To what extent will GDPR affect the UAE?

To what extent will GDPR affect the UAE?

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To what extent will GDPR affect business across the UAE?

By, Talal Elmakkawi, partner, and Ahmed Elmakkawi, associate, at Apex Juris Advocates & Legal Consultants, Globalaw

 

Since before the establishment of societal systems humanity has been concerned with privacy, particularly with regards to the home, family and property. Religious doctrines have inculcated rules to safeguard the privacy of an individual, and, as society has developed, privacy protection has been made sacrosanct through governmental legislation.

It is not surprising therefore, that privacy is now regarded as a fundamental human right; as is stated in the 1948 United Nations Declaration of Human Rights: ‘No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour or reputation.’ The 1950 European Convention of Human Rights builds upon this, declaring that, ‘Everyone has the right to respect for his private and family life, his home and his correspondence.’ Since inception, such basic rights have served to protect individuals against unexpected ‘arbitrary interference,’ and ‘attacks upon [the] home,’ reinforcing ‘the right to respect.’

Certainly, the advent of technology has intensified both the potential threat and likelihood of privacy attacks. Such attacks can be organised by any number of anonymous parties, from any chosen location on earth. For example, anonymous frauds may coerce an individual into inadvertently sharing private data, whether for medical, financial, educational or leisure purposes. In response to this growing threat, GDPR seeks to cast a wide and heavy blanket of protection over the private data of EU citizens and residents. Indeed, the new legislation extends beyond the political boundaries of the EU, attempting to guarantee data protection in an ever-growing global cyber arena.

The The UAE, like most nations, has established several laws and enactments to enshrine privacy protection at a governmental level. Article 40 of the UAE constitution stresses that ‘foreigners within the Federation shall enjoy the rights of freedom stipulated in international charters which are in force or in treaties and agreements to which the Federation is party. They shall be subject to corresponding obligations.’ Such enactments help to ensure that all citizens and residents across the UAE share basic privacy rights. In addition, many provisions of the Federal Criminal Law seek to protect the privacy of an individual, their property, home, family, honour and reputation. This is reflected in the Federal Law of Civil Transaction and the Federal Law of Commercial Transactions. Furthermore, UAE laws on cybercrime respond to the new challenges of the digital and cyber era, particularly with regards to the global flow of information. For example, data protection and cyber-crimes are addressed throughout the Dubai Financial Centre Data Protection Law (DIFC) (Law NO.1 of 2007 as amended by law NO. 5 2012 DIFC), as well as the federal decree no.5 of 2012. 

 

Why GDPR is of paramount interest to UAE?

Across the EU, GDPR aims to grant citizens and residents more control over the ways in which their personal data is both used and shared. Several companies such as Google and Facebook process data for the betterment of their services; however, there are other areas of business activities that must be carefully considered. The magnitude of trade interactions between the EU and UAE is estimated to be over AED 60-70B, making the UAE the biggest EU business partner in the region. A large number of EU citizens across the UAE will therefore be affected by GDPR, particularly with regards to ‘controllers’ and ‘processors’ across agencies operating in UAE or dealing with EU citizens out of UAE.

The UAE has no single national regulatory authority in place for data protection in alignment with Article 50 of GDPR legislation. GDPR places greater emphasis on the importance of accountability in comparison to the UK Data Protection Act of 1998. This raises the question as to the conflict of new GDPR laws with older legislation across non-member state countries.

Dubai is an internationally leading financial hub (according to AIG reports). Consequently, the UAE is ranked as the fifth most-likely jurisdiction to be targeted by cybercriminals, with hundreds of attacks taking place every day. Companies operating in the UAE as controllers and processors of private EU data are at risk of attacks. The improper storage of data, as well as the poor management of data exchanges with third parties will exasperate this risk. Due to this, there are set protocols in place for UAE companies to follow in order to help avoid or to minimise the risk of GDPR fines. However, there have been doubts as to whether all UAE-based companies will be able to successfully ensure full GDPR compliance.

While there are numerous variables contributing to the current situation across the UAE, it is not the intention of this article to address these extensively. On the contrary, this article serves to briefly highlight the main ways in which GDPR has impacted the UAE since its activation. Ultimately, the UAE must establish a ‘privacy shield framework.’ Such a framework would need to uphold the authority of GDPR (with potential reciprocity in circumstances where entities in the EU deal with citizens and residents of the UAE) without causing adverse effects on trade relations, or exacerbating difficult issues of conflict of laws. The best starting point for such discussions may consider the setting up of a separate law on data protection across the DIFC.

In conclusion, there is no doubt that UAE is entering into a difficult period after GDPR activation. To guarantee the successful enforcement of GDPR outside the EU, it is vital that any conflicts of law are carefully addressed. This can only be tackled once agreements in the form of treaties have been achieved between the EU and UAE.

Best Legal Consultancy

Best Legal Consultancy

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Best Legal Consultancy – Ras Al Khaimah & Award for Excellence in Cross- Border Transactions 2017

Ambition Legal is a boutique legal consultancy firm incorporated in Ras Al Khaimah – United Arab Emirates. We caught up with Founder Elsie Habib to learn more about the firm and the range of services it offers.

Ambition Legal offers corporate advisory on federal laws in the region and international laws in respect to cross-border transactions and is noted for its corporate, commercial and employment legal practices and its expertise in advising clients. These clients range from individuals to corporations seeking to maintaining their business and drafting their internal policies or those looking to form new firms or business or establish a branch and / or representative offices of their foreign companies, offshore and free zone companies.

Ambition Legal is also a registered agent with Ras Al Khaimah International Corporate Center (RAK ICC).

