45
CHRISTOPHE BOERAEVE - PROFESSOR - INTERNATIONAL TAX & CORPORATE LAWYER WWW.LAW-RIGHT.COM UAE SWIMMING IN FOREIGN WATERS ? DOING BUSINESS ABROAD

UAE - Swimming in foreign waters - Tuesday october 11 at EASME

Embed Size (px)

Citation preview

Page 1: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

CHRISTOPHE BOERAEVE - PROFESSOR - INTERNATIONAL TAX & CORPORATE LAWYER

WWW.LAW-RIGHT.COM

UAESWIMMING IN FOREIGN WATERS ?

DOING BUSINESS ABROAD

Page 2: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

Q

Page 3: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

25

50

75

100

125SME

INSTRUMENT

INNOVATORS SUMMIT

10 - 11 OCTOBER, 2016 / BRUXELLES, BELGIUM

https://events.b2match.com/e/innovators-summit-2016

https://ec.europa.eu/easme/en

European Commission, Executive Agency for Small and Medium-sized Enterprises (EASME)SME SUMMIT Event Team

Marco MalacarneDIRECTOR

Page 4: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

1.6 billion

World Muslim population (Pew Research Center, 2014)

United Arab EmiratesAn entry door to the MENA region -Islamic statesYou want to grow and expand abroad Europe? Scaling up businesses implies important changes and challenges for enterprises from decision making, to people management, deploying abroad, finding partners and ensuring cash flow, expending your line production and sales/distributors on international level. Which legislation is relevant for me and what are the ‘golden (cultural) rules’ to respect?

23% OF THE WORLD POPULATION

THE STATE OFSMALL & MEDIUM

ENTERPRISES (SMES) IN DUBAI

http://dubaisme100.ae/Data/ResourceCentre/SME_Report_English.pdf

Page 5: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

United Arab Emirates: Swimming in foreign waters -

doing business abroadModerator: Mrs Isabel Nolle, Mr Ted Erikkson

14’PRESENTATION

YOU WILL NOT BE CHARGED IF YOU ASK QUESTIONS

7’DISCUSS AND PREPARE

QUESTIONS

“Collective intelligence" or collective wisdom in the room

7’COLLECTIVE /

HORIZONTAL ANSWER TO QUESTIONS

The “world café” style intends to facilitate open and intimate

discussion, and link ideas within a group of maximum 30

people

Page 6: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

255075

100125

MUSLIMS-CHRISTIANS-JEWS-ATHEISTS-BUDDHISTS…

30%

52%

WHAT DO WE HAVEIN COMMON ?

Page 7: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

EU - UAE RESIDENTS“You, the people, have the power (...)

The power to create happiness! You, the people, have the power to make this life free and beautiful, to make this life

a wonderful adventure.

Let us fight to free the world, to do away with national barriers,

to do away with greed, with hate and intolerance. Let us fight for a world of reason, a world where science and progress will

lead to all men’s happiness.”

Charlie Chaplin, The Great Dictator, 1940.

“Our job is to provide an environment that unlocks women’s potential – one that protects their dignity and femininity, helps them create the necessary balance in their lives, and values their talents and potential. Given this environment, I am confident that women will perform nothing short of miracles.”

Mohammed bin Rashid Al Maktoum, Flashes of Thought

IN WHAT WAYS WILL WE CONNECT ?

“The race for excellence has no finish line.”

― Mohammed bin Rashid Al Maktoum, رؤيتي

Page 8: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

نهيان آل سلطان بن زايد بن Sheikh Khalifa bin Zayedخليفةbin Sultan Al Nahyan

Page 9: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

QUAM NUNC PUTAMUS PARUM CLARAM, ANTEPOSUERIT L ITTERARUM

آل راشد بن محمدمكتوم

Sheikh Mohammed bin Rashid Al

Maktoum

Page 10: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

ABDUL BASET AL JANAH

Alexandar Williams

SAMI DHAEN AL QAMZI

CHIEF EXECUTIVE OFFICER, DUBAI SME

DIRECTOR GENERAL, DEPARTMENT OFECONOMIC DEVELOPMENT – DUBAI

DIRECTOR, BUSINESS DEVELOPMENT, DEPARTMENT OF ECONOMIC DEVELOPMENT, DUBAI

Page 11: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

Mohammad Ahmad Al Bowardi

Khaldoun Khalifa Al Mubarak

Enrico M. Villa

HTTPS: / /WWW.LINKEDIN.COM/COMPANY/GOVERNMENT-OF-ABU-DHABI -TECHNOLOGY-DEVELOPMENT-COMMITTEE

DIRECTOR ENTERPRISE DEVELOPMENT AND INNOVATION, ABU DHABI TECHNOLOGY DEVELOPMENT COMMITTEE

CHAIRMAN - EXECUTIVE AFFAIRS AUTHORITYVICE-CHAIRMAN -

ABU DHABI TECHNOLOGY DEVELOPMENT COMMITTEE

"We aim for Abu Dhabi to be an Emirate in which the benefits of science and technology pervade every aspect of life, empowering

the Nation, transforming the economy, and inspiring the people."

