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Announcement of Instant Visas for the SMEs who are Planning to set up in KSA

One of the biggest obstacles for any entrepreneur or SME setting up their business in a new country is the humungous amount of paperwork needed, particularly in case of getting a licence to operate there. Various governments across the globe understand this challenge and are taking steps to simplify the process of doing business in the country, which in turn, attracts foreign investments and businesses to set up and add to the country’s GDP.

In 2019, Saudi Arabia opened its doors and simplified guidelines to pull in more visitors to the nation. Their visa-on-arrival and online visa application system went live this year on 27 September, and since then, over 50,000 visitors have travelled to the country.

Saudi Arabia, which is the GCC’s largest economy and also houses one of the world’s most profitable companies, has announced its plan to start an instant work visa scheme next month for SMEs and entrepreneurs who are thinking of setting up their base in the country.

“[The work visa service] will enable young Saudis to launch start-up projects, open small businesses, boost economic growth and accelerate business expansion plans, which will have a positive impact on national development.”

Ahmed Al-Rajhi, the minister of labour and social development

The ministry mentioned that this decision was made after undertaking an extensive study into the requirements of SME entrepreneurs. Therefore, this work visa has been designed especially for assisting new small enterprises. Additionally, the service would be available through Saudi’s Qiwa platform that is particularly designed for SMEs. This initiative is likely to also make it easier for Saudis to begin more and more start-ups.

This announcement was made during a meeting held with entrepreneurs from Hail Chamber of Commerce and Industry. It also said that entrepreneurs would now be able to gain from a set of integrated tools made available for SMEs. After an initial grace period, the ministry is planning to introduce a new framework which will nationalise the workforce of these businesses under the Saudi nationalisation scheme named, Nitaqat.

It’s a fact that SMEs are the backbone of any economy. As Saudi Vision 2030 is aiming diversification of its economic dependence away from oil, it is now also working to strengthen the tourism and economic sector by taking new initiatives to attract investors and businesses to the Kingdom. Under the Vision 2030, there are plans to enhance the contribution of SMEs to the country’s GDP from 20% in 2016 (when the vision was announced) to about 35% by the year 2030.

Though further details about the new visa service scheme are yet to be announced, it is a good sign for new businesses, particularly SMEs and start-ups based in the Middle East, who are planning to do foreign company registration in Saudi Arabia and gain from the large economy.

India is Opening up Myriad Business Opportunities for Companies in Central and Eastern Europe

India is Opening up Myriad Business Opportunities for Companies in Central and Eastern Europe. The Commerce and Industry Minister Piyush Goyal announced recently that India is going to open up doors for big business opportunities especially for the companies based in central and eastern Europe. He said this at the India-Europe 29 Business Forum, which was organised by the industry body CII.

“We have lots of opportunities together and I hope we can look for a greater engagement. We have both comparative and competitive advantages. We offer incentives and have slashed tax rates. We have 1.3 billion people who are aspiring for a better quality of life,” he said.

Requesting countries for investments, Goyal highlighted that India is offering various incentives like low tax rates for the investors, which makes it an apt destination for new company formation in India.

The companies in central and eastern Europe are welcome to collaborate with Indian businesses and companies in sectors such as robotics and artificial intelligence (AI), new-age manufacturing and renewable energy.

While addressing the forum, Deputy Prime Minister for Economic and Demography Policy for Bulgaria, Mariyana Nikolova also sought new investments especially from India.

She mentioned that her country can offer a stable and anticipated policy regime and multitude of beneficial incentives for investors.

TS Tirumurti, secretary Ministry of External Affairs also mentioned that central and eastern European countries would gain advantage from the openings that India is proposing in various sectors.

The Path for Family Office Investments and Private Equity in the U.A.E

The topic of a discussion at the recently held Super Return conference in Dubai was – What is the future ahead for the asset management and safeguard of family offices and high-net-worth individuals located in the Gulf Cooperation Council? In the event, the discussion hovered around how the world of family offices was changing. Titled ‘In it together: family offices, private equity and venture capital’, the main point from the event was that the market seemed promising especially for the high-net-worth clients who are thinking of asset diversification, particularly in private equity. They also emphasised how the sector is gaining from the professional attitude of the service providers in the area as the demands on them are increasing.

