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Ministerial Decision

Ministry of Environment and Climate Affairs: Ministerial Decision 41/2017 Issuing the Regulation of Ambient Air Quality

Arabic

Based on the Environment Protection and Pollution Prevention Law promulgated by Royal Decree 114/2001,

and Royal Decree 18/2008 Determining the Competences of the Ministry of Environment and Climate Affairs and Adopting Its Organisational Structure,

 and in pursuance of public interest,

it is hereby decided

Article I

The provisions of the attached regulation shall apply in regard to ambient air quality.

Article II

All that is contrary to the attached regulation, or in conflict with its provisions, is hereby repealed.

Article III

Those addressed by the provisions of the attached regulation shall rectify their status in accordance with its provisions within a period not exceeding 6 (six) months from the date of its entry into force.

Article IV

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

Issued on: 12 Rajab 1438
Corresponding to: 10 April 2017

Mohammed bin Salim bin Said Al-Tobi
Minister of Environment and Climate Affairs

Published in Official Gazette 1190 issued on 16 April 2017.

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Royal Decree

Royal Decree 19/2017 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of the Republic of Cyprus on the Exemption of Visa Requirement for Holders of Diplomatic, Special and Service Passports

Arabic

We, Qaboos bin Said, the Sultan of Oman

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

and the Agreement between the Government of the Sultanate of Oman and the Government of the Republic of Cyprus on the Exemption of Visa Requirement for Holders of Diplomatic, Special and Service Passports signed in the city of Muscat on 18 Rabi Al-Awwal 1438 corresponding to 18 December 2016,

and in pursuance of public interest,

have decreed as follows

Article I

The aforementioned agreement is hereby ratified in the form attached.

Article II

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

Issued on: 12 Rajab 1438
Corresponding to: 10 April 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1190 issued on 16 April 2017.

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Royal Decree

Royal Decree 18/2017 Ratifying the Agreement between the Sultanate of Oman and Japan for the Reciprocal Promotion and Protection of Investment

Arabic

We, Qaboos bin Said, the Sultan of Oman

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

and the Agreement between the Sultanate of Oman and Japan for the Reciprocal Promotion and Protection of Investment signed in Tokyo on 19 June 2015,

and in pursuance of public interest,

have decreed as follows

Article I

The aforementioned agreement is hereby ratified in the form attached.

Article II

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

Issued on: 12 Rajab 1438
Corresponding to: 10 April 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1190 issued on 16 April 2017.

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Royal Decree

Royal Decree 17/2017 Granting Omani Nationality

Arabic

We, Qaboos bin Said, the Sultan of Oman

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

and the Omani Nationality Law promulgated by Royal Decree 38/2014, 

and in pursuance of public interest,

have decreed as follows

Article I 

Omani nationality is hereby granted to those named in the attached list.

Article II

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

Issued on: 7 Rajab 1438
Corresponding to: 5 April 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1189 issued on 9 April 2017.

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Intel

Case Summary: Supreme Court (Criminal Circuit) 19/2017 (Criminal Liability for Failure to Compensate for Official Holidays)

The Public Prosecution sued an employer as a criminal action for failing to compensate employees on a 2-week on 2-week off rotation work system for working on official holidays and rest days. The court held that criminal convictions require a high standard for establishing an offence, and depriving employees of national holidays and rest days can be justified in the overall package offered through the 2-week on 2-week off rotational system if it is more advantageous to employees.

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Royal Decree

Royal Decree 11/2017 Determining the Competences of the Ministry of Commerce and Industry and Adopting Its Organisational Structure

Arabic

We, Qaboos bin Said, the Sultan of Oman

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

and Royal Decree 102/2005 Determining the Competences of the Ministry of Commerce and Industry and Adopting Its Organisational Structure,

and in pursuance of public interest,

have decreed as follows

Article I

The competences of the Ministry of Commerce and Industry are hereby determined in accordance with the attached Annex 1.

Article II

The organisational structure of the Ministry of Commerce and Industry is hereby adopted in accordance with the attached Annex 2.

Article III

The aforementioned Royal Decree 102/2005 is hereby repealed as well as all that is contrary to this decree, or in conflict with its provisions.

Article IV

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

Issued on: 13 Jumada Al-Thani 1438
Corresponding to: 12 March 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1186 issued on 19 March 2017.

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Intel

Case Summary: Supreme Court (Civil Circuit) 293/2016 (Characteristics of Adhesion Contracts)

In a dispute between a bank and a corporate client, the Supreme Court held that the standard terms and conditions of the contract signed between a bank and this corporate client do not fulfil the characteristics of an adhesion contract, and therefore these terms and conditions cannot be set aside on this ground.

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Intel

Case Summary: Supreme Court (Criminal Circuit) 661/2016 (Public Interest as a Defamation Defence)

A Twitter user was accused of violating the Cybercrime Law by insulting agents of a falaj for their role in depriving a public park of water, which led to the deterioration of the conditions of the park. The Supreme Court ruled that the competing intentions of the perpetrator (protecting public interest vs insulting certain individuals) must be weighed against each other when determining if a crime has taken place. In this case, the Supreme Court refused to overturn the judgment of the Court of Appeal in Nizwa finding him not guilty on the basis that the public interest intention outweighed the insult intention.

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Ministerial Decision

Ministry of Transport and Communications: Ministerial Decision 42/2017 Issuing the Seafarer Identity Document Regulation

Arabic

Based on the Maritime Law promulgated by Royal Decree 35/81,

and the Maritime Passport Regulation issued by Ministerial Decision 125/2011,

and in pursuance of public interest,

it is hereby decided

Article I

The provisions of the attached regulation hereby apply in regard to the seafarer identity document

Article II

The aforementioned Ministerial Decision 125/2011 is hereby repealed, as well as all that is contrary to the attached regulation or in conflict with its provisions, with the continued applicability of maritime passports until the expiry of their validity period.

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: 24 Jumada Al-Awwal 1438
Corresponding to: 21 February 2017

Dr Ahmed bin Mohammed bin Salim Al-Futaisi
Minister of Transport and Communications

Published in Official Gazette 1183 issued on 26 February 2017.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 380/2016 (Invalidation of Trade Mark Registration) 

 

The Supreme Court confirmed the invalidation of a new trade mark registration due to its similarity to an existing registration. In deciding if the trade marks are similar, the Supreme Court held that one must look at the collective elements of the mark and not individual elements.

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