Ministry of Commerce and Industry Resolution No. 27 of 2015 Issuing the Executive Regulations of Law No. 39 of 2014 on Consumer Protection

Ministry of Commerce and Industry Resolution No. 27 of 2015
Issuing the Executive Regulations of Law No. 39 of 2014 on Consumer Protection

Article One

The provisions of the Executive Regulations of Law No. 39/2014 on Consumer Protection, the texts of which are attached to this Resolution, shall be applied.

Article Two

Any resolutions that contravene or conflict with this Resolution shall be repealed.

Article Three

This Resolution shall be published in the Official Gazette and shall come into force three months after the date of its publication.

Executive Regulations of Law No. 39/2014 on Consumer Protection

Chapter One – Definitions

Article 1

For the purposes of applying the provisions of these Regulations, the words and terms set out below shall have the meaning assigned to each of them:
1. The Ministry: the Ministry of Commerce and Industry.
2. The Competent Minister: the Minister of Commerce and Industry.
3. The Law: Consumer Protection Law No. 39 of 2014.
4. The Regulations: the Executive Regulations of the Consumer Protection Law.
5. The Committee: the National Committee for Consumer Protection established by a resolution of the Competent Minister in accordance with the provisions of the Law.
6. The Technical Secretariat: the group of employees designated by the Competent Minister by a resolution issued by him, and attached to the National Committee.
7. The Consumer: any natural or juristic person who obtains a Commodity or Service, for consideration or without consideration, to satisfy his needs, or who benefits from either of them for the purpose of consumption, or with whom dealings are conducted or a contract is concluded in respect thereof.
8. The Commodity: any industrial, agricultural, animal, processed or intellectual product, including the primary elements of the materials and the components included in the product, as well as used goods contracted for through a Supplier (“Provider”).
9. The Service: any work provided to the Consumer in return for a fee that is agreed upon or determined under an announced tariff.
10. The Provider (“Supplier”): any natural or juristic person who, in his own name or on behalf of others, carries on a commercial or industrial activity relating to the distribution, manufacture, sale, leasing, import, offering or trading of a Commodity, or intervention in its production, or the provision of a Service by any means whatsoever, including electronic means and other modern technology means.
11. The Advertiser: any natural or juristic person who, by himself or through others, advertises or promotes the Commodity or Service by the various means of publicity and advertising, whether the Advertiser is the Provider himself or a person licensed to do so.
12. The Defect: any design or manufacturing flaw in the product that appears before or during use, or as a result of its non-conformity with the mandatory standard specifications in force in the State of Kuwait or other international standard specifications approved by the Public Authority for Industry, unless the flaw or deficiency in efficiency arises from the conduct of the Consumer.
13. The Malfunction: anything that affects the Commodity after its production or the Service after its provision which may result in harm to the Consumer or in depriving him, wholly or partially, of the benefit of either of them.
14. The Price: the price of the Commodity or Service, or the consideration for the lease, usufruct or use, or the consideration for the Service, as the case may be.
15. The Associations: civil society associations and their federations registered in accordance with the provisions of the Law on Clubs and Public Benefit Societies that are concerned with consumer protection, whether primarily or secondarily. An association shall be deemed concerned with consumer protection if the main purpose of its establishment consists of working in the fields of consumer protection, and shall be deemed secondarily concerned with consumer protection if the purpose of consumer protection is one of the fields of its activities.
16. The Approved Standard Specifications: the specifications approved by the Ministry of Commerce and Industry or the competent authorities, whether at the local, Gulf or international level.
17. The Discounts: offering the Commodity at reduced prices or providing services at lower prices during a specified period, by any means whatsoever.
18. The Promotion: seeking to increase sales, without including sale operations.
19. The Invoice: any document that is in itself sufficient to prove the dealing or contracting with the Consumer in respect of the Commodity or Service.
20. The Security and Safety Conditions: the conditions stipulated in the relevant laws and regulations and those issued by the concerned authorities.
21. The Special Offers: offers for the sale of products or services without reducing their prices or consideration, by providing services, prizes or free gifts, or other benefits.
22. The Points of Sale: any outlet, belonging to others and not affiliated with the licence holder, for the sale of the goods and services of the licence applicant.

* Clauses (13) and (18) amended, and Clauses (21) and (22) added, by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Chapter Two – Provisions Governing the Work of the National Committee for Consumer Protection

Article 2

For the purposes of applying the Law, the National Committee for Consumer Protection, formed by a resolution of the Competent Minister, shall monitor and follow up the implementation of the provisions of the Law with the aim of protecting the Consumer and safeguarding his interests.
The term of membership of the Committee shall be four years, renewable once.

Article 3

The Committee shall meet at the invitation of its Chairman or whomever he authorises by law at least once every month or whenever necessary. The invitation to the meeting shall be sent in writing at least one week before the day set for it, and the agenda shall be attached to the invitation.
The meetings of the Committee shall be valid if attended by a majority of its members, and its resolutions shall be issued by an absolute majority of those present; in the event of a tie, the side on which the Chairman votes shall prevail. Its resolutions shall be enforceable after their approval by the Competent Minister, other than in cases of deciding the other disputes between the Consumer and the Provider, and its resolutions in the other cases shall be deemed final upon their issuance.

Article 4

The Chairman of the Committee shall be replaced in his absence by his Deputy, and the Chairman of the Committee may assign or authorise his Deputy or any of the members of the Committee to chair it.

Article 5

In addition to the powers prescribed by law for the National Committee for Consumer Protection, the Committee shall have competence over the following:
1. Deciding on complaints received by it from civil society associations for consumer protection.
2. Deciding on disputes referred to it by the Technical Secretariat because of the existence of a Defect in the Commodity, or its conformity with the specifications or with the purpose for which it was contracted, or the existence of a Defect or deficiency in the Service.
3. Receiving notifications and reports from the Provider regarding the existence of a Defect in the Commodity or product and its potential harm within seven days from the date on which the Provider discovered the Defect or became aware of its existence; carrying out the necessary awareness and warnings through the press and the media; and notifying the civil society associations for consumer protection to perform their role in protecting the Consumer from the risks of the Commodity, and following up on this until its causes are removed.
4. Issuing resolutions and taking the necessary measures set out below, according to the following cases:
a. Obliging the violator to rectify his situation and to remove the causes of the violation or complaint.
b. Ordering the removal of the violation immediately at the expense of the violator or within a reasonable period that the Committee deems appropriate.
c. Suspending the provision of the Service if it becomes clear to it that the violation is likely to cause harm to the health or safety of the Consumer, or if benefiting from it has become impossible.
In these cases, the Committee may order the suspension of the entitlement to any consideration for the Service during the suspension period.
d. Seizing the Commodity subject of the violation until the investigations are concluded or a court judgment is issued in its respect.
e. Disposing of perishable goods and depositing the funds obtained from such disposal in the treasury of the competent court.
5. The Committee may delegate any of the sub-committees in respect of any of its powers referred to in the preceding Article, and such delegation shall be issued by a resolution of the Chairman of the Committee, provided that this resolution is presented at its first subsequent meeting.

* Clause (5) added by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Article 6

In exercising its powers stipulated in the preceding Article, the Committee may do the following:
1. Assign one of its members, or form committees from among its members and others, to carry out a specific task or to supervise an aspect of the Committee’s activity; in this case, reports on the task or supervision subject of such assignment shall be prepared and presented to the Committee.
2. Appoint one or more experts, provided that the resolution of appointment specifies precisely the assignment, the time limit set for filing the report and the date of the session set for discussing the report, and provided that the expert/experts are addressed through the employer if the expert is employed by the Government or any of its affiliated units.
The fees of the expert shall be determined by a resolution of the Chairman of the Committee upon the proposal of the Technical Secretariat.

Article 7

A member of the Committee shall be required not to have previously expressed an opinion on the dispute or the report presented to it, and not to have been connected with it as an expert, arbitrator or witness.
If this occurs, he shall recuse himself when the dispute presented is being considered; otherwise his vote shall be void and shall not be taken into account when calculating the quorum required for issuing the resolution.

Article 8

The committees formed by the National Committee for Consumer Protection in accordance with the provisions of the Law shall coordinate with the Technical Secretariat of the Committee and refer to it in respect of the documents they request, the procedures they take or the reports they submit, as well as in respect of what they request from the competent technical authorities regarding specifications, standards and other matters.

