How to Do Business in UAE

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    CHAPTER 3

    54 Investors Guide to the UAE

    Business Options in the UAE

    CHAPTER 3

    The benefits of establishing a business in

    the UAE include corporate tax holidays

    for most sectors, no personal taxes

    and the freedom to repatriate capital

    and profits. There are no currency restrictions.

    Foreign ownership is generally set at a ceiling

    of 49 percent but at the Free Zones, for UAE

    branch offices of foreign companies and forcertain professionals, there is no requirement for

    a local partner.

    Black and Decker, Colgate Palmolive, Daimler

    Chrysler, HJ Heinz Company, Johnson & Johnson,

    LG, Proctor & Gamble and Xerox are among

    the Fortune 500 companies doing business at

    Jebel Ali Free Zone, the first Free Zone to be

    established in the UAE. Successful companies

    from all over the world have taken advantage of

    off-shore opportunities at the many Free Zones

    now spread out across the nation.Top internationals have also joined hands with

    the UAE for business projects that have direct

    access to the UAE market. These relationships

    are sometimes conducted through general

    trading activities and specific joint ventures. In

    many cases, partnerships with Emirati individuals

    and companies taking at least the minimum

    equity stake and then providing invaluable local

    expertise have proved to be extremely rewarding.

    There are now opportunities for companies of all

    sizes and most market sectors who wish to be

    part of the UAE business success story.

    3.1 (a) UAE Company

    (with maximum 49% foreign ownership)

    Federal Company Law No. 8 of 1984 (the

    Commercial Companies Law - CCL) regulates

    the establishment of companies, both local and

    foreign, outside the free zones. All companies

    must have one or more national partners who

    account for at least 51 percent of their capital.

    The partners may mutually agree to share the

    profits in proportions that differ from their own

    capital share.

    The Law also stipulates that management ofthe company may be undertaken by the foreign

    partner. Since 2005, GCC nationals may own

    100 percent of a companys capital. The CCL

    is currently under review by the Federal

    Supreme Council.

    According to the provisions of Federal Law

    No. 1 of 1979 (Organising Industrial Affairs),

    the authorities may grant significant privileges

    and exemptions to projects that meet certain

    conditions. These include the assignment of

    a building-site for the project, either free or ata token rent with optimal conditions and the

    supply of utilities at preferential rates. Duty free

    imports may be allowed in respect of machinery,

    equipment and building materials required for the

    project as well as raw materials and packaging

    used during production. Tax exemptions for

    a renewable period of five years from start of

    production are guaranteed in respect of project

    profits and re-investment reserves. Exports in

    such cases are subsidised and there is some

    3.1 Strategies for Market Entry

    UAEs success story attracts the world

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    55Investors Guide to the UAE

    BUSINESS OPTIONS IN THE UAE

    protection for locally produced products which,

    when exported, would not attract duties. Priority

    for the privileges and exemptions mentioned

    applies to competitive, export-oriented orexport-substitution projects; projects using

    local raw materials; projects established in

    areas determined by the Government; and any

    other projects that may be of specific economic

    importance, and included, for this reason, in the

    government development plan. The law applies

    to most industrial projects except extraction or

    refining of petroleum or other raw materials.

    The UAEs hydrocarbon industry is specifically

    excluded from the provisions of the CCL. It is

    owned and controlled by the respective emirates,

    and foreign participation must take the form of

    joint-ventures. Similarly, electricity, gas, and

    water utilities are supplied by state monopolies,

    although the Emirate of Abu Dhabi has arranged

    partial privatisation of several electricity and

    water plants. Projects involving foreign

    participation in these sub sectors are generally

    majority state controlled and owned by the State

    or by UAE nationals.

    3.1 (b) UAE Branch Office

    (with 100% foreign ownership)

    Under the Commercial Companies Law, foreign

    companies may also exercise their main activity in

    the UAE by opening a branch or a representative

    office. The representative office may promote

    business for the products and services provided

    by the parent company, and facilitate contacts

    between the company and its UAE clients.

    However, it is not licensed to conduct business

    operations or marketing directly in any manner.Branches are registered at the Ministry of

    Economy. A foreign branch or office can be 100

    percent owned by the foreign company.

    3.1 (c) Professionals

    (with 100% foreign ownership)

    Foreigners may form sole proprietorships to

    practise certain professional activities. Sole

    proprietorship is a simple business method

    whereby an individual trades on his own account

    pursuant to a trade licence issued in his own

    name. This form of business entity is referred to

    as an establishment rather than a company. A

    foreign sole proprietor is also required to appoint

    a local services agent.

    Certain activities are reserved for UAE

    nationals and for companies totally owned by

    UAE nationals.

    3.1 (d) UAE Free Zones

    (with 100% foreign ownership)

    Some 80 percent of the UAEs non-oil exports

    originate from the Free Zones. These zones

    are exempt from all the licensing, agency,

    emiratisation, national ownership, and other

    domestic regulations that apply to the customs

    territory.

    The UAEs first free zone was establishedat Jebel Ali in 1980. Its success in attracting

    foreign investment and technological expertise,

    and the growth of re-exports and transhipment

    as a major commercial activity led the other

    emirates to create such free zones to attract

    inward investment, employment generation, and

    significant economic development.

    Following the success of the Jebel Ali Free

    Trade Zone, the UAE currently boasts 36

    established and upcoming Free Zones. Most of

    these zones are located in Dubai, though the

    other emirates are following the lead. Some of the

    zones cater to service sectors (e.g. Dubai Internet

    City, Dubai Media City, Dubai Health Care City,

    Knowledge City, Dubai International Financial

    Centre) while others are industrial zones (e.g.

    Hamriyah Free Zone, Ajman Free Zone and the

    Gold and Diamond Park).

    The basic success formula in the different zones

    is 100 percent foreign ownership, corporate tax

    holidays, no personal taxes, freedom to repatriate

    capital and profits, and no import duties or

    currency restrictions.

    Advantages of Free Zones

    100% foreign ownership

    100% repatriation of capital and goods

    No minimum capital investmentA shareholders liability is limited to the

    amount of paid-up share capital

    No currency restrictions

    No corporate taxes

    No personal income taxes

    Ready-made factories and warehouses

    Excellent infrastructure, support services

    and communications

    Access to a consumer market of 1.4 billion

    people

    Ordinary

    Company

    Representative

    Office

    UAE

    Branch Office

    Trading

    in

    Securities

    Services

    and Industries

    relating to

    natural

    resources

    Under the Companies Law, fullforeign ownership is permittedprovided the company appoints aservice agent (a national) with nofinancial liability and no role inmanaging the company.(See3.1(b) UAE Branch Office)

    According to Free Zone laws and

    regulations (See UAE Free Zonespage 67)

    Under the Commercial CompaniesLaw, full foreign ownership ispermitted to foreign companiesprovided the office does notconduct business in the countryand only serves as a base to dobusiness in the region.

    According to an Agreement with the local

    government of each Emirate(see 1.13(a) The constitution)

    (stock market & commodities)Subject to special laws(See Financial IntermediationServices page 35)

    Free Zones

    According to Commercial Companies Law

    (See 3.1(a) UAE Companyand 1.13(c)Company Law and its Update page 27)

    UAE Business Structures

    Investor

    Source: Ministry of Economy

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    Aside from the advantages already available

    to companies in the UAE customs territory (no

    corporate or personal taxes, freedom to repatriate

    capital and profits, low import duties except ontobacco and spirits, no exchange restrictions),

    the free-zone regimes allow 100 percent foreign

    ownership of companies, and hence a full control

    over their activities. Comparative advantages

    in each zone are based on individual locations,

    facilities, areas of specialisation (e.g. motor

    vehicles), and establishment and operating costs.