For this vast array of clients the firm offers corporate advisory in respect to structuring, restructuring, refinancing, merger & acquisitions, due diligence, joint ventures, asset sales and purchases, energy management and energy saving agreements, distribution and commercial agency agreements , franchising agreements, liquidation and insolvency, corporate shareholders’ disputes, employer and employee disputes, corporate governance, compliance matters, directors’ duties and offshore jurisdictions and free zone regulations. It also advises on the practical application of laws and regulations and their impact on the conduct of business in the region.
To support this vast array of clients, a strong client focused approach is crucial, and Elsie aims to offer this by maintaining a professional demeanour and working hard to ensure that she learns as much as possible about her clients’ business, as she explains.

‘Personally, my philosophy is to maintain a certain calibre and professionalism by understanding my clients’ businesses and needs and by offering them solutions which meet their individual needs. Additionally, it is very important to be honest with the client and do not give the client high hopes when something is impossible to achieve for them. You need to give alternative solutions but do not give false promises just in order to charge the client fees. The client’s satisfaction is when you provide the client legal services with a great value which benefits them, and this cannot be achieved by giving false hope.’

Recently, many laws in the region were amended, and this led to challenges for legal firms such as Ambition Legal. However, as Elsie is eager to emphasise, she utilised her vast experience, which spans more than 15 years in the region, to ensure that she remains at the forefront of the emerging developments and continues to offer her clients the very highest standards of service and support.

‘During late 2016 and early 2017 there were many amendments of the laws as well as the changes business activities and mergers of offshore authorities together either due to overlap one over the other or for improvement and development purposes. I adapted quickly to these developments because I always keep my finger on the pulse of the latest industry trends and was able to predict
these changes. The challenge is how to convince a client of such changes when there is a transaction under process; to overcome this I always predict any developments and inform my clients by email well in advance, allowing them plenty of time to adapt around the change.’
Drawing on this vast experience, which includes M&A, corporate restructuring and franchising work, Elsie is keen to continue adapting around new trends as she looks towards a bright and exciting future.

‘Moving forward Ambition Legal will continue to offer the very highest standards of service to our clients as we look to take on new projects and work to build upon our current success.’

 

Contact: Elsie Habib
Email: [email protected]
Company: Ambition Legal Consultancy FZE,
Emirates Islamic Bank Building, Business Park, Level 9,
Office 901, P.O.Box 37674, RAK, UAE
Phone: 00971 7 207 8855; 00971 50 712 9334
Website: www.ambitionlc.com

Attorneys

Attorneys, Notaries, Conveyancers

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Attorneys, Notaries, Conveyancers

Established in Boksburg in 1999, Marx & Marx Attorneys, Notaries and Conveyancers has gained an enviable reputation as a legal firm of integrity and excellence. It was founded on the principle that it would offer its client’s professional legal solutions that are flexible, innovative and financially efficient.

A combination of professional service together with a focus on achieving results, has earned Marx & Marx Attorneys the well-deserved reputation as the legal practitioners’ choice within the East Rand and Greater Johannesburg.

The services which Marx Attorney’s offers includes: – magistrates court litigation, high court litigation, insurance law, commercial and corporate work, aviation, labour relations, property law, insolvency, liquidations and debt reviews, family law, credit recoveries, estates and criminal work. The firm delivers legal solutions to its clients by familiarising themselves with their needs and understanding their commercial and personal objectives. They strive to develop close working relationships with clients and are committed to succeed. 

Marx Attorneys specialise in commercial and corporate law, and the department is headed by two partners (Mr. Melchior Marx and Mrs. Sunette Marx) and supporting staff. The Managing Partner Mr. Manuel J Marx unfortunately past away earlier this year, which was a great loss to the legal fraternity. Specific emphasis is placed on negotiation, drafting and preparation of a wide variety of complexed commercial agreements. The firm attends to mergers and acquisitions, business rescue proceedings and the creation of inter vivos trusts is another of the services offered.

The firm has an active Magistrate’s Court practice, which undertakes work on behalf of insurance companies and other commercial entities. The firm has partners, qualified attorneys and candidate attorneys, each with extensive and valuable experience in this complex arena in the Magistrate’s Court department. Marx Attorneys have branch offices within the main business regions in South Africa and accept instructions to litigate in other provinces.

In addition, the firm has specialised in High Court litigation over a period of seven years. The head of this department concentrates solely on litigation. Supported by professional assistants, candidate attorneys and paralegals this department is able to offer full litigation services ranging from personal injury claims through to banking law.

With nine years in insurance law under their belt, Marx Attorneys has built a strong reputation in this field. This is widened by the amount of national and international insurers and re-insurers among its clients. The firm has in-depth specialised experience in every facet of insurance law, including but not limited to investigative works and merit assessments, opinion on quantum as well as repudiations and passenger liability claims.

Insurance companies are result driven. Two staff members of the firm have worked in insurance and are well aware that insurance companies are result driven. Mr. Melchior Marx from of the firm has also obtained his diploma in insurance and has dealt with complicated matters i.e. Springbok Atlas claims on behalf of a reputable insurance company. They also have extensive knowledge of re-insurance and various aspects related thereto.

Another speciality is Marx Attorneys expertise in property law. The firm is a stake holder in Velile Tinto and Associates Inc., who is the largest Black Owned Conveyance firm within the Republic of South Africa. Personal attention to both private and corporate client transactions is the hallmark of this department. Conventional properties and sectional title transactions will fall within the capabilities of this department. The firm also employs a qualified notary who is able to deal with all forms of notarial work. We are also listed on the panels of all major banks within South Africa.

