matters. This fee is no longer payable for such requests. The new categories and fees have also been introduced under the Fee Schedule encompassed in Article 60 of the Law. A change in the amount of the fee has differed compared to the previous fee structure.

    Impact of the New Law

    The new changes to the law will open doors to lawsuits in the region especially for higher value claims as it is more economical due to the re-introduction of the cap of AED 40,000. It will contribute to the Emirate's reputation for providing an efficient and inexpensive medium for resolving disputes. The reinstatement of the cap of the court fees will enable litigators access to court affordable and fair. This will enhance competition as individuals, and small business will no longer be paying the high cost of court fee and ease the burden of filing cases.

    ]]>
    Mon, 04 Dec 2017 12:00:00 GMT
    <![CDATA[Dubai issues Law Number 15 of 2017 concerning inheritance, wills, and probate for non-Muslims]]> 12 November 2017. His Highness Sheikh Mohammad bin Rashid Al Maktoum has implemented Law Number 15 of 2017 on inheritance, wills, and probate for non-Muslims living and working in the Emirate of Dubai (the Law). The law affirms that foreign non-Muslims expats can now register wills in English by virtue of internationally recognized Common Law.

    The law which is applied to wills and assets of non-Muslims in Dubai and Dubai International Financial Centre (the DIFC) creates a clear legal framework where non-Muslims can create wills according to their choice of law. Thus, the Law has facilitated the formation of a "Non-Muslim Wills and Probate Registry (the Registry)" in both Dubai and DIFC courts. Subsequently, both the courts are obliged to make rules and regulations for the Registry.

    The Registry will empower non-Muslims with assets in Dubai to have the choice to sidestep Sharia and will enable their estates to apply the legitimate system of their choice. It will likewise offer flexible legal decisions, where beforehand there was inflexibility, to help non-Muslim families in case of the demise of one of the guardians. The new legal framework will protect their intentions and will facilitate a procedure that otherwise was lengthy and complicated. Considering the fast growth in non-Emirati properties in Dubai and UAE, the new law has the capacity to guarantee that the assets are passed on to their relatives without any dispute.

    The Law will fill in the gap between the legislative framework, as earlier there was no specific mechanism for registering wills of non-Muslims in the emirate and the only recourse was to file a request in their home country to be in line with Federal Law Number 28 of 2005 on Personal Status. Otherwise, the assets would be disbursed in accordance with Sharia law based on fixed share allocation system. 

    Know the Law

    Will is defined under Article 1 (8) of the Law as a legal document by which the person or the testator expresses their wish as to how his property or legacy is going to be distributed to the executor post his death. Whereas, legacy is defined in Article 1(9) of the Law as all the property or money left by the testator. Article 1 (11) of the Law defines executor as the natural or juridical person appointed by the testator to execute the will either in the will document itself or through an independent document provided by the competent court. The law also defines the estate manager under Article 1 (11) as the person who manages the estate under the supervision of the competent court.

    As outlined in Article 2 of the Law, the provisions strictly apply to everyone except Muslims. There are several cases mentioned under Article 3 of the Law where it will apply to legacies, if not to any person. 

  • If the will or inheritance is related to a property situated in Dubai;
  • If the estate is real or moveable;
  • If the provision in the applicable foreign law is contrary to the public order in Dubai;
  • If testator chooses this Law to be the governing law of his will.
  • Subsequently, Article 9 of the law imposes specific terms and conditions on the testator as to when can he register the will such as if the property or the money is in his name if he is above 21 years of age if he is not otherwise restricted by law to register will under this law.

    In accordance with the provisions of the law, the register of non-Muslims will be set up in both the Dubai Courts and the DIFC Courts. The format of the register, the statements and the procedure for registration will be issued by President of Dubai Courts and the Courts of DIFC. The provision of the law further includes the prerequisites in the registering the assets of non-Muslims, the conditions for the legitimacy of the will and the introduction of new will in opposition to the principal decree must be recorded in the registry.