One of the experts at the event also said that the family offices such as the fund managers in the area, are anticipating more from their providers because the market is growing and there is ever-increasing demand for state-of-the-art technological infrastructure. People managing investments have a preference for service providers who are ready to work as an extension of their back office team and also provide a professional operational oversight function.

Although the investors are giving positive response towards private markets in general, they have been also conveying their caution. This shows in higher expectations of service providers to assist in providing peace of mind. Their requirements on administrators are rising in terms of access to data and information being available on clear and transparent fees. Various managers and investors want them to exhibit the value they are adding to structures. Another expert mentioned that “For private equity investment, Limited Partner (LP) sentiment is reflective of the growing demand within the industry of a greater need for transparency and enhanced reporting. Fundamentally, increased disclosure regarding fees and greater visibility and understanding of the value remains a focus for LPs.”

The need for more transparency comes as no surprise in the area and “The regulator is keen to reinforce the notion that there is no place for weak corporate governance. Investors want the assurance of a robust risk management framework to mitigate operational risks, a feature of which is inherent in the DFSA’s regulation. We have seen it become increasingly likely that fund managers and family offices will seek to secure the services of sophisticated, independent fund administrators. Their ability to provide the additional comfort investors seek from having an independent, comprehensive and robust corporate governance and control framework is a fundamental requirement when managing funds and investor commitments.”  We, at IMC, can guide and support you by playing the role of an outsourced family office or may be a multi-family office. You can also get in touch with us if you need professional assistance on Dubai company incorporation or family office investment in the UAE.

Vast Export and Trade Opportunities for Africa

African countries are set to benefit from the ongoing US-China trade war as it is bringing new opportunities for the continent where they could step up their product and services export capabilities.

Francois Fouche, who is the advisor at Trade Research Advisory, was addressing dignitaries where there were several ambassadors and trade mission officials present at the launch of the 2020 edition of Africa Trade Week in Johannesburg recently.

“South Africa and the SADC region need to export,” Fouche said. “In South Africa alone, while in Q219 there was reasonable quarter on quarter growth, South Africa has not had a very impressive growth run prior to that.  We’re a very small and open economy, and we must participate more in the global market.”

Highlighting that the world’s biggest importers and exporters were also the world’s leading economies, he mentioned that global trade reinforced economic growth. At present, there are massive opportunities available for African exporters to go into various international markets such as China and the US. There are huge opportunities for company formation in Africa and also business or company formation in South Africa.

In order to seek and convert these opportunities, all the nations had to understand the transforming nature of globalisation, he said. “In future, globalisation will be more about what we do than things we make. So, services trade is likely to pick up faster than products trade. Global services trade, at around US$5 Trillion, is still three times smaller than products trade, which is very mature at around US$15.7 Trillion,” he said.

Fouche quoted the ITC survey for the Fifth Global Review of Aid for Trade (2015), which found that the biggest component of trade costs in which all the trade support organizations would most value improvements was accessibility of information regarding export opportunities. “People want intelligence to help grow their exports,” he said.

Lynn Chamier, the Event Director of Africa Trade Week said that networking capability and knowledge sharing are imperative for creating mutually-beneficial trade ties in Africa, and Africa Trade Week is planned to facilitate many such opportunities to do so. Africa Trade Week is one of the major engagement platforms meant for more than 10,000 global industry professionals from 67 countries and it aids broker deals and encourages trade overseas and across the continent.

Africa Trade Week combines three leading exhibitions and conferences, namely, The Hotel & Hospitality Show, Africa’s Big 7 and SAITEX, focusing pan-African trade and business opportunities, products, equipment, services, supplies, innovations, and new technology and solutions.

SAITEX, which has been acting as the major annual product sourcing opportunity for whole of the continent’s retail/trade industry for more than 25 years, highlights a key exhibition and also a two-day Trade Development Forum which offers a platform for strategic intra-Africa trade discussions for various diplomats, government officials, entrepreneurs and top business leaders from around the globe.

Africa’s Big 7 is the exclusive food and beverage trade show held in Africa which invites thousands of stakeholders, buyers and suppliers under one roof and also features a two-day FOODNEXT.AFRICA conference. The Hotel & Hospitality Show in Africa is their leading event for the hospitality industry which features the Hospitality Leadership Forum.

