This country is placed in Band E

The UAE’s GI ranking in Band E places it in the high-risk category for corruption in the defence and security sector. The country’s lowest risk area is Personnel, where it scored second highest in the region, followed by Operations. UAE’s highest risk area is Finance. To reduce corruption risk and build integrity, security sector reforms are urgently needed across the following areas:

Increased transparency and scrutiny in procurement and budgeting

  • The UAE has no defined process for acquisition planning – the process through which the state identifies what arms it will buy – and all Emirati military procurement is exempted from public tender, with evidence indicating that most contracts are single-sourced.  To increase accountability and competition for defence procurement, we recommend that the government amend legislation to establish a principle of open competition, with clauses to specifically address corruption risks and narrowly define cases of single source procurement. Exempted or single sourced items should include provisions for other forms of independent scrutiny.
  • Information on military procurement is not shared with the Federal National Council (FNC), or the Committee for Internal Affairs and Defence, neither of which is permitted to scrutinise defence purchases. While there is a State Audit Body, it does not publicly release its findings. To increase the independence and activity of procurement oversight mechanisms, State Audit reports should be published and the FNC given the power to scrutinise defence purchases.
  • It is unclear if there is an active audit function in the MoD. An independent internal audit function with sufficient resources, training and independence could help ensure that the budget is spent on arms and equipment that actually meet UAE’s strategic needs. We recommend that both internal and external audit findings be acted upon by a relevant enforcement body to maintain public trust in the defence sector. Furthermore, since 2012 the State Audit Body has been preparing a draft Anti-Corruption Law, this should be enacted without further delay.
  • The UAE releases no details on defence spending. To allow for effective civilian and parliamentary scrutiny, the government should publish a defence budget that includes detailed information on expenditure across functions including research & design, training, salaries, acquisitions, disposal of assets, maintenance and personnel expenditures.  
  • The Emirati government does impose legal restrictions on the use of agents and intermediaries in defence contracts however it is not clear if this law is subject to any oversight to ensure that it is not circumvented.  The Emirati government imposes no anti-corruption requirements in contracts with suppliers. To mitigate corruption risks connected to suppliers, agents, and intermediaries, we recommend that enacted procurement legislation should mandate what anti-corruption procedures and standards potential suppliers are required to demonstrate - such as compliance programmes and business conduct programmes - in order to be able to bid for work. These controls should be public and well known to potential suppliers.

Transparency and openness towards civil society

  • UAE places restrictions on freedom of assembly and association and has a variety of legal measures to inhibit the activities of civil societies, which it has used in recent years, including sanctions or replacing the board members of NGOS that criticise the authorities.
  • These restrictions should be lifted and the UAE government should allow a space in which civil society can operate freely and assist in formulating policies to enhance transparency and build integrity in the defence sector. This would send a strong signal that the defence sector is there to defend the state and serve the needs of the general population.
  • Unlike Saudi Arabia, Jordan, Tunisia and Iraq, the UAE government did not complete a government review of the 2015 GI research. We urge the government to take part in this dialogue during the next review. 

Leadership 30
01.
score
0

Is there formal provision for effective and independent legislative scrutiny of defence policy?

The UAE’s Federal National Council (FNC, al-Majlis al-Watani al-Ittihadi) represents the general Emirati people. The FNC consist of 40 members with advisory tasks in the house of the legislative council. Twenty members are elected by the citizens of the UAE through the general elections and the other half are elected by the electoral college and rulers of each of the seven emirates. According to the Constitution, federal draft laws first have to pass through the FNC for review and recommendations. Draft laws and amendments formed with help of specialized house committees are presented to the Council for discussion and later sent back to the Cabinet for consideration and approval. Under the constitution, the FNC is responsible for examining, and, if it wishes, amending, all proposed federal legislation, and is empowered to summon and question any Federal Minister regarding their Ministry’s performance. One of the main duties of the FNC is to discuss the annual budget.

The FNC functions as advisors to the Government, which is not required to accept any of the amendments proposed by the FNC. Although the FNC has a Committee for Internal Affairs and Defence (specializing in the discussion of draft laws and general topics referred by the Council which relate to security and defence), there is no evidence suggesting that this committee exerts an influence on wider defence policy. In addition, it is unclear how independent the FNC is from the government: there is no available information providing details of the officials named by the government and how much influence the executive exerts. For instance, the most recent defence-related legislation (on military service) has been debated behind closed doors, and military personnel were present at the FNC session which endorsed the proposed law.

Given the lack of formal oversight over defence policy, and the involvement of the military in some of the FNC's sessions, score 0 selected.

COMMENTS -+

Institutional website:
- Al-Majles Al-Shura official website; Federal National Council page [Arabic] http://www.almajles.gov.ae/Pages/FNCHome.aspx (accessed on April 15, 2014).

Media reports:
- &quoute;What is the Federal National Council?&quoute;, Gulf News; May 3, 2009 http://gulfnews.com/news/gulf/uae/government/what-is-the-federal-national-council-1.266221 (accessed on April 15, 2014)
- &quoute;FNC ENDORSES FEDERAL DRAFT LAW ON NATIONAL AND RESERVE SERVICE&quoute;, UAE Interact, March 27, 2014 http://www.uaeinteract.com/docs/FNC_endorses_federal_draft_law_on_national_and_reserve_service/60772.htm (accessed on April 15, 2014)
- &quoute;MILITARY SERVICE DRAFT LAW DEBATED IN CAMERA&quoute;, UAE Interact, March 26, 2014 http://www.uaeinteract.com/docs/Military_service_draft_law_debated_in_camera/60761.htm (accessed on April 15, 2014)

SOURCES -+

Opinion: Agree with Comments

Comment: Just to clarify, half of the FNC’s 40 members are appointed by the ruling family, while the other half are elected by a small portion of the electorate which is itself selected by the government (this collection of voters is termed the ‘electoral college’).

Less than 12% of the citizen population was selected to cast a vote in the most recent 2011 elections, and the government has released no information about how these individual voters are selected, beyond very basic requirements (citizenship, minimum age of 25, and in-country residence at the time of the election). Beyond this, it is unclear what makes individuals eligible to cast a vote or what government body determines their eligibility. Nor does the FNC “draft” legislation; it can offer amendments to legislation, which can be over-ruled by the executive.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

02.
score
1

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?

The UAE's Federal National Council (FNC) has a dedicated Committee for Internal Affairs and Defence
which specializes in the discussion of draft laws and general topics relating to security and defence which are referred to them by the FNC. Half of the FNC's members are elected, while the other half are appointed by the Government; thus the Council is not a fully independent authority.

While the FNC's members are publicly listed, a 2011 news article appears to indicate that many of the appointed members do not have a background in defence and security. From the government website (Al-Majles Al-Shura), it is not clear which of the FNC members belong to the Committee for Internal Affairs and Defence.

The FNC's position remains advisory, however, and its powers limited. The minutes from sessions that can be published on the Majles website do not contain information about the Committee's activities, or the extent of their powers.

All in all, it is thus unclear how much the Committee is able to exercise effective and efficient oversight.

Response to Peer Reviewer 1: Agreed, comments altered accordingly and sources added.

COMMENTS -+

Institutional website:
- Al-Majles Al-Shura, Federal National Council Committees [Arabic] www.almajles.gov.ae/AboutTheFNC/UndertheFNC/Pages/FNCCommittees.aspx (accessed April 15, 2014)

Media Sources
- Rym Ghazal. 14 November 2011. &quoute;20 appointed members named for the new FNC.&quoute; The National (UAE). http://www.thenational.ae/uae/government/20-appointed-members-named-for-the-new-fnc&quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: FNC members are identified by the government according to their candidacy (elected vs. appointed), and many FNC members that were elected to the body in 2006 were returned to the FNC through royal appointment in 2011. The membership of the Interior and Defence Committee is also publicly available.