    In cases of multiple wills, the recent one will be recorded in the Registry will be taken into consideration as the last and final will of the deceased. If in case, none of the wills are registered, all the wills be considered and in cases of conflict, the relevant court will adjudicate upon the matter.

    The law obliges the executor to pay necessary expenses to the relevant court and the people entitled under the will or the creditors, post determining such expenses from a competent court. The executor shall thereafter publish the execution of the will in two local daily newspapers in order to enable creditors or holders of rights to seek their claim within ninety (90) days from the date of publication, post obtaining written consent from the competent court. The Law outlines the functions of the executor of the will, which includes but is not limited to selling any part of the assets of the cost of saving the property is higher than its original value, post obtaining written approval from the competent court.

    Article 16 of the Law simultaneously stipulates obligations of the trustee such as management of funds, maintaining restrictions and procedures for implementation of will in regular and effective manner, to not disclose any information or data to the third party, to oblige with any order passed by the relevant court.

    The law further stipulates the tasks and responsibilities of the estate manager under Article 23. The competent court may also upon the request of the estate manager or one of the heirs, pass a judgment concerning the distribution of the estate to the prescribed heirs and may post allocation of the part of the estate to pay-off its liabilities by transfer of one or more share of the heirs or a part thereof.

    According to the Article 23 of the Law, one or more director of an estate can be appointed by the competent court, whether the heir or any other person as agreed upon, to carry out specific tasks mentioned by the court. If the owner fails to manage the estate, a group of persons shall be deemed to have the right under the law, to continue the management of the estate, provided that the manager of the estate, in case of replacement, within sixty (60) days submits a report containing a details explanation of his business, all of which were implemented and should also include the financial statements relating to inheritance.

    At last Article 36 of the law clarifies that any provision in any other legislation will stand void to the extent it contradicts the provisions of this Law. Till now, expats in the emirate can see a cognizant lawful structure being framed.

    Thus, it is advised to seek legal advice from our Lawyers in Dubai before preparing a will in accordance with the new Law in Dubai or DIFC.

    ]]>
    Sun, 12 Nov 2017 12:00:00 GMT
    <![CDATA[ADGM issues Guidelines regarding Initial Coin or Token Offerings]]> The Abu Dhabi Global Markets (ADGM) issued the Guidelines concerning the use of Initial Coin or Token Offerings (the ICO Guidelines) on 9 October 2017 to regulate fund-raising through coin or taken sale including the use of virtual currencies. These guidelines were issued by the Financial Services Regulatory Authority (FSRA) of the ADGM as per section 15(2) of the Financial Services and Markets Regulations of 2015 (FSMR). Under the ICO Guidelines, virtual instruments have been classified into the following categories: -

           I.          Virtual tokens or coins with the characteristics of securities;

         II.          Virtual tokens or coins without the attributes of an instrument;

        III.          Virtual currencies; and

        IV.          Derivatives of virtual currencies or virtual tokens or coins with the characteristics of securities.

    Virtual Coins and Tokens

    Section 3.3 of the ICO Guidelines have stated that the FSRA will assess whether ICOs should be regulated by the FSRA on a case-to-case basis after analyzing the nature of the asset or coin. Initial Coin and Token Sales are conducted through Distributed Ledger Technology (DLT); where a client (or investor) would provide an ICO issuer with virtual currencies for another digital medium such as a 'coin' - and these coins or tokens do not represent an underlying financial asset. The increasing use of DLT in the financial markets has led to circumstances where such coins represent other forms of regulated instruments such as shares, units in investment funds and/ or debentures. The FSRA will regulate the coins as per section 58(2)(b)2 of the FSMR if the virtual coins represent or have the features of securities in an ICO. In such cases, the issuers should contact Commercial Lawyers in Abu Dhabi and the FSRA before issuing the ICOs in ADGM. As far as the technicalities in the regulations are concerned, the FSRA will regulate securities issued through ICOs same as 'general securities' in accordance with section 258 of the FSMR. Money exchanges, market intermediaries or any person dealing with coins with an underlying security should meet one of the following criteria: -

