World Intellectual Property Organization

Kuwait

Law No. 56 of 1996 promulgating the Industrial Law

 

 


LAW NO. 56 FOR THE YEAR 1996 TO PROMULGATE THE INDUSTRIAL LAW

Having pursued the Constitution, and Law No. 15 for the year 1960, to promulgate the Law of Commercial Companies and its amending laws thereof; and Law No. 16 for the year 1960, to promulgate the Penal Law and its amending laws thereof; and Law No. 17 for the year 1960, to promulgate Penal Procedure and Trial Law and its amending laws thereof; and Law No. 4 for the year 1962, on Patents and Industrial Designs and Forms Law No. 30 for the year 1964, on the Establishment of the State Audit Bureau, and its amending laws thereof; and Law No. 37 for the year 1964, on Public Tenders, and its amending laws thereof; and Law No. 38 for the year 1964, on Labor in the Private Sector, and its amending laws thereof; and Law No. 6 for the year 1965, to promulgate the Industrial Law, and its amending laws thereof; and Law No. 32 for the year 1969, on Licensing Commercial Crafts, and its amending laws thereof; and Law No. 15 for the year 1972, on Kuwait Municipality, and its amending laws thereof; and Decree Law No. 128 for the year 1977 on Standardization; and Decree Law No. 18 for the year 1978, on Safety Regulations and Protection of Public Utilities and Wealth Resources, and its amending laws thereof; and Decree Law No. 31 for the year 1978, on the Regulations for the Preparation of the Public Budget and Controlling its Implementation, and the Closing Accounts, and its amending laws thereof; and Decree Law No . 15 for the year 1979, on Civil Service and its amending laws thereof; and Law No. 6 for the year 1980 on the Establishment of Kuwait Petroleum Corporation, and its amending laws thereof; and Decree Law No. 13 for the year 1980, on Customs; and Decree Law No. 105 for the year 1980, on State Property, and its amending laws thereof; and Law No. 36 for the year 1982, on Fire Force; and Law No. 60 for the year 1986, on Economic and Social Planning, and its amending laws thereof; and Decree Law No. 9 for the year 1987, on Prohibiting Certain Harmful Actions to Cleanliness or Agriculture; and Decree Law No. 116 for the year 1992, on the Administrative Organization, Determination of Competences and Delegation thereof; and Law No. 1 for the year 1993, on Protection of Public Funds, and its amending laws thereof; and Law No. 21 for the year 1995, on the Establishment of Public Authority for the Environment; and The Decree promulgated on March 16, 1970, on the Establishment of Shuaiba Area Authority, and its amending Decrees; and The Decree promulgated on April 4, 1979, on the Civil Service System, and its amending Decrees; and The Decree promulgated on August 12, 1986, on the Ministry of Commerce and Industry. The National Assembly has ratified the following Law, which we hereby sanction and promulgate. PART ONE INDUSTRIAL AFFAIRS? ? CHAPTER ONE THE INDUSTRIAL CRAFTS AND ENTERPRISES ?

Article (1) The provisions of this Law shall apply to every industrial craft and enterprise in the State. Article (2) An industrial craft is any establishment engaged basically in transforming raw or primary materials into either finished or semi-finished, or intermediate products, or transform the latter two into fully processed products. This function shall also include mixing, separating, forming and reforming, assembling, filling or packing of products, in case the work is mechanically done in the craft. Article (3) An industrial enterprise means any activity related to production or maintenance, which depends on manual technical skill, using simple equipment, and which products accordingly, are not stereotyped.

