has had extensive experience in acting for and advising clients on the laws, regulations
and practices of the Area in the matters mentioned below.
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.
association with reputable well established law firms in London, Sabah Mahmoud
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.
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.
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 Gulf-Law
provides advice on the drafting of agency contracts as well as the selection of
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.
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.
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.
Intellectual Property, Trade Marks and Patents
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. Gulf
Law has assisted in the registration of trade marks and patents and advised
on the relevant laws.
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. Gulf
Law is able to assist in such privatisation in coordination with international
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