B usiness
Environment
for more
information, visit
Ministry of Economy and
Commerce Abu
Dhabi Chamber of Commerce and
Industry Dubai Chamber of Commerce &
Industry Ajman Chamber of Commerce and
Industry

Introduction
UAE government policy recognizes that the
private sector is of major importance in the drive for
diversified economic growth and full employment for
nationals. The creation of a facilitative business
environment, which encourages local investors to put their
wealth to productive use, as well as attracting foreign
investment, has been an important aspect of this policy. Key
elements in the UAE’s incentive strategy have been the
provision of first-class industrial facilities and business
support services, the reduction of red tape and streamlining
of administrative procedures, as well as the updating of
commercial laws and regulations to meet international
obligations, increase transparency and ensure effective
protection for investors. Favorable tax laws and political
stability also assist in making the UAE a prime business
location.
World
Trade Organization
The UAE joined the World Trade Organization (WTO)
in 1995 in the knowledge that developing countries,
including Arab states, cannot ignore WTO - sponsored
agreements and their impact on the global economy. At the
time, the Ministry of Economy and Commerce argued that
joining WTO would provide an opportunity for the country to
contribute to future commercial decisions and policies and
that, as a country aspiring to become a regional trade hub,
adherence to the General Agreement on Tariffs and Trade (
GATT), a WTO - sponsored multilateral trade treaty, would
help boost the UAE's industries and exports. Other relevant
WTO treaties are the General Agreement on Trade in Services
(GATS) and the Agreement on Trade - Related Aspects of
Intellectual Property (TRIPS ) . Although the WTO prohibits
discrimination in investments or shareholding between
nationals and non-nationals, the UAE has been granted
certain exemptions for its financial services sector.
Nevertheless, WTO agreements will have a direct impact on
domestic services such as insurance, banking, transport,
tourism, property, brokerage, investment, construction,
communications and information, all of which will be
required to improve performance to be able to compete
globally.
Abu
Dhabi Chamber of Commerce and Industry
A bridge between the
private sector and government has been provided by the
Abu Dhabi Chamber of Commerce and Industry (ADCCI) for
over 30 years. Since its inception in April 1969,
operating from a two-room apartment in the capital,
the ADCCI has grown in stature to become the largest
chamber of commerce in the AGCC states, with a
membership of 51,399 at the end of 1998, increased
from 27 in 1969. It is now housed in an imposing
building on the Corniche.
for more information, visit www.adcci-uae.com
Private
Sector Partnership
Policies pursued by ADCCI have enhanced the
private sector's partnership in local enterprise. In
addition to developing economic regulations and offering
advice to the government in this field, ADCCI provides a
wide range of services, including setting up the Sheikh
Khalifa Fund to provide technical and financial support for
small and medium enterprises initiated by national youth;
establishing a database to furnish businessmen and investors
with up-to-date commercial information; organizing trade
fairs in Abu Dhabi; sending delegations abroad to promote
Abu Dhabi as a commercial center; as well as initiating
training programmes such as 'Passport for Work’, which
trains nationals to join the private sector.
Trade Fairs
To mark its thirtieth anniversary, in 1998 the
chamber opened a new hall for membership registration and
the processing of official documents. It also established a
new center for businessmen and another for businesswomen,
issued 6,118 certificates of origin and organized 37 trade
fairs. The chamber participated in the Cairo International
Fair, the Lisbon International Expo Fair, the Second UAE
Exhibition in Beirut and the Baghdad International
Exhibition. In addition, during 1998 the chamber received 39
international trade delegations and official delegations
from the ADCCI visited Oman, India, Taiwan, Britain,
Thailand, Malaysia, Sing a pore, Australia,
Finland, Sweden, Norway and Denmark, to promote Abu Dhabi as
an investment opportunity.
One-Stop Shop
ADCCI has also been concerned with setting up
a one-stop shop at Abu Dhabi Municipality to facilitate the
issue of trade licenses in the capital. The measure,
initiated by the Higher Consultative Committee of Abu Dhabi
Emirate, is aimed at simplifying and expediting procedures
for issue of trade licenses. By the end of 1999 applications
for commercial licenses sent by e-mail were due to be
processed within four hours, instead of three to four
months. The multi-departmental section comprises
representative offices of the Ministries of Labour and
Social Affairs, Economy and Commerce, Information and
Culture, the ADCCI, Civil Defence and Abu Dhabi Police. The
project is the first phase of a comprehensive development of
the municipality's infrastructure.
New
Business Support Services in Dubai
Dubai has also been streamlining its
administrative procedures to provide an efficient service
for investors. A telephone and fax hotline has been
installed at the Dubai Naturalization and Residency Department. The 24-hour
computerized system, operating in Arabic
and English, can handle enquiries about documents needed for
all types of visas, including visit, transit, investor, work
and domestic servant visas. Callers can access information
about documents needed to open a company file at the
department, documents for stamping and canceling visas,
court appointments, changing visas and departure
certificates. A 50 percent reduction in municipality fees
levied on business in Dubai, which was announced during
1999, should also assist business development in that
emirate. The municipal levy, originally set at 10 percent of
the lease rental, is a major establishment cost for any
company. Dubai Municipality, the Department of Economic
Development and the Dubai Chamber of Commerce and Industry
are working together to ensure that the new system operates
efficiently.
Intelak
In an effort to ensure that the smallest
investor is not forgotten, Dubai has also launched an
innovative programme in which ‘individual establishment’
trade licenses are granted to UAE nationals to set up
businesses at home once they have satisfied home ownership
requirements. The experimental programme aims to encourage
housewives, nationals with spare time, and those who have
low-budget projects to establish businesses without facing
the competitive risks of the open marketplace. Introductory
seminars and technical and economic advice will be provided.
Products from such businesses will be marketed through
promotional shows and on the Internet.
Offsets
The UAE has made it a condition that foreign
firms bidding for lucrative defence contracts should invest
a portion of the value of the deals in joint venture
projects with local partners. The UAE Offsets Group (UOG),
which manages this offset programme, has developed its role
to become a pioneering institution playing a vital part in
the establishment of joint vent ures . Under the offsets
programme, foreign defence firms are entitled to hold up to
a 49 percent stake in the joint ventures with the rest being
held by local private investors. Projects must generate
added value to the UAE within a period of seven years. Since
1992 the offsets programme has announced 31 projects, 17 of
which are in operation, with a total investment of around Dh
2 billion. The projects range from a ship-building company
to a health care center. Abu Dhabi Shipbuilding Company, a
Dh 178 million venture, was one of the first public
shareholding firms to be set up under the scheme. The two
biggest ventures are The Oasis International Leasing
Company, an aircraft leasing firm, and TABREED, which has
developed innovative cooling systems, each capitalized at
Dh 500 million. Assault, with which the UAE signed a US
$3.2 billion defence deal, has contributed to five separate
offset projects, including a horticulture project, a plant
for manufacturing fire-fighting materials, a business
services company, as well as fish processing and fish
farming companies.
Dolphin Gas
Network
UOG's participation in the Dolphin Regional
Gas Network, a US $8–10 billion project to build a
regional gas network from Qatar to UAE and Oman was
announced in early 1999 (See section on Oil and Gas). The
Dolphin project represents a strategic initiative to attract
i n vestment in industrial sectors in the UAE and other
regional countries by modernizing the gas supply
infrastructure and is intended to provide a framework to
stimulate investment in a variety of related industries
throughout the value-added gas chain. It will provide
employment and wide investment opportunities in financial
and other industrial fields. Key potential regional
customers for gas from Dolphin will include the offset
programme’s own initiatives, especially Sina'at which has
been set up with a capital of Dh 550 million to develop
basic industries and petrochemical facilities. Other
customers will include independent power producers, aluminum
smelters, iron and steel plants and gas trading
operations.
Free Zones
The increased number of free zones operating
in the country is serving to offer a wider range of options
to potential investors, including 100 percent ownership of
investments. The massive Jebel Ali Free Zone (JAFZ) has
become one of the largest industrial complexes worldwide
which, together with the adjacent port, the world's largest
manmade harbour, has continued to attract investors.
Fujairah Free Trade Zone (FTZ), which was awarded an ISO
9002 certificate in 1999, offers businessmen the location advantage of an east coast port as well as the benefits of
partnership with the Fujairah Government. FTZ has been
growing at a rate of 20–22 percent annually and currently
has over 125 projects registered at the zone, representing
sector investment worth Dh 750 million. Trade value out of
the zone by the end of 1999 should top Dh 1 billion. Arab,
Gulf and international capital investment in Sharjah’s
Hamriyyah Free Zone had exceeded Dh 2.5 billion by the end
of 1999, with local investment accounting for 50 percent.
The Sharjah Government has invested Dh 600 million in
infrastructure projects in the zone.
Saadiyat Free
Zone Authority
The US $3.3 billion Emirates Global Capital
Corporation (EGCC), which was incorporated in April 1999,
has been granted a 50-year concession by Saadiyat Free Zone
Authority (SFZA) to establish a major new commodities market
and free zone on Saadiyat island near Abu Dhabi. The
concession covers an area of 26 square kilometers. EGCC will
develop a 50,000 square meter trading center with a stock
exchange, futures exchange and clearing house and
warehouses, the requisite commercial and residential real
estate and physical infrastructure, including a port with
storage facilities and a freight airport. Construction of
the necessary infrastructure is scheduled to take three
years to complete. Planned facilities on the island, which
will have a six-lane bridge to link it with Abu Dhabi, will
include a marina, an extensive exhibition center, a luxury
hotel, a golf course, an equestrian club, a motor racing
circuit, water and power plants, a telecommunications
network and other utilities. The Basic Law for the Authority
imposes no restrictions on foreign ownership of companies
and assets and allows full repatriation of capital and
profits as well as exemption from all taxes. Companies and
residents will be offered land on lease for periods of 50
years or more and leases will be fully transferable. Since
the announcement of its creation in July 1996, the Saadiyat
project has attracted considerable attention from regional
and global investment and banking circles. The project will
have a major impact on many economic sectors including
trade, industry, agriculture, real estate, building
contracting and engineering, banking, brokerage, insurance,
tourism, hotel, entertainment and services, as well as
providing employment for nationals. Saadiyat Free Zone,
shares in which will be offered on domestic and
international markets, will give a major boost to the UAE
’s investment policy and is intended to complement the
Jebel Ali Free Zone and other zones in the country and the
AGCC.
Dubai Airport Free Zone
Authority
Dubai Airport Free Zone Authority (DAFZA), one
of the most recently established free zones in the UAE,
grants licenses to companies with an international
reputation who intend to invest properly in
environment-friendly projects that are not labour-intensive.
The emphasis is on long-term gains within the context of a
five-year business plan. By mid-1999, 54 percent of the 50
companies operating out of DAFZ were European, 32 percent
American, 4 per cent each from the Far East, Middle East and
GCC states and 2 percent from Africa. Applicants to date
include global dealers in the jewellery, diamonds,
crystal, cosmetics, electronics and computer industries. The
free zone has been allocated an area of 1.2 million square meters, including 473,000 square
meters of apron space,
which will be developed in stages over the coming years.
Ajman
Information Technology Park
Ajman Free Zone (AFZ) commenced work in July
1999 on the region's first information technology park. The
park will be developed in two phases, the first of which, a
pilot project of 10 offices, is under way. A further Dh 5
million will be invested in a purpose-built block that will
house 100 offices. The IT park will offer a ‘move in and
plug in’ facility in which a company can start operating
as soon as it occupies designated premises . The park offers
all the facilities needed for an effective business
operation – PCs, ISDN, phone and fax lines, Internet
access and related services – to attract IT developers and
IT support centers, besides emerging Internet retailing,
wholesale and e-commerce business. AFZ already has a wide
cross-section of companies involved in textiles, medical
equipment, furniture, foodstuffs, tobacco derivatives,
watches, electrical appliances, paper, metal and plastic
products. In 1998 the number of companies operating out of
AFZ quadrupled and in the first six months of 1999 the zone
grew by 7.5 percent from 400 to 430 companies. Total capitalization
of companies now stands at Dh 1.1 billion (US
$300 million).