TPCI Collaborates with Singapore’s Monetary Authority for Supporting SMEs

TPCI Chairman Mohit Singla mentioned, “We are ready with its digital infrastructure and are eager… for leveraging the idea of export promotion using the new-age fintech system”.  It will also help businesses in uploading their data related to demand and supply of their goods. In addition, the platform would accept a trade whenever the demand and supply match between two businesses.

Trade Promotion Council of India (TPCI) recently joined hands with Singapore’s Monetary Authority for hand-holding local SMEs for encouraging their exports. There is a plan to create a new platform to offer various services to small and medium enterprises (SMEs); for example connecting the buyers and sellers from different countries, assisting exporters in tasks like custom clearances, options of financing, and custom advisory.

“It will complete the transaction for the matched trade and includes an applications store for the recommendation and listing of applications providing generic services,” he added.

Singla also said that the platform in the pilot phase would be launched during the upcoming edition of its flagship mega show named Indusfood 2020. Earlier in 2019, the business chambers from India and Singapore started a joint venture through micro, small and medium enterprises (MSMEs) to go to the bigger Southeast Asian markets by finalising this MoU which was signed last week. The MoU inked by the Federation of Indian Chambers of Commerce and Industry (FICCI) and Singapore Indian Chamber of Commerce and Industry (SICCI) would offer training, assistance and facilitation to MSMEs of both countries, along with other businesses to aid in establishing bases and joint collaborations . This will not only promote Singapore company incorporation but entrepreneurs are expected to leverage business startup schemes and grants in Singapore. On the occasion of the MoU signing ceremony held following the India 101: Internationalisation Conference, Jawed Ashraf, India’s High Commissioner to Singapore, mentioned, “Singapore has always been a gateway for India into Southeast Asia, and just think of the opportunities that Singapore’s SMEs can have by being a bridge for Indian companies into Southeast Asia.”

Ashraf also said that India, along with the Monetary Authority of Singapore (MAS) is in the process of creating a new platform named, ‘Business Sans Borders’ that would connect Indian companies through Singapore to the ASEAN.

Emirati Visitors Would Now Get Visa on Arrival in India

There’s good news for UAE nationals travelling to India. Now, Emiratis to get a visa on arrival in six airports in India. As per the Indian Embassy in Abu Dhabi, this visa would be valid for a time limit of a maximum of 60 days and would be double entry for tourism, business, conference and medical purposes.

It is going to be applicable for six international airports in India which are Delhi, Bangalore, Chennai, Hyderabad, Mumbai and Kolkata.

But the scheme applies only for people who have previously obtained an e-visa or usual Indian paper visa. Emiratis who are travelling to India for the first time are recommended to apply for either the paper visa or the e-visa.

The statement ‘Introduction of Visa-on-Arrival facility to nationals of the United Arab Emirates’ announced by the Embassy of India in Abu Dhabi on November 17, 2019, mentioned that this service has a goal of further fortifying tourism and also trade relations and strategic relations between these two nations.

UAE nationals who are coming to India can now obtain on-arrival visa starting from November 16, 2019, announced the Government of India. This move has an objective to further solidify people to people and the business links in these two countries.

The criteria for UAE nationals:

  • This visa-on-arrival service is applicable only for those Emiratis who have obtained an e-Visa or usual paper visa previously for travelling to India.
  • UAE nationals who are travelling to India for the first time will have to apply for regular paper visa or e-Visa for India.
  • Pakistan-origin nationals of UAE would not be eligible for this visa-on-Arrival scheme.
  • All other pre-requisites and conditions, which are applicable for Japanese and South Korean nationals, would also be valid for Emiratis.
Mediation in the Middle East: Prior and Post the Singapore Convention

The United Nations (UN) Convention on International Settlement Agreements Consequent of Mediation, known as the Singapore Convention on Mediation (the ‘Singapore Convention’), was inaugurated for signatures on 7 August 2019.