The family law department is run by Mrs. Sunette Marx, recently returned to the firm after being employed as an additional magistrate in the Kempton Park Magistrates Court. The firm has the capability to deal with all aspects of family law, inter alia, divorces, custody and access matters. The specialists in this field has not only been selected for their thoroughness and insight, but also for their ability to give clients considered advise with sensitivity and understanding.

In keeping with the firm’s philosophy of developing a holistic solution to meet the needs of its private clients, the department provides expert advice in the drafting of wills, as well as estate planning. Careful consideration is given to the preservation of wealth and growth, whilst attempting to minimise the impact of estate duty and capital gains tax. The department also attends to the administration of deceased estates in an expeditious and cost effective a manner as possible.

In addition to the high quality services which Marx Attorneys offers, the firm also pride themselves in the fact that they are an equal opportunity employer. Consequently, the firm not only includes members of both genders, but is one of the most racially integrated practices within the East Rand. The company has followed an aggressive affirmative action policy and they strive to employ members from previously disadvantaged backgrounds, whenever possible. The firm boasts four professionals and four members of support staff. Marx Attorneys have built their reputation on their ability to provide professional solutions for clients. It is their intention to uphold this tradition and to build on it. At the same time, the firm plans to continue developing resources and their people to ensure that they constantly remain at the cutting edge of the diverse legal services they offer to clients. It is for that reason that the company’s vision remains: – ‘honest, accurate, effective and innovative legal services combined with true values.’

Company: Marx Attorneys Notaries and Conveyancers

Name: Melchior Marx

Email: [email protected]

Web Address: www.marxattorneys.co.za

Address: Eastlands Office Park, Nr 1 Bentel Road, Sanlam Building, First Floor, Jansen Park Ext. 10, Boksburg

Telephone: 011 823 5835

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MJS: Critical to Corporate South Africa

MJS: Critical to Corporate South Africa

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MJS: Critical to Corporate South Africa

Based in South Africa, Mothle Jooma Sabdia Inc (MJS) currently acts on behalf of various government departments, state owned companies, and listed as well as unlisted private companies.

Thipe Attwell Mothle, the Chairman of MJS, had this to say during our conversation with him.

Our clients are some of the largest, private government institutions in the country. As well as many types of law, our wide range of services include: – Alternative Dispute Resolution (‘ADR’), compliance and regulatory corporate finance, corporate governance, due diligence investigations, forensic investigation, international arbitration, multinational agreements and legislative drafting.

MJS is driven by the ambition to be at the pinnacle of the legal profession by remaining committed to the highest standards of service excellence. We are resolute in our desire to maintain our status as a superior and diversified law firm within the South African legal fraternity, offering specialised knowledge and unsurpassed personal service, coupled with an unwavering emphasis on delivering a total value added product to our clients. Our commitment to our employees and their advancement irrespective of race, creed or background will remain unwavering.

Ultimately, we aim to offer leadership and creative thinking in all areas of the law, whilst simultaneously upholding the ethical standards of the profession and contributing to the positive development of the legal fraternity in South Africa and the African continent as a whole.

We echo the ambitions of the now historical Paris Agreement, (which heralded a new area of environmental management and respect) in that we will continue to strive towards the enhancement and actualization of our environmental policies in order to ensure the sustainable development of future generations whilst also providing for the needs of those alive today.

MJS will continue to focus on expanding our practice until we have attained an optimal balance when considering our size in relation to volumes of new instructions received, and the number of clients serviced.

Our ambition is to remain competitively priced whilst at the same time delivering a vastly superior and all-encompassing service to our clients. We are confident that our strategy to continuously enhance efficiencies will continue to eliminate any areas of weakness to be found within the firm. We focus on enhancing relationships with our clients in order to ensure optimal levels of communication are maintained at all times. Where appropriate, we encourage monthly ‘instruction and settlement meetings’ between MJS personnel and our clients, as well as ensuring that quarterly visits by MJS directors are undertaken, in order to further develop lines of communication and complaint resolution mechanisms.

After plenty of success, the company does not have trouble staying motivated. Our finest accolade has been our clients’ faith in our ability, which has seen the firm develop beyond all expectations within the space of just fifteen years. We remain resolute in our quest to deliver unparalleled service excellence equitably, and in a cost effective manner. When MJS commenced business in 2001 each of the directors had been classified as ‘youth’ as well as ‘new entrants’ to the legal profession. It is this memory that continues to drive us in our initiatives to empower the future leaders of South Africa. During the 15 years of our existence, we are proud to state that we have previously trained 36 historically disadvantaged candidate attorneys (20 females), and are currently training ten newly qualified historical disadvantaged candidate attorneys (seven females).

MJS has nurtured some key principles in order for us to be successful. The ability to attract a high calibre of employees at all levels, to enhance unity and create a shared vision across all employee levels, and to create a culture of vibrancy, dynamism and ambition are the reasons why our staff work well together. In addition, the implementation of exceptional structures, infrastructure and efficiencies throughout the firm and recognising the need for constant improvement are other principles which we have adhered to. Staff also benefit from an unparalleled work ethic across all employee levels and the implementation of skills development and empowerment strategies that have become such an integral part of our make-up. A final and important principle is the need for humanity and morality in all of our dealings with clients’, colleagues and employees.

We are of the humble belief that MJS has greatly contributed to the evolution of the South African legal landscape by challenging the hegemony of established role players in the industry, with the implementation of innovative practices aligned with cost effective yet exceptional service delivery. The legal industry must remain mindful of the economic and political challenges that are becoming more prevalent across the globe. Africa remains particularly vulnerable to these challenges, and continues to be affected by low economic growth rates occasioned in part by the declining Chinese economy, Britain’s exit from the European Union and the American elections to name but a few.

