中东法律资讯简报10月刊
— Weekly Legal Newsletter —
盈科&莎彦(阿联酋)法律事务所发布
前言
The weekly legal newsletter is concerned with and monitors all developments that occur in the legal arena, including the issuance of new laws and legislation, as well as their amendments, updates, etc., in the countries of the Middle East, especially (GCC countries, Egypt, and Iran).
中东法律简报关注中东国家,特别是海湾合作委员会国家法律领域发生的所有动态,包括新法律和立法的颁布及其修订、更新等。
# UAE 阿联酋
01
迪拜调解新规于2023年10月1日生效
迪拜国际仲裁中心(DIAC)于2023年7月批准的调解规则已于2023年10月1日生效,在此日期之后提交的调解请求均将适用于新规则。规则包括关于仲裁与诶定、通知、费用、调解员的任命、调解程序、保密性和文件保留等方面的规定,旨在确保调解的公平、公正与高效。
The Mediation Rules approved by the Dubai International Arbitration Centre (DIAC) in July 2023 have come into force on 1 October and mean all new mediation requests submitted to the Centre after this date will be governed by the Rules.
The Rules will apply where the parties have agreed to mediate their dispute at the Centre. Any party may refer a dispute to mediation at the Centre regardless of whether there is a pre-existing agreement to mediate.
Where there is a pre-existing agreement to mediate, the Rules will apply to mediations which start after the date the Rules came into force regardless of the date on which the agreement to mediate was entered into.
The parties may agree in writing to modify the Rules to the extent that the modifications are within the spirit of the Rules and do not render them inoperable, providing the modifications are approved by the mediator.
Where the parties reach an agreement to refer the dispute to mediation in line with the Rules, the mediation will start on the date the Centre sends written confirmation to the parties that agreement to this effect has been reached.
The Rules also contain provisions on notifications, communications and calculation of time limits, mediation costs, appointment of mediators, conduct of the mediation and conclusion of the mediation.
In addition, they contain provisions on confidentiality, the functions of the Centre and Arbitration Court, exclusion of liability and document retention.
02
迪拜自由区新措施讨论
迪拜自由贸易区委员会正在讨论施行一系列措施,以允许企业按意愿选择入驻某个自由贸易区,同时鼓励初创企业在这些自由区建立业务。
Dubai’s Free Zones Council has discussed a range of measures to enable companies to choose their preferred free zones in the Emirate.
Free zones in Dubai are working on a series of measures that would enable companies to choose their preferred free zones in the emirate. The measures will also encourage startups and enable entrepreneurs to establish their businesses in the free zones.
This was among the discussion points as the Dubai Free Zones Council (DFZC) held its 24th meeting.
03
哈伊马角酋长国将禁止使用一次性塑袋
哈伊马角酋长国环境保护与发展局宣布,将于明年1月1日起禁止一次性塑料袋的使用。与其他阿联酋酋长国一样,此举是为了遵守全面禁止一次性塑料的规定。
Ras al Khaimah’s Environment Protection and Development Authority has announced a plastic bag ban will come into force on 1 January next year.
Under Ras al Khaimah Law No. 4/2023, the use and circulation of single-use plastic bags will be banned. It means no single-use plastic bags will be allowed in the Emirate.
The ban will apply to all bags provided by stores, including grocery shops and bakeries.
The ban has been introduced in line with the UAE-wide blanket ban on single-use plastics announced earlier this year. The UAE-wide ban will mean the importation, production and circulation of these materials will also be banned.
# Saudi Arabia 沙特
01
沙特ZATCA宣布针对新冠的豁免罚款倡议再延长
沙特阿拉伯天课、税收和海关总署(ZATCA)宣布将针对2020年新冠大流行的豁免罚款倡议再延长七个月。该倡议涵盖了各种税收领域的罚款豁免,已于2022年重新启动并延长至2023年5月31日,现在将进一步延长至2023年12月31日。
The Saudi Zakat, Tax, and Customs Authority (ZATCA) has announced a 7 month extension of the relaunched penalty exemption initiative that was first introduced in response to the COVID-19 pandemic in 2020. The initiative was relaunched in 2022 and subsequently extended to 31 May 2023, and has now been further extended until 31 December 2023. Exemptions are provided from:
- Fines resulting from late registration under all tax systems or tax laws;
- Fines for delayed (late) payment and tax return filing in all tax systems;
- Fines resulting from the correction of a VAT return; and
- Fines resulting from field detection of violations of VAT and e-invoicing.
