ElKhatib & Co Attorneys at Law

ElKhatib & Co Attorneys at Law A top-tier Law Firm committed to providing diversified world-class legal services in the MENA Region. At ElKhatib & Co, we pride ourselves on collaboration.

A General Practice Law Firm, handling cases with different natures in various jurisdictions & law aspects. Since it was founded in 1984, it has been representing its domestic, international & multinational clientele, in the Middle East & North Africa (MENA) Region, in a significant number of diversified multi-billion Dollars Cases. Our Mission

ElKhatib & Co is a top-tier Law Firm committed to pro

viding diversified world-class litigation, arbitration, legal consultancy, contractual and transactional services to organizations and individuals, tailored by industry or profession and personalized to each client’s needs. Our Philosophy

We are recognized knowledge leaders in all legal areas and aspects, adding value to our clients’ businesses through collaboration and teamwork. Our profound experience is coupled with innovative thinking and business-focused problem solving to reach the best solutions for our clients. We remain on the cutting-edge of legal developments, taking the time to study, track, and anticipate changes in laws, regulations and precedents that could potentially impact our clients. In every matter that we handle, we partner with our clientele to minimize risks and advance our clients’ short and long-term objectives. Our History

ElKhatib & Co was formed with the goal of building a world-class law firm focused on serving the needs of its clients and recovering their rights. The firm’s Founder and Managing Partner has launched ElKhatib & Co to provide its clients with skilled unparalleled legal services based on their individual situations and objectives. We do have a history of being on the forefront of innovation in our specialty, and our aim is to continue to set the benchmark. Our Attorneys have substantial experience and have practiced law at its highest levels throughout their careers. We are a diverse group of professionals who operate collectively towards a single goal – providing our clients with top-tier legal services. Our Attorneys use this same-team approach when working with clients, to find the right solutions for any sort of issues. We believe that everyone plays an important role on our team as a hands-on contributor to the end goal. Similar to a start-up company, we enjoy an open culture. We support independent thought and encourage creativity because we believe this approach works to achieve the best possible results for our clients. Sustainability

ElKhatib & Co is committed to using its best efforts to advance sustainable practices. That did arise from adopting two fundamental principles:
• Actions speak louder than words; and
• People do need a lawyer who will fight for them.

إنا لله وإنا إليه راجعون.بقلوب خاشعة يملؤها الإيمان العميق بقضاء الله وقدره، وبأعين تفيض بالدمع وأنفس وقلوب يعتصرها الأل...
02/04/2021

إنا لله وإنا إليه راجعون.

بقلوب خاشعة يملؤها الإيمان العميق بقضاء الله وقدره، وبأعين تفيض بالدمع وأنفس وقلوب يعتصرها الألم والحسرة وبالغ الحزن والأسى،
انتقلت إلى رحمة الله تعالى، الروح الطاهرة، والزوجة البارة، والوالدة الحبيبة، والإنسانة الحنونة، المغفور لها بإذن الله تعالى، السيدة/ حنان الجداوى، زوجة السيد الأستاذ/ محمد الخطيب المحامى "مؤسس المكتب" ووالدة السيد الأستاذ شريف محمد الخطيب المحامى "الشريك بالمكتب".

وبهذا المصاب الجلل، نتضرع إلى المولى جلت قدرته، أن يتغمد روح فقيدتنا الغالية بواسع رحمته وعظيم غفرانه، وأن يسكنها فسيح جناته مع النبيين والصديقين والشهداء والصالحين والأبرار وحسن أولئك رفيقاً.

اللهم وسع قبرها واشرح صدرها و ثبتها عند السؤال وأعنها على الإجابة يا أرحم الراحمين.

اللهم اغفر لها وارحمها وعافها واعف عنها وأكرم نزلها ووسع مدخلها بحيث لا يُر له نهاية، واغسلها بالماء والثلج والبرد، ونقها من الخطايا كما ينقى الثوب الأبيض من الدنس.