    Each Free Zone is under the jurisdiction of the

    Emirate in which it is located. Specific advantages

    are therefore decided at emirate level.

    Varied Licensing Options

    The Trade Agencies Law, which regulates a part

    of the domestic trade in the customs territory,

    does not apply to the Free Zones. Various types

    of licences allow operators to practise specified

    activities in Free Zones. At the Jebel Ali Free

    Zone, a general trading licence allows the

    holder to import, export, distribute, and store any

    items in accordance with the zones rules and

    regulations; a trading licence gives the same

    rights, but for specified items only. An industrial

    licence allows the holder to import raw materials,

    manufacture specified products, and export thefinished products. A national industrial licence

    is reserved for manufacturing companies with at

    least 51 percent GCC ownership; it allows duty-

    free sales inside the UAE customs territory.

    The value added by the free-zone company

    must be at least 40 percent of the value of the

    goods to qualify for duty-free sales. A service

    licence allows the holder to carry out the services

    specified in the licence within the zone. The type

    of services supplied must be the same as the

    services supplied by the parent company.

    Another regulatory specificity of the Free Zones

    is the absence of restrictions on hiring foreign

    employees. There are currently few barriers to

    the recruitment of foreign labour in the UAE,

    1. Commercial Agencies: Practice of trade-

    agency functions (registered exclusive

    agency agreements with the Ministry

    of Economy) within UAE is exclusively

    reserved to UAE nationals, either

    individuals or companies totally owned

    by natural nationals.

    Ref: Federal Law No 18 of 1984 concerning the organisation

    of commercial agencies

    2. Only UAE nationals and companies totally

    owned by UAE nationals may supply:

    Real Estate Services

    Rental/Leasing Services relating to Cars

    Services Incidental to Agriculture,

    Hunting, and Forestry

    Services Incidental to Fishing

    Placement and Supply Services of

    Personnel

    Investigation and Security Services

    Passenger and Freight RoadTransportation

    Ref: Decision of the Ministerial Council Presidency regarding

    the economic activities and professions excluded from the

    Decision of the GCC High Council of 2002 / 23rd Session

    3. Travel Agencies and Tour Opera tor

    services are reserved to UAE nationals

    or individuals or companies totally

    owned by natural nationals.

    Ref: Federal Law No 18 of 1984 concerning organisation of

    commercial agencies.

    4. Only the following services, among the

    Audiovisual Services and Recreational,

    Cultural and Sporting Services as

    defined in the WTO List regarding

    Services Sectoral Classification (MTN.

    GNS/W/120: 10 July 1991) may be

    supplied by foreign suppliers:

    Studios for Artistic & Cinematographic

    Production and Photography

    Theatrical Troupes

    Movie Halls

    Theatres

    Halls for Artistic Exhibitions

    Sporting Activities

    Ref: Decision of the Ministerial Council Presidency No 2/203

    of 25 April 2005.

    5. The ownership of Pharmacies,Warehouses of Medicaments and

    Preventative Medicine Centres is limited

    to UAE nationals, either individuals or

    companies totally owned by natural

    nations (Articles 19 & 35).

    Ref: Federal Law No 4 of 1983 on the pharmaceutical

    profession an d

    pharmaceuti cal compan ies.

    Services & Investment Activities reserved for UAE Nationals

    The Free Zones offer full facilities

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    The Free Zones

    Full information on the UAE Free Zones can be obtained at www.emiratesfreezone.com

    Abu Dhabi Industrial City of Abu Dhabi HCSEZ www.hcsez.ae

    Dubai Jebel Ali Free Zone (JAFZA) www.jafza.co.ae

    Dubai Gold and Diamond Park www.goldanddiamondpark.com

    Dubai Maritime City www.dubaimaritimecity.ae

    Dubai Aid City www.dubaiaidcity.ae

    Techno Park www.tp.ae

    Dubai Airport Free Zone www.dafza.gov.ae

    Dubai Silicon Oasis www.dso.ae

    Dubai Flower Centre www.dubaiflowercentre.com

    Dubai Logistics City www.dubailogisticscity.net

    Dubai Internet City www.dubaiinternetcity.com

    Dubai Media City www.dubaimediacity.com

    Dubai Knowledge Village www.kv.ae

    Dubai Outsource Zone www.doz.ae

    Dubai Biotechnology & Research Park www.dubiotech.com

    Dubai Studio City www.dubaistudiocity.com

    International Media Production Zone www.impz.ae

    Dubai Healthcare City www.dhcc.ae

    Dubai International Financial Centre www.difc.ae

    Dubai Multi Commodity Centre www.dmcc.ae

    Dubai Textile City upcoming

    Dubai Carpet Free Zone upcoming

    Dubai Auto Parts City upcoming

    Heavy Equipment & Trucks Zone upcoming

    Dubai Building Materials Zone upcoming

    Dubai Cars and Automotive Zone upcoming

    Dubai Design Centre (TCO) upcoming

    Dubai Auto Zone (TCO) upcoming

    Dubai Energy City (Dubai Holdings) upcoming

    Dubai Academic City (Dubai Holdings) upcoming

    Sharjah Sharjah Airport International Free Zone www.saif-zone.com Hamriyah Free Zone www.hamriyahfz.com

    Ajman Ajman Free Zone ajmanfreezone.gov.ae

    Umm al Quwain Ahmed Bin Rashid Free Zone

    Ras Al-Khaimah RAK Free Zone www.rakftz.com

    Fujairah Fujairah Free Zone www.fujairahfreezone.com

    and foreign employment has been the source of

    economic growth. However, action is being taken

    to counter the problem of the unemployment

    of nationals. Within the Free Zones, premisesmay be owned on leased land, and mortgaged.

    Therefore, a company established in a Free Zone

    that has built its own facility may mortgage its

    premises to a bank or financing company to

    finance its debts or obligations.

    Operators register with the customs authority of

    the emirate in which the Free Zone is located. The

    relevant customs authority delivers import and

    export permits. Products may be brought into free

    zones and duty-free shops, and exported outside

    the country or to other Free Zones and duty-free

    shops, without being subject to customs duties.

    Goods can remain indefinitely in Free Zones.

    All exports from Free Zones are accounted for

    through export declaration. Imports from Free

    Zones and duty-free shops into the customs

    territory are liable to all the normal customs

    duties and taxes (except, as mentioned above,

    the GCC-owned companies that meet the 40

    percent rule of origin criterion).

    Jebel Ali Free Zone (JAFZA)

    Jebel Ali Free Zone Authority manages one of

    the worlds largest and fastest growing export-

    processing zones, and is a leading global trade

    and trans-shipment centre. The zone is built

    around Dubais Jebel Ali Port which is one of the

    worlds largest ports. Upon completion of the

    Jebel Ali Airport, in 2007, Jebel Ali Free Zone will

    be the only one in the region with an airport and

    a port on site. Of the thousands of businesses

    from over 120 countries operating at JAFZA, 76percent are involved in trading, warehousing, and

    distribution; 20 percent in manufacturing; and 4

    percent in services.

    JAFZA is a commercial organisation but is

    financially supported by its only shareholder, the

    Government of Dubai.

    In September 2006, a delegation from the

    Chubu Economic Federation in Nagoya, Japan,

    visited the Jebel Ali Free Zone. Talks focused

    on the investment climate in the UAE and the

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    facilities offered by JAFZA to help expand

    Japanese regional business within the Free Zone.

    JAFZA is home to more than 100 major Japanese

    companies engaged in various industrial, logisticsand electronics activities.