The 2014 members include: Ahmed Al Ameri (Abu Dhabi), Obaid bin Rekad (UAQ), Khalifa Al Suwaidi (Abu Dhabi), Saeed Al Khatri (RAK), Dr Amal Al Qubaisi (Abu Dhabi), Dr Abdullah Al Shamsi (Ajman) and Ahmed Al Amash (RAK), Dr Yaqoub Al Naqbi (Sharjah).

Rym Ghazal. 14 November 2011. &quoute;20 appointed members named for the new FNC.&quoute; The National (UAE). http://www.thenational.ae/uae/government/20-appointed-members-named-for-the-new-fnc&quoute;

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

03.
score
1

Is the country's national defence policy debated and publicly available?

The UAE Minister of Defence is H.H. Sheikh Mohammed bin Rashid Al Maktoum, who also holds the posts of Vice President and Prime Minister.

There is no full national defence policy published on the ministry’s website (in either Arabic or in English). While the website contains news about officials’ activities, there is also no indication about press conferences or more open public debates regarding defence policy. However, some basic information about the UAE's defence policy is made available through embassy press releases, or official sources such as the Media Archives of the UAE-US embassy website (see links above).

This information only mentions broad details of these policies - greater specificity is not publicly available. The country’s national English and Arabic language media platforms also mention no explicit details regarding defence and/or security policy.

Such information as is provided comes from the government - there was no publicly available information suggesting that the defence policy is influenced by public debate.



Response to Peer Reviewer 1:
I agree that there may be changes in the visibility given to these forthcoming documents. Such visibility has not, however, been given: no reports were identified dated 2015 where details of the UAE defence policy/strategy/doctrine are disclosed. The link provided by Peer Reviewer 1 is on the military service law, not on a national defence policy.
However score challenge valid, increased from 0 to 1.

COMMENTS -+

Institutional websites:
- Ministry of Defence website http://www.mod.gov.ae/ar/ (Accessed April 15, 2014)
- &quoute;United Arab Emirates and U.S. Central Command host counter-WMD exercise&quoute;, US Central Command, February 6, 2013 http://www.centcom.mil/en/news/press-releases/united-arab-emirates-and-u.s.-central-command-host-counter-wmd-exercise (Accessed April 15, 2014)
- &quoute;Joint Statement by the United States and the United whatArab Emirates&quoute;, The White House Press Release Section, April 16, 2013 http://www.whitehouse.gov/the-press-office/2013/04/16/joint-statement-united-states-and-united-arab-emirates (Accessed April 15, 2014)
- &quoute;U.S., UAE Plan to Wrap Up Major Arms Deal&quoute;, defence News, Apr. 25, 2013 http://www.defencenews.com/article/20130425/DEFREG04/304250011/U-S-UAE-Plan-Wrap-Up-Major-Arms-Deal (Accessed April 15, 2014)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of 1 instead of 0, as parts of UAE's defence policy are publicly available. (This would include things like changes to military conscription law; strategic arms purchases; talks with Iran; etc.) These details may indeed be vague and/or incidental, but it is clear that a policy does exist and limited information is released to the public.

Samir Salama. “FNC to debate UAE military service draft law.” 22 March 2014. GulfNews. http://gulfnews.com/news/gulf/uae/government/fnc-to-debate-uae-military-service-draft-law-1.1307260

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The MOD is in the process of writing its first National Defence Policy, which set out the priorities for long term joint military capability development. It is possible that excerpts will be made publicly available over the next year or so, as the Ministry becomes more confident in this space.

Suggested score:

Researcher + Peer Reviewer-+

04.
score
0

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?

Freedom House states that the UAE government ‘places restrictions on freedoms of assembly and association’ (Freedom House, 2014). CSOs that do exist have to be registered with the government, upon which they receive state subsidies; Freedom House further states that those organisations calling overtly for political change have faced sanctions and had board members replaced.

Within this general climate, there is little evidence of defence institutions openly involving CSOs in internal issues, and according to the UNDP Programme of Governance in the Arab Region, no civil organisation working with anti-corruption is active in the UAE. There is no evidence of any engagement with CSOs by defence institutions on topics other than corruption either.

COMMENTS -+

Media reports:
- &quoute;BUSINESS ANTI-CORRUPTION PORTAL: UAE&quoute; http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/united-arab-emirates/show-all/ (accessed on April 15, 2014).
- &quoute;Freedom in the World: The United Arab Emirates&quoute;, Freedom House, 2014, https://freedomhouse.org/report/freedom-world/2014/united-arab-emirates#.VXVp6Fx_Oko, accessed 8 June 2014

SOURCES -+

Opinion: Agree with Comments

Comment: NGOs and CSOs that focus on political rights or civil liberties are frequently targeted by the regime, according to Freedom House, which also asserts that the regime has interfered with the leadership of prominent NGOs and professional associations by removing vocal proponents of reform and replacing these individuals with regime loyalists.

Regular members are routinely harassed and imprisoned. In 2011, after 130 activists and prominent intellectuals signed an open letter calling for reform, several of the most outspoken reform advocates were arrested and convicted of “insulting the country’s leaders” (though they were later pardoned), and several more were stripped of their citizenship. In 2012-2013, more than 94 activists, reform advocates, and lawyers were arrested, while several NGOs and academics were expelled from the country. 69 of those arrested were convicted and sentenced to prison for terms ranging from 7 to 15 years on charges of harming state security. Their trials were widely viewed as illegitimate and heavily criticized for irregularities.

UAE Profile. Freedom House. 2014. https://freedomhouse.org/report/freedom-world/2014/united-arab-emirates#.VMb3BmTF_vQ

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: It is possible that approaches by international NGOs to work with the MoD and the Armed Forces to establish anti-corruption procedures may be positively received. The country has recently shown that it wishes to learn from international best practice, and could well apply it to their own functions if persuaded.

Suggested score:

Researcher + Peer Reviewer-+

05.
score
2

Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)

The UAE have signed and ratified the UNCAC, the United Nations Convention against Transnational Organized Crime and the Arab Anti-corruption Convention but have not signed up to the OECD Convention on Corruption nor are they participants in the OECD Working Group on Bribery in International Business Transactions.

The State Audit Institution has been preparing a draft law to fight corruption since 2012 in line with these signed treaties, and despite announcements that the law would be passed in the first half of 2013, there have not been additional public updates on this, which would bring the UAE more in line with international anti-corruption standards. In addition, the government does not issue regular audits of state spending, the public procurement process lacks full transparency, and access to information by the media and citizens remains limited.

The UNCAC Implementation Review Group met in Panama City (26-27 November 2013) and the report on the UAE lists an important number of challenges ahead (pp. 8-9). Importantly, the report also asserts that &quoute;the following institutions are involved in anti-corruption policies or discharge anti-corruption functions: the Ministries of Justice, Interior, Foreign and Finance; the Public Prosecution; the State Audit Institution; and the Central Bank.&quoute; This implies that the defence sector so far remains unconcerned with implementing UNCAC provisions in relevant legislation.

COMMENTS -+

Institutional website:
- United Nations Convention against Corruption Signature and Ratification Status as of 2 April 2014 http://www.unodc.org/unodc/fr/treaties/CAC/signatories.html (Accessed April 15, 2014)
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions http://www.oecd.org/corruption/oecdantibriberyconvention.htm (Accessed April 15, 2014)

Media reports:
- &quoute;Federal anti-corruption law in UAE expected in six months&quoute;, The National UAE, January 20, 2013 http://www.thenational.ae/news/uae-news/federal-anti-corruption-law-in-uae-expected-in-six-months (Accessed April 15, 2014)
- &quoute;UAE's anti-corruption measures praised&quoute;, The National UAE, January 10, 2013 http://www.thenational.ae/news/uae-news/uaes-anti-corruption-measures-praised (Accessed April 15, 2014)
- &quoute;UAE INTRODUCED RAFT OF ANTI-CORRUPTION MEASURES: AL AWADI&quoute;, UAE Interact, March 17, 2013 http://www.uaeinteract.com/docs/UAE_introduced_raft_of_anti-corruption_measures_Al_Awadi/54058.htm (Accessed April 15, 2014)
- &quoute;UAE'S ZERO TOLERANCE POSITION ON CORRUPTION AND BRIBERY PAYS RICH DIVIDENDS&quoute;, UAE Interact, January 14, 2014 http://www.uaeinteract.com/docs/UAEs_zero_tolerance_position_on_corruption_and_bribery_pays_rich_dividends/59409.htm (Accessed April 15, 2014)
- &quoute;Corrupt money hides in Dubai, officials turn blind eye – Eva Joly&quoute;, Trust.org, 13 Dec 2013 http://www.trust.org/item/20131213143038-zrhlb/?source=dpagehead (Accessed April 15, 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

06.
score
1

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

Big defence-related stories are reported in local and regional English and Arabic language newspapers based in the UAE (see Khaleej Times and The National links above) following information released by the government; however, there is little evidence of fierce public debate surrounding these issues.

