UAE Investment, Trade & Business Opportunities
Foreign investment in capital, technology or expertise is more than welcome in the UAE. Generally, any locally incorporated company must be at least 51 percent owned by UAE nationals, but the apportionment and distribution of profits is not similarly constrained.
UAE Free Trade Zones
Dubai, which has far less oil wealth than Abu-Dhabi, has undertaken a major promotion campaign to attract more foreign investment and tourism. Its vast Jebel Ali Free Trade Zone now houses more than 950 international operations, most of which engage in the distribution or light to medium manufacturing of products for domestic consumption and export. The Zone is built around the Dubai Port Authority's Jebel Ali Terminal and enables customers to take full advantage of the port's ISO-certified container and general cargo operations. A Free Zone Authority is assisting in administrative proceedings.
The principal advantage of free trade zones in the UAE, and especially Jebel Ali, is that companies locating in a free zone may be 100 percent foreign owned. Registration procedures tend to be relatively simple. Furthermore, since the nominal customs duty is only 4 percent and as much as 3 percent of it is often rebated, the entire country is a virtual Free Trade Zone.
Dubai Law No. 2 of April 3, 1993, is designed to treat equally goods manufactured by firms which are at least 51 percent owned by UAE or GCC nationals and which are licensed by the Ministry of Finance as UAE products, regardless of whether manufactured inside or outside free trade zones. The net effect of the law will be to exempt products produced in free trade zones from UAE customs duty. Over the long term, it is hoped that all GCC countries will cease to levy import duties on free zone products.
Under Dubai law No. 9 of 1992, a company may set up a separate legal entity, referred to as a free zone establishment (FZE). Theentity needs only one shareholder, whose liability may be limited to the amount of share capital paid in to the FZE (minimum share capital DH 1 million). No memorandum or articles of incorporation will be necessary. The Jebel Ali Free Zone Authority will provide to every applicant upon request the implementation regulations for foreign investors in the zone. The Zone Authority also maintains a FZE register.
The Jebel Ali Free Zone provides an opportunity to businesses to base their manufacturing, warehousing and trading operations in the Free Zone without the normal requirements attendant to the conduct of business in the Arab Gulf States. Businesses in Jebel Ali are exempted from the requirement of local ownership, payment of taxes and duties and are guarantied the freedom to transfer capital, profits and salaries. The Jebel Ali Free Zone Authority allows foreign companies to establish branch operations in Jebel Ali without any requirements of local sponsorship or agency. It is now also possible to incorporate wholly-owned subsidiaries in the Jebel Ali Free Zone. Gulf nationals may also establish operations which are not incorporated.
Recently, new Free Trade Zones similar in structure to the Jebel Ali Zone were opened at Dubai International Airport and in Sharjah International Airport.
UAE Trade Agreements
The UAE is a member of the GCC, and as such, is subject to the GCC agreements regarding trade. These agreements are described in the section on Trade Agreements in the chapter on Bahrain.
The UAE is a signatory to the General Agreement on Tariffs and Trade (GATT).
UAE Customs
Tariffs reflect the cost of the imported goods as indicated on the supplier's or manufacturer's invoice. In accordance with GCC initiatives, new customs duties were announced August 1, 1994, which provide a consistent duty of 4 percent on the CIF value of imports throughout the UAE.
It is expected that many items imported by the government, including personal effects, goods in transit, foodstuffs and medicines will be duty-free.
Privatization
All six members of GCC currently have privatization plans of some form as a means to reduce government expenditures and to turn around unprofitable state-owned businesses. The UAE especially has been testing plans for privatization on small agricultural enterprises and now hopes to open strategic sectors of its economy, such as the petrochemical industries, to private investors. Further, Abu Dhabi's Crown Prince, Sheik Khalifa bin Zayed, has ordered, in May 1997, the formation of a special committee to oversee the privatization of the power and water sectors in Abu Dhabi. The Committee, headed by the Crown Prince himself, has the authority to draft legislation and regulations governing the execution of the privatization process and the implementation of privatization plans.