Article 9

The members of the National Committee are prohibited from participating in the deliberations or voting in any case presented to it in which any of them, or whoever represents him, has an interest or rights, or between whom and one of its parties there is a kinship relationship up to the fourth degree, and who has represented or represents one of the parties concerned.
This prohibition shall apply whenever the member of the Committee (prior to his membership of the Committee) was a representative of, or employed by, one of these specified parties.

Article 10

Minutes of the Committee’s meetings shall be recorded regularly after each session and shall be signed by the Chairman of the Committee or his Deputy and the Secretary.

Article 11

The Committee may invite whomever it deems fit to seek the assistance of from among persons of experience and expertise to attend its meetings, without the right to vote in its deliberations.

Article 12

In cases where the resolution of the Committee relates to the formation of committees, referral to the Technical Secretariat or the appointment of an expert, its resolutions shall be enforceable upon their approval by the Competent Minister or whomever he authorises.
In cases of deciding disputes between the Consumer or the Provider, the resolutions of the Committee shall be final and enforceable upon their issuance.
The resolutions of the Committee shall be notified to the persons concerned by publishing them in the Official Gazette or notifying them by a process server or registered mail.
The persons concerned may challenge them before the legally competent court, and the challenge shall be decided expeditiously.
The challenge shall not suspend the implementation of the Committee’s resolution unless the court rules to suspend its implementation.

Chapter Three – Provisions Governing the Work of the Technical Secretariat

Article 13

A Technical Secretariat shall be established for the National Committee for Consumer Protection, composed of a Secretary-General, an Assistant Secretary and a sufficient number of persons seconded from the employees of the Commercial Control and Consumer Protection Sector, by a resolution of the Minister upon the nomination of the Undersecretary of the Ministry, for the period specified in that resolution.
The Technical Secretariat shall operate in accordance with the directions of the National Committee for Consumer Protection and the resolutions of its Chairman or whomever he authorises, and shall implement the resolutions of the Committee upon their issuance, receive the complaints of Consumers and implement the recommendations of the committees legally formed by the National Committee for Consumer Protection, in coordination with all the concerned departments.
The Secretary-General or the Assistant Secretary shall attend the meetings of the National Committee, and neither of them shall have the right to vote in its deliberations.

* Amended by Ministerial Resolution No. 776 of 2018 (23/12/2018), then by Ministerial Resolution No. 269 of 2019 (30/6/2019).

Article 14

The employees of the Technical Secretariat of the Committee who are designated by a resolution of the Competent Minister shall have the capacity of judicial police officers in applying the provisions of the Law, and in this capacity, based on a complaint by the Consumer, a report from civil society associations or a general phenomenon, they may do the following:
1. Inspect, at any governmental or non-governmental entity, the books and documents, and obtain the information and data necessary to examine the cases subject of the complaint presented to the Committee.
2. Enter the premises and workplaces of the persons subject to examination, during official working hours.
3. Take the gathering of evidence procedures necessary for the examination, and question any person regarding his commission of any violation of the provisions of the Law.
4. Take samples of goods prepared for trading from shops, stores, warehouses and refrigerators (three samples at least) for analysis, after observing all standard specifications and the resolutions regulating the methods and procedures for taking samples.
5. Summon the owner of the establishment or the person responsible for its management immediately upon their entry into the establishment, and request him to submit the documents indicating the source of the Commodity from which a sample is required to be taken, with the documents submitted to be recorded in detail in the sampling report, a copy thereof attached, and endorsed as conforming to the original.
The procedures may be completed at factories, production units, public premises frequented by the public and other places and units in which such goods are displayed.
In all cases, the examination and seizure procedures and the drawing up of the necessary reports shall be completed within a period not exceeding one month from the date of the report or the commencement of the procedures, unless the necessities of coordination with the competent authorities require a longer period of time.

Article 15

The particulars of the report shall include all the procedures taken against the violator, and in particular the following:
1. The date and time of the incident.
2. The name and capacity of the person who drew up the report.
3. The name and capacity of the person at the establishment against whom the procedures were taken.
4. A description of the Commodity subject to seizure or inspection.
5. The documents indicating the source of the Commodity, if any.
6. The procedures taken by the person who drew up the report to prepare the samples, including the method and manner of taking and transporting the samples and their number.
7. The signature on the report of the owner of the establishment or the person responsible for its management; and in the event that he refuses or abstains from signing, this shall be recorded with the assistance of police officers.

Article 16

The employees of the Technical Secretariat of the National Committee for Consumer Protection shall, when exercising their official powers, comply with the following:
1. Seeking the assistance of an adequate force of police officers.
2. Carrying an identification card stating the capacity of judicial police officers conferred upon them and the scope of exercise of their powers on the basis of such capacity.
3. Disclosing their identities whenever the persons concerned request to view them.

Chapter Four – Submission of Complaints and Procedures for Their Examination

Article 17

The Consumer, consumer protection civil society associations and persons concerned may submit a complaint to the Committee or to any of the sub-committees regarding any violation of the provisions of the Law.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Article 18

The complaint shall be submitted to the Technical Secretariat in writing, provided that it includes the following particulars and documents:
1. The name, capacity, detailed address, civil ID number, telephone number and e-mail address of the complainant, together with the documents supporting such particulars.
2. The name, address, nature of activity and location of the person complained against.
3. The subject of the violation that is the subject of the complaint.
4. The evidence on which the complaint is based and the documents relating thereto.

Article 19

A complaint that meets the requirements shall be entered in the register prepared for that purpose, and the complainant shall be given a receipt bearing the number and date of its entry.

Article 20

The Technical Secretariat shall submit complaints that meet the requirements to the Chairman of the Committee or his deputy to endorse them as he deems fit, whether by conducting an investigation into them and referring them to the judicial police officers or by placing them on the agenda of the Committee’s meeting.

Article 21

The Secretary-General of the Technical Secretariat shall, after completing the investigation of the complaint referred to him, prepare a report giving his opinion thereon and submit it to the Committee at its first meeting held after the report is prepared, and the Committee shall issue its decision on the necessary action in the light of the outcome of such report.

Article 22

The Committee shall decide the dispute brought before it, expeditiously, by a reasoned decision, taking into account the nature of the dispute in terms of the type of Commodity and its degree of perishability or the specific nature of the Service and the time span for its performance, within forty-five days at most.
Its decision shall be final and enforceable, in accordance with the controls set out in Article (12) of these Regulations.

Chapter Five – Civil Associations for Consumer Protection

Article 23

Associations for the purpose of consumer protection may be established by a resolution of the Minister of Commerce and Industry after the National Committee for Consumer Protection approves that they fulfil the following conditions: –
1- The number of their founding members shall not be less than fifty members.
2- The founding member shall have voluntary work in this field.
3- The founding member shall not have been previously convicted of crimes involving dishonour or breach of trust, unless he has been rehabilitated.
4- The founding member shall not be a member of another registered consumer protection association.

* Amended by Ministerial Resolution No. 92 of 2018 (30/1/2018), then by Ministerial Resolution No. 776 of 2018 (23/12/2018), then by Ministerial Resolution No. 269 of 2019 (30/6/2019).

Article 23 bis

The application for registration of the association provided for in the preceding Article shall be submitted to the Technical Secretariat of the National Committee for Consumer Protection, and the fulfilment of the conditions referred to in this Resolution shall be verified, provided that the Technical Secretariat decides on the application within 45 days and submits its report to the National Committee for Consumer Protection for approval and presentation to the Minister to issue the necessary resolution on the registration of the association.
The registration procedures shall be completed in accordance with the provisions regulating civil society associations set out in Law No. 24 of 1962 on Clubs and Public Benefit Societies, after the applicant is notified in writing of the Minister’s resolution approving the registration of the association.
The National Committee may set criteria for determining the extent of the need to establish consumer protection associations.

* Added by Ministerial Resolution No. 776 of 2018 (23/12/2018).

Article 23 bis (A)

A Specialised Union may be established for the associations established for the purposes of this Law and referred to in the preceding Articles, in accordance with the rules approved by the National Committee for Consumer Protection, and the establishment of such union shall be by a resolution of the Minister.

* Added by Ministerial Resolution No. 776 of 2018 (23/12/2018).