No evidence was found suggesting that press conferences are held by the state to disseminate such information and/or allow a dialogue between the government and journalists.

All in all, most detailed information relating to defence cooperation or business comes from outside the UAE, e.g. through the UAE-US Embassy website and Tumblr (see links above) or through the foreign media.

COMMENTS -+

Institutional websites:
- A Tumblr Post on a documentary relating to a group of Emirati F-16 fighter pilots, Official Tumblr page of the Embassy of the United Arab Emirates in Washington, DC; February 21, 2014 http://uaeembassyus.tumblr.com/post/77384146130/the-uae-and-us-armed-forces-regularly-cooperate
- A Tumblr Post on the meeting between the U.S. Department of State Sec. John Kerry and the UAE Crown Prince of Abu Dhabi and Deputy Supreme Commander of the Armed Forces, Official Tumblr page of the Embassy of the United Arab Emirates in Washington, DC; February 18, 2014 http://uaeembassyus.tumblr.com/post/77092176402/u-s-department-of-state-sec-john-kerry-met-with
- &quoute;Remarks in Abu Dhabi on First Leg of Middle East Trade Mission&quoute;, US Dept of Commerce Press Release, March 9, 2014 http://www.commerce.gov/news/secretary-speeches/2014/03/09/remarks-abu-dhabi-first-leg-middle-east-trade-mission (accessed 8 June 2015)

Media:
- &quoute;U.S., UAE Plan to Wrap Up Major Arms Deal&quoute;, defence News, Apr. 25, 2013 http://www.defencenews.com/article/20130425/DEFREG04/304250011/U-S-UAE-Plan-Wrap-Up-Major-Arms-Deal (accessed 8 June 2015)
- &quoute;UAE takes part in joint Arab military force talks in Cairo&quoute;, Khaleej Times, May 24, 2015, http://www.khaleejtimes.com/nation/inside.asp?xfile=/data/government/2015/May/government_May47.xml§ion=government (accessed 8 June 2015)
- &quoute;UAE and Germany set up joint fund to rebuild after ISIL&quoute;, The National, 3 June 2015, http://www.thenational.ae/world/middle-east/uae-and-germany-set-up-joint-fund-to-rebuild-after-isil (accessed June 8 2015)
- Ola Salem. 2 January 2014. “FNC demands answers on delay in UAE officers’ medals of honour.” The National (UAE). http://www.thenational.ae/uae/government/fnc-demands-answers-on-delay-in-uae-officers-medals-of-honour&quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: The public summoning of government ministers by the FNC to answer questions on defence and security related issues would be one way that the public could be involved in policy debates. However, on the rare occasions when this has occurred, it has been for superficial issues only tangentially related to issues of defence or security policy, such as when an FNC member summoned the Interior Minister to answer questions related to delays in the delivery of medals and pensions to former servicemen. (See The National article).

UAE-based think tanks (such as INEGMA) do publish on defence-related issues and occasionally host public forums, but these do not typically critique official defence or security policy. INEGMA's website indicates that there is participation of government officials in events such as security conferences, which further supports the score (http://www.inegma.com/p_events/34/Middle-East-Special-Operations-Commanders-Conference--MESOC-2014-)

Ola Salem. 2 January 2014. “FNC demands answers on delay in UAE officers’ medals of honour.” The National (UAE). http://www.thenational.ae/uae/government/fnc-demands-answers-on-delay-in-uae-officers-medals-of-honour

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is some press coverage of defence issues in papers such as The National, although the flow is generally one-way: the local press is very uncritical of government policy and simply reports the facts as presented. It is possible that the MOD will increasingly find its feet in the area of strategic communications and appoint a press spokesperson over the next 1-2 years; at present however, most, if not all, media relations work is led by GHQ.

Suggested score:

Researcher + Peer Reviewer-+

07.
score
1

Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?

No clearly outlined anti-corruption policy for the defence sector was identified in either institutional or media sources, and it remains unclear whether such a policy is being considered by the defence sector at present.

That said, the State Audit Institution has been preparing a draft law to fight corruption since 2012 and despite announcements that the law would be passed in the first half of 2013, there have not been additional public updates on this (The National, 2013).

In addition, there is no evidence suggesting that the government issues regular audits of state spending, the public procurement process lacks full transparency and is undisclosed, and access to information by the media and citizens remains limited, meaning there is little likelihood of an anti-corruption policy being enacted soon.

Response to Peer Reviewer 1
Agree, score increased from 0 to 1.

Response to Peer Reviewer 2
Score is based on publicly available evidence.

COMMENTS -+

Institutional reports:
N/A

Media sources:
- &quoute;Federal anti-corruption law in UAE expected in six months&quoute;, The National, January 20, 2013, http://www.thenational.ae/news/uae-news/federal-anti-corruption-law-in-uae-expected-in-six-months, accessed June 8, 2015

Other sources:
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;1.&quoute;

When a UAE customs chief was arrested for corruption in 2001 and the State Audit Institution (SAI) confirmed that such activity was widespread, corruption became topic of common discussion. In June 2012, UAE President Sheikh Khalifa Bin Zayed announced a request that the SAI draft the country’s first anticorruption law. Although media reports in 2013 suggested the law was imminent, it has still not been formally drafted or debated. Beyond the general prohibitions on bribery and the use of intermediaries contained in UAE Federal Decree No. 12 (aka the Federal Armed Forces Tenders and Auctions Law of 1986) and the so-called Khalifa Directive, there is no policy that pertains specifically to the defence sector. Nor is there any evidence that such a policy is actively implemented.

The only mentions of legal action taken against anyone for charges of corruption or bribery in the context of the defence or security establishment concern non-Emirati citizens who are not themselves military officers or civilian defence bureaucrats. In one instance, a Jordanian engineer was sentenced to fines and two years in prison for taking bribes from a firm that was competing for a tender with the UAE Armed Forces. The engineer, who worked for another firm that handled contracts for the UAE Armed Forces, claimed he confessed under torture, but these allegations were dismissed. The case was initially heard in a military court, but was subsequently transferred to criminal court.

“Engineer took bribe to help firm secure army contract bid.” http://7daysinabudhabi.com/2014/12/21/engineer-took-bribe-to-help-firm-secure-army-contract-bid/

Colin Simpson, “Federal Anti-Corruption Law in UAE Expected in Six Months,” The National (Jan 20, 2013), available at http://www.thenational.ae/news/uae-news/federal-anti-corruption-law-in-uae-expected-in-six-months.

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: It might not be openly stated, but from personal interactions with members of the military, it appears that anti-corruption measures are in place, that mitigating actions are put in place to minimise risks and that severe consequences can be expected if malpractice is uncovered.

For example, one officer told of how he had to undergo extra background financial & security checks when he was the budget holder for a large procurement project. None of the definitions for the points quite fit this description as the policy is not openly stated, but a score of 2 is probably the closest fit.

Suggested score: 2

Researcher + Peer Reviewer-+

08.
score
2

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

The Defence Ministry does have an Anti-Corruption Unit, but details about its work do not featured on the Ministry's website and there is little evidence regarding how effective the Unit is. It is also unclear how the State Audit Institution (claiming on its website to audit the Ministry of Defence as well) and this Unit interact.

