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Regulatory Compliance Management

The UAE’s Economic Substance Regulation (ESR) mandates enterprises to uphold economic substance in the UAE or risk fines. Disclosure of Ultimate Beneficial Owners (UBOs) enhances transparency, while Anti-Money Laundering (AML) regulations target financial institutions, VASPs, and DNFBPs with goAML registration being essential for AML compliance.

Economic Substance Regulation (ESR)

Following concerns raised by the European Commission, the UAE was added to the EU’s list of non-cooperative tax jurisdictions. On April 30, 2019, the UAE passed the Economic Substance Regulations, which state that companies with substantial activities in the UAE must adhere to global standards for business taxation established by the OECD and the EU. The goal is to prevent harmful tax practices and have the UAE removed from the EU’s list of non-cooperative tax nations.

ESR Compliance Requirements

Enterprises based in the UAE or offshore that engage in any of the Relevant Activities and derive money from them are essentially required by ESR to keep a specific amount of economic substance in the UAE. This obligation applies to both domestic and foreign enterprises. Organizations run the risk of fines for failing to comply with annual filing obligations. The Economic Substance Regulations establish clear criteria for companies to prove that their real economic operations take place in the UAE and are not motivated by a desire to take advantage of a tax haven. This will stop the destructive tax practice of moving money from countries with high taxes to ones with low taxes.

Ultimate Beneficial Owner (UBO)

Following its earlier issuance, Cabinet Resolution No. 34 of 2020 was superseded by the Beneficial Owner Procedures Regulation (the “Resolution”), which went into force on August 28, 2020. With the goal of increasing openness among UAE registered businesses, the Resolution addresses the most recent regulations requiring UAE entities to reveal their Ultimate Beneficial Owners. To guarantee international compliance and confidence on a worldwide scale, it also intends to strengthen implementation of existing regulatory and executive processes and procedures pertaining to beneficial owner data.

Definition of UBO

The term “Ultimate Beneficial Owner” is defined as follows:

  • People who have at least 25% of the voting rights for the entity’s shares, or who own or control 25% of the shares indirectly.
  • If no UBO is found according to the criteria outlined earlier, or if there is doubt about which of the identified natural persons is the genuine UBO, the person controlling the entity by other means shall be considered the UBO.
  • In the absence of any of the above, the UBO will be a natural person who is accountable to the entity’s top management.

UBO Regulatory Compliance

Companies are obligated by regulatory bodies to keep precise and current records of their UBOs. These documents must contain information such as the name, nationality, address, and ownership percentage of the individual. Transparency and accountability require the release of UBO details, which aid in the fight against the illicit use of businesses. Businesses and financial institutions can use this information to better understand the risks posed by their customers and partners, and then take precautions as necessary.

Anti-Money Laundering (AML)

Previously handled by the Banking Supervision Department, all matters pertaining to Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) were transferred to a new department in August 2020 by the Central Bank of the UAE. Virtual Asset Services Providers (VASPs), financial institutions, banks, insurance firms, and Designated Non-Financial Businesses and Professions (DNFBPs) are among the many entities that the UAE’s Anti-Money Laundering (AML) Law regulates. A wide variety of businesses fall under the umbrella of DNFBPs. These include: brokers and agents of real estate; providers of trust and corporate services; auditors and independent accountants; lawyers, notaries and other legal professionals. The categorization of these entities makes them subject to strict anti-money-laundering regulations, which aim to prohibit illicit financial activity and maintain the integrity of the financial system.

UAE goAML Registration

Registering with the UAE FIU’s goAML site is all that is required for goAML registration. The entities will get an email from the FIU confirming their successful registration once they complete the AML registration requirements. For the purpose of reporting questionable activity and transactions to the FIU, regulated entities in the UAE are required to complete this anti-money laundering registration.

In the United Arab Emirates, there are two separate steps to obtain goAML login credentials: In the first step, users are required to register within the SACM system, which is managed by the UAE Financial Intelligence Unit (FIU). By completing this registration, you will have access to the Username and Secret Key that are required to use Google Authenticator.

Later on, in the second step, people register on the goAML Portal that is specifically for the UAE FIU. In this step, you’ll supply details about your company and its designated compliance officer so that goAML can finish registering you and giving you your login credentials.

Table of Contents

FAQs

The process by which businesses make sure they are functioning within the legal and regulatory constraints imposed by governing authorities is known as regulatory compliance management. In order to reduce the risks connected with non-compliance, policies, processes, and controls must be put in place.

Companies doing specific operations in the United Arab Emirates (UAE) are required by the Economic Substance Regulation (ESR) to exhibit sufficient economic substance within the nation. The rule attempts to stop unfair tax practices and bring the UAE into compliance with international standards for fair taxation.

Businesses that engage in “Relevant Activities” such fund management, shipping, banking, and insurance must abide by the Economic Substance Regulation (ESR). This holds true for businesses operating in the UAE, both onshore and offshore.

Businesses that violate the Economic Substance Regulation (ESR) may face fines, penalties, and harm to their reputation. Furthermore, noncompliant organizations run the risk of being placed on a blacklist or receiving penalties from regulatory bodies.

The process of starting a business in the UAE involves selecting a business activity, choosing a compliant company name, obtaining initial approval from the Department of Economic Development, drafting the Memorandum of Association, securing additional approvals if necessary, and registering the company with the DED by paying the required fees.ain your trade license.

The person who ultimately owns or controls a legal entity and gains from its operations is known as the Ultimate Beneficial Owner (UBO). Usually, this person directly or indirectly owns at least 25% of the company’s shares or voting rights.

Ultimate Beneficial Owners (UBOs) must be disclosed in order to maintain financial transparency and fight financial crimes including money laundering and financing of terrorism. It assists financial institutions and regulatory bodies in identifying and reducing the risks connected to illegal activity.

The term “anti-money laundering” (AML) compliance describes the steps financial institutions and companies take to stop, identify, and report money laundering activity. It entails putting rules, processes, and controls in place to guarantee adherence to legal specifications.

 

Companies should be protected from the legal and reputational risks associated with money laundering, the integrity of the financial system, and the financing of terrorist activities by adhering to AML regulations.

AML laws in the United Arab Emirates (UAE) include a broad spectrum of organizations, such as banks, insurance companies, virtual asset service providers (VASPs), financial institutions, and designated non-financial businesses and professionals (DNFBPs).

By fulfilling the registration requirements on the website of the UAE Financial Intelligence Unit (FIU), companies can register for goAML in the United Arab Emirates. Usually, this entails creating an account in the SACM system in order to get the login credentials needed to access the goAML portal.

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