اللهم باعد بينها وبين خطاياها كما باعدت بين المشرق والمغرب يا رب العالمين.
اللهم باعد بينها وبين عذاب القبر وأهواله كما باعدت بين المشرق والمغرب يا رب العالمين.
اللهم باعد بينها وبين عذاب النار كما باعدت بين المشرق والمغرب يا رب العالمين.

اللهم أنر قبرها وبرد قبرها واجعل قبرها روضةً من رياض الجنة تهب عليه نسائم الجنة يا رب العالمين.

اللهم آنس وحشتها واجعلها مطمئنة فى قبرها بالنعيم الذى نرجوك أن تعدها به.

اللهم أبدلها أهلاً خيراً من أهلها وداراً خيراً من دارها، وأدخلها الجنة بلا حساب ولا سابقة عذاب وقها عذاب القبر وأهواله وعذاب النار بحق جاه حبيبك وحبيبنا المصطفى عليه أفضل الصلاة والسلام. اللهم تقبل يا رب العالمين.

ولا حول ولا قوة إلا بالله العلى العظيم.

لا أراكم الله مكروهاً فى عزيزٍ لديكم.

فضلاً وليس أمراً، نسألكم الدعاء لفقيدتنا الغالية بالله عليكم.

21/03/2021

We don’t care whether you come into the office at 8 am.

We don’t care if you choose to work from home or not.

We don’t care if you work from the garage while they fix your car.

We've hired you for a job and we trust you to get it done. Just let us know what you need from us to be successful in your role. And we will show up for you. Life happens!

You don’t need to justify to us why you need a day off. You don’t need to explain how sick your child is to leave early. You don’t need to apologize for having a personal life.

Yes, we care about results but we also care about you. We are all human and we are all adults.

We lead people. We don’t run an adult day care center.

Our advice for anyone hiring:

1. Select the right people.
2. Agree on deliverables (be crystal clear).
3. Provide proper tools and support.
4. Get out of their way.

Agree?

14/05/2020

Meeting Protocol at ElKhatib & Co Attorneys at Law

1. Our Office is manned with the 30% quota requirement.
2. Our Reception, toilets and other common areas are disinfected on a regular basis.
3. Please ask our Reception for hand sanitizers, although touch-less dispensers are being installed.
4. Everyone at our office will be wearing face masks and we would ask you to kindly observe the same Government directive.
5. Should you have any symptoms of flu, please let us know and we will either reschedule, or schedule a video conference.
6. Please do let us how we can increase our level of services during these challenging times.

15/11/2018
12/08/2018

Egyptian Draft Data Protection Law Approved

The Cabinet has approved a draft law to protect personal data, electronically processed in whole or in part by any holder, controller or processor. The law applies to Egyptians inside or outside the country, non-Egyptians living in Egypt and non-Egyptians outside of Egypt who carry out an act punishable in the State where it was signed. The law will impose obligations on controllers and processors with regards to the electronic processing of personal data, to ensure the rights of citizens and compliance with international legislation in this area.

Under the proposed law, personal data may not be collected, processed or disclosed by any means except with the consent of the relevant person or in cases authorised by law. The relevant person will have the right to access and obtain their own personal data. Penalties include jail terms of at least one year and/or a fine of up to 100,000 to 1,000,000 Egyptian Pounds. Those disclosing or making personal data available by any means other than those authorised by law or without the consent of the relevant person will face the same penalties. A Centre for Personal Data Protection in the Information Technology Industry Development Agency will be established and the employees will be appointed by a Ministerial Decision following a proposal from the competent minister. The Centre will formulate and develop policies, strategic plans and programmes to protect data and implement the relevant decisions, controls, measures, procedures and standards for data protection.

10/08/2018

International Arbitration Newsletter August - 2018 | Regional Overview: Middle East and Africa

CAPE VERDE / SUDAN

Republics of Cape Verde and Sudan adhere to the New York Convention

The Secretary-General of the United Nations reported that the Republic of Cape Verde and the Republic of Sudan adhered to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) on 22 March 2018 and 26 March 2018 respectively.