Article 23 bis (B)

Consumer protection associations shall, in carrying on their activities, be subject to the following controls: –
– The purpose of establishing the association shall be aimed at protecting the Consumer, and the association’s objectives shall not include any other civil society activities.
– The association may not seek to achieve any unlawful purposes or purposes contrary to public morals, or interfere in politics or religious disputes, or incite sectarian, racial or tribal fanaticism.
– The association is prohibited from receiving complaints from the Consumer where any of the members of its board of directors has a dispute with the person complained against or is one of his first-degree relatives, and in this case the complaint shall be referred directly to the National Committee for Consumer Protection.
– The association shall be entitled to organise and hold awareness events and conferences under governmental or commercial sponsorship in order to spread commercial awareness among Consumers.
– Work in the association is voluntary work, and none of the members of the board of directors shall receive any returns or remuneration in consideration of their work in the association.
– The association shall submit to the Ministry a copy of the final account for the ended financial year and the draft budget for the coming financial year no later than one month from the date of the end of the financial year, signed by the treasurer and the chairman after the approval of the board; and the concerned bodies in the Ministry and the concerned government entities may inspect the association’s accounts in accordance with the systems followed by them.
– The association shall not be entitled to address the Kuwaiti market in the media in a manner that offends it or any of the sellers, Providers or service providers in general, in respect of which no final court judgment has been issued.
– The association shall be entitled to issue advice and guidance to the Consumer, taking into account considerations of quality and price, without disparaging a specific Provider.
– The association shall not be entitled to belittle regulatory bodies in the media, and it shall take all means to have its complaint pursued, if there are grounds for it.

* Added by Ministerial Resolution No. 269 of 2019 (30/6/2019).

Article 24

Consumer protection associations may, in order to achieve the purposes of this Law, perform their role in providing the necessary assistance to Consumers who have suffered damage as a result of using or purchasing a Commodity or receiving a Service, by any of the following means:
1. Taking legal action, including bringing actions relating to the interests of Consumers or intervening therein.
2. Raising Consumers’ awareness of their rights through seminars and regular awareness programmes in cooperation with the various media.
3. Conducting surveys and comparisons of the prices and quality of products, verifying the accuracy of the particulars relating thereto that specify their content, and notifying the Committee thereof.
4. Providing the Committee and the competent government entities with the information they have obtained on problems relating to Consumers’ rights and proposals for remedying them.
5. Receiving Consumers’ complaints, verifying their seriousness, submitting them to the Committee and the competent entities, and following them up until their causes are removed.

* Amended by Ministerial Resolution No. 92 of 2018 (30/1/2018).

Chapter Six – Rules for the Exchange and Return of Commodities

Article 25

The following rules shall apply to the regulation of the exchange and return of commodities and goods:
1. The Consumer shall be entitled to exchange or return commodities and recover the price paid for them within fourteen days from the date of purchase, unless the warranty condition announced by the trader provides for, or custom dictates, a longer period, in accordance with the following conditions and controls:
a. The Commodity shall be in the same condition as at the time of purchase.
b. The Consumer shall not have used it in any manner whatsoever.
c. The Commodity shall not be rapidly perishable, unless it is proven that it was spoiled or expired for human consumption at the time of purchase.
d. The nature of the Commodity, according to what custom dictates, shall not be such as does not permit its return or recovery.
In the event of a dispute between the Consumer and the Provider regarding the existence of the Defect or the non-fulfilment of the conditions of return, the dispute shall be referred to the National Committee on the basis of a complaint submitted by one of the parties to the dispute to the Technical Secretariat or to the Committee directly.
The Committee may seek the assistance of such experts as it deems appropriate or of the committees formed in accordance with the Law to prepare a report on the dispute within one month at most, and the Technical Secretariat shall submit it to the Committee at its first meeting following receipt of the report so that it may issue a binding decision on such dispute, which shall be enforceable immediately upon its issuance, subject to the provisions of Article (12) of the Regulations.
2. Commodities or goods shall be returned in cases where a Defect or Malfunction is discovered in them, even if it can be repaired, or where they do not conform to the Approved Standard Specifications in the State of Kuwait.
3. If the exchange of the Commodity or goods is not possible, they shall be returned, and the seller shall refund their price according to the value stated in the sales invoices, by the same method used at the time of purchase or by any other method accepted by the Consumer.
4. The Consumer’s right to exercise the right of return or exchange shall not lapse, where the conditions set out in these Regulations are fulfilled, even if the commodities or goods were purchased during commercial offers (Reductions) licensed by the Ministry of Commerce and Industry, and in this case the refund of the price shall be based on the value of the Commodity stated in the sales invoices and by the same method used at the time of purchase.
5. If it is established that the Commodity or goods subject to return or exchange are adulterated, counterfeit or do not conform to the mandatory Approved Standard Specifications in the State of Kuwait, the Consumer shall be entitled to recover their value from the seller in cash, without prejudice to his right to have the legal procedures prescribed in this regard taken against the violating seller, as the case may be.
6. If the reason for the exchange relates to sizes, the purchaser shall exercise the right of exchange or return within a period not exceeding five days, and if the alternative size is not available, the Consumer shall be entitled to exercise the option of return and recover the value of the Commodity, provided that the sizing option is recorded in the purchase invoice
7. If the Commodity subject to return is one of the valuable items, such as jewellery, watches, evening wear, eyeglasses, wedding attire, items that come into contact with the skin and perfumes, the Consumer may not, in addition to the controls set out in Clause (1) of this Article, exercise the option of return and recovery except within a period not exceeding twenty-four hours and provided that the option of return is recorded in the purchase invoice.
8. If it is established that the Commodity or goods are contrary to what was agreed upon, the Consumer shall be entitled to return them and recover their value.
9. Shop owners shall comply with the following:
a. Placing a conspicuous notice in a prominent place in the shop or store, in Arabic at least, whatever its material, setting out the conditions and mechanism for applying the provisions on return and exchange.
b. Not displaying the phrase (Goods sold are neither returnable nor exchangeable).
c. Not obliging the Consumer to bear any financial cost in return for the exchange or return for any reason whatsoever or under any name whatsoever, where the conditions of exchange or return provided for in these Regulations are fulfilled.
In no case may the Consumer be obliged, when the grounds for the return of the Commodity are established, to accept deferred purchase coupons in lieu of a refund of its price.

Article 26

The Consumer may not exercise the right to the option of return or exchange in the following cases:
1. If the Consumer was aware of the Defect or Malfunction in the Commodity at the time of its purchase and accepted it in its condition, and this was recorded in the purchase invoice.
2. If the nature, characteristics, method of filling or packaging of the Commodity or goods prevents its exchange or return, such as its exposure to damage or the impossibility of restoring it to the condition it was in at the time of purchase in a manner that precludes its resale, unless the reason for the return and exchange is attributable to manufacturing defects or violations of the mandatory standard specifications, or the commodities or goods are contrary to what was agreed upon as a result of fraud in the specifications and components.
3. Rapidly perishable consumer commodities are excluded, unless it is proven that they were spoiled or expired for human consumption on the date of purchase, as are commodities manufactured according to specifications determined by the Consumer, and books, newspapers and magazines.

Article 27

The Provider shall take back the Commodity and refund its value, or exchange it or repair it free of charge, if a Defect is discovered therein or if it does not conform to the prescribed standard specifications or to the purpose for which it was contracted, within the period specified in accordance with the warranty conditions announced by the trader or the period established by custom
The provisions of this text shall not apply to rapidly perishable consumer commodities, commodities manufactured according to specifications determined by the Consumer, books, newspapers and magazines, and software and the like.

Chapter Seven – Mandatory Particulars of Commodities and Services

Article 28

The Provider shall state on the wrapping or container of the Commodity or at its place of display, in Arabic, clearly and legibly, according to the nature of each Commodity and in a manner that cannot be removed, the basic particulars provided for in the laws, regulations, technical regulations and standard specifications and any particulars required by another law, and in particular the following:
1. The name, type, nature, components and quantity of the Commodity, whether in terms of weight, measurement, number, volume, energy or standard, or any other measures affecting the value of the Commodity.
2. The country of origin (the name of the country preceded by the phrase: Made in).
3. The country of export (if any).
4. The name of the producer and the importer, accompanied by the trade name, address and trademark of each of them.
5. The production date and the period of validity.
6. The conditions of handling and storage and the method of use.
7. A warning of the risks that may result from the incorrect use of the Commodity.
The Provider shall also enclose inside the container a detailed statement in Arabic that clearly sets out the components and specifications of the Commodity and the risks of its use, if any.

Article 29

The Provider shall attach to the Commodity the particulars relating to the method of its use and installation, according to the nature of the Commodity and the extent to which it includes parts for dismantling and assembly.
The said particulars shall clearly include the method of installation or use in a manner that enables the Consumer himself to carry it out, and where it is necessary to seek the assistance of a technician to install the product, this shall be clearly stated on the container or outer wrapping of the product.
The Provider shall also attach to the Commodity all the parts or materials; the Provider shall replace it with another similar Commodity or refund the price, according to the Consumer’s wish.

* The last paragraph is reproduced as it appears in the Official Gazette.

Article 30

Service providers shall specify the particulars of the Service provided in a clear manner, together with its prices, advantages and characteristics.

Chapter Eight – Special Offers and Discounts

Article 31

Without prejudice to the provisions of (Law No. 2 of 1995 on Sale at Reduced Prices and Advertising and Promotion of Commodities and Services), the following general conditions and controls shall apply to conducting Discounts, Special Offers or clearance sales:
a- Obtaining the necessary licence for that purpose from the Ministry of Commerce and Industry, provided that the licence application includes the following:-
1- Submitting the commercial licence for practising commercial, industrial or craft business, provided that it is valid, without prejudice to the provisions of Article (35) of these Regulations.
2- Lists containing the Commodities or Services that the offer will cover, provided that Commodities and Services covered by other current offers are excluded.
3- The types and brands of the Commodities or Services that the offer will cover.
4- A statement showing the selling price of the Commodities or Services covered by the offer for a period of one month preceding the date of submitting the licence application.
5- A statement showing the selling price of the Commodities or Services covered by the offer during the licence period.
6- Sales invoices for the Commodities covered by the offer during the preceding month.
7- Submitting a copy of the form of each advertisement.
8- Any other documents required by the competent department as a statement of the Commodities covered by the offer and the discount rate.
b- Paying the fee prescribed for issuing the licence, as follows:
1- (KD 50) fifty Kuwaiti Dinars for issuing the licence for Discounts, Special Offers or clearance sales for a single shop or commercial showroom.
2- (KD 10) ten Kuwaiti Dinars for each shop or showroom added to the licence.
3- (KD 5) five Kuwaiti Dinars for each of the Points of Sale at third parties, up to a maximum total of 100 Kuwaiti Dinars regardless of the number of Points of Sale, in addition to the licence issuance application fee set out against (b/1). The licence shall be issued on the form approved by the Ministry, stating any special conditions and controls relating to the type of licence requested.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015); Clause (7) of Paragraph (a) amended, and Clause (8) added to it, by Ministerial Resolution No. 174 of 2021 (19/9/2021).

Article 32

In addition to the conditions referred to in the preceding Article, the licensee of the offer shall comply with the following:
1- Not making any addition, cancellation, amendment or deletion to the price list submitted to the Ministry after obtaining the licence for the offer, except with the approval of the Ministry.
2- Not exceeding the period specified for the licensed offer.
3- Placing a price tag on all the Commodities covered by the offer, showing the price before and during the offer, which shall conform to the statement approved by the Ministry, and in accordance with the mechanism determined by the competent department.
4- The selling price during the offer period shall not exceed the lowest price at which the public was dealt with during a period of at least one month preceding the offer.
In applying the preceding Clauses (3, 4/b), the prices of the Commodities covered by the offer shall be reviewed whenever their selling prices in the market fall below the minimum stated in the offer; in this case, the Ministry shall be entitled to cancel the licence unless the licensee regularises its position in accordance with market prices.
5- Restricting the offer to the Consumer only, unless the nature of the Commodity requires otherwise, in accordance with the controls issued by a resolution of the Undersecretary of the Ministry of Commerce and Industry.
6- Placing a copy of the licence on the shop front, showing the start and end of the offer period, and presenting the original licence whenever so required.
7- Placing, in a conspicuous place in the shop or commercial showroom, a list or statement showing the prices before and during the offer and indicating the discount rate or Discounts approved by the Ministry, in the Arabic language and in clear script, and it shall be accompanied by a translation into one of the foreign languages.
9- Complying with the form and wording of the advertisement in accordance with the controls determined by the Ministry.
10- Conspicuously identifying the Commodities or Services not covered by the offer sufficiently to distinguish them from their counterparts covered by the offer (other than in cases of general clearance sale), and placing a sign reading “goods/service not covered by the licensed offer”; otherwise, the offer shall cover all the goods/services displayed in the commercial shop that is the subject of the licence, at the lowest announced discount rate as a minimum.
11- None of the licensed offers may be combined with another except with the approval of the Undersecretary of the Ministry and under the controls he deems fit, and the period between the two offers shall not be less than one month (30 days).
13- Keeping a copy of the conditions and instructions under which the licence was issued and which are attached thereto.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015). Clauses (8) and (12) were omitted from the text published in the Official Gazette. Clause (3) amended by Ministerial Resolution No. 174 of 2021 (19/9/2021), which refers to it as Clause (3) of Article (33).

Article 32 bis

By way of exception from the provisions of Articles (31), (32), (33) and (34) of these Regulations, shops, companies and commercial establishments that practise trade in the State of Kuwait through stores and Points of Sale, or through electronic websites and applications, may be licensed for seasonal and emergency offers. They may also be licensed to link the prices of their Commodities on electronic websites and applications to the prices of foreign and international websites and applications, upon an application submitted to the Ministry of Commerce and Industry in accordance with the conditions and controls issued by a resolution of the Undersecretary of the Ministry or whomever he authorises. In this case, the licence period shall be 6 months, extendable.

* Added by Ministerial Resolution No. 361 of 2015 (17/9/2015), and amended by Ministerial Resolution No. 174 of 2021 (19/9/2021).

Article 32 bis (A)

Shops, companies and commercial establishments that offer cash-back offers shall obtain a licence from the competent department, upon an application submitted to the Ministry of Commerce and Industry in accordance with the conditions and controls issued by a resolution of the Undersecretary of the Ministry or whomever he authorises. In this case, the licence period shall be 6 months, extendable.

* Added by Ministerial Resolution No. 174 of 2021 (19/9/2021).

Article 32 bis (B)

Licence fees:

Type of licence	Fee
Seasonal and emergency offers	1- KD 250 for each shop, showroom, website or application. 2- KD 50 for each Point of Sale belonging to the licensee. 3- KD 25 for each of the Points of Sale at third parties.
Linking the local price to the prices of foreign and international electronic websites and applications	KD 250
Cash-back offers	KD 250 per month

The licence shall be issued on the form approved by the Ministry, stating any special conditions and controls relating to the type of licence requested.

* Added by Ministerial Resolution No. 174 of 2021 (19/9/2021).

Article 33

Taking into account the provisions of Articles (30) and (31) of the Regulations, the conditions and controls relating to Discounts/Reductions set out below shall apply:
The period of a Reductions offer shall not exceed forty non-renewable days for a single offer, provided that the period between other Reductions offers is not less than thirty days. A licensee for general price Discounts may not raise all or some of the selling prices during the month preceding the submission of the application.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Article 34

Taking into account the provisions of Articles (30) and (31) of the Regulations, the conditions and controls relating to Special Offers/Discounts set out below shall apply:
– The advertisement of a Discounts offer may not include a discount rate of not less than 20% and not exceeding 50% except after the approval of the competent department.
– In the case of Discounts not exceeding 50%, the proportion of Commodities covered by such offers shall not be less than 50% of the total Commodities displayed in the licensee’s shop.
– In the case of Discounts exceeding 50%, the Commodities covered by such Discounts shall not be less than 20% of the total Commodities displayed in the licensee’s shop.
– Special Offers or Discounts on fresh vegetables and fruit may be licensed, provided that they are loose and sold by weight.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Article 34 bis

By way of exception from the provisions of Clause (1) of Article (59) of these Regulations, a preferred customer may be granted a personal discount, a discount coupon or a promotional electronic discount code, provided that there is a written and announced policy for preferred customers and that there is no discrimination between them.

* Added by Ministerial Resolution No. 174 of 2021 (19/9/2021).

Article 35

Taking into account the provisions of Articles (30) and (31) of the Regulations, the conditions and controls relating to clearance sales set out below shall apply:
(a) General clearance sale:
– The general clearance sale shall cover all the Commodities and goods inside the licensee’s shop.
– A general clearance sale may not be licensed except after the activity has been changed entirely or the commercial licence has been cancelled permanently, within a period not exceeding six months before applying for the licence.
(b) Special clearance sale:
– The special clearance sale shall cover all the Commodities and goods covered by the activity to be cancelled.
– A special clearance sale may not be licensed except after the activity or activities covered by the special clearance sale have been permanently cancelled from the commercial licence at the competent department.

Article 36

The Ministry shall decide on the licence application within five working days from the date of its submission, and it may refuse to grant the licence by a reasoned decision, of which the applicant shall be notified by registered letter.
If the said period lapses without a response from the competent department, the application shall be deemed refused. Whoever has had his application refused, or deemed refused, may file a grievance with the Minister within sixty days from the date of being notified of the refusal or of the lapse of the period prescribed in the preceding paragraph, and the Minister’s decision on the said grievance shall be final.
The licence for Discounts shall be issued on the same day where the Provider or seller submits an electronic statement of the prices of all the Commodities or Services it offers, monthly and on a regular basis, taking care to update it whenever new items are added or cancelled.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Article 37

Taking into account the provisions set out in Articles (30) and (31) of these Regulations, the following are required in order to obtain a licence for Promotion:
1. The participation cards, or whatever substitutes for them, in the draw or in the promotional offers shall be free of charge.
2. A specimen of the participation cards in the promotional campaign, or whatever substitutes for them, stating all the conditions of the promotional campaign, shall be attached to the application.
3. The prices of Commodities and Services shall not have been raised during the three months preceding the licence period.
4. The Commodities and materials whose sale is to be promoted shall be new and fit for use.
5. The prizes to be drawn and the gifts to be distributed shall be clearly specified in terms of type, number and descending order according to the cash value of the prize or gift.
6. The prizes and gifts shall be in kind or in cash.
7. The prizes and gifts shall be owned by the shop, in any manner enabling it to allocate them to others, before the start of the validity period of the licence for Promotion.
8. The prizes and gifts shall be new, unused and under warranty.
9. The dates and places of the draw shall be clearly specified in the licence application and in the advertisements of the promotional campaign.

Article 38

– The application for a licence for Promotion shall be submitted to the competent department, which shall decide on the application within five working days from the date of its submission. The Ministry may refuse the licence application by a reasoned decision notified to the applicant by registered letter. If the said period lapses from the submission of the application without a response to the applicant, the application shall be deemed refused.
– Whoever has been the subject of a decision refusing his application, or whose application is deemed refused, may file a grievance with the Minister within sixty days from the date of being notified of the refusal, or of the lapse of the period prescribed in the preceding paragraph, and the Minister’s decision on the said grievance shall be final.
The licence for Promotion shall be issued on the same day where the Provider or seller submits an electronic statement of the prices of all the Commodities or Services it offers, monthly and on a regular basis, taking care to update it whenever new items are added or cancelled.

* Amended by Ministerial Resolution No. 361 of 2015 (17/9/2015).

Article 39

With regard to free offers and instant gifts, “Scratch and Win” and “Coupon Draw”, the instructions and conditions set out in Annex No. (1) to these Regulations shall apply, and the Assistant Undersecretary for Commercial Control and Consumer Protection Affairs may issue such amendments to these instructions as are necessary to ensure the protection of the Consumer, in a manner that does not contravene the provisions of the Law and that is consistent with these Regulations.

Article 40

A description, advertisement or presentation of a Commodity or Service, as the case may be, shall be deemed deceptive if it includes a false presentation, statement or claim that is liable to lead, directly or indirectly, to creating an untrue or misleading impression for the Consumer, and in particular if it concerns one or more of the following elements:
1. The nature of the Commodity, its composition, its essential characteristics, the elements of which the Commodity is composed, or its quantity, shape or appearance.
2. The source of the Commodity, its identity, its genuineness, its method of manufacture, its date of production, its expiry date, its conditions of use or the warnings regarding such use, or its weight, volume, number, amount, measurement, capacity measure, power, standard or any other measures.
3. The country of origin, the country of export or the producer of the Commodity.
4. The terms and procedures of contracting, including after-sales service, the warranty, the price and the manner of its payment.
5. Prizes, certificates or quality marks.
6. Trademarks, data or logos.
7. The characteristics of the Commodity or Service and the results expected from its use.

Article 40 bis

Taking into account the provisions of Law No. 2 of 1995, and by way of exception from the provisions of this Chapter, the Undersecretary of the Ministry of Commerce and Industry may issue a resolution granting exclusive and comprehensive licences to companies or establishments accredited by the competent official authorities to undertake the organisation of major national occasions and celebrations.
This resolution shall be issued upon an application submitted by the official authority and the accredited company organising that occasion, against a fixed fee of fifty thousand Kuwaiti Dinars (KD 50,000) for each licence, provided that the licence period shall not exceed three months.
This resolution shall include the conditions and controls with which the organising party shall comply to ensure the performance of the tasks in the optimal manner. The Ministry of Commerce and Industry may withdraw the approval granted at any time without giving reasons.

* Added by Ministerial Resolution No. 227 of 2024 (27/11/2024).

Chapter Nine – Rules Governing Invoice Particulars

Article 41

Owners of shops, companies or commercial establishments and others shall use the Arabic language in the invoices issued by them in all their dealings, and they may use one or more other languages alongside the Arabic language if they deem it appropriate.
When issuing an invoice for the purchase of Commodities or Services, it shall include the following basic data:
– The name, address and telephone number of the Provider, and the date of the invoice.
– The type of the Commodity or Service and its essential characteristics.
– The unit of sale.
– The quantity of the Commodity or the number of units sold.
– The condition of the Commodity, if it is used.
– The price of the Commodity or the fee for the Service in the local currency.
– The delivery date.
– The signature or stamp of the Provider or of whoever legally represents it.
– The serial number of the Commodities and of the parts they contain.
In the case of Commodities covered by a warranty or guarantee, the seller shall set out, in a special clause, such warranty, its duration and its conditions, whether the seller is the warranty provider or a third party is, provided that the invoice includes the name of the commercial shop that bears the warranty.
– In all cases, the Ministry shall be entitled to take all legal measures by cancelling the offer if the licensee violates any of the conditions and controls provided for in the preceding Articles.

Chapter Ten – Recall of Commodities and Vehicles

Article 42

The manufacturing company and its local agent shall notify the Ministry in writing of any recall of a product within a period not exceeding seven days from the date of commencement of the recall process, and shall open the recall file immediately, observing the following:
a. The recall file shall not be closed except with the permission of the Ministry.
b. The notification shall specify the types of Commodities covered by the recall, the number of each type imported and sold in the local market in the State of Kuwait, a description of the product or the defective part of the product, the causes of the Defect, and the hazards or damage that the Defect may lead to.

Article 43

The manufacturing company and its local agent shall announce the recall on the website of the company or of its local agent, if any, and in more than one widely circulated local daily newspaper, one of which shall be in the Arabic language, more than once within a period not exceeding ten days from the date of commencement of the recall process, provided that the announcement includes the following information:
a. The name and logo of the manufacturing company.
b. The name and full address of the local agent.
c. The name of the product, the country of manufacture and the trademark.
d. A description of the Defect.
e. At least the agent’s telephone number (hotline) and fax number, to enable the user to make contact, enquire and request assistance with the repair.
f. The instructions that the user shall follow to avoid any hazards until the repair is carried out.

Article 44

The manufacturing company and its local agent shall recall and repair or replace the defective part of the product free of charge and irrespective of the warranty period.

Article 45

The Supplier shall, at the request of the Consumer, replace the product or repair the Defect where the request is attributable to it, if the Commodity or product is capable thereof, or take it back and refund its value to the Consumer without any additional cost, and compensate the Consumer, if necessary, where the Consumer has suffered damage arising from the use.
In the event of a dispute between the Supplier and the Consumer, or a disagreement over the application of this Article, the matter shall be referred to the Committee by an application submitted to it directly or to the Technical Secretariat, so that the Committee may decide on it by a binding decision in accordance with the procedures set out in Article (25) of the Regulations.

Article 46

The local agent shall provide the Ministry with a monthly report on what has been accomplished during the recall process, such that the report includes the number of products recalled and the repair of the Defect for which they were recalled.

Article 47

The manufacturing company and its local agent shall bear all costs arising from the recall process, including advertising costs.

Article 48

The local agent shall receive and handle users’ complaints with all due attention. Where complaints multiply because of the Malfunction recurring three times, the manufacturing company shall be notified and the Ministry shall be notified with a copy of the notification within a period not exceeding one week from the date on which the last complaint was submitted.

Chapter Eleven – Provisions Governing After-Sales Services

Article 49

Taking into account the periods and terms stipulated in special laws, regulations or standard specifications, the Provider shall guarantee the manufacturing quality of the Commodity during the warranty period specified by the producer or the principal, provided that such period is not less than one year (unless the nature of the Commodity requires a shorter period in accordance with commercial custom, or the two parties agree on a longer period).
The warranty period shall be extended by a period equal to the period or periods during which the Consumer did not benefit from the Commodity because of defects covered by the warranty, or because of delay in its maintenance where this is attributable to the agent’s default or to his delay in providing the necessary spare parts during the warranty period.
The warranty of manufacturing quality shall apply to a Commodity that undergoes the necessary maintenance, whether at the agent himself or at independent service centres, provided that such maintenance is carried out in accordance with the producer’s recommendations.
The warranty shall not be prevented from applying to the Commodity by reason of the spare parts used in maintenance having been sold by a party other than the agent, provided that they conform to the Approved Standard Specifications and are equivalent to the original spare parts.

Article 50

Without prejudice to the obligations of the local agent set out in Article 23/Third of Ministerial Resolution No. 216 of 2014 Issuing the Executive Regulations of Law No. 117 of 2013 Amending Law No. 10 of 1979 on the Supervision of Trade in Commodities, Services and Crafts:
The agent or distributor may not release himself from his obligations to provide all the warranties that the producer or the principal provides for the Commodity that is the subject of the agency, as long as the request for performance of the obligations was made during the warranty period.
The agent and the distributor shall provide the Consumer with a similar Commodity for him to use free of charge during the period of performance of the aforementioned warranties, whenever their performance takes longer than fifteen days.

Article 51

The agent shall provide the spare parts necessary for the operation and repair of the Commodities that are the subject of the agency, within time limits and periods consistent with the nature of such parts and the Consumer’s need for them.
The time limits for performing this obligation shall be determined according to the following criteria:
1. For Commodities imported by the agent: the agent shall secure, immediately and without interruption, the spare parts for which Consumers’ demand is ordinarily regular and continuous.
The agent shall secure, within a period not exceeding one month from the date of receiving the Consumer’s request, the spare parts for which Consumers’ demand is not ordinarily regular and continuous.
2. For Commodities manufactured by the principal and not imported by the agent: the agent shall provide the spare parts necessary for the maintenance of such Commodities, whenever it is established that they were covered by the agency contract on the date of the Consumer’s request for them, or that they were the subject of a previous agency. In this case, the agent’s obligation shall be to exert every effort within his power to provide the requested spare parts within a reasonable time.

Article 52

The agent shall specify in writing a reasonable period for completing the maintenance or repair of the Commodity covered by the warranty, according to the nature of the maintenance required or the reasons necessitating the repair.
The Consumer shall be entitled to a similar replacement Commodity in all cases in which the delay in maintenance or repair during the warranty period is attributable to the agent’s default in providing the necessary spare parts within the time limits set out in the preceding Article.
The same obligation shall also apply to the agent where his default or poor organisation of work causes a delay in the repair or maintenance of the Commodity during the manufacturer’s warranty period, and in this case the entitlement to the replacement Commodity shall commence from the day following the date specified in writing to the Consumer for completion of the maintenance and repair.

Article 53

When providing periodic maintenance services for the product covered by the warranty, the agent shall:
1. Take the necessary steps to provide sufficient equipment, technicians and staff to the extent that enables him to provide the Service within reasonable periods consistent with what the Consumer is entitled to expect on the date of purchase according to the reputation of the brand or the agent or both.
2. Carry out the necessary maintenance of Commodities using trained human resources and appropriate techniques in accordance with the manufacturer’s instructions and in a manner that ensures the quality of maintenance.
3. Allocate appropriate means of communication with Consumers to facilitate services and coordination upon receipt and delivery of Commodities.
4. Establish a unit to follow up Consumers’ observations and complaints, and put in place a clear mechanism for dealing with them and coordinating thereon with the competent authority.
5. Display the periodic maintenance fees, the date on which it is to be carried out and the time it takes, in a prominent place in his service centres.
6. Provide a statement of the estimated cost of maintenance at any time upon the Consumer’s request.
7. Specify in writing a reasonable period for completing the maintenance, and provide the Consumer with a document evidencing this.
8. Clarify the fees for maintenance services, including inspection, examination, replacement of damaged parts, the method of calculating labour charges, and other paid services.
9. Display the prices of spare parts by placing them on their packaging, or by using any other techniques or procedures that enable the Consumer to verify them himself or through staff assigned for this purpose.
10. Retain the replaced spare parts and present them to the Consumer before payment of the fees due; the Consumer may waive them to the agent for the purpose of disposing of them by appropriate means.

Article 54

The Competent Minister may, by resolution, regulate the warranty periods, warranty conditions and prices of after-sales services for certain durable Commodities, in a manner commensurate with the nature of such Commodities and the conditions of dealing in them in the markets, taking into account the following:
1. The importance of the Commodity to the Consumer.
2. The intrinsic characteristics, the conditions of dealing or the commercial custom specific to each product.
3. The existence of a confirmed need to prevent abuse of the Consumer’s rights, in the event that the Provider deliberately drafts the warranty conditions in an ambiguous manner or restricts the warranty with the aim of evading his legal obligations in this regard.
4. The necessity of ensuring that the agent provides all the warranties granted by the principal for the Commodities that are the subject of the agency.
5. Obliging the local agent to provide the warranties that are proven to be provided in other countries in which the conditions of commercial dealing are similar to those in the State.

Chapter Twelve – Provisions Governing Sale by Instalments

Article 55

In the case of a sale by instalments or the collection of the consideration for a Service in instalments, the Provider or service provider shall, before contracting and in addition to the particulars stipulated in Chapter Nine of these Regulations, comply with the following:
1. The provisions of Law No. 2 of 2001 on the Establishment of a System for Collecting Information and Data on Consumer Loans and Credit Facilities Related to Sale by Instalments Transactions.
2. Recording the following particulars:
a. The party offering the product (the Commodity or Service by instalments).
b. The cash sale price, the instalment price and the down payment, if any.
c. The rate of return, the method of calculating it and the total cost of the sale.
d. The number of instalments and the value of each instalment.
3. The penalties imposed on the purchaser in the event of ceasing to pay the instalments or delay in paying them.
4. The method of calculating the amounts due should the Consumer wish either to pay all the instalments in a single payment or to pay the remainder of them early.
5. The rights and obligations of the two contracting parties relating to ownership of the Commodity or Service and the rules governing its disposal during the instalment period.
6. Recording that the Consumer (the purchaser) has reviewed and accepted such additional particulars.

Chapter Thirteen – Rules on Commodities Whose Sale or Circulation Is Prohibited

Article 56

Taking into account the provisions of the laws, regulations and ministerial resolutions in force concerning the prohibition, prevention and restriction of the circulation of dangerous goods, the National Committee shall, in coordination with the competent authorities, issue a schedule of dangerous Commodities which Providers or sellers of Commodities are prohibited from selling to persons under eighteen years of age. The Competent Minister shall issue a resolution amending this schedule by deletion or addition whenever necessity so requires.

Chapter Fourteen – General Provisions

Article 57

The provisions of the regulations of the Cooperation Council for the Arab States of the Gulf approved by the State of Kuwait shall apply where their provisions conflict with the provisions of these Regulations.

Article 58

The provisions of the contract concluded between the producer and the Consumer shall apply in respect of matters for which no provision is made in these Regulations.

Article 59

Taking into account the provisions of the laws and regulations on the protection of competition and the prevention of monopoly, the Provider or service provider is prohibited from:
1. Discriminating between Consumers in the sale of the Commodity or the benefit from the Service in terms of price or quality.
2. Refusing to sell the Commodity or provide the Service whenever it is available and the request is made by the Consumer in accordance with customary practice.
3. Making commercial dealing in the Commodity conditional on purchasing a specific quantity of it or purchasing another Commodity or Service with it, or restricting the benefit from the Service by conditions which by their nature are unrelated to the Service in the original transaction.
4. Seeking to impose discriminatory conditions or payment terms or methods of sale or purchase on any of the parties with which he deals, whenever such conditions, terms or methods are not based on a reasonable justification or a corresponding service.

Article 60

Taking into account the provisions of Law No. 10 of 1979 on the Supervision of Trade in Commodities, Services and Crafts and its amendments, and Law No. 10 of 2007 on the Protection of Competition:
The Provider is prohibited from concealing, or acting by any means to conceal, any Commodity, or refusing to sell it, with the intent of controlling the market price, or from imposing the purchase of specific quantities or the purchase of another Commodity with it, or from charging a price higher than its price.

Article 61

Members of the National Committee and employees of its Technical Secretariat are prohibited from disclosing or divulging the information and data, and their sources, relating to cases concerning the application of the provisions of this Law, which are submitted or circulated during the examination of such cases and the taking of measures and issuing of decisions in respect of them.
None of such information and data or their sources may be used for purposes other than those for which they were submitted.

Article 62

Employees of the Committee are prohibited, for a period of two years from the date of leaving service, from undertaking any work for persons who were subject to examination or who are subject to it on that date.
This prohibition shall apply to employees of the Technical Secretariat during the period referred to in the preceding paragraph.

Annex No. (1)
Terms and Instructions Governing Free Prize “Coupon Draw” Promotions and Free Promotions and Instant Gifts “Scratch and Win”

Free Prize “Coupon Draw” Promotions

Terms and Instructions on Free Prize Promotions

1. The promotion shall be intended for the public and valid in the State of Kuwait.
2. Coupons shall be issued to participants in the promotion at a uniform value.
3. Prices shall not be increased during the promotion period, provided that the selling prices of the commodities, services or crafts shall be the same prices at which dealings were made with the public during a period of at least one month before the commencement of the promotion.
4. The promotion period shall not exceed three months at most from the date of commencement of the promotion, and the draw shall be held within a period not exceeding ten days after the end of the promotion. The Ministry may make an exception to the promotion period, provided that it does not exceed one year at most.
As for promotions set for a period of one year from their commencement date, the draw for them shall be held every three months or less, on a consecutive or successive basis over the prizes, and the date of the draw shall be set within a period not exceeding ten days from the date of expiry of the period specified in the promotion application submitted to the Ministry, provided that the prizes for both promotions shall be in accordance with Clause Four of the terms and instructions on the prizes offered for the promotion.
5. The promotion may not be extended, postponed or cancelled, nor may any other shop be added to the shops participating in it, after work on it has commenced and it has been advertised; the promotion period and the draw date set for it shall be adhered to.
The Ministry may make an exception to this as it deems appropriate, provided that the Ministry is notified by a letter stating the reasons for the extension, postponement or otherwise; in the event of approval, the licensee shall be required to announce this to the public through means of publication at the time.
6. Holders of the licences organising the promotion, marketers and distributors, the shops, establishments or companies participating in the promotion, shops engaged in the same commercial activity as that of the shop organising the promotion, all persons working for any of them and their spouses and relatives up to the second degree, and ministries and government institutions purchasing in their official capacity, may not participate in the promotion.
The Ministry may make an exception to this according to the nature of the promotion and as the Ministry deems appropriate; the prize shall also be withdrawn if it is proven that any of them obtained it in violation of this clause.
7. “Artistic, cultural and social activities, competitions and the like” in free promotions linked to the purchase of the commodities, crafts or services offered shall not be tied, as a condition, to obtaining the coupon, entering the draw and the chance of winning the prize; they may be optional and non-binding on the participants in the promotion as regards taking part in them, and they shall not be considered or acted upon during the draw.
8. The promotion shall not be indecent, contrary to religion or in conflict with the public interest.
9. A letter shall be addressed to the Ministry of Commerce and Industry (Consumer Protection Department) and to the Ministry of Interior (Public Relations Department) at most ten days before the date of the draw, stating the scheduled date and place of the draw, for the supervision of the draw of the prize coupons allocated to the promotion, and proof of receipt of those letters by those authorities shall be submitted to the Ministry at the time.
10. The Ministry shall be entitled to suspend the promotion and cancel the draw for the participating shop or shops and to exclude them from it before the end of the period specified for the promotion if it is proven to the Ministry that there has been manipulation in the distribution of coupons or sales invoices, and the violator shall not be permitted to organise or participate in subsequent promotions for a period of one year, and as the Ministry deems fit.
The promotion shall also be suspended for the organiser of the promotion if it introduces any addition, amendment or new activity that contravenes the nature of the licensed promotion in terms of its general content. The participant’s name shall be cancelled from the promotion and excluded from the draw list if it is proven that he obtained the promotion coupons by unlawful means, and the Ministry shall have the right to request invoices and documents from him to verify this, with the legal procedures being applied against the violating shop in accordance with Law No. 39/2014 on Consumer Protection and Ministerial Resolution No. 384/2014 on the Prohibition of the Promotion of or Advertising for any Commodity, or of Winning any Instant Prizes therefrom, by Means of Landline or Mobile Telephones, unless the nature of the commodity or service requires otherwise and the licence issued in this regard expressly permits it.
11. An approved, extendable bank guarantee equal to the total value of the prizes allocated to the promotion, valid for six months from the date of commencement of the promotion, shall be submitted to the Ministry, authorising the Ministry to dispose of it whenever necessary in the event that the prizes are not delivered to the winners within the period specified for that purpose; the licensee shall not be entitled to cancel it except by a letter from the Ministry to that effect.
12. For a promotion comprising a group of commercial shops engaged in different commercial activities, those shops shall be classified according to their activity and the prices of the commodities, crafts and services they offer to the public, provided that the method of issuing coupons to the participants for each category of those shops is determined as the Ministry deems appropriate.
13. Commitment to delivering the promotion coupons only to those participating in it, in accordance with the licensed method of the promotion, during the promotion period. Coupons may not, under any circumstances, be sold for any monetary amount; nor is it permitted to distribute the promotion coupons for other than the promotion allocated and licensed for them, or to persons other than the participants in the promotion.
14. Determining the number of coupons and their serial numbers allocated to the promotion and adhering to them in accordance with the application submitted to the Ministry; where there is a need to print more coupons, the Ministry shall be notified thereof in writing. If the company or establishment organises the promotion for a group of shops, it shall submit a detailed list of the names of the shops participating with it and the number of coupons issued to them, provided that the coupon numbers for each shop are specified separately in the list and approved by the participating shops in addition to the organiser of the promotion, for submission to the Ministry immediately after the end of the promotion.

Terms and Instructions on Advertisements for Free Promotions

1. The promotion shall not be commenced or advertised unless the draw box (boxes) is (are) available and accommodate the quantity of coupons printed.
2. Clearly stating the method of participation in the promotion and the prizes allocated to it, provided that the advertisement is placed in a prominent location in the main shop organising the promotion and in the shops participating with it before the commencement of the promotion, and that the advertisement conforms to the promotion and the prizes allocated to it in accordance with the application submitted to the Ministry.
3. Specifying the promotion period (its start and end), in addition to the deadline for placing coupons in the draw box and the promotion licence number.
4. Stating Clause Five of the terms and instructions on the promotion, as well as the statement to retain the draw coupon (customer copy) and the invoice for submission to the Ministry upon winning.
5. Clauses Nos. 1, 2 and 3 shall apply to all advertisements of the promotion inside and outside the shop.
6. The advertisement shall be free from deception and misleading content, shall be clear and easily understood by the public, and shall not contain any phrases or images that are indecent or contrary to religion, and the advertisement and the coupon shall be in the Arabic language.
7. Announcing the names of the winners in a visible location at the main premises of the shop organising the promotion and all the shops participating with it on the day following the Ministry’s approval of the lists of winners of the draw, and publishing them within two days thereafter in four local newspapers once, or in two newspapers on two consecutive occasions, stating that the principal winners shall not be entitled to claim the prize after one month has elapsed from the date of the draw. The principal winners shall also be contacted by telephone to inform them thereof, and the prize shall become the right of the reserve winners, who shall be entered at that time, after the lapse of the month set for the principal winners.