CHAPTER TWO THE INDUSTRIAL LICENSING Article (4) Industrial licenses shall be granted to projects relating to basic industries that prove feasible, or to those projects that are determined by the competent authorities in the oil sector. Article (5) No new industrial craft or enterprise may be established, or any action be taken to existing ones, whether by development, modification of its capacity or size, alteration of its production quantitatively or qualitatively, merger with another project, split into more than one project, or change its location, unless a license to this effect has been obtained from the Public Authority for Industry. Establishments operating in the oil industries, which are fully owned by the State, shall have their licenses granted according to the regulations stated in a decree issued by the Minister of Commerce and Industry in agreement with the Minister of Oil. Article (6) The license referred to in the above two articles may not be granted except to the following categories:

A. Kuwaiti individuals or companies duly established pursuant to the provisions of the Law of Commercial Companies.

B. Nationals of the Arab Countries of the Gulf Cooperation Council (G.C.C.), whether individuals or companies, in accordance with the terms of the applicable treaties. Article (7) The Implementation Ordinance shall determine the method of submitting the application for a license, the data, documents and designs, and all other conditions required for granting the license, and in accordance with the following:

A. Presentation of a technical and economic feasibility study for the project, indicating the sources of finance, production cost, share capital, manpower, domestic and export marketing, and all other information as specified in the Ordinance.

B. Registration of the project with the Chamber of Commerce and Industry.

C. Conformity of the production with the specifications and measurements stipulated by the laws, and decrees issued in this respect.

D. Respect of all conditions stipulated by the various government authorities related to the protection of environment and public security. Decision regarding the application for a license shall be determined within sixty days from the date the application fulfills all conditions stipulated in this Law and its Implementation Ordinance, and such a decision must be substantiated in case of rejection. Article (8)

The expiry of the said period without issuance of any decision on the relevant application shall be considered as a rejection. Article (9) An appeal may be brought against the decision rejecting the application within thirty days from the date of notification to the concerned party or from the date of the expiry of the period fixed for the decision should it not been rendered. The Implementation Ordinance shall define the procedures for filing the appeal and its determination. Article (10) A license applicant whose application has been rejected, may submit a new application in accordance with the rules stipulated in the Implementation Ordinance. ? CHAPTER THREE? THE INDUSTRIAL REGISTER Article (11) An Industrial Register shall be set-up in which all industrial crafts and enterprises are to be registered. A certificate to that effect shall be granted, and the Implementation Ordinance shall specify the procedures of registration and renewal and the relevant time limits. Article (12) No industrial or enterprise project may start production unless registered in the industrial register, and any alterations or amendments occurring on the license shall be recorded in the Register in-accordance with the rules stipulated by the Implementation Ordinance. Article (13) A statement of the registered industrial crafts and enterprise shall be published in the Official Gazette, as well as any amendment in the activity of registered industrial crafts and, enterprises, or those whose registration have been cancelled. All data and information available at the Authority, pertaining to an industrial craft or enterprise, shall be deemed confidential, and may not be transmitted or used, except in cases stipulated by law or in conformity with a court of law rule. CHAPTER FOUR MEANS TO ENCOURAGE & SUPPORT INDUSTRY Article (14) Upon the proposal of the Authority's Board of Directors, the Minister of Commerce and Industry may issue a decree relating to the following:

  1. Exempting industrial crafts totally or partially from custom duties on the following imports: A. Machinery, equipment and required spare parts. B. Raw materials or intermediate products or semi- processed goods required for their production purposes.
  2. Exempting industrial crafts totally or partially from all or some defined taxes for certain period or periods.
  3. Exempting exports of industrial crafts from export duties. The rules, conditions, procedures, cases, and duration of the exemption, shall be specified in a decree issued by the Council of Ministers, upon a proposal made by both the Minister of Finance and the Minister of Commerce and Industry. Article (15) The competent authorities shall provide the necessary financial and banking facilities required for the industrial activity through institutions, authorities, banks and specialized companies under special or soft terms and conditions and in accordance with the general plan laid down by the State. Article (16)