    Knowledge Free Zones

    As of November 2006, Tecom Investments, the

    Dubai governments prime vehicle to spearhead

    the ICT sector, had invested AED11 billion in

    setting up seven knowledge free zones. Tecom,

    which eight years ago launched the emirates

    knowledge clusters, now manages Dubai

    Internet City, Dubai Media City, Dubai Studio

    City, Knowledge Village, DuBiotech, International

    Media Production Zone and Dubai Outsourcing

    Zone. It has so far attracted 2,400 companies

    who together employ 30,000 professionals. The

    ICT sector represents about 4 percent of the

    UAEs GDP.

    Dubai Media City (DMC) and the International

    Media Production Zone (IMPZ) generated much

    interest from the Asian business community at

    the first UAE Asia Investment Exhibition & Forum

    held in Singapore in late 2006. The delegation

    met with the Singapore Media Development

    Authority (MDA) to explore possibilities for

    international collaboration on the development of

    media clusters.

    Industrial Zones

    The emirate of Abu Dhabi is investing heavily in

    industrial free zones and in 2004 established the

    Higher Corporation for Specialised Economic

    Zones (now renamed Zones Corp). Abu Dhabi

    Industrial city (ICAD 1) is already completed andthe emirate plans to set up a further 30 industrial

    zones over the next seven years.

    Dubai Industrial City was launched by Dubai

    Holding to concentrate both heavy and light

    industry away from the urbanisations. Full project

    leasing of the 560 square million foot project is

    expected by 2010 and over 120 projects have

    already been signed up in the development.

    The plans include specialised areas for base

    metal production, chemical, mineral, transport

    equipment as well as food and beverage

    manufacturing.

    Sharjah is developing the Emirates Industrial

    City and the Sharjah Investment Centre, both hugeindustrial areas providing warehousing, industrial

    land, offices and labour accommodation.

    Ajman, Ras Al Khaimah and Fujairah are also

    developing their own specialised industrial free

    zones in order to attract different industries to

    their emirates.

    For detailed information on Industrial Zones

    please see Industrial Development of Each

    Emirate on page 111.

    Dubai Flower Centre

    Dubai Flower Centre takes advantage of one of

    the worlds fastest growing transit hubs. With

    an understanding that the key to successful

    perishables logistics is an unbroken, high quality

    cool chain, DFC has dedicated itself to developing

    and delivering the most advanced facilities in any

    weather. Recently established and positioned at

    Dubai International Airport 1, DFC has a waiting

    list of international companies ready to move in.

    DuBiotech

    DuBiotech is the first fully regulated biotechnology

    park in the Middle East. The development aims

    to be the central hub for all life science industries

    for the Middle East region and offers a vibrant

    environment for key industry players to thrive

    within their sphere of activity. The park offers

    drug discovery, R&D, manufacturing companies

    as well as industry-specific service providers.

    In November 2006, Gezyme Corporation, one

    of the worlds leading biotechnology companies,announced that it would open an office at

    DuBiotech. Genzyme, with 2005 revenues of

    US$2.7 billion, is a leader in the effort to develop

    and apply the most advanced technologies in

    the life sciences. Genzyme will join Amgen Inc.,

    Richard-Wolff, Serono, Eppendorf and Cryo-Save

    who are already residents of the park.

    All DuBiotechs buildings are to be classified as

    LEED certified Green buildings and the complex

    includes a 500,000 square foot animal reserve.

    Residents report on Dubai Internet City:

    We were able to focus on market growth

    without the distractions of organising

    office fit out, telecom services, licences,

    visas, and so on. We are convinced that

    without this essential service, Hampson-

    Russell would have taken weeks rather

    than minutes to establish.

    Adrian Smith,

    Regional Manager,

    Hampson-Russell Software Services

    The environment in Dubai Internet City

    has proven to be vibrant and active, with

    its ever changing, cutting edge technology,

    and melt ing pot of nat ionalities making it

    a truly unique p lace to work.

    David Michaux,

    Chief Executive Officer,

    Scanit: The Security Company

    Dubai Internet City is a magnet for attracting

    the very best the industry has to offer.

    Stphane Rjasse,

    Managing Director,

    Fujitsu Siemens Middle East

    Our market leadership is a direct result

    of the conducive business environment

    provided by Dubai Internet City.

    Joseph Hanania,

    Managing Director,Hewlett Packard Middle East

    We would not have been able to grow as

    fast as we have done, if we had stayed in

    the UK or in Europe.

    Jim Morrison,

    Chief Executive Officer,

    i-mate

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    BUSINESS OPTIONS IN THE UAE

    Several dynamics have contributed to a UAE market

    that is vibrant, competitive and multicultural.In the thirty-five years since the formation of

    the UAE, its leaders have worked assiduously to

    reduce the legal and cultural barriers for foreign

    enterprises operating in the Federation. This

    means that the supply side of the UAE market

    increasingly features traders and businesses

    from all corners of the world.

    Another dynamic in the UAEs brief history to

    date has been the demographic change that has

    created a burgeoning expatriate population. On

    the night of December 6th 2005 when the UAE

    conducted a census of all the people nationals

    and non-nationals who were residing in the

    country at that time, the total number of non-

    nationals was 2,944,159 or 78.1 percent of the

    total population. This means that the demand

    side of the UAE market includes consumers and

    businesses from across the globe.

    But these recent dynamics are only the latest in

    a string of factors in the UAEs history and culture

    that have for centuries meant that the Emirates

    welcome traders from foreign shores.

    Dubai has been well known as an entrept for

    centuries, but it is not the only emirate with a long

    history of international trading. Some of Sharjahs

    economic roots lie in trading links, especially

    with the Far East. Archaeological excavations in

    Ras Al-Khaimah meanwhile reveal that in ancient

    times a settlement with an advanced civilisation

    traded with the Indian sub-continent.

    Traders in the UAE have therefore become

    experienced in sourcing goods from across theworld. Prices are pressured downwards by re-

    exporting, an important aspect of the economy,

    especially in Dubai, and one that has resulted

    in traders placing larger orders and obtaining

    lower prices.

    Todays multicultural UAE market is sophisti-

    cated and value for money is considered very

    important. This has created a demand for high

    value, lower priced products. The UAEs high per

    capita wealth meanwhile has fostered a tradition

    of brand loyalty, observed by both local residents

    and foreign residents alike.A relatively recent aspect of the UAEs

    multicultural market is the slimming of the

    price differentials that once separated higher

    priced western goods from lower priced Asian

    goods. Perceptions of the value and quality

    of Asian goods in the market are improving,

    thus once again making aspects of the market

    more competitive.

    Dubais Global Village epitomises the extent

    to which the UAE market is multicultural. Now

    an annual event on Dubais tourism calendar, it

    started in 1996 as a small site along Dubai Creek

    with kiosks selling products and handicrafts

    from different countries. Today Global Village

    is a substantial tourism attraction for UAE

    nationals, resident expatriates and visitors from

    across the world. At its twelfth extravaganza

    from December 13th 2006 until February 9th

    2007 there were exhibitors from 40 countries

    selling produce at 75 retail outlets and

    50 restaurants.

    Best in Region Philosophy

    Clearly UAE businesses have to differentiate, just

    as the different emirates do in their own marketing

    activities. While Dubai is focused on specific

    sectors such as trading, financial services and

    media, Abu Dhabi is focused on capital-intensive

    industries and Sharjah has carved out its niche

    for small- and medium-sized enterprises. Each

    emirate meanwhile has its distinct tourism

    offering. But a single message permeatesemirate-level marketing: the UAE is committed

    to providing best in region facilities. This is

    why international retail and leisure companies

    and world-class investors continue to flock to

    the UAE.

