Dubai - A Stately Business Dome Decreed
by
Stuart Gray, May 2005
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Dubai,
a shimmering collection of skyscrapers and spectacular
architectural structures rising out of the desert
sands at the eastern end of the Persian Gulf can
perhaps be given the accolade of the economic
success story of the last ten years.
Dubai
lies on the south-eastern shore of the Persian
Gulf near the strait of Hormuz, strategically
located at the cross roads of Europe, Africa,
the Middle East and Asia, making it a gateway
to over 1.5 billion consumers located in countries
surrounding the Red Sea and the Gulf.
The
city has grown rapidly in recent years from little
more than a fishing port to a wealthy and decidedly
cosmopolitan and modern location. Local emiratees
make up a mere 22% of the population with Indians,
Pakistanis, Iranians and Southeast Asians and
latterly westerners choosing to make Dubai their
home. The population remains predominately Muslim.
However, in contrast to growing hostility towards
western values elsewhere in the Middle East, ethnic
and religious tensions are rare and Dubai has
gained a reputation as something of a safe haven
where westerners can go about their business without
fear of attack, and crime in general is very low.
Background
The
local currency is the United Arab Emirate dirham,
which is pegged to the US dollar at a fixed rate
of 1$ = AED3.67. This has made investing in Dubai
particularly attractive for European investors,
given the US dollar’s recent weakness against
the euro and sterling. Dubai’s desert climate
ensures plenty of year-round sunshine, with temperatures
regularly exceeding 40C in the summer, and 30C
in the winter making the city and its locale a
very popular choice as a second or holiday home
location for Europeans and Americans, especially
since ownership rules have been relaxed to allow
foreigners to buy property in Dubai.
The
city’s rapid growth as a financial and commercial
powerhouse has also spawned the rapid development
of impressive leisure facilities such as golf
courses and hotels (including the world’s first
seven star rated hotel, the Burj Al Arab). When
combined with its coastal location and attractive
beaches, Dubai has become one of the world’s premier
tourist destinations. As a result, the city is
served by good transport links, both by air and
by sea.
Economic
diversification
Most
of the country’s wealth has been built on the
back of vast mineral deposits. However, the rulers
of this oil-rich emirate, one of seven in the
United Arab Emirates, have been quick to realise
that oil wealth will not last forever, and have
set about putting in place a series of investor-friendly
tax, regulatory and legal policies to attract
companies, individual investors and wealthy retirees
from all over the global to live, work and do
business in the city.
Partly
as a result of these policies, economic growth
over the past decade has been experienced at rates
that would be the envy of any pro-business western
economy. Government figures have revealed that
the gross domestic product of the UAE as a whole
grew by 15% to AED337 billion (US$91.7 billion)
in 2004, whilst the economy of Dubai grew at an
even faster pace as its GDP expanded by 16.7%
to a little under AED100 billion. Dubai’s economy
has grown by an average of 10% per year since
1995 – the fastest growth rate in the world, according
to Dubai’s Department of Economic Development.
Low
tax policies
One
major selling point for Dubai is that its enormous
oil revenues mean that the government has no need
to raise income through direct taxation. Accordingly,
the emirate is characterized by an almost complete
absence of taxes. This means that there are no
withholding or capital taxes and, with the exception
of banks and oil companies, no corporate income
tax is payable by businesses in Dubai. (Oil companies
pay up to 55% tax on UAE sourced taxable income
whereas banks pay 20% tax on taxable income).
The
government has also sought to encourage global
firms with the establishment of free trade zones,
such as the Jebel Ali Free Zone (JAFZ) and the
more recent Dubai Internet City. Companies operating
in the JAFZ can expect to benefit from zero duties
on all import and export goods & machinery
within the Free Zone, 100% foreign ownership,
a renewable 50-year guarantee of exemption from
corporate tax, no personal income tax and no restrictions
on the repatriation of capital and profits.
The
DIFC
Another
more recent venture designed to lure the cream
of the world’s business and finance community
is the Dubai International Financial Centre (DIFC),
an onshore capital market begun in 2002 by Sheikh
Maktoum bin Rashid al Maktoum, the UAE’s Vice
President and Prime Minister and ruler of Dubai
who has granted the DIFC much autonomy from the
government. Designated as a financial free zone,
the DIFC is designed to attract global business
talent and facilitate wealth creation which is
likely to appeal to both Arab money looking for
a local centre of excellence and Western cash
seeking sophistication and safety.
Licences
are currently being considered in six primary
sectors of focus within the DIFC: Banking Services
(Investment Banking, Corporate Banking & Private
Banking); Capital Markets (Equity, Debt Instruments,
Derivatives & Commodity Trading); Asset Management
& Fund Registration (Fund Registration, Fund
Administration & Fund Management); Reinsurance;
Islamic Finance and Back Office Operations. Each
of these units will offer benefits such as zero
tax on income and profits, 100% foreign ownership,
no restrictions on foreign exchange or capital/profit
repatriation, operational support and business
continuity facilities.