This boasts of 46 signatories or countries, out of which five are a part of the Middle East. When paralleled to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (the ‘New York Convention’) in total numbers of Middle Eastern signatories, it seems that the Singapore Convention was not received as heartily as the New York Convention (which has about 13 Middle Eastern signatories). But while looking closely and when comparing as per the number of Middle Eastern signatories when being inaugurated (just Jordan from the Middle East had signed the New York Convention on 10 June, 1958), then the projections of the Singapore Convention immediately seem brighter in the region

Some Key Highlights of the Singapore Convention

The Singapore Convention has been greeted as the “missing piece” in the framework of global dispute resolution enforcement. It creates a framework for the cross-border recognition and also enforcement of various settlement agreements (Article 3 of the Singapore Convention) and targets to get certainty and stability to the global framework on mediation. Some notable provisions of this include:

1. Lucidly-defined Application Scope

Article 1(3) of the Singapore Convention impedes settlement agreements which are enforceable like court judgments or arbitral awards from its application. This has established a well-defined arena for exercising this Convention and eradicates probable overlaps with any other conventions which regulate global trade like the Hague Convention on Choice of Court Agreements (2005) and the New York Convention.

Though the New York Convention would continue to administer and oversee settlements attained through mediation which are part of Med-Arb and Arb-Med-Arb processes, the Singapore Convention would now allow an equal level of authority to settlements exclusively ensuing from mediation. Thus in a way, this will assist in establishing mediation as a more effective and an independent way of Alternative Dispute Resolution (‘ADR’), as compared to a secondary step in the arbitration process.

2. Procedural Safeguards

Articles 5(1)(e) and (f) of the Singapore Convention stipulate that the competent authority might decline relief on the grounds of “serious breach of standards applicable to the mediator or the mediation” and failure to disclose “circumstances that raise justifiable doubts as to the mediator’s impartiality or independence”.

Intriguingly, the Singapore Convention doesn’t specify the criteria that is to be used to evaluate the conduct of the mediation, the mediator or his impartiality. Since the Singapore Convention doesn’t offer any examples or instances for either provision, and as there is no soft law or regulation on which States could rely (contrary to arbitration, mediation gets insignificant attention from global associations), the responsibility for elucidating these regulations now resides with the capable authorities in all the ratifying States.

Therefore, wherever needed, the signatory States would have to include regulations or standards in their own national laws before they would be able to endorse the Singapore Convention. In turn, this might encourage the manufacture of soft law instruments to restructure and streamline these standards. Consequently, there would surely be the formation of standards which have been elusive in mediation so far, except from the generating more awareness and debating mediation in the near future. It is important to note that the recently-inaugurated Saudi Centre for Commercial Arbitration (‘SCCA’) offers a code of ethics for various mediators in Saudi Arabia.

Prospects of Mediation in the Middle East

The initial response of the Singapore Convention in the Middle East is should surely not be considered as reflective of its eventual success. As State parties may assent at any stage to the Singapore Convention, it is very likely, that the countries in the Middle East who have still not signed the Singapore Convention would soon do so to keep up with the growing demand for mediation in this region. For instance, in just UAE, the Dubai International Arbitration Centre (‘DIAC’), which resides under the ambit of the Dubai Chamber of Commerce and Industry, registered 127 mediation cases which were valued at Dh18 million (almost US$ 4.9 million) in the first quarter of the year 2018.

With the necessity to align their national laws with their obligations under the Singapore Convention, all the signatories in this region would have to alter or come up with dedicated and standalone national laws regarding mediation. Though there is much that remains to see with regards to how well, and through which strategies, all of these nations would implement the Singapore Convention in their areas, one thing that remains certain is that mediation in the Middle East is surely in for a facelift and carries a view of a very assuring future.

Recent Changes to the UAE Penal Code: Three Key Amendments to be aware of

H.E. Sheikh Mohammed Bin Rashid Al Maktoum, the Vice President and Prime Minister of the UAE and Ruler of the Emirate of Dubai, has the vision that justice should be governed quickly and efficiently. Therefore, the UAE Attorney General delivered a new decree on the Penal Order. The Order includes five articles stating the criminal offences and penalties that could be issued by public prosecutors as per their jurisdiction and grades. This Order brings about a number of considerable changes to the administration of criminal justice in the UAE, out of which, the three most important ones are explained as follows:

1. More offences to be managed instantly by public prosecutors

A number of crimes mentioned in the Order might be disposed of by public prosecutors instead of transferring them to the criminal courts. This step is meant to avoid long and complex processes before the criminal courts for reducing the overload of criminal cases in the UAE criminal courts which eventually might enable speeding up the process of criminal justice.

