The Shura Council Approves the Agreement on Prevention of Double Taxation with the Republic of Bulgaria and the Duchesse of Luxembourg and continues discussion of the Labor Draft Law in the Private Sector

Qudaybiah: Shura Council

During its weekly session, the Shura Council passed two draft laws for ratification of the Agreement on Prevention of Double Taxation and Preventions of Income and Capital Tax Evasion between the Government of the Kingdom of Bahrain and the Republic of Bulgaria and the Duchesse of Luxembourg.

The Shura Council started its 12th session in the 4th cycle which was held Monday morning and chaired by His Excellency Mr. Ali bin Saleh Al-Saleh, Speaker of the Shura Council, with the ratification of the agenda of the 11th session, before Their Excellencies the Members were received of the messages received from His Excellency Mr. Khalifa bin Ahmad Al-Dhahrani, Chairman of the House of Representatives regarding the Shura Council’s decision on the a draft law for amendment of certain provisions of law No.20 for the year on protection of the coasts, beaches and marine outlets (prepared in line with a draft law submitted by the House of Representatives), which was referred to the Public Facilities and Environment Committee, and the message received from His Excellency on the decision of the House of Representative on a draft law for ratification of an agreement between the Government of the Kingdom of Bahrain and the Government of the Republic of Austria regarding the income and capital taxes, and the protocol accompanying it, attached to Royal Decree No.80 for the year 2009. The Council was informed of the referral of the draft law to the Foreign Affairs, Defence and National Security Affairs Committee, with notification to the Legislative and Legal Affairs Committee.

The Council was also informed of the message of His Excellency Khalifa bin Ahmad Al-Dhahrani, Speaker of the House of Representatives, regarding the Shura Council’s decision on the draft law for ratification of the Agreement on Prevention of Double Taxation and Income and Capital Tax Evasion between the Government of the Kingdom of Bahrain and the Government of the Republic of Uzbekistan, attached to Royal Decree No.83, for the year 2009. The Council was informed of the referral of the draft law to the Foreign Affairs, Defence and National Security Affairs Committee, with notification to the Legislative and Legal Affairs Committee. The Council was informed of His Excellency’s message regarding the Shura Council’s decision on the ratification of the agreement on encouragement and protection of investment between the Government of the Kingdom of Bahrain and the Government of Bulgaria, attached to Royal Decree No.85 for the year 2009 The Council was informed of the referral of the draft law to the Foreign Affairs, Defence and National Security Affairs Committee, with notification to the Legislative and Legal Affairs Committee, in addition to His Excellency’s message regarding the Shura Council’s decision on a draft law for establishment of the Royal Institute for Medical Research (prepared in line with a proposed law submitted by the House of Representatives) The Council was informed of the referral of the draft law to the Services Committee, with notification to the Legislative and Legal Affairs Committee.

Then, Their Excellencies the Members heard the comment of His Excellency Member Fouad Al-Haji on the response of His Excellency Dr. Juma bin Ahmad Al-Kabi, Minister of Municipal and Agricultural Affairs, to the question about the plan taken by the Ministry of Municipalities and Agricultural Affairs, to confront the phenomenon of the Asian street peddlers ant the actions taken to take them to account. His Excellency confirmed that the spread of this phenomenon is crowding the owners of shops in a number of areas in the Kingdom, especially in Manama, causing traffic obstructions. He highlighted the fact that the majority of these sellers were Asians, while the law confirms, according to the Minister’s response, that the law identifies the conditions to be satisfied by the seller who must be a Bahraini national. His Excellency inquired about the Ministry’s watchdog role to stop this phenomenon.

On his part, His Excellency Dr. Juma bi Ahmad Al-Kabi, the Minister of Municipal and Agriculture Affairs stated that Manamah Municipality launched months ago a campaign of inspectors and confiscated many of the goods of the street vendors and some of the roaming venders who have no licenses were referred to the office of the prosecutor general. He confirmed that the monitoring process is ongoing and that the Ministry will spare no effort in responding to this phenomenon.

His Excellency stated that organization of the roaming vendors is a process which falls under the jurisdiction of many of the concerned agencies. Where the Ministry’s jurisdiction is concerned and in cooperation and coordination with the municipal councils, the Ministry of Municipalities and Agriculture Affairs has been keen on addressing the phenomenon of street vendors and organizing their operations and monitoring. All unlicensed occupancies of the streets are constantly monitored by the municipalities and the necessary legal actions are taken. In this context, municipal decisions have been issued by the municipal councils for organization of the work of street vendors, which confirmed obtaining the mandatory sale license from the competent municipality.

His Excellency the Minister stated that the decisions made by the Ministry of Municipalities and Agriculture Affairs provided for the conditions to be fulfilled, such as that the vendor must be a Bahraini national, fully legally competent, 18 years old, medically healthy and free of contagious diseases as per a health certificate issued by the Ministry of Health. The conditions also stipulate that the vendor must not be an employee of the government or the private sector or entered in the commercial register. The decisions identify the mechanism for issuance of the license and the duration of its validity in addition to the activities that the street vendors are prohibited to engage in, such as standing on the sides of highways, in front of the ministries, government organizations, markets and commercial malls, and traffic lights, in addition to prevention of selling cooked meals of all kinds or pestering the public in displaying the goods or standing in the vicinity of the commercial stores and outlets which engage in the same commercial activities of the street vendors.

His Excellency concluded his response by confirming that the decisions which the Ministry of Manipulates and Agricultural Affairs has previously taken indicate the fulfillment of the licensing for a fee based on a proposal by the municipal council. He stated that the municipal councils recently submitted their proposals on the licensing fees for street vendors and that the necessary legal procedures are being finalized for approval of this fee and it is hoped that these decisions will contribute in an effective way in the organization of street vendors.

Then, the Council moved on to take the final opinion on approval of a draft law for endorsement of the agreement on prevention of double taxation and income and capital tax evasion between the Government of the Kingdom of Bahrain and the Government of the Duchesse of Luxembourg, attached to Royal Decree No.71 for the year 2009.

In the same context, the Council took the final opinion on approval of the on approval of a draft law for endorsement of the agreement on prevention of double taxation and income and capital tax evasion between the Government of the Kingdom of Bahrain and the Government of the Republic of Bulgaria, attached to Royal Decree No.74 for the year 2009.

Then, the Council continued to discuss the report of the Services Committee on a draft law for issuance of the Labor Law in the Private Sector, attached to Royal Decree No.45 for the year 2006. During the session, the members discussed the articles from number six to number 33. Meanwhile the Committee decided to return article 34 of the draft law and the Council decided to continue consideration of the remaining articles of the draft law in its upcoming session.