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(298169, 28533, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n<img class=\"size-full wp-image-8215 aligncenter\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/4.jpg\" alt=\"\" width=\"752\" height=\"372\" />\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>|<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n<img class=\"aligncenter wp-image-8224 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/41.jpg\" alt=\"\" width=\"1214\" height=\"372\" />\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>'),
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(298177, 28534, 'PostTitle', 'Safeguarding 2.0'),
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(298179, 28534, 'PostDate', '2018-09-03 18:00:32'),
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(298187, 28535, 'PostID', '8186'),
(298188, 28535, 'PostType', 'law_update_articles'),
(298189, 28535, 'PostTitle', 'Regulation of Crypto Assets at ADGM'),
(298190, 28535, 'PostStatus', 'draft'),
(298191, 28535, 'PostDate', '2018-09-03 17:51:28'),
(298192, 28535, 'PostUrl', 'https://www.tamimi.com/?post_type=law_update_articles&p=8186'),
(298193, 28535, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8186&amp;action=edit'),
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(298199, 28536, 'PostID', '8186'),
(298200, 28536, 'PostTitle', 'Regulation of Crypto Assets at ADGM'),
(298201, 28536, 'PostStatus', 'draft'),
(298202, 28536, 'PostType', 'law_update_articles'),
(298203, 28536, 'PostDate', '2018-09-03 18:01:16'),
(298204, 28536, 'PostUrl', 'https://www.tamimi.com/?post_type=law_update_articles&p=8186'),
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(298207, 28536, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8212 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/1-222x1024.jpg\" alt=\"\" width=\"106\" height=\"489\" />Taking a lead on the regulation of crypto assets in the Abu Dhabi Global Market (\"ADGM\"), the Financial Services Regulatory Authority (\"FSRA\") issued <em>Guidance on Regulation of Crypto Asset Activities in ADGM</em> (the \"Regulations\"). The Regulations are supplementary to and should be read in conjunction with FSRA’s <em>Guidance on Regulation of Initial Coin/Token Offerings and Virtual Currencies under the Financial Services and Markets Regulations 2015</em> issued on 9 October 2017 (the \"ICO Guidance\").</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations together with applicable rules and regulations governing crypto assets, as issued by the FSRA, provides for a comprehensive Spot Crypto Asset Framework (the \"Framework\"). The Regulation sets out and limits the FSRA’s approach to the regulation of crypto asset activities in and from the ADGM, including activities conducted by crypto asset exchanges, crypto asset custodians and intermediaries engaged in crypto asset activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For purposes of the Regulations and the Framework, <em>Crypto Assets</em> are a digital representation of value that can be digitally traded and functions as a: (a) medium of exchange; (b) unit of account; and/or (c) a store of value. These: (i) do not have a legal tender status in any jurisdiction; (ii) are neither issued nor guaranteed by any jurisdiction and fulfil its functions only by agreement within the community of users of such assets; and (iii) are distinguished from fiat currencies including electronic money.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Initial Coin Offerings</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Framework is not intended to apply to initial token or coin offerings (\"ICOs\") and such offerings will continue to be regulated in accordance with the ICO Guidance. The ICO Guidance clarifies the nature of token offerings (utility or security) that are permissible in the ADGM.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Objectives of the Framework</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">While, the fact that crypto assets can be created, stored and transferred without the need of any third party makes it attractive for its users, it also raises significant regulatory concerns for regulatory authorities and law enforcement agencies worldwide, particularly in relation to money laundering, terrorism financing, consumer protection, market abuse, amongst other risks.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA under the Framework addresses these risks in addition to issues that may arise in connection with protection of client money, safe custody, technology governance and disclosure and transparency, which makes it an attractive and comparatively secure jurisdiction for conducting crypto related activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Notwithstanding that crypto assets are deemed as commodities and are not considered a \"Specified Investment\" (for purposes of Financial Services and Markets Regulations, 2015, as may be amended from time to time (FSMR)), to ensure adequate consumer protection, while meeting demands in this market space, the FSRA has rightly provided for certain activities associated with crypto assets to be regulated. The diagram sets out FSRA’s approach in relation to different type of digital assets.</p>\r\n <img class=\"aligncenter size-full wp-image-8223\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/35.jpg\" alt=\"\" width=\"1822\" height=\"580\" />\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Operating a Crypto Asset Business</h3>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\">Who can Operate a Crypto Asset Business (\"OCAB\") in and from the ADGM?</h4>\r\n<ul>\r\n 	<li dir=\"LTR\">new applicants;</li>\r\n 	<li dir=\"LTR\">authorised persons (i.e. persons authorised to carry on other regulated activities within the ADGM); and</li>\r\n 	<li dir=\"LTR\">recognised investment exchanges.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Amongst these, applicants that qualify for authorisation under the Framework will be granted a Financial Service Permission (\"FSP\") to carry on regulated activity of OCAB.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">OCAB permits undertaking of one or more crypto asset activities, which include:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">buying, selling or exercising any right in accepted crypto assets (whether as principal or agent);</li>\r\n 	<li dir=\"LTR\">managing accepted crypto assets belonging to another person;</li>\r\n 	<li dir=\"LTR\">making arrangements with a view to another person (whether as principal or agent) buying, selling or providing custody of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">marketing of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">advising on the merits of buying or selling of accepted crypto assets or any rights conferred by such buying or selling; and</li>\r\n 	<li dir=\"LTR\">operating a crypto asset exchange or operating as a crypto asset custodian.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA’s approach to the regulatory treatment of crypto assets in the ADGM is encouraging. The Framework makes it evident that: (a) crypto asset activities may only be permitted in connection with crypto assets that are categorised as \"Accepted Crypto Assets\" i.e. those crypto assets that fulfil criteria prescribed by the FSRA; and (b) any person dealing with such accepted crypto assets including intermediaries (such as brokers/dealers, asset managers, crypto asset exchanges, crypto asset custodians) involved in dealing, managing or arranging Accepted Crypto Assets, would require an FSP to operate in and from the ADGM.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However: (i) creation or administration of crypto assets; (ii) development, dissemination or use of software for the purpose of creating or mining a crypto asset; (iii) transmission of crypto assets; (iv) loyalty points scheme denominated in crypto assets; and (v) such other activity as may be determined by the FSRA to not constitute OCAB, shall not constitute OCAB and therefore will not be subject to the Framework.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Crypto Asset Exchanges and Crypto Asset Custodians</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">Whilst most of the crypto asset activities are subject to similar regulations within the Framework, the FRSA considers the crypto asset activities conducted by crypto asset exchanges and crypto asset custodians a key crypto activity in the ADGM. Therefore the Framework levies specific additional requirements applicable to such participants.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Exchanges</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to the requirements applicable to other crypto asset activities, additional requirements for a crypto asset exchange would include substantial commercial, governance, compliance, technical, information technology and human resources presence within the ADGM. A recognised investment exchange may operate as a crypto asset exchange, as part of the regulated activity of OCAB, provided that recognition order of such exchange includes a stipulation, permitting it to do so. In such cases, such exchanges would be subject to the Framework (including fees applicable for conducting OCAB) in addition to other regulations and fees (including market infrastructure rule), it already is subject to.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Custodians</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards crypto asset custodians, the FRSA has taken a similar approach to that of other custodian activities permitted within the ADGM. In order to afford the same protection the FSRA offers to other similar products within the FSMR (including relevant rule books) it has widened the scope of definitions of \"Providing Custody\", \"Client Assets\", \"Client Investments\" and \"Investment Business\" (as defined under the FSMR) to include crypto assets and OCAB.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Fees</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The fees for OCAB are comparatively higher than most other regulated activities within the ADGM. In addition to the fees applicable to crypto asset exchanges, a trading fees is levied on such exchanges, which is payable on a monthly basis. This is calculated as a percentage of trades conducted for each month.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations are a welcome change and seem to address regulatory requirements around crypto asset activities within the ADGM. We are hopeful that this would encourage other financial regulators within the region to issue regulations and therefore provide options to potential applicants.</p>\r\n<em>Al Tamimi &amp; Company’s banking and finance team regularly advises on issues in relation to crypto assets. For further information please contact Ms. <a href=\"https://www.tamimi.com/lawyer/divya-abrol-gambhir/\">Divya Abrol Gambhir</a> (<a href=\"mailto:d.abrol@tamimi.com\">d.abrol@tamimi.com</a>) or Mr. <a href=\"https://www.tamimi.com/lawyer/ashish-banga/\">Ashish Banga</a> (<a href=\"mailto:a.banga@tamimi.com\">a.banga@tamimi.com</a>).</em>\r\n\r\n&nbsp;\r\n\r\n<img class=\"aligncenter wp-image-8213 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/2.jpg\" alt=\"\" width=\"1597\" height=\"118\" />'),
(298208, 28536, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8212 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/1-222x1024.jpg\" alt=\"\" width=\"106\" height=\"489\" />Taking a lead on the regulation of crypto assets in the Abu Dhabi Global Market (\"ADGM\"), the Financial Services Regulatory Authority (\"FSRA\") issued <em>Guidance on Regulation of Crypto Asset Activities in ADGM</em> (the \"Regulations\"). The Regulations are supplementary to and should be read in conjunction with FSRA’s <em>Guidance on Regulation of Initial Coin/Token Offerings and Virtual Currencies under the Financial Services and Markets Regulations 2015</em> issued on 9 October 2017 (the \"ICO Guidance\").</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations together with applicable rules and regulations governing crypto assets, as issued by the FSRA, provides for a comprehensive Spot Crypto Asset Framework (the \"Framework\"). The Regulation sets out and limits the FSRA’s approach to the regulation of crypto asset activities in and from the ADGM, including activities conducted by crypto asset exchanges, crypto asset custodians and intermediaries engaged in crypto asset activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For purposes of the Regulations and the Framework, <em>Crypto Assets</em> are a digital representation of value that can be digitally traded and functions as a: (a) medium of exchange; (b) unit of account; and/or (c) a store of value. These: (i) do not have a legal tender status in any jurisdiction; (ii) are neither issued nor guaranteed by any jurisdiction and fulfil its functions only by agreement within the community of users of such assets; and (iii) are distinguished from fiat currencies including electronic money.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Initial Coin Offerings</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Framework is not intended to apply to initial token or coin offerings (\"ICOs\") and such offerings will continue to be regulated in accordance with the ICO Guidance. The ICO Guidance clarifies the nature of token offerings (utility or security) that are permissible in the ADGM.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Objectives of the Framework</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">While, the fact that crypto assets can be created, stored and transferred without the need of any third party makes it attractive for its users, it also raises significant regulatory concerns for regulatory authorities and law enforcement agencies worldwide, particularly in relation to money laundering, terrorism financing, consumer protection, market abuse, amongst other risks.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA under the Framework addresses these risks in addition to issues that may arise in connection with protection of client money, safe custody, technology governance and disclosure and transparency, which makes it an attractive and comparatively secure jurisdiction for conducting crypto related activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Notwithstanding that crypto assets are deemed as commodities and are not considered a \"Specified Investment\" (for purposes of Financial Services and Markets Regulations, 2015, as may be amended from time to time (FSMR)), to ensure adequate consumer protection, while meeting demands in this market space, the FSRA has rightly provided for certain activities associated with crypto assets to be regulated. The diagram sets out FSRA’s approach in relation to different type of digital assets.</p>\r\n <img class=\"aligncenter wp-image-8188 size-large\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/Article-Graph-1-1024x525.jpg\" alt=\"\" width=\"640\" height=\"328\" />\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Operating a Crypto Asset Business</h3>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\">Who can Operate a Crypto Asset Business (\"OCAB\") in and from the ADGM?</h4>\r\n<ul>\r\n 	<li dir=\"LTR\">new applicants;</li>\r\n 	<li dir=\"LTR\">authorised persons (i.e. persons authorised to carry on other regulated activities within the ADGM); and</li>\r\n 	<li dir=\"LTR\">recognised investment exchanges.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Amongst these, applicants that qualify for authorisation under the Framework will be granted a Financial Service Permission (\"FSP\") to carry on regulated activity of OCAB.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">OCAB permits undertaking of one or more crypto asset activities, which include:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">buying, selling or exercising any right in accepted crypto assets (whether as principal or agent);</li>\r\n 	<li dir=\"LTR\">managing accepted crypto assets belonging to another person;</li>\r\n 	<li dir=\"LTR\">making arrangements with a view to another person (whether as principal or agent) buying, selling or providing custody of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">marketing of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">advising on the merits of buying or selling of accepted crypto assets or any rights conferred by such buying or selling; and</li>\r\n 	<li dir=\"LTR\">operating a crypto asset exchange or operating as a crypto asset custodian.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA’s approach to the regulatory treatment of crypto assets in the ADGM is encouraging. The Framework makes it evident that: (a) crypto asset activities may only be permitted in connection with crypto assets that are categorised as \"Accepted Crypto Assets\" i.e. those crypto assets that fulfil criteria prescribed by the FSRA; and (b) any person dealing with such accepted crypto assets including intermediaries (such as brokers/dealers, asset managers, crypto asset exchanges, crypto asset custodians) involved in dealing, managing or arranging Accepted Crypto Assets, would require an FSP to operate in and from the ADGM.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However: (i) creation or administration of crypto assets; (ii) development, dissemination or use of software for the purpose of creating or mining a crypto asset; (iii) transmission of crypto assets; (iv) loyalty points scheme denominated in crypto assets; and (v) such other activity as may be determined by the FSRA to not constitute OCAB, shall not constitute OCAB and therefore will not be subject to the Framework.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Crypto Asset Exchanges and Crypto Asset Custodians</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">Whilst most of the crypto asset activities are subject to similar regulations within the Framework, the FRSA considers the crypto asset activities conducted by crypto asset exchanges and crypto asset custodians a key crypto activity in the ADGM. Therefore the Framework levies specific additional requirements applicable to such participants.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Exchanges</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to the requirements applicable to other crypto asset activities, additional requirements for a crypto asset exchange would include substantial commercial, governance, compliance, technical, information technology and human resources presence within the ADGM. A recognised investment exchange may operate as a crypto asset exchange, as part of the regulated activity of OCAB, provided that recognition order of such exchange includes a stipulation, permitting it to do so. In such cases, such exchanges would be subject to the Framework (including fees applicable for conducting OCAB) in addition to other regulations and fees (including market infrastructure rule), it already is subject to.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Custodians</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards crypto asset custodians, the FRSA has taken a similar approach to that of other custodian activities permitted within the ADGM. In order to afford the same protection the FSRA offers to other similar products within the FSMR (including relevant rule books) it has widened the scope of definitions of \"Providing Custody\", \"Client Assets\", \"Client Investments\" and \"Investment Business\" (as defined under the FSMR) to include crypto assets and OCAB.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Fees</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The fees for OCAB are comparatively higher than most other regulated activities within the ADGM. In addition to the fees applicable to crypto asset exchanges, a trading fees is levied on such exchanges, which is payable on a monthly basis. This is calculated as a percentage of trades conducted for each month.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations are a welcome change and seem to address regulatory requirements around crypto asset activities within the ADGM. We are hopeful that this would encourage other financial regulators within the region to issue regulations and therefore provide options to potential applicants.</p>\r\n<em>Al Tamimi &amp; Company’s banking and finance team regularly advises on issues in relation to crypto assets. For further information please contact Ms. <a href=\"https://www.tamimi.com/lawyer/divya-abrol-gambhir/\">Divya Abrol Gambhir</a> (<a href=\"mailto:d.abrol@tamimi.com\">d.abrol@tamimi.com</a>) or Mr. <a href=\"https://www.tamimi.com/lawyer/ashish-banga/\">Ashish Banga</a> (<a href=\"mailto:a.banga@tamimi.com\">a.banga@tamimi.com</a>).</em>\r\n\r\n&nbsp;\r\n\r\n<img class=\"aligncenter wp-image-8213 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/2.jpg\" alt=\"\" width=\"1597\" height=\"118\" />'),
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(298211, 28536, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8212 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/1-222x1024.jpg\" alt=\"\" width=\"106\" height=\"489\" />Taking a lead on the regulation of crypto assets in the Abu Dhabi Global Market (\"ADGM\"), the Financial Services Regulatory Authority (\"FSRA\") issued <em>Guidance on Regulation of Crypto Asset Activities in ADGM</em> (the \"Regulations\"). The Regulations are supplementary to and should be read in conjunction with FSRA’s <em>Guidance on Regulation of Initial Coin/Token Offerings and Virtual Currencies under the Financial Services and Markets Regulations 2015</em> issued on 9 October 2017 (the \"ICO Guidance\").</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations together with applicable rules and regulations governing crypto assets, as issued by the FSRA, provides for a comprehensive Spot Crypto Asset Framework (the \"Framework\"). The Regulation sets out and limits the FSRA’s approach to the regulation of crypto asset activities in and from the ADGM, including activities conducted by crypto asset exchanges, crypto asset custodians and intermediaries engaged in crypto asset activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For purposes of the Regulations and the Framework, <em>Crypto Assets</em> are a digital representation of value that can be digitally traded and functions as a: (a) medium of exchange; (b) unit of account; and/or (c) a store of value. These: (i) do not have a legal tender status in any jurisdiction; (ii) are neither issued nor guaranteed by any jurisdiction and fulfil its functions only by agreement within the community of users of such assets; and (iii) are distinguished from fiat currencies including electronic money.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Initial Coin Offerings</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Framework is not intended to apply to initial token or coin offerings (\"ICOs\") and such offerings will continue to be regulated in accordance with the ICO Guidance. The ICO Guidance clarifies the nature of token offerings (utility or security) that are permissible in the ADGM.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Objectives of the Framework</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">While, the fact that crypto assets can be created, stored and transferred without the need of any third party makes it attractive for its users, it also raises significant regulatory concerns for regulatory authorities and law enforcement agencies worldwide, particularly in relation to money laundering, terrorism financing, consumer protection, market abuse, amongst other risks.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA under the Framework addresses these risks in addition to issues that may arise in connection with protection of client money, safe custody, technology governance and disclosure and transparency, which makes it an attractive and comparatively secure jurisdiction for conducting crypto related activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Notwithstanding that crypto assets are deemed as commodities and are not considered a \"Specified Investment\" (for purposes of Financial Services and Markets Regulations, 2015, as may be amended from time to time (FSMR)), to ensure adequate consumer protection, while meeting demands in this market space, the FSRA has rightly provided for certain activities associated with crypto assets to be regulated. The diagram sets out FSRA’s approach in relation to different type of digital assets.</p>\r\n <img class=\"aligncenter wp-image-8188 size-large\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/Article-Graph-1-1024x525.jpg\" alt=\"\" width=\"640\" height=\"328\" />\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Operating a Crypto Asset Business</h3>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\">Who can Operate a Crypto Asset Business (\"OCAB\") in and from the ADGM?</h4>\r\n<ul>\r\n 	<li dir=\"LTR\">new applicants;</li>\r\n 	<li dir=\"LTR\">authorised persons (i.e. persons authorised to carry on other regulated activities within the ADGM); and</li>\r\n 	<li dir=\"LTR\">recognised investment exchanges.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Amongst these, applicants that qualify for authorisation under the Framework will be granted a Financial Service Permission (\"FSP\") to carry on regulated activity of OCAB.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">OCAB permits undertaking of one or more crypto asset activities, which include:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">buying, selling or exercising any right in accepted crypto assets (whether as principal or agent);</li>\r\n 	<li dir=\"LTR\">managing accepted crypto assets belonging to another person;</li>\r\n 	<li dir=\"LTR\">making arrangements with a view to another person (whether as principal or agent) buying, selling or providing custody of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">marketing of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">advising on the merits of buying or selling of accepted crypto assets or any rights conferred by such buying or selling; and</li>\r\n 	<li dir=\"LTR\">operating a crypto asset exchange or operating as a crypto asset custodian.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA’s approach to the regulatory treatment of crypto assets in the ADGM is encouraging. The Framework makes it evident that: (a) crypto asset activities may only be permitted in connection with crypto assets that are categorised as \"Accepted Crypto Assets\" i.e. those crypto assets that fulfil criteria prescribed by the FSRA; and (b) any person dealing with such accepted crypto assets including intermediaries (such as brokers/dealers, asset managers, crypto asset exchanges, crypto asset custodians) involved in dealing, managing or arranging Accepted Crypto Assets, would require an FSP to operate in and from the ADGM.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However: (i) creation or administration of crypto assets; (ii) development, dissemination or use of software for the purpose of creating or mining a crypto asset; (iii) transmission of crypto assets; (iv) loyalty points scheme denominated in crypto assets; and (v) such other activity as may be determined by the FSRA to not constitute OCAB, shall not constitute OCAB and therefore will not be subject to the Framework.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Crypto Asset Exchanges and Crypto Asset Custodians</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">Whilst most of the crypto asset activities are subject to similar regulations within the Framework, the FRSA considers the crypto asset activities conducted by crypto asset exchanges and crypto asset custodians a key crypto activity in the ADGM. Therefore the Framework levies specific additional requirements applicable to such participants.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Exchanges</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to the requirements applicable to other crypto asset activities, additional requirements for a crypto asset exchange would include substantial commercial, governance, compliance, technical, information technology and human resources presence within the ADGM. A recognised investment exchange may operate as a crypto asset exchange, as part of the regulated activity of OCAB, provided that recognition order of such exchange includes a stipulation, permitting it to do so. In such cases, such exchanges would be subject to the Framework (including fees applicable for conducting OCAB) in addition to other regulations and fees (including market infrastructure rule), it already is subject to.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Custodians</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards crypto asset custodians, the FRSA has taken a similar approach to that of other custodian activities permitted within the ADGM. In order to afford the same protection the FSRA offers to other similar products within the FSMR (including relevant rule books) it has widened the scope of definitions of \"Providing Custody\", \"Client Assets\", \"Client Investments\" and \"Investment Business\" (as defined under the FSMR) to include crypto assets and OCAB.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Fees</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The fees for OCAB are comparatively higher than most other regulated activities within the ADGM. In addition to the fees applicable to crypto asset exchanges, a trading fees is levied on such exchanges, which is payable on a monthly basis. This is calculated as a percentage of trades conducted for each month.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations are a welcome change and seem to address regulatory requirements around crypto asset activities within the ADGM. We are hopeful that this would encourage other financial regulators within the region to issue regulations and therefore provide options to potential applicants.</p>\r\n<em>Al Tamimi &amp; Company’s banking and finance team regularly advises on issues in relation to crypto assets. For further information please contact Ms. <a href=\"https://www.tamimi.com/lawyer/divya-abrol-gambhir/\">Divya Abrol Gambhir</a> (<a href=\"mailto:d.abrol@tamimi.com\">d.abrol@tamimi.com</a>) or Mr. <a href=\"https://www.tamimi.com/lawyer/ashish-banga/\">Ashish Banga</a> (<a href=\"mailto:a.banga@tamimi.com\">a.banga@tamimi.com</a>).</em>\r\n\r\n&nbsp;\r\n\r\n<img class=\"aligncenter wp-image-8213 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/2.jpg\" alt=\"\" width=\"1597\" height=\"118\" />|<p dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8212 alignleft\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/1-222x1024.jpg\" alt=\"\" width=\"106\" height=\"489\" />Taking a lead on the regulation of crypto assets in the Abu Dhabi Global Market (\"ADGM\"), the Financial Services Regulatory Authority (\"FSRA\") issued <em>Guidance on Regulation of Crypto Asset Activities in ADGM</em> (the \"Regulations\"). The Regulations are supplementary to and should be read in conjunction with FSRA’s <em>Guidance on Regulation of Initial Coin/Token Offerings and Virtual Currencies under the Financial Services and Markets Regulations 2015</em> issued on 9 October 2017 (the \"ICO Guidance\").</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations together with applicable rules and regulations governing crypto assets, as issued by the FSRA, provides for a comprehensive Spot Crypto Asset Framework (the \"Framework\"). The Regulation sets out and limits the FSRA’s approach to the regulation of crypto asset activities in and from the ADGM, including activities conducted by crypto asset exchanges, crypto asset custodians and intermediaries engaged in crypto asset activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For purposes of the Regulations and the Framework, <em>Crypto Assets</em> are a digital representation of value that can be digitally traded and functions as a: (a) medium of exchange; (b) unit of account; and/or (c) a store of value. These: (i) do not have a legal tender status in any jurisdiction; (ii) are neither issued nor guaranteed by any jurisdiction and fulfil its functions only by agreement within the community of users of such assets; and (iii) are distinguished from fiat currencies including electronic money.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Initial Coin Offerings</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Framework is not intended to apply to initial token or coin offerings (\"ICOs\") and such offerings will continue to be regulated in accordance with the ICO Guidance. The ICO Guidance clarifies the nature of token offerings (utility or security) that are permissible in the ADGM.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Objectives of the Framework</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">While, the fact that crypto assets can be created, stored and transferred without the need of any third party makes it attractive for its users, it also raises significant regulatory concerns for regulatory authorities and law enforcement agencies worldwide, particularly in relation to money laundering, terrorism financing, consumer protection, market abuse, amongst other risks.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA under the Framework addresses these risks in addition to issues that may arise in connection with protection of client money, safe custody, technology governance and disclosure and transparency, which makes it an attractive and comparatively secure jurisdiction for conducting crypto related activities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Notwithstanding that crypto assets are deemed as commodities and are not considered a \"Specified Investment\" (for purposes of Financial Services and Markets Regulations, 2015, as may be amended from time to time (FSMR)), to ensure adequate consumer protection, while meeting demands in this market space, the FSRA has rightly provided for certain activities associated with crypto assets to be regulated. The diagram sets out FSRA’s approach in relation to different type of digital assets.</p>\r\n <img class=\"aligncenter size-full wp-image-8223\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/35.jpg\" alt=\"\" width=\"1822\" height=\"580\" />\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Operating a Crypto Asset Business</h3>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\">Who can Operate a Crypto Asset Business (\"OCAB\") in and from the ADGM?</h4>\r\n<ul>\r\n 	<li dir=\"LTR\">new applicants;</li>\r\n 	<li dir=\"LTR\">authorised persons (i.e. persons authorised to carry on other regulated activities within the ADGM); and</li>\r\n 	<li dir=\"LTR\">recognised investment exchanges.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Amongst these, applicants that qualify for authorisation under the Framework will be granted a Financial Service Permission (\"FSP\") to carry on regulated activity of OCAB.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">OCAB permits undertaking of one or more crypto asset activities, which include:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">buying, selling or exercising any right in accepted crypto assets (whether as principal or agent);</li>\r\n 	<li dir=\"LTR\">managing accepted crypto assets belonging to another person;</li>\r\n 	<li dir=\"LTR\">making arrangements with a view to another person (whether as principal or agent) buying, selling or providing custody of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">marketing of accepted crypto assets;</li>\r\n 	<li dir=\"LTR\">advising on the merits of buying or selling of accepted crypto assets or any rights conferred by such buying or selling; and</li>\r\n 	<li dir=\"LTR\">operating a crypto asset exchange or operating as a crypto asset custodian.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The FSRA’s approach to the regulatory treatment of crypto assets in the ADGM is encouraging. The Framework makes it evident that: (a) crypto asset activities may only be permitted in connection with crypto assets that are categorised as \"Accepted Crypto Assets\" i.e. those crypto assets that fulfil criteria prescribed by the FSRA; and (b) any person dealing with such accepted crypto assets including intermediaries (such as brokers/dealers, asset managers, crypto asset exchanges, crypto asset custodians) involved in dealing, managing or arranging Accepted Crypto Assets, would require an FSP to operate in and from the ADGM.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However: (i) creation or administration of crypto assets; (ii) development, dissemination or use of software for the purpose of creating or mining a crypto asset; (iii) transmission of crypto assets; (iv) loyalty points scheme denominated in crypto assets; and (v) such other activity as may be determined by the FSRA to not constitute OCAB, shall not constitute OCAB and therefore will not be subject to the Framework.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Crypto Asset Exchanges and Crypto Asset Custodians</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">Whilst most of the crypto asset activities are subject to similar regulations within the Framework, the FRSA considers the crypto asset activities conducted by crypto asset exchanges and crypto asset custodians a key crypto activity in the ADGM. Therefore the Framework levies specific additional requirements applicable to such participants.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Exchanges</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to the requirements applicable to other crypto asset activities, additional requirements for a crypto asset exchange would include substantial commercial, governance, compliance, technical, information technology and human resources presence within the ADGM. A recognised investment exchange may operate as a crypto asset exchange, as part of the regulated activity of OCAB, provided that recognition order of such exchange includes a stipulation, permitting it to do so. In such cases, such exchanges would be subject to the Framework (including fees applicable for conducting OCAB) in addition to other regulations and fees (including market infrastructure rule), it already is subject to.</p>\r\n&nbsp;\r\n<h4 dir=\"LTR\" align=\"LEFT\"><em>Crypto Asset Custodians</em></h4>\r\n<p dir=\"LTR\" align=\"LEFT\">As regards crypto asset custodians, the FRSA has taken a similar approach to that of other custodian activities permitted within the ADGM. In order to afford the same protection the FSRA offers to other similar products within the FSMR (including relevant rule books) it has widened the scope of definitions of \"Providing Custody\", \"Client Assets\", \"Client Investments\" and \"Investment Business\" (as defined under the FSMR) to include crypto assets and OCAB.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Fees</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The fees for OCAB are comparatively higher than most other regulated activities within the ADGM. In addition to the fees applicable to crypto asset exchanges, a trading fees is levied on such exchanges, which is payable on a monthly basis. This is calculated as a percentage of trades conducted for each month.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\">The Regulations are a welcome change and seem to address regulatory requirements around crypto asset activities within the ADGM. We are hopeful that this would encourage other financial regulators within the region to issue regulations and therefore provide options to potential applicants.</p>\r\n<em>Al Tamimi &amp; Company’s banking and finance team regularly advises on issues in relation to crypto assets. For further information please contact Ms. <a href=\"https://www.tamimi.com/lawyer/divya-abrol-gambhir/\">Divya Abrol Gambhir</a> (<a href=\"mailto:d.abrol@tamimi.com\">d.abrol@tamimi.com</a>) or Mr. <a href=\"https://www.tamimi.com/lawyer/ashish-banga/\">Ashish Banga</a> (<a href=\"mailto:a.banga@tamimi.com\">a.banga@tamimi.com</a>).</em>\r\n\r\n&nbsp;\r\n\r\n<img class=\"aligncenter wp-image-8213 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/2.jpg\" alt=\"\" width=\"1597\" height=\"118\" />'),
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(298249, 28539, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n&nbsp;<img class=\"aligncenter wp-image-8224 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/41.jpg\" alt=\"\" width=\"1214\" height=\"372\" />&nbsp;\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>'),
(298250, 28539, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n<img class=\"aligncenter wp-image-8224 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/41.jpg\" alt=\"\" width=\"1214\" height=\"372\" />\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>'),
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(298253, 28539, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n<img class=\"aligncenter wp-image-8224 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/41.jpg\" alt=\"\" width=\"1214\" height=\"372\" />\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>|<p dir=\"LTR\" align=\"LEFT\">We previously looked at the <a href=\"https://www.tamimi.com/law-update-articles/safeguarding-children-in-a-uae-education-context/\">UAE Child Rights Law</a> (UAE Federal Law No. 3 of 2016) and the evolving landscape in the UAE in relation to child rights and safeguarding children.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The focus of the previous article was in relation to HR issues around background checks and how to deal with issues when they arise. The focus of this article is in relation to safeguarding children generally and aims to bring readers up to speed on the latest developments in this evolving area and look at what is coming down the track.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Units</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of brief recap on the Child Rights Law which was enacted in 2016. The key pillars of it are:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It enshrines the basic principle that children have the right to life and safety, and specifically provides that every child is entitled to an education.</li>\r\n 	<li dir=\"LTR\">It seeks to prevent all kinds of violence in educational institutions and to preserve children’s dignity in an education context. The law states that a child’s mental, psychological, physical or ethical safety must not be prejudiced.</li>\r\n 	<li dir=\"LTR\">The law envisages that dedicated Child Protection Units (\"CPUs\") would be established in the relevant Ministries aimed at developing and implementing child protection mechanisms.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The executive regulations to the law, which set out the details and mechanics of how it will be implemented, have not been issued yet. The regulations will determinate the competencies of the CPU’s and operating mechanisms within each ministry.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We do have an idea of what the new safeguarding regime will look like.</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">It is envisaged that each Ministry that has a remit for children will have a dedicated CPU within it; so for example the Ministry of Education (MOE), Ministry of Health (MOH) etc. These CPUs will deal with any safeguarding/child’s rights issues arising from institutions/schools etc that are under its remit. So education providers would naturally fall under the remit of the MOE and healthcare providers under the MOH etc.</li>\r\n 	<li dir=\"LTR\">The legislation provides for child protection specialists to carry out a significant role in relation to the implementation of the law.</li>\r\n</ul>\r\n&nbsp;<img class=\"aligncenter wp-image-8224 size-full\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/41.jpg\" alt=\"\" width=\"1214\" height=\"372\" />&nbsp;\r\n<h2><span lang=\"EN\">“</span>Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.”</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Child Protection Specialists</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">One of the major features of the law is the creation of an official child protection specialist role (\"CPS\") with sweeping powers.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">We understand that it is envisaged that private entities may have a member of their own staff appointed as a CPS. So in the education space a child protection officer from a school or college could be appointed to this official role of CPS, which carries with it quasi-judicial powers including:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">perform preventive and therapeutic intervention in any case where there is a risk to the child’s health, physical, psychological, ethical or mental safety;</li>\r\n 	<li dir=\"LTR\">power to collect evidence regarding any reported incidents;</li>\r\n 	<li dir=\"LTR\">enter the premises where the child is present;</li>\r\n 	<li dir=\"LTR\">take appropriate preventive measures to protect the child;</li>\r\n 	<li dir=\"LTR\">in situations where a threat to the child’s health or safety is established, the CPS will have authority to propose to place the child temporarily in an alternative family, an association, or an appropriate social, educational or health institution;</li>\r\n 	<li dir=\"LTR\">assistance in investigations and trials.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">The CPS would receive training prior to appointment and would have the full backup and authority of the law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Without doubt this is a very significant development and will be welcomed by education providers.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Reporting</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In the meantime, and prior to the establishment of the CPUs and the CPS system, schools can report any suspicions of abuse to the Ministry of Interior. The Ministry, which has remit over a wide range of functions including the police, has a dedicated child protection unit. The unit deals with child protection complaints from the general public, schools and any other sources. Contact details are as follows:</p>\r\n&nbsp;\r\n<h4><em>Hotline phone number: 116 111</em></h4>\r\n<h4><em>Email address: <a href=\"mailto:childprotection@moi-cpc.gov.ae\">childprotection@moi-cpc.gov.ae</a></em></h4>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">A complaint can be made anonymously or otherwise. The unit will then contact the child protection unit of the local police force.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Even after the establishment of the CPUs it is expected that any allegation of sexual abuse would be reported to the police directly or via the Ministry of Interior.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Significant and welcome changes are imminent in the child protection space. The authorities are working on what appears to be well thought-out procedures and processes which will involve educational institutions becoming integrated in the framework and solution.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/employment-incentives/\">employment team</a> regularly advises on all aspects of the employment relationship in the UAE, in relation to the education sector and across all other sectors and industries. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ivor-mcgettigan/\">Ivor McGettigan</a> (<a href=\"mailto:i.mcgettigan@tamimi.com\">i.mcgettigan@tamimi.com</a>).</em></p>'),
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(298915, 28598, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">There have been significant changes in technology and regulation since 2008, when the Saudi Arabian Monetary Authority (SAMA) issued Circular No. 424 B.C.S / 34720 – the SAMA Rules of Outsourcing Processes. In this article, we summarise key aspects of the \"Outsourcing Rules\" with a focus on the outsourcing of information technology services.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing is a business practice in which a business engages external service providers to perform certain business functions, instead of having those functions performed by its own personnel. The increasing complexity of the outsourcing arrangements adopted by banks, and the potential harm to consumers from offshoring arrangements out of reach of regulators, led to a 2005 report by the Basel Committee on Banking Supervision. The report contained recommendations about tightening the way in which banks outsourced their activities. SAMA subsequently issued the Outsourcing Rules in 2008.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The stated objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences. The Outsourcing Rules apply to branches of foreign banks in the Kingdom, as well as to domestic banks licensed under the Banking Control Law issued under Royal Decree No. M/5 dated 22/2/1386H (12 June 1966).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Engaging third party service providers can enable banks to reduce costs and obtain other efficiencies, but it may also expose banks to a variety of risks. These can include operational and reputational risks, such as when service providers fail in their performance, when security or confidentiality breaches result, or where the service providers’ actions otherwise result in banks failing to comply with statutory or regulatory obligations. Additionally, the whole banking sector could be at risk if a common service provider to a number of banks fails in its performance of the services entrusted to it.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing basic work and non-basic work</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules split those functions and tasks that can be outsourced into two main categories – ‘basic works’ and ‘non-basic works’. There are different considerations for outsourcing each of these categories of works, and there is a general prohibition (with some exceptions) on the outsourcing of works relating to customer data processing.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Basic works refer broadly to the core tasks and responsibilities that banks have towards their customers. The operation of a bank’s information technology system is a prime example of basic works. Other examples include all customer-facing tasks (e.g. account opening, funds management, bank statements and transfers and payments), as well as human resources and marketing.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks are required to apply more rigour and diligence when outsourcing basic works, given the more serious consequences if the arrangement results in non-delivery of services. For that reason, the outsourcing of basic works is generally not permitted, unless the bank first obtains permission from SAMA. The Outsourcing Rules contain detailed requirements about what must be addressed in outsourcing contracts for basic works, and these are primarily aimed at reducing the potential harm that could result from outsourcing these core tasks and responsibilities.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignright wp-image-8222\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/11.jpg\" alt=\"\" width=\"443\" height=\"309\" />Non-basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In contrast, non-basic works include services that are common to many businesses, and where outsourcing does not pose serious risk to customers. Examples include cleaning, printing and postal functions. Non-basic works may be assigned to third party service providers without first obtaining confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Traditionally, banks would assign many non-basic works to third party service providers as a matter of course, and this may not have been considered ‘outsourcing’. Despite this, there may be implications for the outsourcing of such works in the Outsourcing Rules, so agreements relating to such works still need to be reviewed for compliance.</p>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"The objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Risk evaluation and management</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require senior management within banks to ensure that risks for existing and potential outsourcing agreements are considered and addressed. For the assignment of basic works, a thorough risk evaluation needs to be undertaken for all new contracts and contract renewals. For non-basic works, a thorough review is only required where there are substantive changes to the deliverables under an outsourcing arrangement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks must properly investigate a service provider’s ability to undertake the contemplated services. Once a service provider is appointed, there is an obligation on the bank to monitor the service provider’s performance to ensure that the work is being done in accordance with the bank’s requirements.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing contracts</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require banks to put in place comprehensive outsourcing contracts with service providers. These contracts need to address a variety of requirements, including scope of work, service levels and performance requirements, control and audit procedures, business continuity, pricing, confidentiality and privacy, information security, effects of breach and dispute resolution. The Outsourcing Rules indicate that it is preferable for governing law and jurisdiction of outsourcing contracts be that of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There is a requirement for outsourcing contracts to restrict service providers from sub-contracting any of the subject services without the prior consent of the banks, and subject to obtaining prior confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where customer data or financial statements are to be made available to a service provider in performance of outsourced services, it is necessary to ensure that the contractual arrangement reflects the confidentiality obligations set out in the Banking Control Law, and in other regulations and instructions that SAMA may have issued. It is also necessary to ensure that suitable measures are implemented to protect customer data and financial information in the course of performance of the outsourced services. These measures can include, for example, obligations requiring the adoption of isolation procedures restricting access to such information on a need-to-know basis, and obligations to have individuals involved in delivery of such services enter non-disclosure agreements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Contracts for basic works need to make clear that SAMA has the right to obtain accounting documents and records relating to the assignment. Additionally, service providers located outside the Kingdom need to confirm that there are no statutory and control restrictions in their own jurisdictions that might impact on the unrestricted right of access to information that SAMA has under the Outsourcing Rules and the Banking Control Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing contracts need to provide for the possibility of renewal, renegotiation, and termination of the contract, and early exit so that the bank can retain control over the subject services if it is necessary in the circumstances.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Business continuity</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing has the potential to cause interruptions or outages to banking services. Business continuity is very important for banks, particularly in terms of continuity of information technology services. The Outsourcing Rules require banks to have a plan in place to ensure business continuity if the outsourced service is disrupted. This can either be a plan for the bank to perform the function itself, or to have an alternate service provider ready to undertake the services on short notice. The Outsourcing Rules place an obligation on banks to inform SAMA of problems or disruptions that arise due to outsourcing arrangements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with SAMA’s Business Continuity Management Framework (issued in 2017), banks need to have a business continuity strategy, and a business line responsible for implementing, monitoring and evaluating the strategy. An information technology disaster recovery plan is required as a key component of business continuity; it applies whether or not information technology services are outsourced. The Business Continuity Management Framework outlines how to develop and implement a business continuity strategy in more detail.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Cyber security considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The SAMA Cyber Security Framework (issued in 2017, and discussed in a separate Law Update article) acknowledges that banks will need to engage with third party service providers (including information technology services providers, cloud computing service providers, technology vendors and governmental agencies) in order to deliver their services. If such engagements do not respect the types of cyber security mechanisms that the banks have implemented, then they could result in cyber security risks. With this in mind, the Cyber Security Framework introduces expectations with regard to cyber security and the engagement of third parties. These can be broadly categorised as contract and vendor management considerations, outsourcing considerations and cloud computing considerations. It is essential that the cyber security obligations applying to banks pursuant to their implementation of SAMA’s Cyber Security Framework are addressed when considering outsourcing arrangements, and when preparing associated outsourcing contracts.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Banks operating in Saudi Arabia need to be aware of the Outsourcing Rules. This is to ensure that they remain compliant from a regulatory perspective, but also to ensure that the outsourcing of certain business operations does not result in damage to their customers, or to their own operation, reputations and profitability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The risks are greater when banks outsource their core functions, and SAMA’s Outsourcing Rules imposes greater obligations and restrictions on that type of outsourcing as a result.</p>\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/technology-media-telecommunications/\">Technology, Media &amp; Telecommunications</a> team regularly advises on issues relating to technology contracting in the financial services sector. For further information please contact <a href=\"https://www.tamimi.com/lawyer/nick-oconnell/\">Nick O’Connell</a>, Partner (<a href=\"mailto:n.oconnell@tamimi.com\">n.oconnell@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/amy-land-pejoska/\">Amy Land-Pejoska</a>, Associate (<a href=\"mailto:a.pejoska@tamimi.com\">a.pejoska@tamimi.com</a>).</em>');
INSERT INTO `tm_wsal_metadata` (`id`, `occurrence_id`, `name`, `value`) VALUES