The competent authorities shall provide and take all available measures to support national industries with encouraging incentives especially for creativeness, development and export. Article (17) Priority with regard to purchases of Government and public authorities and establishments, shall be given to local industry products, provided that such products conform to approved standards and specifications and prevailing prices at normal economic conditions. Article (18) Custom duties on imports of products, similar to those produced domestically, may, by a decree, be increased for a specified duration based on a proposal made by the Board of Directors of the Public Authority for Industry, taking into consideration that local production is satisfactory from the points of view of quantity, type, quality and the consumer's interest. The validity of the high rate of custom duties may be extended by a decree for a similar duration or other durations if economic circumstances necessitate the continuation of local industry protection. Article (19) The Public Authority for Industry may recommend to the official competent authorities to provide various means of support to the industrial enterprises whose establishment have been approved, and may further recommend to the concerned authorities to provide them with financing at soft terms and conditions. Article (20) The Board of Directors of the Public Authority for Industry shall be competent to formulate the rules and principles needed for the support of Kuwaiti exports, including assistance in the foreign marketing required for developing these exports, and to this effect, it may propose the establishment of an export development fund. A decree to establish such a Fund with its rules and procedures shall be issued by the Council of Ministers upon a proposal from the Minister of Commerce and Industry. Article (21) The criteria and regulations set by the Public Authority for Industry in conformity with the requirements of the economic and social plan of the State must be taken into consideration when granting privileges and means of support under the provisions of this Law. CHAPTER FIVE THE OBLIGATIONS OF THE INDUSTRIAL CRAFTS AND ENTERPRISES Article (22) Every industrial craft, when importing machinery and equipment exempted from custom duties, shall keep a register in which such imports are recorded in accordance with the regulations and principles stipulated in the Implementation Ordinance, and shall not dispose of these machinery and equipment or utilize them for any other purposes than those for which they were originally imported. Article (23) The industrial crafts shall participate, in accordance with the rules stipulated in the Implementation Ordinance, in vocational training programmes, production efficiency, studies, research and relevant courses which are conducted by the Public Authority for Industry and in accordance to any stipulation in this respect. Article (24) All industrial crafts subject to the provisions of this Law and in accordance with the rules, regulations and conditions stipulated in the Implementation Ordinance, shall provide to the Authority its balance sheet, closing accounts, periodical reports, statements and all other information and statistics it may request. Industrial enterprise owners subject to the provisions of this Law, and in

accordance with the rules, regulations and conditions stipulated in the Implementation Ordinance, shall provide, to the Authority, all data, information and statistics it may request. All data and other information stipulated in this Article, shall be submitted in accordance to the forms issued by the Authority in this respect. As for the oil industries fully owned by the Government, their obligation to provide the Authority with the requirements stipulated in this Article shall be pursuant to the regulations and procedures laid down by a decree issued by the Minister of Commerce and Industry in agreement with the Minister of Oil. Article (25) Disposal of industrial crafts and enterprises, whether through sale, assignment or lease, shall not be effective towards third parties unless it is properly recorded in the relevant industrial license and published thereafter in the Official Gazette. Any concerned party may object to such a disposal within the period specified in the Implementation Ordinance and accordingly such a disposal shall be suspended until a decision is issued regarding the objection, whether in a voluntary or judicially way. In such a case, the industrial craft or enterprise may be administratively closed if it is not already under judicial custody. The same procedures shall be applicable in the event of transfer of property by inheritance. Article (26) Should the industrial craft or enterprise cease to operate wholly or partially, the Public Authority for Industry must be notified within thirty days from the occurrence of such an event with the reasons justifying such a measure. PART TWO THE PUBLIC AUTHORITY FOR INDUSTRY CHAPTER ONE THE ESTABLISHMENT OF THE AUTHORITY ? Article (27) An autonomous public authority, called the Public Authority for Industry, shall be established under the supervision of the Minister of Commerce and Industry. Article (28) The Authority aims at developing, enhancing and supervising the industrial activity in the country, for the realization of the objectives of the national economy which include the following: 1- Encourage, develop and protect local industries. 2-Expand the industrial and enterprise production base. 3- Diversify the National Income resources. 4- Support, develop and encourage the production of strategic commodities deemed necessary for national and food security. 5- Provide a favorable climate to attract more national manpower of technically qualified skills. 6- Support, develop and encourage industrial enterprises. 7- Increase industrial awareness among citizens, emphasize the positive role of industrial development methodology, prepare and publish studies and researches, and provide information systems and industrial data, as well as encourage development, and creativity of innovative skills and talents. 8- Co-ordinate among the existing industries and the future ones to be established in the countries of the Arab Countries of the Gulf Cooperation Council (GCC) in particular, and in the other Arab Countries in general, so as to achieve integration and avoid harmful competition.