CONGO

Congo hit by ICC claim threat from South African Africom Commodities

The Democratic Republic of the Congo is facing a US$20 million ICC arbitration claim brought by a South African agriculture company Africom Commodities over a failed project to develop the country’s first agri-industrial park to help combat hunger.On 6 July 2018, Africom Commodities filed the claim before the ICC, seeking US$19.79 million in outstanding payments since 2017, when Africom withdrew from Bukanga Lonzo, saying it had not been paid by the government in nearly a year. The production of maize and other crops at the site has now ground to a halt, while the government tries to revive the project.

DUBAI

Dubai Court of Cassation confirms DIAC award on cancelled racetrack claim

On 22 July 2018 the Dubai Court of Cassation dismissed a US$950 million claim brought by UAE real estate developer Meydan over a cancelled contract to build a race course. Meydan filed its court claim, which had originally been presented as a counterclaim in the arbitration, in Dubai in 2012. DIAC rules provide an 18-month time limit for arbitration proceedings from the date of filing, and the real estate group argued it had taken the DIAC tribunal four times as long to issue an award. The Court rejected arguments that the DIAC award was invalid as the case had gone on so long the arbitration clause in the contract had expired, hence upholding the decision of a court of first instance.

EGYPT

Egypt faces new ICSID Treaty claim from Australian investors

On 28 June 2018 Australian mining company Tantalum International and its Australian-listed parent Emerge Gaming registered a third party-funded claim before ICSID against Egypt under the Australian-Egypt bilateral investment treaty. It is understood that the claim concerns the alleged expropriation of the indirect 50% stake in the Abu Dabbab Tantalum-Tin-Feldspar mining project in southern Egypt. The project was run by a joint venture vehicle with an Egyptian state-owned entity until 2015, when the claimants allege the vehicle was dissolved by their partner as a result of pressure from the government.

Appeal filed against Egyptian court order to terminate an arbitration

On 14 June 2018 Egyptian development company Amer Group and its Syrian subsidiary lodged an appeal against an ex parte order of a judge of the Cairo Court of Appeal terminating arbitration proceedings in a US$500 million arbitration claim over a tourism project in Syria, following a complaint by the Syrian claimants who said the proceeding was taking too long.

The dispute, which was administered by the Cairo Regional Centre for International Commercial Arbitration, concerns the Junada tourism project in the Syrian coastal city of Tartous. The project, much of which was to be built on land reclaimed from the Mediterranean sea, was to include a marina, five-star hotel and restaurants along with residential, administrative and entertainment buildings.

Appealing the order, Amer argues it was not made aware of the claimants’ ex parte application and that the judge who issued the order was not provided with the full and correct facts, including Amer's counterclaim.

GHANA

Ghana and South African mining company AngloGold Ashanti settle ICSID claim

South African mining company AngloGold Ashanti has discontinued an ICSID claim against Ghana over the withdrawal of military protection for a gold mine, after the parties agreed an amicable settlement on a claim under a concession agreement worth US$259 million to the mining company.AngloGold Ashanti continues, however, to pursue an UNCITRAL claim against Tanzania over the country’s legislative reforms to its mining sector.

KENYA

ICC tribunal rejected wind farm investor claim against Kenya

On 2 July 2018, a London-based ICC tribunal rendered an award rejecting a claim for more than US$150 million plus interest brought by British Virgin Islands-registered company Kinangop Wind Park (KWP) against Kenya in relation to a wind power project that was cancelled in the face of local protests and legal challenges by landowners. The investor was allegedly claiming 31 billion Kenyan shillings (US$310 million) invoking a July 2013 letter of support in which the Kenyan government undertook to indemnify KWP for losses suffered if construction of the wind farm plant was prevented because of “political events”. KWP argued that the community protests that affected the project amounted to such an event. However, the tribunal found in its award that there was no “political event” within the meaning of the letter of support, and dismissed all KWP’s claims for relief. It also rejected a counterclaim by the government.

LIBYA

Libya hit by ICC Investment Treaty award

In an ICC award dated 25 May 2018 and made publicly available recently, Libya has been ordered to pay around a sixth of a €105 million treaty claim brought by a Cypriot company Olin Holdings under the 2004 Cyprus–Libya bilateral investment treaty over its investment in a juice factory in Tripoli.

