London's High Court is hearing a case about international transfers from Lebanon. AP
London's High Court is hearing a case about international transfers from Lebanon. AP
London's High Court is hearing a case about international transfers from Lebanon. AP
London's High Court is hearing a case about international transfers from Lebanon. AP

UK businessman fights Lebanese banks over $4.6m transfer block


  • English
  • Arabic

A British-Lebanese businessman is suing two banks who refused to transfer $4.6 million out of Lebanon following the 2019 economic crisis.

Vatche Manoukian, 42, repeatedly asked SGBL (Societe Generale de Banque au Liban) and Bank Audi to transfer money to a Swiss account from 2019 but the two lenders refused, citing informal capital controls imposed by the country’s central bank.

Mr Manoukian is demanding the return of the $3.4m held in SGBL and the $1.2m held in Bank Audi, plus damages and interest. The banks are contesting the claims.

The case comes after a French court ordered another Lebanese bank, Saradar, to pay $2.8m to one of its clients in France last year in the first known international ruling against Lebanese banks over the capital controls.

Mr Manoukian’s claim is a rare case being heard in London, which has been brought under EU consumer legislation that was in place before Brexit. The case has been fast-tracked at the High Court because of the deteriorating financial situation in Lebanon.

Lebanon's financial system collapsed in 2019 after years of unsustainable financial policies, and banks imposed tight controls on accounts, including a de facto ban on withdrawals of dollar-denominated deposits and limits on withdrawals in the local currency.

These controls were never formalised with legislation and have been challenged in local and international courts by savers who have sought to take out their money promptly in hard currency, rather than in the Lebanese pound, which has lost more than 90 per cent of its value in two years.

The crisis has been exacerbated by the Covid-19 pandemic, the catastrophic blast that occurred in Beirut port in August 2020 and civil unrest, and the banks say they have suffered “extraordinarily difficult” economic conditions.

“While it is correct … that Lebanon is suffering from an economic crisis, that does not negate the requirement for the banks … to comply with their obligations,” said lawyers for Mr Manoukian.

Mr Manoukian said that guidance from the central bank did not amount to a ban and there was “no law that prohibits the banks from paying Mr Manoukian, and, indeed, the banks have paid out vast sums of money in international transfers when it has suited them”.

His lawyers said the shareholders of the two banks enjoyed profits in the good times but have not used their substantial resources to avoid making it “time-consuming and extremely expensive for consumers to recover the monies to which they are entitled”.

Lawyers for the two banks argued they were in within their rights to refuse Mr Manoukian’s requests for international transfers.

“The banks say in particular that they were entitled to refuse to comply with the requests given the circumstances of Lebanon’s ongoing financial crisis,” the banks said.

The hearings are expected to conclude next week with a judgment at a later date.

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1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

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Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

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Zakat: an Arabic word meaning ‘to cleanse’ or ‘purification’.

Nisab: the minimum amount that a Muslim must have before being obliged to pay zakat. Traditionally, the nisab threshold was 87.48 grams of gold, or 612.36 grams of silver. The monetary value of the nisab therefore varies by current prices and currencies.

Zakat Al Mal: the ‘cleansing’ of wealth, as one of the five pillars of Islam; a spiritual duty for all Muslims meeting the ‘nisab’ wealth criteria in a lunar year, to pay 2.5 per cent of their wealth in alms to the deserving and needy.

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Updated: February 17, 2022, 12:09 PM