(298916, 28598, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">There have been significant changes in technology and regulation since 2008, when the Saudi Arabian Monetary Authority (SAMA) issued Circular No. 424 B.C.S / 34720 – the SAMA Rules of Outsourcing Processes. In this article, we summarise key aspects of the \"Outsourcing Rules\" with a focus on the outsourcing of information technology services.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing is a business practice in which a business engages external service providers to perform certain business functions, instead of having those functions performed by its own personnel. The increasing complexity of the outsourcing arrangements adopted by banks, and the potential harm to consumers from offshoring arrangements out of reach of regulators, led to a 2005 report by the Basel Committee on Banking Supervision. The report contained recommendations about tightening the way in which banks outsourced their activities. SAMA subsequently issued the Outsourcing Rules in 2008.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The stated objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences. The Outsourcing Rules apply to branches of foreign banks in the Kingdom, as well as to domestic banks licensed under the Banking Control Law issued under Royal Decree No. M/5 dated 22/2/1386H (12 June 1966).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Engaging third party service providers can enable banks to reduce costs and obtain other efficiencies, but it may also expose banks to a variety of risks. These can include operational and reputational risks, such as when service providers fail in their performance, when security or confidentiality breaches result, or where the service providers’ actions otherwise result in banks failing to comply with statutory or regulatory obligations. Additionally, the whole banking sector could be at risk if a common service provider to a number of banks fails in its performance of the services entrusted to it.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing basic work and non-basic work</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules split those functions and tasks that can be outsourced into two main categories – ‘basic works’ and ‘non-basic works’. There are different considerations for outsourcing each of these categories of works, and there is a general prohibition (with some exceptions) on the outsourcing of works relating to customer data processing.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Basic works refer broadly to the core tasks and responsibilities that banks have towards their customers. The operation of a bank’s information technology system is a prime example of basic works. Other examples include all customer-facing tasks (e.g. account opening, funds management, bank statements and transfers and payments), as well as human resources and marketing.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks are required to apply more rigour and diligence when outsourcing basic works, given the more serious consequences if the arrangement results in non-delivery of services. For that reason, the outsourcing of basic works is generally not permitted, unless the bank first obtains permission from SAMA. The Outsourcing Rules contain detailed requirements about what must be addressed in outsourcing contracts for basic works, and these are primarily aimed at reducing the potential harm that could result from outsourcing these core tasks and responsibilities.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignright  wp-image-8222\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/11.jpg\" alt=\"\" width=\"443\" height=\"309\" />Non-basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In contrast, non-basic works include services that are common to many businesses, and where outsourcing does not pose serious risk to customers. Examples include cleaning, printing and postal functions. Non-basic works may be assigned to third party service providers without first obtaining confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Traditionally, banks would assign many non-basic works to third party service providers as a matter of course, and this may not have been considered ‘outsourcing’. Despite this, there may be implications for the outsourcing of such works in the Outsourcing Rules, so agreements relating to such works still need to be reviewed for compliance.</p>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"The objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Risk evaluation and management</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require senior management within banks to ensure that risks for existing and potential outsourcing agreements are considered and addressed. For the assignment of basic works, a thorough risk evaluation needs to be undertaken for all new contracts and contract renewals. For non-basic works, a thorough review is only required where there are substantive changes to the deliverables under an outsourcing arrangement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks must properly investigate a service provider’s ability to undertake the contemplated services. Once a service provider is appointed, there is an obligation on the bank to monitor the service provider’s performance to ensure that the work is being done in accordance with the bank’s requirements.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing contracts</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require banks to put in place comprehensive outsourcing contracts with service providers. These contracts need to address a variety of requirements, including scope of work, service levels and performance requirements, control and audit procedures, business continuity, pricing, confidentiality and privacy, information security, effects of breach and dispute resolution. The Outsourcing Rules indicate that it is preferable for governing law and jurisdiction of outsourcing contracts be that of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There is a requirement for outsourcing contracts to restrict service providers from sub-contracting any of the subject services without the prior consent of the banks, and subject to obtaining prior confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where customer data or financial statements are to be made available to a service provider in performance of outsourced services, it is necessary to ensure that the contractual arrangement reflects the confidentiality obligations set out in the Banking Control Law, and in other regulations and instructions that SAMA may have issued. It is also necessary to ensure that suitable measures are implemented to protect customer data and financial information in the course of performance of the outsourced services. These measures can include, for example, obligations requiring the adoption of isolation procedures restricting access to such information on a need-to-know basis, and obligations to have individuals involved in delivery of such services enter non-disclosure agreements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Contracts for basic works need to make clear that SAMA has the right to obtain accounting documents and records relating to the assignment. Additionally, service providers located outside the Kingdom need to confirm that there are no statutory and control restrictions in their own jurisdictions that might impact on the unrestricted right of access to information that SAMA has under the Outsourcing Rules and the Banking Control Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing contracts need to provide for the possibility of renewal, renegotiation, and termination of the contract, and early exit so that the bank can retain control over the subject services if it is necessary in the circumstances.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Business continuity</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing has the potential to cause interruptions or outages to banking services. Business continuity is very important for banks, particularly in terms of continuity of information technology services. The Outsourcing Rules require banks to have a plan in place to ensure business continuity if the outsourced service is disrupted. This can either be a plan for the bank to perform the function itself, or to have an alternate service provider ready to undertake the services on short notice. The Outsourcing Rules place an obligation on banks to inform SAMA of problems or disruptions that arise due to outsourcing arrangements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with SAMA’s Business Continuity Management Framework (issued in 2017), banks need to have a business continuity strategy, and a business line responsible for implementing, monitoring and evaluating the strategy. An information technology disaster recovery plan is required as a key component of business continuity; it applies whether or not information technology services are outsourced. The Business Continuity Management Framework outlines how to develop and implement a business continuity strategy in more detail.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Cyber security considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The SAMA Cyber Security Framework (issued in 2017, and discussed in a separate Law Update article) acknowledges that banks will need to engage with third party service providers (including information technology services providers, cloud computing service providers, technology vendors and governmental agencies) in order to deliver their services. If such engagements do not respect the types of cyber security mechanisms that the banks have implemented, then they could result in cyber security risks. With this in mind, the Cyber Security Framework introduces expectations with regard to cyber security and the engagement of third parties. These can be broadly categorised as contract and vendor management considerations, outsourcing considerations and cloud computing considerations. It is essential that the cyber security obligations applying to banks pursuant to their implementation of SAMA’s Cyber Security Framework are addressed when considering outsourcing arrangements, and when preparing associated outsourcing contracts.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Banks operating in Saudi Arabia need to be aware of the Outsourcing Rules. This is to ensure that they remain compliant from a regulatory perspective, but also to ensure that the outsourcing of certain business operations does not result in damage to their customers, or to their own operation, reputations and profitability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The risks are greater when banks outsource their core functions, and SAMA’s Outsourcing Rules imposes greater obligations and restrictions on that type of outsourcing as a result.</p>\r\n\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/technology-media-telecommunications/\">Technology, Media &amp; Telecommunications</a> team regularly advises on issues relating to technology contracting in the financial services sector. For further information please contact <a href=\"https://www.tamimi.com/lawyer/nick-oconnell/\">Nick O’Connell</a>, Partner (<a href=\"mailto:n.oconnell@tamimi.com\">n.oconnell@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/amy-land-pejoska/\">Amy Land-Pejoska</a>, Associate (<a href=\"mailto:a.pejoska@tamimi.com\">a.pejoska@tamimi.com</a>).</em>'),
(298917, 28598, 'MetaLink', 'content'),
(298918, 28598, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8206&amp;action=edit'),
(298919, 28598, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">There have been significant changes in technology and regulation since 2008, when the Saudi Arabian Monetary Authority (SAMA) issued Circular No. 424 B.C.S / 34720 – the SAMA Rules of Outsourcing Processes. In this article, we summarise key aspects of the \"Outsourcing Rules\" with a focus on the outsourcing of information technology services.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing is a business practice in which a business engages external service providers to perform certain business functions, instead of having those functions performed by its own personnel. The increasing complexity of the outsourcing arrangements adopted by banks, and the potential harm to consumers from offshoring arrangements out of reach of regulators, led to a 2005 report by the Basel Committee on Banking Supervision. The report contained recommendations about tightening the way in which banks outsourced their activities. SAMA subsequently issued the Outsourcing Rules in 2008.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The stated objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences. The Outsourcing Rules apply to branches of foreign banks in the Kingdom, as well as to domestic banks licensed under the Banking Control Law issued under Royal Decree No. M/5 dated 22/2/1386H (12 June 1966).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Engaging third party service providers can enable banks to reduce costs and obtain other efficiencies, but it may also expose banks to a variety of risks. These can include operational and reputational risks, such as when service providers fail in their performance, when security or confidentiality breaches result, or where the service providers’ actions otherwise result in banks failing to comply with statutory or regulatory obligations. Additionally, the whole banking sector could be at risk if a common service provider to a number of banks fails in its performance of the services entrusted to it.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing basic work and non-basic work</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules split those functions and tasks that can be outsourced into two main categories – ‘basic works’ and ‘non-basic works’. There are different considerations for outsourcing each of these categories of works, and there is a general prohibition (with some exceptions) on the outsourcing of works relating to customer data processing.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Basic works refer broadly to the core tasks and responsibilities that banks have towards their customers. The operation of a bank’s information technology system is a prime example of basic works. Other examples include all customer-facing tasks (e.g. account opening, funds management, bank statements and transfers and payments), as well as human resources and marketing.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks are required to apply more rigour and diligence when outsourcing basic works, given the more serious consequences if the arrangement results in non-delivery of services. For that reason, the outsourcing of basic works is generally not permitted, unless the bank first obtains permission from SAMA. The Outsourcing Rules contain detailed requirements about what must be addressed in outsourcing contracts for basic works, and these are primarily aimed at reducing the potential harm that could result from outsourcing these core tasks and responsibilities.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignright  wp-image-8222\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/11.jpg\" alt=\"\" width=\"443\" height=\"309\" />Non-basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In contrast, non-basic works include services that are common to many businesses, and where outsourcing does not pose serious risk to customers. Examples include cleaning, printing and postal functions. Non-basic works may be assigned to third party service providers without first obtaining confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Traditionally, banks would assign many non-basic works to third party service providers as a matter of course, and this may not have been considered ‘outsourcing’. Despite this, there may be implications for the outsourcing of such works in the Outsourcing Rules, so agreements relating to such works still need to be reviewed for compliance.</p>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"The objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Risk evaluation and management</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require senior management within banks to ensure that risks for existing and potential outsourcing agreements are considered and addressed. For the assignment of basic works, a thorough risk evaluation needs to be undertaken for all new contracts and contract renewals. For non-basic works, a thorough review is only required where there are substantive changes to the deliverables under an outsourcing arrangement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks must properly investigate a service provider’s ability to undertake the contemplated services. Once a service provider is appointed, there is an obligation on the bank to monitor the service provider’s performance to ensure that the work is being done in accordance with the bank’s requirements.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing contracts</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require banks to put in place comprehensive outsourcing contracts with service providers. These contracts need to address a variety of requirements, including scope of work, service levels and performance requirements, control and audit procedures, business continuity, pricing, confidentiality and privacy, information security, effects of breach and dispute resolution. The Outsourcing Rules indicate that it is preferable for governing law and jurisdiction of outsourcing contracts be that of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There is a requirement for outsourcing contracts to restrict service providers from sub-contracting any of the subject services without the prior consent of the banks, and subject to obtaining prior confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where customer data or financial statements are to be made available to a service provider in performance of outsourced services, it is necessary to ensure that the contractual arrangement reflects the confidentiality obligations set out in the Banking Control Law, and in other regulations and instructions that SAMA may have issued. It is also necessary to ensure that suitable measures are implemented to protect customer data and financial information in the course of performance of the outsourced services. These measures can include, for example, obligations requiring the adoption of isolation procedures restricting access to such information on a need-to-know basis, and obligations to have individuals involved in delivery of such services enter non-disclosure agreements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Contracts for basic works need to make clear that SAMA has the right to obtain accounting documents and records relating to the assignment. Additionally, service providers located outside the Kingdom need to confirm that there are no statutory and control restrictions in their own jurisdictions that might impact on the unrestricted right of access to information that SAMA has under the Outsourcing Rules and the Banking Control Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing contracts need to provide for the possibility of renewal, renegotiation, and termination of the contract, and early exit so that the bank can retain control over the subject services if it is necessary in the circumstances.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Business continuity</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing has the potential to cause interruptions or outages to banking services. Business continuity is very important for banks, particularly in terms of continuity of information technology services. The Outsourcing Rules require banks to have a plan in place to ensure business continuity if the outsourced service is disrupted. This can either be a plan for the bank to perform the function itself, or to have an alternate service provider ready to undertake the services on short notice. The Outsourcing Rules place an obligation on banks to inform SAMA of problems or disruptions that arise due to outsourcing arrangements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with SAMA’s Business Continuity Management Framework (issued in 2017), banks need to have a business continuity strategy, and a business line responsible for implementing, monitoring and evaluating the strategy. An information technology disaster recovery plan is required as a key component of business continuity; it applies whether or not information technology services are outsourced. The Business Continuity Management Framework outlines how to develop and implement a business continuity strategy in more detail.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Cyber security considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The SAMA Cyber Security Framework (issued in 2017, and discussed in a separate Law Update article) acknowledges that banks will need to engage with third party service providers (including information technology services providers, cloud computing service providers, technology vendors and governmental agencies) in order to deliver their services. If such engagements do not respect the types of cyber security mechanisms that the banks have implemented, then they could result in cyber security risks. With this in mind, the Cyber Security Framework introduces expectations with regard to cyber security and the engagement of third parties. These can be broadly categorised as contract and vendor management considerations, outsourcing considerations and cloud computing considerations. It is essential that the cyber security obligations applying to banks pursuant to their implementation of SAMA’s Cyber Security Framework are addressed when considering outsourcing arrangements, and when preparing associated outsourcing contracts.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Banks operating in Saudi Arabia need to be aware of the Outsourcing Rules. This is to ensure that they remain compliant from a regulatory perspective, but also to ensure that the outsourcing of certain business operations does not result in damage to their customers, or to their own operation, reputations and profitability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The risks are greater when banks outsource their core functions, and SAMA’s Outsourcing Rules imposes greater obligations and restrictions on that type of outsourcing as a result.</p>\r\n\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/technology-media-telecommunications/\">Technology, Media &amp; Telecommunications</a> team regularly advises on issues relating to technology contracting in the financial services sector. For further information please contact <a href=\"https://www.tamimi.com/lawyer/nick-oconnell/\">Nick O’Connell</a>, Partner (<a href=\"mailto:n.oconnell@tamimi.com\">n.oconnell@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/amy-land-pejoska/\">Amy Land-Pejoska</a>, Associate (<a href=\"mailto:a.pejoska@tamimi.com\">a.pejoska@tamimi.com</a>).</em>|<p dir=\"LTR\" align=\"LEFT\">There have been significant changes in technology and regulation since 2008, when the Saudi Arabian Monetary Authority (SAMA) issued Circular No. 424 B.C.S / 34720 – the SAMA Rules of Outsourcing Processes. In this article, we summarise key aspects of the \"Outsourcing Rules\" with a focus on the outsourcing of information technology services.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing is a business practice in which a business engages external service providers to perform certain business functions, instead of having those functions performed by its own personnel. The increasing complexity of the outsourcing arrangements adopted by banks, and the potential harm to consumers from offshoring arrangements out of reach of regulators, led to a 2005 report by the Basel Committee on Banking Supervision. The report contained recommendations about tightening the way in which banks outsourced their activities. SAMA subsequently issued the Outsourcing Rules in 2008.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The stated objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences. The Outsourcing Rules apply to branches of foreign banks in the Kingdom, as well as to domestic banks licensed under the Banking Control Law issued under Royal Decree No. M/5 dated 22/2/1386H (12 June 1966).</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Engaging third party service providers can enable banks to reduce costs and obtain other efficiencies, but it may also expose banks to a variety of risks. These can include operational and reputational risks, such as when service providers fail in their performance, when security or confidentiality breaches result, or where the service providers’ actions otherwise result in banks failing to comply with statutory or regulatory obligations. Additionally, the whole banking sector could be at risk if a common service provider to a number of banks fails in its performance of the services entrusted to it.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing basic work and non-basic work</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules split those functions and tasks that can be outsourced into two main categories – ‘basic works’ and ‘non-basic works’. There are different considerations for outsourcing each of these categories of works, and there is a general prohibition (with some exceptions) on the outsourcing of works relating to customer data processing.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Basic works refer broadly to the core tasks and responsibilities that banks have towards their customers. The operation of a bank’s information technology system is a prime example of basic works. Other examples include all customer-facing tasks (e.g. account opening, funds management, bank statements and transfers and payments), as well as human resources and marketing.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks are required to apply more rigour and diligence when outsourcing basic works, given the more serious consequences if the arrangement results in non-delivery of services. For that reason, the outsourcing of basic works is generally not permitted, unless the bank first obtains permission from SAMA. The Outsourcing Rules contain detailed requirements about what must be addressed in outsourcing contracts for basic works, and these are primarily aimed at reducing the potential harm that could result from outsourcing these core tasks and responsibilities.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em><img class=\"alignright wp-image-8222\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/11.jpg\" alt=\"\" width=\"443\" height=\"309\" />Non-basic Works</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In contrast, non-basic works include services that are common to many businesses, and where outsourcing does not pose serious risk to customers. Examples include cleaning, printing and postal functions. Non-basic works may be assigned to third party service providers without first obtaining confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Traditionally, banks would assign many non-basic works to third party service providers as a matter of course, and this may not have been considered ‘outsourcing’. Despite this, there may be implications for the outsourcing of such works in the Outsourcing Rules, so agreements relating to such works still need to be reviewed for compliance.</p>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"The objective of the Outsourcing Rules is to provide guidance to banks on how to arrange outsourcing, while remaining compliant with the obligations under their banking licences.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Risk evaluation and management</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require senior management within banks to ensure that risks for existing and potential outsourcing agreements are considered and addressed. For the assignment of basic works, a thorough risk evaluation needs to be undertaken for all new contracts and contract renewals. For non-basic works, a thorough review is only required where there are substantive changes to the deliverables under an outsourcing arrangement.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Banks must properly investigate a service provider’s ability to undertake the contemplated services. Once a service provider is appointed, there is an obligation on the bank to monitor the service provider’s performance to ensure that the work is being done in accordance with the bank’s requirements.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Outsourcing contracts</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Outsourcing Rules require banks to put in place comprehensive outsourcing contracts with service providers. These contracts need to address a variety of requirements, including scope of work, service levels and performance requirements, control and audit procedures, business continuity, pricing, confidentiality and privacy, information security, effects of breach and dispute resolution. The Outsourcing Rules indicate that it is preferable for governing law and jurisdiction of outsourcing contracts be that of Saudi Arabia.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">There is a requirement for outsourcing contracts to restrict service providers from sub-contracting any of the subject services without the prior consent of the banks, and subject to obtaining prior confirmation of no objection from SAMA.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where customer data or financial statements are to be made available to a service provider in performance of outsourced services, it is necessary to ensure that the contractual arrangement reflects the confidentiality obligations set out in the Banking Control Law, and in other regulations and instructions that SAMA may have issued. It is also necessary to ensure that suitable measures are implemented to protect customer data and financial information in the course of performance of the outsourced services. These measures can include, for example, obligations requiring the adoption of isolation procedures restricting access to such information on a need-to-know basis, and obligations to have individuals involved in delivery of such services enter non-disclosure agreements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Contracts for basic works need to make clear that SAMA has the right to obtain accounting documents and records relating to the assignment. Additionally, service providers located outside the Kingdom need to confirm that there are no statutory and control restrictions in their own jurisdictions that might impact on the unrestricted right of access to information that SAMA has under the Outsourcing Rules and the Banking Control Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing contracts need to provide for the possibility of renewal, renegotiation, and termination of the contract, and early exit so that the bank can retain control over the subject services if it is necessary in the circumstances.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Business continuity</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Outsourcing has the potential to cause interruptions or outages to banking services. Business continuity is very important for banks, particularly in terms of continuity of information technology services. The Outsourcing Rules require banks to have a plan in place to ensure business continuity if the outsourced service is disrupted. This can either be a plan for the bank to perform the function itself, or to have an alternate service provider ready to undertake the services on short notice. The Outsourcing Rules place an obligation on banks to inform SAMA of problems or disruptions that arise due to outsourcing arrangements.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with SAMA’s Business Continuity Management Framework (issued in 2017), banks need to have a business continuity strategy, and a business line responsible for implementing, monitoring and evaluating the strategy. An information technology disaster recovery plan is required as a key component of business continuity; it applies whether or not information technology services are outsourced. The Business Continuity Management Framework outlines how to develop and implement a business continuity strategy in more detail.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Cyber security considerations</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The SAMA Cyber Security Framework (issued in 2017, and discussed in a separate Law Update article) acknowledges that banks will need to engage with third party service providers (including information technology services providers, cloud computing service providers, technology vendors and governmental agencies) in order to deliver their services. If such engagements do not respect the types of cyber security mechanisms that the banks have implemented, then they could result in cyber security risks. With this in mind, the Cyber Security Framework introduces expectations with regard to cyber security and the engagement of third parties. These can be broadly categorised as contract and vendor management considerations, outsourcing considerations and cloud computing considerations. It is essential that the cyber security obligations applying to banks pursuant to their implementation of SAMA’s Cyber Security Framework are addressed when considering outsourcing arrangements, and when preparing associated outsourcing contracts.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Banks operating in Saudi Arabia need to be aware of the Outsourcing Rules. This is to ensure that they remain compliant from a regulatory perspective, but also to ensure that the outsourcing of certain business operations does not result in damage to their customers, or to their own operation, reputations and profitability.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The risks are greater when banks outsource their core functions, and SAMA’s Outsourcing Rules imposes greater obligations and restrictions on that type of outsourcing as a result.</p>\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/technology-media-telecommunications/\">Technology, Media &amp; Telecommunications</a> team regularly advises on issues relating to technology contracting in the financial services sector. For further information please contact <a href=\"https://www.tamimi.com/lawyer/nick-oconnell/\">Nick O’Connell</a>, Partner (<a href=\"mailto:n.oconnell@tamimi.com\">n.oconnell@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/amy-land-pejoska/\">Amy Land-Pejoska</a>, Associate (<a href=\"mailto:a.pejoska@tamimi.com\">a.pejoska@tamimi.com</a>).</em>'),
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(299009, 28605, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">Qatar is taking extensive positive steps to improve its legislative system. This has been reflected in various new laws, regulations and amendments coming into force during the past year.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we highlight some of the more interesting recent legislative changes.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Consumer Protection Law amendment released</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Law Number 7 of 2018 amending Law 8 of 2008 on Consumer Protection was published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment, as expected, imposes stricter administrative punishments, in addition to the existing administrative and criminal sanctions, which include imprisonment and/or fines.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment extends Article 18 bis, which is the provision that grants the Consumer Protection Department’s the authority to temporary close the infringing shop or place of business for a period not exceeding one month for the first violation, two months for the second violation, and three months for any further violations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to publishing the closure decision on the Ministry’s website and in two daily newspapers, the amendment imposes a notice of violation to be placed on the offending shop or place of business alerting consumers to the reason of the closure being due to violations of the Consumer Protection Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This amendment adds to the significant role of the Qatari Consumer Protection Department, by further publicising the violation to consumers, making the administrative action more effective and preventive.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The Issuance of the Patents Implementing Regulation</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Patents Implementing Regulation Number 153 of 2018 was also published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Patents in Qatar are governed by the provisions of Law Number 30 of 2006. This law has not been updated since its issuance, and was put into place without being accompanied by any implementing regulations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the recent developments, including the issuance of the long awaited implementing regulations, are in line with the Qatar National Vision 2030, including the national strategic plan improving IP enforcement and protection, and are assigned to a specialised committee in accordance with decision Number 45 of 2017. Accordingly, further improvements and regulations are also expected to be issued soon.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The new patents implementing regulation specifies procedures related to registration of patents, including granting the Patent Office the authority to accept submission of supporting documents within a maximum six month period of filing a patent application. In case of non-compliance within the six month period, the patent application shall be considered abandoned, in accordance with Article 2 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the maximum period granted by the Patent Office for filing supporting documents in cases of priority claims is three months, as per Article 3 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Article 8 of the regulations confirm that the Patent Office may use the assistance of experts in the relevant field within the examination process, and the applicant is to cover the cost of such experts.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These regulations are expected to enhance the efficiency of the patent registration process in Qatar.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Law on Competitiveness of National Products to be released</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In June 2018, Qatar’s Advisory Council discussed a draft law on supporting the competitiveness of national products and combating harmful practices in international trade. The draft law was referred to the Financial and Economic Affairs Committee for its examination and for the Committee to report back to the Council with their comments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The draft law confirms complying with Qatar’s international obligations as per the World Trade Organisation (WTO) Agreements signed by Qatar.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This law also supports Qatar’s aim to achieve self-sufficiency and food security.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Foreign investment and Trade - Agreements signed and further laws under discussion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qatar launched direct maritime shipping lines with many counties including Kuwait, Oman, India, Pakistan, Turkey and Iraq, in addition to Jordan. This was in line with the entry into bilateral agreements with many countries with the aim of improving trade relationships and encouraging foreign investment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Furthermore, Qatar has announced that the cabinet had approved draft legislation governing investment of non-Qatari capital in the economy. It is said that the legislation will replace Law No 13 from 2000 to further open up the country to foreign investment in all sectors with several exceptions. The draft under discussion was not disclosed, accordingly, the details of this amendment are still unconfirmed, and it is uncertain when this law will be issued.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another law closely related to foreign investment is also expected to be released, administering ownership of real estate by non-Qatari citizens. The law is likely to define certain areas on which such ownership is permissible and the conditions to apply to the same, as well as granting heirs of the owner the same ownership rights after the death of the owner.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Encouraging foreign investment is essential for economic development. By providing the needed legal tools to safeguard the interests of domestic industries, consumers, and foreign investors, Qatar would appear to be moving in the right direction, by developing a robust and balanced legal and economic system.</p>\r\n\r\n<em>Our <a href=\"https://www.tamimi.com/practice/intellectual-property/\">IP department</a> has a dedicated team of experienced practitioners, who can assist in a wide range of contentious and non-contentious matters related to IP, including legal protection, contractual matters and litigation. For more information about our IP services or if you wish to enquire more about the above reported developments, please contact the author or <a href=\"https://www.tamimi.com/lawyer/omar-obeidat/\">Omar Obeidat</a> (Partner &amp; Head of Intellectual Property) at <a href=\"mailto:o.obeidat@tamimi.com\">o.obeidat@tamimi.com</a>.</em>');
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(299010, 28605, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">Qatar is taking extensive positive steps to improve its legislative system. This has been reflected in various new laws, regulations and amendments coming into force during the past year.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we highlight some of the more interesting recent legislative changes.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Consumer Protection Law amendment released</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Law Number 7 of 2018 amending Law 8 of 2008 on Consumer Protection was published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment, as expected, imposes stricter administrative punishments, in addition to the existing administrative and criminal sanctions, which include imprisonment and/or fines.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment extends Article 18 bis, which is the provision that grants the Consumer Protection Department’s the authority to temporary close the infringing shop or place of business for a period not exceeding one month for the first violation, two months for the second violation, and three months for any further violations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to publishing the closure decision on the Ministry’s website and in two daily newspapers, the amendment imposes a notice of violation to be placed on the offending shop or place of business alerting consumers to the reason of the closure being due to violations of the Consumer Protection Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This amendment adds to the significant role of the Qatari Consumer Protection Department, by further publicising the violation to consumers, making the administrative action more effective and preventive.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The Issuance of the Patents Implementing Regulation</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Patents Implementing Regulation Number 153 of 2018 was also published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Patents in Qatar are governed by the provisions of Law Number 30 of 2006. This law has not been updated since its issuance, and was put into place without being accompanied by any implementing regulations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the recent developments, including the issuance of the long awaited implementing regulations, are in line with the Qatar National Vision 2030, including the national strategic plan improving IP enforcement and protection, and are assigned to a specialised committee in accordance with decision Number 45 of 2017. Accordingly, further improvements and regulations are also expected to be issued soon.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The new patents implementing regulation specifies procedures related to registration of patents, including granting the Patent Office the authority to accept submission of supporting documents within a maximum six month period of filing a patent application. In case of non-compliance within the six month period, the patent application shall be considered abandoned, in accordance with Article 2 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the maximum period granted by the Patent Office for filing supporting documents in cases of priority claims is three months, as per Article 3 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Article 8 of the regulations confirm that the Patent Office may use the assistance of experts in the relevant field within the examination process, and the applicant is to cover the cost of such experts.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These regulations are expected to enhance the efficiency of the patent registration process in Qatar.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Law on Competitiveness of National Products to be released</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In June 2018, Qatar’s Advisory Council discussed a draft law on supporting the competitiveness of national products and combating harmful practices in international trade. The draft law was referred to the Financial and Economic Affairs Committee for its examination and for the Committee to report back to the Council with their comments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The draft law confirms complying with Qatar’s international obligations as per the World Trade Organisation (WTO) Agreements signed by Qatar.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This law also supports Qatar’s aim to achieve self-sufficiency and food security.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Foreign investment and Trade - Agreements signed and further laws under discussion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qatar launched direct maritime shipping lines with many counties including Kuwait, Oman, India, Pakistan, Turkey and Iraq, in addition to Jordan. This was in line with the entry into bilateral agreements with many countries with the aim of improving trade relationships and encouraging foreign investment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Furthermore, Qatar has announced that the cabinet had approved draft legislation governing investment of non-Qatari capital in the economy. It is said that the legislation will replace Law No 13 from 2000 to further open up the country to foreign investment in all sectors with several exceptions. The draft under discussion was not disclosed, accordingly, the details of this amendment are still unconfirmed, and it is uncertain when this law will be issued.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another law closely related to foreign investment is also expected to be released, administering ownership of real estate by non-Qatari citizens. The law is likely to define certain areas on which such ownership is permissible and the conditions to apply to the same, as well as granting heirs of the owner the same ownership rights after the death of the owner.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Encouraging foreign investment is essential for economic development. By providing the needed legal tools to safeguard the interests of domestic industries, consumers, and foreign investors, Qatar would appear to be moving in the right direction, by developing a robust and balanced legal and economic system.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<em>Our <a href=\"https://www.tamimi.com/practice/intellectual-property/\">IP department</a> has a dedicated team of experienced practitioners, who can assist in a wide range of contentious and non-contentious matters related to IP, including legal protection, contractual matters and litigation. For more information about our IP services or if you wish to enquire more about the above reported developments, please contact the author or <a href=\"https://www.tamimi.com/lawyer/omar-obeidat/\">Omar Obeidat</a> (Partner &amp; Head of Intellectual Property) at <a href=\"mailto:o.obeidat@tamimi.com\">o.obeidat@tamimi.com</a>.</em>'),
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(299013, 28605, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">Qatar is taking extensive positive steps to improve its legislative system. This has been reflected in various new laws, regulations and amendments coming into force during the past year.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we highlight some of the more interesting recent legislative changes.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Consumer Protection Law amendment released</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Law Number 7 of 2018 amending Law 8 of 2008 on Consumer Protection was published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment, as expected, imposes stricter administrative punishments, in addition to the existing administrative and criminal sanctions, which include imprisonment and/or fines.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment extends Article 18 bis, which is the provision that grants the Consumer Protection Department’s the authority to temporary close the infringing shop or place of business for a period not exceeding one month for the first violation, two months for the second violation, and three months for any further violations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to publishing the closure decision on the Ministry’s website and in two daily newspapers, the amendment imposes a notice of violation to be placed on the offending shop or place of business alerting consumers to the reason of the closure being due to violations of the Consumer Protection Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This amendment adds to the significant role of the Qatari Consumer Protection Department, by further publicising the violation to consumers, making the administrative action more effective and preventive.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The Issuance of the Patents Implementing Regulation</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Patents Implementing Regulation Number 153 of 2018 was also published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Patents in Qatar are governed by the provisions of Law Number 30 of 2006. This law has not been updated since its issuance, and was put into place without being accompanied by any implementing regulations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the recent developments, including the issuance of the long awaited implementing regulations, are in line with the Qatar National Vision 2030, including the national strategic plan improving IP enforcement and protection, and are assigned to a specialised committee in accordance with decision Number 45 of 2017. Accordingly, further improvements and regulations are also expected to be issued soon.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The new patents implementing regulation specifies procedures related to registration of patents, including granting the Patent Office the authority to accept submission of supporting documents within a maximum six month period of filing a patent application. In case of non-compliance within the six month period, the patent application shall be considered abandoned, in accordance with Article 2 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the maximum period granted by the Patent Office for filing supporting documents in cases of priority claims is three months, as per Article 3 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Article 8 of the regulations confirm that the Patent Office may use the assistance of experts in the relevant field within the examination process, and the applicant is to cover the cost of such experts.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These regulations are expected to enhance the efficiency of the patent registration process in Qatar.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Law on Competitiveness of National Products to be released</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In June 2018, Qatar’s Advisory Council discussed a draft law on supporting the competitiveness of national products and combating harmful practices in international trade. The draft law was referred to the Financial and Economic Affairs Committee for its examination and for the Committee to report back to the Council with their comments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The draft law confirms complying with Qatar’s international obligations as per the World Trade Organisation (WTO) Agreements signed by Qatar.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This law also supports Qatar’s aim to achieve self-sufficiency and food security.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Foreign investment and Trade - Agreements signed and further laws under discussion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qatar launched direct maritime shipping lines with many counties including Kuwait, Oman, India, Pakistan, Turkey and Iraq, in addition to Jordan. This was in line with the entry into bilateral agreements with many countries with the aim of improving trade relationships and encouraging foreign investment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Furthermore, Qatar has announced that the cabinet had approved draft legislation governing investment of non-Qatari capital in the economy. It is said that the legislation will replace Law No 13 from 2000 to further open up the country to foreign investment in all sectors with several exceptions. The draft under discussion was not disclosed, accordingly, the details of this amendment are still unconfirmed, and it is uncertain when this law will be issued.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another law closely related to foreign investment is also expected to be released, administering ownership of real estate by non-Qatari citizens. The law is likely to define certain areas on which such ownership is permissible and the conditions to apply to the same, as well as granting heirs of the owner the same ownership rights after the death of the owner.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Encouraging foreign investment is essential for economic development. By providing the needed legal tools to safeguard the interests of domestic industries, consumers, and foreign investors, Qatar would appear to be moving in the right direction, by developing a robust and balanced legal and economic system.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<em>Our <a href=\"https://www.tamimi.com/practice/intellectual-property/\">IP department</a> has a dedicated team of experienced practitioners, who can assist in a wide range of contentious and non-contentious matters related to IP, including legal protection, contractual matters and litigation. For more information about our IP services or if you wish to enquire more about the above reported developments, please contact the author or <a href=\"https://www.tamimi.com/lawyer/omar-obeidat/\">Omar Obeidat</a> (Partner &amp; Head of Intellectual Property) at <a href=\"mailto:o.obeidat@tamimi.com\">o.obeidat@tamimi.com</a>.</em>|<p dir=\"LTR\" align=\"LEFT\">Qatar is taking extensive positive steps to improve its legislative system. This has been reflected in various new laws, regulations and amendments coming into force during the past year.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we highlight some of the more interesting recent legislative changes.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Consumer Protection Law amendment released</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Law Number 7 of 2018 amending Law 8 of 2008 on Consumer Protection was published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment, as expected, imposes stricter administrative punishments, in addition to the existing administrative and criminal sanctions, which include imprisonment and/or fines.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The amendment extends Article 18 bis, which is the provision that grants the Consumer Protection Department’s the authority to temporary close the infringing shop or place of business for a period not exceeding one month for the first violation, two months for the second violation, and three months for any further violations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition to publishing the closure decision on the Ministry’s website and in two daily newspapers, the amendment imposes a notice of violation to be placed on the offending shop or place of business alerting consumers to the reason of the closure being due to violations of the Consumer Protection Law.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This amendment adds to the significant role of the Qatari Consumer Protection Department, by further publicising the violation to consumers, making the administrative action more effective and preventive.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The Issuance of the Patents Implementing Regulation</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">The Patents Implementing Regulation Number 153 of 2018 was also published in the Qatari Official Gazette Number 11 dated 4 July 2018.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Patents in Qatar are governed by the provisions of Law Number 30 of 2006. This law has not been updated since its issuance, and was put into place without being accompanied by any implementing regulations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the recent developments, including the issuance of the long awaited implementing regulations, are in line with the Qatar National Vision 2030, including the national strategic plan improving IP enforcement and protection, and are assigned to a specialised committee in accordance with decision Number 45 of 2017. Accordingly, further improvements and regulations are also expected to be issued soon.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The new patents implementing regulation specifies procedures related to registration of patents, including granting the Patent Office the authority to accept submission of supporting documents within a maximum six month period of filing a patent application. In case of non-compliance within the six month period, the patent application shall be considered abandoned, in accordance with Article 2 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">However, the maximum period granted by the Patent Office for filing supporting documents in cases of priority claims is three months, as per Article 3 of the regulation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Article 8 of the regulations confirm that the Patent Office may use the assistance of experts in the relevant field within the examination process, and the applicant is to cover the cost of such experts.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">These regulations are expected to enhance the efficiency of the patent registration process in Qatar.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Law on Competitiveness of National Products to be released</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In June 2018, Qatar’s Advisory Council discussed a draft law on supporting the competitiveness of national products and combating harmful practices in international trade. The draft law was referred to the Financial and Economic Affairs Committee for its examination and for the Committee to report back to the Council with their comments.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The draft law confirms complying with Qatar’s international obligations as per the World Trade Organisation (WTO) Agreements signed by Qatar.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">This law also supports Qatar’s aim to achieve self-sufficiency and food security.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Foreign investment and Trade - Agreements signed and further laws under discussion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qatar launched direct maritime shipping lines with many counties including Kuwait, Oman, India, Pakistan, Turkey and Iraq, in addition to Jordan. This was in line with the entry into bilateral agreements with many countries with the aim of improving trade relationships and encouraging foreign investment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Furthermore, Qatar has announced that the cabinet had approved draft legislation governing investment of non-Qatari capital in the economy. It is said that the legislation will replace Law No 13 from 2000 to further open up the country to foreign investment in all sectors with several exceptions. The draft under discussion was not disclosed, accordingly, the details of this amendment are still unconfirmed, and it is uncertain when this law will be issued.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Another law closely related to foreign investment is also expected to be released, administering ownership of real estate by non-Qatari citizens. The law is likely to define certain areas on which such ownership is permissible and the conditions to apply to the same, as well as granting heirs of the owner the same ownership rights after the death of the owner.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Encouraging foreign investment is essential for economic development. By providing the needed legal tools to safeguard the interests of domestic industries, consumers, and foreign investors, Qatar would appear to be moving in the right direction, by developing a robust and balanced legal and economic system.</p>\r\n\r\n<em>Our <a href=\"https://www.tamimi.com/practice/intellectual-property/\">IP department</a> has a dedicated team of experienced practitioners, who can assist in a wide range of contentious and non-contentious matters related to IP, including legal protection, contractual matters and litigation. For more information about our IP services or if you wish to enquire more about the above reported developments, please contact the author or <a href=\"https://www.tamimi.com/lawyer/omar-obeidat/\">Omar Obeidat</a> (Partner &amp; Head of Intellectual Property) at <a href=\"mailto:o.obeidat@tamimi.com\">o.obeidat@tamimi.com</a>.</em>'),
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(299141, 28615, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">Egypt has faced many challenges in recent years, the most serious of which has been the economic strain that years of political instability have brought on productivity and economic security. Additionally, Egypt has also been facing several chronic problems that have gradually worsened over the years including in the health and education sectors. However, in the last four years, private and public investment in education has increased significantly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Most recently, EFG-Hermes acquired a group of schools in an EGP 1 billion transaction from the Talaat Mostafa Group. The schools will be managed by the UAE-based education company, GEMS. The partnership between GEMS and EFG-Hermes plans to invest up to USD 300 million on school acquisitions in the coming years. There have also been serious efforts to modernize the education sector from elementary schools to universities. Vision 2030 for education in Egypt along with the Minister of Education’s efforts to overhaul the current system are ambitious and promising.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The purpose of this article is to highlight further opportunities in the Egyptian Education Sector as well as some key challenges and related legislative developments.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Constitutional Background</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Education has always been a right enshrined in the Egyptian Constitution but its most recent iteration in Article 19 of the 2014 Constitution is one that offers more legal guarantees promising to raise the level of education and ensure free education to all, while spending no less than 4% of the government’s budget on education. This is certainly a challenging goal to achieve especially when considering the education sector’s longstanding problems.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Challenges to the Education Sector</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Overpopulation and lack of resources</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">With a rising population of over 100 million people and limited resources, Egypt’s public education struggles a great deal, especially considering high poverty rates which preclude a majority of the population from seeking private education. The average number of students in a public classroom in Egypt is 45, while every year an additional 500,000-700,000 students enter schools. This is partially due to an infrastructure problem that impedes the creation of sufficient capacity. Even though there are 55,000 schools across the country, far more schools are still required to meet the challenges ahead. This problem is worsened when it comes to higher education, as only 31% of 18-22 year-olds are enrolled in a university.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Lack of quality public education</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The natural result of overcrowded schools and underfunded education is a dramatic reduction in quality. Egypt is ranked 141st in terms of quality of basic education and only has one university ranked among the best universities worldwide. However, this problem is further exacerbated by a lack of qualified and well-educated teachers, due to a lack of training and meagre wages. The lack of quality higher education creates a gap between the requirements of the job market and the skills and knowledge obtained by graduates. This is exemplified by the fact that 35% of graduates of higher education institutes are unemployed.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vision for the Future and New Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Egypt has given a prominent position to education in its national strategy, to be achieved by 2030. By introducing radical changes to both basic and higher education, the Egyptian government is aiming to developing a new generation of competent Egyptians that are capable of competing on the global stage.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In terms of basic education, the Government is seeking to develop existing schools, introduce a set of new schools established on a model inspired by the Japanese education system and restructuring the technical schools to turn them into technology-focused schools that provide modern and up to date education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As for higher education, the strategy is based on three pillars: i) International Branch Campuses (IBCs), ii) \"Ahleya\" Universities, which are non-profit and non-governmental universities and iii) technology institutes.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In relation to IBCs, 220 acres in the new administrative capital have already been allocated to IBCs and a number of universities from Austria, Canada, Hungary, Sweden, UK and USA have been granted approval to setup IBCs with many of them targeting to commence operations in the academic year 2018-2019.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Moreover, the Government is working on establishing research centres specialising in biotechnology, renewable energy, AI and genetics and thirty-two \"Ahleya\" universities by 2030. It is also planning on working with its international partners to improve the ranking of public Egyptian universities.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Legislative Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">On the legislative side, the legislative map for the coming year includes enactment of laws regulating IBCs, technology institutes and university-affiliated hospitals as well as amending laws regulating private and \"Ahleya\" universities and public universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among those laws, the International Branch Campus Law no. 162 of 2018 (\"IBC Law\") stands as the most significant given the novelty of the concept to Egypt and the significant potential investment its enactment will bring. The IBC Law distinguishes between three different entities: the Parent University, which is the university that will establish a branch, bearing its name, in Egypt, the Branch, which will be the IBC established in Egypt and the Educational Institution, which is the institution that will be established to host the Branch and run the administrative matters relating to the Branch.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Branch will be established by virtue of a presidential decree. The Branch will be able to benefit from a wide array of benefits provided by Egyptian laws, including the new investment law, (Law.72 of 2017) which provides for tax benefits. The Branch will be required to:</p>\r\n\r\n<ul>\r\n 	<li>abide by all Egyptian laws and regulations;</li>\r\n 	<li>submit a list of all Non-Egyptian nominees for senior management and academic staff positions to the Ministry of Higher Education, prior to the execution of their appointment, for approval;</li>\r\n 	<li>have at least fifty (50) percent of its student body formed by Egyptian nationals;</li>\r\n 	<li>provide its students with the same academic material used at the Parent University;</li>\r\n 	<li>award the same degree as the Parent University;</li>\r\n 	<li>allocate a number of scholarships and grants to its students and academic staff to enable them to study and attend training sessions at the Parent University; and</li>\r\n 	<li>present to the Ministry of Higher Education a five-year vision and expansion plan.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Though the Egyptian education sector has many challenges ahead, it also possesses many opportunities for positive reform to be created by private investments. Private schools and universities are becoming increasingly necessary while the government’s vision for education will also create many business opportunities for education-centric businesses. This includes supplying public schools with modern facilities, training teachers and creating new curricula. Many foreign investors are recognizing the potential in the education market and investing heavily in Egypt, while local investors are doubling-down on their investments in education by constantly expanding their schools and universities.</p>\r\n\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/corporate-structuring/\">Corporate Structuring</a> and <a href=\"https://www.tamimi.com/practice/corporate-mergers-acquisitions/\">Corporate Commercial</a> team regularly advise on education transactions and re-structuring. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ayman-nour/\">Ayman Nour</a> (<a href=\"mailto:A.nour@tamimi.com\">A.nour@tamimi.com</a>) or Mohamed Gabr (<a href=\"mailto:M.Gabr@tamimi.com\">M.Gabr@tamimi.com</a>).</em>'),
(299142, 28615, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">Egypt has faced many challenges in recent years, the most serious of which has been the economic strain that years of political instability have brought on productivity and economic security. Additionally, Egypt has also been facing several chronic problems that have gradually worsened over the years including in the health and education sectors. However, in the last four years, private and public investment in education has increased significantly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Most recently, EFG-Hermes acquired a group of schools in an EGP 1 billion transaction from the Talaat Mostafa Group. The schools will be managed by the UAE-based education company, GEMS. The partnership between GEMS and EFG-Hermes plans to invest up to USD 300 million on school acquisitions in the coming years. There have also been serious efforts to modernize the education sector from elementary schools to universities. Vision 2030 for education in Egypt along with the Minister of Education’s efforts to overhaul the current system are ambitious and promising.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The purpose of this article is to highlight further opportunities in the Egyptian Education Sector as well as some key challenges and related legislative developments.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Constitutional Background</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Education has always been a right enshrined in the Egyptian Constitution but its most recent iteration in Article 19 of the 2014 Constitution is one that offers more legal guarantees promising to raise the level of education and ensure free education to all, while spending no less than 4% of the government’s budget on education. This is certainly a challenging goal to achieve especially when considering the education sector’s longstanding problems.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Challenges to the Education Sector</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Overpopulation and lack of resources</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">With a rising population of over 100 million people and limited resources, Egypt’s public education struggles a great deal, especially considering high poverty rates which preclude a majority of the population from seeking private education. The average number of students in a public classroom in Egypt is 45, while every year an additional 500,000-700,000 students enter schools. This is partially due to an infrastructure problem that impedes the creation of sufficient capacity. Even though there are 55,000 schools across the country, far more schools are still required to meet the challenges ahead. This problem is worsened when it comes to higher education, as only 31% of 18-22 year-olds are enrolled in a university.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Lack of quality public education</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The natural result of overcrowded schools and underfunded education is a dramatic reduction in quality. Egypt is ranked 141st in terms of quality of basic education and only has one university ranked among the best universities worldwide. However, this problem is further exacerbated by a lack of qualified and well-educated teachers, due to a lack of training and meagre wages. The lack of quality higher education creates a gap between the requirements of the job market and the skills and knowledge obtained by graduates. This is exemplified by the fact that 35% of graduates of higher education institutes are unemployed.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vision for the Future and New Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Egypt has given a prominent position to education in its national strategy, to be achieved by 2030. By introducing radical changes to both basic and higher education, the Egyptian government is aiming to developing a new generation of competent Egyptians that are capable of competing on the global stage.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In terms of basic education, the Government is seeking to develop existing schools, introduce a set of new schools established on a model inspired by the Japanese education system and restructuring the technical schools to turn them into technology-focused schools that provide modern and up to date education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As for higher education, the strategy is based on three pillars: i) International Branch Campuses (IBCs), ii) \"Ahleya\" Universities, which are non-profit and non-governmental universities and iii) technology institutes.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In relation to IBCs, 220 acres in the new administrative capital have already been allocated to IBCs and a number of universities from Austria, Canada, Hungary, Sweden, UK and USA have been granted approval to setup IBCs with many of them targeting to commence operations in the academic year 2018-2019.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Moreover, the Government is working on establishing research centres specialising in biotechnology, renewable energy, AI and genetics and thirty-two \"Ahleya\" universities by 2030. It is also planning on working with its international partners to improve the ranking of public Egyptian universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Legislative Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">On the legislative side, the legislative map for the coming year includes enactment of laws regulating IBCs, technology institutes and university-affiliated hospitals as well as amending laws regulating private and \"Ahleya\" universities and public universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among those laws, the International Branch Campus Law no. 162 of 2018 (\"IBC Law\") stands as the most significant given the novelty of the concept to Egypt and the significant potential investment its enactment will bring. The IBC Law distinguishes between three different entities: the Parent University, which is the university that will establish a branch, bearing its name, in Egypt, the Branch, which will be the IBC established in Egypt and the Educational Institution, which is the institution that will be established to host the Branch and run the administrative matters relating to the Branch.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Branch will be established by virtue of a presidential decree. The Branch will be able to benefit from a wide array of benefits provided by Egyptian laws, including the new investment law, (Law.72 of 2017) which provides for tax benefits. The Branch will be required to:</p>\r\n\r\n<ul>\r\n 	<li>abide by all Egyptian laws and regulations;</li>\r\n 	<li>submit a list of all Non-Egyptian nominees for senior management and academic staff positions to the Ministry of Higher Education, prior to the execution of their appointment, for approval;</li>\r\n 	<li>have at least fifty (50) percent of its student body formed by Egyptian nationals;</li>\r\n 	<li>provide its students with the same academic material used at the Parent University;</li>\r\n 	<li>award the same degree as the Parent University;</li>\r\n 	<li>allocate a number of scholarships and grants to its students and academic staff to enable them to study and attend training sessions at the Parent University; and</li>\r\n 	<li>present to the Ministry of Higher Education a five-year vision and expansion plan.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Though the Egyptian education sector has many challenges ahead, it also possesses many opportunities for positive reform to be created by private investments. Private schools and universities are becoming increasingly necessary while the government’s vision for education will also create many business opportunities for education-centric businesses. This includes supplying public schools with modern facilities, training teachers and creating new curricula. Many foreign investors are recognizing the potential in the education market and investing heavily in Egypt, while local investors are doubling-down on their investments in education by constantly expanding their schools and universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/corporate-structuring/\">Corporate Structuring</a> and <a href=\"https://www.tamimi.com/practice/corporate-mergers-acquisitions/\">Corporate Commercial</a> team regularly advise on education transactions and re-structuring. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ayman-nour/\">Ayman Nour</a> (<a href=\"mailto:A.nour@tamimi.com\">A.nour@tamimi.com</a>) or Mohamed Gabr (<a href=\"mailto:M.Gabr@tamimi.com\">M.Gabr@tamimi.com</a>).</em>'),
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(299145, 28615, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">Egypt has faced many challenges in recent years, the most serious of which has been the economic strain that years of political instability have brought on productivity and economic security. Additionally, Egypt has also been facing several chronic problems that have gradually worsened over the years including in the health and education sectors. However, in the last four years, private and public investment in education has increased significantly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Most recently, EFG-Hermes acquired a group of schools in an EGP 1 billion transaction from the Talaat Mostafa Group. The schools will be managed by the UAE-based education company, GEMS. The partnership between GEMS and EFG-Hermes plans to invest up to USD 300 million on school acquisitions in the coming years. There have also been serious efforts to modernize the education sector from elementary schools to universities. Vision 2030 for education in Egypt along with the Minister of Education’s efforts to overhaul the current system are ambitious and promising.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The purpose of this article is to highlight further opportunities in the Egyptian Education Sector as well as some key challenges and related legislative developments.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Constitutional Background</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Education has always been a right enshrined in the Egyptian Constitution but its most recent iteration in Article 19 of the 2014 Constitution is one that offers more legal guarantees promising to raise the level of education and ensure free education to all, while spending no less than 4% of the government’s budget on education. This is certainly a challenging goal to achieve especially when considering the education sector’s longstanding problems.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Challenges to the Education Sector</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Overpopulation and lack of resources</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">With a rising population of over 100 million people and limited resources, Egypt’s public education struggles a great deal, especially considering high poverty rates which preclude a majority of the population from seeking private education. The average number of students in a public classroom in Egypt is 45, while every year an additional 500,000-700,000 students enter schools. This is partially due to an infrastructure problem that impedes the creation of sufficient capacity. Even though there are 55,000 schools across the country, far more schools are still required to meet the challenges ahead. This problem is worsened when it comes to higher education, as only 31% of 18-22 year-olds are enrolled in a university.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Lack of quality public education</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The natural result of overcrowded schools and underfunded education is a dramatic reduction in quality. Egypt is ranked 141st in terms of quality of basic education and only has one university ranked among the best universities worldwide. However, this problem is further exacerbated by a lack of qualified and well-educated teachers, due to a lack of training and meagre wages. The lack of quality higher education creates a gap between the requirements of the job market and the skills and knowledge obtained by graduates. This is exemplified by the fact that 35% of graduates of higher education institutes are unemployed.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vision for the Future and New Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Egypt has given a prominent position to education in its national strategy, to be achieved by 2030. By introducing radical changes to both basic and higher education, the Egyptian government is aiming to developing a new generation of competent Egyptians that are capable of competing on the global stage.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In terms of basic education, the Government is seeking to develop existing schools, introduce a set of new schools established on a model inspired by the Japanese education system and restructuring the technical schools to turn them into technology-focused schools that provide modern and up to date education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As for higher education, the strategy is based on three pillars: i) International Branch Campuses (IBCs), ii) \"Ahleya\" Universities, which are non-profit and non-governmental universities and iii) technology institutes.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In relation to IBCs, 220 acres in the new administrative capital have already been allocated to IBCs and a number of universities from Austria, Canada, Hungary, Sweden, UK and USA have been granted approval to setup IBCs with many of them targeting to commence operations in the academic year 2018-2019.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Moreover, the Government is working on establishing research centres specialising in biotechnology, renewable energy, AI and genetics and thirty-two \"Ahleya\" universities by 2030. It is also planning on working with its international partners to improve the ranking of public Egyptian universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Legislative Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">On the legislative side, the legislative map for the coming year includes enactment of laws regulating IBCs, technology institutes and university-affiliated hospitals as well as amending laws regulating private and \"Ahleya\" universities and public universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among those laws, the International Branch Campus Law no. 162 of 2018 (\"IBC Law\") stands as the most significant given the novelty of the concept to Egypt and the significant potential investment its enactment will bring. The IBC Law distinguishes between three different entities: the Parent University, which is the university that will establish a branch, bearing its name, in Egypt, the Branch, which will be the IBC established in Egypt and the Educational Institution, which is the institution that will be established to host the Branch and run the administrative matters relating to the Branch.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Branch will be established by virtue of a presidential decree. The Branch will be able to benefit from a wide array of benefits provided by Egyptian laws, including the new investment law, (Law.72 of 2017) which provides for tax benefits. The Branch will be required to:</p>\r\n\r\n<ul>\r\n 	<li>abide by all Egyptian laws and regulations;</li>\r\n 	<li>submit a list of all Non-Egyptian nominees for senior management and academic staff positions to the Ministry of Higher Education, prior to the execution of their appointment, for approval;</li>\r\n 	<li>have at least fifty (50) percent of its student body formed by Egyptian nationals;</li>\r\n 	<li>provide its students with the same academic material used at the Parent University;</li>\r\n 	<li>award the same degree as the Parent University;</li>\r\n 	<li>allocate a number of scholarships and grants to its students and academic staff to enable them to study and attend training sessions at the Parent University; and</li>\r\n 	<li>present to the Ministry of Higher Education a five-year vision and expansion plan.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Though the Egyptian education sector has many challenges ahead, it also possesses many opportunities for positive reform to be created by private investments. Private schools and universities are becoming increasingly necessary while the government’s vision for education will also create many business opportunities for education-centric businesses. This includes supplying public schools with modern facilities, training teachers and creating new curricula. Many foreign investors are recognizing the potential in the education market and investing heavily in Egypt, while local investors are doubling-down on their investments in education by constantly expanding their schools and universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/corporate-structuring/\">Corporate Structuring</a> and <a href=\"https://www.tamimi.com/practice/corporate-mergers-acquisitions/\">Corporate Commercial</a> team regularly advise on education transactions and re-structuring. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ayman-nour/\">Ayman Nour</a> (<a href=\"mailto:A.nour@tamimi.com\">A.nour@tamimi.com</a>) or Mohamed Gabr (<a href=\"mailto:M.Gabr@tamimi.com\">M.Gabr@tamimi.com</a>).</em>|<p dir=\"LTR\" align=\"LEFT\">Egypt has faced many challenges in recent years, the most serious of which has been the economic strain that years of political instability have brought on productivity and economic security. Additionally, Egypt has also been facing several chronic problems that have gradually worsened over the years including in the health and education sectors. However, in the last four years, private and public investment in education has increased significantly.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Most recently, EFG-Hermes acquired a group of schools in an EGP 1 billion transaction from the Talaat Mostafa Group. The schools will be managed by the UAE-based education company, GEMS. The partnership between GEMS and EFG-Hermes plans to invest up to USD 300 million on school acquisitions in the coming years. There have also been serious efforts to modernize the education sector from elementary schools to universities. Vision 2030 for education in Egypt along with the Minister of Education’s efforts to overhaul the current system are ambitious and promising.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The purpose of this article is to highlight further opportunities in the Egyptian Education Sector as well as some key challenges and related legislative developments.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Constitutional Background</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Education has always been a right enshrined in the Egyptian Constitution but its most recent iteration in Article 19 of the 2014 Constitution is one that offers more legal guarantees promising to raise the level of education and ensure free education to all, while spending no less than 4% of the government’s budget on education. This is certainly a challenging goal to achieve especially when considering the education sector’s longstanding problems.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Challenges to the Education Sector</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Overpopulation and lack of resources</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">With a rising population of over 100 million people and limited resources, Egypt’s public education struggles a great deal, especially considering high poverty rates which preclude a majority of the population from seeking private education. The average number of students in a public classroom in Egypt is 45, while every year an additional 500,000-700,000 students enter schools. This is partially due to an infrastructure problem that impedes the creation of sufficient capacity. Even though there are 55,000 schools across the country, far more schools are still required to meet the challenges ahead. This problem is worsened when it comes to higher education, as only 31% of 18-22 year-olds are enrolled in a university.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Lack of quality public education</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The natural result of overcrowded schools and underfunded education is a dramatic reduction in quality. Egypt is ranked 141st in terms of quality of basic education and only has one university ranked among the best universities worldwide. However, this problem is further exacerbated by a lack of qualified and well-educated teachers, due to a lack of training and meagre wages. The lack of quality higher education creates a gap between the requirements of the job market and the skills and knowledge obtained by graduates. This is exemplified by the fact that 35% of graduates of higher education institutes are unemployed.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Vision for the Future and New Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Egypt has given a prominent position to education in its national strategy, to be achieved by 2030. By introducing radical changes to both basic and higher education, the Egyptian government is aiming to developing a new generation of competent Egyptians that are capable of competing on the global stage.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In terms of basic education, the Government is seeking to develop existing schools, introduce a set of new schools established on a model inspired by the Japanese education system and restructuring the technical schools to turn them into technology-focused schools that provide modern and up to date education.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">As for higher education, the strategy is based on three pillars: i) International Branch Campuses (IBCs), ii) \"Ahleya\" Universities, which are non-profit and non-governmental universities and iii) technology institutes.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In relation to IBCs, 220 acres in the new administrative capital have already been allocated to IBCs and a number of universities from Austria, Canada, Hungary, Sweden, UK and USA have been granted approval to setup IBCs with many of them targeting to commence operations in the academic year 2018-2019.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Moreover, the Government is working on establishing research centres specialising in biotechnology, renewable energy, AI and genetics and thirty-two \"Ahleya\" universities by 2030. It is also planning on working with its international partners to improve the ranking of public Egyptian universities.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Legislative Developments</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">On the legislative side, the legislative map for the coming year includes enactment of laws regulating IBCs, technology institutes and university-affiliated hospitals as well as amending laws regulating private and \"Ahleya\" universities and public universities.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Among those laws, the International Branch Campus Law no. 162 of 2018 (\"IBC Law\") stands as the most significant given the novelty of the concept to Egypt and the significant potential investment its enactment will bring. The IBC Law distinguishes between three different entities: the Parent University, which is the university that will establish a branch, bearing its name, in Egypt, the Branch, which will be the IBC established in Egypt and the Educational Institution, which is the institution that will be established to host the Branch and run the administrative matters relating to the Branch.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The Branch will be established by virtue of a presidential decree. The Branch will be able to benefit from a wide array of benefits provided by Egyptian laws, including the new investment law, (Law.72 of 2017) which provides for tax benefits. The Branch will be required to:</p>\r\n\r\n<ul>\r\n 	<li>abide by all Egyptian laws and regulations;</li>\r\n 	<li>submit a list of all Non-Egyptian nominees for senior management and academic staff positions to the Ministry of Higher Education, prior to the execution of their appointment, for approval;</li>\r\n 	<li>have at least fifty (50) percent of its student body formed by Egyptian nationals;</li>\r\n 	<li>provide its students with the same academic material used at the Parent University;</li>\r\n 	<li>award the same degree as the Parent University;</li>\r\n 	<li>allocate a number of scholarships and grants to its students and academic staff to enable them to study and attend training sessions at the Parent University; and</li>\r\n 	<li>present to the Ministry of Higher Education a five-year vision and expansion plan.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Though the Egyptian education sector has many challenges ahead, it also possesses many opportunities for positive reform to be created by private investments. Private schools and universities are becoming increasingly necessary while the government’s vision for education will also create many business opportunities for education-centric businesses. This includes supplying public schools with modern facilities, training teachers and creating new curricula. Many foreign investors are recognizing the potential in the education market and investing heavily in Egypt, while local investors are doubling-down on their investments in education by constantly expanding their schools and universities.</p>\r\n\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/corporate-structuring/\">Corporate Structuring</a> and <a href=\"https://www.tamimi.com/practice/corporate-mergers-acquisitions/\">Corporate Commercial</a> team regularly advise on education transactions and re-structuring. For further information please contact <a href=\"https://www.tamimi.com/lawyer/ayman-nour/\">Ayman Nour</a> (<a href=\"mailto:A.nour@tamimi.com\">A.nour@tamimi.com</a>) or Mohamed Gabr (<a href=\"mailto:M.Gabr@tamimi.com\">M.Gabr@tamimi.com</a>).</em>'),
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(299197, 28619, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">All higher education institutions in Bahrain, both private and public, are regulated by the Higher Education Council (\"HEC\") which was formed according to Law No. (3) of 2005, to regulate, promote and monitor the higher education sector.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with Bahrain’s 2030 vision, the HEC in 2014 approved the first National Strategy for Higher Education and Scientific Research, a ten-year plan that aims to transform Bahrain into a regional hub for quality private higher education. Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Applications to establish Private Higher Education Institutions (\"PHEIs\") in Bahrain must be made to the Secretariat General of the HEC. The application is the first step towards starting new programmes or launching a new institution and the HEC’s criteria for such applications includes the quality of education provided, meeting the economic needs of Bahrain, the quality of faculty staff, the curriculum and the method of teaching. The HEC usually decides upon the application within four (4) months upon submission.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">All foreign private education institutions with headquarters outside Bahrain must be in compliance with laws and regulations applicable in their home countries, in addition to those applicable in Bahrain.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs in Bahrain may be established in the following forms:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Institute - an institution that awards a diploma, associate diploma or both that are less than a BSc. Degree.</li>\r\n 	<li dir=\"LTR\">College - an institution that awards a university degree or more and may award other higher educational qualifications.</li>\r\n 	<li dir=\"LTR\">University - an institution that comprises a number of colleges or institutes, or both, provided that they are not less than three (3).</li>\r\n</ul>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.\"</h2>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In line with the national strategy to establish quality assurance mechanisms for higher education within the Kingdom, the HEC recently introduced its institutional accreditation system.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs must obtain accreditation from the HEC through the Academic Accreditation Committee, formed of members recommended by HEC and approved by the Prime Minister of Bahrain. An institution that holds a full license to operate must submit its application for accreditation within twelve months of coming into operation. The accreditation is awarded on the basis of the institution meeting standards established periodically by the HEC. The process entails an on-site inspection that focuses on the quality assurance processes of the institution in areas like governance, academic management, research, student welfare and support, teaching and learning facilities, amongst others. Accreditations are usually awarded to institutions for a period of 4 years (or lesser at the HEC’s discretion), before the expiry of which the institution must apply for re-accreditation and undergo the entire evaluation process again.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Bahrain is expected to attract more than 20,000 students into its higher education system over the next decade, of which almost 35% are expected to be international students. There is a need to increase Bahrain’s higher education capacity, thus making it a ripe time for investments in the higher education sector. Foreign higher education providers in Bahrain can benefit from the neighbouring key markets of Saudi Arabia (particularly its eastern province) and Kuwait, from where most international students in the GCC hail.</p>\r\nTraditionally, the majority of students in Bahrain have enrolled in business, finance or IT related courses. However, enrolment trends across the GCC indicate an increasing interest in science and technology courses due to higher job opportunities arising from the oil and gas industry, increasing infrastructural and construction activities as well as the rising interest in sectors like space exploration. There remains immense scope for foreign higher education providers to venture into engineering, sciences and technology as countries across the GCC look to diversify their economies and boost innovative competitiveness.\r\n\r\n&nbsp;'),
(299198, 28619, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">All higher education institutions in Bahrain, both private and public, are regulated by the Higher Education Council (\"HEC\") which was formed according to Law No. (3) of 2005, to regulate, promote and monitor the higher education sector.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with Bahrain’s 2030 vision, the HEC in 2014 approved the first National Strategy for Higher Education and Scientific Research, a ten-year plan that aims to transform Bahrain into a regional hub for quality private higher education. Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Applications to establish Private Higher Education Institutions (\"PHEIs\") in Bahrain must be made to the Secretariat General of the HEC. The application is the first step towards starting new programmes or launching a new institution and the HEC’s criteria for such applications includes the quality of education provided, meeting the economic needs of Bahrain, the quality of faculty staff, the curriculum and the method of teaching. The HEC usually decides upon the application within four (4) months upon submission.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">All foreign private education institutions with headquarters outside Bahrain must be in compliance with laws and regulations applicable in their home countries, in addition to those applicable in Bahrain.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs in Bahrain may be established in the following forms:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Institute - an institution that awards a diploma, associate diploma or both that are less than a BSc. Degree.</li>\r\n 	<li dir=\"LTR\">College - an institution that awards a university degree or more and may award other higher educational qualifications.</li>\r\n 	<li dir=\"LTR\">University - an institution that comprises a number of colleges or institutes, or both, provided that they are not less than three (3).</li>\r\n</ul>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.\"</h2>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In line with the national strategy to establish quality assurance mechanisms for higher education within the Kingdom, the HEC recently introduced its institutional accreditation system.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs must obtain accreditation from the HEC through the Academic Accreditation Committee, formed of members recommended by HEC and approved by the Prime Minister of Bahrain. An institution that holds a full license to operate must submit its application for accreditation within twelve months of coming into operation. The accreditation is awarded on the basis of the institution meeting standards established periodically by the HEC. The process entails an on-site inspection that focuses on the quality assurance processes of the institution in areas like governance, academic management, research, student welfare and support, teaching and learning facilities, amongst others. Accreditations are usually awarded to institutions for a period of 4 years (or lesser at the HEC’s discretion), before the expiry of which the institution must apply for re-accreditation and undergo the entire evaluation process again.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Bahrain is expected to attract more than 20,000 students into its higher education system over the next decade, of which almost 35% are expected to be international students. There is a need to increase Bahrain’s higher education capacity, thus making it a ripe time for investments in the higher education sector. Foreign higher education providers in Bahrain can benefit from the neighbouring key markets of Saudi Arabia (particularly its eastern province) and Kuwait, from where most international students in the GCC hail.</p>\r\nTraditionally, the majority of students in Bahrain have enrolled in business, finance or IT related courses. However, enrolment trends across the GCC indicate an increasing interest in science and technology courses due to higher job opportunities arising from the oil and gas industry, increasing infrastructural and construction activities as well as the rising interest in sectors like space exploration. There remains immense scope for foreign higher education providers to venture into engineering, sciences and technology as countries across the GCC look to diversify their economies and boost innovative competitiveness.\r\n\r\n&nbsp;'),
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(299201, 28619, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">All higher education institutions in Bahrain, both private and public, are regulated by the Higher Education Council (\"HEC\") which was formed according to Law No. (3) of 2005, to regulate, promote and monitor the higher education sector.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with Bahrain’s 2030 vision, the HEC in 2014 approved the first National Strategy for Higher Education and Scientific Research, a ten-year plan that aims to transform Bahrain into a regional hub for quality private higher education. Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Applications to establish Private Higher Education Institutions (\"PHEIs\") in Bahrain must be made to the Secretariat General of the HEC. The application is the first step towards starting new programmes or launching a new institution and the HEC’s criteria for such applications includes the quality of education provided, meeting the economic needs of Bahrain, the quality of faculty staff, the curriculum and the method of teaching. The HEC usually decides upon the application within four (4) months upon submission.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">All foreign private education institutions with headquarters outside Bahrain must be in compliance with laws and regulations applicable in their home countries, in addition to those applicable in Bahrain.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs in Bahrain may be established in the following forms:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Institute - an institution that awards a diploma, associate diploma or both that are less than a BSc. Degree.</li>\r\n 	<li dir=\"LTR\">College - an institution that awards a university degree or more and may award other higher educational qualifications.</li>\r\n 	<li dir=\"LTR\">University - an institution that comprises a number of colleges or institutes, or both, provided that they are not less than three (3).</li>\r\n</ul>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.\"</h2>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In line with the national strategy to establish quality assurance mechanisms for higher education within the Kingdom, the HEC recently introduced its institutional accreditation system.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs must obtain accreditation from the HEC through the Academic Accreditation Committee, formed of members recommended by HEC and approved by the Prime Minister of Bahrain. An institution that holds a full license to operate must submit its application for accreditation within twelve months of coming into operation. The accreditation is awarded on the basis of the institution meeting standards established periodically by the HEC. The process entails an on-site inspection that focuses on the quality assurance processes of the institution in areas like governance, academic management, research, student welfare and support, teaching and learning facilities, amongst others. Accreditations are usually awarded to institutions for a period of 4 years (or lesser at the HEC’s discretion), before the expiry of which the institution must apply for re-accreditation and undergo the entire evaluation process again.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Bahrain is expected to attract more than 20,000 students into its higher education system over the next decade, of which almost 35% are expected to be international students. There is a need to increase Bahrain’s higher education capacity, thus making it a ripe time for investments in the higher education sector. Foreign higher education providers in Bahrain can benefit from the neighbouring key markets of Saudi Arabia (particularly its eastern province) and Kuwait, from where most international students in the GCC hail.</p>\r\nTraditionally, the majority of students in Bahrain have enrolled in business, finance or IT related courses. However, enrolment trends across the GCC indicate an increasing interest in science and technology courses due to higher job opportunities arising from the oil and gas industry, increasing infrastructural and construction activities as well as the rising interest in sectors like space exploration. There remains immense scope for foreign higher education providers to venture into engineering, sciences and technology as countries across the GCC look to diversify their economies and boost innovative competitiveness.\r\n\r\n&nbsp;|<p dir=\"LTR\" align=\"LEFT\">All higher education institutions in Bahrain, both private and public, are regulated by the Higher Education Council (\"HEC\") which was formed according to Law No. (3) of 2005, to regulate, promote and monitor the higher education sector.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In line with Bahrain’s 2030 vision, the HEC in 2014 approved the first National Strategy for Higher Education and Scientific Research, a ten-year plan that aims to transform Bahrain into a regional hub for quality private higher education. Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Applications to establish Private Higher Education Institutions (\"PHEIs\") in Bahrain must be made to the Secretariat General of the HEC. The application is the first step towards starting new programmes or launching a new institution and the HEC’s criteria for such applications includes the quality of education provided, meeting the economic needs of Bahrain, the quality of faculty staff, the curriculum and the method of teaching. The HEC usually decides upon the application within four (4) months upon submission.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">All foreign private education institutions with headquarters outside Bahrain must be in compliance with laws and regulations applicable in their home countries, in addition to those applicable in Bahrain.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs in Bahrain may be established in the following forms:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">Institute - an institution that awards a diploma, associate diploma or both that are less than a BSc. Degree.</li>\r\n 	<li dir=\"LTR\">College - an institution that awards a university degree or more and may award other higher educational qualifications.</li>\r\n 	<li dir=\"LTR\">University - an institution that comprises a number of colleges or institutes, or both, provided that they are not less than three (3).</li>\r\n</ul>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"Bahrain has traditionally enjoyed popularity as a higher education destination in the GCC region owing to its strategic location, quality of life, competitive tuition and living costs, and liberal culture.\"</h2>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In line with the national strategy to establish quality assurance mechanisms for higher education within the Kingdom, the HEC recently introduced its institutional accreditation system.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">PHEIs must obtain accreditation from the HEC through the Academic Accreditation Committee, formed of members recommended by HEC and approved by the Prime Minister of Bahrain. An institution that holds a full license to operate must submit its application for accreditation within twelve months of coming into operation. The accreditation is awarded on the basis of the institution meeting standards established periodically by the HEC. The process entails an on-site inspection that focuses on the quality assurance processes of the institution in areas like governance, academic management, research, student welfare and support, teaching and learning facilities, amongst others. Accreditations are usually awarded to institutions for a period of 4 years (or lesser at the HEC’s discretion), before the expiry of which the institution must apply for re-accreditation and undergo the entire evaluation process again.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Bahrain is expected to attract more than 20,000 students into its higher education system over the next decade, of which almost 35% are expected to be international students. There is a need to increase Bahrain’s higher education capacity, thus making it a ripe time for investments in the higher education sector. Foreign higher education providers in Bahrain can benefit from the neighbouring key markets of Saudi Arabia (particularly its eastern province) and Kuwait, from where most international students in the GCC hail.</p>\r\nTraditionally, the majority of students in Bahrain have enrolled in business, finance or IT related courses. However, enrolment trends across the GCC indicate an increasing interest in science and technology courses due to higher job opportunities arising from the oil and gas industry, increasing infrastructural and construction activities as well as the rising interest in sectors like space exploration. There remains immense scope for foreign higher education providers to venture into engineering, sciences and technology as countries across the GCC look to diversify their economies and boost innovative competitiveness.\r\n\r\n&nbsp;'),
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(299291, 28626, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">The <a href=\"https://www.tamimi.com/law-update-articles/getting-to-grips-with-vat-implementation/\">introduction of value added tax</a> (VAT) in the UAE and KSA raises complexities for education providers, even as both countries are now moving towards the eighth month since the implementation of VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we will examine the UAE VAT treatment of supplies made in the education sector and the VAT issues which arise in the industry.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT story so far in the Education Sector in the UAE</h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8217 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/6.jpg\" alt=\"\" width=\"570\" height=\"397\" /></h3>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment in the education sector?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of background, VAT is imposed at the standard rate of 5% on the taxable supply of most goods and services (unless the supply is zero-rated (0%) or exempt) made in the UAE by a taxable person for consideration in the course of conducting business in the UAE.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The main difference between standard rated, zero rated and exempt supplies is that input tax incurred in connection with standard rated or zero rated supplies is as a general rule recoverable (subject to the normal rules of input tax recovery). Conversely, input VAT incurred in connection with exempt supplies is not generally recoverable.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the UAE, the supply of educational services and related goods and services for nurseries, preschool, school education, and higher educational institutions owned or funded by Federal or local Government is subject to VAT at the zero-rate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For a supply of educational services to qualify for zero-rating, the following conditions prescribed under the UAE VAT Executive Regulations should be fulfilled:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the supply of educational services must be provided in accordance with a curriculum recognised by the federal/local competent government entity;</li>\r\n 	<li dir=\"LTR\">the supplier of the educational services is an educational institution which is accredited by the federal/local competent government entity; and</li>\r\n 	<li dir=\"LTR\">where the supplier of educational services is a higher education institution, the institution is either (i) owned by the federal or local government; or (ii) receiving at least 50% of its annual funding directly from the federal or local government.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also avail of the zero-rating treatment in respect of the following:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">a supply of goods or services that is directly related to the provision of a zero-rated educational service; and</li>\r\n 	<li dir=\"LTR\">printed and digital reading material which are related to the curriculum of an education.</li>\r\n</ul>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Are there any exceptions to the zero-rating rule?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Not all supplies made by qualifying educational institutions benefit from this zero-rating rule. The following supplies are specifically excluded from this treatment and will therefore be subject to VAT at the standard rate:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">goods and services supplied to persons who are not enrolled in the educational institution;</li>\r\n 	<li dir=\"LTR\">any goods other than educational materials provided by the educational institution;</li>\r\n 	<li dir=\"LTR\">uniforms or any other clothing required to be worn by the educational institution;</li>\r\n 	<li dir=\"LTR\">electronic devices in relation to educational services;</li>\r\n 	<li dir=\"LTR\">food and beverages at the educational institution;</li>\r\n 	<li dir=\"LTR\">recreational field trips;</li>\r\n 	<li dir=\"LTR\">extracurricular activities provided for an additional fee; and</li>\r\n 	<li dir=\"LTR\">student organisation memberships.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, the supply of residential accommodation for students or school pupils is exempt from VAT. This means that qualifying educational institutions will be unable to recover any input VAT paid on expenses that are related to the supply of residential accommodation.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Would qualifying educational institutions need to register for VAT in the UAE?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions are required to register for VAT in the UAE if the value of their annual taxable turnover meets the mandatory registration threshold of AED 375,000. In calculating the value of taxable turnover, the value of standard rated and zero-rated supplied made by the qualifying educational institutions must be taken into account.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also apply for an exception to register for VAT in the UAE if they make wholly zero-rated supplies. If the application is approved, the educational institution will be exempted from any VAT obligations such as filing VAT returns. However, in doing so, educational institutions will be unable to recover any input VAT incurred on their expenses. In determining whether to apply for the exception to register for VAT, educational institutions should carefully assess the potential VAT compliance costs against the amount of recoverable input VAT.</p>\r\n\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"While the primary supply of most educational services is zero-rated in the UAE, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation would continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT issues</h3>\r\n<img class=\"wp-image-8218 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/7.jpg\" alt=\"\" width=\"541\" height=\"341\" />\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What type of supplies are \"directly related\" to the provision of a zero-rated educational service?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">As noted above, a supply of goods or services made by educational institutions is treated as zero-rated where the supply is directly related to the provision of a zero-rated educational service. However, the UAE VAT Executive Regulations do not provide further guidance on what constitutes supplies which are \"directly related\" to the provision of a zero-rated educational service. This uncertainty will likely give rise to challenges in ascertaining the VAT treatment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For example, a qualifying educational institution provides music courses. As part of the course requirements, students of the institution are required to perform in a musical concert held at the institution. Only the students’ family members and friends who received a special invitation are allowed to attend the musical concert. The concert tickets are sold at a reduced fee to cover some of the costs of running the musical concert. Can the supply of the musical performances be treated as a supply \"directly related\" to the provision of an educational service?</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is arguable that the supply of the musical performance may be \"directly related\" to the provision of educational service considering that:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the principal supply of the qualifying educational institution is zero-rated educational service; and\\</li>\r\n 	<li dir=\"LTR\">the practical training arising from the supply of musical performances forms a necessary and essential part of the curriculum;</li>\r\n 	<li dir=\"LTR\">therefore, the supply of musical performances is ancillary to the principal supply; and</li>\r\n 	<li dir=\"LTR\">the musical concert is not in competition with any commercial enterprise and not generating additional profits.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">On the other hand, the supply of the musical performances may also be regarded as falling under the scope of the exception to the zero-rating rule, and therefore be subject to VAT at the standard rate. It can be contended that the musical performances are supplied to third parties, rather than the intended recipient of educational services, i.e., the students. Further, the supply of musical performances itself will generally be treated as standard rated if it was conducted in the course of business.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment of grants and sponsorships?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">It is common for the government or third parties to provide educational institutions with financial support such as grants or sponsorships. While the VAT legislation does not prescribe the VAT treatment of grants or sponsorships, the general principle is that if a monetary grant or sponsorship is freely given without receiving anything in return, the grant or sponsorship will not constitute consideration for any supply. Therefore, the grant or sponsorship would fall outside the scope of UAE VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Conversely, if the grantor or sponsor receives a benefit or something in return from the educational institution for the monetary grant or sponsorship, the grant or sponsorship may be subject to VAT. The benefit provided by the educational institution will be rated as a taxable supply and the educational institution will have to account for VAT on the benefit. Currently, determining what constitutes a benefit is a grey area. As such, it is open to question as to whether an inclusion of the sponsor in a list of supporters in a notice or naming a university building after the sponsor may be considered as benefits.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Final remarks</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Generally, the primary supply of most educational services is zero-rated in the UAE to the extent the educational services are provided in accordance with an accredited curriculum by qualifying educational institutions. Notwithstanding this, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation will continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions, in compliance with the current VAT legislation.</p>\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/tax/\">tax team</a> regularly advises on VAT and other tax matters. For further information, please contact <a href=\"https://www.tamimi.com/lawyer/shiraz-khan/\">Shiraz Khan</a> (<a href=\"mailto:s.khan@tamimi.com\">s.khan@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/janet-gooi/\">Janet Gooi</a> (<a href=\"mailto:j.gooi@tamimi.com\">j.gooi@tamimi.com</a>).</em>'),
(299292, 28626, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">The <a href=\"https://www.tamimi.com/law-update-articles/getting-to-grips-with-vat-implementation/\">introduction of value added tax</a> (VAT) in the UAE and KSA raises complexities for education providers, even as both countries are now moving towards the eighth month since the implementation of VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we will examine the UAE VAT treatment of supplies made in the education sector and the VAT issues which arise in the industry.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT story so far in the Education Sector in the UAE</h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8217 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/6.jpg\" alt=\"\" width=\"570\" height=\"397\" /></h3>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment in the education sector?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of background, VAT is imposed at the standard rate of 5% on the taxable supply of most goods and services (unless the supply is zero-rated (0%) or exempt) made in the UAE by a taxable person for consideration in the course of conducting business in the UAE.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The main difference between standard rated, zero rated and exempt supplies is that input tax incurred in connection with standard rated or zero rated supplies is as a general rule recoverable (subject to the normal rules of input tax recovery). Conversely, input VAT incurred in connection with exempt supplies is not generally recoverable.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the UAE, the supply of educational services and related goods and services for nurseries, preschool, school education, and higher educational institutions owned or funded by Federal or local Government is subject to VAT at the zero-rate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For a supply of educational services to qualify for zero-rating, the following conditions prescribed under the UAE VAT Executive Regulations should be fulfilled:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the supply of educational services must be provided in accordance with a curriculum recognised by the federal/local competent government entity;</li>\r\n 	<li dir=\"LTR\">the supplier of the educational services is an educational institution which is accredited by the federal/local competent government entity; and</li>\r\n 	<li dir=\"LTR\">where the supplier of educational services is a higher education institution, the institution is either (i) owned by the federal or local government; or (ii) receiving at least 50% of its annual funding directly from the federal or local government.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also avail of the zero-rating treatment in respect of the following:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">a supply of goods or services that is directly related to the provision of a zero-rated educational service; and</li>\r\n 	<li dir=\"LTR\">printed and digital reading material which are related to the curriculum of an education.</li>\r\n</ul>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Are there any exceptions to the zero-rating rule?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Not all supplies made by qualifying educational institutions benefit from this zero-rating rule. The following supplies are specifically excluded from this treatment and will therefore be subject to VAT at the standard rate:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">goods and services supplied to persons who are not enrolled in the educational institution;</li>\r\n 	<li dir=\"LTR\">any goods other than educational materials provided by the educational institution;</li>\r\n 	<li dir=\"LTR\">uniforms or any other clothing required to be worn by the educational institution;</li>\r\n 	<li dir=\"LTR\">electronic devices in relation to educational services;</li>\r\n 	<li dir=\"LTR\">food and beverages at the educational institution;</li>\r\n 	<li dir=\"LTR\">recreational field trips;</li>\r\n 	<li dir=\"LTR\">extracurricular activities provided for an additional fee; and</li>\r\n 	<li dir=\"LTR\">student organisation memberships.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, the supply of residential accommodation for students or school pupils is exempt from VAT. This means that qualifying educational institutions will be unable to recover any input VAT paid on expenses that are related to the supply of residential accommodation.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Would qualifying educational institutions need to register for VAT in the UAE?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions are required to register for VAT in the UAE if the value of their annual taxable turnover meets the mandatory registration threshold of AED 375,000. In calculating the value of taxable turnover, the value of standard rated and zero-rated supplied made by the qualifying educational institutions must be taken into account.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also apply for an exception to register for VAT in the UAE if they make wholly zero-rated supplies. If the application is approved, the educational institution will be exempted from any VAT obligations such as filing VAT returns. However, in doing so, educational institutions will be unable to recover any input VAT incurred on their expenses. In determining whether to apply for the exception to register for VAT, educational institutions should carefully assess the potential VAT compliance costs against the amount of recoverable input VAT.</p>\r\n\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"While the primary supply of most educational services is zero-rated in the UAE, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation would continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT issues</h3>\r\n<img class=\"wp-image-8218  alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/7.jpg\" alt=\"\" width=\"541\" height=\"341\" />\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What type of supplies are \"directly related\" to the provision of a zero-rated educational service?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">As noted above, a supply of goods or services made by educational institutions is treated as zero-rated where the supply is directly related to the provision of a zero-rated educational service. However, the UAE VAT Executive Regulations do not provide further guidance on what constitutes supplies which are \"directly related\" to the provision of a zero-rated educational service. This uncertainty will likely give rise to challenges in ascertaining the VAT treatment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For example, a qualifying educational institution provides music courses. As part of the course requirements, students of the institution are required to perform in a musical concert held at the institution. Only the students’ family members and friends who received a special invitation are allowed to attend the musical concert. The concert tickets are sold at a reduced fee to cover some of the costs of running the musical concert. Can the supply of the musical performances be treated as a supply \"directly related\" to the provision of an educational service?</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is arguable that the supply of the musical performance may be \"directly related\" to the provision of educational service considering that:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the principal supply of the qualifying educational institution is zero-rated educational service; and\\</li>\r\n 	<li dir=\"LTR\">the practical training arising from the supply of musical performances forms a necessary and essential part of the curriculum;</li>\r\n 	<li dir=\"LTR\">therefore, the supply of musical performances is ancillary to the principal supply; and</li>\r\n 	<li dir=\"LTR\">the musical concert is not in competition with any commercial enterprise and not generating additional profits.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">On the other hand, the supply of the musical performances may also be regarded as falling under the scope of the exception to the zero-rating rule, and therefore be subject to VAT at the standard rate. It can be contended that the musical performances are supplied to third parties, rather than the intended recipient of educational services, i.e., the students. Further, the supply of musical performances itself will generally be treated as standard rated if it was conducted in the course of business.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment of grants and sponsorships?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">It is common for the government or third parties to provide educational institutions with financial support such as grants or sponsorships. While the VAT legislation does not prescribe the VAT treatment of grants or sponsorships, the general principle is that if a monetary grant or sponsorship is freely given without receiving anything in return, the grant or sponsorship will not constitute consideration for any supply. Therefore, the grant or sponsorship would fall outside the scope of UAE VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Conversely, if the grantor or sponsor receives a benefit or something in return from the educational institution for the monetary grant or sponsorship, the grant or sponsorship may be subject to VAT. The benefit provided by the educational institution will be rated as a taxable supply and the educational institution will have to account for VAT on the benefit. Currently, determining what constitutes a benefit is a grey area. As such, it is open to question as to whether an inclusion of the sponsor in a list of supporters in a notice or naming a university building after the sponsor may be considered as benefits.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Final remarks</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Generally, the primary supply of most educational services is zero-rated in the UAE to the extent the educational services are provided in accordance with an accredited curriculum by qualifying educational institutions. Notwithstanding this, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation will continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions, in compliance with the current VAT legislation.</p>\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/tax/\">tax team</a> regularly advises on VAT and other tax matters. For further information, please contact <a href=\"https://www.tamimi.com/lawyer/shiraz-khan/\">Shiraz Khan</a> (<a href=\"mailto:s.khan@tamimi.com\">s.khan@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/janet-gooi/\">Janet Gooi</a> (<a href=\"mailto:j.gooi@tamimi.com\">j.gooi@tamimi.com</a>).</em>'),
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(299295, 28626, 'ReportText', '<p dir=\"LTR\" align=\"LEFT\">The <a href=\"https://www.tamimi.com/law-update-articles/getting-to-grips-with-vat-implementation/\">introduction of value added tax</a> (VAT) in the UAE and KSA raises complexities for education providers, even as both countries are now moving towards the eighth month since the implementation of VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we will examine the UAE VAT treatment of supplies made in the education sector and the VAT issues which arise in the industry.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT story so far in the Education Sector in the UAE</h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8217 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/6.jpg\" alt=\"\" width=\"570\" height=\"397\" /></h3>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment in the education sector?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of background, VAT is imposed at the standard rate of 5% on the taxable supply of most goods and services (unless the supply is zero-rated (0%) or exempt) made in the UAE by a taxable person for consideration in the course of conducting business in the UAE.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The main difference between standard rated, zero rated and exempt supplies is that input tax incurred in connection with standard rated or zero rated supplies is as a general rule recoverable (subject to the normal rules of input tax recovery). Conversely, input VAT incurred in connection with exempt supplies is not generally recoverable.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the UAE, the supply of educational services and related goods and services for nurseries, preschool, school education, and higher educational institutions owned or funded by Federal or local Government is subject to VAT at the zero-rate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For a supply of educational services to qualify for zero-rating, the following conditions prescribed under the UAE VAT Executive Regulations should be fulfilled:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the supply of educational services must be provided in accordance with a curriculum recognised by the federal/local competent government entity;</li>\r\n 	<li dir=\"LTR\">the supplier of the educational services is an educational institution which is accredited by the federal/local competent government entity; and</li>\r\n 	<li dir=\"LTR\">where the supplier of educational services is a higher education institution, the institution is either (i) owned by the federal or local government; or (ii) receiving at least 50% of its annual funding directly from the federal or local government.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also avail of the zero-rating treatment in respect of the following:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">a supply of goods or services that is directly related to the provision of a zero-rated educational service; and</li>\r\n 	<li dir=\"LTR\">printed and digital reading material which are related to the curriculum of an education.</li>\r\n</ul>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Are there any exceptions to the zero-rating rule?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Not all supplies made by qualifying educational institutions benefit from this zero-rating rule. The following supplies are specifically excluded from this treatment and will therefore be subject to VAT at the standard rate:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">goods and services supplied to persons who are not enrolled in the educational institution;</li>\r\n 	<li dir=\"LTR\">any goods other than educational materials provided by the educational institution;</li>\r\n 	<li dir=\"LTR\">uniforms or any other clothing required to be worn by the educational institution;</li>\r\n 	<li dir=\"LTR\">electronic devices in relation to educational services;</li>\r\n 	<li dir=\"LTR\">food and beverages at the educational institution;</li>\r\n 	<li dir=\"LTR\">recreational field trips;</li>\r\n 	<li dir=\"LTR\">extracurricular activities provided for an additional fee; and</li>\r\n 	<li dir=\"LTR\">student organisation memberships.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, the supply of residential accommodation for students or school pupils is exempt from VAT. This means that qualifying educational institutions will be unable to recover any input VAT paid on expenses that are related to the supply of residential accommodation.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Would qualifying educational institutions need to register for VAT in the UAE?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions are required to register for VAT in the UAE if the value of their annual taxable turnover meets the mandatory registration threshold of AED 375,000. In calculating the value of taxable turnover, the value of standard rated and zero-rated supplied made by the qualifying educational institutions must be taken into account.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also apply for an exception to register for VAT in the UAE if they make wholly zero-rated supplies. If the application is approved, the educational institution will be exempted from any VAT obligations such as filing VAT returns. However, in doing so, educational institutions will be unable to recover any input VAT incurred on their expenses. In determining whether to apply for the exception to register for VAT, educational institutions should carefully assess the potential VAT compliance costs against the amount of recoverable input VAT.</p>\r\n\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"While the primary supply of most educational services is zero-rated in the UAE, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation would continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT issues</h3>\r\n<img class=\"wp-image-8218  alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/7.jpg\" alt=\"\" width=\"541\" height=\"341\" />\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What type of supplies are \"directly related\" to the provision of a zero-rated educational service?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">As noted above, a supply of goods or services made by educational institutions is treated as zero-rated where the supply is directly related to the provision of a zero-rated educational service. However, the UAE VAT Executive Regulations do not provide further guidance on what constitutes supplies which are \"directly related\" to the provision of a zero-rated educational service. This uncertainty will likely give rise to challenges in ascertaining the VAT treatment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For example, a qualifying educational institution provides music courses. As part of the course requirements, students of the institution are required to perform in a musical concert held at the institution. Only the students’ family members and friends who received a special invitation are allowed to attend the musical concert. The concert tickets are sold at a reduced fee to cover some of the costs of running the musical concert. Can the supply of the musical performances be treated as a supply \"directly related\" to the provision of an educational service?</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is arguable that the supply of the musical performance may be \"directly related\" to the provision of educational service considering that:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the principal supply of the qualifying educational institution is zero-rated educational service; and\\</li>\r\n 	<li dir=\"LTR\">the practical training arising from the supply of musical performances forms a necessary and essential part of the curriculum;</li>\r\n 	<li dir=\"LTR\">therefore, the supply of musical performances is ancillary to the principal supply; and</li>\r\n 	<li dir=\"LTR\">the musical concert is not in competition with any commercial enterprise and not generating additional profits.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">On the other hand, the supply of the musical performances may also be regarded as falling under the scope of the exception to the zero-rating rule, and therefore be subject to VAT at the standard rate. It can be contended that the musical performances are supplied to third parties, rather than the intended recipient of educational services, i.e., the students. Further, the supply of musical performances itself will generally be treated as standard rated if it was conducted in the course of business.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment of grants and sponsorships?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">It is common for the government or third parties to provide educational institutions with financial support such as grants or sponsorships. While the VAT legislation does not prescribe the VAT treatment of grants or sponsorships, the general principle is that if a monetary grant or sponsorship is freely given without receiving anything in return, the grant or sponsorship will not constitute consideration for any supply. Therefore, the grant or sponsorship would fall outside the scope of UAE VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Conversely, if the grantor or sponsor receives a benefit or something in return from the educational institution for the monetary grant or sponsorship, the grant or sponsorship may be subject to VAT. The benefit provided by the educational institution will be rated as a taxable supply and the educational institution will have to account for VAT on the benefit. Currently, determining what constitutes a benefit is a grey area. As such, it is open to question as to whether an inclusion of the sponsor in a list of supporters in a notice or naming a university building after the sponsor may be considered as benefits.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Final remarks</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Generally, the primary supply of most educational services is zero-rated in the UAE to the extent the educational services are provided in accordance with an accredited curriculum by qualifying educational institutions. Notwithstanding this, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation will continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions, in compliance with the current VAT legislation.</p>\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/tax/\">tax team</a> regularly advises on VAT and other tax matters. For further information, please contact <a href=\"https://www.tamimi.com/lawyer/shiraz-khan/\">Shiraz Khan</a> (<a href=\"mailto:s.khan@tamimi.com\">s.khan@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/janet-gooi/\">Janet Gooi</a> (<a href=\"mailto:j.gooi@tamimi.com\">j.gooi@tamimi.com</a>).</em>|<p dir=\"LTR\" align=\"LEFT\">The <a href=\"https://www.tamimi.com/law-update-articles/getting-to-grips-with-vat-implementation/\">introduction of value added tax</a> (VAT) in the UAE and KSA raises complexities for education providers, even as both countries are now moving towards the eighth month since the implementation of VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In this article, we will examine the UAE VAT treatment of supplies made in the education sector and the VAT issues which arise in the industry.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT story so far in the Education Sector in the UAE</h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\"><img class=\"wp-image-8217 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/6.jpg\" alt=\"\" width=\"570\" height=\"397\" /></h3>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment in the education sector?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">By way of background, VAT is imposed at the standard rate of 5% on the taxable supply of most goods and services (unless the supply is zero-rated (0%) or exempt) made in the UAE by a taxable person for consideration in the course of conducting business in the UAE.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The main difference between standard rated, zero rated and exempt supplies is that input tax incurred in connection with standard rated or zero rated supplies is as a general rule recoverable (subject to the normal rules of input tax recovery). Conversely, input VAT incurred in connection with exempt supplies is not generally recoverable.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the UAE, the supply of educational services and related goods and services for nurseries, preschool, school education, and higher educational institutions owned or funded by Federal or local Government is subject to VAT at the zero-rate.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For a supply of educational services to qualify for zero-rating, the following conditions prescribed under the UAE VAT Executive Regulations should be fulfilled:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the supply of educational services must be provided in accordance with a curriculum recognised by the federal/local competent government entity;</li>\r\n 	<li dir=\"LTR\">the supplier of the educational services is an educational institution which is accredited by the federal/local competent government entity; and</li>\r\n 	<li dir=\"LTR\">where the supplier of educational services is a higher education institution, the institution is either (i) owned by the federal or local government; or (ii) receiving at least 50% of its annual funding directly from the federal or local government.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also avail of the zero-rating treatment in respect of the following:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">a supply of goods or services that is directly related to the provision of a zero-rated educational service; and</li>\r\n 	<li dir=\"LTR\">printed and digital reading material which are related to the curriculum of an education.</li>\r\n</ul>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Are there any exceptions to the zero-rating rule?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Not all supplies made by qualifying educational institutions benefit from this zero-rating rule. The following supplies are specifically excluded from this treatment and will therefore be subject to VAT at the standard rate:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">goods and services supplied to persons who are not enrolled in the educational institution;</li>\r\n 	<li dir=\"LTR\">any goods other than educational materials provided by the educational institution;</li>\r\n 	<li dir=\"LTR\">uniforms or any other clothing required to be worn by the educational institution;</li>\r\n 	<li dir=\"LTR\">electronic devices in relation to educational services;</li>\r\n 	<li dir=\"LTR\">food and beverages at the educational institution;</li>\r\n 	<li dir=\"LTR\">recreational field trips;</li>\r\n 	<li dir=\"LTR\">extracurricular activities provided for an additional fee; and</li>\r\n 	<li dir=\"LTR\">student organisation memberships.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">Additionally, the supply of residential accommodation for students or school pupils is exempt from VAT. This means that qualifying educational institutions will be unable to recover any input VAT paid on expenses that are related to the supply of residential accommodation.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Would qualifying educational institutions need to register for VAT in the UAE?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions are required to register for VAT in the UAE if the value of their annual taxable turnover meets the mandatory registration threshold of AED 375,000. In calculating the value of taxable turnover, the value of standard rated and zero-rated supplied made by the qualifying educational institutions must be taken into account.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Qualifying educational institutions may also apply for an exception to register for VAT in the UAE if they make wholly zero-rated supplies. If the application is approved, the educational institution will be exempted from any VAT obligations such as filing VAT returns. However, in doing so, educational institutions will be unable to recover any input VAT incurred on their expenses. In determining whether to apply for the exception to register for VAT, educational institutions should carefully assess the potential VAT compliance costs against the amount of recoverable input VAT.</p>\r\n\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"While the primary supply of most educational services is zero-rated in the UAE, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation would continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions.\"</h2>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">The VAT issues</h3>\r\n<img class=\"wp-image-8218 alignright\" src=\"https://www.tamimi.com/wp-content/uploads/2018/09/7.jpg\" alt=\"\" width=\"541\" height=\"341\" />\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What type of supplies are \"directly related\" to the provision of a zero-rated educational service?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">As noted above, a supply of goods or services made by educational institutions is treated as zero-rated where the supply is directly related to the provision of a zero-rated educational service. However, the UAE VAT Executive Regulations do not provide further guidance on what constitutes supplies which are \"directly related\" to the provision of a zero-rated educational service. This uncertainty will likely give rise to challenges in ascertaining the VAT treatment.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">For example, a qualifying educational institution provides music courses. As part of the course requirements, students of the institution are required to perform in a musical concert held at the institution. Only the students’ family members and friends who received a special invitation are allowed to attend the musical concert. The concert tickets are sold at a reduced fee to cover some of the costs of running the musical concert. Can the supply of the musical performances be treated as a supply \"directly related\" to the provision of an educational service?</p>\r\n<p dir=\"LTR\" align=\"LEFT\">It is arguable that the supply of the musical performance may be \"directly related\" to the provision of educational service considering that:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">the principal supply of the qualifying educational institution is zero-rated educational service; and\\</li>\r\n 	<li dir=\"LTR\">the practical training arising from the supply of musical performances forms a necessary and essential part of the curriculum;</li>\r\n 	<li dir=\"LTR\">therefore, the supply of musical performances is ancillary to the principal supply; and</li>\r\n 	<li dir=\"LTR\">the musical concert is not in competition with any commercial enterprise and not generating additional profits.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\">On the other hand, the supply of the musical performances may also be regarded as falling under the scope of the exception to the zero-rating rule, and therefore be subject to VAT at the standard rate. It can be contended that the musical performances are supplied to third parties, rather than the intended recipient of educational services, i.e., the students. Further, the supply of musical performances itself will generally be treated as standard rated if it was conducted in the course of business.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>What is the VAT treatment of grants and sponsorships?</em></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">It is common for the government or third parties to provide educational institutions with financial support such as grants or sponsorships. While the VAT legislation does not prescribe the VAT treatment of grants or sponsorships, the general principle is that if a monetary grant or sponsorship is freely given without receiving anything in return, the grant or sponsorship will not constitute consideration for any supply. Therefore, the grant or sponsorship would fall outside the scope of UAE VAT.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Conversely, if the grantor or sponsor receives a benefit or something in return from the educational institution for the monetary grant or sponsorship, the grant or sponsorship may be subject to VAT. The benefit provided by the educational institution will be rated as a taxable supply and the educational institution will have to account for VAT on the benefit. Currently, determining what constitutes a benefit is a grey area. As such, it is open to question as to whether an inclusion of the sponsor in a list of supporters in a notice or naming a university building after the sponsor may be considered as benefits.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Final remarks</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Generally, the primary supply of most educational services is zero-rated in the UAE to the extent the educational services are provided in accordance with an accredited curriculum by qualifying educational institutions. Notwithstanding this, the VAT treatment of some activities may not always be straightforward. Given that the VAT regime is still in its early stages of implementation, it is expected that the VAT legislation will continue to evolve. Educational institutions should continuously ensure that the correct VAT treatment is applied to all of its transactions, in compliance with the current VAT legislation.</p>\r\n<em>Al Tamimi &amp; Company’s <a href=\"https://www.tamimi.com/practice/tax/\">tax team</a> regularly advises on VAT and other tax matters. For further information, please contact <a href=\"https://www.tamimi.com/lawyer/shiraz-khan/\">Shiraz Khan</a> (<a href=\"mailto:s.khan@tamimi.com\">s.khan@tamimi.com</a>) or <a href=\"https://www.tamimi.com/lawyer/janet-gooi/\">Janet Gooi</a> (<a href=\"mailto:j.gooi@tamimi.com\">j.gooi@tamimi.com</a>).</em>'),
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(299347, 28630, 'MetaValueNew', '<p dir=\"LTR\" align=\"LEFT\">Collaborating with a land owner, ground lease owner or developer (\"Landlords\") to lease a ‘build to suit’ school or other educational facility is becoming an increasingly popular means for educational facility operators (\"Tenants\") to meet their premises requirements in the UAE and broader region.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">What is a build to suit arrangement?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In simple terms, a build to suit arrangement comprises the following elements:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">a Landlord who is prepared to undertake the construction of the educational facility provided they have a long term Tenant;</li>\r\n 	<li dir=\"LTR\">a Tenant being a school or other educational institution provider who wishes to enter into a long term lease of an educational facility; and</li>\r\n 	<li dir=\"LTR\">in many instances financial institutions who may be prepared to finance the Landlord in constructing the educational facility on the basis that, once built, the Landlord will have the revenue streams under the long term lease.</li>\r\n</ul>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Why build to suit?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Private school operators or other educational institutions would prefer not to undertake the significant capital outlay required to acquire an interest in land and construct their own premises.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition, developers and other investors have an appetite for singly owned and tenanted real estate assets with tenants who will take over the full operation and maintenance of the facility.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Part of what makes build to suit arrangements so attractive, is that they are inherently flexible in their scope and structure. Parties can readily adapt the commercial arrangement to reach a mutually agreeable position on both the development and leasing aspects.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The pre-leasing aspect may also enable the Landlord to obtain finance for the project.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, completing an education facility on a build to suit basis represents a win-win for operators, developers and investors. That said to avoid disputes arising at a later stage, build-to-suit projects can present a number of complexities that warrant careful consideration prior to entering into the relevant contractual documentation.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">What are the key legal elements of a build to suit transaction?</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">While a detailed discussion of the issues and risk points is beyond the scope of this article, the following discussion points provide a high-level overview of the key legal elements to consider in a build to suit transaction:</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Due diligence on the land plot</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The parties should ensure that the land is appropriate for the proposed development. This may include considerations such as: ensuring the plot has appropriate planning and other regulatory approvals; ensuring the physical layout of the plot is suitable for the proposed designs; ensuring proximity to necessary infrastructure and utilities; confirming sufficient permitted GFA; licensing and free zone considerations; and other operational and design issues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a commercial perspective, the location of the plot will also be important, as patrons of a school or other educational facility will generally want this to be proximate to or easily accessible from their residence. Competitor schools in or planned for the locality may also be a consideration.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Scope of works</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">A lack of clarity in the scope of the works is one of the key issues giving rise to disputes. As the rent and other obligations are often struck based on what the owner is expecting to deliver and what the tenant is expecting to receive (and the associated costs), aligning the parties expectations is key to minimising risk.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">To mitigate this risk, the parties should develop a clear scope of work at the outset. The parties should consider what plant and equipment is included in the scope of work, and whether the premises will be delivered in \"turn-key\" condition with all fit out installed as well as the extent to which equipment, furniture is included.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the context of a school or other educational facility, the design may have to meet the requirements of the regulators such as the Dubai Knowledge and Human Development Authority. In addition, many operators will have their own design requirements. It is recommended that, unless the Tenant has such capabilities in-house, the Tenant engage suitable consultants to prepare a detailed technical brief addressing such matters as design requirements, structural loads, utility capacities and regulatory requirements. The detailed technical brief should be attached to the final agreement giving clarity to both the Landlord and Tenant as to key specifications required.</p>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"Part of what makes build to suit arrangements so attractive, is that they are inherently flexible in their scope and structure. Parties can readily adapt the commercial arrangement to reach a mutually agreeable position on both the development and leasing aspects.\"</h2>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Milestones and longstop dates</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Will the owner be required to achieve completion of stages of the relevant works by milestone dates, or to procure completion of the project prior to a longstop date? If one or both of these requirements apply, what are the consequences of the Landlord failing to adhere to the relevant dates? Are delay damages payable, or does failure to meet milestone or long stop dates give rise to a right for the Tenant to terminate the agreements?</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In education projects, the date of completion can be critical as failure to achieve completion by a certain date could result in missing the window for enrolments for an entire year.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Calculation of rent</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">How will the rent payable under the lease be determined? Considerations may include whether there will there be a base/ground rent component payable for the land.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where the rent (or a component of the rent) is to be calculated against the project costs incurred by the owner, what costs are included/excluded for the purpose of making that calculation? Examples of common exclusions are the owner’s cost of acquiring the land (if applicable), the owner’s cost of financing the construction and the cost of delivering infrastructure to the boundary of the plot.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where the rent is calculated with reference to the project costs or by some other methodology, the Tenant will be concerned to ensure that there is a cap on its liability. The Tenant may also require that the project costs be certified by an independent cost consultant.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Often the rent is discounted at the beginning of the term with such discounts amortised over the remainder of the term. This practice recognises that it takes some time for the school or other educational facility to attract students and therefore improves the Tenant’s cash flows until such time as the school or other educational facility is established in the market.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Appointment of contractors</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">How will the consultants and contractors undertaking the designs and works be appointed? Will mutual agreement be required? One option is for the parties to agree a short-list or pre-agree contractors and consultants whom the owner may engage. Alternatively, will there be a tender process and if yes, how will that be conducted and what role will the Tenant play in selecting the preferred tender? Will the Tenant have the right to approve the terms of the third party contracts?</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Development of detailed designs and construction drawings</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Ideally, detailed designs and specifications would be developed and attached to the contractual documents. However, often the project design is not finalised at the time when contractual documents are entered into. In those circumstances, the parties must agree on the mechanism for setting the final design requirements on which the project will be undertaken.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Variations</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Issues to consider include whether variations (by the Landlord, Tenant or both parties) will be permitted once the final designs and specifications are settled. If variations are permitted, what parameters or processes will apply to determine whether the variation will be implemented and on what grounds may a variation be refused (and the grounds of refusal may differ depending on which party is approving the variation). For example, where a variation would result in a material delay to the works program or result in a material increase in project costs, one party may be entitled to withhold its approval.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Retention of a specialist consultant by the tenant</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Unless the Tenant retains specialist architects and/or engineers in house, it is recommended that the Tenant obtain its own architectural and/or engineering consulting firm throughout the design, construction and handover phases of the project. The Tenant’s consultant may assist with the following tasks:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">ensuring the design brief meets the Tenant’s and any regulator’s requirements;</li>\r\n 	<li dir=\"LTR\">where permitted under the contractual documentation, consulting with the Landlord on the appointment of any contractor or sub-contractor;</li>\r\n 	<li dir=\"LTR\">supervising the contractor and sub-contractors to ensure they are meeting the design brief;</li>\r\n 	<li dir=\"LTR\">assessing any requests from the Landlord or the Tenant to make variations and evaluating the cost of such variations;</li>\r\n 	<li dir=\"LTR\">cost consulting; and</li>\r\n 	<li dir=\"LTR\">assessing whether milestones are met and whether the school is ready for handover.</li>\r\n</ul>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Independent Experts</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If disputes arise during the process, this could lead to delays in completing or the handover of the project, particularly where the disputes may be of a technical nature.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Whilst each party having its own consultant engaged may reduce the likelihood of disputes, it will not remove the risk completely as it remains possible that the respective parties’ consultants will disagree.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In these circumstances, it can be useful to have an independent consultant appointed to mediate and determine such disputes as an expert.</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Documentation</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Transaction documents from a Tenant’s perspective would typically include an agreement to lease and the occupational lease. Where acting for the Landlord, ground lease, financing, construction and development management documentation may be required.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The terms of the occupational lease are often critical, particularly given that the parties generally require a long-term arrangement. The parties should accordingly consider carefully the maintaining and repairing obligations and obligations for other outgoings, taxation issues, rent reviews, reinstatement obligations and insurance as well as the other usual Landlord and Tenant considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Obligations in relation to registration of leases and any resulting registration fees should also be considered.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Build to suit arrangements are not the only option for private school or educational institutions when setting up operations however they provide a useful option from, both the Landlord’s and the educational institutions perspective.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Readers will appreciate that there are a large number of issues to be considered prior to entering into build to suit projects and the above snapshot is by no means exhaustive. However, ensuring that the parties have a clear understanding and agreed position on these types of issues goes a long way to ensuring a successful project.</p>\r\n\r\n<em>Al Tamimi &amp; Company’s, <a href=\"https://www.tamimi.com/lawyer/jeremy-scott/\">Jeremy Scott</a>, regularly advises on various <a href=\"https://www.tamimi.com/practice/real-estate/\">real estate matters</a> in the UAE and other countries in the GCC. For further information please contact Jeremy Scott (<a href=\"mailto:j.scott@tamimi.com\">j.scott@tamimi.com</a>).</em>'),
(299348, 28630, 'MetaValueOld', '<p dir=\"LTR\" align=\"LEFT\">Collaborating with a land owner, ground lease owner or developer (\"Landlords\") to lease a ‘build to suit’ school or other educational facility is becoming an increasingly popular means for educational facility operators (\"Tenants\") to meet their premises requirements in the UAE and broader region.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">What is a build to suit arrangement?</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">In simple terms, a build to suit arrangement comprises the following elements:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">a Landlord who is prepared to undertake the construction of the educational facility provided they have a long term Tenant;</li>\r\n 	<li dir=\"LTR\">a Tenant being a school or other educational institution provider who wishes to enter into a long term lease of an educational facility; and</li>\r\n 	<li dir=\"LTR\">in many instances financial institutions who may be prepared to finance the Landlord in constructing the educational facility on the basis that, once built, the Landlord will have the revenue streams under the long term lease.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">Why build to suit?</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Private school operators or other educational institutions would prefer not to undertake the significant capital outlay required to acquire an interest in land and construct their own premises.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In addition, developers and other investors have an appetite for singly owned and tenanted real estate assets with tenants who will take over the full operation and maintenance of the facility.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Part of what makes build to suit arrangements so attractive, is that they are inherently flexible in their scope and structure. Parties can readily adapt the commercial arrangement to reach a mutually agreeable position on both the development and leasing aspects.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The pre-leasing aspect may also enable the Landlord to obtain finance for the project.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Accordingly, completing an education facility on a build to suit basis represents a win-win for operators, developers and investors. That said to avoid disputes arising at a later stage, build-to-suit projects can present a number of complexities that warrant careful consideration prior to entering into the relevant contractual documentation.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\">What are the key legal elements of a build to suit transaction?</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">While a detailed discussion of the issues and risk points is beyond the scope of this article, the following discussion points provide a high-level overview of the key legal elements to consider in a build to suit transaction:</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Due diligence on the land plot</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">The parties should ensure that the land is appropriate for the proposed development. This may include considerations such as: ensuring the plot has appropriate planning and other regulatory approvals; ensuring the physical layout of the plot is suitable for the proposed designs; ensuring proximity to necessary infrastructure and utilities; confirming sufficient permitted GFA; licensing and free zone considerations; and other operational and design issues.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">From a commercial perspective, the location of the plot will also be important, as patrons of a school or other educational facility will generally want this to be proximate to or easily accessible from their residence. Competitor schools in or planned for the locality may also be a consideration.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Scope of works</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">A lack of clarity in the scope of the works is one of the key issues giving rise to disputes. As the rent and other obligations are often struck based on what the owner is expecting to deliver and what the tenant is expecting to receive (and the associated costs), aligning the parties expectations is key to minimising risk.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">To mitigate this risk, the parties should develop a clear scope of work at the outset. The parties should consider what plant and equipment is included in the scope of work, and whether the premises will be delivered in \"turn-key\" condition with all fit out installed as well as the extent to which equipment, furniture is included.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In the context of a school or other educational facility, the design may have to meet the requirements of the regulators such as the Dubai Knowledge and Human Development Authority. In addition, many operators will have their own design requirements. It is recommended that, unless the Tenant has such capabilities in-house, the Tenant engage suitable consultants to prepare a detailed technical brief addressing such matters as design requirements, structural loads, utility capacities and regulatory requirements. The detailed technical brief should be attached to the final agreement giving clarity to both the Landlord and Tenant as to key specifications required.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<h2 dir=\"LTR\" align=\"LEFT\">\"Part of what makes build to suit arrangements so attractive, is that they are inherently flexible in their scope and structure. Parties can readily adapt the commercial arrangement to reach a mutually agreeable position on both the development and leasing aspects.\"</h2>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Milestones and longstop dates</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Will the owner be required to achieve completion of stages of the relevant works by milestone dates, or to procure completion of the project prior to a longstop date? If one or both of these requirements apply, what are the consequences of the Landlord failing to adhere to the relevant dates? Are delay damages payable, or does failure to meet milestone or long stop dates give rise to a right for the Tenant to terminate the agreements?</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In education projects, the date of completion can be critical as failure to achieve completion by a certain date could result in missing the window for enrolments for an entire year.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Calculation of rent</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">How will the rent payable under the lease be determined? Considerations may include whether there will there be a base/ground rent component payable for the land.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where the rent (or a component of the rent) is to be calculated against the project costs incurred by the owner, what costs are included/excluded for the purpose of making that calculation? Examples of common exclusions are the owner’s cost of acquiring the land (if applicable), the owner’s cost of financing the construction and the cost of delivering infrastructure to the boundary of the plot.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Where the rent is calculated with reference to the project costs or by some other methodology, the Tenant will be concerned to ensure that there is a cap on its liability. The Tenant may also require that the project costs be certified by an independent cost consultant.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Often the rent is discounted at the beginning of the term with such discounts amortised over the remainder of the term. This practice recognises that it takes some time for the school or other educational facility to attract students and therefore improves the Tenant’s cash flows until such time as the school or other educational facility is established in the market.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Appointment of contractors</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">How will the consultants and contractors undertaking the designs and works be appointed? Will mutual agreement be required? One option is for the parties to agree a short-list or pre-agree contractors and consultants whom the owner may engage. Alternatively, will there be a tender process and if yes, how will that be conducted and what role will the Tenant play in selecting the preferred tender? Will the Tenant have the right to approve the terms of the third party contracts?</p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Development of detailed designs and construction drawings</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Ideally, detailed designs and specifications would be developed and attached to the contractual documents. However, often the project design is not finalised at the time when contractual documents are entered into. In those circumstances, the parties must agree on the mechanism for setting the final design requirements on which the project will be undertaken.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Variations</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Issues to consider include whether variations (by the Landlord, Tenant or both parties) will be permitted once the final designs and specifications are settled. If variations are permitted, what parameters or processes will apply to determine whether the variation will be implemented and on what grounds may a variation be refused (and the grounds of refusal may differ depending on which party is approving the variation). For example, where a variation would result in a material delay to the works program or result in a material increase in project costs, one party may be entitled to withhold its approval.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Retention of a specialist consultant by the tenant</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Unless the Tenant retains specialist architects and/or engineers in house, it is recommended that the Tenant obtain its own architectural and/or engineering consulting firm throughout the design, construction and handover phases of the project. The Tenant’s consultant may assist with the following tasks:</p>\r\n\r\n<ul>\r\n 	<li dir=\"LTR\">ensuring the design brief meets the Tenant’s and any regulator’s requirements;</li>\r\n 	<li dir=\"LTR\">where permitted under the contractual documentation, consulting with the Landlord on the appointment of any contractor or sub-contractor;</li>\r\n 	<li dir=\"LTR\">supervising the contractor and sub-contractors to ensure they are meeting the design brief;</li>\r\n 	<li dir=\"LTR\">assessing any requests from the Landlord or the Tenant to make variations and evaluating the cost of such variations;</li>\r\n 	<li dir=\"LTR\">cost consulting; and</li>\r\n 	<li dir=\"LTR\">assessing whether milestones are met and whether the school is ready for handover.</li>\r\n</ul>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Independent Experts</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">If disputes arise during the process, this could lead to delays in completing or the handover of the project, particularly where the disputes may be of a technical nature.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Whilst each party having its own consultant engaged may reduce the likelihood of disputes, it will not remove the risk completely as it remains possible that the respective parties’ consultants will disagree.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">In these circumstances, it can be useful to have an independent consultant appointed to mediate and determine such disputes as an expert.</p>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\"><em>Documentation</em></p>\r\n<p dir=\"LTR\" align=\"LEFT\">Transaction documents from a Tenant’s perspective would typically include an agreement to lease and the occupational lease. Where acting for the Landlord, ground lease, financing, construction and development management documentation may be required.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">The terms of the occupational lease are often critical, particularly given that the parties generally require a long-term arrangement. The parties should accordingly consider carefully the maintaining and repairing obligations and obligations for other outgoings, taxation issues, rent reviews, reinstatement obligations and insurance as well as the other usual Landlord and Tenant considerations.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Obligations in relation to registration of leases and any resulting registration fees should also be considered.</p>\r\n&nbsp;\r\n<h3 dir=\"LTR\" align=\"LEFT\"></h3>\r\n<h3 dir=\"LTR\" align=\"LEFT\">Conclusion</h3>\r\n<p dir=\"LTR\" align=\"LEFT\"></p>\r\n&nbsp;\r\n<p dir=\"LTR\" align=\"LEFT\">Build to suit arrangements are not the only option for private school or educational institutions when setting up operations however they provide a useful option from, both the Landlord’s and the educational institutions perspective.</p>\r\n<p dir=\"LTR\" align=\"LEFT\">Readers will appreciate that there are a large number of issues to be considered prior to entering into build to suit projects and the above snapshot is by no means exhaustive. However, ensuring that the parties have a clear understanding and agreed position on these types of issues goes a long way to ensuring a successful project.</p>\r\n&nbsp;\r\n<em>Al Tamimi &amp; Company’s, <a href=\"https://www.tamimi.com/lawyer/jeremy-scott/\">Jeremy Scott</a>, regularly advises on various <a href=\"https://www.tamimi.com/practice/real-estate/\">real estate matters</a> in the UAE and other countries in the GCC. For further information please contact Jeremy Scott (<a href=\"mailto:j.scott@tamimi.com\">j.scott@tamimi.com</a>).</em>'),
(299349, 28630, 'MetaLink', 'content'),
(299350, 28630, 'EditorLinkPost', 'https://www.tamimi.com/wp-admin/post.php?post=8198&amp;action=edit');