The
DIFC will also soon institute an equities and
derivatives exchange, the DIFX, which officials
hope will fill a significant regional gap as the
major financial exchange between Europe and Asia.
Regulatory
Environment
Dubai’s
financial centre is regulated by the DIFC Financial
Services Authority. The advantage Dubai has over
other more established financial jurisdictions
in this respect is that the DFSC has had the opportunity
to draft a body of regulation pretty much from
scratch. This has allowed Dubai to build on a
framework of established international best practice,
whilst avoiding some of the flaws and complexity
inherent in the older jurisdictions where regulations
have been constantly amended and patched up to
keep pace with developments in the financial markets.
The DFSA’s rules are written in English and have
been drafted after extensive consultations with
leading financial institutions.
The
DFSA has also been accepted into the international
capital market regulator IOSCO (International
Organisation of Securities Commissions), a move
which should help to show global investors that
Dubai takes the regulation of its financial environment
seriously.
E-Commerce
Telecommunications
and internet links in Dubai are generally excellent
as a result of the government’s commitment to
developing the emirate into a major regional e-commerce
hub. The most significant product of this policy
has been the creation of the Dubai Internet City,
another free zone which has attracted the likes
of Microsoft, IBM, Oracle and other major names
in the IT sector. Firms setting up in the DIC
also benefit from 100% foreign ownership, no taxes,
flexible visa rules to allow the recruitment of
foreign talent, and simple company registration
and approval procedures.
DIFX
- A Regional Financial Exchange
Investors
will soon have the opportunity to buy into UAE
firms when the Dubai International Financial Exchange
(DIFX) launches in September. DIFX will attempt
to provide a liquid and transparent market for
the hundreds of successful privately owned companies
in the region and soon-to-be-privatised businesses.
It will also offer facilities for companies from
outside the region to be dual listed.
The
DIFX has an ambitious plan to attract investors
at an “unprecedented rate” for the Middle East,
and hopes to emulate other major global bourses
such as New York, London and Hong Kong. Its currency
will be the US dollar and it will feature a range
of instruments including equities, bonds, funds,
index products, and derivatives.
Islamic
Banking - The New Frontier In Global Finance
The
DIFX is also hoping to tap into the vast potential
of the Islamic finance market. The global market
for Islamic financial products is currently worth
over $200 billion and is expected to grow at 12
to 15 per cent a year over the next ten years.
It is likely to account for some 50 to 60 per
cent of the total savings of the world's 1.2 billion
Muslims within the next decade. Within the region,
there is a growing number of infrastructure projects
requiring Islamic compliant finance. But the market
is still under-developed and fragmented. Dubai
aims to become a major centre for product innovation
for Islamic investors and borrowers.
Dubai
already has its first Islamic property fund in
the form of the AMLAK First Real Estate Fund,
likely to be one of many focusing on investment
in Dubai’s property market using the principles
of Shariah law. Aimed at both individual and corporate
investors, this fund has a minimum subscription
level of US$25,000 and a projected rate of return
of at least 6%. It will invest using an Islamic
financing technique known as Ijarah, which is
a form of leasing contract.
Real
Estate Opportunities
Underpinning
economic growth in Dubai at the moment is a vibrant
real estate market, which is helping to fuel the
construction of new apartments, offices and residential
developments at a frenzied pace, while also presenting
attractive investment opportunities for real estate
and alternative investors. With the Emirate’s
population set to almost double from 1.2 million
to 2 million residents over the course of the
next five years, it is probable that demand for
ready constructed real estate, already at a premium
in and around the city, is going to continue outstripping
supply for the foreseeable future. Indeed, it
is said that within the next five years there
will be an estimated 40,000 unit shortfall due
to a limited number of Free-Zones where developers
are permitted to build freehold properties for
non-nationals.
As
yet, the UAE government does not guarantee the
right of freehold to foreign buyers, although
legislation enshrining this principle into law
is expected soon. However, this has not stopped
the flow of both local and western money pouring
into the city’s real estate sector at a frantic
pace. A recently publicised report on Dubai's
economy by the National Bank of Dubai (NBD) shows
that $15 billion worth of investments was pumped
into the real estate and construction sector in
Dubai over the past three years. What’s more,
the report estimates that a further $50 billion
worth of investment will be drawn into the sector
between 2005 and 2010.
The
Dubai Land Department has estimated at AED2.8
billion the value of investments in real estate
and land in the Emirate of Dubai in the first
quarter of the current year alone - and that is
just by Gulf-based investors (excluding the UAE's
investors). The department added that 126 Gulf
investors spent AED1.2 billion on real estate
and land purchases in Dubai in the first three
months of the current year.