    Businesses in the UAE also communicate

    the best in region message. Rotana Hotels

    philosophy is to be the leading Middle Eastern

    hotel chain, says the Abu Dhabi-based hotel

    management company. With 21 properties under

    management throughout the Middle East and 21

    additional operations and projects in the pipeline,the company founded in just 1992 is pursuing its

    philosophy by leveraging international know-how

    and local experience to provide hotel owners with

    management services for fees consistently lower

    than those of international competitors.

    Similarly best in region focused enterprises

    are found across the emirates, from the regions

    first and only military and civilian ship builder

    and repairer, Abu Dhabi Shipbuilding to RAK

    Ceramics, which is now one of the worlds most

    successful producers of ceramic and porcelain

    tiles and sanitary ware.

    3.2(a) Price Structure

    With all the hallmarks of an open market economy

    the UAE is committed to liberalised pricing in

    most areas of the economy, a policy that is

    underpinned by the Federations free trade policy

    that allows the private sector to drive economic

    growth with the government acting as regulator.

    The authorities have made substantial moves

    to open up UAE markets to foreign goods and

    services which drives prices down and standards

    up. The UAEs import duties are very low and the

    Federation does not maintain foreign exchange

    controls neither does it impose quantitative

    restrictions on most imports.

    Liberalisation of UAE markets is sharpening

    companies approaches to pricing structures.

    At the beginning of 2007 the UAEs only

    telecoms operator, Etisalat, was preparing

    for the market entry of its first competitor,Emirates Integrated Telecommunications

    Company (EITC), by com-pletely reviewing its

    pricing structure.

    Etisalat said it would offer off-peak international

    rates to business customers at a 35 percent

    discount on current rates. Newcomer EITC

    meanwhile said that said customers signing up

    to its du telecoms services would introduce a

    per second pricing strategy to differentiate its

    offering from Etisalats.

    3.2 A Multicultural Market

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    In sectors where open competition is well

    established, pricing strategies follow the

    norms of an open market economy, and in few

    industries are premium pricing strategies sofirmly embraced as the tourism sector. Hotel

    prices routinely soar during major exhibitions

    while Movenpick and Kempinski stand out a

    mongst super-luxury international hotel

    operators that have chosen UAE locations

    for their premium priced offerings. Kempinski

    operates the opulent Emirates Palace hotel in

    Abu Dhabi but its UAE roots da te back to 1998

    when a Kempinski five-star hotel opened its

    doors in Ajman.

    In few sectors are the tensions between price

    points and the quality of service delivery more

    noticeable than in the airline industry. Sharjah

    capitalised on the opportunities for budget flights

    when its government-owned Air Arabia took to

    the skies.Air Arabia started operations in October 2003

    and can safely claim to be the regions first

    budget airline. Now it looks as if the budget

    carrier will break new ground again by becoming

    the first airline in the Gulf to go for an Initial

    Public Offering if its application to convert into a

    public shareholding company is approved by the

    Ministry of Economy.

    3.2(b) Advertising and Media

    The UAE is the largest advertising market in the

    region, according to figures for the first nine

    months of 2006 issued by Pan Arab Studies and

    Research Corporation (Parc). Advertisers in the

    UAE spent US$736 million (AED2.7 billion) in

    the first nine months of the year ahead of SaudiArabia where spending reached around US$717

    million (AED2.6 billion) during the same period.

    The UAEs advertising industry exceeded the

    entire advertising spend of 2005 (US$630

    million or AED2.3billion) during the first nine

    months of 2006.

    Due to the tremendous economic growth

    achieved by the UAE and the advertising potential,

    the country has also become the Middle East

    home for many advertising agencies who have

    developed advertising campaigns for both the

    country and the region as a whole.

    Table 2. Daily TV Viewing

    Group Minutes per day

    Nationals 200

    Arab Expats 212

    Indians 135

    Other Asians 153

    Westerners ENL* 107

    Westerners NE** 126

    Total 165

    Table 6. Radio Listenership

    Group Sample % listening 7days/wk

    Nationals 232 44

    Arab Expats 246 44

    Indians 234 46

    Other Asians 179 42

    Westerners ENL* 113 48

    Westerners NE** 111 60

    Total 1115 47

    Source: PARC

    Table 1. Television Viewing

    Group Sample % watching 7days/wk

    Nationals 232 81%t

    Arab Expats 246 89

    Indians 234 78

    Other Asians 179 71

    Westerners ENL* 113 76

    Westerners NE** 111 76

    Total 1115 80

    Table 4. Newspaper Readership

    Group% reading newspaper

    7days/wk

    Mins/day

    reading paperNationals 46 50

    Arab Expats 48 45

    Indians 53 35

    Other Asians 60 29

    Westerners ENL* 67 35

    Westerners NE** 69 37

    Total 53 40

    Source: PARC

    Marketing Survey

    In late 2005 the UAE chapter of the International Advertising Association and Zayed University joined forces to conduct a survey of 1,115 UAE residents in all

    seven Emirates. They enlisted the services of Dubai-based Pan Arab Research Centre (PARC), a media research leader and the Middle East partner of the Gallup

    organisation to manage the field work for this ground-breaking study, which was conducted in September/October, 2005.

    Each respondent was asked questions about media usage and attitudes. The survey covered such topics as media ownership, types of media used, language

    of media used, media used for different types of entertainment and information, importance and satisfaction with the media used, and attitudes about advertising.

    Excerpts from the survey are published on the following pages but the full survey can be downloaded at www.arabresearch.com

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    Appliances Total sample Nationals Expat Arabs Indians Other Asians Native English

    (N=1115) (N=232) (N=246) (N=234) (N=179) (N=113)

    Other Television Sets 73.8 92.7 90.2 63.7 69.3 54.9

    Flat Screen Television 41.2 47.8 24.8 37.6 31.8 40.7

    Home Entertainment Centre 17.6 11.6 6.5 17.5 15.6 42.5

    Digital Camera 42.3 44.8 30.1 32.5 31.8 73.5

    Mobile Telephone 92.8 94.8 95.5 90.6 84.9 94.7

    Mobile Telephone with Bluetooth 38.7 70.7 54.1 15.8 15.6 37.2

    Laptop Computer 20.0 15.1 9.8 9.4 8.9 59.3

    Desktop PC 61.9 77.2 69.9 58.5 39.7 65.5

    Access to Internet 58.5 63.4 54.9 53.0 37.4 85.0

    Number of Appliances Nationals Expat Arabs Indians Other Asians Native English

    (N=232) (N=246) (N=234) (N=179) (N=113)

    Flat Screen Television 1.35 1.10 1.02 1.05 1.25

    Other TV sets 2.20 1.40 1.09 1.07 1.37

    Free to Air Satellite TV 1.24 1.16 1.00 1.00 1.00

    Free Cable 1.17 1.19 1.02 1.00 1.00

    Desktop TV 1.08 1.01 1.01 1.04 1.03

    Laptop Computers 1.09 1.04 1.00 1.00 1.04

    Internet Connections 1.04 1.01 1.02 1.00 1.01

    Digital Cameras 1.13 1.01 1.01 1.04 1.08

    Home Theatre Systems 1.04 1.06 1.02 1.00 1.06

    Mobile Phones 2.83 2.17 1.38 1.39 1.50

    Mobile Phones with Bluetooth 2.26 1.77 1.32 1.82 1.17

    Percentages of Households Owning Appliances

    Average Number of Appliances per Household by Nationality

    Source: PARC

    Source: PARC

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    Topic Nationals Expat Arabs Indians Other Asians Native English

