Categories
Intel

Fatwa Summary: MJLA Fatwa 212743851 (Contract Value Revision)

The Ministry of Justice and Legal Affairs (MJLA) adopted a literal interpretation of article 52-3 of the Standard Contract for the Construction of Buildings and Civil Works, Fourth Edition 1999 stipulating that the contractor is entitled to a revision of the contract value if the cumulative value of the variation orders exceeds 10% of the original contract value.


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Royal Decree

Royal Decree 41/2021 Appointing Non-resident Ambassadors

Arabic We, Haitham bin Tarik, the Sultan of Oman after perusal of the Basic Statute of the State, and the Law Governing the Foreign Ministry promulgated by Royal Decree 32/2008, and in pursuance of public interest,

have decreed as follows

Article I

Dr Ahmed bin Salim bin Mohammed Baomar, Our ambassador to the Republic of Italy, is hereby appointed a non-resident ambassador extraordinary and plenipotentiary of Ours to the Republic of San Marino.

Article II

Saleh bin Sulaiman bin Ahmed Al-Harthi, Our ambassador to the Republic of Kenya, is hereby appointed a non-resident ambassador extraordinary and plenipotentiary of Ours to the Republic of Malawi.

Article III

Dr Mohammad bin Said bin Khalifa Al-Busaidi, Our ambassador to Japan, is hereby appointed a non-resident ambassador extraordinary and plenipotentiary of Ours to New Zealand.

Article IV

Saleh bin Mohammad bin Ahmed Al-Saqri, Our ambassador to the Socialist Republic of Vietnam, is hereby appointed a non-resident ambassador extraordinary and plenipotentiary of Ours to the Kingdom of Cambodia and the Lao People’s Democratic Republic.

Article V

Dr Sheikh Abdullah bin Salim bin Hamad Al-Harthi, Our ambassador to the Kingdom of the Netherlands, is hereby appointed a non-resident ambassador extraordinary and plenipotentiary of Ours to the Grand Duchy of Luxembourg.

Article VI

This decree must be published in the Official Gazette, and comes into force on the date of its issuance. Issued on: 15 Ramadan 1442 Corresponding to: 28 April 2021

Haitham bin Tarik Sultan of Oman

Published in Official Gazette 1390 issued on 2 May 2021.
Categories
Intel

Case Summary: Supreme Court (Criminal Circuit) Contestations 723, 777, and 829/2020 (Corporate Criminal Liability and Subordinate Obedience)

The Supreme Court held that a legal person can only be convicted of a crime committed by its employees if the judgment establishes the conditions laid down in the Penal Law and the Cybercrime Law of 2011, namely that the crime was committed for its account or in its name by a person acting in a managerial or representative capacity, or with its approval, cover-up, or gross negligence. A finding that the employee held a senior position and that the company's controls were weak is not enough. The court also confirmed that obedience to a superior is no defence to a criminal charge: a subordinate is not required to obey an order to commit an act that she knows the law punishes.


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Royal Decree

Royal Decree 40/2021 Amending the Annex Attached to Royal Decree 124/2008 Establishing the Oman Human Rights Commission and Determining Its Competences

Arabic We, Haitham bin Tarik, the Sultan of Oman after perusal of the Basic Statute of the State, and Royal Decree 124/2008 Establishing the Oman Human Rights Commission and Determining Its Competences, and in pursuance of public interest,

have decreed as follows

Article I

The text of article 1 of the annex attached to the aforementioned Royal Decree 124/2008 is hereby replaced with the following text:

The committee shall be formed of thirteen members as follows:

– Member of Majlis Al-Dawla.

– Member of Majlis Al-Shura.

– Member of Oman Chamber of Commerce and Industry.

– Member of the General Federation of Oman Workers.

– Member of the legal profession.

– Three members of national associations.

– Five members representing the following entities:

– Ministry of Interior.

– Foreign Ministry.

– Ministry of Social Development.

– Ministry of Labour.

– Environment Authority.

