In commercial cases in Oman, a creditor may ask the Court of Investment and Commerce to impose a travel ban on the debtor, preventing them from leaving the Sultanate, at any stage of the proceedings. The conditions are that there are serious grounds to fear the debtor will flee, that the right claimed is known, due and unconditional, that it is worth at least OMR 500, and that the claimant provides a guarantee acceptable to the court. The court may also order the defendant's passport to be deposited with it and the ban to be circulated to all exit points.
This article explains the conditions and procedure for a travel ban request as set out in the unified procedural guide to litigation before the Court of Investment and Commerce issued by the Supreme Judicial Council, what a request needs in order to succeed, and what a debtor can do if a ban is issued against them.
When is a travel ban request useful?
A travel ban is a protective measure that stops the creditor's right being lost because the debtor leaves the country before the case is decided or the judgment enforced. Creditors typically use it in situations such as:
- An expatriate partner or manager owes the company money and there are signs they are ending their residence or winding up their business.
- A customer or supplier has stopped paying and has started moving funds or selling assets.
- A personal guarantor of a commercial debt may leave before judgment.
A travel ban remains an exceptional measure that restricts a person's freedom of movement, so the law attaches strict conditions to it; simply claiming an amount is not enough.
Conditions for a travel ban on a debtor
According to the guide, the court may, at any stage of the proceedings and at the claimant's request, order the defendant not to travel if all of the following conditions are met:
- A pending claim: the claimant makes the request in a case that is already before the court, at whatever stage it has reached.
- Serious grounds to fear the defendant will flee: it is not enough that the debtor is a foreign national or travels often; there must be evidence making the risk of departure without payment likely.
- A known right: one whose amount is determined.
- Due for payment: its due date has passed.
- Unconditional: its entitlement does not depend on something that has not yet happened.
- A value of at least OMR 500.
The guarantee: a condition for the order
For the order to be issued, the claimant must provide a guarantee acceptable to the court covering any loss or damage the defendant suffers from the travel ban if the claimant proves not to be entitled to the claim. An unjustified ban can expose the person who requested it to liability, which is another reason to make the request only on solid grounds.
Summary inquiry
Before issuing the order, the court may conduct a summary inquiry if the supporting documents are not sufficient. So make sure your documents are enough on their own to prove the right and the risk of flight, so that the request is not delayed.
What happens when the order is issued?
- The defendant is prevented from travelling outside the Sultanate.
- The court may order the defendant's passport to be deposited with the court.
- The travel ban order is circulated to all exit points.
How to file a travel ban request
The request is filed online through the Court of Investment and Commerce platform on the approved form (Form 13 in the guide), which includes:
- Request details: the court to which the request is submitted and the date of submission.
- Applicant's details: full name and tribe, nationality, ID card or residence card, occupation, full address, phone numbers and email.
- Legal representative's details, if any, and their capacity.
- Details of the person to be banned from travel: name, nationality, ID or residence card number, address and contact details.
- Facts and grounds of the request: the origin, amount and due date of the debt, and the facts showing the risk of flight.
- Requests: such as the travel ban, deposit of the passport and circulation of the order to exit points.
- Attachments: supporting documents, and the signature of the applicant or their representative.
Documents that strengthen your request
- The contract, invoices, cheques or account statement proving the debt, its amount and that it is due.
- Previous demands and notices, and evidence that the debtor has refused to pay.
- Evidence of the risk of departure: notice of ending residence or employment, sale of assets, closure of the business, or written statements.
- A certified Arabic translation of any document in another language.
A travel ban as part of a wider recovery plan
A travel ban does not pay the debt by itself; it preserves the chance of recovering it. It is therefore best used as part of a complete plan that includes filing the main claim quickly, seeking appropriate protective measures over the debtor's assets, and enforcing the judgment once issued. At the enforcement stage, the enforcement judge may order the detention of a debtor who refuses to pay; the court's fee schedule includes a fee for a grievance against a detention order issued by the enforcement judge. See the full process in our practical guide to debt collection in Oman.
If a travel ban has been issued against you
If you are the defendant, do not ignore the order. Review the options available in your case with your lawyer, including:
- Challenging whether the conditions are met, for example because the debt is not yet due, its amount is disputed, it is conditional, or the grounds for fearing flight are not serious.
- Offering security or a settlement with the creditor that allows the ban to be lifted.
- Paying the amount claimed if it is due, then asking for the ban to be lifted.
- Claiming compensation from the guarantee provided if the claimant proves not to be entitled to the claim.
How our office can help
Dr. Abdullah Al Rashdi Office, Advocates and Legal Consultants, assesses whether the conditions for a ban are met before the request is made, prepares the request and its documents as part of a debt collection claim, represents clients before the Court of Investment and Commerce, and then follows up enforcement of the judgment. We also defend respondents against unjustified travel ban requests.
Contact us on WhatsApp, call +968 92000841, or visit our office at Bait Al Hamad, third floor, Al Khuwair, Muscat, near Takaful Oman Insurance and Bank Muscat, opposite the Ministries area.
Frequently asked questions
What is the minimum amount for a travel ban on a debtor?
A ban may not be requested if the right claimed is worth less than OMR 500, and the other conditions must also be met.
Can a travel ban be requested before filing a claim?
According to the guide, the claimant makes the request at any stage of the proceedings, meaning in a pending case, so the request is usually filed with the statement of claim or immediately after it.
Is it enough that the debtor is a foreigner?
No. There must be serious grounds to fear they will flee, the right must be known, due and unconditional, and the claimant must provide a guarantee acceptable to the court.
What is the creditor's guarantee for?
It secures compensation for the defendant for any loss or damage caused by the travel ban if the claimant proves not to be entitled to the claim.
This article is general information based on the unified procedural guide to litigation before the Court of Investment and Commerce. It does not replace the legislation in force and is not legal advice on a particular case. We recommend discussing your facts with a lawyer before making or responding to a request.