Showing posts with label Kuwait Law. Show all posts
Showing posts with label Kuwait Law. Show all posts

Wednesday, April 23, 2014

Negative PR: Kuwait's Recent Proposals - FAIL

This guy is my favorite person today!

I can't believe puppeteer, MP Nabeel Al-Fadhl, had the audacity to even get the Bedoon proposal out of his mouth...  My blood boiled...

Two Racist Proposals
By Dr Hassan Abbas — Translated by Kuwait Times from Al-Rai
Kuwait Times, 23 April 2014

No one can blame lawmakers for acting towards the benefit of citizens and the nation. But at the same time, that does not give them the right to practice discrimination against others. Last week saw two projects proposed by MPs that can be classified as discriminatory. The first proposes that the government set up camps on the borders where bedoons who create chaos through demonstrations can be banished to, and the second calls for removing subsidies from energy consumed by expatriates.

MP Nabeel Al-Fadhl’s proposal to banish bedoon ‘troublemakers’ to border camps reminds me of the Nazi concentration camps when it comes to the racist sentiment behind it. What else is left for bedoons other than protests? If they remain silent, their decades-old miserable situation will continue for years to come. And when they call for help, they are threatened with banishment to Kuwait’s version of the Auschwitz-Birkenau camp! The bedoons’ dilemma is divided into two parts: One part includes those who are either Kuwaitis but are still waiting to be recognized as such, or those who have no hope of being naturalized.
My question is this: How does Fadhl plan to deal with bedoons who are soon to become Kuwaitis? How is he going to justify banishing them from their own country? And with regards to the second part, does nationality justify humiliating people? Protesters can either be peaceful demonstrators, in which case they should be left alone, or lawbreakers in which case they are put on trial and jailed by court orders if found guilty.

Now we move to the proposal of lifting subsidies, or as I call it, a group of laws meant to create restrictions on foreigners. I do not understand the meaning of this suggestion. I was confused by MPs’ statements who sometimes say that removing subsidies on fuel helps reduce traffic, and other times they say that this decision would save Kuwait almost KD 1.5 billion annually.

Which is the right justification? Regardless of the answer to that question, I do not understand why we expect that foreigners are always the problem.

I know that Kuwait has a large expatriate population, but who said that they are reason behind traffic jams and money wastage? Waste of public funds is a result of greedy companies and visa traffickers who brought poor people from the ends of the world, which adds pressure on public services and damages Kuwait’s international image in the process.

Let us put traffic jams aside and focus on the economy and waste. When Kuwaitis put their houses for rent, isn’t that a cause of waste? When Kuwaitis sell their subsidized food, isn’t that a cause of waste? When Kuwaitis are paid handsomely to stay at home while leaving work for foreigners to do, isn’t that a cause of waste? Isn’t weak management a cause of waste? When senior posts are monopolized, when administrative development is frozen because of outdated mindsets, isn’t that a cause of waste? Isn’t treatment abroad a cause of waste? Aren’t the failed multibillion deals a cause of waste? If all those are reasons for wastage of public funds, then why are MPs encouraged to take action only against expatriates?!


- - - End

In my personal experience, usually when BS proposals like this are spun, it is usually to hide something larger that is really taking place in the country.  Hmmmm.... what could THAT be?  2 newspapers were recently suspended for talking about it....


Tuesday, April 01, 2014

U.S. calls out top Kuwaiti official for helping finance Al Qaida


Ok, so let me get this right ....  The US Department of Treasury is accusing the Kuwaiti Minister of Justice of funding terrorism.  “On March 4, U.S. Treasury Undersecretary David Cohen at a conference named Al Ajmi as a financier of Al Qaida.  Them are some purty strong words.... With all the lawyers that the US has, if they didn't have evidence, would they say it?  Hmmmm... 

The only reason I researched the story a little deeper was because the article that appeared today in the Arab Times was so cryptic and left me with so many unanswered questions – that I had to.

Just sayin’ but perhaps charity should start at home (with the Bedoon living in Taima and Sulaibiya and other areas of KUWAIT) and not overseas in areas where the “donations” might be “interpreted” as something other than honorable, charitable acts....   Resolving the Bedoon issue AT HOME would be noble, honorable, and charitable and would not lead to questions of impropriety.  But hey - that's just my 2 cents.  I'm not the U.S. Treasury Undersecretary or anything.


Re-post from:  Special to WorldTribune.com

ABU DHABI — A Kuwaiti minister has been challenged to confirm allegations by the United States that he helped fund Al Qaida.  Kuwaiti Justice Minister Nayef Al Ajmi was accused by a senior U.S. official of promoting what was termed terrorism.


Kuwaiti Justice Minister Nayef Al Ajmi
  
Al Ajmi, who also serves as Islamic Affairs minister, was also said to have facilitated funds to Al Qaida’s Islamic State of Iraq and Levant as well as Nusra Front for the Defense of the Levant.

“We expect the minister to either hand in his resignation immediately or reject the accusations and sue the U.S. official,” Kuwaiti parliamentarian Nabil Al Fadel said. “Lapsing into silence will only fuel speculation and doubt.”

On March 4, U.S. Treasury Undersecretary David Cohen at a conference named Al Ajmi as a financier of Al Qaida. Cohen, said ISIL and Nusra were soliciting contributions from several Arab and Muslim states, particularly Kuwait and Qatar.

“The Ministry of Endowments announced it would allow non-profit organizations and charities to collect donations for the Syrian people at Kuwaiti mosques, a measure we believe can be easily exploited by Kuwait-based terrorist fundraisers,” Cohen, referring to Al Ajmi, said.

In his statement, Al Fadel quoted Cohen as saying that the Kuwaiti minister “has a history of promoting terrorism.” The parliamentarian cited Cohen’s criticism of Al Ajmi’s appointment to the two ministerial posts.
“Kuwait has become the epicenter of fundraising for terrorist groups in Syria,” Cohen was quoted as saying.
In his address to the Washington-based Center for a New American Security, Cohen became the first senior U.S. official to detail Kuwaii and Qatari help to Al Qaida militias in Syria. Cohen, responsible for financial intelligence, said the contributions were being directed to ISIL and Nusra, which could result in attacks in the West.

“Apart from their highly destabilizing role in the ongoing conflict there, these well-funded and well-equipped groups may soon turn their attention to attacks outside of Syria, particularly as scores of newly radicalized and freshly trained foreign recruits return from Syria to their home countries,” Cohen said.

The U.S. official has urged Kuwait, which uses Qatar as a waystation for contributions, to increase measures to stop funds to Al Qaida. Over the last year, the Gulf Cooperation Council sheikdom has announced steps to implement oversight over contributions to Muslim charities.

“Private fundraising networks in Qatar increasingly rely upon social media to solicit donations for terrorists and to communicate with both donors and recipient radicals on the battlefield,” Cohen said. “This method has become so lucrative, and Qatar has become such a permissive terrorist financing environment, that several major Qatar-based fundraisers act as local representatives for larger terrorist fundraising networks that are based in Kuwait.”


Monday, March 24, 2014

Kuwaiti Stateless Issue being "studied" again - OMG!

"Stateless" or "Bedoun/Bidoon" refers to those in Kuwait who have NO nationality.  No passports.  No identity.  How can that be, you ask?  There are several countries in the world with this issue.  Kuwait is a prime example.

Imagine you can't get a credit card.  A car, a phone, or a home in your name.  You can't travel because you don't have a passport.  It is up to a government to determine if you may/may not get birth, marriage, and death certificates.  How do you live?  How do your children live? Children can't get public education because they have no nationality. How will they go to private schools if there is no money to pay for them?  What about health care?    With the number of Stateless Kuwaitis increasing by birth every year, isn't this a national crisis? THINK!


Arab Times
24 March 2014

‘Steps Under Way To Solve Problems Of Illegal Expats’
2,000 Out Of 90,000 Rectify Residential Status

 KUWAIT CITY, March 23: Around 2,000 expatriates facing residency-related problems have rectified their status as per the instruction of Assistant Undersecretary for Citizenship and Passports Affairs Major General Sheikh Faisal Al-Nawaf to ease procedures for these people, reports Alam Al- Yawm daily quoting sources.

Sources confirmed the directive of the assistant undersecretary was implemented after he conducted a study on the issue and submitted results to the interior minister as part of a purely humanitarian security plan to correct the status of nearly 90,000 foreigners staying illegally in the country.


Sources said other studies are currently being conducted to gradually fix the problem - a step which needs time, intensified efforts and governmental support.

---

I had to re-read the "article" above several times because the writing is so God-awful that I missed the point the first 20 times I read it, but I understand the overall point. Perhaps it sounds better in Arabic, before the Google translation?

I have so many comments about this that I don't even know where to begin.  First, gradual BS "studies" have been going on for decades.  They study.  They talk.  They have tea.  They study some more.  They talk some more.  NOTHING happens.  Bidoon (which means "without" - NOT "Illegal") people who have the right to Kuwaiti nationality are still waiting and being treated terribly by just about everyone.  (And before I get any bullshit from the peanut gallery:   by saying "People who have the right" - I mean the ones who can prove that they were here before the 1964 census, have documentation, and have DNA directly linking them to their KUWAITI family members.)

They said they would naturalize 4000 Bedoun per year.  I forget what year that was, but it was years ago and no movement has been made, but "studies."  

Meanwhile, my friends like AHE,  who served in the Kuwait military for 40 (FORTY) years, representing Kuwait as a competition sharp-shooter around the world, still doesn't have nationality; nor do any of his children.  Their home is in someone else's name.  Their cars are in other people's names.  The sons get less salary than anyone else in the same job category and they are perceived as "non-Kuwaitis".  WTF.  The man is a prouder Kuwaiti than most 1st nationality category (there are 17 levels I believe) Kuwaitis that I have ever met.   (17 levels of citizenship, and yet everyone in the country talks about "national unity".  Funny that.) 

The same with HS.  He's been in the Kuwaiti police force for decades, serving his country.  He has all the necessary documentation and he still can't get anyone to even listen to him.  He, like others, hates to go to the governments bedoun agencies because they are treated worse than cattle; they are degraded and humiliated.

Sidebar:   hearing, "Ana usli Kuwaiti" ("original Kuwaiti") takes you down many levels with me (insert expletive starting with "a" here).   WHO is "original"?  People have asked me if I'm, "usli Amreekia" before. Ha.  That's funny.  WTF is that?! 

I've been requested to ask for help from my friends in "higher places."  I want to, but I see the looks on their faces when I even mention the Bedoun. They don't even want to hear it.   Then, the insults and slurs start. I feel awful and humiliated just for bringing up the subject.  The conversations never get far enough for me to provide specific details.    It hurts my feelings to hear how people I consider friends feel about those who I love and are suffering.  They know me better than to say, "You don't understand the complexity of the problem.  You're a foreigner."  No - I've heard that from people (and people commenting here) who DON'T know me.  I know the issues, all the complexities; and I also know people facing serious humanitarian issues in their lives here and now.


Don't make it about the politics; make it about the people.  
NATURALIZE THOSE WHO DESERVE CITIZENSHIP!


Monday, September 02, 2013

Cars Driven On Emergency Lane Will Be Seized: Al-Ali




Arab Times, KUWAIT CITY, Aug 29: The Assistant Undersecretary for Traffic Affairs at Ministry of Interior Major General Abdul Fattah Al-Ali said ...


He stressed that any vehicle that is driven on the emergency lane, which is specifically meant for fire vehicles, ambulances and other emergencies, will be seized from Sunday as well as the vehicles parked in the parking spots allotted for the disabled. He indicated that cameras have been installed to observe such violations, explaining that the owners of the vehicles will be summoned and the vehicles will be seized in front of them.

----

Where do I send my photos of offenders?  Seriously.

Do a Google search for "Driving on emergency lane in Kuwait".  

Monday, August 26, 2013

US Citizen Coming to Kuwait on a Visitor Visa?

Bring several copies of the 1st page of your passport.

Stella just came through along with 3 plane loads of people.  There were only 2 copy machines; both were broken.  Well, one turned out to be unplugged and out of toner; the other was broken (yes, one of the richest countries in the world).  Kuwaiti workers just stared.  They kept calling numbers for people to stand in yet another line where 1 camera and 1 fingerprint machine took data from all passengers.

Dubai, we aint.

This is a sorry state of affairs.


Sunday, June 30, 2013

Buy citizenship

CNN Online just published a list of countries in the world where you can buy citizenship.  Cool.

World's overlooked countries to buy second citizenship, residency


The tropical Caribbean island country of St. Kitts and Nevis has the world's longest-running citizenship-by-investment program. For $250,000, you get a second passport with access to nearly 130 countries. Another perk: no personal income tax.

For just $100,000 you can gain citizenship by investment to the Commonwealth of Dominica, also in the Caribbean Ocean. The country has just 73,000 people. Passport holders have visa-free access to about 85 countries.

Those interested in buying citizenship through investment should keep watch on the Caribbean island nation of Antigua and Barbuda. The government could make it legal as early as the summer of 2013.

In Europe, Austria is the only country where citizenship by investment is possible, says Henley & Partners. 

In Hong Kong, citizenship by investment is not a possibility, but residency by investment is. With a $1.3 million investment, you can enjoy one of the lowest tax rates in the world and heavily-subsidized, well-regarded public health care.

Singapore has its Global Investor Program where applicants can invest $2 million for permanent residency. Citizenship is possible after two years. 

Australia launched the Significant Investor Visa program in November 2012. The scheme targets high-worth individuals and asks for $4.7 million in investment. After four years, holders can apply for permanent residency. Citizenship is also possible. 

Wednesday, June 26, 2013

Kuwaiti Serial Rapist Arrested


Arab Times, 26 June

Kuwaiti Nabbed For Raping Many ‘Home Alone’ Women

KUWAIT CITY, June 24 

Police have arrested a Kuwaiti criminal for sneaking into the homes of women and raping them after ensuring there was no male in the house, reports Al-Rai daily.  The arrest came after several Kuwaitis filed complaints with the Salwa Police Station accusing the man of sneaking into their homes and raping their wives.  The victims are believed to be three Kuwaitis, a Syrian and a Briton. They identified the suspect from pictures shown by police. After the man was taken into custody police records showed he was wanted by law in connection with drugs cases.
---

Anywhere else in the world, they would be stressing the severity of the crime and that it was committed by a SERIAL RAPIST (that means, in a series of similar crimes).  They write the article as matter-of-factly as it was about someone breaking into homes and stealing satellite dishes.  WTF!  

If someone were committing similar violent crimes in the same neighborhood, why wouldn't the police publicize it to warn others?  (Well okay... it took them months of child rapes before they publicized the Hawalli Monster cases...)   FIVE women were raped IN THEIR HOMES in SALWA.  Why does this country continue to take major violent crimes against women as if they are something inconsequential and minor?  

And this is very poorly written.  Who cares if there were no males in the house?  The women could have been single or elderly or whatever.  They were home invasions and rapes.  Did it matter to the story that "several Kuwaitis filed complaints"?  Wow.  "Complaints".   It makes it sound as if there is a noise disturbance.  Who cares what nationality of people filed the cases?  Does it make a difference that they were Kuwaiti?  What if they had been any other nationality?  


Tuesday, June 25, 2013

My Advice to Western Companies Seeking Sponsorship in Kuwait

You can read a previous post about a recent case where a Western company, GLS, had employees who were "held captive on bases" because of a contract dispute with their sponsor. [They weren't literally held captive, but I believe they chose to stay there because  if they left the camps (because we don't have "bases" in Kuwait), they would be jailed and deported.]  I have heard that these employees are being assisted in leaving.  The sponsor company has asked GLS for $20 Million to transfer the employees, but that is kind of a mute point when the employees have been deported/have to leave the country (and are blacklisted).  The employees went through Hell (I believe unnecessarily) and now GLS' reputation is tainted globally through the media.

Although I don't know much about the case directly, what I believe the underlying cause was is a lack of understanding of Kuwaiti laws.  I think the company, GLS, perhaps connected with a company that they didn't know that much about and then (perhaps - and I'm only speculating)  didn't provide enough information to their employees - or provided inappropriate information.

Here is my advice to any Western company seeking a sponsor (or sponsorS) in Kuwait.  And by the by:  You don't need to commit to ONE sponsor company exclusively for all your employees in Kuwait.  Large companies working in Kuwait are catching on to this.  You can work with several and if one isn't doing the job for  you, stop using them later.  Don't put all your eggs in one basket.  Risk management.

Do your homework!  Due diligence!!!  Just because a sponsor company has a member of the royal family attached to it somehow does NOT mean that they are ethical and/or will get your job done.  (OMG -  the stories!!!)  That affiliation sounds like a great selling point, but get references, check around.  Check the reputation of the person or people you are dealing with regardless of who they are.

Sometimes, Littleshittycompany LLC has an Egyptian mandoob (government liaison for the company/gopher/expediter)  who is actually doing all their work for them, is beloved at ministries, and has kept Littleshittycompany LLC's reputation in check for the past 25 years by having tea with the big boys in government offices.  These guys git 'er done here.  If a company has fired a succession of mandoobs, move on/look elsewhere.  The mandoob is the key to successful completion of all the paperwork.  And employees, never ever underestimate the power of your sponsor company's mandoob.  Bake them some damn cookies.  Buy their kid a gift.  Do whatever it takes to suck up.  Need something done?  You gotta scratch some backs.

And people please:  Verify, verify, verify!  Ask for important items to determine if a company is on the up-and-up/legit:

  • A current Kuwait business license (it will be in Arabic.  Establish a prior relationship with a translator.)
  • References from current or former sponsored companies (POC current/active e-mail addresses so that you can contact them yourselves.  Do not rely on their "outstanding references")
  • Financial statements - 3 years back or more.  Audited by a big 4 company?
  • Who is the authorized signatory and is he/she in Kuwait often?  Ask for a copy of the authorized signatory letter (Arabic).  (Note that the authorized signatory should be the ONLY person signing contracts/official documents with your foreign company - no one else.   Otherwise, the document may not be legal.)
  • Insurance:  DBA Insurance (or knowledge of how to obtain it).  Private healthcare (who do they deal with - ask to see several options).
  • Ask if they have the ability to "Open files"/sponsor X number of employees under Article 18 visas. 
  • Ability to assist in obtaining drivers licenses in Kuwait
  • Ask for certification (in writing) that no other company they have sponsored in X years has filed court cases against them. 
  • Ask if they have any branches outside of Kuwait (may help you if you need to litigate later).
  • Additionals:  Accommodations:  ask to see where they will be housing employees (or referring employees for housing).  Transportation:  What types of vehicles?  How old?  Does the sponsor company have any established relationships in order to offer your employees discounts? (Ok, now you are just messin' with them!)
  • Name(s) of company mandoobs.  How many years in service to the company.
  • (Probably more that I can't think of right now and feel free to chime in on comments.)

I was asked (by a sponsoring company) to complete a  due diligence questionnaire for a Western company (ok, I'll just say it - it was Honeywell)  to fill out before they would even consider working with them.  Those guys have it together.  That's the way you do it.  Send it out to several/many potential sponsoring companies and ask them to attach the above.  If they are professional, they'll be able to complete it.  If not, move on.

The sponsor company WILL be taking your money.  That's how they are in business.  They need to PROVE to you that they are worthy BEFORE you start doing business with them; not just when you need them to expedite a drivers license or (God forbid) when you have to take them to court for something.  The sponsor company WILL be responsible for the well-being of your employees while in Kuwait.  This is a very important role.  Why take chances?

And Western companies please - before you even think about doing business in Kuwait - Begin and maintain a good relationship with a Kuwaiti commercial lawyer/firm.  There are many. Some are ABA registered.  Have them draft/review your sponsorship agreement.  Put them on retainer so that if you need to ask questions (or have them write letters to your sponsor company to keep them in line) they are at your disposal.  Know your rights and the rights of your employees under the laws of Kuwait.  If you were in the US or Europe, you wouldn't play around with the laws or employee obligations; why would  you do it in a foreign company where there is so much more risk?

Which sponsoring company in Kuwait do I recommend right now?  Defcon Support (www.defconsupport.com) is run by an American who sponsors companies in Kuwait. (Note that in order to sponsor people in Kuwait, the company must be owned 51% by a Kuwaiti and I don't know who his Kuwaiti partner is.)  Se habla English and have good contacts with the American/Western community in Kuwait as well as Western embassies.

Western Employees:  
You should ask the company you are going to work for if they have done their homework.  Ask, in writing, if the employing company has done due diligence on the sponsor company.  Ask for DETAILS of the sponsor company (name, name of executives, website, etc.).  God forbid you should need it later, but you might.  How many Westerners have I asked, 'So, who is your sponsor?'  "I dunno."  Or - if they do know:  'What is the name of the owner/principal?'  "I dunno.  I don't remember.  Al something."  No! No! No!  Bad employee!  Are you crazy??  Sponsor means you are under their control for the duration of your time in Kuwait.

Lemme break it down to reach a certain target audience:
It is like staying at someone's house in another state/city/country.  You don't know Flana (your Kuwaiti sponsor company) very well, but she's invited  you and your friend, Bob, (your employer)  to come on over.  Sounds good:  You like to travel and see new things and the price is right.   You don't know who Flana is  or what her address is.  You just don't bother with the details because hey - it's all good.  Flana seems nice.  You hop on a plane..... Then....  You're staying at Flanas and go out for a while and can't remember how to get back to her house  in a taxi. You don't have her address or last name.   Once you finally get back there, Flana has wigged out and locked the door.  She's acting all weird and has just gone pompei and put all your stuff out on the lawn after taking the money from your wallet! WTF!   (Betcha didn't see THAT comin'.)  What's up with Flana?  Who is this person?   Forget that Bob is staying there too.  Bob's not going to help you get back home. Bob didn't know Flana any better than you did when you decided to go visit.  (He was just looking at you with that same big stupid grin on his face when he thought he was getting a comfortable ride.) Bob is in the same dilemma and doesn't  know what's going on either.  You're both screwed because you haven't done your homework.  (Did you ask someone about Flana's recent problems with the law or that she has a mental disorder?)  Didn't your mother ever tell you to keep a quarter and taxi fare in your pocket just in case?  Did you listen?

Here's your quarter and taxi fare:
Do you have a Kuwaiti lawyer who is going to help you? Do you know how to find one should something happen?   Learn about where you are going (and how to get back).  You can't just rely on the embassy to help you out.  That's your responsibility.  The embassy has a listing of lawyers, but are they going to take your case?    What if one day you stop receiving your paycheck?  Whatchagonnado?  Plan in advance.  Make friends.  Establish contacts.

People - know your rights.  Download the Kuwait labor law.  You're an adult.  Act like one. (Both employers and employees.)   Don't just fly off without a plan.


Monday, June 24, 2013

BAM - Another Parliament


The latest newest newest new parliament has been dissolved and there is now a "one man (actually "person") one vote" law.  I agree with the law.  I think that's what it should be.  However, the way the governorates/voting districts are divided/populated does give an advantage to pro-Government voters and it could be that Kuwait will later look into re-division.

So... Here's what I don't get....

If there is what some call an unfair advantage, why would the opposition want to boycott yet another parliamentary election?  What is the point in that?  They will never be able to affect change in anything.  They will never be able to table this issue because ... hey... they're not there.

Isn't this kind of cutting off your nose to spite your face?

So far, the news has been kind of sketchy about boycott on or boycott off.  I don't think anyone thought this far.  Yup, the word "planning" isn't very popular around these parts.  I'm trying to keep up with the Kuwaiti news (no, not the newspapers or TV, but "Telephone, telefax, tell-a-Kuwaiti." - the best way to keep informed here).

Whutup, Kuwait?


Thursday, June 20, 2013

Contract dispute leaves 100 Americans stranded on US Army bases

Someone sent me the link to this on my Facebook site this morning.  It is the first I've heard of it.  Some companies are REALLY lowering the bar on unethical behavior.  OMG.  I hope that folks in the US are equally as "hospitable" should the company owners ever venture to the US....


Captive in Kuwait: Contract dispute leaves 100 Americans stranded on US Army bases
Published June 18, 2013
FoxNews.com

At least 100 American citizens have been trapped for months on two U.S. bases inside Kuwait after local police unjustly issued warrants for their arrest, a U.S. defense contractor told FoxNews.com.

Most of the Americans were working as Arabic translators for Global Linguist Solutions, which ended a lucrative deal with its sponsoring Kuwaiti subcontractor, Al Shora International General Trading & Contracting and signed on with another company. Sources told FoxNews.com Al Shora's managing director is the sister-in-law of the Kuwaiti prime minister.

When the contract ended Feb. 17, Al Shora refused to transfer the employees' visas to the new Kuwaiti subcontractor and falsely accused the Americans of being "runaways and absconders," according to Charles Tolleson, president of Global Linguist Solutions. His company has barred workers from leaving the bases since May 31 to protect them from arrest and imprisonment. 

"We don’t see any hope. We’re dealing with a corrupt company in Kuwait that has fabricated charges against us."  - American citizen trapped on U.S. base in Kuwait.  "My biggest concern is the safety and security of my employees in Kuwait," he said. 

One of the employees, who contacted FoxNews.com Tuesday morning from Camp Buehring, said, "If we leave the base, we could be arrested by the Kuwaiti authorities, jailed or deported."

"We cannot see the doctor even for an emergency," said the woman, who asked that her name not be used. "Everybody here is under stress because a lot of us here need to go home. Our families are worried about us. We need to see our kids... We don’t see any hope. We’re dealing with a corrupt company in Kuwait that has fabricated charges against us."

She said the Al Shora's managing director "cancelled all of our visas here, so we became illegal."
Camp Buehring is in the Kuwaiti desert, about 25 miles south of the Iraqi border. Other employees of Global Linguistics are similarly stuck at Camp Arifjan, another U.S. Army base inside Kuwait.

Al Shora is demanding $22 million from Global Linguistics in order to transfer the employees' visas to the new company, Kuwaiti Resources House, sources said. Under Kuwaiti law, foreigners cannot work in the country unless they are under the sponsorship of a private Kuwaiti company. 

After his company re-bid its contract several months ago and opted to chose the new Kuwaiti company, "Al Shora basically embarked on a campaign to destroy my company," Tolleson said.

"There’s no contract dispute. I don’t even have a contract with them anymore," he said of Al Shora. "If a sponsor is no longer a sponsor, they are required to simply transfer [the visas] to the new sponsor. This happens all the time. They won’t do that, and that violates the terms of their former contract."

A representative from the Kuwaiti prime minister's office said he was not aware of the situation.  "This is the first time I heard about this," the representative, who declined to give his name, told FoxNews.com. "This kind of behavior has never happened."

He had no comment when asked if the Al Shora's managing director was related to Kuwaiti Prime Minister Jaber Al-Mubarak Al-Hamad Al-Sabah

Tolleson said that when he approached the U.S. military about the situation, "I was told this is my problem."
The office for the U.S. Ambassador to Kuwait referred all inquiries on the matter to the U.S. State Department.

“The U.S. Embassy in Kuwait is aware of the commercial dispute involving a Department of Defense contractor and a local Kuwaiti company," Beth Gosselin, as a State Department spokeswoman, told FoxNews.com. "That dispute has had an impact on a number of private U.S. citizens working in Kuwait. 
"The protection of U.S. citizens overseas is one of our highest priorities," Gosselin added. "The U.S. Embassy is working with the private U.S. citizens and is providing them with appropriate consular assistance. The Embassy continues to monitor the situation closely and is encouraging an immediate resolution to this difficult issue."

At least three of the linguists reportedly spent seven days in a crowded, filthy jail after being caught outside their base. Majdi Abdulghani was detained by police May 9, as he prepared to board a plane on an approved trip to Jordan to visit his sick mother, the military newspaper Stars and Stripes reported.  He spent seven days in jail before being flown back to the U.S., according to the newspaper.  