      

CHAIRMAN - ABU DHABI TECHNOLOGY DEVELOPMENT COMMITTEE

Page 12: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME
Page 13: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

Aliquam nonummyJohan

BEERLANDT

CHRISTOPHE BOERAEVE

Qaisar Hijazin

QUAM NUNC PUTAMUS PARUM CLARAM, ANTEPOSUERIT L ITTERARUM

CHAIRMAN OF THE ABLCC

SECRETARY GENERAL OF THE ARAB-BELGIAN-LUXEMBOURG CHAMBER OF COMMERCE

PROFESSOR & INTERNATIONAL TAX - CORPORATE LAWYER

Page 14: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

25

50

75

100

125

Christophe BoeraeveLaw Right

TAX & CORPORATE Lawyer - Business Coach - EU EXPERT in the EU HORIZON

2020 PROGRAM

https://prezi.com/-nteypgvqp4z/conducting-business-effectively-in-the-uae/

https://be.linkedin.com/in/cboeraevetaxlawyer

http://www.law-right.com/international/united-arab-emirates/

Tel: +32 2 643 11 00Fax: +32 2 643 11 08Avenue Brugmann, 183 - 1190 Brussels - BelgiumMobiles: Belgium +32 485 69 50 22 - UAE +971 56 760 0925Web: law-right.com

I am a Belgian and UAE resident, friend of the Middle-East Companies and Private individuals.

I am specialized in International Tax Structuring & Planning, Corporate Taxation for Enterprises and Individuals, Cross-border Tax aspects, Restructurings, Company law, International mobility, Contract drafting, Inheritance, Treaties, Estate transactions & Contract law.

Page 15: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

COMPANY NAME, 5647 STREET ADDRESS, COUNTRY

SOLLEMNES IN 2020

YOUREMAIL@MYEMAIL .COMPHONE: 1(355)979 68 76

HTTP: / /OW.LY/DG0R304ZJYU

Page 16: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

255075

100125

HOW MANY UNITED ARAB EMIRATES ?

30%

52%

http://government.ae/en/seven-emirates

اnلnمnتnحnدnة nةnيnبnرnعnلnا nتnاnرnاnمnإلnا nةnلnوnد

Page 17: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

255075

100125

HOW MANY GCC COUNTRIES ?

30%

52%

http://www.gcc-sg.org/en-us/Pages/default.aspx

اnلnعnرnبnيnة nجnيnلnخnلnا nلnوnدnل nنnوnاnعnتnلnا nسnلnجnم

Page 18: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

UAECHIEF EXECUTIVE OFFICER, DUBAI SME

This first-ever report provides both the macro and micro picture of SMEs

operating in the overall SME economy as well as in the sub-sectors of

trading, services and manufacturing. It is hoped that the report will serve

as a reference point for all key stakeholders in economic development at

the emirate and federal levels.

ABDUL BASET AL JANAHI

Page 19: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

First of all, the overall productivity of SMEs, and by extension, their competiveness is comparatively lower than their counterparts in Singapore and South Korea.

Secondly, adoption of technologies in improving efficiencies, processes and services among Dubai’s SMEs is still lacking.

Thirdly, our SMEs also need to improve their overallcorporate governance, especially financial governance and transparency, if it seeks to operate in global markets and attract investors and seek business collaborations.

Page 20: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

Technology Evaluation in

the UAE

https://prezi.com/qg0qmkxhgb-4/mr-boeraeve-presentation-technology-evaluation-4/

Fourthly, our SMEs need to improve their HRcapabilities by hiring and rewarding the right talent, and making their organisations a great place to work.

Finally, our SMEs also need to invest in innovation, and create a culture of innovation in their firms to ensure new markets, products and services. clari, fiant sollemnes in

Roundtable on May 13 2013 at DUBAI SME as a Board member of

Micro Automation Industries (http://www.microautomation.net).

