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
1.阿联酋经济部批准新电子商务法
阿联酋经济部批准了一项新的电子商务法（2023年第14号联邦法令），该法涵盖了中央银行、税务局和电信及数字政府监管机构的要求，规范了网络安全、数字化转型和电子商务许可等方面。该法旨在保护通过电子商务渠道购买商品或服务下的消费者利益和知识产权。此外，该法还提供了争议解决的可选司法管辖和可选保险覆盖原则。
The UAE’s Economy Ministry has announced it has approved a new E-Commerce Law. The Federal Decree-Law No. 14/2023 has been approved to facilitate the growth of e-commerce in the country.
It integrates the roles of federal and local entities involved in e-commerce. It covers the requirements of the Central Bank on digital payment gateways, the requirements of the Federal Tax Authority and the requirements of the Telecommunications and Digital Government Regulatory Authority or TDRA.
In addition, it covers the cybersecurity requirements of federal and local entities and regulates the roles of the relevant federal and local entities in terms of the requirements and approvals required from the local entities concerned with the digital transformation of business activities and the e-commerce licensing requirements of economic development departments.
It will enable an authority to be established to integrate supervisory, regulatory and judicial control operations and organizes relations between merchants and merchants and digital merchants and consumers.And it applies to free zones in the country, including financial free zones, regarding activities that are not related to financial activities too.
However, it does not impose any additional requirements on digital traders or other service providers. It also protects consumer interests by safeguarding intellectual property rights and the purchase of goods or services via e-commerce channels.
It authorities trade conducted through modern technology and makes it similar to physical trade carried out.
It provides optional jurisdictions for dispute resolution, including arbitration as well and introduces an optional insurance coverage principle regarding obligations arising from trade through modern technology.
2.阿联酋政府批准了新的媒体法
阿联酋政府批准了新的媒体法（2023年第55号联邦法令），以规范媒体行业并保护国家的利益。该法律要求媒体个人和机构遵守国家媒体内容标准，尊重宗教信仰、国家主权和社会凝聚力，禁止传播可能损害国家统一、社会凝聚力以及法律和经济体系的信息。阿联酋媒体委员会将负责发放许可证、制定媒体内容评级系统、监督媒体机构，并推动知识产权保护等方面工作。
The UAE government has approved a new Media Law. The Federal Decree-Law No. 55/2023 has been issued to regulate the media sector and organize media activities in the country. This includes radio, television, newspapers and cinemas in the country.
The Law applies to individuals, organizations, media outlets and free zones dedicated to media in the country. It allows individuals and legal entities to own media institutions and outlets in line with specific regulations and conditions.
Media activities include the production, circulation, printing and publishing of media content as well as audio, video and digital broadcasting regardless of whether they are subscription-based or free-to-air.
This includes all affairs relating to the issuing and oversight of licenses and permits for the execution of media activities by individuals, establishments, and media institutions, including radio and television broadcasting, cinema movies and creative productions, newspapers and publications, digital and electronic media activities, book fairs, foreign publications, foreign media offices, printing, circulating and publishing media content and aerial, ground, and maritime imaging operations.
In addition, the Law organizes the UAE Media Council and local government entities responsible for regulating media affairs.
All media individuals and institutions operating in the UAE have to comply with the national media content standards. These include respecting the divine, and Islamic beliefs, as well as all other religions and beliefs.
They also include respecting the country’s sovereignty, symbols and institutions and the supreme interests of the UAE and its society and respecting the directions and policies of the country nationally and internationally.
In addition, they include avoiding any actions that may have an adverse impact on the UAE’s foreign relations and respecting the culture and civilization, national identity and values of the UAE community. Media outlets and individuals must refrain from disseminating or circulating information that may offend or compromise national unity or social cohesion.
They also have to refrain from disseminating or circulating information that may incite violence, hatred or propagate a spirit of discord among society members or the UAE’s legal and economic system.
Justice and security must not be exploited or abused either and privacy rules and individuals’ private lives must be respected.
The publication, broadcasting or circulating of rumours, false and misleading news or the publication of any matter that may constitute instigation to commit crimes must be avoided.
The UAE Media Council will be responsible for issuing permits for the screening of cinematographic and other creative productions.
They will also be responsible for defining the classifications of the Media Content Rating System for print and creative productions. This includes books, video games and cinematic production.
In addition, the Council will be responsible for determining the age groups suitable to view media and entertainment content and for issuing permits to individuals providing advertising or media content on social media and other modern technical means regardless of whether they are subscription-based or free-to-air.
Licensed or authorized individuals and media outlets will have to be overseen and supervised by the relevant authority.
The Council will be allowed to conduct surveillance and inspection of persons, outlets and media institutions, including in free zones.
The UAE Media Council, together with the relevant authorities will promote the protection of intellectual property among individuals, establishments and media institutions in the UAE.
Individuals, organizations and media outlets will have w12 months from the date of the Decree-Law being published to comply with it and its Implementing Regulations. This may be extended by a Cabinet Decision.
# Saudi Arabia
1.《民事交易法》已在沙特全国生效
沙特阿拉伯伊历1444年第820号内阁决议（《民事交易法》）已在全国生效，该法涵盖了自然人与法人的定义，物权、使用权以及其他各类权利类型，以及相关义务，涉及各类合同，规范个人之间的合同和金融交易，以提升交易稳定性、扩大合同自由度。
The Bureau of Experts at Saudi Arabia’s Cabinet has announced Saudi Arabia Cabinet Decision No. 820/1444 (the Civil Transactions Law) has come into force at courts across the Kingdom. The Law regulates the provisions of contracts and financial transactions between individuals.
