• ADA
  • BIS
  • BMZ
  • Danish Ministry
  • Norwegian Ministry
  • Swedish Ministry
  • Dutch Ministry

United Arab Emirates Country Profile

General Information

Political Climate

The United Arab Emirates (UAE) was formed in 1971 after Britain retired from the region. A federal state, the UAE comprises seven emirates which retain a major portion of power. Within each emirate, both the executive and legislative power is strictly controlled by the ruling families. The governing body is the Federal Supreme Council (FSC) where the rulers of the seven emirates sit and appoint a Prime Minister and a cabinet. The cabinet is not formed by party members, as political parties do not exist in the country, but by persons chosen on the basis of tribal connections and economic power, Freedom House 2010 reports. The UAE cannot be defined as a democracy as its only elective body, the 40 members Federal National Council (FNC), has only advisory powers. Moreover, FNC members were elected in 2006 through a very restricted electoral college in what was the first election in the country's history. Although the FNC does not have legislative powers, it reviews all federal draft laws before they are officially adopted and sends them back to the government for amendment. According to the US Department of State 2008, the government accepted 80% of FNC recommendations during 2007.

The US Department of State 2011 reports that today corruption is not a systematic problem. However, UAE authorities investigated several high profile cases, including two former ministers and the former governor of the Dubai International Financial Centre. The situation was worse several years ago. The UNDP Programme of Governance in the Arab Region reports that a case from 2001 involving the director of UAE customs services sparked a debate where the State Audit Institution complained over widespread corruption, while the Ministry of Justice maintained that the case was an exception. As a consequence of the scandal a commission was formed to assess the effectiveness of the anti-corruption legal framework and propose a reform if necessary. In 2005, corruption resurfaced on the government agenda as the Abu Dhabi police published a report describing corruption in various forms as rampant within the local administration. As a response, the Penal Code was amended in 2005 to increase penalties for corruption-related offences.

In a September 2009 newspaper article, high-ranking officials of Dubai police reported a very low number of bribery cases. Allegedly, a majority of these include attempts of bribery by citizens caught in illegal practices, such as driving above the speed limit, or trying to get a VISA permit when not fulfilling legal requirements. Cases of officials actually accepting bribes reportedly 'represent only 1% of total cases'. The police also maintains that only 1% of the complaints are made anonymously, showing that the population has a high degree of trust in the police. The overall picture is that of a quasi corruption-free country. However, corruption is reportedly a problem within the higher echelons of emirates' society. In the wake of the financial crisis, several high profile cases of corruption have been detected. These cases usually involve fraud or embezzlement, but cases of bribery are also registered, especially in connection with facilitating financial deals. A number of real estate and financial companies are under investigation and reportedly AED several billion have been defrauded, embezzled or used as bribe money. These scandals have highlighted what the business community had complained about for a long time, namely UAE's lack of transparency. The government had indeed already made some efforts to improve UAE's reputation in this regard and in a September 2009 interview, the Sheik of Dubai reiterated that his government will fight corruption and restrict the rules that allowed for these corrupt practices to occur.

Business and Corruption

UAE leaders are committed to attracting FDI in the country and becoming an economic hub in line with Hong Kong, London or New York. The UAE government is aware of the importance that transparency and accountability have for business development and to that end the government has established the Department for Foreign Investment at the Ministry of Economy. The Department provides investors with information about regulation, investment opportunities and also provides direct customer service. Companies wishing to invest in the UAE can therefore gather information about investment policies and regulations, as well as about the country in general on the Ministry of Economy's website. Moreover, the federal government has plans to privatise some sectors of the economy to rationalise expenses and attract foreign investors. For example, the UNDP Programme of Governance in the Arab Region reports that the local government of Abu Dhabi - which accounts for about 95 % of the oil production - is trying to modernise the oil sector in terms of technologies and management techniques by engaging foreign companies. At the federal level the largest privatisation projects include water desalinisation and electricity production and distribution. The UAE operates 38 free trade zones where national ownership requirements as well as every import or export tariff are waived if the goods are only processed in these zones and do not enter other parts of the country. The government also offers support services to foreign firms working in the free zones.

