and quarries and cemetery buildings. Defence with the competent minister and are The tax rate is 10%of the estimated rental value not subject to any of work of inventory remove after deducting 30%for residential units and or assessme . 32%for non-residential units in return of the all expenses. Fourth: The evasion from the tax: Third: Cases of exemption: Afine of not less than one thousand Every law has a general rule and a pounds and not exceeding five specific rule, accordingly the law has thousand pounds in addition to stated on the cases of exemption from compensation equal to the tax, which is the tax application as follow: performed by each financier against the law the purpose of evasion in the following cases: 1) Buildings that are owned by associations A-Submission of false or forged papers, registered under the law and the international documents or data to the inventory and organizations that were created to practice their assessment committee or the appeal subject. committee. B-Submission of incorrect documents for the 2) Buildings that are owned by the education purpose of benefiting from the exemption institutions, hospitals, clinics, shelters and without no right. charitable trust that has no aim for profit. C-Refrain from providing acknowledgment of the termination of the reason for the exemption 3) Buildings that are owned by the political from parties and the syndicates on a condition of that paying the tax. being used for its purpose D-The submission of incorrect documents that will result in a decision to raise the tax 4) The commercial building for the taxpayer unlawfully. which is the place specified for the taxpayer and paying the tax. his/her family to live in, which its commercial cost less than 24000 EGP. 5) Every unit in a building that is used for a non- residential purpose which its commercial cost is less than 1200 EGP. 6) The buildings of the youth sports centres that were established according to the specified law. 7) The buildings that are owned by foreign governments on a condition of reprisal (After taking the foreign minister opinion, can apply the exemption if the tax is matchless in the foreign country). 8) Centres that are specialized to be used in social occasions without the aim of profit. 9) Sport Clubs, centres and hotels of the armed forces, hospitals, clinics on the condition to be determined by a decision of the Minister of www.thelawmag.com 51
By : Ibrahim Samy Mostafa Through our article we will attempt to explore the basic idea of Know-how. Consequently, to illustrate the basic idea of know-how, we need to represent the following: The meaning of Know- How Explicit knowledge (knowing-that): What does the expression «Know-How» knowledge codified and digitized in books, evokes for the average person of English native documents, reports, memos,etc. Documented tongue? In fact, two different meanings can be information that can facilitate action. Knowledge apprehended. On the one hand, it is the skill what is easily identified, articulated, shared and that professional man possesses the ability of employed. 2 the specialist in his familiar field. On the other hand, newspaper, politicians and businessmen So, we shall differentiate between Know-how, have ascribed a different meaning to it. It Know what, Know-why signifies any useful information in a given field: - Knowledge of the people and things “know-How» is the knowledge of how to get in case of a politician engaged in campaigns, something done. Give them a task, and they astuteness of trader, and superior technique of will be able to apply their technical skills to a manufacture .1 accomplish it. “Know-what” is the knowledge of facts, figures and methods. Give them a topic We possess two types of knowledge; tacit and it is likely that they know the theory and Knowledge and explicit Knowledge. facts for example: - Knowledge of precedents, client›s documents. “Know-why” people – those Tacit knowledge (knowing-how): who possess knowledge of the purpose of doing knowledge embedded in the human mind something, insight into the meaning of work.3 through experience and jobs. Know-how and learning embedded within the minds of In conclusion, «Know-How» is a practical people. Personal wisdom and experience, Knowledge of how to do or accomplish context-specific, more difficult to extract and something with smoothness efficiency; ability to codify. Tacit knowledge includes insights and get something done with a minimum of wasted intuitions. effort; accumulated practical skill 52 www.thelawmag.com