Intellectual Property
Recognition of the close link between the
protection of intellectual property rights and foreign
investment has acted as an incentive for vigorous action
against intellectual property violations in the Emirates.
International
Obligation
The UAE is a member of the Paris Convention
for the Protection of Industrial Property, the World
Intellectual Property Organization (WIPO), and a signatory
of the WTO Agreement on Trade - Related Aspects of
Intellectual Property (TRIPS) with which it must comply by
the year 2000. The latter deals with such issues as
copyright, trademarks, patents, industrial designs and trade
secrets. The country also acceded to the International
Patent Cooperation Treaty in 1998, which protects inventions
registered with the International Bureau at WIPO and local
patent offices.
Domestic Law
Federal Law No. 40/92, Protection of
Intellectual Works and Copyright, was issued on 28 September
1992, embracing all aspects of intellectual property such as
trademarks, patents, industrial design and copyright. After
an extended grace period, the law was implemented in the
second half of 1993. In June 1999 the UAE National Committee
for Industrial Property Protection discussed amending the
federal law within the context of TRIPS, including
regulations governing the protection of patents on
pharmaceuticals. The initiative to amend the law in line
with WTO obligations was announced by the Ministry of
Finance and Industry in mid-1997 and work has been under way
ever since. All articles of the legislation as well as
subsequent by-laws are being reviewed.
Enforcement
Enforcement of trade marks comes under the
purview of the Ministry of Economy and Commerce, the
copyright law under the Ministry of Information and Culture
and the patent and design law under the Ministry of Finance
and Industry. Enforcement is also assisted by the Ministry
of Interior, particularly the police and the Criminal
Investigations Department, Dubai's Department of Economic
Development and Sharjah Municipality. International organizations
that are also engaged in the anti-piracy drive
in the UAE are the Motion Pictures Association (MPA) the
Business Software Alliance (BSA) and the International
Federation of the Phonographic Industry (IFPI). In July 1999
thousands of pirated audio and videocassettes, compact discs
and computer play station tapes confiscated in a series of
government raids we re destroyed and some shops selling the
goods were shut down. The raids on video and CD shops in
Dubai and the Northern Emirates were carried out by the
Ministry of Information and Culture, Dubai Police Economic
Crime Section and the Business Software Alliance. In August,
a trader who had been convicted of selling pirated videocassettes
had his sentence increased from the original
Dh 5,000 fine to three months’ imprisonment following an
appeal brought by the Motion Picture Association Middle
East.
Reduction in
Piracy Levels
In the last few years the UAE has achieved
tremendous results in fighting piracy at the local and
federal levels. As a result the UAE continues to have the
lowest piracy level in the Middle East according to
statistics released by the Business Software Alliance (BSA).
Of the US $190 million re venue estimated to have been lost
by the IT industry on account of illegal copying of software
in the Middle East, the UAE's contribution was a mere US
$3.6 million. On a global scale, the estimated loss of
revenue in the UAE is not even 1 percent of losses perceived
to be suffered by IT companies due to software piracy in
countries such as the UK, Canada, Germany and France.
E-Commerce
In order to keep abreast of commercial trends
worldwide, the UAE intends to set up an Internet-based
central financial forwarding and clearance facility known as
the Payment Gateway Server (PGS). Several top companies are
working with government departments to establish the
facility which is expected to be the first of its kind in
the AGCC area.
PGS, a major step in the introduction of
e-commerce, is the equivalent of central clearing and
forwarding of financial transactions carried out on the
Internet. The server, which will permit secure electronic
transactions, is an intermediary between Web-based
merchants, financial institutions and consumers.
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