Professional Documents
Culture Documents
CHAPTER 1
Al-Khaimah and Fujairah. Abu Dhabi City is the federal capital. Each emirate has contributed to the nations progress and exciting opportunities for investors are to be found in all parts of the country. Sharing a border with Saudi Arabia and Oman, the UAE has a land mass of 83,600 square kilometres and a total population now estimated at 4.1 million. The urban population is 75 percent of the total as four fths of the territory is desert. The UAEs foreign population is 78.9 percent. According to OPECs 2005 report, the UAE has the worlds fth largest proven reserves of crude oil (9 percent of total world reserves), and fourth largest reserves of natural gas (5 percent of the world total). These reserves are expected to last for more than 100 years at current production rates. The people of the UAE are very proud of their ancestry but this publication will focus mainly on the success story of the last three and a half decades since the establishment of the Federation. Fifty years ago the UAE consisted of sand dunes, the occasional oasis, simple villages and
he United Arab Emirates (UAE) is a federation of seven emirates located in the Arabian Gulf: Abu Dhabi, Dubai, Sharjah, Ajman, Umm al Quwain, Ras
hard working shepherds, shermen and seafarers. It was a real challenge to eke out a living in such a difcult terrain. Only a few decades ago the situation in the country was radically different from the way things are today. It was fortunate that the leadership of the various sheikhdoms constituting todays UAE followed a vision and had the courage to build a dynamic modern country. In 1971, a few years after the discovery of oil and a modest transformation from a seminomadic society, His Highness, the late Sheikh Zayed bin Sultan Al Nahyan became the ruler of the largest and richest UAE emirate of Abu Dhabi. Following the withdrawal of the British forces from the Gulf region, he invited the rulers of the other emirates to form a federation. Thus the United Arab Emirates, or UAE, was born. Sheikh Zayed spared no effort to make the Federation a success. Now that the UAE is party to many international agreements, the Federal Government works hard to harmonise the activities and decisions of the seven emirates. The UAE has used oil wealth to nance infrastructure and diversify into service sectors. Today the non-oil economy constitutes around 63 percent of GDP. Almost half of the non-oil economy is based on services. The country has targeted sectors with the most rewarding
opportunities, including tourism, logistics and transportation, ICT and nancial services. The emirate of Abu Dhabi is rich with natural resources and is much larger than the combined total areas of the other six emirates. Abu Dhabi city is the seat of the Federal Government. Dubai has been able to create one of the most impressive success stories of modern times. Today its many signature structures and initiatives have created a strong and enduring identity on the world stage. The emirate has become a holiday destination for many people around the world. Dubais success is particularly notable because the emirate is not endowed with large quantities of natural resources. The Northern Emirates are also buzzing with activity with each government drawing up ambitious plans for new developments as well as taking steps to improve their infrastructure. Culture, heritage and history are the dening characteristics of Sharjah. This emirate boasts a number of outstanding museums, galleries, libraries and renowned seats of learning. Sharjah is also the prime location for many UAE-based industrial rms. The emirate is keen to promote tourism and a number of major residential projects have been launched. Ajman is witnessing a boom due to the spillover effect from Dubai and Sharjah. The
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authorities in the Federations smallest emirate have opened wide its doors to investors and a raft of new investment projects have been recently announced. New focuses for economic development in Umm al Quwain include tourism and real estate development with plans for a new marina as well as huge residential complexes. The government of Ras Al-Khaimah (RAK) is making earnest efforts to provide world-class tourism facilities. In October 2006, RAK received its rst charter ight of tourists from Europe and
for six months of the year, ights bring European tourists to the emirates resorts every week. In November 2006, RAK announced that foreign and domestic investment in the emirate had reached AED100 billion. Fujairah has focused on developing its port and free trade zone and is now one of the worlds top three locations in bunkering, alongside Rotterdam and Singapore. The emirate also has ambitious plans to develop the tourist industry and nine new hotels are due to open in the next ve years.
The genius of the UAE is a combination of entrepreneurship, competition, cooperation and openness. With a tax free environment, worldclass infrastructure and negligible tariffs, the country has become a hub for entrepreneurship in the region, attracting the largest number of FDI projects. UAE businessmen and women realise that they need to compete locally but cooperate globally. They understand that the openness of the country to outside investment, labour and capital, results in increased economic prosperity for all.
death in January 2006. The President and VicePresident are elected by the Supreme Council for a term of ve years which is renewable.
Ras Al Khaimah
The Arabian Gulf
In the absence of the President, the VicePresident assumes his responsibilities. The President is accorded a wide range of legislative and executive powers. As chief executive of the State, the President has the right to convene and preside over meetings of the Supreme Council.