Internal security forces seem to be organised on an Emirate-specific basis, with differing institutions for each of the seven emirates. There seem to be dedicated structures to investigate corruption -- for example, the Ministry of Interior of Abu Dhabi has two institutions tasked to investigate corruption: the General Inspector's Office and the Preventive Security Department. Those structures are thus probably only tasked with investigating corruption within Abu Dhabi rather than across all of the Emirates, how effective this structure is, if at all, is unclear. There is no evidence to suggest they are suitably staffed or funded.

There is no publicly available evidence to allow an appreciation of the remits of the aforementioned groups in tracking and countering corruption.

COMMENTS -+

Institutional reports:
- Ministry of Defence http://www.mod.gov.ae/en/ (accessed 15 April, 2014)
- United Nations Development Programme in the Arab States http://arabstates.undp.org/rbas/en/home.html (accessed 15 April, 2014)
- State Audit Authority http://saiwb1.saiuae.gov.ae/English/Pages/default.aspx (accessed 15 April, 2014)

Media reports:
- &quoute;14 government officials arrested for corruption&quoute;, Gulf News, February 18 2001 http://gulfnews.com/14-government-officials-arrested-for-corruption-1.415529 (article from 2001, accessed 15 April 2014)
- &quoute;Dubai customs chief arrested for corruption&quoute;, Gulf News, February 11, 2001 http://gulfnews.com/dubai-customs-chief-arrested-for-corruption-1.415018 (article from 2001, accessed 15 April 2014)

Research:
- &quoute;Arab Political Systems: Baseline Information and Reforms&quoute;, Carnegie Endowment Resources, MARCH 6, 2008 http://www.carnegieendowment.org/2008/03/06/arab-political-systems-baseline-information-and-reforms/2nn (accessed 15 April, 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Ministry is in the process of developing an Inspector General function whose mandate will also encompass anti-corruption issues. However, given that GHQ still has financial control over any MOD anti-corruption unit, the Unit's independence may be compromised.

Suggested score:

Researcher + Peer Reviewer-+

09.
score
3

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

There were no public sources or polls which specifically discussed the defence sector with respect to public trust in fight against corruption. The Edelman Trust Barometer 2014 reflects trust in the government, but its methodology is unclear. The Global Competitiveness report also ranks the UAE well (3rd place) but it is in terms of investment trust rather than the defence sector. Both surveys seems to concentrate on educated, wealthy individuals, making it unclear whether a wide scope of residents, or only citizens, of the UAE were interviewed for these surveys.

Local newspapers have little information about public views on corruption and even less on specifically defence-related corruption. Most of the news articles are in praise of &quoute;open economy&quoute;, &quoute;stable economy&quoute;, but do not address public and/or defence-related integrity.

Informal discussions with Emiratis entrepreneurs during various events confirm my initial findings and those of Peer Reviewer 1. Given this information, the criteria framed above are difficult to evaluate as they focus on defence. If the appreciation is based on these informations only and taken with caution, a score of 3 seems suitable.

COMMENTS -+

Institutional reports:
N/A

Media reports:
- &quoute;UAE anti-corruption efforts 'good, but not good enough', says professor&quoute;, The National UAE, January 15, 2013 http://www.thenational.ae/news/uae-news/uae-anti-corruption-efforts-good-but-not-good-enough-says-professor (accessed 15 April 2014)
- &quoute;Dubai lawyer keeps a watchful eye on corruption&quoute;, The National UAE, April 30, 2014 http://www.thenational.ae/business/industry-insights/the-life/dubai-lawyer-keeps-a-watchful-eye-on-corruption (accessed 15 April 2014)

Research reports:
- The Edelman Trust Barometer 2014 http://www.edelman.com/insights/intellectual-property/2014-edelman-trust-barometer/about-trust/global-results/ (accessed 15 April 2014)
- &quoute;The Global Competitiveness Report 2013 - 2014&quoute;, World Economic Forum http://www.weforum.org/reports/global-competitiveness-report-2013-2014 (accessed 15 April 2014)

SOURCES -+

Opinion: Agree with Comments

Comment: I spoke with a worker that had lived in the UAE where they worked for an organization that regularly dealt with issues related to the domestic defence establishment. It was their opinion that corruption in this sector was not considered prevalent or problematic by their Emirati colleagues.

1. Interviewee 1 - Member of a Think Tank, 28th February 2015 via email

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

10.
score
0

Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?

There is no evidence that an assessment of defence-related corruption risk has occurred. Neither the Ministry of Defence or State Audit Institution website has published information suggesting that such an assessment has taken place.

Response to Peer Reviewer 2:
I appreciate Peer Reviewer 2's confidence that the UAE government will conduct corruption risk assessment in the future. I cannot however accept the alleged &quoute;strong anecdotal evidence&quoute; the Peer Reviewer emphasises , and the probable possible future establishment of an function as evidence for past corruption risk assessments and mitigating procedures as score '3' requires it. Lastly, a score of 3 would be too high given the lack of publicly available evidence. Since no evidence satisfying a score change has been provided, the score of '0' remains unchanged. Score maintained.

COMMENTS -+

Institutional reports:
- Ministry of Defence www.mod.gov.ae (accessed on 15 April, 2014)
- State Audit Institution website http://saiwb1.saiuae.gov.ae/English/Pages/default.aspx (accessed on 15 April, 2014)
- US State Dept Assessment of human rights for 2012 for the UAE http://www.state.gov/j/drl/rls/hrrpt/2012humanrightsreport/index.htm?year=2012&dlid=204387#wrapper (accessed on 15 April, 2014)
- US State Dept Assessment of human rights for 2013 for the UAE http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013#wrapper (accessed on 15 April, 2014)

Media reports:
N/A

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: As I highlighted in a previous question, there is strong anecdotal evidence that such measures apply across the defence sector, particularly when large procurement projects are involved. The MOD is also in the process of establishing an independent Inspector General function which will have statutory powers to conduct investigations and audits. There are positive indications here, which probably justifies a score of 3.

Suggested score: 3

Researcher + Peer Reviewer-+

11.
score
0

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

The US State Department's &quoute;2013 Investment Climate Statement&quoute; reports that government tendering does not follow generally accepted international standards; re-tendering is the norm instead.

Furthermore, the Bertelsmann Foundation Transformation Index 2014 states that there is a lack of transparency in the procurement processes: &quoute;The government does not conduct regular audits of state spending, the public procurement process lacks full transparency, and access to information by the media and citizens remains limited. The fact that much public and private business is conducted at a personal level means that stamping out corruption will continue to be an issue for the UAE. The commitment also appears to lessen when potential cases involve members of the ruling family.&quoute;

There are no media reports from the past few years which explore corrupt practices in the awarding of government contracts. This cannot, however, be taken as a sign that no such practices exist -- they might as well exist but not be reported upon in the media.

Lastly, legislation (if any) which governs the public procurement process is difficult to find. It is available in neither Arabic nor English on ministry websites. The only information available on requirements for public contracting was found through the UAE Interact platform but this does not provide full details on the process. Similarly, no resources describing acquisition planning were identified, and no mention of it was found among the sources cited above. It also remains unclear whether any oversight is provided in this domain.

Overall, as there is no set, defined process for acquisition planning, and a lack of clarity over accountability and oversight, a score of '0' seems most appropriate.

Response to Peer Reviewer 2:
Although Peer Reviewer 2 provides an insightful comment, it lacks concrete and verifiable sources to support it. It is thus difficult to agree with the request to upgrade the score to '2'. In the absence of tangible and solid evidence to support the careful acquisition planning that Peer Reviewer 2 describes, the score remains unchanged. Score maintained.