Terms and Instructions on Prizes Offered for Free Promotions

1. The value of the prizes in the invoices submitted to the Ministry and allocated to the promotion shall be genuine and shall correspond to their actual selling value to the public at the shop. If it becomes apparent to the Ministry that the material value of a prize issued and allocated to the promotion is less than the material value specified in the list submitted to the Ministry and the invoice attached to it, the holder of the promotion licence (“the organiser of the promotion”) shall be obliged to pay the difference in value making up the actual value of the prize; and the value of the prizes offered and advertised for the promotion shall be stated in its equivalent in the local currency.
2. In free promotions not conditional upon the purchase of commodities, crafts or services, the value of the first prize shall not be less than 250 Kuwaiti Dinars and that of the last prize not less than 50 Kuwaiti Dinars. The Ministry may make an exception to the value of the prizes according to the nature of the promotion and as it deems appropriate.
As for free promotions conditional upon the purchase of commodities, crafts or services, the first prize shall not be less than 600 Kuwaiti Dinars and the last prize not less than 75 Kuwaiti Dinars. In both promotions, the number of prizes in a single draw shall not exceed 50 prizes.
3. The prizes allocated to the promotion shall be either in cash or in kind, and it is not permitted to offer the commodity/service/craft covered by the discount as a prize in the promotion.
4. Travel tickets allocated as a prize shall have a validity period of not less than 6 months from the date of the Ministry’s approval of the draw list of participants in the promotion, shall be designated for persons aged 26 years and above, and shall be fully paid. Only tickets linked to an international event and limited to a specific period of time shall be exempted from the validity period, provided that both types of tickets shall be transferable from one person to another, subject to the winner’s written consent thereto. If the winner is unable to make use of the ticket, the company shall pay the winner a cash amount equal to the actual value of the prize.
5. For tickets linked to a specific event, the date of the draw shall be not less than one month before that event.
6. The free prize in kind allocated to the promotion shall be new and recent (produced within one year at most from the commencement of the promotion), unused and free from defects.
7. Commitment to delivering the prizes to the principal winners by a letter approved by the organiser of the promotion within a period not exceeding one month from the date of the Ministry’s approval of the draw list, after verifying the identity of the winners and the type of prizes allocated to them and their conformity with the terms and instructions of the promotion; the prize shall be delivered to the winner in person or to his legal representative after he endorses the letter, provided that those letters are returned to the Ministry, after being endorsed by the winners as acknowledgement of receipt of their prizes, together with the documents evidencing this, within a period not exceeding one month at most from the date of the Ministry’s approval of the draw list.
As for the reserve winners, they shall be entered, after the lapse of the month set for the principal winners, for the remaining prizes. The first reserve winner shall be given a period of 7 days only to receive the largest remaining prize and shall not be entitled to claim it thereafter; this shall apply to all reserve winners for the same period and on a successive basis.
The Ministry shall be entitled to claim all the prizes allocated to the promotion and to take such action regarding them as it deems appropriate, regardless of the period that has elapsed.
The organiser of the promotion shall contact the principal and reserve winners by telephone in accordance with the date set for that purpose, provided that a letter of undertaking is submitted to deliver all the prizes through it, and the Ministry shall have the right to accept or reject this.

Terms and Instructions on the Draw Coupon

All promotion coupons shall be of one colour and size, serially numbered beginning with the number -1-, and consisting of copies detailed as follows:
1. The first copy, the “customer coupon”, shall include the promotion period (its start and end)/the date and place of the draw/the method of participation in the promotion, and this copy shall be retained for submission to the Ministry together with the purchase invoice upon winning.
2. The second copy, the “box coupon”: on which the draw is made, and which shall contain the participant’s full name/telephone number/identity number/number and date of the purchase invoice/name of the participating shop/and the statement – “All particulars shall be filled in completely, otherwise the coupon shall be deemed void.”

Free Promotions and Instant Gifts “Scratch and Win”

Terms and Instructions on the Promotion

1. The promotion shall be valid for the public only, such that the promotion is not misleading and does not violate public morals or religion.
2. The promotion period shall not exceed 3 consecutive months for a single promotion, and the Ministry shall have the right to exempt international promotions. The promotion may be extended after it has commenced and been advertised, once only, provided that a letter to that effect is submitted to obtain the Ministry’s approval thereof.
The extension shall be announced to the public at the time by any means of advertising, and it is not permitted to introduce any new addition to the promotion.
The promotion may be cancelled for a shop that, for force majeure reasons acceptable to the Ministry, is compelled to stop continuing the promotion, provided that this is announced to the public at the time.
3. Commitment to offering the commodity, craft or service covered by the promotion on an equal basis, and the gifts shall be distributed equally among the participants.
4. Commitment to the place/location of the promotion in accordance with the application and the licence granted for the promotion.
5. Commitment to delivering the gifts or instant free prizes to the participants in the promotion in accordance with the application and the licence granted for the promotion.
6. The number of instant free prizes shall be commensurate with the number expected to be sold in the promotion.
7. The number of free prizes in a single promotion shall not be less than 25% until the end of the promotion period, provided that those coupons, in addition to the “Scratch and Win” coupons, are printed on paper weighing at least (300 grams – paper), covered with lamination or glossy varnish, under the supervision of the Ministry represented by an inspector from the Consumer Protection Department, provided that the application is submitted fifteen working days before the commencement of the promotion. The promotion period, the deadline for receiving the gift and the promotion licence number shall also be added to those coupons.
The promotion coupons shall also be made available to the public at the shop and the participating shops (according to the promotion locations stated in the licence granted), and the serial number may not be placed on the coupons until after they have been covered and approved by the Ministry, together with placing the phrase “Scratch and Win”.
As for coupons printed outside the State of Kuwait, a detailed list shall be submitted stating their number, their detailed specifications, the prizes they include and their cash value, and explaining how they were printed and covered and the mechanism of their mixing if random; otherwise, the Ministry shall have the right to inspect and supervise their mixing itself after verifying their conformity with the list submitted in respect of them, provided that a detailed list of the number and names of the winners is submitted to the Ministry immediately after the end of the promotion, together with the remaining coupons not issued during the promotion, for the Ministry to inspect and verify them, confirm that the remaining prizes are printed on them, and subsequently destroy them as it deems appropriate.
8. The coupons shall be received by the company two days before the commencement of the promotion.
9. The validity of the coupon shall not be less than ten days from the date of the end of the promotion.
10. The organising or participating party shall not be entitled to sell those (coupons/cards) for any monetary amount, provided that those (coupons/cards) are given free of charge with the commodity, service or craft offered in the promotion.
11. If the quantity of gifts allocated to the promotion runs out, the company shall provide gifts of a value equal to the depleted gifts, or replace them with the value of the gift offered, or submit a letter cancelling the licence granted to it.
12. Upon the expiry of the promotion period, the company/establishment shall withdraw all products related to the promotion.
13. The free gift or prize allocated to the promotion shall be in cash, or in kind that is new and recent (produced within one year at most from the commencement of the promotion), unused and free from defects, provided that its actual material value is genuine and corresponds to its actual selling value to the public at the shop.
14. The value of the gifts or prizes offered shall be stated in its equivalent in the local currency.
15. The commodity, craft or service offered that is covered by the discount is not permitted to be offered as a gift or an instant free prize.
16. The selling prices of commodities, crafts or services may not be increased during the promotion period, provided that their prices shall be the lowest prices at which dealings were made with the public during a period of at least one month preceding the commencement of the promotion.
17. The Ministry may request an approved, extendable bank guarantee equal to the total value of the prizes allocated to the promotion, authorising the Ministry to dispose of it whenever necessary in the event that the prizes are not delivered to the winners within the period specified for that purpose, and the licensee shall not be entitled to cancel it except by a letter from the Ministry to that effect.

Terms and Instructions on Advertising

1. Stating the method of participation in the promotion to obtain the gifts or instant free prizes, provided that the advertisement is placed in a prominent location inside the shop, and specifying, by any means of advertising, the promotion period (its start – and end) and the promotion licence number.
2. Specifying the number of gifts and prizes allocated to the promotion.
3. The organising or participating party in the promotion shall not be entitled to place the phrase “while stocks last”, and shall adhere to the promotion period permitted to it.

Issued on 13 January 2015 and published in the Official Gazette Kuwait Al-Youm on 25 January 2015.