- Government integration in tracking funds... and banks and exchange companies are obligated to report "embezzlement" if they suspect deposits

- Holders of Article (18) residency permits are entitled to own up to 49 percent in existing companies, not institutions

- No penalty for those who conceal commercial activity before 6 months, specifically until the issuance of the executive regulations

. - It is not permissible to engage in any additional economic activity unless the person has a license for it.

- Settlement does not prevent the administrative deportation of the violator, and the deportation measure may be taken if the interest so requires.

- Penalties include any suspended activity such as transporting goods or unlicensed activity such as “Forex”

. - A resident practicing an activity prohibited for non-Kuwaitis or a job that exceeds his powers is commercial concealment.

- Penalties include the actual person in charge or the company manager if he “turns a blind eye” to the existence of “inclusion”.

- Subleasing trademarks, licenses, or records constitutes circumventing the actual beneficiary. As soon as the discussion began about issuing Law (No. 78 of 2026) regarding combating commercial concealment, and even before its decree was published in the Official Gazette yesterday, a wide wave of questions began that did not subside in the rush among all segments of society, to the extent that specialists and legal professionals could not keep up with covering them completely.

The issue has become a generator of increasingly simple questions, given that the circle of those concerned with commercial "concealment," or what everyone has come to call "inclusion," includes the majority, the largest part of whom are women and the elderly. It has thus become the main topic of conversation in social gatherings, family and friends' meetings, and workplaces.

Al-Rai newspaper, for its part, prepared a kind of "revealing" guide to "commercial concealment," including the 40 most frequently asked questions in this area, and directed them to the Acting Undersecretary of the Ministry of Commerce and Industry, Marwa Al-Jaidan, to obtain all the details in this regard officially and clearly. The questions are as follows:

1- Why was a law issued to combat commercial concealment or "inclusion"?

It was issued to address the phenomenon of conducting economic activities without obtaining the necessary licenses and to regulate the economic activity environment. This contributes to combating practices that disrupt market stability and organization, thereby enhancing transparency, fairness, and equal opportunities, protecting the economic environment and legitimate competition, and strengthening the state's ability to monitor, regulate, and collect revenue.

2. What is meant by commercial concealment?

It is enabling any person to engage in economic activity in violation of the provisions of the decree-law, whether directly, indirectly, or by any other means.

3. Who is the "concealer"?

It is the person who enables another to engage in economic activity in violation of the provisions of the decree-law, whether directly, indirectly, or by any other means, including allowing them to use the trade name, license, or other means.

4. Who is the "concealed party"?

The person who is enabled to practice economic activity in violation of the provisions of the decree-law, and therefore the criminalization of concealment is not limited to the operations of inclusion that may arise in secret between a Kuwaiti and a resident, as this includes any invisible relationship that arises between any two parties, which leads to concealing the actual beneficiary of the entity, even if this is achieved between a Kuwaiti and a Kuwaiti, even if it is between members of the same household and relatives, as happens between sons, mothers and fathers when the requirements of work or age of one of the family members do not allow him to issue a commercial license, where it is agreed to issue the license in the name of the mother or father or brother while he is not the actual manager of the business or the actual beneficiary of the returns.

5. Does the law apply only to individuals?

No. The term "person" in this context includes both natural and legal persons, such as companies. This encompasses all commercial licenses registered with the Ministry of Commerce and Industry, which number approximately 139,776.

6. I have a commercial license that I lease to someone not registered on the license, in exchange for an annual or monthly payment. Do the prohibitions and penalties for "incorporation" apply to me?

This relationship falls under the prohibitions of the law, and this contract confirms the existence of "incorporation" and the circumvention of ownership for the benefit of an unregistered beneficiary.

7. If I have a registered trademark, am I entitled to lease it to another person for a fee? Or is this considered "incorporation"?

This is called "incorporation" and is subject to the penalties of the Commercial Concealment Law. The scope of this law includes all means by which concealment can occur, including allowing the use of a trade name, license, commercial registration, or any other means that enables a person to conduct economic activity in violation of the law.

8. If a resident engages in an unlicensed activity or performs work or a job that is prohibited for non-Kuwaitis, is this considered a violation?

Yes. This is considered commercial concealment, as the law prohibits residents from engaging in activities they are not permitted to perform. Examples of such prohibited activities include jobs within the Civil Aviation Authority and specific jobs within the Ministry of Information. The prohibition also applies to Kuwaitis engaging in unlicensed work.

9. Is engaging in an activity suspended by the state, such as transporting goods, permitted or prohibited?

It is prohibited to engage in any activity suspended by the state unless the person performing it holds a valid license prior to the suspension. It is also prohibited to engage in any activity not licensed by the state, especially in cases of trading in securities, mining, stocks, currencies, the global forex market, and other currency trading activities.

10. Given the complexities of financial tracking, how will regulatory authorities be able to detect inaccurate data?

Within the framework of enhancing the system's effectiveness and improving the transparency of information from legal entities, integration has been established with entities capable of detecting inaccurate key data. This integration involves adopting a notification model that obligates regulatory and law enforcement bodies, including the Ministry of Interior, the Public Prosecution, the Financial Intelligence Unit, banks, exchange companies, electronic payment service providers, electronic signature service providers, investment companies, insurance companies, and others, to notify the Ministry of Commerce and Industry if inaccurate data is discovered or if there is suspicion that the beneficial owner information of the company is false. Notification is submitted through the Commercial Registry portal (ereg.moci.gov.kw), and the notification form must be completed along with any available supporting information to enable the Ministry to review the file and take the necessary legal action.