The dispute concerned the expropriation and demolition of Olin’s factory by Tripoli’s city authorities in 2006, as part of a wider expropriation of 340 hectares of land to make way for a housing project, which the state said was on public interest grounds.

The tribunal found that Libya had breached several provisions of the Cyprus-Libya BIT including the guarantee against indirect expropriation, and said Libya’s actions violated the country’s 1997 foreign investment law and therefore frustrated Olin’s legitimate expectations in breach of the fair and equitable treatment standard of the BIT.

Arms manufacturer General Dynamics successfully enforces ICC award against Libya

Arms manufacturer General Dynamics has succeeded in enforcing an ICC award against Libya in England. The dispute concerned a US$84.9 supply contract that General Dynamics and Libya entered in 2008 as part of a larger arms deal between the UK government under former prime minister Toby Blair and Gadaffi. Following the Arab Spring and the death of Gadaffi in October 2011 General Dynamics filed for ICC arbitration alleging that Libya had not met its financial obligations set out in the agreement but later withdrew its claim after the state caught up on payments.

ICC award enforced against Libya in England despite complications in service

On 20 July 2018 Mr Justice Teare in the London Commercial Court dispensed with the need for Libya to be served documents relating to an ICC arbitration, award and enforcement process in line with the UK Sovereign Immunity Act. Whilst such service would normally be required when seeking to enforce against a state like Libya, which has yet to sign the New York Convention, the judge considered that “the difficulty of service in this case arises from the circumstance that, if the claimant were to seek to serve the arbitration claim in the manner provided in the [State Immunity Act], there would be considerable difficulties arising out of the circumstance that there are at least two entities claiming to be the state of Libya at the present time.” As such, he concluded that, weighing the interests of the claimant to enforce the substantial award against the interest of the defendant to be made aware by a formal process of service, “it is fair and just to grant the order sought because otherwise the claimant would be unable to take the steps it wishes to take to enforce the award and would have to wait until such time as conditions in Libya become more normal.”

UGANDA

Total subsidiary settles ICSID claim with Uganda

On 10 July 2018 Total E&P Uganda, a Dutch subsidiary of Total has asked ICSID to discontinue their dispute against Uganda following an agreement reached over the imposition of stamp duty on an oil block near Lake Albert. The claim was brought under the production-sharing agreement and the 2000 Netherlands-Uganda bilateral investment treaty after the Uganda Revenue Authority imposed stamp duty on the fields’ Exploration Area 2. Total argued that the area was exempt from tax under the terms of the agreement. The arbitration has been suspended for over two years, with no proceedings having taken place since the appointment of the tribunal in 2015, the same year that the case was filed.

08/08/2018

Restrictions on Foreign Investment in Egypt

Nowadays, foreign investment in Egypt is becoming easier, and is being facilitated by the new Investment Law No.72 of the year 2017(hereinafter referred to as the Investment Law) offers guarantees, simpler procedures, as well as incentives that include tax breaks and trims customs duties.

Sahar Nasr, Egypt’s Investment Minister stated that: “Foreign Direct Investment (FDI) has been significantly picking up, total private investment increased by 47 percent, FDI has picked up by 15 percent. It is true, a large bulk of investment comes from oil and gas, but the current investment law has provided an incentive to attract diversified sectors, specifically sectors creating jobs, and enhancing productivity…”

Nonetheless, there are still sectors and places in Egypt that are prohibited for foreigners to invest in.

Professions preserved for Egyptians

The Ministry of Manpower and Migration has stipulated some professions that are forbidden for foreigners to work in. Decision No. 485 of the year 2010 states that Foreigners cannot work in Tour Guiding, Import and Export and in Custom Clearance.

Importing for the purpose of Trade

Law No. 7 of the year 2017 concerning Importers Registry explains that being part of the Registry of Importers is limited to Egyptians, unless, the foreign investor has had the Egyptian nationality for at least 10 years.