  • Should hold a Financial Services Permission by the FSRA;
  • Should be a recognized investment exchange;
  • should be a recognized clearing house.
  • This regime is expected to protect clients who invest in coin securities in private placement using DLT platforms by elevating transparency and reporting mechanisms. Issuers have to meet many conditions while raising funds by issuing securities to the public, and the foremost condition is to draft a prospectus. Although, issuers may make an offer of securities without a prospectus under rule 4.3 of the Market Rules after meeting any of the below conditions: -

  • the ICO is specifically directed towards professional clients (or investors);
  • less than fifty (50) persons would subscribe during the period of one (1) year; or
  • the consideration paid to purchase these securities is at least US Dollars one hundred thousand (USD 100,000).
  • As mentioned earlier, not all coins have the characteristics of shares, units in investment funds and/ or debenture. This means that all ICOs will not fall within the purview of the Market Rules and will not be termed a 'regulated activity' under the FSMR. The ICO Guidelines have stated that clients should exercise substantial due diligence before investing in these coins that are unregulated by the FSRA since, in practice, there is lesser information regarding the issuer and their business plan to invest the money further.

    Virtual Currency

    Virtual currencies have an underlying value and can be used for purchasing goods and/ or services, but are not considered as legal tender. Therefore, virtual currencies are commodities and not specified investments; which means that mining of virtual currencies does fall within the purview of 'Regulated Activities' of the FSRA. The lack of any specific regulations governing virtual currencies make them highly volatile and simultaneously, increases the level of risk involved. Although spot-dealing of virtual currencies are unregulated, companies that are regulated by the FSRA should portray that they meet the AML/ CFT requirements and lay down the technology or financial-related risks while dealing in these currencies. Companies dealing with the derivatives of virtual currencies such as futures, contracts for difference (or CFDs) are regulated as commodity derivatives (a form of specified investment) under the FSMR.

    Investors are advised to exercise caution and take the opinion of our Lawyers in Abu Dhabi before issuing or investing in virtual currencies (such as Bitcoins) in ADGM.

    ]]>
    Mon, 23 Oct 2017 00:00:00 GMT
    <![CDATA[UAE issues Federal Decree Law Number 7 of 2017 on Excise Tax]]> Legal Update: The United Arab Emirates introduces Excise Tax Law

    United Arab Emirates (the UAE) have promulgated the new Excise Tax Regulation. The new law comprised of eleven chapters and 30 sections aims at imposing the tax on 'Excise Goods". The term 'Excise Goods' is defined as 'Goods that will be determined as being subject to Tax by a Cabinet Decision upon the recommendation of the Minister.'

    Chapter 2, Article 2 dealing with Implementation, Scope, and Calculation of Tax provides that provisions of this new Decree-Law shall apply to Excise Goods as may be specified by a Cabinet Decision at the suggestion of the Minister of Finance (Article 2(1). The tax shall be imposed on production, import, release and stockpiling of Excise Goods where any such activity takes place (Article 2(2). Chapter 3, Article 5 specifies tax registration and deregistration procedure. Pursuant to this article every natural or legal person is prohibited from conducting any activities that fall within clause Article 2(2). This article also imposes an obligation on the natural and legal person(s) to apply for tax registration as prescribed in Federal Law Number 7 of 2017 on Tax Procedures. 

    Article 6 sets out exceptions from registration and covers instances where the Federal Tax Authority may grant an exception from tax registration. However such persons should notify the Federal Tax Authority in the event of a change in his status which would make him subject to tax under this Decree-Law. 