The Order tackles almost 30 offences, counting defamation, bounced cheques offences, traffic, and allows members of the Public Prosecution Department whose grade is not any lower than a senior prosecutor for issuing penal orders.

A limited form of appeal has been included: members of the Public Prosecution Department whose grade is not any lower than a chief prosecutor may change or withdraw any penal order within seven days of the date it was issued. The Case Examination and Follow-up Department in the Attorney General’s office is authorised to deliberate mitigating the penal order and, if suitable, withdraw or substitute a penalty with community service.

 2. More sentences will be mitigated

The Order considerably reduces or mitigates a number of sentences instructed under the UAE Penal Code (Law No. 3 of 1987). The Order comprises 20 offences overseen by the Penal Code 18 which includes imprisonment and/or fine. But under the Order, these offences would be now punishable by just a fine which will not go over a recommended limit. The phrasing of Articles 1 and 2 of this Order leave the interpretation to the public prosecutor’s discretion to judge the offences as per the Order’s provisions. Ideally, the public prosecutor may have an option to those provisions or can follow the regular process of transferring offences to the suitable criminal court. It is important to note that the Order is tongue-tied on the criteria that should be practiced by public prosecutors while exercising their prudence.

3. Lower penalties in case of dishonoured cheques

Bounced cheques of an amount lesser than AED 200,000 (circa US$54,500) are considered within the ambit of the Order. Article 3(16) says that fines of AED 10,000 (circa US$27,22) would be applicable to individuals issuing cheques in bad faith, who don’t have sufficient funds and given the cheque amount is over AED 100,000 (circa US$27,229) but not higher than AED 200,000 (circa US$54,500).

The fine amount would be decreased as a pro-rata amount from the bounced cheque. In case the cheque amount is not over AED 50,000 (circa US$13,610), then the fine would be AED 2,000 (circa US$545). But if it’s more than AED50,000 (US$13,610) and doesn’t surpass AED 100,000 (US$27,229), then the fine would be AED 5,000 (circa US$1,360). This offence is punishable under Article 401 of the Penal Code and the criminal would get imprisonment of up to three years or has to pay a fine (between AED 1,000 (circa US$272) and AED 100,00 (circa US$27,229).

If there are multiple cheques relating to the same parties and their collective value is over AED 200,000 (circa US$54,500), then the Public Prosecution Department would combine such offences and would refer them to the Criminal Court.

For a Victim, a Fine is not a Solution

A fine in case of a dishonoured cheque is a criminal punishment; however it is not essentially a solution to the victim creditor. The public prosecution would directly implement any fine imposed using the accessible enforcement measures. This would leave the creditor with no solution rather than filing a civil suit for gaining a judgment compelling the debtor for paying the cheque amount.

Ideally, creditors should opt for the normal civil proceedings. Per the Civil Procedure Law (Law No. 11 of 2015) and the Executive Regulations of the Civil Procedure Law No. 57 of 2018, any creditor has the privilege to ask for adjudication of its application on a summary basis (that is before the fast-track court) by presenting a claim categorising the dishonoured cheque as a debt instrument. But, many UAE courts that are discarding this approach and rather preferring to study the merits of the claims instead of concluding them on a summary basis, results in a lengthier procedure. The Dubai Civil Courts usually ends up dealing with such claims on a summary basis.

Deterrent Penalties

It has become apparent that cheques do play an important role in the national economy, as majority of transactions involve a cheque. Thus, it is imperative that law enforcement must uphold integrity and reliability of cheques as an authentic method of payment. So it is vital to apply stern penalties to offenders or else, its reliability would be prejudiced.

MGI Worldwide and CPAAI Merge Create Major International Accounting Network

Global accountancy network MGI Worldwide, headquartered in the UK, and association CPAAI (CPA Associates International),with its headquarters in the US, have announced that they will be merging on 1 January 2020 to create a new organisation with 257 member firms around the world.

