Category: Royal Decree

Arabic

We, Qaboos bin Said, the Sultan of Oman

after perusal of the Basic Statute of the State promulgated by Royal Decree 101/96,

Royal Decree 4/74 Issuing the Commercial Companies Law and its amendments,

Royal Decree 27/80 Issuing the Postal Service Law,

Royal Decree 47/2001 that established the Ministry of Transport and Communications,

and Royal Decree 77/2004 Issuing the Privatisation Law,

and in pursuance of public interest,

have decreed as follows

Article I

A closed Omani joint stock company named “Oman Post Company SAOC” wholly owned by the government is hereby established as from the date of entry into force of this decree.

Article II

1. All assets; liabilities; holdings; in rem, personal, and moral rights; and the accounting records and books of the Directorate General of Post and the Directorate General of Post in the Governorate of Dhofar are hereby transferred to the company and it bears their obligations.

2. All buildings designated for postal services are hereby transferred to the company at a token value amounting to one Rial Omani, except for the places designated for the Directorate General of Post in the headquarters building of the Ministry of Transport and Communications.

As for the lands on which these buildings are located or vacant lands designated for postal services, the company must benefit from them at a token financial charge through a usufruct for a period of 50 years renewable in accordance with the terms of the usufruct contract made between the company and the government.

Article III

The functions and objectives of the company must be determined in accordance with the constitutive contract and the articles of association of the company.

Article IV

The headquarters of the company must be in the Governorate of Muscat. It may establish branches or offices inside or outside the Sultanate.

Article V

The authorised capital of the company is hereby determined at an amount of 6,000,000 (six million) Rial Omani and the issued one at an amount of 3,500,000 (three million and five hundred thousand) Rial Omani, and it is permitted to amend the capital of the company in accordance with the Commercial Companies Law.

The capital of the company is divided into equal shares. The nominal value of each of them is one Rial Omani.

Article VI

The board of directors must be formed by a decision by the Council of Ministers based on the nomination of the Minister Supervising the Ministry of Finance in coordination with the Ministry of Transport and Communications.

Article VII

The financial resources of the company consist of the following:

1. The issued capital of 3,500,000 (three million and five hundred thousand) Rial Omani, and it is permitted to amend it in accordance with the Commercial Companies Law.

2. Revenues from the operational and investment business of the company.

3. Annual subsidy provided by the government to cover a deficit that may arise in the operational budget of the company.

4. Grants and gifts approved by the board of directors of the company and the relevant entities.

Article VIII

The company is exempted from corporate income tax for a period of five years starting from the date of practising the activity of the company. This may be renewed if necessary for no more than five years, provided that the renewal is issued by a decision by the Financial Affairs and Energy Resources Council.

Article IX

The company shall continue to apply the government systems and rules currently in force until the issuance of the systems and rules of the company, in a manner that does not contradict with the provisions of this decree.

Article X

The officials of the Directorate General of Post and the Directorate General of Post in the Governorate of Dhofar, who are identified in accordance with the needs of the company, must be transferred to the company. The regulations governing their affairs continue to operate until the issuance of an employee regulation by the board of directors of the company in accordance with the provisions of the Labour Law, and the provisions of Royal Decree 77/2004 Issuing the Privatisation Law also apply in their regard and in regard to those officials who have not been transferred.

As for the new employees who will be appointed after the issuance of this decree, the provisions of the Omani Labour Law and the provisions of the regulation referred to in the preceding paragraph apply in their regard.

Article XI

The company shall prepare its constitutive contract and its articles of association in accordance with the provisions of the aforementioned Commercial Companies Law, in a manner that does not contradict with the provisions of this decree.

Article XII

The provisions of the aforementioned Commercial Companies Law apply to the company in regard to matters not governed by a special text in this decree.

Article XIII

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

Issued on: 26 Rabi Al-Thani 1426
Corresponding to: 4 June 2005

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 793 issued on 15 June 2005.

Arabic We, Qaboos bin Said, the Sultan of Oman after perusal of the Basic Statute of the State issued by Royal Decree 101/96, and the Advocacy Law issued by Royal Decree 108/96 and its amendments, and in pursuance of public interest,

have decreed as follows

Article I

The text of the first paragraph of article 4 of the mentioned Advocacy Law is hereby replaced with the following text:

As an exception to the provision of article 3(a), litigants may be represented by their spouses, in-laws, and relatives up to the fourth degree in appearance and pleading. Officers of legal directorates in the government and public authorities and establishments who hold a degree in Sharia or law from a recognised university or higher institute are deemed advocates equivalent to those admitted to appear, plead, and sign lawsuit statements and contestations before courts of all levels.

Article II

This decree must be published in the Official Gazette, and comes into force on the date of its issuance. Issued on: 25 Jumada Al-Awwal 1426 Corresponding to: 2 July 2005

Qaboos bin Said Sultan of Oman

Published in Official Gazette 795 issued on 16 July 2005.

Arabic

We, Qaboos bin Said, the Sultan of Oman

after perusal of the Basic Statute of the State issued by Royal Decree 101/96,

and the Law on the Expropriation for Public Benefit issued by Royal Decree 64/78 and its amendments,

and in pursuance of public interest,

have decreed as follows

Article I

The project for expanding the Souq of Wilayat Ibri specified in the accompanying memorandum and masterplan is deemed a public benefit project.

Article II

The competent entities may seize, through direct execution, establishments and lands necessary for the project, in accordance with the provisions of the mentioned Law on the Expropriation for Public Benefit.