    Article 8 of this new regulation requires any person operating (or; those who intend to operate) a free zone to apply for registration as a Warehouse Keeper. Article 10 clarifies rules pertaining to tax payment and exemption. Tax computation shall be calculated as per the following dates:-   1. The date of Import of Excise Goods. 2. The date on which the Excise Goods were acquired by the stockpiler, and if such acquisition has happened prior to promulgation of this Decree-Law, the date of tax calculation shall be the effective date on which the Decree-Law is passed. 3. With the exception of (1) and (2) above, Tax shall be calculated based on the date on which Excise Goods were released for consumption.    Article 12 provides that Excise Goods that are exported shall be exempt from tax. This clarifies that the tax shall not apply to any overseas exports.    Article 23 sets out Instances of Tax Evasion whereas Article 22 prescribes violations and penalties. Article 24 of the Decree-Law clarifies the record keeping and documentary evidence requirements. These include records of all produced, imported or stockpiled Excise Goods, records of exported Excise Goods and evidence of such Export, records of stock levels, tax records on imported, manufactured, and stockpiled goods.   Article 30 of the Decree Law dealing with Publication and Application of the Decree Law. The Decree-Law shall be published in the Official Gazette of UAE and will come in to effect from 1 October 2017.  

     

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    Tue, 22 Aug 2017 12:00:00 GMT
    <![CDATA[Legal Update: The New Law Number 4 of 2016 on the Dubai Economic Security Centre]]> Legal Update: The New Law Number Law No 4  of 2016 on the Dubai Economic Security Centre

    25 April 2016, Dubai: A new law aimed at combating financial crimes and illegal activities has been issued by His Highness Sheikh Mohammed bin Rashid Al Maktoum, in his capacity as Vice President and Prime Minister of the UAE and Ruler of Dubai yesterday. The Law Number 4 of 2016 on Dubai Economic Security Centre (the Law)   aims at maintaining the status of Dubai as a financial centre, maintain financial stability, investor protection and curbing negative trends and crimes that would harm and/or jeopardize the economy of Dubai. The scope of this new Law extends to mainland as well as freezones (including the Dubai International Financial Centre). The Law establishes Dubai Economic Security Centre which will have the power to control, supervise and monitor the working and operation of local government bodies, companies licensed to operate in varied sectors such as special development, charity and not-for-profit organizations, and other entities that may be included pursuant to the Law from time to time.

    The Law defines the functions and mode of operation of  the Economic Security Centre (Centre) and cites specific instances as to applicability of Law in areas of crimes of fraud, bribery, embezzlement, damage to public property, forgery, counterfeiting, money laundering and financing of terrorism or illegal organizations including person involved in such crimes. The Law taks the Centre in proposing and reviewing regulations, preparing publications and reports, statistical data on financial and economic matters, handling and following up the proceedings of crime and to take effective measures in combating criminal activities outlined above. 

    Importantly, the Law sets out instances where any person informs the Centre on matters involving state security, the divulgence of such information shall not be treated as a violation. Furthermore, any person who provides such information shall not be subject to any discilplinary or legal action unless the information provided is false information. The Law also deals with penalties, criminal prosecution and detention. The Law provides penalties for violators (both - in terms of disclosing any information or data considered as confidential in accordance with the provisions of Law, the violator will be punished by way of detention for a term not less than three (3) months and not more than one (1) year along with a fine of AED 50,000/-. Persons violating the provisions set out in the Law or is in violation of any order or decision passed by the Centre, such person shall be subject to a minimum fine of AED 10,000 and maximum of AED 500,000.

     

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    Mon, 25 Apr 2016 12:00:00 GMT
    <![CDATA[Legal Update: UAE's New Child Protection Law]]>

    UAE Issues Federal Law Number 3 of 2016 on Child Rights

    15 April 2016, Dubai, United Arab Emirates: The New Law on Child Rights (Federal Law number 3 of 2016) was passed on Monday by the President of UAE. The Law which broadly aims at protection and well being of children was approved by the Federal National Council of UAE in the year 2014. The law provides children's right to security, freedom from abuse and/or cruel treatment of any form.The issuance of this new law is a positive step in safeguarding rights of new-borns, minors and children upto the age of eighteen.

