2024中东法律资讯简报1月刊--盈科&莎彦(阿联酋)法律事务所发布

文摘   社会   2024-01-31 18:11   阿联酋  







2024中东法律

资讯简报1月刊

盈科&莎彦(阿联酋)法律事务所发布

Intro

This is your weekly appointment with the legal newsletter, in which we present to you everything that is important and new in the legal field. Presented by Yingke & Shayan Legal Consulting- Dubai - UAE.


UAE



01

Federal Law No. (12) of 2023

阿联酋财政部发布的规范联邦公共部门与私营部门之间的合作伙伴关系的2023年第12号联邦法案已于2023年12月1日生效,鼓励私营部门参与发展和战略项目,并促进联邦公共部门实施的经济、社会和服务价值项目的投资。该法案旨在利用私营部门的能力和专业知识,实现高效管理和提供最佳成本价值的公共服务,同时减轻政府面临的财务和运营风险负担。 


The Ministry of Finance announced the issuance of Federal Law No. (12) of 2023, regulating partnerships between the federal public and private sectors, which became effective as of December 1, 2023.


The law aims to regulate the partnership between the federal public sector and the private sector in the country, and to encourage the private sector to participate in development and strategic projects, and to increase investment in projects of economic, social and service value implemented by the federal public sector, and to enable the government to implement its strategic projects efficiently and effectively, and to benefit from Of the financial, administrative, organizational, technical and technological capabilities and expertise available in the private sector, enabling society to obtain the best services in a way that achieves the best value for cost, in addition to increasing productivity and improving the quality of public services, while ensuring effective management for the development of those services.


The law also aims to transfer knowledge and experience from the private sector to federal agencies, train and qualify employees of federal agencies in the country to manage and operate projects, implement projects that provide added value to public money, reduce the burden of financial and operational risks on the government that may result from implementing projects, and transform In managing some infrastructure projects and public services through implementation in accordance with approved policies and controls to achieve quality and stimulate the competitiveness of projects in local, regional and global markets.


The provisions of the law apply to any partnership project that is wholly or partially funded by the private sector and proposed by a federal entity. It also explicitly specifies the contracts, projects and entities excluded from the application of its provisions in Article (4) thereof, which includes partnership contracts that were concluded before its entry into force in a manner that does not conflict with The provisions of Article (32) of this law, the outsourcing of services specified in the Partnership Projects Manual, projects whose value is less than the financial limit stipulated in the Partnership Projects Manual, public asset and service privatization projects, supply and procurement contracts related to national security specified in the Partnership Projects Manual, and federal agencies. And the sectors and projects that are excluded according to the decision of the Council of Ministers.


For the purposes of flexibility, continued implementation of work, and ensuring that any government services are not interrupted, the law included an explicit text that includes the continuation of implementation of Cabinet Resolution No. (1/1) of 2017 regarding the Guide to the Provisions and Procedures of Partnership Contracts between Federal Entities and the Private Sector and Cabinet Resolution No. (4/). 8) of 2019 regarding the guidance guide for the provisions and procedures of partnership between the public and private sectors in the country, until the issuance of the guide for partnership projects stipulated in the law, to the extent that it does not conflict with its provisions.

02

阿布扎比颁布新人工智能法律

阿布扎比颁布了一项新的人工智能法律,设立了人工智能和先进技术委员会,负责制定和实施相关政策和战略,以提升阿布扎比在人工智能和先进技术领域的地位。



Abu Dhabi’s Ruler has issued a new Artificial Intelligence Law.


The Law establishes the Artificial Intelligence and Advanced Technology Council or AIATC.


It will be responsible for developing and implementing policies and strategies related to research, infrastructure and investments in artificial intelligence and advanced technology in the Emirate.


It will also be responsible for developing plans and research programmes together with local and global partners to improve Abu Dhabi’s status in the fields of Artificial Intelligence and advanced technology.


The Ruler also issued a Decision appointing members of the new council.



Saudi Arabia



01

利雅得将建首个行政执行法庭

利雅得将建立首个行政执行法庭,负责执行法院判决,包括针对部门和政府机构的裁决。行政裁决的执行将通过在法院提交声明和请求执行来进行,相关部门将负责执行。行政执行法庭可以对违反执行规定的个人处以罚款,并对公共部门员工滥用职权以阻止执行裁决的行为进行刑事处罚。 


The first administrative enforcement court is going to be established in Riyadh.It will have jurisdiction to enforce court decisions issued.