COMMENTS -+

Institutional reports:
- US State Department &quoute;2013 Investment Climate Statement&quoute; http://www.state.gov/e/eb/rls/othr/ics/2013/204755.htm (accessed on 15 April 2014)

Media reports:
N/A

Research & other reports:
- Bertelsmann Foundation Transformation Index 2014 | UAE Country Report http://www.bti-project.org/reports/country-reports/mena/are/2014/index.nc (accessed on 15 April 2014)
- Public Sector Procurement , UAE Interact http://www.uaeinteract.com/business/public.asp (accessed on 15 April 2014)

SOURCES -+

Opinion: Agree with Comments

Comment: There are a number of defence-acquisition professionals in the Emirates, primarily within a company called Knowledge Point, which is a subsidiary of the state-owned Emirates Advanced Investments. Judging by the LinkedIn profiles of employees of Knowledge Point, many of them have decades of experience in public sector acquisition planning and oversight of major weapons systems, and currently work with the UAE Armed Forces on similar issues. (Many are retired U.S. Military).

However, the relationship between Knowledge Point and the Ministry of Defence is unclear, and to what degree this is part of a formal oversight mechanism is also unclear.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There is a defined process but it is not transparent publicly. The defence sector puts thought into acquisition - actions such as balancing the international sources of supply to ensure they are not overly reliant on one country - and they are effective at negotiating hard a good deal. Essentially, if the services can convince the national leadership that there is a compelling defence need to purchase the equipment or services, then they will write the cheque. But they are careful to take expert advice, consider the long term implications and have a good track record of making wise decisions.

Suggested score: 2

Researcher + Peer Reviewer-+

12.
score
0

Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.

Neither the Ministry of Finance nor the Ministry of Defence publishes information on the defence budget. No related reports were identified in media articles or other publicly available sources.

COMMENTS -+

Institutional reports:
- Ministry of Finance, 'Reports and Graphs' section http://www.mof.gov.ae/En/Budget/FederalBudget/Pages/ReportsandGraphs.aspx (accessed 15 April 2014)
- Ministry of Finances, 'Budgeting' section http://www.mof.gov.ae/En/Budget/Pages/ZEROBudgeting.aspx (accessed 15 April 2014)
- Ministry of Defence [English] http://www.mod.gov.ae/en/ (accessed 15 April 2014)
- &quoute;2005/2006 Report to Congress on Allied contributions to the Common defence: UAE Submission&quoute; January 29, 2006. http://www.wikileaks.org/plusd/cables/06ABUDHABI288_a.html

Media reports:
N/A

SOURCES -+

Opinion: Agree with Comments

Comment: It is true that the government releases no information on the defence budget; the only information comes from private sector and business intelligence estimates, which put the UAE's most recent defence budget at $14 billion. Estimates revealed in a 2006 US embassy cable obtained by Wikileaks reported that $2 billion was estimated to be spent on salaries and &quoute;fixed costs&quoute; in the 2004-2005 budget, while the rest likely went to equipment procurement and maintenance.

&quoute;2005/2006 REPORT TO CONGRESS ON ALLIED CONTRIBUTIONS TO THE COMMON defence: UAE SUBMISSION.&quoute; January 29, 2006. http://www.wikileaks.org/plusd/cables/06ABUDHABI288_a.html

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

12A.
score
0

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?

The Federal National Council (FNC) holds an advisory role to the Government - while it can review and suggest amendments for state policies, the government is not obliged to accept these. Although the FNC has a Committee for Internal Affairs and Defence to discuss draft laws and general topics related to security and defence, there is no evidence the FNC exerts a strong influence on wider defence policy. Examples of the Committee's actions during the survey period have been linked to above (see 'Media' sources).

The brief by Law Teacher details their role on functions and budgets, specifying that the Committee for Internal Affairs and Defence &quoute;[concentrates on] debating the draft laws and the conventional subjects referred by FNC and related to defence and security issues. The Financial, Economic and Industrial Affairs Committee are concentrated in debating draft laws and conventional issues referred by FNC related to economic, financial and industrial issues. The committee is authorized to debate on final accounts of the federal department and the ministers, as well as to review and inspect the UAE State Audit Institution’s Report.&quoute;

Thus, the Defence Committee itself does not appear tasked to review and investigate defence budgets. As the piece highlights, it appears that the FNC can only exert advisorial oversight on the general national budget.

The score of 0 thus seems to most accurately reflect the situation.

COMMENTS -+

Institutional reports:
- Al-Majles Al-Shura website http://www.almajles.gov.ae/ (accessed on 15 April 2014)

Media reports:
- &quoute;FNC holds fourth ordinary session&quoute;, Gulf News, Oct 26, 2014 vhttp://gulfnews.com/news/gulf/uae/government/fnc-holds-fourth-ordinary-session-1.1404207 (accessed 26 Nov 2014)
- &quoute;FNC’s Internal Affairs Discusses Amendment of some Provisions of Population Register and ID Card Law&quoute;, Emirates Identity Authority, 9 Jun 2014 http://www.id.gov.ae/en/media-centre/news/2014/6/9/fncs-internal-affairs-discusses-amendment-of-some-provisions-of-population-register-and-id-card-law.aspx

Others:
- &quoute;Role of the Federal National Council&quoute;, Law Teacher http://www.lawteacher.net/administrative-law/essays/role-of-the-federal-national-council-administrative-law-essay.php

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

12B.
score
0

Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?

Neither the Ministry of Finances nor the Ministry of Defence publishes information on defence budget, and no media reports were found which quote defence budget figures provided by the Ministry. The latter observation might suggest that there is no information on it released to the public. As mentioned in subsequent questions, information is considered 'classified' by default; albeit the possibility to file requests for information, these are never responded to (see question 29).

There are, however, various media reports which estimate defence spending based on independent reports, but do not provide much in-depth detail. For example, according to a mention in a Gulf News piece from summer 2013, the UAE have an estimated defence budget of 10 billion USD, but the article did not establish which year the figure referred to, nor the provenance of the information, which firms such as Frost and Sullivan provide regional analysis on defence spending (Gulf News, 2010).

The lack of information published by the government on this matter means that '0' is the most suitable score here.

COMMENTS -+

Institutional reports:
- Ministry of Finance, 'Reports and Graphs' section http://www.mof.gov.ae/En/Budget/FederalBudget/Pages/ReportsandGraphs.aspx (accessed 15 April 2014)
- Ministry of Finances, 'Budgeting' section http://www.mof.gov.ae/En/Budget/Pages/ZEROBudgeting.aspx (accessed 15 April 2014)
- Ministry of Defence [English] http://www.mod.gov.ae/en/ (accessed 15 April 2014)

Media reports:
- &quoute;Security spending rises as GCC nations upgrade systems&quoute;, Gulf News, November 17, 2013 http://gulfnews.com/gn-focus/dubai-air-show/security-spending-rises-as-gcc-nations-upgrade-systems-1.1254613 (accessed 15 April 2014)
- &quoute;GCC defence bill to hit $68b next year&quoute;, Gulf News, December 19, 2010, http://gulfnews.com/business/sectors/investment/gcc-defence-bill-to-hit-68b-next-year-1.732334, (accessed June 8, 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

13.
score
0

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

Neither the Ministry of Finance nor the Ministry of Defence publishes information on the defence budget or defence income, with no related reports identified in the local media either. The scarce information available was identified through foreign publications, which indicate defence income trends are increasing.

COMMENTS -+

Institutional reports:
- Ministry of Finances, 'Reports and Graphs' section http://www.mof.gov.ae/En/Budget/FederalBudget/Pages/ReportsandGraphs.aspx (accessed 15 April 2014)
- Ministry of Finances, 'Budgeting' section http://www.mof.gov.ae/En/Budget/Pages/ZEROBudgeting.aspx (accessed 15 April 2014)
- Ministry of Defence [English] http://www.mod.gov.ae/en/ (accessed 15 April 2014)

Media reports:
- &quoute;How the UAE Defence Sector is Evolving from Importer to Exporter&quoute;, Bluestoneme, January 4, 2014 http://bluestoneme.com/2014/01/04/how-the-uae-defence-sector-is-evolving-from-importer-to-exporter/ (accessed 15 April 2014)
- &quoute;Emirates builds its own defence industry&quoute;, UPI, March 18, 2013 http://www.upi.com/Business_News/Security-Industry/2013/03/18/Emirates-builds-its-own-defence-industry/UPI-77731363633569/ (accessed 15 April 2014)

SOURCES -+

Opinion: Agree with Comments

Comment: The issue of income from defence exports is particularly tricky, as many UAE-based defence firms have complex ownership structures. Firms may have many shareholders/investors including sovereign wealth funds, private citizens, and funds operated by members of the Royal Family as personal investment vehicles. Even when such operations are primarily state-owned the income they generate is not publicly accounted for - what percentage may be paid out to shareholders and dividends or re-invested in the firms either privately or through state spending is unknown.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

14.
score
0

Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?