    The Law will be effective from within three (3) months following its issuance.

    Related article(s):

    Offenses against the Family

    UAE Family Law

     

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    Fri, 15 Apr 2016 06:00:00 GMT
    <![CDATA[The New Dubai P3 Law: Update on PPP]]> 11 April 2016, Dubai, United Arab Emirates: The Dubai Law Number 22 of 2015, governing public-private partnerships came into force on November 2015 (the P3 Law or the Law). The P3 Law applies to partnerships entered into between all government entities under the Dubai government's general budget, and private establishments and companies. It does not apply to electricity and water projects or simple works contracts or supply contracts.

     

    Public Private Partnerships: An Overview

    Public-Private Partnerships (Also, PPP Law or P3) in effect is transfer in hands of private sector of the financing of delivery of the public undertaking's asset. Under P3 the public and private sector undertakings enter in to a emblematic form of contractual arrangement in relation to construction, operation, finance or broadly to manage infrastructure facilities, and turnkey projects. Besides considering P3 as an option, governments can consider other alternative options including:-

     

    • Outright sale of project to a private sector undertaking;
    • assigning certain aspects of projects to private undertakings and outlining the scope of assignment; and
    • traditional public delivery alternative

     

    PPP structures can offer range of benefits and these may include reduction in government debt, transfer of risk from public sector undertaking to private sector, benefitting from technical expertise and capabilities of private sector, efficient management and control of overall project by parties, efficient budget planning for public sector undertaking besides several other advantages. That said, P3s are not immune to risks and this often calls for a careful planning and due diligence to ensure risks are eliminated project execution efficiencies are explored to the fullest.

     

    The New Dubai Public-Private Partnership Law

     

    In the United Arab Emirates, P3 structures have been adopted in past within the educational and electricity and water sectors in past. As per Dubai's Department of Economic Development, Abu Dhabi Public Private Partnership PPP schools added up to 61 schools for 2007-2008 academic year, (24 in Abu Dhabi, 27 in Al Ain, and 10 schools in the Western Region (Al Gharbia). P3s across the Middle East (until recently) were undertaken on case to case basis in absence of specific legislation governing P3s. 

     

    Scope

     

    The new P3 law applies only to Emirate of Dubai and is not Federal in nature. The law extends to all forms of partnerships, joint-ventures and alliances between government undertakings and private companies within the Emirate of Dubai but the law however excludes projects linked with production and supply of water and electricity (Law number 6 of 2011 and Law number 6 of 1997 respectively). Dubai's Supreme Committee for Fiscal (formed pursuant to Decree number 15 of 2014) has the exclusive right to pass necessary resolutions to exclude projects and/or sectors in future (Article 4). The term 'Public Sector' is defined to include all government entities whereas 'Private Sector' includes all private establishment and companies. The Law Defines 'Department' as Department of Finance.

     

    Objectives 

     

    The P3 Law sets out broad set of objectives under Article 3 which include regulating partnership between private and public sector undertakings, encouraging private sector to participate in development projects, enable government to perform its strategic projects efficiently, utilise financial administrative, regulatory, technical  and technological capabilities and experiences available in private sector with the aim of obtaining best possible services at minimum cost. Other objectives include - increased productivity, transfer of knowledge and experience from private sector, value addition to public funds, risk minimisation, higher competitiveness for projects in local, regional and international markets and to enhance principles of governance.

     

    Permitted Structures

     

    Article 7 defines permitted structures of the Project based on a range of P3 models, including, concession agreements and other models such as build operate transfer (Article 7 (1)), design build, and operate, lease, build, own, operate and transfer (BOOT), or use of any of these models together with other models. Once a model has been selected by a government entity, it must obtain approval from relevant authorities before entering into a P3. 

