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


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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.

Why it pays to compare

A comparison of sending Dh20,000 from the UAE using two different routes at the same time - the first direct from a UAE bank to a bank in Germany, and the second from the same UAE bank via an online platform to Germany - found key differences in cost and speed. The transfers were both initiated on January 30.

Route 1: bank transfer

The UAE bank charged Dh152.25 for the Dh20,000 transfer. On top of that, their exchange rate margin added a difference of around Dh415, compared with the mid-market rate.

Total cost: Dh567.25 - around 2.9 per cent of the total amount

Total received: €4,670.30 

Route 2: online platform

The UAE bank’s charge for sending Dh20,000 to a UK dirham-denominated account was Dh2.10. The exchange rate margin cost was Dh60, plus a Dh12 fee.

Total cost: Dh74.10, around 0.4 per cent of the transaction

Total received: €4,756

The UAE bank transfer was far quicker – around two to three working days, while the online platform took around four to five days, but was considerably cheaper. In the online platform transfer, the funds were also exposed to currency risk during the period it took for them to arrive.

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Fixtures

Tuesday - 5.15pm: Team Lebanon v Alger Corsaires; 8.30pm: Abu Dhabi Storms v Pharaohs

Wednesday - 5.15pm: Pharaohs v Carthage Eagles; 8.30pm: Alger Corsaires v Abu Dhabi Storms

Thursday - 4.30pm: Team Lebanon v Pharaohs; 7.30pm: Abu Dhabi Storms v Carthage Eagles

Friday - 4.30pm: Pharaohs v Alger Corsaires; 7.30pm: Carthage Eagles v Team Lebanon

Saturday - 4.30pm: Carthage Eagles v Alger Corsaires; 7.30pm: Abu Dhabi Storms v Team Lebanon

MATCH INFO

Euro 2020 qualifier

Fixture: Liechtenstein v Italy, Tuesday, 10.45pm (UAE)

TV: Match is shown on BeIN Sports

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

Updated: February 17, 2022, 12:09 PM