As part of the UAE's ongoing commitment to the privatization process, in 1996 Abu Dhabi sold shares by public subscription in Food Co., a food products retailer and floated majority stake in the joint-stock company Abu Dhabi Shipbuilding Co. In 1997, shares were publically sold for al-Kanza Insurance Company and Oasis International Leasing Company. The General Industrial Corporation, a diversified Abu Dhabi-owned company, is also slated for sale, although the Emirate would prefer local citizens to be the major purchasers.
Unlikely to ever be sold are government holdings in the oil sector. Foreign companies Nestle and Statoil have formed a joint venture with Abu Dhabi National Oil Company in the Ruwais project. Giat Industries has proposed buying the Taweelah power and desalinization complex as part of its offset obligations.
Stock Exchange
Although public stock companies may be registered in the UAE, there is no official stock exchange at the present time. Trade is conducted informally by phone. Shares of public companies are bought and sold through private investment agencies, and share price information is based on the latest transactions.
After several delays and previous announcements, the UAE is expected to open a formal stock exchange in 1999. A proposed law is expected to provide the regulatory framework for the exchange. The UAE stock market is believed to currently have a market capitalization of more than DH 67 billion, and the primary market is also expected to become very active in the future. The Emirates Bank group has currently established the Emirates Equity Index (Emnex), a composite of thirty-one actively traded UAE stocks. There are also sub-indices for the three main market segments-banking, services and insurance. Yet to be resolved is the issue of whether to allow foreign investment in the proposed exchange. Official reports state that the UAE is keen on setting up an exchange to absorb planned privatization of service sector companies and shares in new commercial joint ventures, to be set up to offset foreign military sales to the UAE.
UAE Best Business Prospects
1. Architectural, Construction, Engineeering Services
2. Defense Industry Equipment
3. Oil and Gas Field Machinery
4. Construction Equipment
5. Building Products
6. Water Resources Equipment
7. Air Conditioning and Refrigeration
8. Computers & Peripherals
9. Telecommunications Equipment
10. Electrical Power Systems
11. Automotive Parts & Service
12. Security & Safety Equipment
13. Cosmetics & Toiletries
14. Franchising
15. Medical Equipment
16. Airport / Ground Support + Equipment
17. Pollution Control
18. Hotel and Restaurant Equipment
UAE Real Estate Investment
Until recently, in foreign ownership of land was not restricted in practice throughout the UAE with the exception of Abu-Dhabi and Dubai, where even transfers between Abu-Dhabi citizens are subject to government approval. A proposed federal real estate law, however, would prohibit foreigners and foreign companies (except those from other GCC states) to hold property, granting a transitional period to those who already own property. Enforcement, however, will likely take into consideration individual cases. Since land is available at nominal rents under the Organization of Industrial Affairs Act, the proposed law is generally believed to have hardly any adverse effect on foreign investment.
Building permits are granted only to construction engineers, and any construction without the appropriate permit from the local municipality will be illegal.
One of the most obvious ways to exploit land is to grant leases, particularly in the UAE, where the majority of the residents are expatriates, and, therefore, are obliged to rent. Until 1994, Sharjah was the only Emirate to have enacted a landlord and tenant law of general applicability. Sharjah's Landlord and Tenant Law of 1977, as amended in 1986, applies to almost all kind of leases. It requires leases to be registered with the municipal authorities.
Legislation regarding renting of real property in Abu-Dhabi, which was enacted in 1994, is more comprehensive than the Sharjah law, and covers all lease contracts. It requires that leases be registered with the relevant municipality. It further requires that lease agreements be in writing. Nonetheless the law also provides that the terms of a lease, though in writing may be established by all means of proof including oral or other extrinsic evidence not incorporated in the written lease.
UAE Public Sector Procurement
In the UAE, government projects are generally put out to tender. The required qualifications, specializations and other terms and conditions for participation vary according to the project and the authority concerned. Certain tenders are offered internationally, but where local tenders are concerned, only those companies licensed and registered with the department concerned are eligible to bid. In order to qualify to participate, one or more of the following may apply:
- The tenderer shall be a firm registered in the UAE;
- A foreign party may only participate if it has a UAE agent with the necessary documents;
- The tenderer should hold a valid license from the Economic Department;
- The tenderer must be a member of the Dubai Chamber of Commerce.
Abu-Dhabi has its own detailed rules and requirements for contractors who wish to be permitted for tender, imposing special registration requirements and placing limits on the commission the local agent involved is permitted to receive.
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