9- Consolidate industrial co-operation with the various countries and international organizations in order to secure the expertise and information required for domestic industrial development. Article (29) The Authority is empowered to take all action in relation to the development of the industrial activity l and its enhancement, and particularly the following: 1- Drawing-up of an industrial development plan, in l the context of the general plan of the Government, comprising a clearly specified industrialization strategy and industrial development directives. 2- Proposing sites for industrial and enterprise areas within the context of the general Master Plan. 3- Planning and preparation of the infrastructure of the industrial and enterprise areas, including all I necessary industrial services and public utilities, in co- operation with the competent concerned authorities. 4- Preparing, designing and implementing industrial services projects inherent to the industry, operating and directly managing such projects in co-operation with the competent authorities. 5- Checking and approving drawings, plans and designs, relating to industrial crafts and enterprises installations and their relevant utilities. 6- Allocating industrial and enterprise plots, and the services sites within the relevant area pursuant to the current regulations and bylaws. 7- Concluding agreements and collecting charges for the use of industrial and enterprise plots, and services sites for companies and establishments. 8- Collecting charges and fees for services rendered by the Authority. 9- Managing, operating, developing and maintaining industrial and enterprise areas; as well as providing the required services and their necessary maintenance, in addition to establishing new industrial areas in co-operation with the private sector. 10- Obtaining from the competent authorities construction permits for the industrial and enterprise areas. 11- Taking adequate and protective measures for the safety of public utilities and properties, and supervising industrial safety and protection against fire in relation to all existing installations within its jurisdiction. 12- Undertaking industrial supervisory and inspection measures on establishments in the aforesaid areas. 13- Maintaining the cleanliness of public roads, squares, courtyards and pavements from waste and residues of industrial plants and public places in the aforesaid areas. 14- Co-ordinating with the security authorities, in areas within its jurisdiction, so as to secure the protection of lives, properties and other factors of production. 15- Laying down the ordinances, rules and procedures regulating the granting and cancellation of industrial licenses. 16- Supervising the enforcement of Kuwaiti, Gulf and international standards and specifications as defined by the laws and regulations in relation to all imported and local products, and co-ordinating with the relevant authorities to avoid any fraud thereon. 17- Verifying the compliance of any industrial project to all domestic and international rules governing environment protection, and conformity of production with such rules. 18- Conducting studies relating to the industrial activity and ways to support it, and determining the means and suitable grounds to protect local production.

19- Undertaking any action within its jurisdiction and in accordance with the provisions of this Law or any other applicable law. All amounts, fees and charges for the use of services as stated in Clauses 7 and 8 shall be determined by a decree issued by the Council of Ministers based on a proposal by the Minister of Commerce and Industry. Article (30) The Authority shall conduct, periodically and when the need arises, the "Industrial Survey" in the country, in co-operation with the competent concerned government authorities. It may prepare studies and economic research on projects that could potentially be established in the country in accordance with domestic market requirements and external marketing possibilities, and should guide investors to available investment opportunities, and the possibility of setting-up various industries required by the country and the factors that may affect them. Article (31) The percentage of Kuwaiti employees, in any industrial craft or enterprise, should not be less than 25% of its total labor force. All existing crafts and enterprises, at the time of enforcement of this Law, shall train Kuwaiti employees, to realize the percentage referred to in the preceding paragraph, within three years from the date of application of this Law. The Chairman of the Board of Directors of the Authority, may exempt the craft or enterprise from such a stipulation, or reduce this percentage should a sufficient number of Kuwaitis not be available CHAPTER TWO ?MANAGING THE AUTHORITY Article (32) The management of the Authority shall be assumed by a Board of Directors, chaired by the Minister of Commerce and Industry, and composed of the following members: 1- The General Manager of the Authority. 2- A representative of each of the following authorities:

-
Ministry of Commerce and Industry
-
Ministry of Planning - Ministry of Finance (Kuwait Ports Authority)
-
Ministry of Oil
-
Ministry of Social Affairs and Labor
-
Kuwait Municipality
-
Public Environment Authority; and provided that each of them shall not be less than an Assistant Undersecretary nominated by the competent Minister. 3- The Chairman of the Board of Directors of the Industrial Bank of Kuwait or his attorney being not less than a Deputy General Manager. 4- Four active members from the industrial sector, to be nominated by the Kuwait Chamber of Commerce and Industry, provided one of them represents the Kuwaiti Industries Union, and that representation of the various industrial sectors should be taken into consideration in the selection of the other three. Their appointment for a term of three years, subject to renewal, shall be effected by a decree issued pursuant to a proposal made by the Minister of Commerce and Industry. Compensation of the Members of the Board of Directors, shall be determined by a decree of the Council of Ministers. The Board of Directors of the Authority shall select a Deputy Chairman from its members. Article (33) The Implementation Ordinance of this Law shall define the Board of Directors' functions and procedures of work, its venue and dates of meetings, the required quorum for the-validity of its meeting, and the adoption of its resolutions, and the provisions governing the

enforcement of such resolutions, the rules defining the composition of its Committees and the relevant procedure of their work. Article (34) The Board of Directors shall have all powers required for the fulfillment of the Authority's objectives, and shall in particular: 1- Define the general policy of the Authority, and endeavor towards its application by the industrial crafts and enterprises as well as the industrial and enterprise areas. 2- Formulate plans and programs for the industrial and enterprise development, and supervise their implementation. 3- Propose drafts of laws, decrees and ordinances related to industry. 4- Determine the rules and regulations for the allocation, distribution and utilization of industrial and enterprise plots, the procedure for obtaining the same, and the manner of their supervision. 5- Define the criteria, rules and regulations for granting licenses to industrial crafts and enterprises, their encouragement, and propose relevant charges and fees in conformity with the fiscal policy of the State. 6- Propose measures to support and encourage the industry in conformity with the objectives of the development plan and fiscal policies of the State, taking. into consideration the requirement of a percentage of Kuwaiti nationals in the industrial crafts or enterprises manpower. 7- Approve the draft of the annual budget of the Public Authority for Industry and its closing accounts prior to their presentation to the competent concerned authorities. 8- Ratify the organizational structure of the Authority, and determine the required personnel and the distribution of the relevant functions among them. 9- Propose the composition of the permanent auxiliary Committees, and ratify their recommendations. The Board may delegate to the General Manager or any of its Committees part of its responsibilities and functions. Article (35) The General Manager of the Authority shall be appointed by a decree, based on a proposal by the Minister of Commerce and Industry, and shall implement the decisions of the Board of Directors, manage the Authority and supervise all its technical and administrative personnel, and issue all resolutions and instructions necessary to perform their works. He is empowered to sign on behalf of the Authority and to represent it with third parties and in courts. The General Manager shall have one or more deputies appointed by a decree. The General Manager may entrust part of his functions and responsibilities to any of his deputies. Article (36) The Authority's Board of Directors shall lay down the internal by-law (internal rules and procedures), to be issued by a decree from the Chairman, which shall include in particular the following: 1- The functions and responsibilities of the Authority's Chairman of the Board of Directors and its general manager. 2- The rules governing the activities of the Authority, and its regulations, including its financial, administrative and accounts principles. 3- The rules governing the recruitment of the Authority's personnel, their promotion, defining their salaries, compensations, and allowances, whether in kind or cash, as well as disciplinary penalties, termination of their services, without prejudice to the provisions of Articles, 5 and 38, in the Civil Service Law. The Civil Service rules and provisions shall in general be applicable to the