Article III

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

Issued on: 28 Rabi Al-Awwal 1426
Corresponding to: 7 May 2005

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 791 issued on 15 May 2005.

Arabic

We, Qaboos bin Said, the Sultan of Oman

after perusal of the Basic Statute of the State issued by Royal Decree 101/96,

and the Agreement for Cooperation on Combating International Terrorism, Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and Organized Crime between the Government of the Sultanate of Oman and the Government of the Republic of Turkey signed in Muscat on 31 January 2005,

and in pursuance of public interest,

have decreed as follows

Article I

The mentioned agreement is hereby ratified.

Article II

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

Issued on: 28 Rabi Al-Awwal 1426
Corresponding to: 7 May 2005

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 791 issued on 15 May 2005.

Arabic We, Qaboos bin Said, the Sultan of Oman after perusal of the Basic Statute of the State issued by Royal Decree 101/96, and the Commercial Companies Law 4/74 and its amendments, and in pursuance of public interest,

have decreed as follows

Article I

The text of article 13bis(8) of the mentioned Commercial Companies Law is hereby replaced with the following text:

The merger must be announced by publication in two daily newspapers for two consecutive times and registered in the Commercial Register. The implementation of the merger decision must be after the lapse of three months from the date of its publication in the Commercial Register. The Minister of Commerce and Industry may, by a decision published in two daily newspapers for two consecutive times, reduce this period if the public interest so requires. The creditors of the merged company may, within the prescribed time limit, object to the merger with the company by a registered letter. The merger shall remain suspended unless the creditor waives his objection or the competent court decides to reject it by a final judgment or the company fulfils the debt if it is immediate or provides sufficient guarantees to fulfil it if it is deferred. and if no objection is submitted within the deadline, the merger must be considered effective.

Article II

This decree must be published in the Official Gazette, and comes into force on the date of its issuance. Issued on: 24 Rabi Al-Awwal 1426 Corresponding to: 3 May 2005

Qaboos bin Said Sultan of Oman

Published in Official Gazette 791 issued on 15 May 2005.

Arabic

We, Qaboos bin Said, the Sultan of Oman

after perusal of the Basic Statute of the State issued by Royal Decree 101/96,

the Oil and Minerals Law issued by Royal Decree 42/74,

and the petroleum agreement between the Minister of Oil and Gas on behalf of the Government of the Sultanate of Oman and Reliance Industries Limited signed on 12 March 2005,

and in pursuance of public interest,

have decreed as follows

Article I

The petroleum agreement signed on 12 March 2005 between the Government of the Sultanate and Reliance Industries Limited is hereby approved.

Article II

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

Issued on: 3 Rabi Al-Awwal 1426
Corresponding to: 12 April 2005

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 789 issued on 16 April 2005.

Arabic

We, Qaboos bin Said, the Sultan of Oman

after perusal of the Basic Statute of the State issued by Royal Decree 101/96,

the Commercial Companies Law 4/1974 and its amendments,

and the Law on Pensions and End of Service Gratuity for Omani Government Officers issued by Royal Decree 26/86 and its amendments,

the Social Insurance Law issued by Royal Decree 72/91 and its amendments,

the Capital Market Law issued by Royal Decree 80/98 and its amendments,

Royal Decree 46/99 Transforming the Public Authority for Telecommunications Into an Omani Closed Joint Stock Company (SAOC),

and the Privatisation Law issued by Royal Decree 77/2004,

and in pursuance of public interest,

have decreed as follows

Article I

The issued capital of Oman Telecommunications SAOC is hereby increased to seventy-five million Rial Omani from 31 December 2003.

The company may amend its issued or authorised capital in accordance with the procedures prescribed in the mentioned Commercial Companies Law.

Article II

The company may be converted into a public joint stock company by following the procedures stipulated in the mentioned Commercial Companies Law.

Article III

The amendment of the duration of the company, the rules and procedures for forming its board of directors, or other provisions contained in its articles of association must be by a decision of the general meeting of the company.

The general meeting and the board of directors of the company may exercise the powers and authorities prescribed for each of them in the mentioned Commercial Companies Law.

Article IV

The Council of Ministers shall issue the rules governing the following:

1. Determining the percentage, procedures, and conditions for selling any part of the capital of the company owned by the government, or offering it for public subscription.

2. Determining the nominal value of the shares of the capital of the company and the entities and persons who may purchase or subscribe to them.

3. Determining the period during which it is not permitted for purchasers of the shares of the capital of the company to dispose of them to others, or during which it is not permitted for subscribers to trade the subscribed shares to other than Omani individuals.

The determination of the mentioned rules must be an exception to the provisions of the mentioned Commercial Companies Law, the Capital Market Law, and the Privatisation Law.

Article V

The provisions of the mentioned Law on Pensions and End of Service Gratuity for Omani Government Officers must apply to employees transferred and appointed to the company until 30 June 2003.

These provisions must continue to apply to the mentioned employees if they are appointed after this date in one of the subsidiaries established by Oman Telecommunications Company.

The provisions of the mentioned Social Insurance Law must apply to employees appointed after this date.

Article VI

Article XI of the mentioned Royal Decree 46/99 is hereby repealed, as well as all that is contrary to this decree or in conflict with its provisions.

Article VII

This decree must be published in the Official Gazette, and comes into force on the date of its publication, with the exception of article IV, which comes into force on 18 January 2005.

Issued on: 3 Rabi Al-Awwal 1426
Corresponding to: 12 April 2005

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 789 issued on 16 April 2005.