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Kuwait registers over 7,000 travel ban transactions

publish time

02/04/2025

publish time

02/04/2025

Kuwait registers over 7,000 travel ban transactions

KUWAIT CITY, April 2: The Execution General Department at the Ministry of Justice completed 1,020,906 transactions in January; including travel bans, vehicle seizures and seizure of debtors’ assets held by third parties. Through these transactions, the department received fees totaling KD784,464. The newspaper obtained statistics, revealing that the request for an executive seizure of debtors’ assets held by third parties recorded the highest number of transactions with 571,251 or 56 percent of the total; while the opening of a modification file is the lowest at 0.01 percent. According to the concerned authorities, the Capital branch carried out the highest number of transactions at 30.7 percent, followed by Ahmadi at 20.5 percent, Farwaniya at 16.6 percent, Hawally at 13.5 percent, Mubarak Al-Kabeer at 9.6 percent, Jahra at 8.9 percent while the Ports-Sulaibiya-Lawyers Association branches accounted for 0.2 percent. The total number of transactions in the Travel Ban Section was 7,193; the largest proportion of which was for lifting the travel ban with 2,709 or 37.7 percent of the total.

Fee collection forms and fee collection receipts accounted for the least number at 0.03 percent each. Travel ban transactions in the Capital branch accounted for the largest number at 49.4 percent, followed by the Ports-Sulaibiya-Lawyers Association branches at 30.1 percent, Farwaniya at 6.0 percent, Ahmadi at 5.0 percent, Hawally at 4.5 percent, Jahra at 3.5 percent, and Mubarak Al- Kabeer at 1.5 percent. The Rental Department had a total of 13,807 transactions. Fee collection receipts ranked first with 5,452 or 39.5 percent, while receipts for a warning or judgment were last at 0.01 percent. The Capital branch recorded the largest number of such transactions at 54.6 percent, followed by Farwaniya at 14.2 percent, Hawally at 14.1 percent, Ahmadi at 11.1 percent, Jahra at 3.6 percent and Mubarak Al-Kabeer at 2.4 percent.

On the other hand, lawyers believe that measures stipulated in the draft decree-law amending certain provisions of the Civil and Commercial Procedures Law could be used to restore the rights of the concerned individuals. They welcomed this step, considering it “an absolute necessity to deal with the rise of fraud cases and the loss of rights.”

Attorney Enaam Haider said the arrest and summons orders have been reinstated under a law amending certain provisions of the Civil and Commercial Procedures Law. The law’s provisions apply to solvent debtors who refuse to pay their debts, according to specific criteria, most notably that a debtor is not considered solvent if their solvency is based on assets that cannot be seized. She explained the law stipulates that arrest and summons orders do not apply to patients who cannot tolerate imprisonment, pregnant women, and those with diminished legal capacity. She added the law allows payment of debts in installments based on the debtor’s financial ability, with the installment order being canceled in the event of default. She said the law sets a maximum term for imprisonment, separates the implementation of prison sentences for those imprisoned for criminal offenses, and allows debtors to make payments while in prison and to organize their financial situation and settle it.

Attorney Jarrah Mubarak Al-Wawan disclosed that one of the most important features of the draft decree-law amending certain provisions of the Civil and Commercial Procedures Law is reforming the procedures for reporting the debts of the debtor by addressing the shortcomings of banking institutions to seize the funds or credit balances added to the debtor’s bank account, in addition to expediting the seizure and enforcement procedures to ensure that the debtor is unable to smuggle his funds. He stated that the law allows combating the misuse of temporary enforcement disputes by stipulating that the effect of the suspension of enforcement be removed immediately upon the dismissal of the dispute. “This ensures that the implementation of judicial rulings is not disrupted while combating the misuse of the suspension effect of the temporary dispute and the disruption of enforcement procedures. It can be done by raising the minimum and maximum amount of the fine for the dispute to not less than KD50 and not more than KD300” he elaborated.

He asserted that the reinstatement of arrest warrants after amending the law has several justifications; the most important of which is protecting the national economy from the obstruction of debt collection methods and reducing the rate of bad debts. He affirmed this would improve the investment climate in the country, enhance confidence in the rule of law and judicial institutions, combat debt evasion, and strike a balance between the right of the creditor to collect payment and the right of the debtor to fulfill his obligations without resorting to a fraudulent misrepresentation of his financial position. He concluded that the implementation of the law is a step toward modernizing Kuwaiti laws in line with the best international practices and ensuring a fair legal environment that achieves a balance between parties to the relationship while taking into account the human and social dimensions.

Attorney Abdul Mohsen Al-Qattan added that the abolition of arrest warrants in the previous period led to a major problem -- debtors and financial defendants evading payment, as this made it difficult to enforce court rulings; indicating that court rulings for financial claims have no value. He said the previous decision was wrong, lacked due diligence, and caused enormous losses for companies and property owners. He revealed a large number of citizens and expatriates, including divorcees were harmed by such cancellation. “During this period, most debtors and those financially liable did not pay until the issuance of decisions,” he added.

It is worth noting that arrest, detention and imprisonment are considered a means of pressure to pay debts. Travel ban alone is insufficient and it is considered a weak tool. Many financially wanted individuals have no problem with the issuance of a travel ban and ruling. The abolition of arrest and detention previously encouraged tax evasion, as there is no legal or criminal prosecution for those who evade payment. This resulted in bad debts for many companies due to the deliberate non-payment of debts by those wanted by law.

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff