The UAE's new commercial agencies law further strengthens its position as a prime destination for leading regional and international trademarks, the ministry of economy said. Reuters
The UAE's new commercial agencies law further strengthens its position as a prime destination for leading regional and international trademarks, the ministry of economy said. Reuters
The UAE's new commercial agencies law further strengthens its position as a prime destination for leading regional and international trademarks, the ministry of economy said. Reuters
The UAE's new commercial agencies law further strengthens its position as a prime destination for leading regional and international trademarks, the ministry of economy said. Reuters

UAE's commercial agencies law to come into effect on June 16


Deena Kamel
  • English
  • Arabic

The UAE's new commercial agencies' law will come into effect on June 16, further boosting the competitiveness and attractiveness of the country's business environment, the Ministry of Economy said.

The Federal Decree Law No. (3) of 2022 on regulating commercial agencies replaces the previous 40-year-long legislation, Abdulla Al Saleh, undersecretary of the Foreign Trade and Industry at the UAE Ministry of Economy, said at a press conference on Wednesday in Dubai.

The new law aims to “strengthen the growth of the commercial agencies sector, diversify its activities, boost its economic performance and increase its contribution to the country's gross domestic product”, Mr Al Saleh said.

The law helps to create a business environment that is favourable for increasing national investments and foreign direct investment (FDI), while ensuring that consumers get high-quality products, he said.

The Arab world's second-biggest economy has implemented an array of reforms aimed at improving the ease of doing business, attracting foreign investors, creating jobs and diversifying its economy away from oil.

The UAE has allowed 100 per cent foreign ownership of companies, reduced visa restrictions, provided various incentives for small and medium enterprises and introduced laws to improve transparency for investors.

The UAE is ranked 16th in the World Bank's Doing Business 2020 report. It scored 80.9 out of 100 for ease of doing business and was the strongest performer overall in the Middle East and North Africa region, according to the last report by the Washington-based lender.

Doing business in the commercial agencies sector will be exclusive to UAE citizens, creating for them an encouraging environment to establish new commercial and investment projects, according to the ministry.

In addition, public joint-stock companies with at least 51 per cent of national capital contribution will be allowed to act as commercial agents.

Any international company under certain conditions and with the approval of the UAE Cabinet will be allowed to act as a commercial agent for its own products, the ministry said.

The ministry also outlined the termination provisions of the agency contract under the law. The termination provisions of the agency contracts will be applied after two years for existing agency contracts.

For contracts with more than 10 years since they were registered or where the size of the agent's investment exceeded Dh100 million, they have a further 10 years to terminate the contract, thereby “protecting stability and national investments in this vital sector”, the ministry said.

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Ten tax points to be aware of in 2026

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. 

8. Pillar 2 implementation 

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.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

ULTRA PROCESSED FOODS

- Carbonated drinks, sweet or savoury packaged snacks, confectionery, mass-produced packaged breads and buns 

- Margarines and spreads; cookies, biscuits, pastries, cakes, and cake mixes, breakfast cereals, cereal and energy bars

- Energy drinks, milk drinks, fruit yoghurts and fruit drinks, cocoa drinks, meat and chicken extracts and instant sauces

- Infant formulas and follow-on milks, health and slimming products such as powdered or fortified meal and dish substitutes

- Many ready-to-heat products including pre-prepared pies and pasta and pizza dishes, poultry and fish nuggets and sticks, sausages, burgers, hot dogs, and other reconstituted meat products, powdered and packaged instant soups, noodles and desserts

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Updated: January 25, 2023, 2:36 PM