

Kuwait’s Cabinet has approved the draft laws regarding the GCC unified selective excise tax and VAT. The drafts have been referred to the National Assembly for their consideration. The selective tax will be levied at 100% on tobacco and energy drinks and 50% on soft drinks. The draft bill includes a fine of up to 4000 Dinars for taxpayers who fail to comply with the tax rules. Those who report people who don’t comply will be rewarded. VAT will be introduced across the GCC on 1 January 2018 at 5%.
This week the spotlight is on legal and regulatory developments in Saudi Arabia, where the Commerce and Investment Ministry and the General Investment Authority (Sagia), have announced foreigners will be able to own 100% of construction and engineering businesses. It follows a consultation which has recently concluded. Foreigners will be able to own 100% of these businesses so long as they have a 10-year operational track record and have a presence in at least four other countries. Sagia will be able to waive these restrictions if an application is considered to be in the Kingdom’s best interests.
Elsewhere, the Head of Saudi Arabia’s General Authority for Civil Aviation, Abdul Hakim Al-Tamimi has announced all of the Kingdom’s airports will be privatised by December this year. All of the country’s airports will be transferred to the Saudi Civil Aviation Holding Co first. They will then be transferred to the Public Investment Fund (PIF). The privatisation will be carried out in three ways. The first will see an airport transferred to a company like Riyadh’s King Khaled International Airport, where a minority holding was sold and an airport board of directors will then be established which will manage the company. The second is known as operation and maintenance like Jeddah’s King Abdul Aziz International Airport in Jeddah where the Civil Aviation Authority bears the capital cost of establishing the project and shares the income with investors. The third method is through Build, Operate and Transfer, like Madinah’s Prince Mohammed bin Abdul Aziz Airport where employees are an investor’s responsibility. The investors bear the capital cost of the project and share the income with the Authority.
There is still uncertainty surrounding the expected implementation of the new VAT regime. Lexis Middle East Law cuts through the ambiguity with a wide range of practical commentary from leading international and local law firms. Here is a selection of some of the articles that have been recently uploaded:
How VAT legislation will change the business set up models in the UAE
BSA Ahmad Bin Hezeem & Associates
http://www.lexismiddleeast.com/doc/2455752_2455753?highlight=vat
VAT Law-Analysis of VAT implications on corporate group structures
Hadef & Partners
http://www.lexismiddleeast.com/doc/2450808_2450811?highlight=vat
How will VAT impact the UAE Real Estate sector?
Hadef & Partners
http://www.lexismiddleeast.com/doc/2450792_2450793?highlight=vat
VAT–Is your business prepared?
Clyde & Co
http://www.lexismiddleeast.com/doc/2442196_2442198?highlight=vat
VAT and Commercial Contracts
Al Tamimi
http://www.lexismiddleeast.com/doc/4C4D454C415F323031365F53657074656D6265725F3234?highlight=vat
Lexis Middle East Law provides the largest online collection in the world of articles and commentaries on Middle East law, with contributions from hundreds of regional legal experts.
Qatar’s Cabinet has approved a draft law allowing some expatriates to obtain permanent residency. It is the first move of its kind in the GCC. Children of Qatari women married to non-Qataris, as well as expatriates who provide outstanding services to the country will be allowed to obtain permanent residency. If approved, the Interior Minister will be able to grant a permanent residency ID to a non-Qatari if they meet the conditions in the law.
Bahrain’s King Hamad bin Isa Al Khalifa has ratified Bahrain Law No 27/2017 to regulate the Kingdom’s real estate sector. The Real Estate Sector Regulatory Law annuls Bahrain Decree-Law No. 21/1976 which regulates the vocation of property dealership. The provisions which regulate the ownership of apartments and tiers under Articles 814-843 of the Civil Law (Bahrain Decree-Law No. 19/2001). Finally Bahrain Law No. 28/2014 regarding property development has been annulled. The law supersedes any provisions which contradict the provisions of the associated law. The Prime Minister and each of the respective ministers will implement the law which comes into effect on the first day after six months from its publication date in the Official Gazette. The provisions of the first chapter of the law come into effect one month after its publication.
This week the spotlight is on the issuing of the new Tax Procedures Law in the UAE. Under Federal Law No. 7/2017 (which has not yet been Gazetted), the foundations for the tax system are laid out whilst the administration and collection of taxes processes are stipulated and the role of the Federal Tax Authority is defined. It also defines a clear set of common procedures and rules to be applied to all tax laws in the UAE, particularly VAT and excise tax laws. The law covers tax procedures, audits, objections, refunds, collection and obligations, including tax registration, tax-return preparation, submissions, payment and voluntary disclosure rules as well as tax evasion. It also lays out the penalties for non-compliance as well as clear appeal processes in line with international best practices. When it comes into force businesses will have to keep records for five years.
An unofficial translation of the Law can be accessed here: https://www.mof.gov.ae/en/lawsAndPolitics/govLaws/Pages/TAX.aspx. We are monitoring the legislative progress of this important development with our publishing Partners, SADER Legal Publishing and will provide updates as and when appropriate.
The UAE’s Cabinet has approved new draft child car seat regulations. The approval follows a suggestion from the Emirates Authority for Standardisation and Metrology. It aims to adhere to the highest standards and reduce accidents involving children. Drivers will have to provide child car seats for children under four.
Abu Dhabi’s Global Market has announced it is establishing an Arbitration Centre. It is expected to start operations in early 2018. The decision coincides with the decision of the International Commerce Chamber to open the first representative office in the Middle East in the Global Market by January 2018. The Centre will also offer training in settling disputes.
This week the spotlight is on legal and regulatory developments in Oman, where the Manpower Ministry and Central Bank have announced plans to introduce a Wages Protection System (WPS) for all private sector companies, with a trial phase to begin on 18 November 2017. The WPS aims at controlling the payment of wages by employers to ensure timely receipt of salaries by employees per the amounts agreed in their employment contracts. The programme comes as a result of implementation of Article 53 of the Labour Law imposing the obligation of depositing the employee’s salary through one of the locally approved banks. It is expected further details of the programme will be released closer to the start date. Employers in the private sector will soon be required to subscribe to the Wages Protection System for submission of their employees’ salaries through the Central Bank of Oman.
Elsewhere, Oman’s Sultan has approved a number of Sultani Decrees including Oman Sultani Decree No. 33/2017 approving the GCC Commercial Transactions Law. It will be published in the Official Gazette along with Oman Sultani Decree No. 34/2017 promulgating the Veterinarian Products Law which will apply to veterinarian products.
Abu Dhabi’s Economic Development Department has announced the enforcement of amendments to its penalties regime in line with Abu Dhabi Executive Council Decision No. 47/2017 on violations regarding businesses or establishments licenced for economic activities in line with Article 6 of Abu Dhabi Law No. 2/2009. The amendments follow repeated violations by establishments licenced for economic activities in the Emirate. The Department has called on all establishments to go through the amendments and comply with the relevant regulations to avoid penalties ranging from formal warnings and fines depending on the nature of the violation.