There have been reports that the Defence Ministry includes an Anti-Corruption Unit tasked to investigate corruption internally. Similar specialised units are said to exist in police departments as well, but there are no public reports available on the Defence Ministry website which reports in detail on the work of the Anti-Corruption Unit, or the role they play in internal auditing.

Response to Peer Reviewer 1:
Peer Reviewer 1 asks for a score upgrade but does not provide solid evidence to support it. I agree that individuals exist and can be identified on professional social networks as corresponding to activities similar to the ones outlined in the question here. But these profiles do not serve as sufficient proof for the existence of a process internal audit of defence ministry expenditure, and nor are they an indication of efficiency. Peer Reviewer 1 him/herself that &quoute;the audits do not cover things like procurement budgets&quoute;. Score thus remains unchanged.
Score maintained.

COMMENTS -+

Institutional reports:
- Ministry of Defence [English] http://www.mod.gov.ae/en/ (accessed 15 April 2014)

Others:
- &quoute;BUSINESS ANTI-CORRUPTION PORTAL: UAE&quoute; http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/united-arab-emirates/initiatives/public-anti-corruption-initiatives.aspx (accessed 15 April 2014)
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: There are online employment profiles that suggest there are individuals within the government's auditing institutions tasked with performing audits of the Ministries of Defence and Interior. This individual lists the Ministries of Defence and Interior as well as the General Headquarters Of Abu Dhabi Police as subjects of previous audits. However, all other clients listed by this individual are state-owned commercial enterprises, not non-profit government agencies. (Emirates Telecommunication Corporation/ETISALAT; Emirates Media/Abu Dhabi TV; Emirates Investment Authority; Emirates Management Services; Emirates Industrial Bank; Real Estate Bank).

This seems strange, as commercial enterprises would necessarily have different auditing standards than public service agencies like the police and the army. This individual cites the following materials as the source of his audit reports: &quoute;returns, assets and liability managements, investment portfolios, pension fund, books records and supporting documents.&quoute; This list would also seem to suggest that the audits do not cover things like procurement budgets, which would necessarily be the items most open to abuse. Nonetheless, this does seem to suggest there is at least some form of internal audit, even if it lacks validity.

One of these profiles is here: https://www.linkedin.com/pub/shehab-hassan/10/267/45a

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Currently the MOD does not control defence expenditure (beyond that needed to run its own internal management processes etc). This is the responsibility of GHQ. I am sure GHQ has some internal audit procedures in place but I have no visibility of them.

Suggested score:

Researcher + Peer Reviewer-+

15.
score
1

Is there effective and transparent external auditing of military defence expenditure?

The State Audit Institution’s (SAI) is an “independent authority reporting to the FNC” (SAI website, linked above) whose duties include audits of the Ministry of Defence. The SAI also used to have a general strategic plan for auditing (not specific to the defence sector but spanning the government).

Thus, although the SAI is supposedly responsible for auditing the Defence Ministry, none of the resulting reports are made available on the Institution's website, meaning it is hard to know how effective their audits are. No media reports were identified on this topic either.

A low score has been awarded to this indicator to reflect that, despite being tasked with auditing defence institutions, there is no evidence the the SAI carries out such audits. No publicly available sources (media or institutional reports) were identified which clarify whether or not the SAI undertakes audits of defence institutions despite being tasked with doing so.

COMMENTS -+

Institutional reports:
- State Audit Institution [English] http://saiwb1.saiuae.gov.ae/English/Pages/default.aspx
- State Audit Institution, &quoute;Authorities Subject to Control&quoute; http://saiwb1.saiuae.gov.ae/English/Pages/whoweaudit.aspx (accessed 15 April 2014)
- State Audit Institution Strategic Plan http://saiwb1.saiuae.gov.ae/English/abousai/Pages/Strategicplan.aspx?menuid=1 (accessed 15 April 2014)

Media reports:
- &quoute;State Audit Institution Requests Recovery of One Billion Dirham.&quoute; 18 January 2015. http://saiuae.gov.ae/English/News/Pages/N19012015.aspx &quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: The SAI recently published a brief memo on its institutional website that reported nearly 1 billion AED in budgetary discrepancies revealed through its annual audits of state ministries and 'independent service authorities' (for-profit entities that perform contracted government services). These discrepancies included expenditures that exceeded what was recorded in the institutions' budgets as well as the non-collection of revenues (fees, fines, etc.). The vast majority (864 million of the 1 billion AED) of the discrepancies found by the SAI came from the 'independent service authorities,' not the official government ministries.

However, as the assessor notes, there is absolutely no mention of the actual institutions that were identified for misappropriation of funds, and the only sanction mentioned is the request from SAI that the institutions &quoute;recover and collect&quoute; the missing funds to comply with the decrees and regulations handed down by the Cabinet and the Ministerial Council for Services.

&quoute; State Audit Institution Requests Recovery of One Billion Dirham.&quoute; 18 January 2015. http://saiuae.gov.ae/English/News/Pages/N19012015.aspx

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

16.
score
0

Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?

In common to other Gulf states, there is little distinction between the military and executive branches and there is no clear rule barring defence institutions or personnel from engaging in business ventures for example involving oil and gas.

There are several state-owned companies in the UAE which deal with both natural resources and defence sector work (see media sources highlighted above). In addition, it is not unusual for government officials to have shares in these different business ventures. However, there is no evidence which establishes a clear connection between defence institutions and businesses associated with natural resource exploitation in the UAE.

Thus, either these do not exist at all (which is unlikely, given the extent of state involvement in both the defence and the extractive domains) or such controlling activities/financial interests exist but are not publicly stated or subject to scrutiny.

COMMENTS -+

Institutional resources:
- &quoute;Oil and Natural Gas&quoute;, in Helem Chapin Metz, ed. Persian Gulf States: A Country Study. Washington: GPO for the Library of Congress, 1993. http://countrystudies.us/persian-gulf-states/85.htm (accessed 10 May 2014)
- &quoute;Doing Business in the UAE&quoute;, UAE Embassy in Washington DC, Trade and Commercial Office http://www.uaetrade-usa.org/index.php?page=uae-economy&cmsid=105 (accessed 10 May 2014)

Media sources:
- &quoute;U.A.E. Appoints Energy Minister, Replaces Eight-Year Veteran&quoute;, Bloomberg, Mar 12, 2013 http://www.bloomberg.com/news/2013-03-12/u-a-e-appoints-new-energy-minister-replaces-eight-year-veteran.html
- &quoute;UAE merger creates defence services, manufacturing company&quoute;, Reuters, Dec 2, 2014 http://www.reuters.com/article/2014/12/02/emirates-defence-ma-idUSL6N0TM33820141202
(accessed 9 Dec 2014)
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: The UAE's sizeable defence expenditures have generated equally large offset obligations from foreign defence firms, many of which fulfilled these obligations by capitalizing a handful of state-owned investment vehicles, including Mubadala, Tawazun, and the Alfia Fund.

Some of these funds have investments in oil and gas projects in the UAE, though it is unlikely that the funds themselves are considered the property of the military or the Ministry of Defence. Certainly a number of high-ranking military officers have been involved as shareholders in some smaller offset-funded enterprises, which may be part of a portfolio that includes oil and gas projects, but this is not the same as &quoute;institutional&quoute; ownership or participation.

