40 - September 30 thru October 6, 2002,
Vol XI

Expatriates'
bank versus financial challenges

YEMEN TIMES STAFF
In connection with a project for the establishing a bank for the expatriates,
figures mentioned that the Yemeni Banking System consisted of 17 banks
distributed over two categories, namely, the central bank, having 19 branches
in the governorates and the second is that of various specialties commercial
banks.
The project indicates that capital of the central bank reaches to YR
1000 million and it is the only authorized party to overseeing and monitoring
banks whether commercial, specialized or Islamic. The structural position
of Yemeni banks did not up to now help to establish a stock exchange market
and it is facing a test for supporting or financing the establishment of
an expatriates bank.
From the project of establishing expatriates bank and proposals offered
in this regard to the expatriates 2nd conference in Sana'a, it is understood
that there are big challenges before the project though the conference
has supported the idea of its establishment. The challenges can be summed
up as :
a) Founding the bank with a capital estimated at USD 50 or 75
million, equal to YR 2 billion requires amounts of money contributed by
a strategic investor by 50%, the expatriates and general subscription by
30% and the state by 20%.
b) All submitted options are searching for a strategic investor
whose contribution would not be less than 40%, which is an amount if available,
the bank founding would be certain, otherwise the bank could never be established
at all.
Through the project it is to be learnt that the there a existing need
for preparing the study on the economic feasibility on the necessity of
founding an expatriates bank though the objectives aimed at from the project
as mentioned in it are good. These objectives are:
a) to build up expatriate capitals, mobilize expatriates savings
and accommodate their investments in any fields such as, a founding industrial,
professional, agricultural, mining, fish, animal and other companies,
b) founding insurance companies,
c) investive funding for contracts works,
d) buying, owning and leasing pieces of land,
e) possessing all types of patent letters,
f) presenting and regulating contribution to long-term loans.
g) practicing all kinds of banking and credit functions whether
for the bank inside Yemen or abroad. Included in this are accepting deposits,
granting loans and facilities, buying and selling foreign currencies, collection
cheques, issuing, buying and discountings as well as conducting banking
and ordinary dealings correspondents.
Functions of the bank, according to the project, also include concluding
loans with the government, banks, local and foreign bodies and carrying
out actions of an agent to banking and financial institutions.
The bank is also allowed to have n interest in realizing its purposes
inside Yemen and practicing all activities and functions of funding, investment
and buying and selling of state bonds and government money orders.
To sum it up, all these goals, if the bank was established and began
carrying out its activities, would constitute firm foundations for attracting
Yemeni capitals abroad and investment operation would be activated in the
available opportunities, especially in the Free Zone in Aden.
Arab
arbitration recommends encountering challenges of globalization
YEMEN TIMES STAFF
Arab Federation of International Arbitration 4th Conference held in
Sana'a on September 14-15 came up with results emphasized the significance
to explore a reference for the Arab arbitration under the challenges of
globalization stage. It had also tackled the new challenges regarding means
of settling investment disputes, electronic trade and administrating contracts
and arbitration within the framework of the WTO.
The 150 Arab men-of- law conferees have over two days discussed more
than 23 researches centered around discussing issues of disagreements of
special characteristic, arbitration by using electronic ways, contracts
of constructions, and engineering contracts.
The international agreement was reviewed as reference of rules for
deciding disputes and the role of judiciary in implementing regulations
of arbitration.
Working papers were centered on more important elements of the WTO's
agreements, including TREPSS agreement, which a system for settling disputes
enhancing the idea of commitment to a unified world system under sovereignty
of a unified law.
Working papers also agreed on the important role of arbitration in
resolving disputes pertaining to those of intellectual property in accordance
with Paris Agreement on protection of industrial property for 1883 and
Berne Agreement on literary and art works for 1886 and the agreement on
aspects related to the intellectual property rights (TREPSS), 1994.
Participants in the conference were unanimous on finding parallel Arab
legislation so that to define features concerning legal protection of the
Arab intellectual property and preventing the misuse of privileges granted
by the TREPSS agreement to Arab and developing countries.
Mr Ismael Ahmed al-Wazeer, the Chairman of Board of Directors of Arbitration
& Documentation Yemeni Center, that hosted the conference, has made
it in his working paper the international agreements as a source for settling
disputes, implementation of arbitration terms and role of judiciary in
this respect. The paper made it clear that with the rapid spread of the
economic globalization and in the context of the General Agreement on Tariffs
and Trade (GATT), the agreement related to aspects of trade as part of
the rights of intellectual property (TREPSS) as one of the results of the
Uruguay Round in 1993.
Discussions also concentrated on significance of monitoring applications
of legislation and Arab systems related to the intellectual property at
the national level.
The conferees were unanimous on the necessity of distinction between
international disagreements in electronic trade and regional and local
disputes and also the differentiation between the scope of arbitration,
whether an international or local.
Among the more important advantages agreed on in deeming arbitration
as a means of settling disputes are:.
-Arbitration ruling cannot be appealed
at the presentation level, though the challenge is permissible.
-Arbitration ensures independence in selecting
the decision-makers and also guarantees impartiality.
-Arbitration is characterized by simplicity
of procedures and its secrecy in preserving peculiarity of the intellectual
property rights.
When reviewing the issue of distinguishing between trade arbitration
and that of sovereignty, there was an indication to the resort by Yemen
and Eritrea concerning sovereignty over the islands, sea borders and traditional
fishery to the International Arbitration Court.