    UAE UAE TV Jazeera Papers A. dailies Papers

    Arab Jazeera Jazeera Home TV Home TV Papers

    Iraq Jazeera Jazeera Papers Papers Papers

    Muslim world Jazeera Jazeera Papers Papers Intl. TVArab-Israeli conflict Jazeera Jazeera Papers Papers Papers

    Asian topics UAE TV Jazeera Papers Papers Papers

    European topics Jazeera Jazeera Papers Papers Papers

    USA topics Jazeera Jazeera Papers Papers Papers

    Social issues: UAE UAE TV UAE TV Papers Papers Papers

    Social issues: Expat Arabs Jazeera Jazeera Papers Papers Papers

    Social issues: Asian Expats Jazeera Jazeera Papers Papers Papers

    Social issues: Expat Westerners UAE TV Jazeera Papers Papers Papers

    UAE issues religion Jazeera Jazeera Papers Papers Papers

    UAE issues education UAE TV Jazeera Papers Papers Internet

    Regional business Jazeera Jazeera Papers Papers Papers

    International business Jazeera Jazeera Papers Papers Papers

    Stock market UAE TV A. dailies Papers Papers Internet

    Daily = Arabic language dailies; Home TV = Home country television, Int. TV = International TV; Jazeera = Al Jazeera television; Papers = English-language Daily Newspapers; UAE TV = UAE-based television stations.

    Popular Channels for Breaking News in the Middle East (Rank order)Channels Nationals Expat Arabs Indians Other Asians Native English

    Abu Dhabi TV 2 3 8 7 5

    Al Arabia 4 2 10 10 7

    Al Jazeera 1 1 9 9 6

    BBC World 6 6 1 1 1

    CNN 5 5 2 2 2

    Dubai TV 3 4 6 4 4

    Euronews 8 7 7 7 3

    Sahara TV 7 7 5 3 8

    Star News 9 7 3 4 10

    Zee News 10 10 4 4 8

    Media Penetration Rates, (percentage of households having access)Group Free to Air Paid Cable Internet

    Nationals 66.4 18.5 63.4

    Expat Arabs 78.5 10.2 54.5Indians 44.4 27.4 53.0

    Other Asians 47.5 21.2 37.4

    Native English Speakers 21.2 46.9 84.1

    Top Information Source

    Source: PARC

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    Abu Dhabi National Exhibition Centre

    The decision to build a new exhibition centrefor the UAE was reached by the Government

    of Abu Dhabi because demand from visitors

    and exhibitors had expanded so dramatically.

    Significant opportunities were seen to exist for

    new international exhibitions and conferences.

    In particular, Abu Dhabi is emerging as a

    unique market and the massive developments

    that are planned will support a range of

    significant exhibitions.

    The exhibition complex includes 57,000 square

    metres of gross exhibition floor space, a massive

    21,000 square metres visitor concourse and

    7,500 square metres of multi-purpose halls. The

    new centre also features dedicated conference

    facilities for 1,200 people, banqueting areas and

    more than 30 high-specification meeting rooms.

    The project was completed in good time to

    host the internationally recognised IDEX 2007

    defence exhibition and conference. Built in the

    U-shape that has proven so successful in the

    best venues in the world, the Centre contains a

    central landscaped plaza for outdoor events.

    The focal feature of the complex is an iconic

    soaring tower that curves above the centre and

    looks out to the sea. Innovative in its design, the

    tower is a bold architectural statement that reflects

    ADNECs plans to become an internationally

    recognisable venue. The tower will become the

    brand that promotes the venue and Abu Dhabi

    to the world. Quality exhibitions will play an

    important role in creating international awareness

    of Abu Dhabi, as well as in attracting investment,new industry and business tourism.

    The location for this centre was carefully selected:

    close to the major hotel developments and a short

    distance from Abu Dhabi Airport. The site is only

    45 minutes from Jebel Ali, Dubai. The surrounding

    road network has been planned to allow for easy

    access and exit to the centre and multi-storey

    car parks provide ample capacity for visitors and

    exhibitors. As part of the development, the existing

    Sheikh Zayed Grandstand was refurbished and

    linked to the new halls. Within it will be offices,

    food courts and a range of companies servicingthe exhibition industry.

    Dubai Exhibition City

    Dubai World Trade Centre (DWTC) on December

    4th 2006 unveiled two of Dubais most ambitious

    and strategically important commercial projects

    at Cityscape 2006, the International Property

    Investment & Development Event. The Dubai

    Trade Centre District and Dubai Exhibition City

    were revealed for the first time, providing visitors

    with the opportunity to see the extent and

    ambition of these unique developments.

    Designed to match the worlds highest

    standards of architecture by internationally-

    renowned Hopkins Architects, visitors were

    shown the first phase of the AED16 bill ion master

    plan to create the new Dubai Trade Centre District

    at the heart of the city. The project will see the

    generation of a new business district to rival the

    centres of Singapore, London and New York.

    Plans for Dubai Exhibition City the regions

    first integrated business, event, trade and retail

    destination were also revealed for the first

    time. Dubai Exhibition City will provide a campus

    style office park, a major retail destination, eight

    international standard hotels, and a trade hub for

    international companies to permanently showcase

    their products. The development will be one of the

    most strategically important commercial projects

    in the Middle East and is designed to offer a

    complete solution to business tourists, corporate

    organisations and the event industry. Situated nextto Dubai World Central Airport and adjacent to

    Dubai Exhibition World, Dubai Exhibition City will

    drive business opportunities for the whole region.

    Expo Centre Sharjah

    The UAE is fast becoming a hub for meetings,

    incentives, conventions, and exhibitions (MICE) in

    the Middle East region. Excellent infrastructure,

    superior hotel and conference facilities, tax-free

    benefits, and its strategic regional and global

    gateway position, are some of the reasons why

    the UAE is preferred as a MICE host.Sharjah is one of the emirates at the forefront

    in developing the MICE industry. This emirate

    pioneered the exhibition industry in the Gulf

    with the establishment of an Expo Centre in

    1977 and continues to be one of the regions

    leading organisers of B2B, B2C, and Solo

    Country Shows.

    The Middle East MICE sector received a

    considerable boost in September 2002 when

    Expo Centre Sharjah moved to a new state of the

    art facility.

    The new exhibition and meeting facility was

    a spectacular tribute to the growing importance

    of the UAE as the commercial hub of the Middle

    East, and the Centre has since then established

    itself as a prime meetings destination that offers

    the perfect combination of sophisticated technical

    facilities and professional services across a broad

    spectrum of events.

    In 2005, Expo Centre Sharjah hosted 19 events

    attracting over 609,270 visitors including 10,000

    from overseas. During this period, the exhibitions

    generated AED180 million in revenues for the

    hospitality and tourism sectors in Sharjah. Across

    the UAE, exhibitions in Sharjah are estimated to

    have generated sales of 825,000 room nights

    during the year.

