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Royal Decree

Royal Decree 88/2020 Merging the Ministry of Justice and the Ministry of Legal Affairs into One Ministry Named the Ministry of Justice and Legal Affairs, Determining Its Competences, and Adopting Its Organisational Structure

2020/88 88/2020

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

Royal Decree 2/94 Amending the Ministerial Composition,

Royal Decree 14/94 Determining the Competences of the Ministry of Legal Affairs,

Royal Decree 114/94 Adopting the Organisational Structure of the Ministry of Legal Affairs,

Royal Decree 47/2000 Determining the Competences of the Ministry of Justice and Adopting Its Organisational Structure,

and the System of the Administrative Apparatus of the State promulgated by Royal Decree 75/2020,

and in pursuance of public interest,

have decreed as follows

Article I

The “Ministry of Justice” and the “Ministry of Legal Affairs” are hereby merged into one ministry named the “Ministry of Justice and Legal Affairs,” and its competences are hereby determined in accordance with the attached Annex 1.

Article II

The organisational structure of the Ministry of Justice and Legal Affairs is hereby adopted in accordance with the attached Annex 2.

Article III

All allocations, assets, rights, obligations, and holdings of the Ministry of Legal Affairs are hereby transferred to the Ministry of Justice and Legal Affairs, and its employees are hereby transferred to the Ministry of Justice and Legal Affairs with their same financial grades.

Technical members of the Ministry of Legal Affairs are hereby also transferred to it with their same financial grades and entitlements, as well as their employment status.

Article IV

Without prejudice to the provisions of article V of this decree, all allocations, assets, rights, obligations, and holdings of the Ministry of Justice are hereby transferred to the Ministry of Justice and Legal Affairs, and its employees are hereby transferred to: the Ministry of Justice and Legal Affairs—including employees of the divisions relating to expert undertakings before the courts and lawyers affairs—; the Ministry of Interior; the Ministry of Endowments and Religious Affairs; the Secretariat General of the Council of Administrative Affairs for the Judiciary; and the Governorates of Muscat, Dhofar, and Musandam with their same financial grades, in accordance with the rules determined by the Council of Ministers.

Article V

All competences, allocations, assets, rights, obligations, and holdings of the divisions relating to mediation and conciliation in the Ministry of Justice are hereby transferred to the Ministry of Interior and the Governorates of Muscat, Dhofar, and Musandam—as the case may be—, and the employees of these divisions are also hereby transferred to those bodies—each according to their competence—with their same financial grades. 

All competences, allocations, assets, rights, obligations, and holdings of the Directorate General for the Management and Investment of Orphans and Minors Funds in the Ministry of Justice are hereby transferred to the Ministry of Endowments and Religious Affairs, and its employees are hereby transferred to the Ministry of Endowments and Religious Affairs with their same financial grades.

All competences, allocations, assets, rights, obligations, and holdings of the divisions relating to the public notary in the Ministry of Justice are also hereby transferred to the Council of Administrative Affairs for the Judiciary, and the employees of these divisions are hereby transferred to the Secretariat General of the Council of Administrative Affairs for the Judiciary with their same financial grades.

Article VI

The phrases “Ministry of Justice”; “Ministry of Legal Affairs”; “Minister of Justice”; and “Minister of Legal Affairs” wherever they occur in laws and royal decrees relating to legal affairs, expert undertakings before the courts, and advocacy are hereby replaced with the phrases “Ministry of Justice and Legal Affairs” and “Minister of Justice and Legal Affairs.” 

The phrases “Ministry of Justice” and “Minister of Justice” wherever they occur in laws and royal decrees relating to mediation and conciliation are hereby replaced with the phrases “Ministry of Interior”; “Governorate of Muscat”; “Governorate of Dhofar”; “Musandam Governorate”; “Minister of Interior”; “Minister of State and Governor of Muscat”; “ Minister of State and Governor of Dhofar”; and “Minister of State and Governor of Musandam” as the case may be. 

The phrases “Ministry of Justice” and “Minister of Justice,” wherever they occur in laws and royal decrees relating to the public notary are also hereby replaced with the phrases “Council of Administrative Affairs for the Judiciary” and “Chairman of Council of Administrative Affairs for the Judiciary.”

Article VII

All that is contrary to this decree, or in conflict with its provisions, is hereby repealed.

Article VIII

This decree shall be published in the Official Gazette, and comes into force on the date of its issuance.

Issued on: 28 Dhu Al-Hijja 1441
Corresponding to: 18 August 2020

Haitham bin Tarik
Sultan of Oman

Published in Official Gazette 1353 issued on 19 August 2020.

Annex 1
Competences of the Ministry of Justice and Legal Affairs

1. Preparing and reviewing draft royal decrees and undertaking the procedures for their issuance.

2. Reviewing draft laws, regulations, and decisions of a legislative character prepared by units of the administrative apparatus of the state and other public legal persons prior to their issuance and publication in the Official Gazette.

3. Reviewing draft standard model contracts prepared by units of the administrative apparatus of the state and other public legal persons in the cases stipulated by law.

4. Reviewing draft contracts whose value exceeds 5,000,000 (five million) Rial Omani, and variation orders relating to them regardless of their value, before signing them and executing them by any unit of the administrative apparatus of the state and other public legal persons. Reviewing contracts other than standard model contracts includes the procedures prior to contracting.

5. Issuing fatwas by rendering official legal opinions on incidents presented before it relating to the implementation of royal decrees, laws, regulations, and decisions on the basis of a request of one of the units of the administrative apparatus of the state and other public legal persons.

6. Rendering advisory legal opinions on incidents presented before it relating to the implementation of international agreements or contracts concluded by units of the administrative apparatus of the state and other public legal persons.

7. Adjudicating by an official decision disputes arising between units of the administrative apparatus of the state and other public legal persons or between them and companies wholly owned by the government.

8. Reviewing draft international agreements and memorandums of understanding that the Sultanate or one of the units of the administrative apparatus of the state and other public legal persons intend to sign, and rendering legal opinions on requests to accede to existing international agreements.

9. Issuing the Official Gazette in accordance with the law.

10. Regulating expert undertakings before the courts in accordance with the law.

11. Supervising the affairs of lawyers.

12. Enhancing and developing cooperation in competences relating to justice and legal affairs with the concerned bodies in other states and specialised regional and international organisations and institutions.

13. Representing the Sultanate in regional and international conferences, events, and meetings relating to justice and legal affairs.

14. Participating in the preparation of periodic reports that must be submitted to regional and international organisations.

15. Proposing draft laws and royal decrees and issuing regulations and decisions relating to the ministry’s competences.

16. Matters referred to the ministry by His Majesty the Sultan or the Council of Ministers.

Annex 2
Organisational Structure of the Ministry of Justice and Legal Affairs