     

    Competent Authorities and Formation of Partnership Committee

     

    Article 8 of the Law sets out competent authorities who have the power to approve the partnership project(s). The Director General of the respective Government entity (this includes the chief executive officer, secretary general and others occupying similar positions) has the right to approve partnership contract(s) up to AED 200 million which will result in revenue generation or savings . In cases where the value of project exceeds AED 200 million, requisite approvals must be sought by Department of Finance. Finally, the Supreme Committee for Financial Policy shall have the right to approve partnership contracts that are valued above AED 500 million. Article 35 of the P3 Law clarifies that partnership contracts will be governed pursuant to the provisions of P3 Law and unless the partnership contract provides otherwise, the laws of Dubai including Law No. 6 of 1997 regarding Contracts of Governmental Departments in the Emirate of Dubai shall apply (the Law Number 6).

     

    In this respect, it must be stated that Article 83 of Law number 6 clearly outlines that courts in the Emirate of Dubai shall have jurisdiction over determining and disputes between any department and parties contracting therewith in connection with the contracts concluded in accordance with the provisions hereof. This entails that UAE governing law is mandatory and overseas arbitration will not be recognised.

     

    With observation of the directives issued on 02.07.92 in respect of the Government cases, the courts of the Emirate of Dubai shall have the jurisdiction over determining any disputes between any department and the parties contracting therewith in connection with the contracts concluded in accordance with the provisions hereof.

     

     

    Article 9 vests broad powers in Department of Finance to include laying public policy, propose updating and development of laws, providing assistance to Government entities, in addition to other powers aimed at achieving objectives of P3 Law.

     

    Article 11 of the P3 Law sets out the requirements for formation of partnership committee and reads as under:-

    "An internal committee shall be formed at the Government Entity, to be called the "Partnership Committee" and its members shall be nominated under a resolution by the Director General. The Partnership Committee shall undertake all the duties as provided by this Law and the Resolutions issued hereunder. The Resolution forming the Partnership Committee shall determine the mechanism of its operation and how to hold its meetings."

     

    Project Proposals, Selection Criteria, Conditions, and Bidding Process

     

    Article 12 of the P3 Law permits proposal from either party (Government entity or Private sector undertaking) to propose projects. This affords greater flexibility by allowing projects to bypass the public tender process. Article 13 clarifies that in so far execution of partnership contracts is concerned, the Department of Finance shall have the power to supervise the execution of such contracts.

     

    Article 14 read with Article 29 of the Law and dealing with criteria for selecting a partner provides that selection of partners shall be governed by principles of transparency, equal opportunities, and in public interest. Article 15 providing for 'Qualifying Companies' provides that the government undertaking shall comply with required procedures prior to bidding for any tenders. Although the Law provides that requisite resolutions may be passed by the Partnership Committee, it is presently unclear whether the Law will extend to free zone companies and/or free zone establishments. Article 29 sets out that the project entity must treat the users of services provided by project equally and the laws governing partnership contract in connection with services should be applied equally to users.

     

    Article 16 dealing with preliminary meetings to be held by Government Entity permits private entities to require Government Entity to be bound by principles of confidentiality and non-disclosure in relation to economic or financial projections in connection with the Project.

     

    Article 17 read with Article 19 dealing with conditions and securities as to bidding process sets out that bid announcements shall include all necessary details in relation to the Project including the partnership requirements on the financial, administrative, and technical aspects, the type of project, the method of partnership, conditions to participate in tender, financial securities to be provided in addition to procedures and events where securities and insurances may be seized or refunded. Article 19 provides that subject to Government Entity obtaining all necessary approvals may invite qualified partners to obtain conditions and specification book of the project proposed to be offered for partnership. It further states that those invited to bid should be given reasonable opportunity and time to be able to disclose information and documentation. Finally Article 20 dealing with acceptance of bids sets out that in order for bids to be accepted, each and all conditions and procedures stipulated under conditions and specification book must be satisfied. 

