Kuwait - Cabinet approves draft amendments to the Public Tenders Law (Law No. 49 of 2016)

In brief 

On Wednesday, 9 September 2026, the Kuwaiti Council of Ministers, meeting under the chairmanship of the Deputy Prime Minister and Minister of Interior, Sheikh Fahad Yousef Saud Al-Sabah, approved a draft Amiri Decree-Law amending certain provisions of Law No. 49 of 2016 on Public Tenders (the "Tenders Law"). According to the official Cabinet readout, the stated purpose of the amendments is to simplify procurement procedures, address practical/field-level obstacles encountered in the application of the law, and ensure that public tenders are executed with greater efficiency, flexibility, speed and transparency. 

The draft decree-law has been referred to His Highness the Amir, Sheikh Mishal Al-Ahmad Al-Jaber Al-Sabah, for ratification. It has not yet been published in the Official Gazette (Kuwait Al-Yawm) and is therefore not yet in force.

In detail 

Local media (Al-Qabas, 9 September 2026) reporting on the anticipated content of the amendments has highlighted the following as one of the most significant changes:

• A prohibition on the use of a local agent or a commission-based agent ("وكيل محلي" / "وكيل بالعمولة") in government contracting procedures conducted under the Tenders Law, subject to controls to be determined by the Council of Ministers.

This reported change would be consistent with the broader direction of recent Kuwaiti legislative reform, including Law No. 1 of 2024, which removed the mandatory local commercial agent requirement for foreign companies wishing to establish a branch and conduct business, including bidding, in Kuwait, and would extend a similar principle specifically to the public procurement/tenders space.

The full, official text of the amended articles has not yet been published. We are monitoring developments and will issue a detailed follow-up alert analyzing the specific amended provisions once the decree-law is ratified by His Highness the Amir and published in the Official Gazette.

Why this matters 

• Entities that currently participate in Kuwaiti government tenders through a local commercial agent, sponsor, or commission-based intermediary should monitor this development closely, given its potential impact on existing agency/commission arrangements tied to public-sector contracts.
• Foreign investors and multinational groups bidding, directly or indirectly, on Kuwaiti public tenders may need to reassess their contracting and market-entry models (e.g., direct bidding vs. branch presence vs. local agency) once the final provisions and implementing controls are published.
• Government suppliers relying on local agents for tenders in regulated sectors (e.g., pharmaceuticals, medical equipment, defense-related procurement) should assess the potential effect on commission structures and total contract cost once the Council of Ministers issues the related controls.

Status and next steps

The amendments remain a draft decree-law pending ratification by His Highness the Amir. Once ratified and officially published, the amended Tenders Law will take effect in accordance with its provisions (typically from the date of publication, unless otherwise specified). 

We recommend that clients bidding on, or currently party to, Kuwaiti government tenders through a local agent or commission-based arrangement begin a preliminary review of their current structures, pending the release of the official text and implementing controls.

Sources: Kuwait Council of Ministers weekly meeting readout, 9 September 2026; Al-Qabas newspaper, 9 September 2026.