MJS recognises that although we are considered amongst the market leaders in the South African legal industry by virtue of our superior human resources and reliance on the latest technology, if we do not adapt to these rapidly changing circumstances, all of our gains over the years can be rapidly diminished. Therefore, it is of paramount importance that we continue to provide sustainable and long-term skills to our employees and colleagues, in line with our overall vision of providing legal excellence across the spectrum.

MJS understands that embracing technology remains a cornerstone to continued and future legal excellence. We strive to deliver exceptional services as efficiently as possible, and encourage the implementation of electronic data interchanges with our clients.

All of our employees possess individual personal computers with broadband internet access facilitated by means of high speed optic fibre lines, thus ensuring that MJS is at all times in a position to deliver optimal services to our clients. Our email and facsimile facilities are directed through a cloud security application which maintains the integrity of our records as well as enhancing security protocols. MJS utilises a time and application management system which is linked to our legal accounting software system, in order to ensure accurate and effective billing of our clients. The company also subscribes to a number of electronic software programmes and internet based applications which provides us with immediate access to the latest developments in South African and international law. Our network perimeter security was recently improved by the enhancement of our Intrusion Detection Firewall.

There are many reasons why we believe that MJS stands out from other companies in our sector. Firstly, by continuing to embrace technology, we ensure that our objectives of service excellence are realized. Also, we uphold the firm ethos of empowering our employees and service providers and provide our staff with a challenging and creative workspace based on an entrenched culture of recognition and learning. Our knowledge and experience is vital when we are in comparison to competitors. We maintain service excellence at every contact throughout the firm.

In the future, we aim to maintain our excellent standards through enhancing our specialisation in a range of legal disciplines critical to corporate South Africa, offering leadership and creative thinking in each focus area. As well as this, we plan to enhance our ability to understand and to evolve within the context of the local and regional business environments, thereby allowing us to assist local clients in the pursuit of global objectives and foreign clients in the structuring and development of their local interests.

MJS is constantly striving to enhance the depth and spread of our services, by enhancing the skill set of existing employees as well as by the introduction of technical skills to the firm via strategic employment initiatives. Our medium term goal is to enter the Southern African market by establishing a presence in neighbouring countries, and thereafter, to move into North Africa and particularly into countries where South African multi-national companies have a presence.

Company: Mothle Jooma Sabdia Inc (MJS)

Name: Hanlie Howe

Email: [email protected]

Web Address: www.mjs-inc.co.za

Address: Ground Floor, Duncan Manor, Cnr Jan Shoba and Brook Street, Brooklyn, Pretoria

Telephone: 27 12 742 9400

81 Nationalities Now Exempted from Long Visa Processes to Azerbaijan

81 Nationalities Now Exempted from Long Visa Processes to Azerbaijan

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Brits, Indians, citizens and expatriates of the Gulf Cooperation Council (GCC) and 81 other nationalities will now be able to apply for Azerbaijan visa online in a safe and stress-free and way following the introduction of a hustle free online visa application technology by the Ministry of Culture and Tourism of Azerbaijan.

The introduction of this hustle free electronic visa application technology is one of the much anticipated for reforms linked with renewal and improvement of tourism services as the country strives to sustain the remarkable increase in tourism inflow especially for the tourists from the GCC

Commenting on this huge milestone by Azerbaijan, the Chairman of the Representative Office of the Ministry in GCC, Mr. Rashid AL Noori said: ‘The government of Azerbaijan under the strategic leadership of President Ilham Aliyev, has made another historical milestone by providing this wonderful technology. The entire process is possible by simply completing 3 steps. It is hustle free, no one gets to waste any time and there are no more queues. Anyone can now make arrangements to travel to Azerbaijan without having to leave the comfort of their homes.’ 

Under the new platform, citizens of 81 countries will be able to get visas to Azerbaijan without the hustle of paperwork. The platform is incorporated in the Ministry’s Representative Office Website ‘www.ourazerbaijan.com’ or ‘www.azerbaijan-visa.com’ and offers the best visa solution with the simplest procedure that requires only 3 steps, done exclusively online. The applicant only requires to go to the site, submit the needed information, pay off the visa fee online and once the e-Visa is approved and processed, the applicant will be able to download it within three working days.

This announcement follows the lifting of visa entry requirements to Azerbaijan in November 2015, and the introduction of visa on arrival for GCC nationals in February last year, an improvement that oversaw a 300 % growth of tourism flow from GCC to Azerbaijan. 

The e-visa move for the 81 countries comes at a critical time as the country transforms into a popular tourist destination with more travelers developing a burning desire to visit Azerbaijan.

The designated 81 countries include: India, China, France, Japan, Canada, Jordan, Germany, Australia, United Kingdom of Great Britain, Switzerland, Thailand, Turkey, Netherlands, Albania, Pakistan, Sri Lanka, Morocco, Algeria, Iran (Islamic Republic of), Andorra, Argentina, Austria, Bahrain, Belgium, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Chile, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Estonia, Finland, , Greece, Guatemala, Holy See (Vatican), Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malaysia, Malta, Mexico, Monaco, Mongolia, Montenegro, Nepal, New Zealand, Norway, Oman, Panama, Poland, Portugal, Qatar, Republic of Korea, Romania, San Marino, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Turkmenistan, United Arab Emirates, Northern Ireland, United States of America, and Vietnam

When asked about citizens of countries not listed Mr. AL Noori said: Virtually everyone who requires a visa to Azerbaijan can obtain it through this platform but they will have to adhere to some additional requirements. Those GCC nationals who prefer to get Visa prior to travel in order to avoid queuing at the airport on arrival should take advantage of this platform.

We believe this release technological reform will give travelers a better experience and an enjoyable trip to Azerbaijan. 

Integrity and Trust

Integrity and Trust

Integrity and Trust

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Erriah Chambers was set up in 2002 in response to the demand for Mauritius-based lawyers with international exposure and specialised expertise. Head of Erriah Chambers, Dev Erriah, gives us an insight into how they operate in such a competitive market.

Erriah Chambers acts as a legal adviser and legal consultant to various banks internationally. More than 80% of the chamber’s practice involves advising international clients, multinational enterprises, international law firms, and the top ten accountant firms, and management companies, domestic and international banks. Their lawyers have experience in such fields as international finance, banking law, shipping law, project finance, corporate and commercial law, litigation and debts recovery.

Dev Erriah describes the company values that are part of Erriah Chambers, as well as the approach the company takes to making clients satisfied. ‘At Erriah Chambers, we have a wide client-base which includes individuals, companies and trusts. Our core values are integrity and trust, the encouragement of innovation, teamwork, and the continuing personal development of everyone at the firm.

‘We adopt a systematic approach when undertaking a new project. Firstly, we define the goal of the project which eventually will enable us to devise a strategy and advise accordingly. Secondly, we set a deadline for the project and identify factors or events that are calling for that date. Finally, and most importantly, we communicate regularly with our clients in a professional manner and welcome their feedback in order to improve our service.’

According to Dev, Erriah Chambers has had to adapt to changes in the industry in order to meet the demand of their international clients.

‘The forecast of the industry is extremely different today compared with how it looked just a couple of years ago, when the fundamentals of the oil industry were controlled by cartels. Global economic weakness, more viable alternative forms of energy have all combined to dramatically curtail the need for oil. Our business has not been particularly affected in the sense that we advise and assist foreign companies to use Mauritius as a platform through our global business companies to invest in, inter alia, gas and oil in Africa while taking advantage of the benefits allocated by our laws to global business companies.

‘Mauritius is establishing itself as the main platform to do business in Africa. Our geographical position means that we are a link between Asia and Africa, and investors have not hesitated to use our platform by taking on board all the tax incentives that our laws provide to them. That considerable demand for the Mauritian jurisdiction means that law firms, like ours, have had to partner with foreign law firms and join continental or worldwide legal networks in recent years.

‘We always adapt to changes in our industry. Right now, the change is about the way the legal business is going about like I mentioned above. Two years ago, we have joined the extensive network of LexAfrica, which is an alliance of leading law firms in around 20 African countries, so that we can meet the demands of our international clients.’

As a final thought, Dev outlines the firms plans to expand their business in the future. ‘Our main ambition is to continue expanding, and to stay among the leading law firms of the country because we believe that competent law firms are essential to attract business and investment in a developing country like ours. We expect oil prices to remain low for the near future, although it would not surprise us if volatility returns.’

‘Our philosophy is to put our clients in the absolute best position possible to achieve the result that they want,’ Dev says. ‘We believe that being thoroughly prepared is crucial.’

Company: Erriah Chambers
Name: Dev R. Erriah
Email: [email protected] , [email protected]
Web Address: www.erriahchambers.com
Address: Level 2, Hennessy Court, Cnr of Pope Hennessy & Suffren Streets, Port Louis 11325
Telephone: (230) 2082220

Regional Knowledge the Secret to Success

Regional Knowledge the Secret to Success

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Kamal Habachi is a partner at Bakouchi & Habachi – HB Law Firm LLP. Located in Morocco, the legal firm specialises in all areas of business law.

Founded in 2006 by Mrs Salima Bakouchi, ‘Bakouchi & Habachi – HB Law Firm LLP’ is a multidisciplinary firm of business lawyers with expertise in business law. The firm is designed to provide assistance to public & private institutions, financial institutions and individuals with legal and tax benefits of high quality in consulting, pre litigation and litigation.

In 2012, the firm was transformed through a professional partnership of lawyers. The choice of legal firm reflects a willingness of partners to pool the expertise of lawyers, which is in the client’s exclusive interest.

Kamal Habachi speaks to us about what the law firm offers to its clients. ‘The activity of our firm, composed of lawyers and attorneys advice, and the diversity of our focus areas, allow us to assist, advise and defend our clients both in negotiations and support before the Moroccan courts . In order to effectively reach the needs of our customers, our firm maintains close professional relationships with governments, social partners and some international firms.

‘Our law firm is specialised in all areas of business law. The firm is divided into two complementary departments, department of litigation and the department of counselling. Thus, we provide to private companies and public institutions, legal services of the highest quality. Our client approach involves providing a full range of services to cover all the clients’ needs and to make them feel secure with a professional services provider.’

By continuously providing clients with a high quality legal service, they have built up strong working partnerships. Kamal remarks that having knowledge of the market is another reason why Bakouchi & Habachi have remained successful in Morocco.

‘The strategy of our firm is to provide high valueadded legal services. It offers a full range of services covering all clients’ legal and tax needs. The firm has lawyers from different backgrounds, thus enabling the firm to handle all the legal and tax issues a company may face.

Also, and in a continuously changing environment, the firm seeks to broaden its areas of expertise and to build on the strengths of the HB Law Firm team to cater to all its clients’ needs. We strictly comply with the profession’s exacting code of conduct. Our ongoing business strategy is to set up a full services and proximity with the client and to build a partnership for punctual project or day to day business.’

‘Our strong skills and good knowledge of the Moroccan market make us one of the business leaders in our sector. Also, being aware of the international laws, conventions and treaties ratified by Morocco, is very important in order to provide high quality legal services. We implement the best technology, maintain secure data and files, and we are assisted by professional services providers.’

The MEA region has benefitted from Bakouchi & Habachi’s experience. They have gone on to help many companies in Morocco, whilst also facing the challenges of the country’s legal system. Knowledge of the region appears to be the secret to their success.

‘Our law firm helped many international firms to get established in Morocco. We have helped to facilitate many Moroccan companies to implement their business in other countries in Africa, as well as helping an important number of companies to face legal issues that had a huge impact on the company worldwide.’

‘Morocco has adopted and amended many laws in the last decade. In consequence, many challenges are arising out of those changes: e.g. companies must comply with all these laws mainly in corporate law, anti-trust law, consumption law, and the protection of personal data law.
Furthermore, Casablanca has become a regional hub, a gate to the African continent which offers many challenges and opportunities to our country as many big firms have decided to get established in Casablanca.’

Kamal Habachi states that the law firm ‘remains open to new ideas and different points of view.’ Bakouchi & Habachi’s future plans include hiring lawyers from different backgrounds and cultures, creating a more diverse workforce. Another goal of the firm is to make Bakouchi & Habachi more important in the industry, both in terms of the quality of their work and the quantity of their clients.

Company: Bakouchi & Habachi- HB Law
Firm Name: Kamal Habachi
Email: [email protected]
Web Address: www.hblaw.ma
Address: 6, Farabi Street, R’sidence Toubkal, 2nd floor, Casablanca, Morocco
Telephone: +212 522 474193

Hewu Attorneys Providing Seamless Solutions

Hewu Attorneys Providing Seamless Solutions

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Hewu Attorneys is a corporate commercial law firm with a strong inclination towards corporate tax, mergers and acquisitions, real estate and dispute resolution. With its offices located in Fourways, Johannesburg, the firm provides clients across the sectors of financial services, energy, health, hospitality, gambling and information technology.

The firm was established by Bartlett in August 2011, after 11 years in private practice with one client NBC Holdings, an employee benefits funds administrator, which has a footprint in South Africa, Swaziland, Kenya, Lesotho and Ghana.

At Hewu Attorneys, they have recognised the need to provide holistic seamless solutions for clients and in this regard they have, amongst others, brokered an association with a leading black owned forensic services company. Their professional team is committed to service excellence, professionalism and integrity in their dealings with each and every client of the firm.

There are a range of services which Hewu Attorneys deliver. They provide cost effective legal services that meet with clients’ expectations, constantly communicate and provide status briefings on clients’ matters and deliver on their mandates on reasonable time frames to add value to clients’ business. Also, the firm invests in long term mutually beneficial relationships with its clients, striving to understand clients’ business operations in order to provide holistic and seamless solutions. In addition, Hewu Attorneys endeavours to be a responsible corporate citizen informed by the socio-economic challenges facing its communities and is committed to the Bartlett Hewu of Hewu Attorneys, a commercial law firm, chats to us about the company’s accomplishments in South Africa and the successful partnerships they have built in the MEA region.

stakeholder approach of doing business by taking care of their employees, suppliers and clients.
The firm also has a list of values which they adhere to in order to ensure a successful and happy client relationship. Firstly, they aim to perform all mandates to the best of their abilities, to provide high quality service to clients and to be transparent with clients and set realistic delivery time frames.

Bartlett Hewu explains how he has seen the firm grow substantially, telling us, ‘We service blue-chip clientele, corporates, private equity funds, state owned and municipal owned entities. Our ongoing strategy is to ensure that we employ like-minded people who share the same vision and values as those of the firm. We continually embark in further education and development of our human capital. We also have a sizeable clientele in the MEA region. We are a firm founded on the principle of integrity, service excellence, innovation and ‘ubuntu’ ‘ an African word which roughly translates to ‘humanity towards others’.’

In order to adequately advise a new client, Bartlett believes it’s always important to understand the clients’ needs and their business operations. Understanding and honesty can forge strong partnerships with clients. ‘Upon receipt of an instruction, a preliminary view of our understanding of the issues will be sent to the client for confirmation and approval. Afterwards, a few scenarios with attendant consequences will be explored before a definitive cause of action is undertaken. This is geared towards an efficient and cost effective legal service to the client. For instance, if it is befitting to settle a matter before incurring any further fees and costs, then that is what we advise our client.

‘I remember an instance during my first consultation with a client whereby, I advised the client to walk away from a deal in Switzerland after understanding the transaction and issues involved. The simple reason was that there was no value in the deal for our client. That advice culminated in a long lasting and mutually beneficial relationship with the client.’

The Middle East and Africa region has benefitted from the experience that Hewu Attorneys provides. The firm has made strong client partnerships in the region, as Bartlett describes.
‘Over the past five years we have advised on several cross border transactions in the MEA region. We continue to forge and establish strong relationships with our colleagues and clients in the region. We were voted and received an award for the ‘Most Innovative Commercial Law Firm in 2016′ by Acquisition International.’

‘Africa is an emerging market and with a huge potential for growth. Over the past five years or so, the continent has attracted multinational law firms to its shores. In South Africa, we have a Legal Practice Act which seeks to regulate the professions of solicitors and barristers under one body. This results in clients being able to procure the services of barristers directly without the traditional route of accessing these services through the assistance of solicitors.’

Bartlett explains how technology is used throughout Hewu Attorneys to ensure a more efficient client experience. ‘We have IT infrastructure and an IT support team. The practice management and billing systems including hardware are state of the art. Our website is linked to Google ads. Reports to clients and bookkeeping are all integrated in the practice management and billings systems. Data back-up is done religiously and we use the Microsoft cloud. In addition, we use digital transcription machines and dictaphones for interviews with clients.’

Investment in development and training for staff enhances Hewu Attorneys reputation in the industry, making the firm stand out from its competitors.

‘We invest in our human capital and promote further education and development at the firm’s expense. We believe in strength in our diversity and practise what we preach. In addition, it can be difficult to obtain new clients and it can be easy to lose them. This keeps us on our toes, thus we never take our clients for granted.’

‘Our ethos is that our precious commodity is our staff and our bosses are our clients. Every day we join forces with my team to service our clients who in turn pay our bills. Somebody once said to me, when you pay an engineer you will have something to show for it; when you pay for a service, it is difficult to measure the value received against the payment. Hence we adopt the value added approach to our clients’ affairs. We have since realised the truth of the saying ‘business is built on relationships’ and cash flow is key to the survival of any business.’

To be a successful leader, Bartlett believes that there are qualities that are integral to success. In addition to being well-motivated, having a positive and hardworking team are important at Hewu Attorneys. ‘I’d like to think that I am personable and dependable, a great listener, not averse to risk and never shy away from a challenge. I am willing to learn, and I am always looking for new opportunities. I believe in team work and trust the abilities and competence of my team. I take a keen and special interest in the welfare and wellbeing of my staff.’

‘To stay motivated, I have stayed true to myself and set realistic and attainable short to medium term goals and focussing on them until they are achieved without losing hope. I am an avid reader of business and political biographies and learn from other people’s experiences and I always tell myself that the best is yet to come.’

In the future, Hewu Attorneys aims to build a medium size multidisciplinary firm and to maintain high levels of integrity. According to Bartlett, the firm will aim to have strategic partnerships across the MEA region.

Company: Hewu Inc. Attorneys
Name: Bartlett Hewu
Email: [email protected]
Web Address: www.hewu.co.za 
Address: Ground Floor, Block 9, Fourways Office Park, Cnr Fourways Boulevard & Roos Street, Fourways, Johannesburg, South Africa
Telephone: +27 (0) 11 465 7901

MoF holds the second meeting of the Government Financial Policy Coordination Council for 2016

MoF holds the second meeting of the Government Financial Policy Coordination Council for 2016

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The Ministry of Finance (MoF), in collaboration with the Central Finance Department of Sharjah, organised yesterday the second meeting of the Government Financial Policy Coordination Council for 2016. The meeting was headed by HE Younis Haji Al Khoori, Undersecretary of MoF and Chairman of the Government Financial Policy Coordination Council, in the presence of HE Saeed Rashid Al Yateem, Assistant undersecretary of Resources and Budget Sector at MoF. 

The second meeting for 2016 was attended by members of the Government Financial Policy Coordination Council from UAE governments, including HE Waleed Ibrahim Al Sayegh, Director General of the Central Finance Department of Sharjah; HE Marwan Al Ali, Acting Director General of the Department of Finance in Ajman; HE Arif Abdul Rahman Ahli, Executive Director of Budget and Planning at the Department of Finance in Dubai; HE Youssef Abdullah Al Awadi, Deputy Director of DoF- Fujairah; HE Abdul Aziz Hareb Al Yousuf, Executive Director of General Budget Sector at the Department of Finance- Abu Dhabi ;HE Mohammed Sultan Al Qadi, Managing Director of the Investment and Development office (IDO) Government of Ras Al Khaimah and Mohammed Saif Al Talay, General Director of the Department of Financial Auditing – Umm Al Quwain.

HE Younis Haji Al Khoori highlighted the government finance departments’ efforts to support the Council, specifically with their role in linking the financial systems with the Emirates Gate of GFS Reports. HE added: “The Government Financial Policy Coordination Council plays a pivotal role in unifying efforts and coordination between federal and local government entities to apply the best international standards and enhance government financial work.”

HE Waleed Ibrahim Al Sayegh, Director General of the Central Finance Department of Sharjah said: “We are delighted to host for the first time the Council’s meeting in Sharjah. This reflects the commitment and cooperation among UAE finance institutions and departments to review the latest international developments on financial policies. This is also a result of the government’s efforts towards raising the level of local and federal fiscal policies, in accordance with best international standards.”

Members of the Council discussed a number of important elements including the consolidated financial statements for the fiscal year end 2015 and the first quarter of the year 2016, the latest developments on the draft balance sheet of the GFSM 2014, a review of the latest developments on the requirements for the UAE’s evaluation by the Global Forum on Transparency and Exchange of Information for Tax Purposes, the financial plan 2017 -2021 for the federal government in addition to a review of the most significant monetary and banking developments by the UAE Central Bank. The Ministry of Finance also took the opportunity to inform members of the Council on its smart apps MoF mServices.

Tougher Regulations Making GCC Schools More Globally Competitive and Sustainable

Tougher Regulations Making GCC Schools More Globally Competitive and Sustainable

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Dubai, United Arab Emirates – Tougher regulatory requirements imposed by GCC states are prompting contractors and developers to make schools throughout the region more globally competitive and sustainable. 