As for Limited Liability and Joint Stock Companies, importing for the purpose of trade, the shares and stocks owned by Foreign Investors cannot exceed 49%.

Commercial Agents

Acting as Commercial Agents, according to Law No. 120 of the year 1982 regulating Commercial Agencies, is restricted to Egyptian Nationals or Foreigners who have acquired the Egyptian Nationality for at least 10 years.

Tour Guides

As further emphasized in Law No.121 of the year 1983 concerning Tour Guides, to be authorized by the Ministry of Tourism, Tour Guides must possess the Egyptian Nationality.

Limitations on Foreign Management

Limited Liability Companies

In the regard of Limited Liability companies, the old law stated that at least one of the managers should be an Egyptian. However, the new Law does not impose this limitation during incorporation but necessitates an Egyptian manager when amending the Company’s Articles of Association.

Travel Agencies

Ministerial Decree No.209 of the year 2009 regarding the Executive Regulations of Law No. 38 of the year 1977 has placed a management restriction on the licensing of Travel Agencies, as they are obliged to have an Egyptian General Manager.

Yet, Decree No.63 of the year 2018 issued by the Ministry of Tourism has suspended, in general, the issuance of incorporation of Tourism Agencies licenses for a period of one year.

Foreign Equity in Civil Aviation

Foreign equity is restricted by Civil Aviation Decree No.276 of the year 2018 in the following manner:

Shares of Foreign Investors Cannot exceed 40% in case of scheduled international air transportation of passengers or cargo, and in case of scheduled or non-scheduled internal transportation of passengers or cargo, or Air Taxi activities.

In case of exercising airlines’ agency activities and providing facilitations for airlines in all Egyptian airports, then the project capital should be 100% Egyptian, and in case of non-scheduled international air transportation of passengers or cargo then the percentage of foreigners’ contribution may be up to 100% of the project capital.

In addition, in the case of shipping companies, the foreigners’ contribution may be, according to the requirements of the Civil Aviation Authority, up to 100% of the project capital.

As for the other activities that a license is issued from the Ministry of Civil Aviation in their regard, the percentage owned by Foreign Investors in the project capital cannot exceed 49%.

Foreign Employment

The Egyptian Commercial Law No. 159 of 1981 has set a maximum percentage of 10% of foreign workers in a given company with earnings not exceeding 20% of the total wages paid by the company to its workers. With regards to foreign professional and administrative employees, their percentage in the company can reach up to 25% with earnings of not more than 30% of the total wages paid by the company to these categories.

However, companies may be authorized by the competent Minister to the nomination of foreign employment for set periods in case of the lack of qualified Egyptians.

Similarly, Companies that are governed by the Investment Law shall have the right to appoint a percentage of 10% of foreign workers; this percentage can be increased to a maximum of 20% in case it is not possible to hire qualified Egyptians.

Yet, the Investment Law states that : “For some strategic projects with special significance which are identified under a decree issued by the Supreme Council, exceptions from the said percentages may be made, provided that training is provided to the national labor.”

Professions that are an exception to the previous rule

Decree No. 485 of the year 2010 issued by the Ministry of Manpower and Migration has excluded the following professions from the limit on the percentage of foreigners hired:

Representative offices.
The branch manager of the foreign company.
The employer and offsprings.
Small enterprises: facilities that have no more than five workers.
Prohibition on acquisition of land

Foreign individuals as well as entities are prohibited by Law No.15 of the year 1963 to own Agricultural Lands.

As for the possession of Desert Lands, Law No.143 of the year 1981 states that only Egyptians can benefit from such right of possession.

As for ownership of real estates or vacant lands for residential purposes, Law No.230 of the year 1996 restricts ownership to two land plots only, with an area of maximum 4000 square meters each.

Yet, this rule does not apply to areas specified by the Prime Minister’s Decree No. 548 of the year 2005, which has also allowed usufruct rights to foreigners in Sharm El-Sheikh.

Areas that Foreigners cannot invest in

Foreign Investors cannot own Lands in the Sinai Peninsula or lands within Suez, Ismailia or Port Said governorates, but can use the lands through usufruct rights.