QATAR
DAS
Abu Dhabi
Sweiham Al Ain
OMAN
The President is also entrusted with signing laws, decrees and decisions sanctioned by the Supreme Council, supervising implementation through the Council of Ministers; and the ratication of treaties and international agreements after approval by the Supreme Council and the Council of Ministers. Headed by the Prime Minister, the Council
Abu Dhabi Dubai Sharjah Ajman Umm Al Quwain Ras Al Khaimah Fujairah
SAUDI ARABIA
Medina Zayed
Liwa Oasis
of Ministers is an executive authority of the Federation. The Prime Minister, who is currently the Vice-President and ruler of Dubai, selects his
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CHAPTER 1
cabinet ministers among representatives from the seven emirates. Federal National Council The Federal National Council (FNC) comprises 40 members representing the seven emirates. The number of seats assigned to each emirate (8); Sharjah (6); Ajman (4); Umm al-Quwain (4); Ras Al-Khaimah (6); Fujairah (4). The selection of representatives, who are appointed for two calendar years, is at the discretion of the ruler of each emirate. Under the Constitution, the FNC has a consultative role, including serving the people and the nation, consolidating the principles of shura (consultation) in the country, examining and amending proposed federal legislation, questioning ministers and holding them accountable for their respective ministries, and discussing the annual budget. The FNC is presided over by one of its members. The foundations of a democratic process began in the UAE in December 2006 with elections for the FNC. This was the rst phase of the process with half the members of the Council being elected. Phase two will dene the powers of the Federal National Council and its relationship with the government. The third phase will result in an enabled, larger and stronger Council with more specic areas of responsibility. The Judicial System The judicial system is composed of a federal and a local judiciary. The federal judiciary comprises the Federal Supreme Court, the Federal Courts of Appeal (civil and sharia), and the Federal Courts of First Instance (civil and sharia). The Federal Supreme Court consists of ve judges including a President of the Court, appointed by presidential decree and endorsed by the Supreme Council. The judges decide on the constitutionality of federal laws and arbitrate on inter-emirate disputes and disputes between the Federal Government and the emirates. The Federal Courts of Appeal comprise a body of judges including court presidents. Panels Political Stability When the rulers of the seven emirates agreed on the forms of government for their new federal state, they deliberately chose not simply to copy from others. They chose, instead, to work towards a society that would offer the best of modern administration, while at the same time retaining the traditional forms of government that, with their inherent commitment to consensus, discussion and direct democracy, offered the best features of the past. It is evident that they made the correct choice, for, despite the massive economic growth and the huge increase in population, the state has enjoyed political stability. of three judges hear criminal cases, civil, commercial, and other matters. They also hear appeals against judgments by the Federal Courts of First Instance and the local judicial authorities, together with other disputes in accordance with applicable laws. Judgments of the Federal Courts of Appeal are nal. The Federal Courts of First Instance have a body of judges and court presidents who hear criminal cases, as well as civil, commercial, and other matters. Judgments are delivered by a single judge unless the law stipulates otherwise. Article 116 of the Constitution states that all matters not specically stipulated as falling within federal jurisdiction may be considered within the relevant emirates. The emirates of Dubai and Ras Al-Khaimah have established a local judiciary, not attached to the Ministry of Justice, which oversees the federal judicial system.
WAM
There have been numerous attempts to create federal states, both in the Arab world and elsewhere. The UAE is the only one in the Arab world to have stood the test of time, proof of that being the smooth transition that occurred, in Government and throughout the country, following the death of the Federations founder Sheikh Zayed.
Sheikh Khalifa bin Zayed with Prince Charles
Women in the UAE According to the UAE Constitution, women enjoy the same legal status, access to education, and right to practise professions as men. Under the terms of the Labour Law it is prescribed that there shall be no discrimination between men and women in terms of equal pay for equal work. The Government has also ratied international agreements relating to women including the Convention on the Elimination of All Forms of Discrimination against Women. The UAEs attitude to women is well demonstrated by recent gures from UNESCOs Education for All Global Monitoring Report, which shows the UAE to be one of only 15 countries where girls outnumber boys in the formal education system. The majority of students enrolling for higher education are women. At the Higher Colleges of Technology, the proportion of female students is three times higher than that of men. There is no shortage of female role models in the workforce either. During recent years the UAE has appointed two women ministers (Sheikha Lubna Al Qasimi, Minister of Economy and Mariam Mohammed Khalfan, Minister of Social Affairs) and both the government and the private sector encourage the participation of women in all disciplines. One of the most important aspects of the Federal National Council elections that took place in December 2006, was the participation of women who, for the rst time, were eligible for inclusion into the council. When the results were ofcially announced in February 2007 the nal make-up of the councils 14th Legislative Chapter included nine women, one of whom had been elected, representing 22 percent of the total.
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CHAPTER 1
1.4 Demographics
Population, in the UAE, has been rising, over the last few years, at a staggering rate of around 7 percent per annum. Around 2 percent of the growth rate is natural, while an inux of expatriate workers is helping support the rapid industrialisation of the UAE. Expatriates constitute the majority of UAE citizens (around 85 percent) and all expatriates come to the UAE to work or invest. Unemployment does not exceed 4 percent. There was a 26.3 percent participation in the labour force in 2006. Population Results 2005 by Gender and Nationality
Nationals Male 10.2 Female 9.9 Total 20.1 Male 58.1 Non-nationals Female 21.8 Total 79.9 Male 68.3 Total Female 31.7 Total 100
Source: MOE Tedad (Census) 2005 (These results do not include 335,615 individuals who for various reasons are not counted in the census.)
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RAKFZ
Hospitality is a matter of honour and a way of life in the Arab world and business is frequently conducted over lunch or dinner. It is considered polite to return the invitation. You will be offered traditional refreshments in an Arab home or ofce and sometimes a sweet tea or coffee avoured with cardamom is served without milk. If Arabic coffee is offered, you should accept at least one cupful. Your cup will be frequently relled. If you do not want any more, shake the cup to show that you have had enough. Three cups are considered to be sufcient. Be careful not to offer the left hand when accepting or passing items to Emirati people and position yourself so that you do not show the soles of your shoes or feet.
Although large rms are structured as in the rest The UAE is widely regarded as being at the forefront of regional development with a relaxed business environment. As a regional hub, the UAE is thought to be the ideal place to establish branches in nearby countries. Foreigners are attracted by a delightful winter climate, highly sophisticated infrastructure and a crime-free environment. Corporate leaders comment favourably on the high quality of life in the Emirates and the availability of good schooling for their children. Although Arabic is the ofcial language, all Emiratis speak uent English. of the world, companies in the UAE are often family affairs, with the ultimate decision-maker being the head of the family. Even if this is not the case, it is important to identify the decision maker. However, your initial meetings will probably be at a lower level. These are also very important as a means of building mutual trust. It is a good idea to print your business card in both English and Arabic and make sure that your promotional material is in full colour and well produced.