The complexity and sophistication of the UAE's offset policy and its web of fully and partially state-owned investment vehicles makes it nearly impossible to draw a firm line between the finances of the military as an institution; individual officers; the Ministry of Defence; the various members of the Royal Family; the individual Emirate governments; and the federal government.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

17.
score
3

Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?

The UAE faces low rates of organised crime for drugs trafficking. Dr. Wislow (see above) writes: &quoute;The law does not prohibit specifically trafficking in persons, although child smuggling, prostitution, and pornography are crimes. Trafficking in women and children is a problem. Trafficking in persons involves young boys used as camel jockeys, and women. [...] Trafficking in women for the purposes of sexual exploitation is a problem.&quoute; There are plethora of media reports (see above for a selection) reflecting a consistent effort to curb prostitution.

Dr. Wislow continues: &quoute;Although not a narcotics-producing nation, the United Arab Emirates remains a trans-shipment point for illegal narcotics.&quoute; There is also well-reflected in media effort that the police effectively fights drug distribution in the Emirates.

Fiscal crime and money laundering seem to be the most pressing issue, with Wislow noting that &quoute;the absence of money laundering legislation, which has been drafted but not approved, leaves the UAE in an increasingly vulnerable position as a target for money laundering by narcotics traffickers and other criminal organizations.&quoute; In 2013, the UK Foreign Office has thus engaged into a close work with the UAE in order to apprehend UK criminals in the Emirates. The UAE Central Bank's AMLSCU is a financial intelligence unit in addition to being a member of the Egmont Group, the international network of financial intelligence units. The Galadari Law Consultancy provides a comprehensive account of the UAE's legislation in the field of fight against money laundering.

Media reports exist about tackling bribery in the police (please see: report above on a Bangladeshi national having attempted to bribe a police officer) and about the understaffed Labour Ministry which might ultimately lead to illicit deeds.

At present, there are no reports suggesting that organised crime which touches the defence sector goes unchecked; however there is a risk that this could happen, given the general secrecy surrounding the sector, and its lack of accountability. Given this, there is a possibility that even the strict standards applied in other parts of the government regarding organised crime may not translate well to the defence sector.

There are some signs of potential oversight here too - although there is no dedicated military police, there are bodies, such as the Department of Military Justice, who are trained in military penal procedures and are mandated with policing the defence sector. Although there are no records detailing their endeavours thus far - unsurprising given the opacity surrounding the sector in general - they do have the capability to challenge instances of organised crime within the defence sector.

In conclusion, although nearly none of the above reports mentions the defence sector, the media does seem to be closely following organised crime developments. The lack of related reports might thus suggest that there is not much penetration of organised crime into defence institutions. A noticeable absence is the lack of a mention of white-collar organised crime. Lastly, though there is no evidence of penetration, one may assume that the government is prepared to tackle it if it occurs given its strong ranking for fight against corruption in other sectors, when such political will exists (see the World Economic Forum report linked to above) and joint work with the UK's FCO, as well as institutions such as the Department of Military Justice.

COMMENTS -+

Institutional sources:
- &quoute;Beating organised crime in the UAE&quoute;, Foreign & Commonwealth Office and British Embassy Abu Dhabi, 22 March 2013 https://www.gov.uk/government/priority/beating-organised-crime-in-the-uae (accessed on 8 May 2014)
- The World Factbook: UAE, CIA https://www.cia.gov/library/publications/the-world-factbook/geos/ae.html (accessed on 8 May 2014)
- &quoute;A Comparative Criminology Tour of the World: the UAE&quoute;, Dr. Robert Winslow, undated http://www-rohan.sdsu.edu/faculty/rwinslow/asia_pacific/uae.html (accessed on 8 May 2014)
- Anti-Money Laundering and Suspicious Cases Unit - AMLSCU, Central Bank of the UAE, undated (but info stops at 2010) http://www.centralbank.ae/en/index.php?option=com_content&view=article&id=75&Itemid=95 (accessed on 8 May 2014)

Media reports:
- &quoute;Sharjah Police launch anti-theft drive&quoute;, Gulf News, May 7, 2014 http://gulfnews.com/news/gulf/uae/crime/sharjah-police-launch-anti-theft-drive-1.1329444 (accessed on 8 May 2014)
- &quoute;Gang of 10 arrested for alcohol bootlegging in Sharjah&quoute;, Gulf News, May 8, 2014http://gulfnews.com/news/gulf/uae/crime/gang-of-10-arrested-for-alcohol-bootlegging-in-sharjah-1.1330035 (accessed on 8 May 2014)
- &quoute;2 attempts to smuggle drugs foiled in Dubai and Sharjah&quoute;, Gulf News, May 3, 2014 http://gulfnews.com/news/gulf/uae/crime/2-attempts-to-smuggle-drugs-foiled-in-dubai-and-sharjah-1.1327697 (accessed on 8 May 2014)
- &quoute;Man arrested for offering bribe to a policeman&quoute;, Gulf News, May 3, 2014 http://gulfnews.com/news/gulf/uae/crime/man-arrested-for-offering-bribe-to-a-policeman-1.1327613 (accessed on 8 May 2014)
- &quoute;Police impersonators arrested in Sharjah&quoute;, Gulf News, April 23, 2014 http://gulfnews.com/news/gulf/uae/crime/police-impersonators-arrested-in-sharjah-1.1323460 (accessed on 8 May 2014)
- &quoute;Drugs are public enemy number one: Sharjah Police official&quoute;, Gulf News, April 20, 2013 http://gulfnews.com/news/gulf/uae/crime/drugs-are-public-enemy-number-one-sharjah-police-official-1.1321402 (accessed on 8 May 2014)
- &quoute;Anti-money laundering law to have more teeth, say FNC members&quoute;, Gulf News, April 20, 2013 http://gulfnews.com/news/gulf/uae/crime/anti-money-laundering-law-to-have-more-teeth-say-fnc-members-1.1321999 (accessed on 8 May 2014)
- &quoute;UAE's challenge in human trafficking fight&quoute;, Gulf News, January 16, 2014 http://gulfnews.com/news/gulf/uae/general/uae-s-challenge-in-human-trafficking-fight-1.1278472 (accessed on 8 May 2014)
- Dana Moukhallati. June 13, 2014. “Dh609 million of fraud in 130 cases uncovered by Dubai Police this year.” The National (UAE).
- Dana Moukhallati. April 27, 2014. “Dubai customs seize Dh7 million in fake goods.” The National (UAE).


Others:
- &quoute;Money Laundering: The organized Crime, its international and local anti-measures&quoute;, Galadari -- Advocates and Legal Consultants, January 15,2014 http://www.galadarilaw.com/articlesandpublications_Details.aspx?id=22 (accessed on 8 May 2014)
- &quoute;More than just law to fight scourge of human trafficking&quoute;, The National UAE, December 13, 2011
http://www.thenational.ae/thenationalconversation/comment/more-than-just-law-to-fight-scourge-of-human-trafficking (article from 2011, gives a comprehensive overview of UAE's engagement against organised crime; accessed on 8 May 2014))
- The Global Competitiveness Report 2014 - 2015: United Arab Emirates, the World Economic Forum http://reports.weforum.org/global-competitiveness-report-2014-2015/economies/#indexId=GCI&economy=ARE (accessed 18 June 2015)
-US State Department Cable. “2004-2005 International Narcotics Control Strategy Report (INCSR), United Arab Emirates.” Cable 04ABUDHABI4566_a. http://www.wikileaks.org/plusd/cables/04ABUDHABI4566_a.html

SOURCES -+

Opinion: Agree with Comments

Comment: The absence of financial controls in the UAE made it a major hub for the investment of illicit overseas funds for decades. The country also has a long history as a major smuggling hub as its ports are a transit point for trade between Asia and the Middle East. As a result, trafficking in humans and endangered wildlife is a major issue, as is prostitution and trade in counterfeit goods. As these activities are traditionally associated with organized crime – and necessitate the cooperation of officials in customs, immigration and other Interior Ministry personnel – it is difficult to believe there is not some penetration of organized crime within the security sector.

