Qatar Business Law: An Overview

Business Law Defined

• Business Law is a set of rules, regulations, and principles governing the activities of various organizations
• It provides the framework for how businesses operate
• Business Law encompasses agreements, contracts, and intellectual property protection
• It is also referred to as Commercial Law

Course Outline

• The course aims to provide an understanding the legal system in Qatar and the sources of local law
• It aims to explain business ownership possibilities, Qatar's securities legislation, also oil and gas regulations for Qatari organizations
• Key Qatar labor laws for both Qatari and foreign nationals will be identified with their implications on business in Qatar
• Contract law, tort law, and international laws applicable to businesses will be explored in the course
• The course covers legislation on intellectual property, data protection, and privacy, current legal trends, and local law compliance

Key Points About Qatar

• Qatar is politically stable, ranking among the top 10 richest countries
• It has one of the fastest-growing and most resilient economies
• Qatar's economy is based on oil and natural gas
• The country has the third-largest natural gas reserves worldwide
• Oil reserves exceed 25.2 billion barrels, with production expected to continue for over 50 years
• Qatar's liquefied natural gas (LNG) industry has attracted foreign investment making it the world's second-largest exporter
• The 2024 general budget focuses on investments in education and health
• Qatar has been ranked fourth globally for real estate investments among 50 countries
• Qatar has one of the lowest unemployment rates
• Approximately 85% of Qatar's population is expatriates
• Doha is ranked as the 3rd safest city globally

Qatar National Emblem

• The emblem includes four key elements: the sea, the sword, the palm, and the dhow
• The emblem is the Brand Identity of the State of Qatar

Qatar National Flag

• Law No. 14 of 2012 concerns the Qatar National Flag
• During the reign of Sheikh Hamad bin Khalifa Al Thani, Law No. 14 of 2012 was issued, requiring respect and dignified treatment of the flag as a symbol of the State
• Qatar's flag consists of white and maroon (‘Al Adam’) colors

Other National Symbols

• The National Tree is the Sidra Tree
• The National Anthem is As-Salam Al-Amiri
• The National Bird is the Falcon
• The National Animal is the Arabian Oryx

Topics Covered in Unit 1

• The purpose of a Constitution
• The five main parts of the Qatar Constitution
• The process of law-making in Qatar
• The Qatari judicial system

Learning Objectives

• A student must relate the Constitution to the authority to pass laws
• A student must describe the legislative process to pass laws, regulations, and Emiri Decrees
• A student must be able to explain the court systems in Qatar
• A student should identify each court in Qatar with respective hearings and processes

Essential Vocabulary

• Key terms for Unit 1 include: Appeal, Civil, Constitution, Democracy, Duties, Hereditary, Insolvency, Judicial, Jurisdiction, Legislation, Litigation, Money Laundering, Power, Precedent, Referendum, Rights, Sovereign, and Values

The Constitution of a Country

• The Constitution explains the country's organization and societal structure
• It specifies who can make laws and the procedure for doing so
• Details are provided regarding the powers of groups and individuals

Constitution’s Purpose

• It serves as a framework for governance
• Protection of rights
• The Rule of Law
• Establishes Checks and Balances
• Ensuring Legal Stability and Predictability
• Adaptability
• Legitimacy
• Promotes National Identity and Unity

Qatar’s Constitution Features

• The Qatar Constitution features a Preamble; Basic Provisions; references to The Emir; The Council of Ministers; The Advisory Council; mentions of The Judiciary; Public Rights and Duties; General Provisions
• The goal of these features is to balance traditional values with modern governance principles

Constitution of Qatar

• Qatar's permanent constitution came into effect in 2005
• The constitution separates powers among the executive, legislative, and judicial branches
• The executive branch consists of the Emir and Council of Ministers
• The legislative branch is the Al Shoura Council
• The judiciary branch consists of the courts

Government Defined

• A Government is a system of order for a nation, state, or political unit
• Governments establish and enforce rules, oversee defense, foreign affairs, the economy, and public services

Functions of Government Branches

• Must search and provide a brief explanation of the Rule of the State of Qatar
• Must search and provide a brief explanation of the Functions of The Executive Branch - Council of Ministries
• Must search and provide a brief explanation of the Functions of: The Legislative Branch - The Shura Council
• Must search and provide a brief explanation of the Functions of: The Judiciary Branch - The Courts

Organization of Power

• HH The Amir Sheikh Tamim Bin Hamad Al Thani has reigned as the Head of the State of Qatar since 2013
• The Executive Power consists of The Council of Ministers
• Ministries, governmental authorities, institutions, and other government organs form the Executive Power
• The Council of Ministers is mandated to monitor all the internal and external affairs by the Constitution and the law
• The Legislative branch is introduced by the Al Shoura (The Shura) Council
• The Shura Council is entitled to practice, discuss, and propose several issues
• The Shura Council is involved in the consideration of draft laws and decrees referred to it by the Cabinet
• The Judicial Authority is vested in courts of law, as prescribed in the Constitution and is independent
• Court judgments are pronounced in the name of the Emir

System of Government

• HH The Amir is the Head of State, Commander-in-Chief of the armed forces, and represents the State internally/externally
• The Amiri Diwan is the seat and administrative office of HH The Amir
• The Executive power consists of the Council of Ministers, ministries, governmental authorities, and institutions
• The Prime Minister presides over the sessions of the Council of Ministers and manages its deliberations
• The Prime Minister superivses the coordination of work among various ministries to achieve unity and synergy

Qatar Constitution - Five Parts Overview

• Part 1: The State and bases of rule
• Part 2: The Guiding Principles of Society
• Part 3: Public Rights and Duties
• Part 4: Organization of Power
• Part 5: Final Provisions (not considered a major part)

Part 1: The State and Bases of Rule

• Explains fundamental legal and political framework
• Qatar is defined as an independent sovereign Arab state
• Provides details about the national symbols such as the flag and anthem
• Rule of the Emir is hereditary within the Al Thani family
• Islam is the religion, politics is democratic, and Arabic is the official language
• Outlines the Emir's powers as the Head of State
• Shari'a law is the main source of legislation

Constitution Part 2: Guiding Principles of Society

• Includes sections on: Social Values and Morality (Social Justice); Family and Youth; The Environment; Private Property; Public Health; Education and Culture

Constitution Part 3: Public Rights and Duties

• The constitution outlines freedoms
• Rights include no discrimination, inheritance, to be innocent until proven guilty, elections, and free education
• Duties by the government such as defending the country

Constitution Part 4: Organization of Power

• The major parts of the Organization of Power in the country are, His Highness, the Emir; the Executive Authority, the Council of Ministers; the Legislative Authority / The Shura Council; and the Judicial Authority

Constitution Part 5: Final Provisions

• Deals with the remaining issues within the Constitution,
• This section defines processes for publishing laws in the Official Gazette
• The Role and Composition of The Shura Council is identified
• The Composition of the Executive Authority (the Emir and Prime Minister, and Council of Ministers)
• How the Judicial Authority works
• Also How regulatory bodies work

Ministries In Qatar

• There are various ministries spanning different sectors, including: Energy, Interior, Awqaf and Islamic Affairs, Finance, Justice, Education, Municipality, Commerce, Labor, Public Health, Foreign Affairs, Culture, Communications, and Environment

Government Communications Office

• The Government Communications Office (GCO) was established by Amiri Decree No. (27) of 2015 to coordinate communications activities across government and semi-government institutions
• The GCO facilitates the development of credible channels, ensuring delivery of streamlined and transparent messaging
• The GCO cultivates media partnerships and serves as a trusted source in line with Qatar National Vision 2030

Qatar's Council of Ministers

• The Council of Ministers (Cabinet) is the highest executive body playing a crucial role in administration and governance
• Headed by the Prime Minister and including various ministers responsible for specific areas such as finance, health, and education
• Key responsibilities of the Council of Ministers are Policy Making (drafting and implementing national policies); Law Enforcement; Economic Management; Public Services; Crisis Management; International Affairs

The Shura Council

• The Shura Council consists of 45 members
• There is a mix of 30 elected and 15 appointed members
• Qatar is separated into Constituencies
• It established in 1972
• The Council assumes the following functions: Legislative authority, approving the general budget, and exercising control over the executive authority
• The Shura Council has the right to forward proposals on public matters
• The government must provide reasons if unable to comply with the proposals.
• The Council can comment only once on the government's statement
• The term is four calendar years from the date of the first meeting
• The Shura Council represents Qatar in numerous parliamentary associations and international organizations

The Process for Making Laws in Qatar

• The Council of Ministers (executive authority) executes and enforces the law, proposes draft laws for the Shura Council
• The Shura Council (legislative authority) approves draft laws for acceptance by the Emir
• The Emir (final authority) accepts new laws and then publically announces them

Steps for Introducing and Implementing a New Law

• Proposal Development: The ministry drafts a new law, including incentives for businesses
• Consultation and Refinement: Preliminary meetings and review by the Council of Ministers
• Approval by Advisory Council: Debated and voted on by the Shura Council
• The Emir's Ratification: ensures alignment with national priorities and international commitments and publishes them
• Public Announcement and Implementation: The government begins implementing the law
• Monitoring and Evaluation: The Emir receives regular reports

Qatari Judicial System

• Guarantees full independence of Qatar's judicial system and there is a separation of the government and the courts
• There are 4 different court systems which are, Family Courts; Civil Courts; Criminal Courts; Qatar Financial Centre Courts

Court System details in Qatar

• Family Courts manages Laws related to personal status, marriage, divorce, inheritance, etc.
• Civil Courts manages Commercial and labor law, disputes between parties such as property disputes, selling contract disputes etc
• Criminal Courts manages Crimes against the state, state security, fraud, kidnapping, minor theft, traffic etc
• Qatar Financial Centre Courts manages Issues from companies licensed by the Qatar Financial Centre

How the Court System Works

• Court of First Instance (Preliminary Court)
• A case is filed in the court
• The decision to pursue can be appealed on points of fact and law or on a point of law to a question that must be answered by applying legal principles
• Court of Appeals
• A decision is made.
• If decisions of the Appeal court are not accepted, the case may go to the Court of Cassation on points of law only
• Court of Cassation
• Provides the final review in most appealed cases
• Uses only points of law, not evidence (makes sure that the law is used correctly)
• A court of last resort
• Supreme Constitutional Court
• This court is only for cases that confirm or interpret the law and the regulations under the constitution

Supreme Constitutional Court - Details

• Interpretation of legislative texts that raise a dispute in the application
• Overseeing the constitutionality of the laws and regulations
• Deciding on disputes over the competent authority among the judicial bodies
• Ruling on disputes where there are contradictory rulings issued by judicial bodies

Qatar Court System Divisions

• The courts of justice are divided into these main categories:
• The Criminal Court comprises the Lower/Higher Criminal Courts
• The Civil Court comprises the Lower/Higher Civil Court, also the Civil Department and Administrative Department
• The Court of Appeal contains three divisions: Criminal, Civil and Administrative
• The Court of Cassation contains four divisions Criminal, Civil, Administrative, and Constitutional

Trials in Qatar Courts

• Civil trials are based on written work
• Criminal trials are based mostly on oral arguments
• Proceedings in all courts are done in Arabic
• Translators are provided for non-Arabic speaking persons