Nonetheless, businesses cannot be established in areas used by the Military, for security reasons, as per Presidential Decree No.152 of the year 2001, areas near the borders of Egypt, islands located in the Red Sea or the Mediterranean, natural preserves, archeological areas and all types of roads.

08/08/2018

Egypt's New Media Laws

In recent times, the Egyptian Government is exerting a remarkable effort to improve and develop the legalities of the media and press laws and regulations. There are four new laws that shall be issued during 2018, three of which fall under the same umbrella, regulating media and press, and another that regulates social media.

The aforementioned laws are still under review by Egyptian authorities, and shall enter into force within three month from the date of being published in the Official Gazette.

Social Media Draft Law
The new Social Media Draft Law aims to monitor the usage of social media in Egypt by creating new Egyptian-based social networks, in other words, this law suggests creating, for example, a new-Egyptian Facebook, registration for which shall require the users' national identification number and shall be available to Egyptians that are 18 years or older.

Said draft law also suggests forming a committee in the National Telecommunications Regulatory Authority ("NTRA") that would be responsible for the supervision and monitoring internet service providers. It also imposes serious penalties and sanctions on any user that creates a fake account or that tries to hack another user's account

It is to be noted that said law is still a draft, and there are no assurances that it will be published due to the difficulties the government and official authorities would face during implementation. Moreover, in the event that said law is actually issued, it would, at least, differ from the draft law published at the moment.

Draft Laws Regulating Media and Press
The new draft laws regulate the performance of the main three media bodies; the Higher Council for Media Regulation ("HCMR"), the National Press Authority ("NPA"), and the National Media Authority ("NMA"). Said laws aims to mitigate some of the complications in Law No. 92/2016 regulating media in Egypt, which proved to be unclear as to the responsibilities of each of the aforementioned bodies; the publication of the new laws will automatically lead to the elimination of Law No. 92/2016.

There is a major law that generally governs the media and press business and organizations, the two other ones are complementary regulating the NPA and the NMA. In other words, Law No. 92/2016 will be replaced by three laws.

Moreover, the draft laws are said to provide journalists with legal protection, as it stipulates that whoever attacks a journalist physically while on duty shall be punished by a jail term and a fine of no less than EGP 10,000 and no more than EGP 20,000. Moreover, media agencies and organization will have an obligation to provide labor contracts to journalists working for them, stipulating minimum salaries and wages as well.

Furthermore, the draft laws regulating media and press, somehow, also encompass social media. Article 9 of said law provides that Media and Press Law is applicable to social media accounts on Facebook or Twitter and blogs with more than 5,000 subscribers or followers; Article 19 allows the suspension or blocking of media outlets including blogs and social media networks' accounts and pages with more than 5,000 subscribers or followers if they violate said law. Article 59 states that no media outlet or website shall be established prior to obtaining a license from the Supreme Council.

That being said, the draft law shall impose taxes on advertisements posted on Google and social media platforms. Members of the Parliament stressed that social media platforms such as Twitter, Facebook and Google earn millions via advertising in Egypt, with no obligation to pay taxes in return; therefore, it is stipulated in the draft law that it is not permitted to advertise to the Egyptian market on a website if it is not registered in the Supreme Council.

Conclusion
As the aforementioned draft laws and still under review by the Egyptian authorities, none of the above is assured to be final, for a matter of fact, the Council of State acknowledged the draft law regulating media and press has some unconstitutional articles, and such articles shall be amended accordingly. In the meantime, Law No. 92/2016 shall remain in force.

06/08/2018

Introducing Significant Amendments In Egyptian Laws

Law no. 4 of 2018, amending the Companies Law no. 159 of 1981
On January 16, 2018, new amendments were made to the Companies Law aiming to ease and enhance corporate operations in Egypt with the aim to make Egypt's business environment more attractive and competitive and to reach the specification of global investment laws.

The highlight of said amendments was introducing a new type of company to be established, namely, Sole Partnership Company.