“There is an increasing sophistication in the regulatory controls in the GCC market in general, with some specific developments in specific countries. For example, in Qatar, fire regulations are now far more stringent which affects building height and floor distribution and has affected many projects which were planned at G+3 for student use and now can only go to G+2 for student use. Many countries are now being far more focused on sustainability issues as well as environmental requirements – and are enforcing them,” says Simon Lucas, one of the featured speakers at the International Private Schools Education Forum (IPSEF) scheduled to take place in Dubai next month.

But school design and build experts also believe that education facilities and design will likely play a key role in differentiating schools as owners seek to stay competitive, given the increasing competition within education market throughout the GCC.

“Information technology will continue to dominate how we teach in the 21st Century.  As a result there has been a debate in recent years about the relevance of spaces and buildings when the focus has been on the technology and the ability to teach an international curriculum through the virtual world.  We should expect further focus on how school facilities can make the most of technology advancements. It still surprises me that with the exception of a few, school buildings in the UAE do not provide students with the practical examples of the importance of sustainable design when sustainability is now a key theme of any education syllabus,” said Mark Roelofsen, co-founder, IPSEF.

Design trends 

According to Lucas, many GCC countries now have standard designs for the own indigenous schools and while they do not impose these in any way on international school development, many of the requirements they have developed for local schools are applied to all schools.

In terms of design, there are three main emerging trends – a) a significant push on ICT enabled learning environments which affects all aspects of design and M&E services; b) greater sustainability of environmental systems – air conditioning and airflow, among others and c) most importantly, the need for learning spaces to be adaptable over time to meet new curriculum and organisational developments.

“This is a key factor in a more rapidly changing environment on both the demand side and the supply side. Included in this is a greater focus we see on the FFE aspects of builds – the need to see the learning spaces and the equipment / furniture / fittings all as a single design to provide for greater adaptability,” added Lucas. 

Other design and build trends, challenges and opportunities will be highlighted at the forthcoming IPSEF Middle East Forum scheduled on 27-28 September 2016 at the Jumeirah Creekside Hotel. 

King & Spalding Elects Three Partners in its Middle East Offices

King & Spalding Elects Three Partners in its Middle East Offices

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King & Spalding Elects Three Partners in its Middle East Offices

King & Spalding has named three new partners to its Middle East offices: Simon Rahimzada (Corporate M&A and Capital Markets), Moustafa Said (Real Estate & Hospitality), and James Stull (Investment Funds & Private Equity).

All three new partners are based in the firm’s UAE offices and are part of a class of 24 new partners and 16 new counsel whose promotions are effective Jan. 1, 2016.  King & Spalding has 18 offices in the United States, Europe, Asia and has three offices in the Middle East in Abu Dhabi, Dubai and Riyadh.

‘Simon, Moustafa and James are smart, dedicated lawyers with great insight and experience in their respective fields in the Middle East,’ said Isam Salah, head of the firm’s Middle East Practice Group. ‘These are well deserved promotions and will further the growth of three of our  core practices in the Middle East.’  

‘For the firm to elevate three of our Middle East-based lawyers to partner this year is a testament to both the individuals and the depth of talent we have in our Middle East offices,’ said Jawad Ali, managing partner of King & Spalding’s Middle East offices. ‘We have pursued a long-term organic growth strategy in our Middle East offices. As a part of that strategy, we continue to attract and promote the best talent in the region. We truly believe that our associates and counsel are our potential future partners which is why we invest heavily in training and mentoring our young lawyers early on and continue to do so throughout their career.’

Last year, the firm elevated Dubai-based Philip Sacks (Investment Funds) to partner.

With 31 fee earners in the Middle East and more than 50 fee earners worldwide who are part of, or directly support, the Middle East practice, King & Spalding offers extensive experience in Islamic finance, project finance, corporate, M&A, investment funds, real estate, private equity, capital markets, construction, energy and international arbitration.

Elsevier and the Egyptian Government Sign National License Agreement

Elsevier and the Egyptian Government Sign National License Agreement

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Elsevier and the Egyptian Government Sign National License Agreement

Collaboration aims to boost Egypt’s  education, health care, research and innovation  capacity

Elsevier, a world-leading provider of scientific, technical and medical information products and services, has announced a multi-year agreement with the Egyptian Government, which supports the country’s aim to further develop as knowledge-driven society and strengthen its position as an education hub in the Arab region. The national license agreement includes access to ScienceDirect, Elsevier’s full-text platform for research literature, Scopus, the largest abstract and citation database of peer-reviewed literature and ClinicalKey, Elsevier’s online search engine that provides evidence-based clinical answers to healthcare professionals and students.

The agreement was signed by Prof. Tarek Shawki, Secretary General of the Presidential Specialized Councils on behalf of the Egyptian Government, and Gino Ussi, Elsevier’s Executive Vice President Research Solutions Sales. It will provide Egyptian researchers, students, caregivers and professionals with the content and tools that will further improve the research and education system, promote a culture of quality and standards across healthcare institutions and stimulate innovation and the economy.

Prof. Tarek Shawki said, “The mega national project called the ‘Egyptian Knowledge Bank’ is an integral building block for developing an Egyptian learning society in which all citizens are given the opportunity to learn, think and innovate. This effort brings together the world’s knowledge in one of the largest global digital libraries that is accessible to all that are able to drive inspiration, learning and innovation nationwide. We look forward to a very fruitful collaboration with Elsevier through which we advance scientific research and innovation in Egypt. “

Gino Ussi added, “We’re in the business of advancing science and health for the benefit of society, among other things by providing the broadest possible access to content and technology that empowers knowledge. That’s what motivates us. It’s exciting to work with like-minded people like Prof. Shawki on a project that has the potential to unleash the enormous research and innovation potential of Egypt. “