     

    Article 21 to Article 24 deal with varied aspects of the bid process covering:-

  • The Law allows a consortium of companies to make a single bid (Article 21);
  • bids shall be assessed carefully by the Partnership Committee with due assessment and consider the financial, technical and legal aspects (Article 22);
  • the Partnership Committee shall invite the bidders to attend a meeting and the Project shall be awarded to the bidder submitting best bid financially and technically amongst other bids presented to the Partnership Committee (Article 23); and
  • bids may be cancelled pursuant to Article 24 if only one bid has been received or upon exclusion of other bids only one bid stands available, cases where all or most of bids are inconsistent with the required conditions and specification and are difficult to be assessed, cases where value of least bid is unreasonably in excess of initial assessments or value of highest bid is less than assessments in respect of contracts that realise the projected revenues; and finally if public interest calls for cancellation of tender.
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    Establishment of Project entity

     

    In line with Article 25, the P3 Law provides that the Government entity concerned with the Project may participate with the private sector provided that such participation takes form of a limited liability company. This means the local ownership provisions requiring fifty one percent (51%) shares to be held by a UAE National as per UAE Commercial Companies Law (Federal Law number 2 of 2015, as amended) will apply. If (whether on account of due diligence or otherwise) the Government entity is not willing to participate then the private entity must establish a new entity solely for the project and to be named as 'Project Company'. The condition as to Limited Liability Company imposed under Article 25 could be read to suggest that free zone companies may not be considered for Project(s). 

     

    Terms of Partnership Contract

     

    Article 26 of the P3 Law  establishes basic provisions that will regulate the partnership contract between the parties and covers eighteen terms which briefly require inclusion of:-

  • nature and scope of works and services to be performed;
  • title to assets of project and the intellectual property rights vested in the project, provision as to transfer of title at the end of project;
  • responsibility to obtain licenses, permits and approvals;
  • financial and technical obligations of respective party;
  • ascertainment of sale price of product or service and principles to determine and amend the same;
  • regulating the right of Government entity to terminate the partnership contract or to amend the conditions of contract and scope;
  • nature and value of insurances, performance bond(s) to be sought;
  • risk allocation and determining rules to distribute project risks in event of force major or urgent circumstances;
  • determining events where Government entity may terminate the contract in whole or in parts, setting out procedures and penalties, procedures in relation to continuity of project, provisions as to use of services of the personnel of the Government Entity and determination of percentage of UAE personnel in the company;
  • environmental factors; and
  • any other items as determined by Supreme Committee, the Government Entity under the Resolutions passed by them in respect of this Law. 
  •  

    Article 27 of the Law provides that the term of Partnership Contract shall not exceed thirty (30) years from the date of execution of contract or other date as determined by the Partnership Committee. Any extension beyond thirty (30) years is subject to prior approval of the Supreme Committee. 

     

    Article 37 dealing with grievance allows an affected party to file a grievance to the Department  of Finance against any resolution or procedure taken against it within thirty (30) days from date of relevant resolution or procedure. Such grievance must be supported by material documentation. The Department of Finance shall then have thirty (30) days time to consider the grievance.

     

    Conclusion

     

    The P3 route has been put to use by Dubai's Road and Transport Authority. Canada has expressed its keen interest in sharing expertise and the launch of Smart Dubai Platform is also reflective of P3 model. This evidences a welcome to the P3 Law and is likely to result in combined synergies which will finally lead to new infrastructure, new services and development plans. 

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    Mon, 11 Apr 2016 12:00:00 GMT
    <![CDATA[UAE Cybercrime Law]]> Article 9 of Federal Law number (5) of 2012 on Combating Cybercimes provides for a fine in range of  AED 150,000 minimum to a maximum of AED 500,000 for fraudulent use of computer network protocol address by using a false address or third party address with the intent of committing a crime or preventing discovery. The new draft seeks to amend the fines set out under Article 9 to be in range of AED 500,000 minimum to a maximum of AED 2,000,000/-.

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    Wed, 17 Feb 2016 01:15:00 GMT