    The UAE is becoming a hub for exhibitions

    3.3 Exhibition Centres

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    3.4 Trade Fairs

    TEKNO

    Janury 2007Dubai World Trade Centre

    Arab Plast

    January 2007

    Dubai World Trade Centre

    Small & Medium Enterprises Expo

    January 2007

    Dubai International Exhibition Centre

    Dubai Property & Investment Exhibition

    January 2007

    Dubai World Trade Centre

    The Wellbeing Show

    January 2007

    Dubai International Exhibition Centre

    Police & Homeland Security

    January 2007

    Dubai International Exhibition Centre

    Intersec Middle East

    January 2007

    Dubai International Exhibition Centre

    Fire Middle East

    January 2007

    Dubai International Exhibition Centre

    Commercial Security Middle East

    January 2007

    Dubai International Exhibition Centre

    Safety & Health Middle East

    January 2007

    Dubai International Exhibition Centre

    Environment

    January 2007

    Abu Dhabi International Exhibition Centre

    Steel Fab

    January 2007Expo Centre Sharjah

    Arab Health

    January 2007

    Dubai International Exhibition Centre

    Middle East Business Aviation (MEBA 2007)

    January 2007

    Airport Expo Dubai

    Arab Wood

    February 2007

    Expo Centre Sharjah

    Multiphase Pumping & Technologies (MPT 2007)

    February 2007

    Beach Rotana Hotel & Towers, Abu Dhabi

    Architectura l Conservation

    February 2007

    Dubai International Exhibition Centre

    Arab Lab

    February 2007

    Dubai International Exhibition Centre

    Middle East Electricity

    February 2007

    Dubai International Exhibition Centre

    International Real Estate & Investment Show

    February 2007

    Abu Dhabi International Exhibition Centre

    Home Owner Dubai

    February 2007

    Madinat Arena, Dubai

    IDEX

    February 2007

    Abu Dhabi International Exhibition Centre

    Gulfood

    February 2007Dubai International Exhibition Centre

    The Perfect Wedding

    February 2007

    Expo Centre Sharjah

    Fashion Jewellery & Accessories & Watch

    & Clock Fair (IFJA & IWCF)

    February 2007

    Dubai International Exhibition Centre

    IFEX UAE

    February 2007

    Abu Dhabi International Exhibition Centre

    Dubai International Wood &

    Wood Machinery Show

    February 2007

    Dubai World Trade Centre

    Sign & Graphic Imaging

    February 2007

    Dubai International Exhibition Centre

    Asian Lifestyle Dubai

    February 2007

    Airport Expo Dubai

    Kioskcom Middle East

    (Dual-Automation & Self-Service Show)

    February 2007

    Crown Plaza, Dubai

    National Career Exhibition

    March 2007

    Expo Centre Sharjah

    AJWEX (International Jewellery

    and Watches Exhibitions)

    March 2007

    Celebration Land, Al-Ayn

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    Franchising Middle East 2007 (FME 2007)

    March 2007

    Dubai International Exhibition Centre

    International Spring Trade Fair

    March 2007

    Dubai International Exhibition Centre

    Chem Middle East

    March 2007

    Sheikh Rashid Hall, Dubai

    IPM Dubai

    March 2007

    Airport Expo Dubai

    Vision X Dubai

    March 2007

    Dubai International Exhibition Centre

    Dubai Anaesthesia

    March 2007

    Crown Plaza Hotel, Dubai

    Cabsat

    March 2007

    Dubai International Exhibition Centre

    Careers UAE

    March 2007

    Dubai World Trade Centre

    Roadex

    March 2007

    Abu Dhabi International Exhibition Centre

    Automotive Aftermarket Middle East

    March 2007

    Dubai International Exhibition Centre, Dubai

    Dubai Boat Show

    March 2007

    Dubai International Marina Club

    Water, Energy Tech. Environment Exhibition

    March 2007

    Dubai International Exhibition Centre

    MOTEXHA Spring

    March 2007

    Dubai International Exhibition Centre

    Aviation Procurement Expo

    March 2007

    Abu Dhabi International Exhibition Centre

    Finance, Real Estates & Construction

    March 2007

    Expo Centre Sharjah

    Dubai Pharmaceutical & Technologies Exhib.

    March 2007

    Dubai International Exhibition Centre

    Cladding Middle East

    March 2007

    Expo Centre Sharjah

    Roof and Cladding Middle East

    March 2007

    Expo Centre Sharjah

    Front Middle East

    March 2007

    Expo Centre Sharjah

    Ginex Expo

    March 2007

    Abu Dhabi International Exhibition Centre

    Gulf Glass

    March 2007

    Expo Centre Sharjah

    Gulf Incentive Business Travel & Meetings Exhib.

    March 2007

    Abu Dhabi International Exhibition Centre

    Dubai Humanitarian Aid

    & Re-development Exhib.

    April 2007

    Dubai International Exhibition Centre

    Arabian Propert ies Exhibition

    April 2007

    Abu Dhabi International Exhibition Centre

    Construct Abu Dhabi

    April 2007

    Abu Dhabi International Exhibition Centre

    Gulf Print

    April 2007Dubai Airport Expo

    Gulf Pack

    April 2007

    Dubai Airport Expo

    International Property Show-Dubai (IPS 2007)

    April 2007

    Dubai International Exhibition Centre

    The Bride Show

    April 2007

    Dubai International Exhibition Centre

    Ambiente Arabia

    April 2007

    Dubai International Exhibition Centre

    Arabcom Expo

    April 2007

    The Emirates Towers Hotel, Dubai

    Global Education & Training Exhibition (GETEX)

    April 2007

    Dubai International Exhibition Centre

    Retail Middle East

    April 2007

    Expo Centre Sharjah

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    Gulf Maritime

    April 2007

    Expo Centre Sharjah

    Photo World Dubai

    April 2007

    Dubai World Trade Centre

    Poultry & Livestock Exhibition

    April 2007

    Dubai World Trade Centre

    Fishing & Aquaculture Exhibition-Middle East

    April 2007

    Dubai World Trade Centre

    Agri Business Expo Middle East

    April 2007

    Dubai International Exhibition Centre

    Dubai Derma

    April 2007

    Dubai International Exhibition Centre

    Middle East Flower

    & Garden Show

    April 2007

    Dubai World Trade Centre

    Alumex Dubai

    April 2007

    Dubai World Trade Centre

    Intl. Medical Care & Diagnostic Exhib.

    (IMD-IHF)

    April 2007

    Dubai International Exhibition Centre

    Dubai Entertainment Amusement

    & Leisure show (DEAL 2007)

    April 2007

    Dubai World Trade Centre

    Emergency Catastrophe Management Exhibition

    April 2007

    Dubai International Exhibition Centre

    World Tobacco Middle East

    April 2007

    Dubai World Trade Centre, Dubai

    APTS Middle East

    April 2007

    Grand Hyatt Dubai

    MidEast Watch & Jewellery Show

    April 2007

    Expo Centre Sharjah

    Arabian Travel Market

    April 2007

    Dubai International Exhibition Centre

    Weddex

    May 2007

    Celebration Land, Al-Ain.

    Middle East Toy Fair

    May 2007

    Dubai International Exhibition Centre

    Lightstyle Gulf Light

    May 2007

    Dubai World Trade Centre

    Interior Lifestyle Middle East

    May 2007

    Dubai International Exhibition Centre

    Hardware & Tools

    May 2007

    Dubai International Exhibition Centre

    Housewares & Homestyle

    ME Exhibition

    May 2007

    Dubai International Exhibition Centre

    Light Middle East

    May 2007

    Dubai International Exhibition Centre

    Hometech Middle East

    May 2007

    Dubai International Exhibition Centre

    Garden, Landscaping & Outdoor Living

    May 2007

    Dubai International Exhibition Centre

    ISH Kitchen + Bathroom Gulf

    May 2007

    Dubai International Exhibition Centre

    Install Middle East

    May 2007

    Dubai International Exhibition Centre

    Event 360

    May 2007

    Dubai International Exhibition Centre

    Musac Expo

    May 2007

    Dubai International Exhibition Centre,

    Dubai

    Wellness & Spas Middle East

    May 2007

    Dubai International Exhibition Centre

    PALME

    May 2007

    Dubai World Trade Centre

    BeautyWorld Middle East Gulf

    May 2007

    Dubai International Convention

    & Exhib. Centre

    Automechanika Gulf

    May 2007

    Dubai International Exhibition Centre

    Materials Handling

    May 2007

    Dubai World Trade Centre

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    Airport Build & Supply Exhibition

