Year: 2022

The Supreme Court held that an engineer is not considered grossly negligent for supervising the construction of a wall built using a defective design created by the owner.

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Tags Case and Fatwa Summary

Ministerial Decision

Capital Market Authority: Decision 144/2022 Issuing the Visitors Health Insurance Policy Form

Post author By admin
Post date November 2, 2022

Arabic

Based on the Insurance Companies Law promulgated by Royal Decree 12/79,

Royal Decree 90/2004 Transferring Insurance Competences from the Ministry of Commerce and Industry to the Capital Market Authority,

the Standard Unified Health Insurance Policy Form issued by Decision 34/2019,

and the Health Insurance Rules issued by Decision 78/2019,

and the approval of the Board of Directors of the Capital Market Authority,

and in pursuance of public interest,

it is hereby decided

Article I

The attached Visitors Health Insurance Policy Form shall apply.

Article II

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

Issued on: 7 Rabi Al-Thani 1444
Corresponding to: 2 November 2022

Abdullah bin Salim bin Abdullah Al-Salmi Executive
President of the Capital Market Authority

Published in Official Gazette 1467 issued on 13 November 2022.

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Tags Capital Market Authority, Members Only

Ministerial Decision

Ministry of Health: Ministerial Decision 298/2022 Amending Some Porvisions of the Governance Regulation of the Transfer and Transplantation of Human Organs and Tissues

Post author By admin
Post date November 1, 2022

Arabic Based on Royal Decree 36/2014 Determining the Competences of the Ministry of Health, Royal Decree 80/2020 Adopting the Organisational Structure of the Ministry of Health, the Law Governing the Practice of the Medical Profession and Allied Health Professions promulgated by Royal Decree 75/2019, and the Governance Regulation of the Transfer and Transplantation of Human Organs and Tissues issued by Ministerial Decision 179/2018, and in pursuance of public interest,

it is hereby decided

Article I

The text of article 11 of the Governance Regulation of the Transfer and Transplantation of Human Organs and Tissues is hereby replaced with the following text:

Article 11

Death shall be established—for the purpose of transplantation of human organs and tissues from the deceased—by a report by 2 (two) physicians, none of whom shall have a grade lower than consultant in neurology, anaesthesiology, or intensive care, provided that none of them is a member of the medical team specialising in the transplantation of the human organ or tissue.

Article II

This decision shall be published in the Official Gazette, and comes into force on the day following the date of its publication. Issued on: 6 Rabi Al-Thani 1444 Corresponding to: 1 November 2022

Dr Hilal bin Ali bin Hilal Al-Sabti Minister of Health

Published in Official Gazette 1466 issued on 6 November 2022.

Tags Ministry of Health

Ministerial Decision

Ministry of Interior: Ministerial Decision 182/2022 Determining the Voting Days for the Elections of the Members of Municipal Councils for the Third Term

Post author By mohtai
Post date October 27, 2022

Arabic

Based on the Municipal Councils Law promulgated by Royal Decree 126/2020,

and the Governance Regulation for the Elections of the Members of the Municipal Council issued by Ministerial Decision 92/2022,

and in pursuance of public interest,

it is hereby decided

Article I

The voting of electors outside the Sultanate of Oman for the elections of the members of municipal councils for the third term shall be held on Sunday, 18 December 2022.

Article II

The voting of electors within the Sultanate of Oman for the elections of the members of municipal councils for the third term shall be held on Sunday, 25 December 2022.

Article III

This decision shall be published in the Official Gazette.

Issued on: 1 Rabi Al-Thani 1444
Corresponding to: 27 October 2022

Hamoud bin Faisal Al-Busaidi
Minister of Interior

Published in Official Gazette 1465 issued on 30 October 2022.

Tags Ministry of Interior

Ministerial Decision

Ministry of Housing and Urban Planning: Ministerial Decision 206/2022 Amending Some Provisions of the Regulation of the Values, Fees, and Prices Collected by the Ministry of Housing and Urban Planning

Post author By mohtai
Post date October 26, 2022

Arabic

Based on the System of Escrow Account for Real Estate Development Projects promulgated by Royal Decree 30/2018,

the Executive Regulation for the System of Escrow Account for Real Estate Development Projects issued by Ministerial Decision 72/2019,

the Regulation for the Values, Fees, and Prices Collected by the Ministry of Housing and Urban Planning issued by Ministerial Decision 92/2016,

and the approval of the Ministry of Finance,

and in pursuance of public interest,

it is hereby decided

Article I

The text of clause 2 of annex 12 attached to the aforementioned Regulation for the Values, Fees, and Prices Collected by the Ministry of Housing and Urban Planning is hereby replaced with the following text:

No	Description	Fee in Rial Omani	Remarks
2	Real Estate Development Project Licence	200 (two hundred)	–

Article II

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

Issued on: 30 Rabi Al-Awwal 1444
Corresponding to: 26 October 2022

Dr Khalfan bin Said bin Mubarak Al-Shuaili
Minister of Housing and Urban Planning

Published in Official Gazette 1465 issued on 30 October 2022.

