GLS
has had extensive experience in acting for and advising clients
on the laws, regulations and practices of the Area in the matters
mentioned below.
1.
Banking
Obtaining
advice on banking laws and practical practices in the Area
is an essential factor for investment and business promotion
therein. This usually includes borrowing requirements, charging
interest and the chronological changes thereof, the conduct
of investment and financial business and services, foreign
offerings restrictions, establishing branches or representative
offices and foreign exchange controls.
2.
BOT Projects
In
association with reputable well established law firms in London,
GLS has advised on BOT projects to be implemented in the Area.
This involved the application of local laws including those
related to labour and foreign investments.
3.
Company Incorporation
Advised
Clients who intend to establish a presence in the Area on
the available options such as the incorporation of local companies,
joint ventures or the registration of company branches in
the Area. This important aspect of business usually
involves drafting company memoranda and articles, sponsorship
agreements or contracts as well as assistance in the discussions
and negotiations leading to their conclusion. Additionally
services provided might include the nomination of a qualified
national partner/sponsor or advice on their selection a matter
which could be crucial for the successful operation of the
business.
Trading
activities such as the distribution of goods and services
is usually performed by appointed local commercial agents.
Therefore commercial agencies are an extremely important but
potentially problematic aspect of conducting business with
the Area. The selection and appointment of the invariably
requisite local agent is not only crucial for the promotion
and expansion of the business, but could a cause numerous
difficulties if the right commercial agent is not chosen.
Here again GLS provides advice on
the drafting of agency contracts as well as the selection
of qualified agents.
5.
Labour
Obtaining
work and residence permits for the labour force required for
the business especially in areas such as construction or other
labour intensive activities could be a difficult task. Awareness
of labour employment rules and restrictions could be a very
important factor in presenting tenders or the financial analysis
of projects. Labour claims and disputes could also easily
arise and create a distraction to the conduct of business.
6.
Offset
The
Offset Programme was devised in the Gulf whereby a foreign
contractor/supplier undertakes to reinvest a specified portion
of the contract value/profits in projects in the country.
The main objective of the Programme is said to be national
development and the transfer of technology by implementing
approved development projects in the different economic sectors
such industry and agriculture in that country. In some
Gulf countries the application of the Offset Programme is
restricted to contracts for the supply of armaments and military
supplies while in other countries it has been extended and
applied to other major contracts. It is imperative for
interested parties to be aware of this important and expanding
Programme and the opportunities it provides as well as practical
difficulties of its application.
Most
of the countries in the Area are major producers of oil and
gas with substantial proven reserves. Concessions and agreements
for the exploration and development of oil and gas in the
Area are extremely important for the specialised multi-national
companies operating or intending to operate in the Area. Projects
for the expansion, development and maintenance of the oil
and gas industry will continue to be an extremely interesting
area of business for the specialised companies so long as
oil and gas production continues and reserves exist in the
Area. Local laws and practices vary from one country to another,
consequently awareness of these laws is essential for interested
parties.
8.
Intellectual Property, Trade Marks and Patents
The
protection of trade marks, patents and other intellectual
property rights have become an internationally recognised
legal concept essential to safeguard the rights of individuals
and corporate entities derived from their innovative, intellectual,
artistic or technical efforts and achievements. Countries
in the Area have realised the importance of the protection
of these rights to international trade and have adopted laws
and regulations to provide such protection. GLS
has assisted in the registration of trade marks and patents
and advised on the relevant laws.
9.
Privatisation
The
recent global trends towards encouraging private sector ownership
of public utilities and important industries coupled with
prevailing global and local economic circumstances such as
lower oil prices and cuts in oil production, have led countries
in the Area to seriously consider privatisation programmes.
GLS is able to assist in such privatisation
in coordination with international law firms.