Participants had also discussed the role of the Chambers of Commerce
and Industry to enhance and develop Arab rules of arbitration and agreements
as a source for terms of arbitration and extent of convenience of implementing
foreign agreements in the Arab countries.
The conferees had reached a conclusion on the necessity of holding
training courses for members of arbitration centres in the Arab countries
to provide them with experience in arbitration procedures field. Participants
also had emphasized that trends of globalization dictate the necessity
of resolving disputes with speedy and effective methods that are suitable
for trade activity and the creation of equitable competitive atmospheres
in Arab relations with members of world trade.
Several countries participated in the conference including, Saudi Arabia,
Kuwait, UAE, Oman, Iraq, Sudan, Jordan, Egypt, Syria, Lebanon, Tunisia,
and Morocco.
Sana'a
Conference joins forces for Arab Industries development
REPORTED BY MAHYOUB AL-KAMALI
YEMEN TIMES STAFF
The Regional Conference on Arab Industries Development (RCAID) has
united Arabs efforts in two orientations; (1), the development of national
industries and self-reliance and (2), facing foreign attempts for dumping
Arab markets with foreign products and consumer protection.
The conference, held in Sana'a on 15-18 September 2002, had constituted
an important axis for discussing specifications and standardizations on
which Arab national industries are based in order to compete with commodities
imported from outside the Arab region. The Yemeni party, represented by
the Center of Market Studies and Researches, that sponsored the conference,
was able to get acquainted with Arab countries experiments to benefit from
them in tackling hindrances facing Yemeni industries and to embark on increasing
Yemen's exports to Arab markets.
Working papers of the RCAID had confirmed the importance of habilitating
the Arab industries and engaging civil society organizations in protecting
Arab consumer against harms of the excessive inflow of foreign industries
products into Arab markets.
Visions of participants in the RCAID were with one accord regarding
continuation in coordination of efforts among all Arab countries for building
Pan-Arab industry creating inter-Arab trade and establishing Arab Free
Zone.
The conferees were also unanimous about the exchange of information,
experiences and experiments for facing challenges of world industry in
the Arab world and for protecting the consumer. The conference had also
focused on studying the Arab industries current situation by reviewing
experiments of 15 Arab countries, circumstances emerging from fears of
negative impact for liberalization of world trade.
Moreover, opinions were unanimous on the significance of offering facilities
to industrialists in ports and transport as well as providing metal raw
materials and working for easing customs and taxes restraints imposed on
local goods.
The conferees have also discussed the negative reflections and opportunities
provided by agreements of the World Trade Organization for development
and protection of less developed nations industries. In the very same direction
, the working papers have confirmed that there are inconveniences that
must be avoided and should not be repeated especially as the Arab countries,
members of the World Trade Organization, have become a market for only
industrialized countries.
The conference has also drawn the attention to the necessity of differentiation
between freedom of trade and free trade and also preparation of studies
on world markets and opportunities available for exporting to them.
It is therefore the conference is considered an Arab regional economic
demonstration aimed at uniting Arab energies, enhancing exchange of expertise
in a bid to develop and upgrade Arab industries and to developing trade
exchange among the Arab countries. Arabs are in further need to unify their
investments in industry and draw their assets abroad to be operated in
this field and face the challenges of globalization.
September
and the way forward
The Road Ahead
BY RAIDAN A. AL-SAQQAF
r_saqqaf@hotmail.com
Since the revolutions of September and October, Yemeni people were
left with nothing else but poor conditions and questions; What is the state
of the nation in the matter of security and defense, the economic condition,
the industrialization, the finances, the banking system or the exports?
Besides the progressive efforts made to create a strong and diversified
economy stressing on extensive investments, liberalization, privatization,
and increased international trade as an attempt to achieve economic modernization.
Yemen today is still a slow developing nation, but as a matter of fact,
Yemen is a very promising country with a bright future because of the many
natural resources it has. We are gifted with oil, minerals and many other
natural resources, some of that are nowhere else found in the world; like
the unique plants found in Socatra Island.
On the other hand, in spite of the many improvements and advances that
took place since the revolutions, we need more. For example more and quality
educational facilities are required urgently. According to the National
Center for Information, out of the 18.300.000* population of Yemen, 47%*
lie in the age group from 0-14 years. That is more than 8.000.000 Yemenies.
Now, do we have enough schools and educational institutes for even half
of those? Then how do we expect people to live comfortably? How are they
going to get jobs in the future if they can't get education now? Especially
with a population growth rate of 3.5%*.
Our country needs the kind of people who are proud of their heritage
and have a strong sense of belonging. These people are the generations
of the future who our country needs in order to prosper. But first, we
need to prepare these future generations for a different tomorrow; we need
to grow the love of the country in them and habituate them to face this
changing world. This is the responsibility of the education system to ensure
that future generations receive quality education that can enable them
to at least match their pears in the rest of the world. Sadly it is clear
that this is not possible, too many of them too little of facilities.
I am sure that there are many efforts in order to contain this problem.
Particularly during the last decade, and from my part I would like to encourage
such improvements and efforts made by every single person in order to make
this country one step ahead in the right direction.
Endnote: Another 26th September passes by us and I ask about the way
forward. I have a feeling we are moving in the right direction but we are
too slow, serious efforts has to be made in order to speed up the pace.
* :Source: National Information Center -
2000
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