This will apply even where the decision is issued against ministries and government agencies.The enforcement of administrative rulings will be carried out by submitting a request for enforcement in a statement of claim deposited in the court.This will be referred to the relevant department to execute.


The department will then notify the party against whom enforcement is requested with a period of five days for urgent judgments and 30 days for other judgments.


Under the Implementing Regulations to the Enforcement Law before the Courts under the Board of Grievances, convicted individuals, including state agencies and companies partially owned by the state should take the initiative to implement the final rulings subject to expedited enforcement.


In terms of enforcement against administrative agencies, such as ministries and government agencies, the Administrative Enforcement Courts will issue a warning to the administrative authority for enforcement within a specific period.


The department may inform the Oversight and Anti-Corruption Authority or ( Nazaha ) of details including in its disciplinary jurisdiction.


The Administrative Enforcement Court may order the imposition of a fine amounting to 10,000 Riyals on the individual against whom the enforcement rule is carried out.


An employee in the public sector will be jailed for up to seven years and fined up to 700,000 Riyals if they exploit their position to prevent enforcement of the ruling.


The employee will also be jailed for five years and fined up to 500,000 Riyals if they deliberately refrain from executing the required document, partially or completely, with the intention of obstruction, eight days after they were notified of the warning or the receipt of the enforcement procedures.


The implementation must be within their jurisdiction.

02

沙特阿拉伯计划放宽酒精饮料销售

沙特阿拉伯计划允许在沙特向非穆斯林外交官销售酒精饮料。酒精饮料将在位于利雅得的外交区销售,进入商店的权限将限于通过名为“Diplo”的应用程序注册姓名的人,并实行月度配额制度,仅严格限于满21岁的非穆斯林人员。



Saudi Arabia intends to allow the sale of alcoholic beverages to non-Muslim diplomats for the first time in the Kingdom.


It was said that alcoholic beverages would be “sold to non-Muslim diplomats” who had previously had to import alcohol through diplomatic pouch. Alcoholic beverages will be sold in the Diplomatic Quarter in Riyadh, which includes the headquarters of foreign missions and the residences of their workers and is located west of the city center.


According to the document, access to the store will be limited to people who register their names through an application called “Diplo” (short for diplomatic), and the principle of monthly quotas will be applied.


The document also states that entry to the store in the Diplomatic Quarter is “strictly restricted to non-Muslims” and that “persons under 21 years of age are not permitted to enter the store” and “appropriate clothing must be worn.”




Bahrain 



01

雇主残疾人员工配比增加至4%

巴林议会已批准修正案,要求公共和私营部门的雇主将招聘残疾人的配额从2%增加到4%,以建立更多元和包容性的工作团队。


Bahrain’s Shoura Council has approved amendments to the 2006 People with Disabilities Care, Rehabilitation and Employment Law, requiring employers in the public and private sectors to recruit more disabled people.


Under the amendments, employers with 50 or more employees will have to double their recruitment quota for disabled people from 2% to 4%.


The Labour Minister should also issue a Decree specifying the nature of roles and responsibilities for disabled people.


The aim is to help employers establish a more diverse and inclusive workforce.



Oman



01

阿曼税务部门推出税务清算倡议

阿曼税务部门推出税务清算倡议,通过优惠税率帮助有困难的企业支付税款,并支持企业继续经营,倡议将减免相关纳税人所欠税款的50%,并可能可以分期支付,期限不超过三年。


Oman’s Tax Department has announced the launch of a Tax Position Settlement Initiative.It has been launched to help those who are struggling to pay reduced tax rates and help businesses continue operating.


Struggling income taxpayers must use a specific form to submit their requests within six months from the launch of the initiative at the start of January 2024.


It should be noted that the reduction rate targeted by the initiative amounts to 50% of the taxes owed by the taxable person, with the possibility of installments for a period not exceeding three (3) years.


The Tax Authority seeks to study the results of this initiative. To be developed in the future, and to introduce other initiatives that contribute to helping taxable people fulfill their tax obligations, and reducing the financial burdens on them, in addition to the benefits previously available in accordance with tax legislation, such as tax exemption for some activities, the installment system, and exemption from tax fines according to certain controls and foundations.

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*盈科&莎彦(阿联酋)办公室介绍*
是经阿联酋司法部门于2015年批准设立的法律服务机构,是北京盈科律师事务所在中东设立的分支机构,并实际运营迪拜本地律所苏莱曼·纳克比律师事务所,拥有500多家国际企业客户,与中东多个国家的律师事务所建立紧密合作关系,主要致力于为出海中东的中国企业提供全方位的本地化法律服务。

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