Authority personnel, regarding any matter not provided for in its bylaw. 4- The rules and procedures of the Authority's tenders and auctions. Article (37) The Authority shall have an independent budget, and its financial year shall commence with the fiscal year of the State and expires at its end, provided that its first financial year shall be effective from the enforcement date of this Law and till the end of the subsequent financial year. Article (38) The financial resources of the Authority shall consist of the following: 1- Charges and fees for services rendered by the Authority to third parties in return for the utilization of industrial and enterprise plots and service sites and locations. 2- Fees relating to the granting of licenses to set-up industrial crafts and enterprises. 3- Income realized by the Authority from managing and operating industrial and enterprise areas and from its participation in setting up industrial crafts and enterprises. 4- Any other sources of income duly approved by the Minister of Commerce and Industry pursuant to a proposal by the Board of Directors. The revenue surplus realized by the Authority during any financial year, shall be transferred to the Public Treasury, after deducting from its net operating profits what the Council of Ministers, pursuant to the proposal of the Authority's Board of Directors, determines sufficient to build-up reserves for the establishment of new projects or support of existing ones with a minimum limit of 10% per annum. Excess expenditures over revenues, when attained, shall be covered by a loan from the Ministry of Finance. PART THREE ADMINISTRATIVE PROVISIONS Article (39) The Authority may inflict any of the following administrative penalties on industrial crafts and enterprises if they violate any of the provisions of this Law or its Implementation Ordinance: 1- Notification 2- Warning 3- Deprivation from all or part of the privileges granted. The craft or enterprise may, should it rectify the violation, apply for reconsideration of the resolution of deprivation. 4- Administrative suspension. 5- Cancellation of the license in the event of cases stipulated in Article 41 of this Law. The said penalties shall be administered by a resolution issued by the Board of Directors, which may authorize the Authority's General Manager to issue the notification and warning penalties. Article (40) The person in charge of the violating industrial craft or enterprise shall be entitled to apply for a review of the resolutions inflicting one of the penalties stipulated in paragraphs 3, 4 and 5 of the preceding Article, within thirty days from the date of his notification of the penalty, and the application shall be submitted to the Authority's Board of Directors, to pass judgment within sixty days therefore; and its decision in this respect shall be final. The expiry of this period without the rendering of any decision shall be considered as a rejection. Article (41)

The license granted to an industrial craft or enterprise may be cancelled by a decision from the Board of Directors, in the event of the following cases: 1- Utilization of the plot in purposes other than those originally assigned to. 2- If the owner of the craft or enterprise fails to commence construction work or production within the period stipulated in the license resolution, save the event of reasonable causes for the delay accepted by the Board of Directors. An application for the re- issuance of the license may be submitted, if the reasons upon which the cancellation resolution was based, cease to exist. 3- If the license holder violates any of the conditions under which the license has been granted, has waived or assigned the license to a third party, without complying to the provisions of the Law or its Implementation Ordinance. 4- If it has been established that the attainment of the license has been granted based on false or forged information. The cancellation resolution shall be published in the Official Gazette. The concerned parties may, however, apply for reconsideration of the resolution within thirty days from its publication in the Official Gazette, and such an application shall be duly submitted to the Authority's Board of Directors to decide upon and its decision shall be final. Article (42) Any industrial craft or enterprise which disposes, wholly or partially of machinery, equipment and materials exempted from custom duties, in other than the purposes for which they were granted customs exemption, shall be subject in the person of its owner or the responsible of its management to a fine not exceeding three-fold the custom duties originally due on such machinery, equipment and materials, together with the settlement of the overall custom duties previously exempted from. All these penalties shall be applicable without prejudice to the Authority's Board of Directors right to administer the administrative penalty provided for under paragraph 3 of Article 39 of this Law. Article (43) Without prejudice to any penalty severer stipulated by any other law, any person who sets up an industrial project or causes any change or modification in any existing industrial craft or enterprise, with regard to its capacity, size, site or the industrial purpose, and without obtaining a license in these respects in accordance with the provisions of this Law and its Implementation Ordinance, shall be punished with an imprisonment term not exceeding three years and with a fine not exceeding three thousand Kuwaiti Dinars, or by either of these two penalties. Moreover, the Authority's Chairman of the Board of Directors may order the closure of the industrial craft or enterprise which has not obtained a license in that respect. Article (44) Without prejudice to any penalty severer stipulated by any other law, any person in charge of an industrial craft or enterprise committing fraud in the quality of products, or which produces goods that do not conform to Kuwaiti, Gulf or international standards and specifications prescribed for production, as the case may be, shall be punished with an imprisonment term not exceeding three years and with a fine not exceeding three thousand Kuwaiti Dinars or by either of these two penalties, in addition to an amount equal to the benefit obtained from the fraud or contravention to the specifications. Moreover, the closure of the craft or enterprise for a certain period of time or the cancellation of the license may be ordered. Article (45) Personnel, empowered by the Chairman of the Board of Directors of the Authority to supervise the enforcement of this Law, shall have the