Tags Ministry of Housing and Urban Planning

Ministerial Decision

Ministry of Agriculture, Fisheries, and Water Resources: Ministerial Decision 211/2022 Designating the Ports for Unloading and Inspection Operations for Omani and Foreign Fishing Ships

Post author By mohtai
Post date October 24, 2022

Arabic

Based on Royal Decree 26/2013 regarding the Accession of the Sultanate of Oman to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing,

the Aquatic Living Resources Law promulgated by Royal Decree 20/2019,

and Ministerial Decision 16/2021 Designating Some Ports for Unloading and Inspection Operations for Foreign Fishing Ships,

and in pursuance of public interest,

it is hereby decided

Article I

The following ports are hereby designated for unloading and inspections operations for Omani and foreign commercial fishing ships requesting permission to enter the ports of the Sultanate of Oman:

1. Port of Salalah.

2. Port of Duqm.

3. Duqm Fishing Port.

Article II

The aforementioned Ministerial Decision 16/2021 is hereby repealed.

Article III

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

Issued on: 28 Rabi Al-Awwal 1444
Corresponding to: 24 October 2022

Dr Saud bin Hamoud bin Ahmed Al-Habsi
Minister of Agriculture, Fisheries, and Water Resources

Published in Official Gazette 1465 issued on 30 October 2022.

Tags Ministry of Agriculture‚ Fisheries‚ and Water Resources

Royal Decree

Royal Decree 69/2022 Amending Some Provisions of the Criminal Procedure Law

Post author By admin
Post date October 20, 2022

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

the Criminal Procedure Law promulgated by Royal Decree 97/99,

and the Penal Law promulgated by Royal Decree 7/2018,

and in pursuance of public interest,

have decreed as follows

Article I

The texts of articles 4bis and 164 of the aforementioned Criminal Procedure Law are hereby replaced with the following texts:

Article 4bis

Whoever suffers damage from the crime stipulated in article 230 of the Penal Law may file his lawsuit directly to the competent court. The secretariat of the court shall notify the Public Prosecution with a copy of the statement of the lawsuit to undertake the public lawsuit. It is not permitted to file the lawsuit against heads of the units of the administrative apparatus of the state and other public legal persons except after obtaining permission from the competent entity, and the permission is issued from the Council of Ministers with respect to the heads of units of the administrative apparatus of the state. The request for permission shall be submitted by the Public Prosecutor based on the request of the person who suffers damage accompanied with the supporting documents.

The heads of the units of the administrative apparatus of the state and other public legal persons may delegate on their behalf a person occupying a legal post in the unit to which they belong to appear or plead and file contestations before courts of various levels.

Article 164

The summons to appear for the accused person shall be announced in accordance with the provisions of articles 70 and 71 of this law. The announcement to the heads of units of the administrative apparatus of the state and other public legal persons shall be made through the competent administrative division in the unit to which they belong, the announcement to prisoners shall be made through the person responsible for the administration of the prison or whoever substitutes him, and the announcement to military personnel shall be made through the command they belong to. The person who receives the copy of the announcement shall sign the original receipt, and in the event that he refrains from doing so, the misdemeanour court shall sentence him to a fine not exceeding 50 (fifty) Rial Omani. If he insists on refraining from doing so, the announcement shall be made to the accused person in accordance with the provisions of articles 70 and 71 of this law. The litigants may, as soon as the summons to appear has been announced, view the papers of the lawsuit.

Article II

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

Issued on: 24 Rabi Al-Awwal 1444
Corresponding to: 20 October 2022

Haitham bin Tarik
Sultan of Oman

Royal Decree

Royal Decree 68/2022 Amending Some Provisions of the Penal Law

Post author By admin
Post date October 20, 2022

Arabic

We, Haitham bin Tarik, the Sultan of Oman

after perusal of the Basic Statute of the State,

and the Penal Law promulgated by Royal Decree 7/2018,

and in pursuance of public interest,

have decreed as follows

Article I

The attached amendments to the aforementioned Penal Law shall be implemented.

Article II

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

Issued on: 24 Rabi Al-Awwal 1444
Corresponding to: 20 October 2022

Haitham bin Tarik
Sultan of Oman

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Tags Members Only

Royal Decree

Royal Decree 67/2022 Approving the Petroleum Agreement between the Government of the Sultanate of Oman and Shell Integrated Gas Oman BV, Alizz Gas Development LLC, and Totalenergies EP Oman Block 11 SAS for Block 11

Post author By admin
Post date October 19, 2022

Arabic We, Haitham bin Tarik, the Sultan of Oman after perusal of the Basic Statute of the State, the Oil and Gas Law promulgated by Royal Decree 8/2011, and the Petroleum Agreement between the Government of the Sultanate of Oman and Shell Integrated Gas Oman BV, Alizz Gas Development LLC, and Totalenergies EP Oman Block 11 SAS for Block 11 signed on 15 September 2022, and in pursuance of public interest,

have decreed as follows

Article I

The aforementioned petroleum agreement is hereby approved.

Article II

The provisions of the aforementioned petroleum agreement shall apply notwithstanding any provisions to the contrary in laws, royal decrees, or regulations in force in the Sultanate of Oman on the date of entry into force of this decree.

Article III

This decree shall be published in the Official Gazette, and comes into force on the date of its issuance. Issued on: 23 Rabi Al-Awwal 1444 Corresponding to: 19 October 2022

Haitham bin Tarik Sultan of Oman

Published in Official Gazette 1464 issued on 23 October 2022.