City of Dubai – The United Arab Emirates (UAE), a major player in
regional and global markets, is famed for its exponential economic
growth and strategic location. Sitting alongside seven other emirates,
Dubai is the most prominent member, managing to break free from
the oil rich dependent roots, for which it is historically known, to now
being a dynamic international business hub.
Dubai charms global firms and the very wealthy alike, all enticed by
the nation’s luxurious lifestyle and diversified economy. Political
stability and futuristic infrastructure compound its appeal, making it a
much-favoured destination for elite business investors looking for
lucrative opportunities.
The UAE’s appeal as a financial safe haven has made it particularly
popular among African political officials and businessmen, as revealed
in the relatively recent ICIJ report titled ‘United Arab Emirates a go-
to offshore haven for Africa’s political and business elite, leaked
records show’. Dubai offers intriguing mechanisms like offshore
accounts and lucrative property investments, all music to the ears of
those individuals desperately seeking to evade international sanctions
and prying eyes, as well as those who are involved in crypto currency.
In the last seven years, records have shown that Ponzi Schemers like
OMEGAPRO, NOVATECH and others chose Dubai as their city of
operation.
In the case of OMEGAPRO, a Ponzi Scheme, the Prince of Dubai
endorsed the company by making several public appearances and
attending several private meetings with principals of OMEGAPRO
giving them an air of legitimacy.
Although the city has a reputation for intense surveillance using
sophisticated CCTV systems, many drug traffickers and other
criminal elements have settled in the country over the last decade.
In 2018, Nour El Fath Azali, son of Comoros President, Azali
Assoumani, returned to Moroni and founded Olifants Ltd., a UAE-
based shell company providing consultancy services. He was then
appointed as his father’s personal adviser encouraging Emirati to
invest in Comoros, islands that are known for corruption by global
observers. Nour, a former bank auditor and US business school
alumnus, is reported to have said that he sees the UAE as “a crucial
financial hub, reflecting a common trend among African political
figures and their associates.”
The Pandora Papers, another ICIJ investigation, revealed that
business elites and politicians from 17 African nations had obscure
financial interests in the UAE. This intel came from the leaked
documents of 14 firms that specialise in forming shell companies and
bank accounts. The list of specialist firms providing these services
included SFM Corporate Services, formed in 2006 in Dubai.
University of Oxford professor, Ricardo Soares de Oliveria, stated that
“the UAE tacitly allows dubious financial activities that are shunned
by more reputable centres, requiring only that wealthy Africans avoid
local politics and abide by local laws”.
Another example is one Tindi Mwale, a Kenyan MP who, following
being elected in 2018, requested that SFM in Dubai create a company
and a bank account in Mauritius for US$2,641. Prior to his political
career, Mwale managed to build a diverse business empire. He told
SFM that the new company would be handling infrastructure projects.
Although Kenyan laws strictly requires that officials declare their
assets, when recently asked, Mwale denied owning any offshore
company and dismissed the claims as lies.
Isabel dos Santos, a dual citizen of Angola and Russia and the eldest
daughter of a former Angolan president, resided in Dubai with her
late husband. The 2020 Luanda Leaks investigation revealed their
connections to ten UAE-based companies. ICIJ’s Pandora Papers
went on to divulge that dos Santos had dealings with a UAE services
company that managed funds from Unitel, Angola’s largest mobile
operator. She denies all claims of wrongdoing. Dos Santos, who has
previously been charged in Angola with money laundering,
embezzlement and tax fraud, had her properties frozen in several
countries, and is now barred from entering the US. She is reportedly
still living in Dubai following her husband’s death in 2020. Her
husband, Sindika Dokolo, died in a free-diving accident in Dubai at
the age of 48. Reports state that foul play was not suspected.
The nation’s practices are creating problems for global financial
regulation and raise concerns surrounding the monitoring and
enforcement of internationally sanctioned entities and individuals.
Dubai’s intricate network of financial and legal services permits
discreet management of wealth and financial affairs, which can
obfuscate international operations looking to monitor financial
transactions.
The assertion that Dubai is primarily operating as a refuge for
fugitives and sanction evaders looking to hoard ill-gotten gains is
challenged by its track record in international enforcement
collaboration. The research conducted in ‘Dubai Unlocked’ – an
analysis report produced by the Organized Crime and Corruption
Reporting Project (OCCRP) cites several occasions where Dubai has
not only contributed to but has actively supported legal proceedings.
These actions highlight Dubai’s compliance with extradition
agreements and a greater commitment to maintaining international
legal standards. In co-operating, Dubai sends the message that it is
clearly aligning with global law enforcement agencies, in contrast to
previous accusations that it is just a haven for nefarious corporate
activity.
The OCCRP suggest that the legal framework in the emirate has been
designed to find an equilibrium between client confidentiality and the
stipulations of international law. Moreover, the nation’s efforts to
collaborate and enforce international law have resulted in some high-
profile cases, making some question how safe Dubai really is for the
unruly. British citizen Sanjay Shah who was extradited to Denmark
(detained in Dubai, 2022), and Christian Michel to India (detained in
Dubai, 2021) are just two of many extraditions over the past several
years. Although these successful extraditions are encouraging, analysts
note that Dubai does not always comply with international law orders.
Professor of Corruption and Illicit Finance at Georgetown University,
Jodi Vittori, described Dubai’s authoritarian justice system as opaque.
She adds “It is unclear why the UAE will work with some law
enforcement in some cases to arrest criminals located in the UAE and
in other cases, they do not. The UAE is a law enforcement black
hole”. In one example, Professor Vittori recalls the India-born Gupta
brothers, both accused of stealing vast amounts of South Africa’s
public funds via close links to the country’s former President, Jacob
Zuma. Although an extradition treaty exists between these two
countries, it was reported that last year the UAE decided to discreetly
dismiss South Africa’s order to extradite Atul and Rajesh Gupta.
South Africa was outraged and stated that the UAE failed to issue any
satisfactory responses to its rejection.
Despite concerted efforts to comply with global law enforcement and
noteworthy successes in extradition cases, Dubai’s multifaceted legal
and financial framework does provide sanctuary for myriad criminal
actors wanting to evade scrutiny. This emirate is somewhat of a
paradoxical environment where intense surveillance and confidential
financial services collides with opaque legal processes. This stark
contrast reveals that while Dubai contributes to the global legal
system, it also acts as a safeguard for those knowledgeable enough to
navigate its intricate policies.
The battle remains in finding ways to balance economic attraction
with international law enforcement, and this ultimately raises
questions about the real benefit and effectiveness of global governance
in this world of intricate international relationships.
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