Monday, June 10, 2013

What happens at the airport when you're caught with booze

(This was a not-so-funny April Fools Day joke)

So, I'm not going to reveal the identity of the person that this happened to (at her request), but she thought people might be interested in knowing what happens to you when you are caught bringing in booze to Kuwait.  I've done it myself over the years.  My Kuwaiti friends do it.  Other expat friends do it.  It is kinda like having sex out of wedlock:  It is illegal here, but please don't try to tell me that no one is doing it.... just sayin....

Getting caught (and it has happened to me several times) depends on different factors:  If the staff is new, if the airport is busy/lots of flights, or - if they just don't feel like paying attention.  Guess girlfriend just had bad luck.

Here is what my reader had to say:


Dear Desert Girl,
Last night I was caught with a few water bottles of alcohol in my suitcase coming into Kuwait Airport.  It wasn’t my first time over the years being caught.  Usually, the customs reps just take it off you and  you leave.  This time, there seemed to be a quite young, quite new customs rep at the counter (“Lucky 13”).  They no longer put their names on their uniforms, so that no wastah can help.  I guess young 13 was trying to catch a dangerous criminal.

He took the alcohol from me and placed it under the counter.  Then took my passport and put it in his back pocket.  Without any gloves, he proceeded to go through my bag (dirty underwear and all).  He asked me if I had anything else.  I said I didn’t.  Then, he x-rayed my bag a second time and asked to go through my handbag and my laptop bag.  Again, without gloves.  I started to feel creepy and violated.  I didn’t like the thought of someone elses’ hands touching my items.  Likewise, he didn’t know what I had in my bags and he it was obvious he was touching worn clothing.  He didn’t use hand sanitizer.  It was all very disgusting.

The entire time, he directed bad looks my way and scowled.  He told me to follow him to the little security room.  “Come!”  Like calling a dog.

When I got into the security room, there were two other men there.  (I immediately handed them my civil ID.)  Only one spoke English.  He asked me in not a friendly manner why I had brought the alcohol into the country as I should “know better.”  I responded, “to drink it, of course.”  Rotund, sweaty, and very excited Lucky 13 told the men that I had hid the alcohol in my make-up bag (as if this was something unusual).  I said, “What should I have done with it?  Place it on top of the suitcase?”  The senior rep tapped on the table and said, “This is a case. This is a case.”  I said, “Ok, file a case. What else can I do?” I told him I had measured exactly 1.5 litres in volume – that is all I was carrying.  Then I started sending SMSs to my Kuwaiti lawyer (who never responded as he was probably at his chalet with his friends drinking).

The senior gent took a copy of my passport and my civil ID card.  He asked me to sign a paper.  I honestly didn’t think they could make a case with only 1.5 litres of alcohol.  I had heard about the papers people are sometimes asked to sign where you agree never to do it again.  I expected either.  What I was asked to sign was only a paper saying that my suitcase was being returned to me with all my items inside.  (A luggage receipt!)  Then they said I could go.

The purpose of the drama seemed more to intimidate and instil fear than to create a legal problem.  I know that I broke the law, but I am obviously not a hardened criminal and there is no need for people to be unkind or act uncivilized.  They might do with customer service training.

The entire ordeal lasted approximately 20 minutes.


Sunday, June 09, 2013

Deportation - Seriously? You think that's going to work???

I have my own take on the recent deportations of expats in the country because of traffic violations.

Have I been worried about it for myself?  Yes I have.  What if I leave the house ONE time without my drivers license?  What happens if, for example, I go through a red light because there is a truck tailgating behind me?  Will I even be able to put my Kuwait affairs in order before I'm jailed and sent home?  What about my dog?  What about my car loan?  Yes, I think about all this stuff.

Right now, the Kuwait Ministry of Interior is deporting as many people as they possibly can for traffic violations to "resolve the traffic problem."  I personally do NOT believe that this will resolve Kuwait's traffic problems in the slightest.

Deporting people isn't going to make anything better.  There will always be another crop of drivers entering the country who will not be properly trained before getting on Kuwait's roads.  Why?  Because Kuwait continues to hire from poverty-sricken countries where the "drivers" ask for very little money for salaries and hey - have probably never owned a vehicle of their own back in their home country (and yes folks - these are the SAME people who are driving  your children around). 

Yes I believe that people who are re-offenders of serious traffic crimes should be heavily fined or banned from driving, but what about those of us who make genuine mistakes at some point AND who CONTRIBUTE to the advancement and prosperity of this society? (And many who even fought for this country.)  Are you going to put everyone into the same category?

The PROBLEM is that there are too many cars on the road. The ANSWER is mass transportation: Safe, dependable, clean, affordable transportation for the masses. Look at Dubai - WOW. And - not every family needs 3 drivers and 6 cars to transport kids to and from school: regulate a country-mandated school bus system (again - safe, dependable and clean for the kids). Regulate. Enforce laws.  Educate the population.

I emplore the decision makers to visit Dubai and take the metro.  (And I know Kuwait "has plans" to build a metro, but if you have lived in Kuwait for more than 6 months, you'll know that "planning" doesn't equate to "doing.") 

Kuwait is an exclusive country, not an inclusive one.  There is a very callous mentality towards allowing people into Kuwait, and for making it friendly for them to stay there.  Dubai is of quite a different mentality:  Set the infrastructure, lay down the law and enforce it, and then allow people to help you make your country flourish.

I feel sad for Kuwait.  There is so much untapped potential just beyond the veil.




