The final Law Update of 2022 is here, and it’s packed full of articles. The double edition features two focus areas, first is a spotlight on Energy and Resources and second we feature a collection of articles on Transport and Logistics. The developments occurring in these sectors in the MENA region are unprecedented and our lawyers cover vast themes for you.
The Energy and Resources focus features topics such as diversifying energy resources, solar PV, mining in the Middle East, renewable energy and green hydrogen. From a transport perspective, we draw attention to the Bahrain metro project, discuss the challenges and remedies associated with the repossession of an aircraft, and there is advice on what to consider should a party vary the terms of a shipping contract.
This edition navigates you through updates from across jurisdictions such as, Oman, Jordan, Saudi Arabia, Egypt, Iraq, Qatar, and the UAE. Each article is timely and provides insights into legal issues and cases that are affecting these sectors across the region.Read the full edition
This article seeks to provide a high level outline of the current customs implications applicable to manufacturing entities in Dubai’s mainland and free zone jurisdictions.
Customs Regime Applicable in the UAE’s Mainland Jurisdiction
A limited liability company (“LLC”) incorporated in the UAE’s mainland jurisdiction, under the commercial companies law, Federal Law No.8 of 1984, is required to be owned at least 51% by UAE natural person or a corporate entity which is wholly owned by UAE nationals. The new federal commercial companies law, expected to come into force in mid-July 2015, maintains this requirement.
Importing into the UAE
In order to be able to manufacture goods, a mainland LLC will require an industrial production licence. Having an industrial production licence entitles mainland LLCs to import raw materials and machinery into the UAE (for the purposes of being used by the importer to manufacture products) without paying customs duty at the point of entry into the UAE (typically 5% ad valorem although this may vary depending on the type of goods) In the UAE, no customs duty is levied upon the exportation of goods outside of the UAE.
Exporting out of the UAE
The products manufactured by such mainland LLCs will be subject to customs duties, upon their importation into another country, which will vary depending on the respective customs regulations of such country.
Exporting from the UAE to GCC or GAFTA states
Customs duty exemptions may be secured by a mainland LLC with an industrial production licence manufacturing goods in the UAE when importing such goods into:
Such exemptions are subject to obtaining a certificate of origin and a value added certificate for such goods from the UAE Ministry of Economy (“MoE”).
In order to obtain a certificate of origin and value added certificate from the MoE, there are two pre-requisites:
Customs Regime Applicable in the UAE’s Free Zones:
Unlike mainland LLCs, free zone companies are licensed by the free zone itself rather than the Dubai department of economic development. A free zone company can be owned 100% by foreign investors and still be eligible for an industrial licence to manufacture goods in the free zone.
Importing into a free zone
Free zone companies can import raw materials and machinery into the free zone without having to pay customs duty upon importation of such goods into the free zone. Likewise, in free zones, no customs duty is levied upon the exportation of goods outside of the free zones.
Exporting outside of a free zone (including GCC and GAFTA states)
Customs duties will be levied on such goods upon importation into other countries (including the GCC countries and GAFTA members), depending on the customs regulations of the specific destination country. Free zone companies with an industrial licence are not eligible to obtain certificates of origin and value added certificates from the MoE for their goods and, therefore, such entities are by default not eligible for the customs duty exemptions under the GCC Customs Law and the GAFTA.
The Unique Case in Jebel Ali Free Zone
Pursuant to Jebel Ali Free Zone’s (“JAFZ”) Rules & Regulations Law No.999 of 2005, a corporate entity set up in JAFZ can obtain a national industrial licence subject to having 51% of its share capital owned by GCC nationals and satisfying the criterion of 40% local value addition to the goods. This is different from the abovementioned mainland industrial production licence and the free zone industrial licence.
Subject to MoE’s approval, such an entity may also secure certificates of origin and value added certificates from the MoE. Such certificates may enable a manufacturing entity to import products manufactured in JAFZ from JAFZ into the UAE mainland without the payment of customs duty (subject to Dubai Customs approval). However, in practice, such certificates are unlikely to entitle the holder to secure any of the above-mentioned customs duty exemptions under the GCC Customs Law or the GAFTA (pursuant to Article 88 of the GCC Customs Law, free zone goods are explicitly treated as foreign goods and, although the GAFTA does not make reference to free zones or free zone goods, it is implemented to exclude free zones).
Under the existing customs regime, the practice is as follows:
Therefore, it is safe to say that if the objective is to set up a manufacturing entity to serve customers based in the GCC or in any GAFTA member state, a good business strategy would be to set up a UAE mainland LLC in order to avail itself of the customs duty exemptions described above. It is anticipated that such customs duty exemptions will in future also extend to manufacturing entities set up in the UAE’s free zones, however, until such time a UAE mainland LLC is the optimal choice.