right to enter the premises of industrial crafts and enterprises for inspection, and may apprehend cases violating the provisions of this Law, draft the necessary reports, and refer them to the competent authorities. They may seek the assistance of the police force, if needed. Article (46) The Public Prosecution shall conduct the investigation, action and indictment regarding all crimes resulting from the application of this Law. Article (47) Without prejudice to any penalty severer stipulated by any other law, any civil servant entrusted with the implementation of this Law, who divulges any secret related to an industrial craft or enterprise, pursuant to the Authority's internal by-law, shall be punished with an imprisonment term not exceeding one year and with a fine not exceeding one thousand Kuwaiti Dinars or by either of the two penalties. PART FOUR TRANSITORY PROVISIONS Article (48) The Decree promulgated on March 16, 1970 related to the establishment of the Shuaiba Area Authority, shall be annulled, and the Public Authority for Industry shall replace the Shuaiba Area Authority with all its rights and obligations, and all personnel currently in the service of that Authority (Shuaiba Area Authority) shall be transferred to it, without any prejudice to their rights and allocations. All regulations and ordinances currently applicable on the Shuaiba Area Authority shall continue to be applied on the Public Authority for Industry until the implementation ordinances and resolutions related to this Law are issued within one year from the date of its application. Article (49) Immediately upon its establishment the Authority shall be entrusted with the management and operation of all existing and future industrial areas taking into consideration Article (29) of this Law. Article (50) ?All support resolutions currently enforced at the date of promulgation of this Law by the State Ministries, authorities and establishments, shall be submitted to the Authority within three months from the effective date of this Law to decide and act accordingly. Article (51) Every natural or moral person who has obtained a license to establish an industrial craft or enterprise, prior to the promulgation of this Law, shall submit an application to the Authority for registration in the relevant Register. The Implementation Ordinance shall determine the conditions, procedures and periods for submitting such an application. Article (52) The operational organization in the field of industry within the Ministry of Commerce and Industry shall be transferred to the Authority, as well as the working personnel in the said organization, and whose transfer shall be decided by a resolution of the Minister of Commerce and Industry and without prejudice to l- their rights and allocations. Article (53) Law Number 6 for the year 1965, promulgating the Industrial law, shall be annulled and any other provision contravening to the provisions of this Law is hereby annulled. Article (54)

The Minister of Commerce and Industry shall issue all implementing ordinances and resolutions related to this Law. Article (55) The Ministers, each within his jurisdiction, shall implement this Law, and it shall be effective after four months from the date of its publication in the Official Gazette. Amir of Kuwait Jaber Al-Ahmad Al-Jaber Al-Sabah Issued in Bayan Palace On 23 Rabie Thani 1417H Corresponding to September 9th, 1996. Published (in Arabic) in the Official Gazette (Kuwait Al-Youm) Issue No. 274 - Year Forty Two - Sunday 2 Jamadi Al-Awal 1417 H Corresponding to September 15,1996.

 

Explore WIPO