New Judges’ Panel to Reinforce Travel Bans on Indebted Expats
TDT | Manama
Email: mail@newsofbahrain.com
A one-member proposal to set up a panel of judges to review travel bans on deported expats—meant to stop debtors from dodging repayments—has been approved by Parliament’s Legislative and Legal Affairs Committee and will be up for discussion next Tuesday.
The proposed change, introduced by MP Dr Maryam Al Dhaen, seeks to update Article 40 of the Execution Law in Civil and Commercial Matters, issued under Decree No. 22 of 2021. If passed, it would bring in a panel of three judges to look into travel bans placed on deported expats, weighing each case on its own facts.
Al Dhaen told The Daily Tribune that the plan aims to close gaps in the law that some use to sidestep their debts. ‘This panel will bring fair treatment, giving real protection to creditors and cutting down on the risk of the law being misused,’ she said, adding that similar steps have been taken in other Gulf countries.
Right now, Article 40 allows an execution judge to place a travel ban if there’s a risk a debtor may leave the country to avoid paying, as long as there are not enough visible assets to cover the debt. This restriction can last up to three months and may be extended twice, to a maximum of nine months. The current law does not block deportation orders or stop officials from ending an expat’s stay in Bahrain. Although an appeal can be filed within seven days of being notified, this does not lift the travel ban during review.
Drawing on the approach in the UAE, where deported debtors must clear their dues before leaving, Bahrain’s proposal is aimed at shielding creditors by reducing the chance of foreign debtors leaving without paying.
Under the new plan, judges would be chosen by the Minister of Justice, with approval from the Supreme Judicial Council. They would decide if travel bans linked to deportation orders are fair, weighing personal rights against the public good, especially as cases of unpaid debts involving expats have risen.
Al Dhaen’s proposal seeks to give creditors greater security by making travel bans firmer, giving those owed money a better chance to recover it, even when a deportation order is active. Those affected by the committee’s rulings would have the right to appeal to the High Court within seven days, ensuring openness and fairness.
Supporting papers cite Bahrain’s Constitution, which upholds the right to fair trials, and stress the need to balance the public good with creditors’ rights by looking at travel bans one case at a time.
This proposal follows an earlier step in April when Parliament passed a law that requires expat workers to show proof of no unpaid debts before leaving Bahrain. Together, these moves show Bahrain’s steady efforts to protect creditors and make sure debts are paid.
The Ministry of Justice has acknowledged the proposal for a new clause to Article 40 but held back from offering an official view until it completes a full review. In a letter to Parliament, Justice Minister HE Nawaf bin Mohammed Al Maawda expressed respect for the legislative process, making it clear that the government would reach its stance only after a thorough assessment. The Ministry commended Parliament’s role, reaffirming its approach to working together to ensure any changes to the law align with Bahrain’s broader public interests.
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