or expertness. Know-how is often considered could be the sole subject matter of a license as a tacit Knowledge agreement. 6 The legal perspective of Know-How The transfer of know-how usually constitutes a central if not even the most significant element Know –How became one of the main issues in of a franchising agreement. The franchise the field of intellectual property ,some authors system lives from the passing on of know- consider it as a new category of intellectual how from the franchisor to the franchisee property.However, in some jurisdictions no that employs the know-how in implementing the uniform franchise concept. The know- difference is drawn between «know-how» and how of the franchisor is usually passed-on «trade secrets». In USA for example, know-how to the franchisee particularly in the form of a is undoubtedly considered as a trade secret. 4 franchise handbook or in training sessions. The term know-how is usually thereby widely Know-how is a subject of increasing understood as the entirety of non-patented, importance in international agreements and practical knowledge of the franchisor of international investment .The subject matter a certain commercial value because the designated by it has become to be the hand knowledge is secret, significant and specific maid of progress and the core of industrial and based on the experience and testing of the competition. Efficiency of production, effective franchisor. The term know-how in franchise pricing, superior quality standards, are based law covers therefore not only the technical, but on Know-how. 5 also and above all the business know-how for the operation of franchises in accordance with Usually, when it comes to international trade, the prescribed franchise concept.7 Know-how may be involved in various forms. It may be part of an agreement relating to patents, designs, or trademarks, and may be secondary to those rights or, on the contrary, these may be mere appendages to the principal grant of Know-how. Additionally, Know-how www.thelawmag.com 53
International Refugee crisis report. , By Karim Khaled In September 2015, an excavator These truly are alarming dumps life vests that were numbers. They reflect individual previously used by migrants on suffering on a huge scale and the Greek Island of Lesbos. they reflect the difficulties of the international community Asthe world is witnessing the highest levels of displacement ,in preventing conflicts and on record, an unprecedented 65.6 million people around the world have promoting timely solutions for been forced from home by conflict and them,» said António Guterres, persecution at the end of 2016. Among them UN high commissioner for are nearly 22.5 million refugees, over half refugees and head of UNHCR. of whom are under the age of 18. There are also 10 million stateless people, who have been denied a nationality and access to basic rights such as education, healthcare, employment and freedom of movement. From South Sudan to Syria, people are leaving their homes for the same reason they can either stay at their home and risk their lives or leave in the hope of finding safety elsewhere. The conflict in Syria has become one of the largest producers of refugees. The majority of Syrians are displaced within Syria′s borders, while millions of others have sought refuge in neighboring countries. Others have attempted the dangerous journey to Europe in the hope of finding safety and the opportunity to rebuild their lives. 54 www.thelawmag.com
,, Theconflict in Syria, now in its seventh Refugees and migrants year, was the world’s biggest get off a fishing boat producer of refugees (5.5 million). Humanitarian needs in Syria have increased ,at the Greek Island of significantly since the beginning of the crisis, with 13.5 million people in need of humanitarian assistance, Lebos after crossing the including more than 6 million children. Over 400,000 Aegean Sea from Turkey people have been killed and more than 1 million in October 2015. injured since 2010. Countries bearing the biggest burden of refugees Many Syrians have been forced tend to be in the developing world. Pakistan in 2012 to leave their homes, continued to host more refugees than any other often multiple times, making Syria the country (1.6 million), followed by Iran (868,200) and largest displacement crisis in the world Germany (589,700). Developing countries host 8.5 with 6.3 million people internally displaced million refugees (81%) of the world′s total compared and almost 4 million people registered with 70% a decade ago). as refugees in neighboring countries. An estimated 4.53 million people are in need Turkey hosts over 2.9 million registered Syrians. of humanitarian assistance in hard-to- The majority of them live in urban areas, with around reach areas and besieged locations. 