Unsurprisingly,
this has fuelled soaring prices for real estate
in and around the city. The initial price for
a one-bedroom apartment in Marina Terrace - adjacent
to the beach and one of the finest addresses in
the city - in May 2003 was AED610,000. The market
valuation as per February 2005 was AED1,695,000
AED - an increase of 178%. This has been a story
repeated all over Dubai, with many apartments
and villas changing hands at a considerable mark-up
to the initial price paid even before a development
has been finished! (In an attempt to cool the
market, developers have begun charging penalties
if properties are sold on before completion).
Dubai real estate also presents a good opportunity
to earn rental income, with many lease agreements
structured so that one year’s worth of rent is
paid in full in advance.
Although
prices are continuing to rise fast, studio and
one bedroom apartments can still be purchased
relatively cheaply when compared to the major
cities that Dubai is attempting to aspire to,
such as London, New York or Hong Kong. For AED262,000
(US$71,000), a studio apartment can be acquired
in the International City, a residential complex
situated in the desert some 6 miles from the city
centre constructed in various ‘country themed’
architectural styles; but Dubai being Dubai, there
are properties to cater for every taste, if not
necessarily every budget. For instance, a 7,000
square feet Signature Villa on the extravagant
Palm Jumeiarh development, one of two spectacular
new residential projects stretching into the Gulf
on reclaimed land in the shape of palm trees,
is likely to fetch well over AED10 million (England
and Real Madrid soccer star David Beckham was
rumoured to be one of the first buyers here).
Buying
property in Dubai is a relatively straightforward
business, and there are many estate agencies and
consultancy services catering for international
buyers such as expats, those in search of a second
home and investors hoping to earn rental income
and/or capital appreciation. Financing a property
purchase in Dubai will vary depending on which
developer one buys from, one’s own budget and
other financing options available at the time.
A typical financing structure from a Dubai-based
developer at the time of writing would involve:
10% deposit payable on signing; a further 10%
after 30 days; five payments on each stage of
construction; and a 20% final payment upon completion.
Alternatively, if a more flexible payment term
is needed, then it is possible to obtain a longer
term mortgage. Some developers and agents will
also have struck deals with locally-based banks
to offer more favourable terms.
For
a fixed-rate loan, repayment periods vary from
five to fifteen years in length, and at present,
one can expect to pay an interest rate starting
at around 7.25%, rising to 8.5% as the term progresses.
Floating rate mortgages are typically available
on loans of between fifteen and twenty-five years
with rates starting at around 5% and rising and
falling in tandem with the Dubai Interbank Offered
Rate (DIBOR) or, in some cases, the US Fed Funds
rate. Overseas residents will pay a slightly higher
interest rate than residents.
If
employed, mortgage payments are made via a salary
transfer while self-employed buyers meet payments
by writing a post-dated cheque or by a standing
order.
Visa
and Residency rules
All
visitors, except GCC nationals, require a visa,
however free visit visas are issued to most nationalities
upon entering Dubai. A visit visa is valid for
60 days, but can be renewed for a further 30 days
upon paying a fee of AED500 at the Department
of Immigration. Alternatively, a so-called ‘visa
run’ can be made, which entails flying to Doha
(in nearby Qatar) or Muscat (in Oman) at a cost
of approximately AED300, and re-entering Dubai
on a new visit visa.
In
order to work in Dubai, open a bank account or
lease accommodation you must have a residency
visa. There are two types of residency visa available,
one which involves being sponsored by a company
for employment and the other which necessitates
sponsorship by a family member (for residency
only – labour card to be obtained separately).
Visas
for business visitors can be obtained by a company
working in the UAE. The company applies for a
visit visa for a period of one to three months,
in accordance with an application form (used by
the Naturalization & Immigration Department)
and supported by the following documents: a photocopy
of the trade licence issued by the economic department;
an undertaking letter from the company taking
responsibility for the visitor during his visit;
a photocopy of the visitor’s passport.
A
Multiple Visit Visa can be granted after a normal
visa has been issued and used. A Residence Visa
stamped on a passport proves the legal residence
of an expatriate in the country. This visa is
given to workers who have obtained work permits
or for relatives living with them permanently,
and additional documentation is required.
Conclusion
So
Dubai is certainly shaping up to be one of the
world’s most popular and significant financial
and commercial hubs, and there are certainly many
advantages to be had from starting a business,
investing assets, retiring, living or working
in the city. These include the lack of taxation
on personal and corporate income, a business-friendly
government that is determined to attract and retain
investors in the emirate, sound laws and regulatory
practices and a vibrant real estate market that
continues to promise healthy returns on both capital
and rental income. The city’s ever-expanding skyline,
bold architecture, ambitious residential developments
and year-round sunshine also make Dubai a unique
place to live and work.
However,
these plus points must be weighed up against the
fact that Dubai is still a relative new kid on
the block in global business terms, and as such
is untested compared to other, longer-established
financial jurisdictions, onshore or otherwise.
Indeed, some are of the view that boom may turn
to bust if the property market overheats, and
the continued absence of rights to freehold makes
some would-be investors nervous. Also, despite
its benign, cosmopolitan atmosphere, one must
keep in mind that war and political instability
are never far over the horizon in this part of
the world.
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