Ajay and Atul Gupta in 2011. The two men, along with their brother Rajesh, are wanted on charges of corruption in South Africa. Getty
Ajay and Atul Gupta in 2011. The two men, along with their brother Rajesh, are wanted on charges of corruption in South Africa. Getty
Ajay and Atul Gupta in 2011. The two men, along with their brother Rajesh, are wanted on charges of corruption in South Africa. Getty
Ajay and Atul Gupta in 2011. The two men, along with their brother Rajesh, are wanted on charges of corruption in South Africa. Getty


A bad week for suspected financial criminals in the UAE


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June 08, 2022

Indian-born brothers Atul and Rajesh Gupta are accused by South Africa of grave crimes. It is alleged that the two used their close ties with former president Jacob Zuma to loot billions of rand in state funds. They are also accused of influencing Cabinet appointments. South African authorities accuse the Gup­tas, once ranked among the country’s most prominent businessmen, of being at the centre of a web of state corruption during Mr Zuma’s rule, during which the government estimates that more than 500 billion rand ($32.3bn) was stolen from its coffers.

Yesterday, the pair were arrested by Dubai police, who also announced that the process of extraditing them to South Africa was under way. If they are found guilty in the country from which they allegedly stole so much, it would be a significant international legal victory, too.

So would the prosecution of British financial trader Sanjay Shah, now one step closer after a collaboration between the UAE and Denmark, leading to his arrest and upcoming extradition. Mr Shah has been accused of being a key player in a $1.7bn tax refund scheme running between 2012 to 2015 that is alleged to have defrauded Denmark.

Securing the arrests of these parties within days of each other represents a significant development in its process to battle the huge global toll of financial crime. The UN estimates that globally as much as $2 trillion of dirty money is concealed from authorities every year.

  • Residential villas on the waterside of the Emirates Hills district. The brothers spent tens of millions on luxury property and decor. Christopher Pike / Bloomberg
    Residential villas on the waterside of the Emirates Hills district. The brothers spent tens of millions on luxury property and decor. Christopher Pike / Bloomberg
  • Villas in Emirates Hills can sell for millions or even tens of millions of dollars. Sarah Dea / The National
    Villas in Emirates Hills can sell for millions or even tens of millions of dollars. Sarah Dea / The National
  • Rajesh Gupta and Atul Gupta at an African National Congress (ANC) event in December 2012. Simphiwe Nkwali / Sunday Times / Getty Images
    Rajesh Gupta and Atul Gupta at an African National Congress (ANC) event in December 2012. Simphiwe Nkwali / Sunday Times / Getty Images
  • Last year, a group of people held protests in Pretoria, South Africa, calling for the Guptas to face justice. Getty Images
    Last year, a group of people held protests in Pretoria, South Africa, calling for the Guptas to face justice. Getty Images
  • Protesters hold placards outside Bloemfontein Regional Court where people, who were arrested after armed police raided the luxury home of the Gupta family, were due to appear in February 2018. Reuters
    Protesters hold placards outside Bloemfontein Regional Court where people, who were arrested after armed police raided the luxury home of the Gupta family, were due to appear in February 2018. Reuters
  • South African law enforcement agencies arrive to search the Gupta family compound in April 2018 in Johannesburg. AFP
    South African law enforcement agencies arrive to search the Gupta family compound in April 2018 in Johannesburg. AFP
  • Employees and contractors of the Optimum Coal Mine in Hendrina, owned by the controversial Gupta family, demonstrate in front of the gates of the mine in Hendrina, South Africa, in 2018. AFP
    Employees and contractors of the Optimum Coal Mine in Hendrina, owned by the controversial Gupta family, demonstrate in front of the gates of the mine in Hendrina, South Africa, in 2018. AFP
  • A demonstrator holds a placard that reads 'Guptas - stop gambling with our lives' outside the mine. AFP
    A demonstrator holds a placard that reads 'Guptas - stop gambling with our lives' outside the mine. AFP
  • A group of civil society activists protest outside the Gupta compound in Johannesburg's suburb of Saxonwold in April 2017, amid growing concern about the brothers' alleged involvement in state capture. AFP
    A group of civil society activists protest outside the Gupta compound in Johannesburg's suburb of Saxonwold in April 2017, amid growing concern about the brothers' alleged involvement in state capture. AFP
  • Sahara Computers headquarters, owned by the Gupta family, in Midrand, Johannesburg. Reuters
    Sahara Computers headquarters, owned by the Gupta family, in Midrand, Johannesburg. Reuters

This is a drain that the world cannot afford, particularly now. Covid-19 and a host of other economic vulnerabilities are putting a strain on all countries. The challenge is inevitably global. Organisations such as Interpol and the Financial Action Task Force (FATF), the global watchdog on financial crime, put multilateral collaboration at the heart of their operations. The UAE is working with the latter after the country was put under increased monitoring. At the time, Minister of State Ahmed Al Sayegh said FATF was focusing on “effectiveness”. “Effectiveness, by definition, means evidence submitted over time,” he said.

Effectiveness is what this week has shown. International victories demonstrate that collaboration works.

In recent years the UAE has been doing its part to fight back. Like all global financial hubs, authorities have to strike the balance between creating open economies conducive to business and investment and dissuading some of the cleverest criminals around from taking advantage of this openness. In 2021, the UAE and South Africa ratified an extradition treaty. In March 2022, the UAE and Denmark struck a similar agreement. In 2021, Leon Cullen, one of Britain's most wanted criminals was extradited after a joint operation between police in the Emirates, the UK's National Crime Agency and Interpol. Cullen, the former head of a drugs and firearms gang, is now spending 22 years in prison.

In an article at the beginning of the year for Forbes Middle East, Sheikh Abdullah bin Zayed, Minister of Foreign Affairs and International Co-operation, outlined five principles for combatting financial crime in the country, all focused on two themes: raising awareness of the complex problem across the board and boosting international co-operation.

At least 145 international fugitives were arrested and brought to justice in the Emirates last year. With two significant victories this week, evidence is mounting that the integrated approach the UAE has adopted, with co-operation among all stakeholders, is working.

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Smoother border management with use of e-gates

Cutting red tape on import and export of food

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

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What are NFTs?

Are non-fungible tokens a currency, asset, or a licensing instrument? Arnab Das, global market strategist EMEA at Invesco, says they are mix of all of three.

You can buy, hold and use NFTs just like US dollars and Bitcoins. “They can appreciate in value and even produce cash flows.”

However, while money is fungible, NFTs are not. “One Bitcoin, dollar, euro or dirham is largely indistinguishable from the next. Nothing ties a dollar bill to a particular owner, for example. Nor does it tie you to to any goods, services or assets you bought with that currency. In contrast, NFTs confer specific ownership,” Mr Das says.

This makes NFTs closer to a piece of intellectual property such as a work of art or licence, as you can claim royalties or profit by exchanging it at a higher value later, Mr Das says. “They could provide a sustainable income stream.”

This income will depend on future demand and use, which makes NFTs difficult to value. “However, there is a credible use case for many forms of intellectual property, notably art, songs, videos,” Mr Das says.

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.”

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- 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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Founded over 50 years ago, the National Archives collects valuable historical material relating to the UAE, and is the oldest and richest archive relating to the Arabian Gulf.

Much of the material can be viewed on line at the Arabian Gulf Digital Archive - https://www.agda.ae/en

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Updated: June 08, 2022, 8:30 AM