In 2005, Law No (19) of 2005 on The Organisation of the Practice of Engineering Professions (the "Engineering Law") was enacted, amending the previous Law (11) of 2001 Relating to the Organisation of the Engineering Profession (the "2001 Engineering Law"). The Engineering Law remains unamended to date, save for Cabinet of Ministers Decisions No.s 49 and 50 which deal with the identity and remuneration of the Committee described below.

Previously, the 2001 Engineering Law greatly restricted the activity of non-Qatari engineers.  The general premise of the 2001 Engineering Law was that non-Qatari engineers and engineering offices owned by non-Qataris were required to appoint on their behalf Qatari engineers licensed to practice to deal with their then current projects.  The law required that Qatari engineers, GCC Engineers, as well as Qatari and GCC owned engineering businesses,  register within six months of the 2001 Engineering Law entering force.  Non-Qatari (and non-GCC) engineers were required to dissolve their practices unless an exemption was provided.

The Engineering Law amended the 2001 Engineering Law removing some of the requirements of the previous law but maintaining strict regulations of the profession. Further, executive regulations to the Engineering Law ("the "Regulations") were issued by the Urban Planning and Development Authority ("UPDA") setting out the detailed requirements for registration.

Article 1 of the Engineering Law defines the "Engineering Profession" as:

"The engineering activities practiced by those qualified in the divisions and branches of the specialisations of architectural, civil, electrical, mechanical, and chemical engineering, mines and mining and the various other fields of engineering.

The Engineering Law also establishes a Committee for the Enrolment of Engineers and Engineer Consultancy Offices (the "Committee"): Article 2.

Article 4 creates three Registers, being:

  1. The Register of Engineers
  2. The Register of Local Engineering Consultancy Offices (the "Local Register"); and
  3. The Register of the International Engineering Consultancy Offices (the International Register").

All individual engineers are required to be registered on the Register of Engineers.  Engineering Offices must either register in the Local Register or International Register.
 

The Register of Engineers

All engineers (whether Qatari or non-Qatari) must be enrolled in The Register of Engineers.  To do so the applicant must:

  1. Be a Qatari national or a resident in the State of Qatar;
  2. Hold a Bachelor of Engineering or equivalent degree from a recognised university or institution;
  3. Have full capacity;
  4. To be of good reputation and character, and not have been convicted of a crime or punished with imprisonment for crimes relating to morals or honesty; and
  5. Pass the technical skills tests in accordance with the Regulations issued by the Board on the recommendations of the Committee.

The Register of Local Engineering Consultancy Offices

To be registered in the Local Register an applicant must comply with the following:
 

  1. Be of Qatari nationality*;
  2. The individual engineers working for the office must be entered in the Engineers Register and have the experience as determined by the Regulations; and
  3. The office must designate one engineer, or more, as executive engineers to be responsible for supervision of the regulations and conditions established under the Regulations.

Thus, both Article 6 and the Regulations relax the Qatari nationality requirement above where the applicant is a company.  Provided the applicant is a Qatari entity and Qatari participation is not less than 51% a company may be entered in the Local Register.  The non-Qatari partners must however be engineers registered on the Engineers Register.

The Register of International Engineer Consultancy Offices

To be eligible for registration on the International Register an Applicant must:

  1. Be a branch of a main office licensed to practice the engineering profession in the foreign state in which the licence is issued.  A minimum of ten (10) years must have elapsed since the issuance of the licence for the parent office during which time the parent has been continually licensed and practicing in the engineering profession;
  2. The branch must obtain an undertaking from the foreign parent, properly authenticated and legalised, to the effect of guaranteeing support to the branch and accepting all liabilities arising from the practice of the engineering profession in Qatar by the branch.  The parent must establish through official documents its memorandum of incorporation, the articles of association, its activity, financial stability and evidence of its works performed outside the State.
  3. The executive engineer appointed by the branch must be entered in the Engineers Register and must hold qualifications from a recognised university or institution indicating their specialisation and their practical experience must not be less than ten (10) years.  Other engineers working in the branch shall meet the conditions determined by the Regulations.

While such exemptions are fairly rare, and subject to approval by the Board, Applicants should also note Article 9 of the Engineering Law which provides that the Board may permit not-Qatari natural persons or legal entities to practice in the engineering profession where they hold unique technical specialisations which are not available in Qatar or which are required for the development of experience and techniques in the State.

The Engineering Law and Regulations, often referred to as the regularisation of the engineering profession in Qatar, have through their implementation and practice, protected the local profession. Engineers or engineer offices cannot practice without being on a Register unless exempted. The process for registration on the International Register is lengthy and the documentation required is substantial – that is not to say that it cannot be achieved.  Depending on time constraints, joint venturing with a Qatari engineer partner through a 51/49% limited liability company is often an easier option to obtain licensing. 

Notwithstanding the above, all applicants should carefully consider the requirements of licensing in the State of Qatar under the Engineering Law and allow a long lead in time for licensing approval.  The requirements vary for specialisations and categories and failure to comply can lead to significant delays in the application process.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.