    May 2007

    Airport Expo Dubai

    Italian Lifestyle in the Emirates

    May 2007

    Expo Centre Sharjah

    InRetail Expo

    June 2007

    Dubai International Exhibition Centre

    The Hotel Show

    June 2007

    Dubai International Exhibition Centre

    Retail City

    June 2007

    Dubai International Exhibition Centre

    The Office Exhibition

    June 2007

    Dubai International Exhibition Centre

    Hotel Show Dubai

    June 2007

    Dubai World Trade Centre

    Domotex Middle East

    June 2007

    Dubai International Exhibition Centre

    Paper Arabia

    September 2007

    Dubai World Trade Centre

    Dubai Transexpo

    September 2007

    Dubai World Trade Centre

    Arabian Adventure Show

    October 2007

    Abu Dhabi International Exhibition Centre

    Arab Hunting Show

    October 2007

    Abu Dhabi International Exhibition Centre

    Security & Safety Middle East

    October 2007

    Abu Dhabi International Exhibition Centre

    Halal Dubai

    October 2007

    Crown Plaza, Dubai

    Dubai International Seafood Expo

    October 2007

    Crown Plaza Hotel, Dubai

    Dubai Air Show

    November 2007

    Dubai World Trade Centre

    International Aerospace Exhibition

    November 2007

    Airport Expo Dubai,

    Gitex-UAE

    November 2007

    Dubai World Trade Centre

    3.5 Strategic Alliances

    Whatever the size and reputation of the home

    operation, a productive alliance with a national

    company can help international business to be

    more effective in the United Arab Emirates and

    this is also true for all other countries of the

    Middle East.

    The Centre for Applied Research & Training

    (CERT), headquartered in Abu Dhabi, is the

    commercial arm of the Higher Colleges of

    Technology and has been building a reputation

    for excellence in education and innovation since

    1996. Collaborating with the worlds leading

    technology companies since its very earliest days,

    CERT has been able to open doors for companies

    such as Honeywell, Lucent Technologies, Intel

    and IBM.

    It is easy enough for large companies to

    establish and staff a UAE office but to achieve

    optimum business volumes they really do need to INTEL is a resident of CERTs Technology Park

    Intel

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    find a way to interface with the resident decision-makers in the country.

    Multi-discoveries are occurring all the time

    at organisations such as IBM. The companys

    laboratories, which rival anything you would find

    in the public sector, spend some US$10 billion

    on research each year. And a good deal of this

    intellectual property just slides and sits in an

    inventory. This was the case with some IP that

    would eventually be transformed into the biggest

    telematics deal in history. CERT and IBM are now

    working together to provide traffic management

    solutions in the UAE. The vehicle smart box

    that the companies developed jointly is a

    born in the UAE product with regional and

    global possibilities.

    IBM first introduced their technology to the

    UAE by promoting it directly to the government

    and by visiting police departments and the

    municipalities. Inevitably, there was interest in a

    device that could make the countrys roads safer,

    address problems in traffic and fleet management

    and enhance driver convenience, but it was only

    interest at that early stage. These organisations

    are receptors, ready to deploy solutions but not

    to build solutions and appropriate solutions for

    the UAE in this area still needed to be formulated.

    CERT was at the interface between the IP partner

    and the end user and this resulted in a product

    tailor-made for the UAE, a healthy initial order

    from a fleet operator and many other opportunities

    which are now in the pipeline.

    There is no doubt that the reputation of

    individual UAE business leaders influences buying

    decisions in the UAE. There is also no doubt that

    to team up with a well respected Emirati nationalhost company facilitates business. Long after the

    expatriate managers have gone home the Emirati

    nationals will still be in place a fact which inspires

    confidence in potential business partners.

    A local host company can be especially

    important for small foreign companies that are

    less well known in the UAE but still have intriguing

    IP. Cathexis Innovations is one such company

    and it is at the cutting edge of RFID technology.

    Before CERT expressed interest in the

    company, Cathexis made several visits to theUAE talking to people such as Microsoft and IBM.

    Eventually the company came to understand that

    what they really needed was the benefit of a

    national company working on their behalf. In late

    November 2006, CERT announced that it had

    acquired an equity stake in Cathexis following an

    investment of CAN$3 million.

    The dynamic environment of the UAEs

    specialised zones, allows people to get to know

    eachother and share ideas.

    These international relationships in the UAE,

    which take various shapes, have stood the test of

    time. Honeywell has been with CERT for the past

    ten years and now have their systems integrated

    at CERTs Abu Dhabi centre. The company

    has announced that it is to expand its highly

    successful UAE operation.

    Agencies and Distributorships

    The 2006 amendment to the Commercial Agencies

    law will reassure potential investors. The UAE

    government has demonstrated that it is happy to

    allow foreign principals and their UAE agents to

    agree the duration, dispute resolution procedures

    and other terms of contract between themselves.

    The independent judicial system of the country

    will enforce contacts without government

    interference in private business relationships.

    Prior to this amendment, neither party could

    terminate the agency contact except through

    mutual agreement, a decision of the Commercial

    Agencies Committee or by order of the courts.

    This was the situation even if the commercial

    agency contract had expired or the principal

    and agent were in dispute. Under the law, goodswould be barred from entering the country

    without the agents approval. This ban would

    stay in place until the problem was fully resolved

    and this could result in products being unable to

    reach UAE shelves for a considerable time.

    Let it be said that this level of protection to

    the agent often brought positive benefits to both

    sides and stability to the marketplace. Agents,

    who had to be UAE nationals or companies,

    had the confidence to invest heavily in their sole

    agencies which quite often would be their mainor only source of income. No recognition or legal

    protection would be given to a commercial agency

    that had not been registered with the Ministry of

    Economy. Both parties had incentives to actively

    promote and distribute the goods in the UAE and

    create successful brands. Clearly there was much

    to be said for getting things right and maintaining

    a good relationship between principal and agent.

    And often the combination of an excellent and

    well promoted product delivered to retailers by

    people who could hardly know their market better

    delivered the desired results.

    Agents value the protection offered by the

    Agencies Law because the consequences of

    being unfairly dumped by a principal could be

    catastrophic. On the other hand the principals

    were concerned that they could not terminate

    an agents appointment even if the agent were

    in breach of agency terms, the contract or was

    unable to support the product. Even if there was

    justifiable cause for deregistration, the agent

    could seek compensation for his investment in

    setting up and developing the agency.

    There had been very few occasions during the

    previous ten years in which the courts had ordered

    the termination of a commercial agency or its

    deregistration by the Ministry of Economy. The

    principal/agent relationship was like a marriage in

    which there was very little possibility of divorce

    except in the unlikely case that both parties

    agreed. If both sides worked very hard to make

    It is helpful to team up with a national host company

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    a success of it, the rewards could be outstanding

    but a hostile separation would put everything

    on hold.

    The amendment recognises the interests atstake but distances the Ministry of Economy

    from issues agreed by the two parties. Nowadays

    the commercial agency contract runs for the

    duration of its term and then expires unless

    renewed by the agreement of both principal

    and agent. However contracts for unspecified

    periods shall continue indefinitely unless both

    parties agree to move over to a fixed period. The

    courts now decide on deregistration questions

    if the two sides are unable to agree. The right

    to claim damages resulting from the terminationof an agency now applies to the principal as

    well as to the agent. There is a further provision,

    following a Cabinet decision, which stipulates

    that even though an agency exists, certain

    goods may be imported into the UAE whenever

    necessary or whenever required to prevent

    a monopoly. It is important to note that the

    Agency Law relates only to exclusive agencies.

