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| Practical
Guide | Export Procedure |
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Saudi Arabia |
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Bahrain |
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Egypt |
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United Arab Emirates |
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Kuwait |
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Oman |
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Syria |
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Yemen |
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1. Local
representation / agents and distributors agency legislation |
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The importance
of choosing the right distributor both for your market and
for your product is paramount. In general locally based distributors
will have a better understanding of the marketplace than staff
visiting from a foreign company. |
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European
companies may seek the services of a sole agent in the UAE,
or they may appoint a commercial agent in each Emirate or
for each product.
- The main qualities to look for in an agent are : ability
to obtain new business, contacts in government if necessary
, local knowledge of how to get things done, ability to
inform you of the latest changes in regulations and have
a knowledge of procedures
- There are 3 main methods of exporting to UNITED ARABS
EMIRATES.
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Direct Trade
International manufacturers and exporters may conduct business
with the country by concluding transactions directly with
importers and traders who are already established in the market.
This type of trade is best suited to low volume trade or to
test the market and should not otherwise be used as a permanent
arrangement. |
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Commercial
Agencies
A foreign company wishing to supply goods
UNITED ARAB EMIRATES can do so by appointing a commercial
agent and distributor
The UAE is a federal country and it may be necessary to appoint
more than one representative in order to cover the market
effectively.
Alternatively a sole agent may be appointed. In practice,
many overseas companies appoint several agents to cover defined
areas of the country and may have separate agreements for
separate products.
Any commercial agency agreement needs to be drawn up with
great care specifying the products and territories to be covered
by the agent.
The main requirement is that all agents must register with
the Ministry of Economy and Commerce. Only UAE nationals or
companies wholly or majority owned by UAE nationals can register
with the Ministry of Economy and Commerce as local agents.
It is not possible to terminate an agent without his written
agreement.
For an agreement to be valid, there must be a direct written
agreement between the agent and the prinicipal to the exclusion
of others in the designated area.
Be aware however, that agency agreements, once entered into,
can be extremely difficult to terminate. It is advisable,
if not essential, to seek legal advice before entering into
any such agreement. |
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Setting
Up a Presence in UNITED ARAB EMIRATES
The basic requirement to establish a
company in the UAE is the granting of a licence by the local
municipality, or in the case of Dubai by the Dubai Department
of Economic Development. There are 3 categories of licence:
1. Commercial licences covering all kinds of commercial activity.
2. Professional licences covering professions, services, craftsmen
and artisans.
3. Industrial licences for establishing industrial or manufacturing
activity.
Legal structures for commercial businesses are determined
by the Commercial Companies Law and 7 categories (general
partnership, simple commandite partnership, private unlimited
company, public shareholding company, private shareholding
company, limited liability company and share commandite company).
The ownership requirement is 51% participation by UAE nationals
although there are some exceptions to this. However, general
partnerships are not available to foreigners.
Branches and representative offices of foreign companies may
be 100% foreign owned but are required to appoint a service
agent (not to be confused with the term commercial agent)
who must be a UAE national or a company 100% owned by UAE
nationals. The service agent's obligations are restricted.
They have no direct involvement in the business and also carry
no liability. There are restrictions on the activities that
branches and representative offices may be licensed to carry
out.
A company can also be 100% foreign owned if setting up business
within any of the free zones operating in the Emirates. This
type of set up is very suitable for companies intending to
use the area as a regional manufacturing or distribution base
where most of the turnover is going to be outside of the UAE.
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2. Legalisation
of commercial agency agreements |
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If the agreement is signed in Europe it must be:
1. Authenticated by a notary public.
2. Legalised by the Foreign Ministry
3. Legalised by the Embassy of the United Arab Emirates:
Legalisation Department |
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3. Standards
and technical regulations |
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European
& International Standards, as well as licensed copies
of individual standards, is recognised as an important service
to the local community.
Halal certificates for meat products
All imported beef and poultry products require a health certificate
from the country of origin and a halal slaughter certificate
issued by an approved Islamic centre in the country of origin
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4. Labelling
and packaging regulations |
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Labelling
in Arabic is required on all consumer products.
Labels need to provide information such as :
- placement of identification data,
- identification of the manufacturer,
- product information,
- standard quality disclosures,
- hygiene and ingredients regulations.
- brand names,
- production and expiry dates,
- country of origin,
- a comprehensive list of ingredients and additives.
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5. Exchange
controls |
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The
UAE imposes no foreign exchange controls and no other restrictions
on the repatriation of profits or capital by foreign investors. |
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6. Import
control |
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Goods
which have been manufactured in Israel are prohibited. |
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All
printed matter, films and tapes must be cleared by the Ministry
of Information. |
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Pornographic
material, ivory/rhino horns, cannabis, alcoholic beverages,
fire-arms, fire works, narcotics and opium are also strictly
prohibited. |
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Exports
to the UAE are subject to pre-shipment inspection for those
who want. |
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Imports into
the UAE can only be undertaken by those importers who have
the appropriate trade licence.. Imports by the public sector
should be guaranteed by the government in Abu Dhabi, although
this is rarely needed for the private sector. |
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Local government
authorisation required for :
Alcoholic beverages, fire-arms, fireworks
and sparklers, ammunition, explosives, narcotics and medical
drugs, agricultural pesticides, pork/pork products and wireless
transmitters. |
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7. Export
controls and licensing |
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The European
Government maintains export controls to prevent the export
of goods, including technology, for a variety of reasons including:
- the collective security of the European states and its
allies in NATO
- national security and foreign policy requirements
- international legal obligations and commitments
- non-proliferation policy
If goods or technologies are subject to your state export
controls, a licence is required to gain the legal authority
to export them. |
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8. Documentation
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Most imports
into the UAE (except those of low pecuniary value) require
a commercial invoice and an Arab Chamber of Commerce Certificate
of Origin. |
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The commercial
invoice must be the supplier's invoice and may not originate
from agents or representatives or importers. |
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It should
be a supplier's certified statement of origin. Standard trade
documentation, including certificates of origin bearing the
name and address of the producing firm, bills of lading, packing
list and various government/Embassy attestations must be presented
for all imports and exports. |
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The commercial
invoice and certificate of origin must be authenticated by
the Embassy of the United Arab Emirates in your country. |
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9. Customs
duties |
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Customs duties
are levied on the cif value or ad valorem or specific to the
goods concerned. |
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Some goods,
including all transit cargo, are exempt from duty (eg foodstuffs,medicines
and public sector imports) |
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The customs
authorities may call for a cash or bank guarantee as security,
refundable to the owner of the goods, on their re-export outside
the UAE. (This does not apply within the free zones). |
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The
duty on alcoholic beverages is 80% and 50% on tobacco products.
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The
duty is 4% for all other goods excepting foodstuffs and government
and oil company-destined goods. |
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Goods may
be imported duty free and stored in any of the free zones
in the UAE. Subsequently, goods which are then transferred
to the UAE from these zones, are subject to minimal duty payments
currently of 4% depending on the product eg cigarettes attract
75% duty. |
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Import duty
is not usually levied on samples imported into Dubai and the
Northern Emirates. |
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However, for
goods of higher value such as jewellery, prior permission
to import and arrangements for free entry must be made with
the Director of Customs, preferably through a local sponsor
or agent. |
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