260,000 accommodated in the 21 government-run refugee camps. There are more than a million registered Syrians in Lebanon and 660,000 in Jordan. Iraq has also seen a growing number of Syrians arriving, hosting more than 241,000, while in Egypt UNHCR provides protection and assistance to more than 122,000. Afghanistan remains the largest source of refugees, a position it has held for 32 years. One in four refugees worldwide is Afghan, with 95% located in Pakistan or Iran. Somalia, another war-ravaged country, was the second-largest source of refugees in 2012, although the rate of outflow has slowed as the country has stabilized. Iraqis were the third-largest refugee group (746,700), followed by Syrians (471,400). Iraqis were the third-largest refugee group (746,700), followed by Syrians (471,400). Over the past 10 years, 7.2 million refugees were repatriated, but only 836,500 were resettled. In2012, more than 500,000 were able to return home. The main countries of return were Afghanistan, Iraq, Ivory Coast and Syria. Most of the Afghans and Iraqis had been in exile for many years before their return. Of the repatriating Syrian and www.thelawmag.com 55
, Ivorian refugees, most returned after only one Inshort, the Gulf nations are not legally or two years in exile. obligated to provide refuge or asylum. The United Arab Emirates would seem to be the What about the exception. The UAE has received more than Gulf countries? 100,000 Syrian nationals since the Syrian crisis began in 2011 and extended residency permits to They are collectively known as the Persian Gulf them, bringing the number of Syrians living there to states, and even though they share a language almost 250,000. and the Arabian Peninsula with Syria, the Gulf nations are among the few nations that have not participated in the 1951 U.N. treaty on refugees, the agreement that energizes the West′s efforts to provide asylum to refugees from far-flung corners of the globe. 56 www.thelawmag.com
Is a Female Judge Far From Reality ? By Nada Kamal www.thelawmag.com 57
Adilemma takes place right after with the Egyptian society›s standards. Fast graduating from law school, a forward to the year 2003, when the well-known prestigious study that, requires a Tahani al-Gebali was appointed as the first prestigious occupation as well which comes female judge being the Vice President of in a diversity of options for any law school the Supreme Constitutional Court of Egypt. graduate. However, this is not the same This forward progression had not last for so scenario for female law graduates. Due to long, as she was laid off in 2012. the fact that a limited option of professions is available for females to settle on without even attempting to think about joining the most paramount councils in Egypt as judges. The State Council, the Supreme Constitutional Court, the Public Prosecution and the Supreme Administrative Court are all considered impossible career opportunities for females. Whenever the title of a female judge pops into mind, one usually thinks of Aisha Rateb the prominent Egyptian lady lawyer and ambassador that had strove for her opportunity in the State Council back in 1949. «Nevertheless, she lost her case for the absurd reason of the incompatibility of her request It is very instead of rather ludicrous how we are in 2018 and the terror of appointing women as judges is still a case that is open for discussion. Regardless of the fact that in light of the Egyptian constitution, a right protected by Article 9 that states as follows: ‹The state ensures equal opportunity for all «citizens without discrimination.› Inaddition to Article 11 that affirms the principle lawsuit in January 2014, before the Egyptian of equality between men and women State Council which is both the defendant and as follows: ‹The state commits to achieving the referee. Gadallah appealed the Council′s equality between women and men in all civil, negative response on the basis that her political, economic, social, and cultural rights constitutional right has been violated; while in accordance with the provisions of this she has met all the requirements needed for Constitution.› the position she had applied for. In2013 the Egyptian State Council stated in In2015 ,34 males males in Gadallah›s class an advertisement that the class of 2013 can got accepted in the Egyptian State Council. apply for the available opportunities. Therefore, Even though Omnia and her fellow female several female graduates eagerly went to apply. applicants′ cases were very ripe to be litigated, Unfortunately, all the applicants were denied the the hearing kept on being adjourned till 2017 right of even receiving the application form on when she found out that the Council regarded the basis that they are women. the case as inadmissible in April 2017 without notifying her lawyer with such decision. After that, one of the applicants Omnia Taher Gadallah a Sharia and Law graduate with honours and the 2nd on her class filed a 58 www.thelawmag.com