Tuesday, May 21, 2013

Municipality Strikes Again: Took away my Happy Place

I'm so P'ed.  I blame myself for jinxing us all...

This past weekend, I was joking with my friend, H, about how I was planning to steal a piece of hand-made furniture that he has at his farm.  He laughed and said, "Why steal it?  I'll give it to you."  I'm like - 'Naaaah, it is way more fun to steal.  You'll know who took it.'

So, H called me at 2 am a few days later.   He rarely calls me and never so late.  Totally unlike him, but  I was too tired to pick up the phone.  He called me back at around 9 am, obviously upset.  "Do you still want the outdoor furniture I have?  I'll send it to your house?"  I said, 'Dude, why the urgency?  It was a joke.'

We have been going to his farm for the past 5 years to hang out.  All of our friends go there.  It is very casual - you can just show up and we're always welcomed.  It is an extensive circle of friends that come and go.  I'm usually there on the weekends.

For some reason, the municipality decided that they want him off the land.  It is private land that he rents.  (The land owner, his friend, couldn't do anything about it.  I don't know the full details.)  How much notice do they give him?  Less than 24 hours to vacate!!!  Ridiculous. 


See, if I was him (or anyone in his situation), I would just be hillbilly-shotgun mad.  H is a nice guy.  He just made a lot of calls, gave a lot of stuff away, and sold the rest to scavangers/used furniture people.  All in a day.

He lost about 25,000 KD.

I feel so bad for him.   I feel bad for anyone in his situation.  What is wrong with this country that this stuff goes on?  At least give reasonable notice.  A month maybe?    H is Kuwaiti.  He's quiet and doesn't bother anyone. He rents the land.   There is no need for it.

I offered to give him my lawyers number or help him move.  He was just so depressed that he wouldn't accept anyone's help, "It's done."

I wouldn't mind going in on a farm rental somewhere.  I like the weekend hang out, so I made the offer.  If anyone knows anyone with a long-term lease in Kabd, let me know.  We're looking.  ... on to the next Happy Place.

Monday, April 29, 2013

Update on: Western Employees on Arifjan Sue for Labor Benefits and Win

Original post HERE.  See AmericanGirlsWorld Blog post on this subject HERE

The below is outstanding information from American Girl's World blog.  I hope some of my readers will find it useful as well, as I am often asked these types of questions.


Keven L. Barnes says:
April 29, 2013 at 12:49 pm

I work closely with Dr. Al Enezi’s law firm and he is working a number of these cases against Primes who, with the blessing of Camp Arifjan Contracting Officers and Lawyers have allowed the False Claims Act violations to go unaddressed in the form of debarments and suspension of companies who are violating the United States Government Prime contract DFAR regulation 252.7002 LOCAL LABOR LAWS apply.

What applies to Rock Island and Camp Arifjan are RICCO Racketeering laws against conspiracies, fraud, and theft of workers on such a scale as been happening to Americans, British, Australian, and other Western Expats, let alone the Third-Country nationals.

When you have the Department of Justice not investigating racketeering, fraud, the violation of the Competition in Contracting Act, and now Labor violations that date back 8 years – we have ourselves a racketeering that involves the DoD IG and FBI. Who is going to investigate and report to our Congress members the ongoing violations of the Terms and Conditions of the Prime contracts not enforced by Contracting Officers who were given an SF1402 and only have an 8th grade education. I would fully expect that the Lawyers who I believe have a much higher education degree than any Army Contracting officer would realize the difference between defending criminals and upholding the Federal Acquisition Regulations and Kuwait Labor Laws. They apparently have blurred the lines between defense and law. The Kuwait Labor Law applies to all VISA 18 in the passport holders. Visa 14 cannot work – PERIOD and Camp Arifjan has 100 plus violations of that statute alone at any one time.

Call Dr. Al Enezi or write me and I we will discuss your prime contract and its terms about Local Labor Law. All those who had their local labor rights in Kuwait violated should see a Qui Tam lawyer and bring the appropriate lawsuits against these Prime Contractors and file a claim against the Army and the individual contracting officer until finally – there just are no Contracting Officers who violate the Kuwait Labor Laws. Haul them into Kuwait courts. They leave the base, so they can be served papers to appear. ONLY then and investigation into the racketeering of Camp Arifjan and why it appears year after year in the Department of Justice’s report to Congress dating back to 2005 and MAJ JOHN COCKERHAM, MAJ PRESSLEY, and the other Camp Arifjan criminal elements who have joined the long list of 28 kickback artists. http://www.usmilitarycontracting.org will be a portal to capture this other criminal activity of Camp Arifjan.

Good Luck with your cases and don’t forget to take the win to an American attorney to recover damages in the United States system.
keven.barnes@latvianconnectionllc.com

Sunday, April 07, 2013

Bill Proposed to Allow Foreigners to Own Property in Kuwait

 Can it be true?  Can there actually be forward-thinking individuals within the parliament?  Wow.  Do you mean to tell me that Kuwait is actually seeing the benefits of an economic boost - similar to Dubai's?  Shocking really. 





Arab Times
KUWAIT CITY, April 6: Secretary of the National Assembly MP Kamel Al-Awadhi proposed a bill on Saturday to allow foreigners to own property in Kuwait. He said the bill aims to provide foreigners with a stable means to carry on their business and will be beneficial to the real estate market.

In light of the high population of expatriates, Al-Awadhi added, his proposed bill will allow new investment opportunities as foreigners will be attracted to invest their savings in the local economy instead of outside Kuwait.

Al-Awadhi proposed the amendment of law number 8/2001 concerning the regulation of direct investment of foreign capital in the State of Kuwait to allow foreign residents and investors to acquire residential and business properties.

