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14 Int'l Fin. L. Rev. 23 (1995)
Privatization and the Growth of Financial Markets in the Gulf

handle is hein.journals/intfinr14 and id is 79 raw text is: Gulffinancial markets

Privatization and the growth of
financial markets in the Gulf
Jane Pittaway, of Fox and Gibbons, Dubai, United Arab Emirates, looks at the
growing interest in privatization in the Gulf and the stimulus this has given
to the emergence of the region's financial markets.

The buzzword these days in the Gulf is privatization:
there is no mistaking the very high level of interest, a
phenomenon that can largely be attributed to falling oil
revenues and budget deficit increases.
Governments are now accepting that their expen-
diture must be curtailed and the private sector
encouraged. Most Gulf countries have announced
programmes to end government monopolies of various
utilities, communications systems, hospital and airport
services and manufacturing entities by way of large-
scale privatization.
However, as there are also many public offerings
which are being conducted by non-governmental
entities, and rather more frequently, it would perhaps
be more useful to discuss the growth of corporate
finance in the Gulf generally and the capital markets
in particular.
Establishmentof stockexchanges
For both foreign and local entities, the early 1990s has
seen significant developments in the field of corporate fi-
nance and the expansion of capital markets in the Gulf,
and we are beginning to see ever more sophisticated
transactions being carried out.
The international investment community is focusing
on the Gulf market as never before and is looking for
possible entry routes into it, thereby stimulating the
market further.
Privatization programmes are encouraging the estab-
lishment of formal stock exchanges and trading floors in
various Gulf countries.
Of the six Gulf Cooperation Council (GCC) states,
Saudi Arabia, Kuwait, Oman and Bahrain have all es-
tablished formal stock exchanges. The other two states,
the UAE and Qatar, have still not established formal
exchanges, although both are actively planning to do so
in the near future. Ultimately, however, the plan
appears to be to link up the exchanges of all six GCC
states to create a single regional market.
In the meantime, Oman will be listing Bahraini
companies on its stock market soon, according to the
director of the Muscat exchange. Bahrain and Oman
signed an agreement in 1992 to cross-list shares before
the end of 1994. Although the year ended with no
announcement forthcoming, final approval is expected
within the next few weeks.
In the richer Gulf states, such as the United Arab

Emirates, where raising funds is not generally a problem,
the primary reason behind any public offering of shares
is more likely to be the political objective of wider share
ownership (albeit for the time being probably only
among the nationals of the country or, at the most, other
GCC nationals) and giving local investors an alternative
investment opportunity, nearer home, to the exchanges
in London, New York and Tokyo.
By contrast, in Bahrain, Oman, the Lebanon, Syria and
Egypt the primary reason for conducting offerings is to at-
tract foreign capital. As economic reforms easing trade re-
strictions and giving the private sector greater opportuni-
ties begin to take effect in these countries, we may well see
a surge in privatizations, and it is likely that eyes will be
turned to the richer Gulf countries to fund a large part of
the privatization programme. Accordingly, cross-border
offerings are likely to become increasingly popular.
In addition, with the exception of that in Saudi Arabia,
legislation in the Gulf covering investment is generally
intended to regulate foreign investment coming into the
particular Gulf country, rather than to protect investors
in their investments elsewhere. Accordingly, the market-
ing of foreign investments in the Gulf countries is
relatively unregulated.
Recent developments in capital markets
Last year saw the UAE flotation of Union Properties, a
Dubai-based property company, by Emirates Bank
International, to raise approximately $35 million.
The issue generated a substantial amount of interest
as it was the first such issue under the Companies Law
and was significantly over-subscribed. Several substan-
tially larger public offerings are expected in the UAE
later this year, probably after the holy month of
Ramadan, which falls this month.
Although the UAE Stock Exchange Law has not yet
been published, a joint committee from the UAE
Central Bank and the Federal Ministry of Economy &
Commerce is considering the matter and an official from
the Ministry has confirmed that a recommendation to
open an exchange will be made soon. This is likely to
increase the pace of public offerings and privatization
programmes.
Local brokers take the view that the establishment of
an official floor will boost dealing levels as it will help the
government to push ahead with its privatization plans
and will also attract small investors, who may have been

International Financial Law Review

February 1995123

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