April 26, 2025

Kuwait records more than 7,000 travel ban transactions

The Execution General Department at the Ministry of Justice processed 1,020,906 transactions in January, including travel bans, vehicle seizures, and the confiscation of debtors’ assets held by third parties. These transactions generated a total of KD 784,464 in fees. According to statistics obtained by the newspaper, the highest number of transactions was related to the executive seizure of debtors’ assets held by third parties, accounting for 571,251 transactions, or 56% of the total. Meanwhile, opening a modification file had the lowest percentage at 0.01%.

As for regional performance, the Capital branch carried out the highest number of transactions, representing 30.7%, followed by Ahmadi at 20.5%, Farwaniya at 16.6%, Hawally at 13.5%, Mubarak Al-Kabeer at 9.6%, and Jahra at 8.9%. The Ports-Sulaibiya-Lawyers Association branches combined for 0.2%. The Travel Ban Section processed 7,193 transactions, with the highest number being the removal of travel bans (2,709 or 37.7% of the total).

Fee collection forms and receipts represented the smallest portion of transactions, each accounting for just 0.03%. The Capital branch recorded the highest percentage of travel ban transactions at 49.4%, followed by Ports-Sulaibiya-Lawyers Association branches at 30.1%, Farwaniya at 6.0%, Ahmadi at 5.0%, Hawally at 4.5%, Jahra at 3.5%, and Mubarak Al-Kabeer at 1.5%.

In the Rental Department, 13,807 transactions took place. The highest number of transactions were fee collection receipts, totaling 5,452 or 39.5%. The least frequent transaction was the receipt for a warning or judgment, accounting for only 0.01%. The Capital branch led with the highest number of rental transactions at 54.6%, followed by Farwaniya at 14.2%, Hawally at 14.1%, Ahmadi at 11.1%, Jahra at 3.6%, and Mubarak Al-Kabeer at 2.4%.

On the other hand, lawyers believe that the proposed amendments to the Civil and Commercial Procedures Law could help restore the rights of affected individuals. They welcomed this step, describing it as “essential” to address the growing issue of fraud cases and the loss of rights.

Attorney Enaam Haider stated that the amendments have reinstated arrest and summons orders, particularly for solvent debtors who refuse to pay their debts, provided their solvency is not based on assets that are exempt from seizure. The law also exempts certain individuals, such as patients who cannot withstand imprisonment, pregnant women, and those with limited legal capacity, from these measures. Additionally, the law allows debtors to pay in installments according to their financial capacity, with installment agreements canceled if payments are missed. It also establishes a maximum imprisonment term, separates prison sentences for criminal offenses, and allows debtors to settle debts while incarcerated.

Attorney Jarrah Mubarak Al-Wawan highlighted that the amendments focus on improving procedures for reporting debtors’ debts, addressing shortcomings in banking institutions regarding the seizure of funds or credit balances added to debtors’ bank accounts. It also speeds up enforcement procedures to prevent debtors from hiding their funds. The law aims to combat misuse of temporary enforcement suspensions by immediately removing the suspension once the dispute is dismissed. This ensures that judicial rulings are enforced and prevents delays caused by temporary disputes. The law also raises the fines for such disputes to between KD 50 and KD 300.

Al-Wawan emphasized that the reinstatement of arrest warrants is crucial for protecting the national economy by preventing obstruction of debt collection methods and reducing the rate of bad debts. This would improve the investment climate, enhance confidence in the rule of law, combat debt evasion, and strike a balance between creditors’ rights and debtors’ obligations, while addressing fraudulent financial misrepresentation. He concluded that implementing the law would modernize Kuwaiti laws in line with international best practices, ensuring a fair legal environment that considers both legal and social factors.

Attorney Abdul Mohsen Al-Qattan added that the abolition of arrest warrants previously created significant issues, allowing debtors to evade payment and making it difficult to enforce court rulings, rendering them ineffective. He criticized the prior decision, stating it caused huge losses for businesses and property owners and harmed many citizens and expatriates, including divorcees. He noted that during this period, most debtors did not pay until new decisions were made.

It is worth mentioning that arrest, detention, and imprisonment are considered pressure tools for debt payment. A travel ban alone is seen as insufficient and ineffective, as many individuals wanted by law are not concerned about the ban. The removal of arrest and detention measures previously led to increased tax evasion and hindered payment enforcement, resulting in bad debts for many companies due to intentional non-payment by individuals evading the law.