The deal, finalised recently in Dubai, UAE, will create an organisation with revenues approaching $1 billion, placing it in 16th position in the current global accountancy network ranking. Both organisations have been active for more than 60 years in their markets and combined will offer clients access to almost 9,000 professionals in almost 100 countries. The merger will also offer member firms greater resources, access to more expertise in new jurisdictions, a wider range of services and stronger brand recognition. Global quality assurance will be available to CPAAI firms as they join the MGI Worldwide network. The two groups’ well-established markets, with CPAAI especially strong in the US, China and Mexico and MGI Worldwide with a greater global reach, are highly complementary.

The deal was agreed by members at the time of the MGI Worldwide global annual general meeting in Dubai, UAE – with many making use of the latest technology to vote and take part in the debate via live-streaming. Clive Viegas Bennett, CEO of MGI Worldwide, said: “This merger greatly strengthens the already solid market positions of both organisations and the resources for our member firms. Our new global and regional management team will be unbeatable. “For members, our coming together will bring a wide range of new benefits, access to more business opportunities, wider geographical scope and significant knowledge and technology exchange. “The merger will help us not only retain the excellent firms within our existing organisations but also attract new members who are looking for a different approach and greater support from a global international network.”

Michael Parness, the President of CPAAI, added: “Our organisation and MGI Worldwide have a lot of shared values, a similar client base and business DNA, so this merger makes sense in a world that is becoming ever more interconnected. “Clients remain at the heart of all members firms’ objectives and the merger ensures that they will be able to call on the expertise and support they need – regardless of where they operate in the world. “We are very excited about what the future holds for our newly formed organisation and we cannot wait to start developing new strategies and connections so that we can grow and flourish in this competitive marketplace.”

The new group will be co-chaired by Roger Isaacs, the Chairman of MGI Worldwide and Jim Holmes, the Chairman of CPAAI. Clive Viegas Bennett will serve as Chief Executive Officer, with Michael Parness as Chief Operating Officer.

The organisation plans to hold more regional meetings for its members in North America, Latin America, Europe, UK & Ireland, Africa, Asia, Australasia and the Middle East, to keep them abreast of technical and business developments, exchange business and expertise and deepen their strong regional structure.

To find out more about each organisation and the merger, please visit www.cpaai.com and www.mgiworld.com

Doing Business in Saudi Arabia Becoming Simpler

Saudi Arabia had announced multiple reforms in eight sectors which were being supervised by the World Bank.

Last week, there was an inauguration of the World Bank report on “Ease of Doing Business” in Saudi Arabia where various senior government officials, international diplomats, leading entrepreneurs and media was present. The presentation quality and the content were impressive.

The Commerce and Investment Ministry, led by Maid Al-Qasabi, was the main reason of these accomplishments in coordination and collaboration with other ministries. The World Bank report on “Ease of Doing Business” in Saudi Arabia was created on the basis of interviews with almost 50,000 international private-sector executives, who had found the Kingdom and made the utmost progress in the area of start-ups.

With regards to indicators, the Kingdom has come out with distinct rankings. For example, for setting up a new business, the Kingdom stood at the 38 position. It took the 28 ranking for receiving various permits, 18 place for electricity access, 19th position for property registrations, and the third rank for safeguarding minority investors. But, it slipped down a bit in regard to trading across borders (86 place), tax payments (57 position), enforcing contracts (51 rank), and resolving insolvency issues (168 place).

The result of this report has been mentioned is in the mainstream of the Saudi Vision 2030 mission, which aims to rely lesser on oil-based revenues and alongside implement the above-mentioned reforms to enhance revenues also from non-oil sectors and economic drivers. To go to the next level of reforms, Saudi Arabia should improve transparency even further, encourage fair competition and even better governance.

Though there is some degree of perplexity in the private sector of the country, which is still facing challenges in operating or establishing new businesses. Therefore, Saudi National Competitiveness Centre (NCC) should lay more emphasis on making the local sector completely aware of these improvements and how to take advantage from them in an effective and quick manner.

The announcement of this report is very timely with just a week for the Future Investment Initiative (FII) conference to happen and with various high-stature governmental delegations participating from the US, India, and Switzerland. It should offer more assurance in foreign direct investments (FDI) in various sectors in the nation.

The country and entrepreneurs should take advantage of the country’s rankings, while inviting international collaborations and partners to gain benefit from the new investment opportunities in Saudi Arabia.

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