Business executives interviewed in the World Economic Forum Global Competitiveness Report 2010-2011 do not cite corruption as a major obstacle to doing business in the UAE. Access to financing, the lack of skilled labour force and restrictive labour regulations instead constitute some of the largest obstacles. A 2009 study, however, highlights the UAE's low degree of good governance, which is especially prevalent in the private sector as a major obstacle. Allegedly, the fast paced economic development undergone in the UAE in recent years has not resulted in modernisation of the way companies are managed. Personal relationships still play a huge role in obtaining and retaining business as well as in company hiring processes. The Bertelsmann Foundation 2010 reports that market competition in the UAE has to improve, as foreign companies still have to rely on local sponsorship if they want to succeed in their business. Moreover ruling families' involvement in the economy provides for an uneven playing field and conflict of interests is a major area of concern since the same person can cover governmental as well as business positions at the same time.

Corruption in the private sector takes the form of fraud or embezzlement rather than bribery, as reported by the police in a 2009 news article. Several cases of senior management from leading real estate and financial companies defrauding their company or shareholders were under investigation in 2009 as well as the previous year. In 2008, top officials of the Dubai sovereign wealth fund, Istithmar World, were investigated for wrongdoing in their position at the Dubai mortgage lender Tamweel. This incident created such an impact that it negatively affected real estate stocks prices in the UAE. Generally however, companies in the UAE rank well in the World Economic Forum Global Competitiveness Report 2010-2011 in terms of their ethical behaviour in the interaction with public officials, politicians and other companies. In the same report UAE also ranks well in terms of the irregular payment of bribes. This is backed up by the US Department of State 2011, which states that there is no evidence showing corruption of public officials to be a systematic problem.

Regulatory Environment

Government regulation is not a big constraint for companies doing business in the UAE, according to the business executives interviewed in the World Economic Forum Global Competitiveness Report 2010-2011. Companies have to be registered to operate in the country and the authorities uphold this requirement strictly. The government has cut red tape to facilitate the establishment of new investors, and is expected to continue a more conducive environment for foreign investment, according to the US Department of State 2011. The procedures to get an operating licence are now reportedly straightforward and publicly available in all emirates. This fact is confirmed by the results obtained under the 'starting a business' criteria in the World Bank & IFC Doing Business 2011. It now takes an average of 15 days and 8 procedural steps at a cost of 6.4% of GNI per capita to launch a business. Building permits could also be obtained faster now than during previous years due to improvements in the online system processing applications. Altogether, the UAE is in the process of implementing e-governance in many sectors to enhance the efficiency of service delivery and eliminate face-to-face encounters between companies and civil servants. Improvement in the oversight of public funds is also likely to occur after the reform of the State Accounting Institution (SAI), which occurred in 2008. It is reported that the SAI will shift its accounting practices from a mere control of the regularity and legality of its spending, to a performance control based on the efficiency of spending and the attainment of its prefixed results.

Investment laws have improved according to the US Department of State 2011 and the environment is now more conducive for business. Investment by foreign nationals is still restricted by law and home companies are favoured over foreign ones, but the regulatory environment is being reviewed to mitigate this discrimination. Currently the Federal Companies Law requires that UAE nationals own at least 51% of commercial companies operating in the country. Moreover, foreign products can only be distributed by fully national owned companies. A new law allowing 100% foreign ownership in health, education, computer and professional service sectors is still being awaited and is subject to Cabinet approval, as reported by the US Department of State 2011. Altogether the new law should improve the FDI inflow and transparency for investors. As for public procurement, the Tenders Law only allows bids by UAE nationals or companies with 51% UAE national ownership. Consequently, international companies wishing to bid for a project have to enter into joint ventures with national companies. The US Department of State 2011 reports that government tendering is not conducted according to generally accepted international standards, and retendering is the norm. The UAE government continues to lead the region in protecting intellectual property rights (IPR), even though some argue that it could do more to stop transhipping of counterfeit goods.

Dispute resolution can be difficult and uncertain, as reported by the US Department of State 2011. Arbitration is a commonly used measure to resolve commercial disputes, but it is reportedly difficult to enforce the awarding, as it must be endorsed by the courts. Court proceedings may reportedly continue for several years. The UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been effective in the UAE since 2006. Any award issued in other member states will consequently be directly enforceable in the UAE. Moreover, UAE is member to the International Centre for Settlement of Investment Disputes (ICSID). The judiciary is not independent from the government, as judges at the federal level are appointed by the Ministry of Justice and in some emirates by the ruling families. The majority of the judges are foreign nationals. Commercial disputes are normally heard by civil courts, but in the emirate of Abu Dhabi, they are first brought before the Abu Dhabi Conciliation Department. In Dubai and Abu Dhabi, the chambers of commerce have established arbitration centres to expedite commercial disputes. The award of such arbitration centres have still to be certified by courts and their enforcement can therefore face considerable delays.