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Ministerial Decision

Ministry of Commerce and Industry: Ministerial Decision 13/2017 Issuing the Regulation Governing the Works of Establishments and Companies Operating in Contracting

Arabic

Based on the Commercial Register Law 3/74,

the Commercial Companies Law 4/74,

and the Regulation Governing the Works of Establishments and Companies Operating in Contracting issued by Ministerial Decision 174/2014,

 and in pursuance of public interest,

it is hereby decided

Article I

The provisions of the attached regulation shall apply in regard to governing the works of establishments and companies operating in contracting.

Article II

The aforementioned Decision 174/2014 is hereby repealed, as well as all that is contrary to the attached regulation or in conflict with its provisions.

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: 18 Rabi Al-Thani 1438
Corresponding to: 17 January 2017

Dr Ali bin Masoud bin Ali Al-Sunaidi
Minister of Commerce and Industry

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 5/2017 Approving the Accession of the Sultanate of Oman to the Grain Trade Convention, 1995

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 Grain Trade Convention, 1995,

and in pursuance of public interest,

have decreed as follows

Article I

The accession of the Sultanate of Oman to the Grain Trade Convention, 1995 is hereby approved in the form attached.

Article II

Competent bodies shall deposit the instrument of accession for the aforementioned convention in accordance with its provisions.

Article III

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

Issued on: 16 Rabi Al-Thani 1438
Corresponding to: 15 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 4/2017 Ratifying the Cooperation Agreement in the Field of Civil Defence between the Sultanate of Oman and the United Arab Emirates

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 Cooperation Agreement in the Field of Civil Defence between the Sultanate of Oman and the United Arab Emirates signed in the city of Abu Dhabi on 4 Dhu Al-Hijja corresponding to 6 September 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: 16 Rabi Al-Thani 1438
Corresponding to: 15 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 3/2017 Promulgating the System of the Public Authority for Stores and Food Reserve

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 62/80 Establishing the Public Authority for Stores and Food Reserve,

and the System of Public Authorities and Establishments promulgated by Royal Decree 116/91,

and in pursuance of public interest,

have decreed as follows

Article I

The attached system shall apply in regard to the Public Authority for Stores and Food Reserve.

Article II

The Chairman of the Board of Directors of the Public Authority for Stores and Food Reserve shall issue the necessary regulations and decisions for implementing the provisions of the attached system, and until they are issued, the regulations and decisions in force shall continue to operate to the degree that they do not contradict with its provisions.

Article III

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

Article IV

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

Issued on: 16 Rabi Al-Thani 1438
Corresponding to: 15 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 2/2017 Ratifying the Basic Statute of the Economic Judicial Authority of the Cooperation Council for the Arab States of the Gulf

Arabic

We, Qaboos bin Said, the Sultan of Oman

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

The decision of the Supreme Council of the Cooperation Council for the Arab States of the Gulf in its 16th consultation meeting held in the city of Jeddah in the Kingdom of Saudi Arabia on 24 Sha’ban 1437 corresponding to 31 May 2016 adopting the Basic Statute of the Economic Judicial Authority of the Cooperation Council for the Arab States of the Gulf,

and in pursuance of public interest,

have decreed as follows

Article I

The aforementioned Basic Statute of the Economic Judicial Authority of the Cooperation Council for the Arab States of the Gulf 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: 16 Rabi Al-Thani 1438
Corresponding to: 15 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 7/2017 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of the Republic of Tunisia on the Mutual Visa Exemption 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 Tunisia on the Mutual Visa Exemption for Holders of Diplomatic, Special, and Service Passports signed in the city of Muscat on 14 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: 16 Rabi Al-Thani 1438
Corresponding to: 15 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 6/2017 Ratifying the Agreement between the Government of the Sultanate of Oman and the Government of Hungary for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income

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 Hungary for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income signed in the city of Muscat on 2 Safar 1438 corresponding to 2 November 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: 16 Rabi Al-Thani 1438
Corresponding to: 15 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1178 issued on 22 January 2017.

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Royal Decree

Royal Decree 1/2017 Ratifying the General Budget of the State for Fiscal Year 2017

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 Financial Law promulgated by Royal Decree 47/98,

and after presentation to Majlis Oman,

and in pursuance of public interest,

have decreed as follows

Article I

The General Budget of the State for Fiscal Year 2017 is hereby ratified in accordance with the attached schedules.

Article II

All ministries and governmental units shall implement the provisions of this decree each within its competence.

Article III

This decree shall be published in the Official Gazette and shall come into force on 1 January 2017.

Issued on: 2 Rabi Al-Thani 1438
Corresponding to: 1 January 2017

Qaboos bin Said
Sultan of Oman

Published in Official Gazette 1175 issued on 1 January 2017.

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Intel

Case Summary: Supreme Court (Civil Circuit) Contestation 1153/2016

A sale agreement for the purchase of a property stipulated that the agreement automatically terminates in the case of the failure to deliver the property within 160 days from the date of the delivery of the default notification from the buyer. The seller failed to deliver the property on time, so the buyer sued both the seller and the contractor for breach of contract and demanded specific performance. The Primary Court in Muscat held that specific performance was not possible and ruled that the contract is rescinded, while the Court of Appeal in Muscat ruled specific performance against the seller and ordered him to deliver the property. The seller contested the decision at the Supreme Court on the grounds that specific performance was not possible due to a force majeure event, i.e. the failure of government entities to provide electricity and water connections, but the Supreme Court rejected this argument on the grounds that an experienced developer such as the one in this case should have known to plan around government procedures. However, the Supreme Court also ruled that the Court of Appeal did not consider the fact that the buyer had not paid up the full price of the property when ordering specific performance, and accordingly referred the case back to the Court of Appeal for reconsideration.

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Intel

Case Summary: Supreme Court (Civil Circuit) 64/2016 (Objection to Court Jurisdiction Over Dispute Subject to Arbitration Clause)

In a contractual dispute over rent payments, the Supreme Court held that the Court of Appeal in Sohar cannot, at its own initiative, set aside the judgment of the Primary Court in Suwaiq on the basis that the court has no jurisdiction due to the existence of an arbitration clause in the contract if none of the parties to the dispute raised this as a defence.

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