Gadallah also sought members in the TheState Council conference was held on Egyptian Parliament to suggest laws the 8th of October 2018, when one of the abolishing the discriminatory acts taken attendees, the former president of the European against female applicants. Nadia Henry a member Parliamentary Assembly inquired about whether or in the parliament attempted to do so, yet no not females would be given the opportunity to join positive results were achieved. the council. The president of the Egyptian State Council Ahmed Abo El-Azm replied by saying that Furthermore, a campaign in support of Omnia′s it is just a matter of time. case , her Honor Setting the Bar started trending on the social media platforms for the There is no a quite definitive rationale behind the Egyptian community to observe and be aware of fact that the case keeps on being disregarded, the humiliation and disappointment women still feel while the Supreme Administrative Court′s hearing every single day for a simple right they are calling session that is set on the 22nd of December shall for. be a crucial one that will definitely have a major impact on Egypt′s future as it′s initially the country′s vision by 2030 to accept women as judges and expand their empowerment. www.thelawmag.com 59
By Noran Abdelbaki Egypt is a very attractive Middle Eastern market acquisition of mobile messaging service WhatsApp for foreign investment as its strategic geographical which was worth 22$ million. position, low labor cost, skilled workforce and unique tourist potential guarantee a great success In addition one of the latest acquisition deals that for investors. occurred in the fashion industry is the American Michael Kors Holding Ltd acquiring the Italian There are various investment transactions that play fashion house Versace for a value of approximately a crucial role on improving the country′s economy, 2.12$ billion. from a legal point of view and based on several researches, merger and acquisition transactions in In Egypt merger and acquisition transactions Egypt has increased by foreign investments, such are regulated by several legislation,such as the transactions are worth up to billions of dollars. Egyptian companies› law no.159 of 1981 including its executive regulations and capital market law However, merger and acquisition are two slightly no.95 different terms, although they are often used of 1992 along with its executive regulations.Such synonymously. When one company takes over transactions are governed by the regulatory bodies another company′s stock, equity interest or assets in Egypt which includes the general authority for and clearly establishes itself as the new owner, the investment and free zones (GAFI) an affiliate of the purchase is called ministry of investment and the Egyptian Financial Supervisory Authority. an acquisition. Whereas, a merger occurs when two entities agree to combine together to become Moreover, when it comes to merger and acquisition a single new company instead of remaining deals there are certain preliminary procedures separately owned and operated. that should be taken into consideration. In other According to Harvard Business Review, in 2013 words determining both the opportunities and Microsoft acquired the mobile phone manufacturer the potential issues of merger and acquisition is Nokia for 7.2$ billion, another example of one of inevitable before concluding the deal. the biggest technology acquisition transaction that was witnessed back in 2014, was Facebook 60 www.thelawmag.com
The most important procedure is due diligence, an 61 investor that is seeking any of the two transactions must search for the right law firm that will be able to investigate and gather the factual information prior to signing the contract. In other words, an acquiring company must completely assess the target company′s business, assets, reviewing all financial and tax records, capabilities, etc. Analyzing and recognizing all of the aforementioned details and information will determine whether the transaction is worth it or not. The benefits behind mergers and acquisitions in today›s economy are endless, however the primary benefit and reason why companies choose to participate in M&A transactions is growth. The determination to grow includes increasing market share, diversification of product offerings, gaining access to patents or technology, eliminating competition and most importantly potential tax benefits. In conclusion, companies find that the best way to expand is through mergers and acquisitions however investors need to consider the potential issues connected in M&A. Therefore, a precise evaluation of both the benefits and the potential challenges must be considered. www.thelawmag.com
