Yousaf Amanat & Associates

What are the 26th Constitutional Amendments and what they mean for investors and multinationals working in Pakistan, absolutely nothing!! Well not directly that is.

On December 14th, 2022, Pakistan passed perhaps its most useful and important law regarding foreign investment so far.

On 24th April, 2024 the Government of Pakistan promulgated the National Cyber Crime Investigation Agency (Establishment, Powers and Functions) Rules 2024.

One of the requirements of The Financial Action Task Force (FATF) have been fulfilled recently in Pakistan with the creation of a separate central entity to coordinate and implement regulations on anti-money laundering, countering of financing of terrorism and targeted financial sanctions.

The Computer Emergency Response Team Rules have been promulgated under the sections 51 and 49 of the PECA.

The Firm is presently representing Wetherford Drilling International an international oil and gas services company on a complex question of law before the Islamabad High Court.

Yousaf Amanat & Associates recently completed a huge research project for the World Bank Group.

On March 31st 2023 the upper house of the Parliament of Pakistan passed one of its most important legislatures. The Supreme Court (Practice and Procedure) Bill 2023 was passed unanimously by the Senate after having been passed by the National Assembly a day earlier.

On December 14th, 2022, Pakistan passed perhaps its most useful and important law regarding foreign investment so far.

On December 9th, 2022, the Supreme court of Pakistan declared an Agreement signed between the Government of Pakistan, Barrick Gold and Antofagasta PLC as legally binding. And I just cannot believe that I lived to see this day.

The Firm recently advised AI based software EASOP on income tax regime for Pakistan.

The Firm recently advised the Berlin based international food delivery giant Hero Delivery and their subsidiary in Pakistan Food Panda. The work involved advising Hero Delivery and Food Panda on any liabilities or risk that the companies may encounter in the future while operating through freelancers as opposed to employees.

The Firm recently advised Apple on Data Protection Law.

The Firm recently advised Nokia Phones on the change in regulations in Pakistan on manufacture of cellphones.

The Firm recently advised Apple on Data Protection Law. The advice was provided in conjunction with the Law Firm Herbert Smith Freehills. Pakistan at present does not have a specific Data Protection Law however the law in Pakistan which provides against cyber-crime Prevention of Electronic Crimes Act 2016 also to a large extent caters to Data Protection. The Firm has been providing advise on Data Protection Laws recently. We have seen an uptake on advice on Data Protection Law particularly in conjunction with Covid-19 regulations. The Firm was recently also instructed by Herbert Smith Freehills to provide advise to Bloomberg on Covid-19 regulations with regard to workplace and employees.

1. THE LAW 1.1. Key legislation and regulations In the main Employment Law or Labour Law as it is more commonly referred to in Pakistan is applicable to lower cadre employees who may be skilled or unskilled. Examples of lower cadre unskilled workers are drivers, gardeners whereas skilled lower cadre employees can be technicians, clerks, bank tellers, receptionist. Such lower cadre employees whether skilled or unskilled are referred to as “Workmen”. All other employees may simply put be not Workmen. The reason behind categorising an employee as a workman or as a non-workman is the simple fact that the Labour Law will only be applicable to a Workman. Thus if an employee is not a workman he will not be able to seek the protection accorded to a Workman under Labour Law and will also not be able to seek the assistance of courts for the enforcement of the labour rights.

The Firm is advising the USD 1.42 Billion Karot Power Project on Employment and Labour Law. The advice also includes reviewing the guidelines of IFC and ILO on Labour. Formation of Trade Unions. Application of various Labour Laws on the operations of the Project.

The Firm recently advised the social media video platform giant Daily Motion on the applicability of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules, 2021. The Firm also advised Daily Motion on the applicability of Data Protection Law to its operations in Pakistan.