It also governs all civil transactions, unless there is a special law that regulates special transactions. It covers definitions of natural and legal persons, things, funds, types of right, use of right and obligations in terms of personal rights such as sources of obligation, effects of obligation, descriptions incidental to the obligation, transfer of obligation and expiration of obligation.
It also deals with contracts, including contracts relating to ownership, contracts relating to benefit, contracts relating to work, partnership contracts, and guarantee and insurance contracts.
It details original real property rights and accessory real property rights and clarifies the jurisprudence rules. It regulates the provisions of contracts and financial transactions in public daily life, such as contracts for sale, rent, and partnerships and sets provisions for compensation for damage in the event of an act by a person causing harm to others, such as damage to property or harm to an individual.
It also specifies the rules for determining the amount of compensation an injured individual is entitled to and outlines the rules and provisions that guarantee creditors the fulfillment of their rights from debtors.
It also balances the interests of creditors and debtors, regulates ownership provisions and clarifies the restrictions that apply to ownership, such as restricting the right of a neighbour not to use their right in a way that harms their neighbour. It has been issued to promote the stability of transactions, reduce the reasons for invalidating or terminating contracts and expand contractual freedom.
2.沙特宣布推进统一电子代码服务
沙特商务中心宣布推进统一电子代码服务的第一阶段，将企业注册数据和许可证关联，以便提供最新最可靠的企业电子数据，并解决现阶段企业展示注册证书以及其他许可时可能有的混乱问题。
The Saudi Business Centre has announced it has launched the first phase of a Unified Electronic Code service.
The data of commercial registrations will be linked with municipal licenses, tax certificates and civil defence permits at the Unified Electronic Code.
The service has been launched to provide the latest and most reliable electronic data of establishments and address the issue of clutter caused by establishments having to display their primary data certificates at their premises and branches.
It has been launched together with the Commerce Ministry, the Municipal and Rural Affairs Ministry and the Housing Ministry, the Zakat, Tax and Customs Authority and the General Directorate of Civil Defence.
Subsequent phases will cover all operational data and licenses.
Business owners will be able to access the Unified Electronic Code service via the platform of the Saudi Business Centre easily.
# Kuwait
科威特政府通过新的居留法
科威特政府通过新的居留法规定了外国人入境、驱逐、居留许可交易和处罚等事宜。该法律规定了各类居留许可的期限和条件，并赋予与外国人结婚的科威特籍女性为丈夫和子女担保的权利。
The Kuwaiti government has announced it has finalised a new residency law. The law specifies the regulations for foreigners’ entry, deportation, iqama trade and penalties.
It also grants Kuwaiti women married to foreigners the right to sponsor their husbands and children, provided they haven’t obtained nationality under Article 8 of the new law., This provision relates to expatriate women naturalized by marrying Kuwaiti citizens. In addition, it authority hotels and apart hotels to report the residence of foreigners. A Ministerial Decision will determine fees for residency permits, renewals and all entry visas.
The law prohibits iqama trade through exploitation and imposes penalties of up to three years in jail and a fine of between 5,000 and 10,000 Dinars on violators. Only the country’s Public Prosecution will be able to issue residency trade pardons.
Domestic worker amendments mean domestic workers will be allowed to have regular residency permits for the duration of their contract period. If a domestic worker’s permit is cancelled when they leave the job, they must leave Kuwait within the specified time frames unless a new residency is obtained.
To transfer the domestic worker’s permit, the employer must give their approval and the worker cannot stay outside Kuwait for more than four months without permission from the Interior Ministry.
The Interior Minister will be able to deport foreigners, even if they have residency permits, on public interest, general security, public morality or lack of a legal source of income grounds.
Deportation decisions may include dependents and the deportee can be jailed for up to 30 days. This can be extended if required.
The Interior Minister can exempt deported foreigners from fines after they have left Kuwait. Heads of state, members of the diplomatic corps and official employees are exempt from the law. Foreigners will be able to stay for up to three months. This can be extended for up to a year.
Foreigners can also stay in Kuwait for five years, while children of Kuwaiti women and real estate owners can stay for 10 years and investors may be granted residency permits for 15 years.
# Oman
阿曼卫生部发布新签证体检规定
阿曼卫生部发布了新的签证体检规定，外籍人士可以在卫生部的电子健康门户或Sanad办事处上申请批准体检证明，而无需再前往卫生部体检中心。这项措施于1月7日起生效。
Oman’s Health Ministry has announced new visa medical certification guidelines have been issued.
The certifications are completed in Gulf Health Council centers abroad. From 7 January, expatriates will not have to visit Health Ministry medical fitness examination centers.
They will be able to approve their certificates on the Health Ministry’s electronic health portal or at Sanad offices instead. Patients who had medical fitness certificates issued before 7 January can continue to do so until 21 January.
The Royal Oman Police will not approve manually approved examinations after this date.
# Egypt
埃及2023年第77号总理决定
埃及2023年第77号总理决定规定了根据2017年第72号法令《投资法》及其实施条例获得投资激励的资格条件和限制。这一决定的发布将对投资项目的激励政策产生重要影响。
The Official Gazette published, in its issue No. 52 (continued), Prime Minister’s Decision No. 77 of 2023 regarding the Investment Incentives Law. The Prime Minister’s decision stipulated the implementation of the Investment Law promulgated by Law No. 72 of 2017, and the executive regulations of the law, with the rules for entitlement to investment incentives for the projects addressed.
The decision included the rules for entitlement to the cash investment incentive stipulated in Article (11) bis of the law, the projects addressed, the eligibility conditions, the incentive categories, and the impediments to entitlement to the incentive.
The decision also published the conditions for entitlement to investment incentives for projects, including that the project depend for its financing on, until the date of starting the activity, on foreign exchange transferred from abroad by at least 50% of its funds in accordance with the definition of “funds” contained in the law. Transferred foreign currency transfer operations include.
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