Page 21: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME
Page 22: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

Dubai to become the best

place to start, grow,

invest in and expand SMEs to

be global enterprises

Page 23: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

SMES IN DUBAI ARE FOUND TO HAVE A HIGH FOCUS ON DEVELOPING BUSINESS

FROM INTERNATIONAL MARKETS / OPERATIONS

BACKBONESmall and Medium Enterprises (SMEs) are the backbone of Dubai’s economy, representing 95% of all establishments in the Emirate. These SME businesses

account for 42% of the workforce and contribute around 40% to the total value added generated in Dubai’s economy.

Page 24: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

255075

100125

Daniel Dolor

52%

Typi non habent claritatem insitam; est usus legentis in iis qui facit eorum claritatem. Investigationes demonstraverunt lectores legere me lius quod ii

legunt saepius. Claritas est etiam processus dynamicus, qui sequitur mutationem

Page 25: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

The Trading sector accounts for a majority (57%) of SMEs in Dubai, followed by the Services sector (35%), and subsequently followed by the

Manufacturing sector (8%)

MICRO FIRMS

<=AED 9mn

SMALL

<=AED 50mn

MEDIUM

<=AED 250mn

72%

18%

5%

The Department of Economic Development (DED) in Dubai issued 22,691 business licences in 2015, an increase of 17.4 percent

compared the total number of licenses issued in 2014. The latest figures also represent a 75 percent increase in new licences issued between

2010 and 2015, at an annual average of 15 percent.

Page 26: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

Composition of Key Sectors

Manufacturing SectorManufacturers of wearing apparel constitute a majority (33%) of the Manufacturing establishmentsin Dubai, followed by manufacturers of fabricated metal products (except machinery andequipment) accounting for another 16% of the total manufacturing enterprises. In terms of theemployee count, 54% of the Manufacturing firms in Dubai have between 1 and 10 employees,while another 20% have between 11 and 25 employees.

Segments with the highest contribution to the Manufacturing sector’s gross value-add includeManufacturing of Fabricated Metal products, except machinery and equipment (17%), Manufacturingof Basic Metals (15%), and Manufacturing of other Non-metallic Mineral products (9%).7

Page 27: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

25

50

75

100

125

NET MARGINS

8-22%2-8%

Net margins are the highest in the case of Business Services (net margin ratio ranges between 10-22%),closely followed by Professional Services (net margin ratio ranges between 8-20%)

Tour operators and travel agents have the lowest margins amongst all the segments (net margin ranges between 2-8%)

Restaurants & Catering businesses have high gross margins (gross margin ratio ranges between 50-60%) BUT their margins erode significantly at an operating level due to a high proportion of indirect costs within their total cost structures (operating margin ratio ranges between 12-18% and net margin ratio ranges between 10-15%)

10-15%

Page 28: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

25

50

75

100

125

ABDUL BASET AL JANAH

Gross margin ratio is a profitability ratio that compares the gross margin of a business to the net sales. This ratio measures how profitable a company sells its inventory or merchandise. In other words, the gross profit ratio is essentially the percentage markup

on merchandise from its cost.Operating margin — also known as operating income

margin, operating profit margin and return on sales (ROS) — is the ratio of operating income ("operating

profit" in the UK) divided by net sales, usually presented in percent. Net profit measures the

profitability of ventures after accounting for all costs.Net margin ratio is the ratio of net profits to revenues

for a company or business segment. Typically expressed as a percentage, net profit margins show how much of each dollar collected by a company as

revenue translates into profit. The equation to calculate net profit margin is: net margin = net profit / revenue.

Page 29: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

The survey reflects that SMEs in Dubai are highly export-oriented with 51% of the SMEs

indicating that they have some part of their revenues coming from regional and international

markets (as compared to 44% in EU-27 and 18% in New Zealand).

GCC, Asia-Pacific and Africa are the key international markets / export destinations for

SMEs in Dubai.

STATE AND CHARACTERISTICS OF SMES IN DUBAI

Page 30: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

INNOVATION 13% of the survey respondents indicated that they have implemented

some level ofinnovation either in terms of product innovation or process

enhancement. This prevalence is much lower as compared to other international economies (such as New Zealand, Malaysia, the UK and the overall

EU-27).

The major prevalence of innovation amongst Dubai SMEs is at the product/service level

(42% of the total prevalence of innovation), as compared to innovation within internal

processes (30%) and distribution & delivery formats (28%).

The key objective / motive towards investing / implementing innovation in business, as elicited by the majority of the respondents,

is to create a competitive advantage through product / service differentiation (38% of the SMEs indicated product/ service

differentiation as their key objective for implementing innovation in business).

Page 31: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

INNOVATION Micro firms are intrinsically less innovative as compared to

Smalland Medium firms (only 6% of the Micro firms reported having

implemented some form of innovation within their business operations, as compared to 19% and 16% of the Small and Medium

firms, respectively).