The Sole Partnership Company allows all entities, whether corporations or individuals, to establish an individually owned company, with liability limited only to its capital, which encourages investors via retaining their control without great financial risks. The creation of a Sole Partnership Company also allows local and foreign investors to incorporate their businesses without risking major financial losses beyond the capital of the company, while still remaining full control. However, the liability of the founder may be extended beyond the company's capital in some cases, mainly if the founder does not separate between the company's capital and the founder's own capital.

However, the Sole Partnership Company shall refrain from carrying the activities stated hereunder:

Establishing another Sole Partnership Company;
Initial Public Offering, whether upon establishment or upon increasing its capital;
Dividing the company's capital in the form of negotiable stocks;
Borrowing through issuing negotiable securities;
Carrying out the activities of insurance, banking, saving, receiving deposits or the investment of funds for third parties;
Aside from Sole Partnership companies, the new law also introduced some general provisions for the benefit of the investor; companies now may raise their capital by virtue of an Ordinary General Assembly, provided that said company is not listed on the Egyptian Stock Market.

The new law also allows the members of the board of directors and shareholder to hold Board Meetings without the necessity of being physically present by allowing electronic attendance and signature. Moreover, the amendments allowed the founders to include their own agreements regulating their relationship during the incorporation or after. Accordingly, all Joint Venture Agreements and Shareholders Agreements signed between the founders can be included in the Company's Articles of Association.

Activating the Electronic Signature.
On January 26, 2018, the Information Technology Industry Development Agency ("ITIDA") declared that they began with the process of activating the Electronic Signature services at GAFI, as well as solving all pending problems regarding ITIDA licensed companies.

Moreover, the Ministry of Investment and Internal Cooperation has declared the Electronic Signature system, once activated, as a method for registering new companies at GAFI as one of the procedures which shall contribute in facilitating and easing the company's registration process on one hand, and facilitate the reinforcement of the Investment Law and its Executive Regulation on the other.

It is to be noted that such system, once activated, shall ease all procedures with regard to incorporating new companies, as well as help reducing fraud.

06/08/2018

Image Rights: Salah And The Egyptian Football Association

Here are a few brief thoughts on the Salah/ Egyptian FA image rights issue that has been reported over the last week.

The issue relates to Salah's image used by the Egyptian FA with its commercial partners. It is believed the Egyptian FA have a partnership deal with mobile network WE (among others) & Salah's image along with the WE brand has been emblazoned on the side of an Egypt Air plane.

Salah is reported to have his own personal deal with WE competitor Vodafone Egypt. As part of the ambassador deal, Vodafone publicised a "Salah World Rate" phone tariff giving subscribers 11 free minutes for each time he scores a goal. Salah's representative Ramy Abbas has warned the Egyptian FA about the unauthorised use of Salah's image.

There are a number of issues for Salah, his image rights company (IRC), Liverpool (LFC), Vodafone (Voda), WE & the Egyptian FA (EFA) to consider. Salah's IRC, will have likely

entered into an agreement with LFC for the club to licence his image in a club context;
a boot deal w Adidas; &
the Voda deal.
When entering into the Voda deal, Salah's IRC would have agreed to not enter into endorsement deals with Voda competitors. Salah's image has allegedly been used without his authorisation by EFA to endorse a Voda competitor (WE). Depending on the Voda deal with Salah's IRC, Voda will be liaising with Salah's IRC to prevent the unauthorised use of Salah's image especially with a competing company.

If EFA haven't the rights to use Salah's image, his IRC may decide to sue. Query however which country/jurisdiction any case would be brought. The timing would be difficult with World Cup approaching.

Unless EFA agrees to remove Salah from a partnership which it appears he is individually endorsing, his IRC would unlikely allow such a situation. The EFA/Salah compromise could be for the EFA, for example, to use Salah's image (with other squad members) and potentially pay for the privilege as part of a partnership deal with a sponsor that doesn't conflict with Salah's existing deals.

In the meantime, the EFA may have an issue with WE (& other EFA commercial partners) as they are likely to have agreed that they had the ability to use the images of particular players by way of association with the EFA brand.

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