Article II

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

Article III

This decree must be published in the Official Gazette, and comes into force on the day following the date of its publication. Issued on: 14 Ramadan 1442 Corresponding to: 27 April 2021

Haitham bin Tarik Sultan of Oman

Published in Official Gazette 1390 issued on 2 May 2021.
Categories
Ministerial Decision

Ministry of Higher Education, Research, and Innovation: Ministerial Decision 48/2021 Determining the Fees for Special Training Services

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Ministerial Decision

Ministry of Commerce, Industry, and Investment Promotion: Ministerial Decision 64/2021 Considering an International Standard Specification as a Binding Omani Standard Specification

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Ministerial Decision

Ministry of Agriculture, Fisheries, and Water Resources: Ministerial Decision 52/2021 Amending Some Provisions of Ministerial Decision 31/2009 Declaring Agricultural Quarantine Areas

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Royal Decree

Royal Decree 39/2021 Regarding the Public Authority for Civil Defence and Ambulance

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

Royal Decree 3/2013 Establishing the Public Authority for Civil Defence and Ambulance,

and the System of the Public Authority for Civil Defence and Ambulance promulgated by Royal Decree 68/2014,

and in pursuance of public interest,

have decreed as follows

Article I

The name of the “Public Authority for Civil Defence and Ambulance” is hereby amended to the “Civil Defence and Ambulance Authority.”

Article II

The text of the second paragraph of article 4 of the aforementioned Royal Decree 3/2013 is hereby replaced with the following text:

The implementation of the transfer must be in accordance with the mechanism agreed upon by the chairman of the authority and the Inspector General of Police and Customs, provided that a committee is formed of the Royal Oman Police, the Ministry of Finance, and the Civil Defence and Ambulance Authority to compile and transfer all immovable and movable assets, records, rights, and obligations of the civil defence and ambulance sectors within a maximum period of 60 (sixty) days from the date of issuance of this decree.

Article III

The text of article II of the aforementioned Royal Decree 68/2014 is hereby replaced with the following text:

The Chairman of the Board of Directors of the Civil Defence and Ambulance Authority shall issue the regulations and decisions necessary for implementing the provisions of the attached system within a period not exceeding 90 (ninety) days from the date of issuance of this decree, and until they are issued, the regulations and decisions in force continue to operate to the degree that they do not contradict with its provisions.

Article IV

The attached amendments to the aforementioned System of the Civil Defence and Ambulance Authority shall be implemented.

Article V

All that is contrary to this decree and the attached amendments, or in conflict with their provisions, is hereby repealed.

Article VI

This decree must be published in the Official Gazette, and comes into force on the day following the date of its publication.

Issued on: 9 Ramadan 1442Corresponding to: 22 April 2021

Haitham bin TarikSultan of Oman

Published in Official Gazette 1389 issued on 25 April 2021.

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Ministerial Decision

Ministry of Justice and Legal Affairs: Ministerial Decision 44/2021 Conferring Judicial Enforcement Status to Some Employees of the National Records and Archives Authority

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COVID-19 Supreme Committee

COVID-19 Supreme Committee Decision of 21 April 2021

Arabic Download

Note: The following text is a public domain translation published by the Official OmanVsCovid19 Twitter account.

Statement of the Supreme Committee

Within it’s continuous sessions held to evaluate and address the developments of COVID-19 in the Sultanate, the Supreme Committee has reviewed the recent updates on COVID-19 precautions and measures implemented to halt its further spread, and studied the epidemiological situation of the infection locally and globally, and the local reports of the polymerase (PCR) diagnostic testing required form travellers prior to arriving in the Sultanate, especially with the confirmed spread of the mutated strains linked to travel associated exportation, and their outbreak in the Sultanate. Therefore, attempting to protect the health and well-being of the public, and to maintain the healthcare system, the Supreme Committee decided the following:

First: adding arrivals from the Republic of India, the Islamic Republic of Pakistan and the Republic of Bangladesh and travellers who have been in or transited through any of these countries in the previous 14 days prior to their request to enter the Sultanate, to the list of countries from which entry to the Sultanate is suspended, effective 6 PM of Saturday 24th April 2021 until further notice. This excludes Omani citizens, diplomats, healthcare workers and their families, who will be subject to the approved procedures upon arriving in the Sultanate.

Second, Not allowing children below 12 years to enter commercial malls and shops. In this context, the committee instructs commercial complexes, commercial outlets, restaurants and cafeterias to comply and limit the entry therein of customers to 50% of the outlets’ capacity. Legal action will be taken against any party that fails to abide by the decisions.

Third, continuing of online learning to all classrooms in government and private schools and higher education institutions, except for grade 12 students and those who must attend practical parts of their specializations, such as students of the College of Medicine and Health Sciences and students of vocational training, and this will be evaluated according to the developments of the epidemiological situation.

The committee eventually invites all relevant authorities to seek the use of volunteers in all Wilyats to monitor the compliance with and enforcement of the binding decisions of the committee, especially in centres, shops, markets, restaurants and cafés, in coordination with the Waalis offices.

May Allah Protect All From Harm