Innovative SMEs are more internationally oriented as compared to non-innovative SMEs; higher prevalence of innovation is observed amongst exporting businesses (75%), vis-à-vis nonexporting SMEs

(48%).

Approximately 21% of the total survey respondents indicated use of advanced IT systems (enterprise level systems, such as ERP,

CRM systems, etc.) within their business operations. Service firms deploy IT more intensively than Manufacturing and Trading firms, as reflected by the fact that the proportion of firms with advanced IT systems is the highest in the case of the Services sector (at 26%), followed by the Manufacturing sector (at 18%) and subsequently

followed by the Trading sector (at 16%).

Page 32: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

25

50

75

100

125 Bank finance

for SMEs

There is limited availability of externally sourced start-up financing in Dubai. This is reflected inthe fact that a majority (80%) of the survey respondents indicated personal money or savings as the primary source of finance for commencing their business operations in Dubai.

The availability of bank finance for growth and operations is also limited, with only 23% of the survey respondents indicating that they have accessed bank finance in the last five years.

Another 37% businesses indicated that they have accessed term loans for capital

expansion / investment in their business, and about 4% mentioned that they have accessed

a combination of long-term and short-term financing. This reflects that at an overall level, only 10% of the SMEs (i.e. 41% of the 23% of the SMEs that had access to finance) have accessed long-term financing for capital

investment in their business.

Page 33: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

1. PATIENCE IS A VIRTUE

2. PRICE SENSITIVITY

3. RELATIONSHIPS & NETWORKS

How often are you in the region ? What about a discount ? Religion - Family -

Business

THREE GOLDEN RULES

https://prezi.com/-nteypgvqp4z/conducting-business-effectively-in-

the-uae/#

The Gulf market is not about over-night successes. A two to three-year investment in time and effort. It will take about five meetings with a new business prospect to actually sign on a deal. You will often be asked at a first meeting how often you are in the region.

You should be as commercial as possible in your pricing structures, trying to offer some form of discount where you can. You may wish to consider market entry price penetration, while being as competitive as possible.

I’s all about relationships and networks and you need to bear in mind that the upper echelons of society all know each other, often cross-border. They have built up networks over the years. So upset one and you risk upsetting them all. Diplomacy is key here.

It is important to follow up. During negotiations, there may be a tendency for your Gulf contacts to speak in vague terms, generalities, stories and metaphors, so it’s best to be absolutely clear about what you’ve agreed.

Page 34: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

JUST ONE EXAMPLE…

MAI

Company Case-study made by JAFZA: http://ow.ly/Jydv304ZRGw

MAI

THEY MADE IT!

Page 35: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

THEY MADE IT!

JUST ONE EXAMPLE…

MAI

Page 36: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME
Page 37: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME
Page 38: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

http://ow.ly/cxpp3052Pc8

Page 39: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME
Page 40: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

255075

100125

MUSLIMS-CHRISTIANS-JEWS-ATHEISTS-BUDDHISTS…

30%

52%

WHAT DO WE HAVEIN COMMON ?

Page 41: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

April May June July0

255075

100125

30%

52%

TRADE

Page 42: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

YOU’VE BE WARNED!“With each new day in Africa, a gazelle wakes up knowing he must outrun the

fastest lion or perish. At the same time, a lion stirs and stretches, knowing he must

outrun the fastest gazelle or starve. It is no different for the human race. Whether you consider yourself a gazelle or a lion, you simply have to run faster than others to

survive.” ― Mohammed bin Rashid Al Maktoum, My

Vision: Challenges in the Race for Excellence

EXPO 2020http://expo2020dubai.ae

25,000,000

UAE VISION 2021

9,297,524

ABU DHABI VISION 2030

2,784,000

DUBAI SME 5 YEAR

STRATEGIC PLAN  + DUBAI PLAN 20212,503,00

0http://ow.ly/Yc63304ZsPf

https://www.vision2021.ae/en

http://ow.ly/tBsr304Ztnt

Page 43: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

SOLLEMNES IN 2020

SWIMMING IN FOREIGN WATER - DOING

BUSINESS ABROAD

Page 44: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

60, RUE MIGNOT DELSTANCHE - 1050 BRUSSELS BELGIUM

UAEARAB-BELGIAN-LUXEMBOURG

CHAMBER OF [email protected]

+32(0)2 344 82 04

WWW.ABLCC.ORG

Page 45: UAE  - Swimming in foreign waters - Tuesday october 11 at EASME

UAEQUESTIONS