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Transport, Energy & Revolving Synergy
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
A complete spectrum of legal services across jurisdictions in the Middle East & North Africa.
UAE Foreign Direct Investment Developments
The ‘Positive List’ has been released!
On Monday, 1 July, 2019, His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, announced that “a resolution allowing 100 per cent foreign ownership in UAE’s 122 economic sectors [was adopted], giving foreigners 100 per cent ownership of their investment. The sectors include agriculture, manufacturing… transportation, arts, construction, entertainment among others.”
This welcomed update indicates the issuance of the much-awaited ‘positive list’ pursuant to the Federal Decree Law No. 19 of 2018 (“Decree”) permitting 100% foreign ownership by global investors in the UAE mainland.
While the said Decree provided a negative list for sectors in which an FDI application may not be made, it authorised the Cabinet to separately issue a positive list of sectors in which an FDI application would be welcomed.
The ‘positive list’ covers 122 activities in the agriculture, manufacturing, education, health and services sectors. The ‘positive list’ also prescribes a minimum share capital for certain activities and a requirement to register with the Tawteen Partners Club for select activities as well.
The most notable activities under the ‘Positive List’ in each sector include:
| Hospitals | Share Capital value: AED 100,000,000 |
| Medical and dental clinics | Share Capital value in accordance with applicable laws |
| Pre-primary education, primary education, secondary education, higher education and other types of education. | Share Capital value in accordance with applicable laws |
| Retail sale in non-specialised stores (this can include hypermarkets). | Share Capital value: AED 100,000,000 |
| Land and sea transport of goods. | Share Capital value in accordance with applicable laws |
| 51 manufacturing activities including the production of food products (except of bakery products, dairy products and animal feeds). | Share Capital value ranges between AED 3,000,000 – AED 100,000,000 |
| Civil engineering and construction of buildings | Share Capital value in accordance with applicable laws |
What does this mean for businesses and investors moving forward?
The issuance of the federal ‘positive list’ indicates that the other UAE Emirates may begin accepting applications for businesses that fall within the said list. This will mean a more uniform application of the Decree across the Emirates.
The Emirate of Dubai, as of the date of this article, was the only Emirate where the Department of Economic Development (DED) accepted applications made by businesses pursuant to the Decree. The DED in Dubai has registered new companies and converted existing companies to become 100% foreign owned. The applications to the DED in Dubai have been assessed on a case-by-case basis, based on each application’s individual merits. Common criteria included the size of the investment in the UAE and the number of employees to be hired by the business. The DED also requested companies applying for 100% foreign ownership to appoint a UAE national (or a company owned by UAE nationals) to act as a local service agent for immigration purposes.
The approach to activities which do not fall within the ‘negative list’ or the ‘positive list’, such as specialised retail, real estate activities, F&B and operating hotels, is not yet clear. It appears as though approvals in this grey area of activities may be granted on a case-by-case basis at the discretion of the relevant authorities.
Further updates will be issued in once the DED in the various Emirates determine the formal procedure for applications in the sectors listed under the said resolution.
Key Contacts
Samer Qudah
Partner, Head of
Corporate Structuring
s.qudah@tamimi.com
Tala Shomar
Associate,
Corporate Structuring
t.shomar@tamimi.com
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