A proposal to extend travel bans on debtors from nine months to as long as three years will come under scrutiny as the Shura Council debates amendments aimed at preventing defaulters from leaving Bahrain to evade court-ordered payments.
The debate, scheduled for the council’s final session of the term tomorrow, follows a detailed review by the Shura Council’s legislative and legal affairs committee of amendments to Decree-Law No 22 of 2021 on Execution in Civil and Commercial Matters – specifically Article 40 governing travel bans during enforcement proceedings.
The amendment, originating from proposals by Parliament and later redrafted in co-ordination with the government, raises the maximum cumulative period of a court-imposed travel ban from nine months to three years, subject to judicial review and renewal every three months where justified.
Justice, Islamic Affairs and Endowments Minister Nawaf Al Maawda told the committee the revised timeframe gives enforcement judges and private executors sufficient opportunity to verify whether a debtor has attachable assets.
“The three-year ceiling is not automatic. It is tied to continuing judicial assessment to determine whether assets exist that can satisfy the debt under execution,” he said.
Under the revised text approved by MPs last month, a travel ban may be issued if there are credible fears that the debtor may flee the country to avoid enforcement and if visible assets are insufficient to cover the debt.
The order is issued for three months at a time and may be renewed up to a maximum of three years without fees, provided the reasons for the ban persist.
Crucially, the amendment preserves the government’s authority in immigration matters. The text explicitly states that a travel ban does not prevent the execution of a final deportation order, nor does it restrict the administration’s power to terminate a foreign resident’s permit or order departure under the law.
Committee chairwoman Dalal Al Zayed said this balance was central to the unanimous approval recommendation.
“The final wording adopted by the elected chamber addressed key constitutional concerns by maintaining the executive authority’s powers while strengthening judicial tools to protect creditors’ rights,” she said.
The amendment also establishes clear appeal safeguards. A debtor may challenge the travel ban before the enforcement judge within seven days of notification, and may further appeal the judge’s decision within seven days.
The court’s ruling is final, and the travel ban remains in force during the appeal process.
The committee reviewed two separate draft bills amending the same article and, in line with parliamentary procedure, supported the elected chamber’s decision to merge them into a single text to preserve legislative consistency.
Ms Al Zayed said the committee found the revised draft to be constitutionally sound and aligned with principles of equality before the law.
“The provision is general in nature and does not discriminate between citizens and non-citizens. It is based on objective criteria linked to the enforcement process and surrounded by judicial guarantees,” she said.
A further amendment adds a new paragraph to Article 58 of the law, requiring enforcement judges to refer cases of deliberate non-disclosure of assets to investigative authorities upon request by the creditor, after verifying the legal conditions for such referral.
The law, if approved, will come into effect six months after publication in the Official Gazette following His Majesty King Hamad’s ratification.
mohammed@gdnmedia.bh
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