| 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.
4.
Commercial Agencies
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.
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