    Furthermore, a foreign principal could appoint

    an exclusive agent but not have the agreement

    registered at the Ministry. A few UAE companiesmay want to see an Agency certificate as part

    of pre-qualification formalities but usually it is

    enough to show evidence that a bond between

    principal and agent exists and that someone in

    the UAE can be held accountable.

    The foreign company may also appoint a non-

    exclusive agency and any number of distributors.

    Then there is the possibility of the company

    setting up a branch to distribute i ts own products

    without the need for an agent. Of course in such

    cases conflict resolution would be outside thescope of the Agency Law.

    The Agency Law provides an option for

    the registration of contracts with the UAE

    government and brings certain benefits including

    predictable dispute settlement. However there

    are other proven options for conducting business

    successfully in the UAE.Dubai Internet City attracts key technology companies

    DIC

    3.6 Imports and Exports

    It takes just six documents, three signatures

    and 18 days to move imported goods from the

    UAE ports to warehouse. According to the latest

    World Bank report, this makes the country one

    of the most competitive in the Middle East.

    The Doing Business in 2006 report (released in

    September) also shows that it takes a business

    just 12 hours to comply with all tax regulations

    in the UAE. The cost of obtaining a licence

    at just 2.1 percent of the countrys per capita

    income is the lowest in the world. With the new

    berths created at Jebel Ali port the average time

    taken to load now is just 17 hours versus six

    days in 2005.

    Imports by the UAE, the Arab worlds second

    biggest economy, grew 12 percent in 2005 to

    US$80.7 billion representing 25.1 percent of the

    Middle Easts total of US$322.1 billion.

    Among Middle East exporters, the UAE ranked

    second after Saudi Arabia in 2005 with a 27 percent

    growth in exports to US$115.5 billion, which is

    21.5 percent of the Middle Easts total exports.

    The Middle Easts merchandise exports

    jumped 35 percent to US$538 billion in 2005,

    more than twice the level recorded only three

    years earlier, according to the latest International

    Trade Statistics 2006, report released in late

    November.

    As the Middle Easts merchandise exports

    consist largely of fuels (69 per cent), it is not always

    realised that the regions exports of manufactured

    goods are also growing rapidly. The UAE has

    become a large trading hub and its exports

    (including re-exports) exceeded US$48 billion.

    Higher fuel prices contributed to changes

    in regional trade flows, boosting oil exporting

    economies and stimulating their import growth

    of goods and services. World exports of fuels

    rose by 41 percent to US$1.4 trillion in 2005.

    This sectors share in world merchandise exports

    reached 13.8 per cent, its highest level in almost

    two decades.

    A prerequisite for doing business in the UAE is

    having the appropriate licences. In particular, all

    entities carrying out trade must be in possession

    of a trading licence. An importer obtains this

    licence from the economic department of the

    emirate in which business is to take place;

    licensing procedures and regulations vary from

    emirate to emirate. The trading licence is valid

    only for the emirate in which it is issued; it

    specifies the products that may be imported, as

    well as the activity of the licensee (e.g. importer

    or construction company).

    The licensee is responsible before the court

    for any liability resulting from consumption of the

    product in the UAE, for example where products are

    found to be faulty or dangerous. Clearing agents,

    who must be GCC nationals, can clear imports

    only on behalf of the licensed importers, and only

    those products mentioned on the licence.

    Under the Commercial Companies Law, the

    trading licence can be obtained by either majority-

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    70 Investors Guide to the UAE

    owned UAE companies or by 100 percent foreign-

    owned branches of foreign companies. However,

    a large percentage of imports take place under

    the Trade Agencies Law, whereby the tradinglicence is held by exclusive commercial agents.

    Under the Trade Agencies Law, importing

    activities, and wholesale and retail distribution

    services, as well as the sale, display or rendering

    of a commodity or service in the UAE, are

    reserved for exclusive agents. An agent must

    be a UAE national, or a company owned by

    UAE nationals; must purchase products or

    services from foreign companies according to

    independent sale agreements and then resell to

    its clients as per other agreements, in its ownname. The agency agreement/contract specifies

    the agent, the principal (owner of the trade

    mark or manufacturer of the brand), the area of

    coverage (one or several emirates), and the brand

    and models of the product that can be imported

    and sold exclusively by the agent.

    In order to benefit from exclusive import and

    distribution rights, the agency agreement must

    be registered with the Ministry of Economy.

    The registration costs Dh5,000 (US$1,360),

    and is renewable annually against payment of

    Dh2,000 (US$545). A foreign company may

    appoint an agent that is not registered in the

    Ministry of Economy; in this case, the contract

    cannot be defended in the court under the Trade

    Agencies Law.

    Import Prohibitions, Licensing and

    Controls

    The GCC Common Customs Law distinguishes

    absolute import prohibitions from restricted

    imports. Each GCC state determines its own list

    of prohibited or restricted products, although

    GCC members are currently working on the

    development of a common list. Imports that are

    prohibited in some member states and permitted

    in others must not transit through the member

    states in which they are prohibited.

    In the UAE, absolute import prohibitions

    are maintained for various reasons, including

    international conventions, environmental pro-

    tection, health and safety, and religious and moral

    considerations. They cover all kind of drugs;

    asbestos; used pneumatic tyres; industrial waste;

    forged and duplicate currency; Habara falcons;ivory and rhinoceros horn; live camels; any

    printed material that does not adhere to religion

    or morals or that is aimed at causing corruption

    and disorder; or materials prohibited under any

    law in force in the country. All imports from Israel

    are prohibited.

    Registration and Documentation

    To export goods of UAE origin, shippers are

    required to provide Customs with an original

    invoice and a completed export declaration.

    Export Prohibitions and Restrictions

    The UAE may restrict oil exports as a result of

    its membership in the Organisation of Petroleum

    Exporting Countries (OPEC).

    In addition, the UAE maintains export controls

    (through permits) on certain products for safety,

    security, and environmental reasons, and to

    ensure compliance with international obligations

    under treaties and conventions (e.g. the Basel

    Convention, CITES, the Convention on Chemical

    Weapons, the Treaty on Nuclear Non-Proliferation)

    to which it is a signatory. It restricts in particular

    exports of dual-use goods that might be used in

    weapons of mass destruction programmes, as

    well as conventional weapons. Permits are alsorequired to export animals and animal products, as

    well as narcotic drugs, psychotropic substances,

    and precursors.

    Export Subsidies, Finance and

    Insurance

    The UAE does not grant or maintain any export

    subsidy within the meaning of the WTO Agreement

    on Subsidies and Countervailing Measures. At

    federal level, the Emirate Industrial Bank, 51

    percent owned by the Federal Government,provides financing at reasonable terms for the

    industrial sector. This includes export credits

    and equity financing. To be eligible, the project

    should have a minimum of 51 percent UAE or

    GCC ownership, should be located in the UAE

    and should have an industrial licence issued by

    the Ministry of Finance and Industry.

    Export Promotion

    Each emirate is responsible for its own promotional

    activities which are coordinated by the relevant

    Departments of Economy or Tourism.

    Source: Ministry of Economy

    Commodity Export Structure 2006

    Crude oil 36%

    Oil by products 4%

    Gas 5%

    Other exports 6%

    Free zone exports 16%

    Re-export 33%

    36%

    4%

    16%

    33%

    5%

    6%

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    BUSINESS OPTIONS IN THE UAE

    Abu Dhabis new exhibition centre has a central plaza for outdoor eventsADNEC

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