Decree-Law No. 87 of 2026

Introduction

Building on Kuwait’s leading record in charitable, humanitarian and relief work, Decree-Law No. 87 of 2026 on the Regulation of Charitable and Humanitarian Work has been issued to replace the legislative and regulatory framework that has been in place since 1959. The law aims to keep pace with developments in the sector, meet the related international requirements and obligations, strengthen transparency and governance, and protect donations from being used for any purpose other than the one they were collected for. Below are some of the key features of the law, which together form a roadmap for regulating charitable and humanitarian work.

Who the Law Applies To

The law applies to licensed humanitarian and charitable societies and charitable foundations (mabarat)[1].

What the Law Regulates

The law regulates non-profit activities that involve providing aid, collecting donations, and delivering humanitarian, medical, relief, religious-outreach, educational, developmental and social-solidarity services, whether inside or outside Kuwait, as long as they are carried out under the name of a Kuwaiti entity. The Executive Regulations, once issued, will define these activities more precisely.

Key Features of the Law

1- Repeal of the 1959 law on licensing the collection of money for public purposes: That law was issued in March 1959, nearly 66 years ago. Its purpose at the time was to prohibit the random collection of money for charitable, relief and public-benefit work, under the supervision of what was then the Department of Social Affairs and is now the Ministry of Social Affairs.

2- Centralization of the sector under the National Center for Charitable and Humanitarian Work: The law creates a single center to supervise and oversee charitable and humanitarian work. It also provides for a governance manual, a code of ethics for charitable work, and an assessment of money-laundering risks related to these activities.

3- Regulation of donation campaigns, with criminal liability for running them without a license: The Council alone will issue the licenses needed to hold donation campaigns, and will set the conditions and controls for granting them, whether the campaign takes place inside or outside the country. Campaigns held outside Kuwait also need the approval of the Ministry of Foreign Affairs. Private individuals are prohibited from running donation campaigns to fund activities outside Kuwait. The law prohibits the collection of cash donations, which may only be collected pursuant to a special permit and subject to a prescribed limit. Electronic collection methods are to be adopted, and licensees must deposit the collected funds into bank accounts supervised by the Central Bank of Kuwait and ensure that such funds are subject to audit. The law also prohibited Trading with donation funds, entering into financial speculation, and distributing any returns to members or employees are all prohibited.

4- Notifying the Financial Intelligence Unit of suspected money laundering or terrorist financing: As part of the duty of due diligence when collecting donations, a licensee must notify the Unit of any activity it suspects may be linked to money-laundering or terrorist-financing offenses.

5- Protection of privacy and confidentiality of data:nThe law affirms that the data of both sides of charitable work, donors and beneficiaries alike, is confidential, and prohibits its disclosure except by court order or with the person’s prior consent. It also expressly protects the dignity of beneficiaries. It prohibits capturing, filming or publishing images or audio of beneficiaries, especially children, in situations that compromise their dignity, or using them for promotion and fundraising, without prior permission and the written consent of the guardian.

6- Disciplinary boards and administrative sanctions: The law establishes a Disciplinary Board, chaired by a member of the judiciary delegated by the Supreme Judicial Council, to rule on violations. It provides for sanctions that escalate step by step: a written warning, specific corrective measures, a financial penalty of up to KD 10,000, restriction of powers, and removal of the board of directors, up to a recommendation to dissolve and liquidate the society.

7- Severe criminal penalties: The law provides for imprisonment of up to 7 years for unlawfully taking donation funds. The penalty rises to up to 10 years and a fine of at least KD 10,000 if the offense is committed through an unlicensed campaign, in the name of a fictitious society, or by impersonation. For collecting without a license and misusing donations, the penalty can reach imprisonment of up to 2 or 3 years, along with confiscation of the funds or their return to their owners or to the Fund. The law also sets penalties for breaching the confidentiality and privacy of data. In addition, the legal entity itself can be held liable, with penalties that may include fines and the closure and liquidation of the whole entity.

8- Regularization of status: Charitable societies and foundations that existed before the law came into force have a three-month grace period to regularize their status, starting from the date the Executive Regulations are issued. The Regulations are due to be issued within six months of the law’s issuance, which took place on 13 September 2026.

How Can Meysan Help?

“Meysan” is a leading law firm with extensive experience advising charitable organizations, non-profits, companies and financial institutions. Meysan offers an integrated range of legal services to help organizations and individuals comply fully with Decree-Law No. 87 of 2026 on the Regulation of Charitable and Humanitarian Work and adapt to its requirements. The areas of assistance and legal solutions Meysan provides include:

1- Regularization of status and institutional restructuring.

2- Amending articles of association after the model articles of association are issued.

3- Reconstituting boards of directors, including the reconstitution and registration procedures.

4- Restructuring charitable foundations and societies and correcting their legal status.

5- Drafting governance and compliance manuals.

6- Licensing of donation campaigns.

7- Drafting international partnership contracts and reviewing cooperation agreements and memoranda of understanding with regional and international institutions, to make sure they do not conflict with national legislation and public morals.

8- Representation before disciplinary boards and judicial authorities.

9- Legal representation of societies, foundations or board members before the judicial Disciplinary Board at the National Center in cases of administrative or financial violations.

10- Preparing and filing administrative grievances against decisions to revoke licenses, impose financial penalties, or dissolve, remove or liquidate.

11- Legal representation and defense before the Public Prosecution and the competent courts in cases involving allegations or charges of unlicensed collection, misappropriation of donation funds, or breach of confidentiality.

Disclaimer: This legal article has been prepared for general informational purposes and does not constitute legal advice. Parties should obtain specific legal advice before taking, or refraining from taking, any action based on its contents.

© Meysan Law Firm 2026. All rights reserved.

[1] A non-profit legal entity established by a natural or legal person through the irrevocable allocation of funds, pursuant to an official deed, for a definite or indefinite period, with the purpose of carrying out charitable or humanitarian activities.

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