Jumeirah
Good manners, courtesy and patience are prized This highly cosmopolitan, well-educated society is familiar with the ways of doing business worldwide and even those few Emiratis who are not frequent travellers themselves, will have come across countless nationalities in the course of life at home. In the UAE, perhaps more than anywhere else, business is conducted on the basis of personal relationships and mutual trust. It is vitally important to build on these. Do not be offended if an Emirati does not return your handshake. Some people prefer to avoid this kind of contact. When being introduced to a woman it is better to avoid offering your hand unless she offers hers rst. attributes. You should always arrive on time for a meeting but you may be kept waiting. Your meeting may be interrupted by other guests or telephone calls as open ofce arrangements are quite usual. The direct, hard-hitting approach is not always welcome and it is usual to exchange pleasantries before getting down to business. During negotiations there may be unwillingness on the part of Emiratis to say no to your face. Nevertheless, once a deal is made an Arab businessmans word is his bond. This can be disconcerting if you come from a business environment where verbal agreements are not binding.
Businesswomen are commonplace in the UAE and are generally treated seriously, particularly if the woman acts in a condent and self-assured manner. It is best to dress conservatively and good grooming is essential you will nd that all business people are impeccably turned out. Although smart slacks, shirt (ideally long-sleeved) and tie are sufcient for some meetings, a blazer/ jacket are required for meetings at senior level. All buildings are air conditioned, so throughout the year it is quite comfortable to wear a jacket indoors. It can get quite cool in the evening in winter when a sweater or light jacket may be required.
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CERT
15
CHAPTER 1
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export sector, it hires the low-income segment of the population and therefore has the highest multiplier effect since blue collar workers have the highest marginal propensity to consume. Turning to positive external factors, these included the increase in the price of oil which raised the crude oil and natural gas sector from AED92 billion in 2003 to almost double that gure (AED223 billion) in 2006. The return of GCC and UAE capital to the region, in the aftermath of Sept. 11th, and its investment in the UAE economy, had benets that are still being reaped today. The UAE has made great strides towards becoming a major player in the global economy. Recently there has been greater expansion in the national economic liberalisation policy, more achievements in customs and banking reforms and the continuous appreciation of all economic indicators including the rise in the rates of growth, operation and attraction of foreign investment and tourists. External Trade and Outward Investment The UAE is a trading nation, as witnessed by its high ratio of imports plus exports (of goods and services) to GDP (around 142 percent). The country is also an important participant in global capital markets through several investment institutions, including the Abu Dhabi Investment Authority, the Dubai Ports Authority, Dubai Holding, and Abu Dhabis International Petroleum Investment Company. Its current account has been consistently in surplus since independence.av
1.184
12,000
4.628
296
1,469
80
1,049
715
250
2001
1
2005
Compound Annual Growth Rate Source: United Nations Conference on Trade And Development (UNCTAD)
growth in part to the continuation of strong private sector activity. Specically, 60 percent of the balance sheet growth was attributed to claims on the private sector. The UAE anticipates further private sector growth through initiatives such as the privatisation of government organisations, and family-owned business groups in the UAE creating more formal corporate structures. The adoption of free market policies and regulations in the UAE, has led to impressive growth rates and a trend towards sustainable and diversied development. The three non-oil sectors that led the way in 2006 were: manufacturing, trade and real estate. The manufacturing sector reached 19.5 percent of total GDP at a value amounting to
AED73.4 billion, reecting the importance that the government and the private sector are devoting to industry. A wide range of industries including oil by-products, chemical fertilisers, aluminium, building materials, food processing and pharmaceutical products have been developed. A number of high-tech SMEs have also been set up in the free-zone areas in the various emirates. The wholesale and retail trade sector is one of the vital sectors in the development process and in 2006 it contributed 16.6 percent of the total GDP, amounting to AED62.5 billion. The real estate sector contributed 12.2 percent of GDP at a net value of AED46.1 billion. The UAE has less than 0.1 percent of the world population but boasts 15 to 25 percent of
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The UAE is targeting higher and sustainable growth and further diversication to reduce dependence on oil. The country is keen on enhancing economic, trade and technical cooperation with other economic blocs. Such an environment is clearly conducive to foreign investment. Those who choose to set up businesses in the UAE will nd a hospitable and simple process, an active open economy and an opportunity to penetrate neighbouring markets.
WAM
Ination In the UAE, ination reached 10% for 2006. This has been mostly a result of both exogenous and endogenous factors. Some of the pressure on rent prices is expected to ease in 2007, as construction projects are completed. Nevertheless, the UAE government has started to actively combat inflation. Several rent ceilings were issued at the emirate level to deal with the rent increases. A Consumer Protection Law was recently passed
The next decade will witness a transformation to the super quality realm in the elds of education, healthcare, culture and tourism. Services will make an increasing contribution to GDP, with
growth in air and maritime transport, tourism, nancial services and a host of other services. The UAE can offer a wide range of attractive investment opportunities, ranging from petrochemical, gas, marine, metal and food-stuff industries to tourism, services and advanced IT industries. The country has established a number of industrial estates in various regions, in addition to creating and equipping special zones and parks such as Abu Dhabi Industrial City, Dubai Internet City, Media City, Logistics City, and Silicon Oasis. (See page 57 for list of Free Zones). The United Arab Emirates thus represents an innovative business environment that facilitates international trade and investment. The UAE is the regions most advanced business centre and is set to become one of the worlds most successful headquarters for every kind of international business.
TO
in countries such as Iran, Pakistan, India, the CIS, the Arab World and Africa, the UAE is an enormously important investment hub. Dubai International Financial Centre (DIFC) plans to become a regional nancial hub bridging the time zones between New York, London and Hong Kong. The opening of the Dubai International Financial Exchange (DIFX) in 2005 with its international-style rules and regulatory standards, was a major step towards this goal. The UAE is the third largest country in terms of GDP in the Arab World, number two in terms of per capita income, the second largest trader and the fastest growing tourist destination. The country is proud of its uncontested rst place position as the most open and competitive economy in the Middle East and North Africa.
Increasing money supply post September 11th - UAE and Arab capital returned from the US and the EU - M1 grew at least 30% a year over the last few years. Increasing rent prices - Due to supply shortages, rent prices increased signicantly in Dubai, Abu Dhabi and Sharjah. - Rent constitutes around 26% of the average household expenditure according to current CPI (Consumer Price Index) weights. A one-time increase in the price of fuel - Fuel prices increased by 31.5% in 2005 to reect increasing world prices The decline in the USD vis-avis other world currencies and its analogous effect on GCC currencies. - The dollar lost around 27% of its value over the years 2002-2005
Foreign Trade 2006 Exports Crude oil Petroleum by products Gas Free Zone exports Re-exports Others Total
Source: UAE Ministry of Economy
359
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that should reduce inflationary pressures by protecting the consumer against price fraud. The Ministry of Economy is in the final stages of drafting a Competition Law that should provide further assistance in combating cartels and abuse of dominant position. Moreover, the UAE Central Bank also uses certicates of deposit as a monetary tool to curb money supply. While the depreciation of the US dollar vis--vis other world currencies over the last decade has led to imported ination, the debate of changing the exchange rate system is irrelevant to the UAE given that all GCC countries are currently pegged to the US dollar and that the GCC is working towards a unied currency by 2010.
Source: United Nations Conference on Trade And Development (UNCTAD)
Qatar Bahrain 796,000 696,000 15,355 30,423 Kuwait Oman 2,687,580 2,472,317 9,949 16,945 Saudi Arabia United Arab Emirates 4,104,695 23,765,000 13,001 23,698 Population 2005 number of people GDP per capita 2005, US$
Future Direction The UAE has made signicant strides in economic development over the past few years. This was primarily due to the UAE governments provision of an enabling regulatory environment. It is expected that services will play a larger role in the UAE economy over the medium to long term, with rapid increases in niche sectors such as air and maritime transportation, logistics, medical tourism, pharmaceuticals and IT. The vision of the government of the UAE is to transform the country into a regional (and even global) hub for entrepreneurship in several industrial and service spheres. To achieve that vision, the government is committed to maintaining laissez-faire policies and an effective public-private partnership. Business Monitor Internationals (BMI) regular outlook for the UAE released in November 2006 forecast GDP growth of 8 percent in 2007, a moderate cyclical retreat to 4.5 percent in 2009, with pickup thereafter. The publication estimates that national income, measured as nominal GDP will rise steadily from US$165 billion in 2006 to US$237 billion by 2011. With population projected by BMI to reach 6.9 million in the same year, GDP per capita is expected to level off in the region of US$34,000. As oil prices also ease back towards US$40 a barrel, oil exports are set to subside, but hold a plateau above US$40 billion against the background of gently rising volumes. BMI presents the positive prognosis that the UAE is charting a steady course ... with a mixture of hydrocarbons muscle and robust non-oil performance. Despite rising imports based on strong domestic demand, non-oil sources will offset a decline in energy receipts. BMI says the UAE is likely to emerge as one of the regions strongest locations for FDI, with levels rising through US$20 billion in 2007, propelled particularly by opportunities in real estate. The BMI considers the economy relatively well insulated from external shocks and capable of riding out any stock price correction. Over the medium term Dubai is said to be on course to spend some US$200 billion on project activity, with Abu Dhabi catching up at around $160 billion.
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* incl. agriculture, livestock & shing, electricity & water, restaurants & hotels, social & personal
Source: Ministry of Economy
2003
2004
2005
2006
sector came in at AED39 billion (10.4%). With regard to monetary and banking developments, money supply (M1) rose by 29.2% to reach AED104.45 billion by the end of 2005. Meanwhile, quasi-monetary deposits increased by AED58.19 billion (36%). Consequently, broad money (M2) expanded by AED81.82 billion (33.8%) to reach AED324.06 billion. An analysis of the factors affecting broad money shows that the impact of net foreign assets was expansionary, by AED21.51 billion (14.8%), in addition to the expansionary impact of net domestic credit of AED89.01 billion (45.9%). However, the impact of net other factors (capital,
reserves, provisions and other items), which grew by AED28.70 billion (29.6%) on broad money (M2) was, contractionary. Financial markets in the UAE witnessed marked growth in all performance indicators. As a result of increases in the number of traded shares and of listed companies, trading volume increased by 541 percent in Abu Dhabi Securities Market and 703 percent in Dubai Financial Market. GDP at base price and at current prices achieved higher rates of growth in 2006, compared to rates recorded in recent years. Fixed investments in the country also grew by an impressive 29 percent in 2006, reaching a record AED121 billion.
2003
2004
2005
2006
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percent (AED9.9 billion) came from ministries revenues and 13 percent (AED3.6 billion) from investments. The ten key programmes for the scal year 2007 include education, power generation, police
services, educational curricular development, curative services, social development, foreign policy and higher education at UAE University and the Higher Colleges of Technology. Some 435 million will be allocated for road projects.
Salaries
constitute projects
AED9.1 are
billion estimated
and at
Total number of Bilateral Investment Agreements concluded, 1 June 2006 Partner Algeria Austria Belarus China Czech Rep. Egypt Finland France Germany Italy Korea Kuwait Lebanon Malaysia Mongolia Morocco Mozambique Pakistan Poland Romania Sudan Sweden Switzerland Syria Tajikistan Tunisia Turkey Turkmenistan UK Yemen Date of Signature 24-Apr-01 17-Jun-01 27-Mar-00 1-Jul-93 23-Nov-94 11-May-97 12-Mar-96 9-Sep-91 21-Jun-97 22-Jan-95 9-Jun-02 12-Feb-66 17-May-98 11-Oct-91 21-Feb-01 9-Feb-99 24-Sep-03 5-Nov-95 31-Jan-93 11-Apr-93 18-Feb-01 10-Nov-99 3-Nov-98 26-Nov-97 17-Dec-95 10-Apr-96 28-Sep-05 9-Jun-98 8-Dec-92 13-Feb-01 24-Nov-99 15-Dec-93 25-Aug-01 24-Feb-97 15-Mar-00 16-Aug-99 10-Jan-01 9-Apr-94 7-Apr-96 1-Apr-02 14-Jul-99 22-May-92 Date of Entry into Force 3-Jun-02 1-Dec-03 16-Feb-01 28-Sep-94 25-Dec-95 11-Jan-99 15-May-97 27-Apr-92 2-Jul-99 29-Apr-97 5-Jun-04
The United Arab Emirates sectoral initiative submitted to the World Trade Organisation with free respect to the Non-Agriculture Market Access (NAMA) negotiations proposes the elimination of all customs tariffs on raw materials, including non-ferrous metals with strategic priority for primary aluminium. The initiative supports the diversication of exports, especially in sectors where developing countries have a comparative advantage. It is expected that the elimination of tariffs on raw materials would increase the demand of such materials in the world market and allow for a fair and level playing eld for those commodities. The initiative aims at reaching a balanced approach between tariff reductions through a formula approach which does not in many
The
UAE
government
believes
that
trade is a necessary condition for increased competitiveness and productivity in the long run. Protectionism, in the form of high tariff barriers and technical barriers to trade, would only result in a stagnant and inefficient private sector. It is in this spirit that the UAE has joined the World Trade Organisation (WTO) and has signed several free trade agreements and embarked on negotiations, either individually or with the GCC, on different regional trade agreements. A contracting party to the GATT since 8 March 1994, the UAE became an original member of the WTO on 10 April 1996. It grants at least Most Favoured Nation treatment to all its trading
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cases focus on areas of interest to developing countries and the aim of increasing exports of raw materials that many developing countries consider an essential element of their economy. Exports than 50 of raw materials of the contribute GDP of more many percent
provide the necessary exibilities and allow these countries the possibility to exclude sensitive materials and ask for longer transitional periods for adoption of the initiative. As primary aluminium can account for up to 50 percent of the cost of an aluminium semi-nished product, a duty free primary aluminium would therefore stimulate consumption and support the competitiveness of this material. The initiative would allow for a reduction in the speculative and distortive pricing of raw materials, which in turn would provide more predictability in the
operation of the aluminium market and secure a more transparent environment. A sectoral agreement on raw materials, can be considered an example of cooperation and convergence between the interests of both developed and developing countries of the WTO, while noting that it is important for all Member states to maintain the objective of a balanced agreement on all points of negotiations. The UAE is actively participating in the Doha Development Agenda Negotiations and working closely with other WTO members to reach the objectives agreed in the Hong Kong, China Conference. In the NAMA negotiations, the UAE
developing countries. The United Arab Emirates reafrms its full support of the less than full reciprocity approach accorded to developing countries as a special and differential treatment, and notes that the initiative falls under the development aspect of the Doha Agenda. Sectoral initiatives have been a point of divergence among developing and developed countries during the fth Ministerial Meeting of the WTO Members in Cancun 2003, the differences mainly relating to whether or not participation of WTO Members in such initiatives should be mandatory or voluntary. In this respect, and based upon the positions of WTO Members and with regard to the past experiences on the Zero to Zero initiative of the ASEAN countries, the United Arab Emirates fully supports the position of the developing countries with regard to the voluntary approach of the sectoral initiative. This reects the exibility referred to in the July package of 2004. With the aim of addressing the sensitive issues existing in handling a sectoral initiative, the UAE points out that developing countries who decide to participate in the initiative may look for a selective participation approach, which would
GCC FTA negotiations with other countries and economic blocs: GCC Japan GCC Singapore GCC EU GCC Mercosur GCC India GCC Turkey GCC China GCC EFTA (European Free Trade Assoc: Switzerland, Norway, Liechtenstein & Iceland) GCC Australia - in near future GCC New Zealand - in near future
Source: Ministry of Economy
was part of the intensive process and tabling of the draft schedules of concessions, which was commensurate with the objectives of the Government to augment the current liberal policy on trade in goods. On the services process, the UAE has already submitted an initial offer which is in line with the on-going reform process. Recently, new collective requests have been received from certain WTO members and are under consideration. The United Arab Emirates is fully committed to WTO principles. The world is becoming increasingly small as globalisation affects us all. Today, unless a nation recognises these global trends and pays attention to their directions, that nation will be left behind, eventually becoming marginalised. The United Arab Emirates is not such a nation.
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Real Estate and Commercial Enterprises 10.5% Mining and Energy 19.0% Construction 4.3% Health and Education 0.4% Transformational industry, water and electricity supply 29.5% Wholesale and retail trade, maintenance of engine vehicles and personal commodities 21.7% Financial mediation 6.6% Transport and storing and communications 6.2% Others 1.9%
The UAE is keen to develop the following sectors: ICT Financial Services Electronics and Engineering Industrial Technology Healthcare Biological and Life Sciences Education and Knowledge Industries Tourism Service industries
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of Arab Petroleum Exporting Countries (OAPEC). Overall, modern and traditional government structures co-exist and evolve together. The concept of holding the open majlis or council, a traditional means for the people to voice their opinions, concerns and complaints to their rulers, has remained relevant. In the majlises, for example, discussions between sheikhs and other citizens may address a variety of issues including economic and foreign policy, matters concerning unemployment, or specic individual requests. The Federal Government provides the broad framework for policymaking in the UAE; however, most key decisions are made at the emirate level.
Federal Law No. 8 (1980) governs the rights, responsibilities and employees. Other laws relating to industry include Federal Law No. 14 (1992) regarding the establishment of the Department of Standards and Specication and Federal Law No. 44 (1992) for the regulation and protection of industrial ownership of inventions and designs. Local governments, the Free Zones and the Federal Environment Agency have issued various laws and regulations related to industry. Industrial projects that wish to manufacture medicines have to obtain the prior approval of the Ministry of Health. In order to provide a more exible and transparent incentive scheme, a committee has been formed to modify the Industrial Law which and duties of employers
Foreign equity
will not be dealt with by this new law but will instead form part of the companies and foreign investment codes.
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in projects related to natural resources in the UAE is determined by the competent authorities of the local government of the emirate, in which the natural resources are located. Each emirate practises its right in accordance with its development needs, requirements for investment, technology, and technical know-how. Currently, there are some companies working in the natural resources sector (including the petroleum sector) in the UAE with foreign equity up to 100 percent. Commercial Agencies According to the UAE Commercial Agencies Law (Federal Law No. 18 of 1981, as amended by Federal Law No. 14 of 1988 and Federal Law 13 of 2006), foreign investors may have an agent to represent their interests in the UAE. The Law regulates and governs the appointment of commercial agents, representatives, and distributors. This law denes a commercial agency as any arrangement whereby a foreign company is represented by an agent to distribute, sell, offer, or provide goods or services within the UAE for a commission or prot (Article 1 of the Law). The Commercial Code (Federal Law No. 18 of 1993) augments the Commercial Agencies Law and establishes the regulatory framework for the various types of commercial agencies permitted. The most common type of agency is the contracts agency, whereby the agent undertakes on a permanent basis and in a specic area of activity, the instigation and negotiation of the conclusion of deals, to the advantage of the principal and in return for payment (Article 217 of the Code). Distributor contracts are treated like contracts agencies when they involve one agent as the sole distributor (Article 227 of the Code). Primary Requirements of Commercial Agencies: 1. Commercial agents must be UAE nationals or companies incorporated in the UAE and owned entirely by UAE nationals. 2. Commercial agents must be registered with the UAE Ministry of Economy.
3. The agency agreement must be registered in order for the agent to avail itself of the protections afforded under the law and to have the agency relationship recognised under UAE law. 4. Commercial agents are entitled to an exclusive territory encompassing at least one emirate for the specied products (Article 5(1) of the Law). 5. Unless otherwise agreed, commercial agents are entitled to receive commissions on sales of the products in their designated territory irrespective of whether such sales are made by or through the agent (Article 7 of the Law). 6. Commercial agents are entitled to prevent products subject to their agency from being imported into the UAE if the agent is not the consignee. The Commercial Agency Law provides for compensation of the agents terminated without due cause only if the agency agreement has been registered with the federal Ministry of Economy. Many UAE commercial agents will insist on a registered arrangement in order to avail themselves of the protection of the Commercial Agencies Law. The Federal Law concerning commercial agencies does not necessitate that importing activities, wholesale and retail distribution services should be reserved for exclusive agents; there are other types of agencies. But in the case of exclusive agents, it merely provides that whenever an agency contract is concluded and registered in the Ministry of Economy, the importing of the subject matter of the contract to the geographical area specied in the agency contract should be reserved for the exclusive agent. This general rule has been diminished by the Cabinets Decree that was recently adopted which amends Article 23 of the Federal Law concerning Commercial Agencies providing that no commercial agency might be the subject matter of any commercial item liberalised by a decree of the Cabinet and therefore, all registered agencies for such items should be cancelled. (The Commercial Companies Law and Agencies Law can be downloaded at www.economy.ae)
Amendments Introduced under the New Law The new amendments made under UAE Federal Law No. 13 of 2006 to original law no. 18 of 1981 have the following effect: 1. A statement that the commercial agency contract runs for the duration of its term. At the conclusion of the term, the commercial agency shall be deemed to have expired unless the parties have agreed to extend it. Upon such expiry of the term of the agency contract and at the request of either party, the Ministry shall then deregister the agency unless the Ministry receives an application from the parties expressing their mutual desire to renew the contract for a further term. Hence, the term of the commercial agency runs parallel with the term of the agency contract. If the agency contract is for a xed term, the commercial agency will run for that period and will expire at the end of the contract term. If the agency contract is for an unspecied term, then the agency and its registration shall continue indenitely unless the parties agree to terminate the agency or change the contract to a xed-term contract (without the involvement of the Ministry of Economy). The Article further states that a commercial agency may only be deregistered by mutual agreement of the parties or pursuant to court order. Therefore, where the parties to a xed term agency contract wish to terminate the contract summarily, or either party to a non-xed term agency contract wishes to terminate the contract, termination can only occur by bringing the matter before the court and it ordering deregistration pursuant to the parties arguments in court. 2. A statement that if the termination of an agency has caused damage to either of its parties, the aggrieved party may recover compensation for the damage which he has suffered. This right is given to both parties and not just to one party at the expense of the other. 3. Conrmation that no goods of a commercial agency may enter the UAE except through the
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registered agent. If goods are the subject of a registered commercial agency, such goods may be seized and can only be released with the consent of the Ministry or agent. Furthermore, the seizure will remain in force pending the resolution of the dispute over the goods entering the country. However, the Article contains a new provision concerning goods which have been classied as exempt and goods which may be traded and imported into the UAE regardless of the existence of a commercial agency. The provision aims to protect certain goods by stipulating that even if an agent already exists, such goods may be imported into the UAE, whenever necessary or whenever required by the UAE economy to prevent monopoly, and pursuant to a Cabinet decision. 4. The Law repeals Articles 27 and 28 which provided for the referral of any dispute to the Committee set up under the Ministry of Economy. The members of the Committee had to be representatives of the emirates. The Committee was competent to decide any dispute that arose between an agent and principal and the matter could not be referred to court unless it had rst come before the Committee. Articles 27 and 28 were repealed entirely so as to do away with the Committee at the Ministry of Economy. Therefore, in the event of any dispute arising between the parties, either party may approach the courts which have original jurisdiction over any commercial dispute.
competition within the telecommunications sector. Various model laws are being considered. The GCC Secretariat has submitted a draft for a unied GCC competition law, which the UAE is currently examining. The Ministry of Economy has the mandate to develop and implement the Competition Law. Recent inationary pressures have led to the exemption of basic food items from the scope of the Trade Agency Law. Currently, anti-competitive practices are dealt with on a case-by-case basis by the Ministry of Economy, in consultation with the Ministry of Finance & Industry and the chambers of commerce. However, the UAE government is committed to developing a highly competitive market with low import duties and the absence of non-tariff barriers. There are no a priori price controls, but the Ministry of Economy monitors the prices of 15 goods, mainly food products, in order to contain the negative effects of cartels and other anticompetitive practices. The Federal Government and the emirate governments have a role in the price determination or approval of a number of services, including telecommunications, postal, and medical services. Electricity, water, and gas prices are set by state-owned companies at emirate level.
The new law protects the rights of consumers in the market by giving them full freedom in making a choice and returning or substituting faulty items, as well as other rights safeguarded by the new law. The Ministry of Economy is setting up a special department to supervise the general policy on the protection of consumers and regulating prices. The department will also ensure fair competition in the market and will team up with other concerned bodies to ensure consumer awareness. The new department will do so by educating consumers about their rights and how to secure those rights. It will also set up a hotline in the ministry to receive complaints from consumers. The law states that commodities put on shelves for sale must have tags clearly displaying price. The law re-afrms federal law no. 18 of 1981 and its amendments which deal with the organising of commercial agencies in a way that every commercial agent or distributor must give all the necessary guarantees that producers or commercial agents give on their commodities.
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The law is applicable to all offences, even those committed partially or totally outside the country if they harm the countrys interests. This legislation aims to facilitate the exchange of e-mails via reliable electronic records, to allow better transfer of electronic documents to government bodies and enhance the availability of government services via reliable e-mail connections, to facilitate and promote e-commerce and transactions at local and international levels by using e-signature, to limit forgery and amendment of e-correspondence, especially to the benet of e-commerce and other transactions, and to establish uniform principles and rules related to the documentation and safety of electronic correspondence.
years (non-renewable) from the date of ling the application. The law enables the patent holder to prevent others from manufacturing, importing, offering for sale, selling, using or otherwise keeping for the purpose of selling or using the product, or using the method. To conform to Article 28 of the TRIPS Agreement, the amendment specied the rights of the patent holder in preventing others from using it. The 2002 amendment also extended the coverage of the protection of innovations to all elds of technology, including agriculture, hunting, shing, handicrafts, and services, covering both product and method of processing. Previously, inventions dealing with the chemistry of drugs or pharmaceutical compounds, as well as inventions in foodstuffs were excluded from coverage. They are now covered by Article 66 of the law. Exceptions (from patentability) exist for plant and animal research, or biological processes for the production of plants or animals, with the exception of microbiological processes and products; scientic principles and discoveries; diagnostic, therapeutic and surgical methods for the treatment of humans or animals; and inventions related to national defence or that would be contrary to public order and morality. Micro-organisms are patentable. The supervisory ministry for IP matters is the Ministry of Finance and Industry. Since the entry into force of the TRIPS Agreement, it has opened a register for ling patent applications for inventions concerning pharmaceutical and agricultural chemical products. The Patent
and Designs Law provides for non-exclusive compulsory licensing, after the lapse of at least three years after granting the patent. An applicant must prove that efforts have been made to obtain a licence from the patent owner on reasonable conditions. The licence should be for the purpose of fullling the demands of the local market. Article 23 of the Patent and Designs Law stipulates that the importation of the product is not sufcient ground for granting a compulsory licence. No compulsory licence has so far been
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granted. There is no provision on parallel imports of patented products. Industrial Designs Industrial designs are protected by the Patent and Design Law (Article 51) and the related 1993 Decree No. 11 (Articles 45-49). The holder is accorded exclusive rights over imports of any product related to the industrial design, or processing of such a product for the purpose of offering it for sale or selling it. All industrial designs must be registered by the Ministry of Finance and Industry (the Directorate of Industrial Design). The provisions on industrial designs under the Patent and Industrial Design Law also apply to integrated circuits (Articles 43-51). Protection is granted for ten years, renewable once for ve years. Layout of Integrated Circuits (topographies) Computer programs are protected by the 1992 Copyrights and Neighbouring Rights Law No. 40. The 2002 amendment has brought under its scope computer program applications, as well as compilations of data. The law now provides for clear provisions to deal with the situation foreseen in the derogation from Article 36 as specied in Article 37 of the TRIPS Agreement, whereby a person has no knowledge or reasonable grounds to know when acquiring an integrated circuit or an article incorporating such an integrated circuit that it contains an unlawful topography. The provisions on industrial designs under the Patent and Industrial Design Law also apply to integrated circuits (Articles 43-51). Protection is for ten years, renewable once for ve years. Copyright and Related Rights The 1992 Copyrights and Neighbouring Rights Law No. 40 is the main legislation protecting copyright. It was amended in 2002. The amendment provides more detailed measures to enforce copyright in line with the provisions of the TRIPS Agreement. In particular, the amendment is designed to meet the obligations arising from Article 9 of the TRIPS Agreement (Berne Convention, Articles 1-21, except Article 6 bis), Trademarks The 1992 Trademarks Law No. 37 is the main legislation protecting trademarks. Article 2 of the law considers as trademarks, among others, signs that take a particular form if they are used to distinguish goods, products or services, or to indicate that the products, goods or services are the properties of the owner of the mark. Sound constitutes an element of the trademark if it accompanies the trademark. The law also contains provisions on well-known marks. The Trademarks Law allows the court to delete the registration of a trademark if it is determined that the mark has not been used effectively during ve years, unless the owner justies the non-use of the trademark. The 2002 amendment of this law added that the non-use of the trade mark should not be a reason for the deletion, if it is due to reasons not related to the ownership of the trademark. Trademarks Geographical Indications The Trademarks Law does not contain a denition of geographical indications as such. However, geographical indications can be considered as trademarks if they are used to distinguish goods or services with regard to their production, selection or commercialisation. Geographical indications related to alcoholic beverages cannot be registered in the UAE. Under the Trademark
Industrial designs are protected by the Patent Law
through the extension of the works and types of expression covered as well as the nature of the protection. The amendment introduces the exclusive right to exploit, under the rental right, literary works, including computer programs and cinematography work. Copyright protection is for 50 years.
registration is renewable indenitely. The Ministry of Economy is the supervisory ministry for issues related to trademarks. The Trademark Law does not contain provisions with respect to parallel imports or to national or international exhaustion of rights. However, the owner of a trademark may, by a written notarised contract, grant to any person a licence to use the trademark (Article 30). The licence has no effect on third parties unless it has been recorded in the Register and published as prescribed in the Executive Regulations. According to the authorities, the Trademark Law could, as a result, be invoked by the owner of the trademark to prevent parallel imports; no such case has so far been led in the UAE. (The Trademark Law can be downloaded at www.economy.ae)
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keep it condential. According to the authorities, the term of protection of undisclosed information in the pharmaceutical sub sector is, in practice, ve years. Enforcement The Copyright Law, the Patent and Design Law, and the Trademarks Law provide measures to prevent violation of intellectual property rights, including preventive seizure, conscation, removal or destruction of products and equipment, as well as elimination of the effects of the illegal acts, and compensation. Punitive Law No. 3 of 1987 species imprisonment of up to three years for IPR violation. Customs can take measures at the border to prevent any violation of intellectual property rights, in accordance with the above-mentioned laws as well as under Customs regulations. These measures can be taken upon demand of the right holder based on a judicial order. Articles 37-42 of the Trademark Law dene
Pharmaceutical products are subject to special laws
one of the important bases in its environmental policies for the present and future generations. The UAE has nalised its National Environmental Strategy and the National Environmental Plan in line with international best practice. During the past three decades, the UAE has achieved major steps in sustainable development and is one of the leading countries in the region with regard to protection of the environment. The Federation has also signed many regional and international conventions that are concerned with climate, protection of the environment from pollution, and combating desertication, underlining the commitment of the UAE towards environmental protection. Over the past decade, the UAE has established four environment protection agencies: the Federal Environmental Agency (FEA), established in 1993; the Environment Agency in Abu Dhabi (formerly the Environmental Research and Wildlife Development Agency - ERWDA), established in 1996; the Environmental and Protected Areas Authority, in Sharjah, established in 1998; and the Environmental Protection and Industrial Development Commission in Ras Al-Khaimah, established in 1999. Their activities do not have a direct impact on trade, except for issues related to the international conventions mentioned above. No taxes are levied for environmental purposes. Environmental-Related Trade Measures The UAE prohibits the import of certain products for environmental or health reasons, or in accordance with international conventions, in respect of transboundary movements of hazardous wastes and their disposal (Basel Convention), chemicals (Rotterdam Convention on prior informed consent), and products of animals and plants (Appendices I, II and III of CITES convention). Federal Law No. (24) of 1999 species that No public or private party or qualied or unqualied persons are allowed to import or bring, bury or dispose of hazardous wastes in any form in the UAE. The handling of hazardous chemicals and waste in the UAE falls under the Regulation on Handling of Hazardous Substances, Hazardous Wastes and Medical Wastes.
penalties with regard to counterfeit, imitation, misleading practices, and fraudulent use of registered trade marks. Unlimited nes of at least AED5,000 can be levied, as well as unlimited prison sentences (up to three years under the Punitive Law). The Copyrights Law lays down similar procedures, with minimum detention of two months (up to three years under the Punitive Law), and nes of AED10,000-50,000. Articles 60-62 of the Patent Law also lay down criminal sanctions and monetary penalties in the range of AED5,000-100,000. Imprisonment is for at least three months, and up to three years under the Punitive Law.
Law, a trademark that misleads consumers about the origin of a product cannot be registered. Protection of Undisclosed Information Article 1 of the Patent and Industrial Designs law denes know-how as the technical information, data or knowledge that results from professional experience and is applicable in practice. Article 39 states that know-how shall be protected against any unlawful use, disclosure or communication by third parties, unless it has been published or made available to the public. In addition, the bylaws of the 1992 Patent Law (1993 Decision No. 11 of the Ministerial Council) lay down procedures to ensure the protection of know-how. As regards pharmaceutical products specically, Law No. 4 of 1983 related to pharmaceutical institutions and the pharmacy profession and its by-laws provide for the establishment of a committee in charge of pharmaceutical registration and pricing. All condential information submitted to it must be kept condential, provided the owner has undertaken the necessary steps to
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Sheikh Zayed bin Sultan Al Nahyan, Founder and First President of the UAE
WAM
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