Youm7 reported: “The Ministry of petroleum launches the first global bidding for natural gas in the red sea” Petroleum today: “The minister of petroleum Tarek el Molla said that Egypt is working on a new project of sharing production with foreign energy companies to encourage exploration of oil and gas” “Egypt and Jordan signed aCooperation Agreement of training and exchanging experiences of manufacturing oil and gas” Al Masry al Youm reported: “A trade convention between The EGPC-Egyptian General Petroleum Corporation and ENOC- Emirates National Oil Company to cater Aircraft” 62 www.thelawmag.com
Egyptoil-gas.com reported: “Apache has invested more than 1$ billion in theEgyptian oil and gas sector during 2018, David chi, Vice President and general manager of the Apache Egypt, said last week according to AL Ahram.” Reuters reported: “South Korean Hyundai Engineering & Construction announced the cancellation of a 521$ million agreement to build a petrochemicals complex in Iran” “Saudi Arabian company ACWA Power plans to invest 658$ million in South Africa, it announced on October 26” www.thelawmag.com 63
Law Firms News: Mona Zulficar, founding partner of Zulficar & Partners 5) Eldib & Co had the privilege of being the law firm, received the Lifetime Achievement Award sole Legal Expert for the VIC-MED project at The International Financial Law Review›s Middle “Establishment of a Navigational Line East 2018 awards. The award marks Zulficar as not between Lake Victoria and the Mediterranean only the first Egyptian to receive the award, but also Sea”,throughout its pre-feasibility study phase. the first woman globally. 6) Shahid Law Firm is pleased to announce 2) Mr. Omar Sherif has been named as one of the that Rehan El-Bashary rejoined the firm as of selected 4 rising stars in the Middle East, receiving September 1,2018 as Managing Associate. this accolade as a Senior Associate in Shalakany Law Office for just 3 years who has worked on and led a number of very impressive deals. 3) Baker McKenzie has retained its position as the World›s Strongest Law Firm Brand in the 2018 Acritas Global Elite Law Firm Brand Index. The Firm received an overall score of 100 which is 51 points ahead of the firm ranked in second place and ranked top for each of the brand measures that comprise the Index - awareness, favourability, consideration for multi-jurisdictional deals and for multi-jurisdictional litigation. 4) TMS Law Firm have acted as Egyptian local counsel to Helios Investment on the completion of selling %76 stake in TPAY. 5) Eldib & Co had the privilege of being the sole Legal Expert for the VIC-MED project “Establishment of a Navigational Line between Lake Victoria and the Mediterranean Sea”,throughout its pre-feasibility study phase. 6) Shahid Law Firm is pleased to announce that Rehan El-Bashary rejoined the firm as of September 1,2018 as Managing Associate. 64 www.thelawmag.com
The Economic News Youm7 reported: The CNN Arabic Reported: The IDA has decided to The Egyptian Competition Authority grantee the unlicensed issued to take punitive actions against factories a period of Uber & Careem, imposing a fine of 500 time to adjust their million pounds, 28 million dollars, if situation that ends on they agree to merger or acquisition 31st of December, 2018. without its consent and notification. The CNN Arabic Reported: Youm7 reported: Egypthas reached a self- Egyptplans to establish the sufficiency of natural gas, largest trade center in the and decided to stop Importation after the world in East Port Said, turning it into a last shipment received by the country last «Diamond in the Mediterranean» as the week, according to sources familiar with region links 3 continents. The Suez Canal the Ministry of Petroleum and Mineral Economic Zone continues development Resources, which will enable it to expand until 2035. exportation and Jordan will be the first importing countries Egyptian Finance Minister «Mohamed Maait» said in a statement to CNN Arabia that the ministry is considering imposing taxes on social media sites and search engines to be equal to the Egyptian newspapers that pay taxes on the advertisements it receives. The ministry is also considering imposing a tax on goods sold via e-commerce sites, especially as they are currently not subject to VAT. www.thelawmag.com 65
66 www.thelawmag.com
Study in the UK 67 with a Chevening Scholarship Chevening Scholarship is the UK government’s global scholarship programme that offers future leaders the unique opportunity to study in the UK. With a fully-funded UK Government award, you can complete a master’s degree at one of the UK’s many world-class universities in just one year. Applications is now OPEN and will close 6 November 2018. Apply online at www.chevening.org/apply www.thelawmag.com
Search