- Taxes covered by the initiative include VAT, Withholding Tax, Excise Tax, Income Tax, and Real Estate Transaction Tax (RETT).
# Qatar 卡塔尔
01
卡塔尔中央银行宣布颁布贷款众筹法规
卡塔尔中央银行宣布颁布贷款众筹法规,以规范和发展该国的金融部门。新法规包括许可和监管相关活动。
Qatar’s Central Bank has announced it has issued loan-based crowdfunding regulations. They cover the licensing and regulation of these activities and services in the country.
Among other requirements, entities wanting to provide loan-based crowdfunding activities must apply for the relevant licence from the Central Bank.
The regulations have been issued in line with the national financial sector and Fintech strategies and the Central Bank’s efforts to regulate and develop the country’s financial sector.
# Kuwait 科威特
01
科威特开始实施“电子房地产经纪人”系统
科威特贸易和工业部副部长宣布推出并开始实施“电子房地产经纪人”系统的第一阶段,旨在保护购买者权益、提高购买者保护,以及促进政府部门之间的信息共享,并最终消除本地房地产市场的纸质交易。
The Undersecretary of the Trade and Industry Ministry Ziad Alnajem has announced the launch and activation of the first stage of a new "Electronic Real Estate Broker" system in Kuwait.
The system provides protection for the rights of customers from fictitious or unlicensed brokers and enhances consumer protection from fraud and fake increases by registering fees in the system automatically, and the system keeps the relevant government agencies immediately informed of everything that is happening in the sector.
The first phase of the system focuses on residential plots and residential lands as a first phase, and will be followed by several development phases until the system reaches all other real estate sectors.
# Oman阿曼
01
阿曼发布卫生保险系统的电子连接新规
阿曼资本市场管理局与10月9日发布了一项关于卫生保险系统的电子连接的规定,该规定规范了名为“Dhamani”的电子平台,将在发布后30日开始实施。该平台将通过电子方式连接保险公司和私人医疗机构,以统一卫生服务提供者和保险公司之间的保险交易渠道,同时为保险政策持有人提供了档案卫生文件。这将有助于提供医疗编码,确保医疗机构、保险公司和相关方遵守规定和程序,以提供高质量的医疗保健,同时防止滥用文件中的福利。规定还明确了用户的义务、数据安全、费用、管理局的监督角色和行政处罚,以确保规定得以落实。
The Capital Market Authority issued a decision (No. Kh/83/2023) issuing a regulation regulating the electronic connectivity of the health insurance system, the details of which were published on October 9, 2023, provided that the decision will be implemented 30 days after the date of its publication.
The Capital Market Authority said that the “Dhamani” electronic platform for the health insurance system represents a qualitative shift in regulating the health insurance sector in the Sultanate of Oman, because it will electronically connect insurance companies and private health institutions, and it will also be a unified channel for insurance transactions between health service providers and insurance companies. An archival health file is provided for insurance policy holders.
Regarding the user’s obligations, Article Four of Chapter Three stated that the insured must be notified of the purpose of collecting personal data and his right to access it and request it to be updated through the platform, as well as adherence to the medical coding specified for him by the Authority to use in all transactions that take place through the platform, in addition to bearing full responsibility. Regarding the actions he takes through the platform, maintaining the confidentiality of the information exchanged through the platform, and not disclosing it unless he is permitted to do so by the Authority.
# Egypt 埃及
01
埃及内阁决议修改《反洗钱法》实施条例
埃及2023年第3331号内阁决议修改了2003年总理第951号决议下的《反洗钱法》实施条例,要求所有反洗钱工作相关的机构维护关于反洗钱和反恐融资系统的有效性和充分性的综合统计信息。根据新条例的规定,这些机构需要跟踪包括可疑通报、反洗钱和反恐融资案件的调查和起诉情况、冻结、扣押或没收的资产以及国际合作请求等方面的统计数据。此外,新条例对恐怖主义融资的定义进行了明确。
Cabinet Resolution No. 3331 of 2023 amending some provisions of the executive regulations of the Anti-Money Laundering Law, issued by Prime Minister’s Resolution No. 951 of 2003, obligated all authorities concerned with combating money laundering to maintain comprehensive statistics on matters related to the effectiveness and adequacy of anti-money laundering and counter-terrorism financing systems.
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