Tuesday, March 26, 2013

Law on Music Concerts in Kuwait




Obtaining a permit to have music even at a private party is a royal PITA.  I've never tried to obtain one for a concert, so I can only imagine how difficult it would be.  We wanted to get a guy to play oud once at a hotel venue and I needed wastah even for that.  Pathetic.  And the MOI often sends concert monitors to ensure that no one is dancing. 

Kuwait used to be a leader in the arts in the Middle East before all the conservatives set about to destroy it.  I am seeing some real talent coming up recently and I hope that they will be allowed to CREATE in Kuwait.

Finally, someone with the right attitude in Parliament (see below)!  Using the law to change the balance.... This is exactly what MPs in the past could have done to counteract some of the "foreign influences"/conservative policies used by lawmakers of previous parliaments.    I don't know anything about MP Al-Fadhl, but I'm liking him a whole lot today! 

Arab Times Today:

MP Nabil Al-Fadhl queried the Minister of Information Sheikh Salman Sabah Al-Salem Al-Humoud Al-Sabah on the reasons why a 2004 ministerial decision, that sets stringent conditions on music concerts, has not yet been abolished.

Al-Fadhl said the decision violates Article 14 of the Constitution, which states that “the State shall promote science, letters, and the arts and encourage scientific research therein”, as well as Article 30, which states that “personal liberty is guaranteed”.

Thursday, February 14, 2013

Find out about your traffic violations by SMS


Find out about your traffic violations by SMS

(Repost from 248am Blog)
The Ministry of Interior launched a new service where you can sign up to receive notifications on your traffic violations by SMS. They will also send you a notification when your Civil ID or car registration are about to expire among other things.
The subscription fee is KD1 and then it’s 40fils per SMS. If you want to sign up click [Here]

I just did this.  Cool.  Thanks Mark.

Thursday, January 10, 2013

Kuwait Labor Law Webite - Woo Hoo!


http://www.kuwaitlaborlaw.com

This website is just what we've needed.  I wonder who runs it.

"I am Kuwaiti"

Mona Kareem forwarded a tweet on the Bedoon (stateless) community of Kuwait containing a link to a VERY good article by Sebastian Kohn from Open Society Foundations.org on the subject.  Mr. Kohn is a good writer and I enjoyed reading his article.


You can read the full article HERE.

Excerpt:


"You've had a lot of experience photographing stateless populations—including the Nubians in Kenya and the Rohingya in Burma. What were your first impressions of Kuwait and of the bidoon community?

The first thing that struck me was just the huge disparity between the Kuwaitis and the bidoon. The Kuwaiti government provides social and financial benefits to its citizens that are unlike anything I have seen before—enormous housing benefits, health benefits, almost assured employment, free education, and financial benefits for being married and for having children that would dwarf the incomes of a huge percentage of people in developing countries around the world. In Kuwait citizenship is clearly more than the right to have rights—to have a passport and be recognized and so on. It is an open door to a secure future for you and your family.
The bidoon are cut off from all of this. They live in slum-like settlements on the outskirts of urban areas. They're denied access to birth certificates and somewhere between 90,000 and 180,000 people are refused access to essential services, including health care and public education.

When you speak with them, you hear about the history that many of the families have in Kuwait, many of which pre-date Kuwait’s independence, and very quickly you see these stark differences and inequalities—inequalities that have been created and perpetuated by the state. You hear how, since the mid-1980s, the bidoon community has been almost completely excluded from Kuwait’s elite—be it political, professional, military, etc. The word “bidoon” in Arabic means “without” and it's an apt description of their situation."

---
When I first came to Kuwait and for many years after, NO ONE would publicly discuss the subject of statelessness in Kuwait; especially the Bedoun themselves, for fear of repercussions.  Now, they are speaking up and people are listening.  Articles, like this one, are popping up around the globe discussing the issue.

When a person loses hope, he loses everything.   I believe that the Bedoun issue is a ticking time bomb.  Crime is on the rise and the situation seems to be worsening instead of getting better.    I sincerely hope that the Government resolves this situation.

Tuesday, January 08, 2013

Western Employees on Arifjan Sue for Labor Benefits and Win

The article below appeared on the front page of the Arab Times.

USG contractors working in Kuwait MUST abide by the Kuwait Labor Law or face consequences.  Just because employees are working at a US military installation does not mean that employers get to bend the rules to suit them.  

It is good that the article includes the full name of the lawyer, Musaed J. Al-Riyahi,  that is handling the employees' case.  He has successfully won cases for Westerners fighting for their rights.  More people with similar circumstances can now contact him.  Only wish they had published his contact information!  I just did a quick Google search and couldn't find him.  Why don't these guys at least get on LinkedIn?

The Kuwait Labor Law states that a work week is only 48 hours.  Any time over 48 hours is considered overtime.  No such thang in Kuwait as "exempt" and "non-exempt" employees.  It all the same.

Kuwait Labor Law, Article 64
"…it is forbidden to allow workers to work for more than 48 hours per week or 8 hours a day..."


Article 66
The overtime work should not exceed two hours a day, a maximum of 180 hours a year, three days a week or 90 days a year. The worker shall have the right to prove by any means that the employer required him to perform additional works for an additional period of time. The worker shall also be entitled to a 25 percent increase over his original remuneration for the period of overtime."


I wonder how many employees filed the case.  Interesting.



Bottom line is that either the company has knowingly violated legal labor practices to make more money;  or whoever was in charge of overseeing their contract (compliance/contract management?) did a crap job.

Ultimately, if employees don't do anything about it, unscrupulous companies will get away with it.  The Kuwait Labor Law is available online.  Any employee in Kuwait with a Kuwaiti residency visa is governed under the Kuwait Labor Law.  Get edumacated.