However, a 2004 US State Department cable on drug-trafficking through the UAE stated that officials aggressively pursue and arrest individuals involved in illegal narcotics trafficking and/or abuse, and cited “no evidence that corruption, including narcotics- related corruption, of public officials is a systemic problem.”


Dana Moukhallati. June 13, 2014. “Dh609 million of fraud in 130 cases uncovered by Dubai Police this year.” The National (UAE).

Dana Moukhallati. April 27, 2014. “Dubai customs seize Dh7 million in fake goods.” The National (UAE).

US State Department Cable. “2004-2005 International Narcotics Control Strategy Report (INCSR), United Arab Emirates.” Cable 04ABUDHABI4566_a. http://www.wikileaks.org/plusd/cables/04ABUDHABI4566_a.htm

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is no evidence whatsoever of organised crime within the defence sector.

Suggested score:

Researcher + Peer Reviewer-+

18.
score
1

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

There is no evidence that a specific police unit exists solely for this purpose. The Department of Military Justice seems to have the jurisdiction to investigate the security forces. The Dubai Justice Institute, which is a private institution, trains the UAE department of Military Justice. In particular, this training covers Federal Law No. 10 for 2009 regarding military punishment and the decree under Federal Law No. 12 for 2009 regarding military penal procedures.

No further information could be obtained on this entity originating from the survey period. No publicly accessible reports were identified which could showcase the activities of the Department or its independence.

COMMENTS -+

Media reports:
- &quoute;Dubai Judicial Institute launches customised Military Judiciary training program for UAE Military Justice&quoute;, PR2 Live, 04 July 2010 http://www.pr2live.com/2010/07/04/dubai-judicial-institute-launches-customised-military-judiciary-training-program-for-uae-military-justice (article from 2010; accessed on 8 May 2014)
- &quoute;Fighting graft is UAE’s top priority&quoute;, Gulf News, January 6, 2013 http://gulfnews.com/news/gulf/uae/government/fighting-graft-is-uae-s-top-priority-1.1128536
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876
Others:
- Al-Bayan, &quoute;Strengthening Strategic Cooperation Between the Public Prosecuter and the Armed Forces&quoute;, Jun 4, 2012, available at http://www.albayan.ae/across-the-uae/accidents/2012-06-04-1.1662781 (Arabic)

Others:
- Dubai Judicial Institute info page http://www.dubai.ae/en/Lists/GovernmentDepartments/DispForm.aspx?ID=55

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The complete absence of organised crime activity (see previous answer) is probably good evidence that the internal military police investigators are doing a good job. More broadly in UAE, the sense one has living here is that the police are effective and tough on transgressors. The very high wages paid to police & military personnel , and related high quality of life, will be another very strong factor eliminating the risks of corruption & criminality.

Suggested score:

Researcher + Peer Reviewer-+

19.
score
0

Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?

The UAE has Emirate-based security forces, as noted by the research report linked above: &quoute;Each emirate funds paramilitary and security forces that monitor the expatriate community, the military and foreign soldiers. The federal government administers the Border Police and Coast Guard.&quoute; It is unclear whether there is a central intelligence function which ties together the efforts of these individual ones.

It is unclear whether the State Audit Institution has access to these agencies' budget. More probably, oversight -- if it exists -- is performed from various dedicated Emirate-specific institutions.

According to the UAE Interior Ministry's Decision on private security companies, these are forbidden from using words such as &quoute;police&quoute; or &quoute;intelligence&quoute; to describe their services.

In the 2013 UAE Defence Corruption Index the score for this indicator was '1' rather than '0'. The 2013 review seems to have taken legal provisions for an evidence that such oversight exists. In the 2015 assessment though, neither the peer reviewers nor myself have identified solid evidence that legal provisions are actually followed and that such oversight exists in practice. Thus, the most adequate score appears to be '0'.

COMMENTS -+

Institutional sources:
- &quoute;Regulations and Laws&quoute;, Ministry of Interior [English] http://moi.gov.ae/en/About.MOI/genericcontent/regulations.and.laws.aspx (download file number 1; accessed 10 May 2014)

Media sources:
- Mark Mazzetti and Emily B. Hager. May 14, 2011 “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0

- Zulfiqar Shah. “Ex Head of ISI Ahmed Shuja Pasha Has Been Appointed As Advisor on Health Affairs in UAE.” [The article also claimed Pasha would “help the UAE authorities in their intelligence network.”] February 25, 2013. The Dubai Post News Blog. https://dubaipost.wordpress.com/2013/02/25/ex-head-of-i-s-i-ahmed-shuja-pasha-has-been-appointed-as-advisor-on-health-affairs-in-u-a-e/. It should be noted that the blog’s author Zulfiqar Shah is an anti-military activist, but his claim was re-printed in a number of popular online forums that cater to the Pakistani Defence Services.


Research reports:
- &quoute;Security Sector Reform in the Gulf&quoute;, The Henry L. Stimson Center, May 2006 http://dspace.cigilibrary.org/jspui/bitstream/123456789/27608/1/Security%20Sector%20Reform%20in%20the%20Gulf.pdf (accessed 10 May 2014)
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: The structure and functions of the UAE’s intelligence services themselves are largely unknown – to say nothing of oversight of the agencies’ policies, administration or budgets. Media reports [primarily foreign] indicate efforts by the government to recruit foreigners to provide some of the basic institutions of a contemporary intelligence service on behalf of the UAE.

A well-known US military contractor was hired in 2010 to provide personnel and training for “intelligence gathering, urban combat, the securing of nuclear and radioactive materials, humanitarian missions and special operations.” Since the institution itself is in flux, it is very unlikely there are even the most rudimentary attempts at programmatic or budgetary oversight. Rumours about the leadership of UAE intelligence agencies are also common (see an alleged Pakistani media report re-printed in a Dubai-based blog), a hallmark of an institution that lacks any real accountability or transparency.

Mark Mazzetti and Emily B. Hager. May 14, 2011 “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0

Zulfiqar Shah. “Ex Head of ISI Ahmed Shuja Pasha Has Been Appointed As Advisor on Health Affairs in UAE.” [The article also claimed Pasha would “help the UAE authorities in their intelligence network.”] February 25, 2013. The Dubai Post News Blog. https://dubaipost.wordpress.com/2013/02/25/ex-head-of-i-s-i-ahmed-shuja-pasha-has-been-appointed-as-advisor-on-health-affairs-in-u-a-e/. It should be noted that the blog’s author Zulfiqar Shah is an anti-military activist, but his claim was re-printed in a number of popular online forums that cater to the Pakistani Defence Services.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

20.
score
1

Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?

Objective criteria for the selection of senior positions within the intelligence services could not be found amongst publicly available institutional sources. There were also no media reports available reporting on this.

COMMENTS -+

Institutional sources:
N/A

Media sources:
- Colin Simpson. April 4, 2013. “UAE to conduct recruitment checks in bid to beat wasta.” The National (UAE). http://www.thenational.ae/news/uae-news/uae-to-conduct-recruitment-checks-in-bid-to-beat-wasta

Other sources:
- US State Department Cable. “UAEG confirms participants for next round of Gulf Security Dialogue Talks.” 07ABUDHABI717_a. http://www.wikileaks.org/plusd/cables/07ABUDHABI717_a.html

US State Department Cable. “UAE: Satellite Remote Sensing Cooperation.” 06ABUDHABI138. http://cables.mrkva.eu/cable.php?id=50107. 19 January 2006.

SOURCES -+

Opinion: Agree with Comments

Comment: The influence of “wasta” (family/personal connections) in recruiting employees is viewed as a problem for ordinary government agencies – and there is an effort to enhance the role of internal auditors in order to crack down on this practice. However, it is unclear whether this is the case in the defence and security/intelligence agencies. Some families have several members in leadership posts in security agencies, such as the al-Hameli, who have senior posts in intelligence and customs.

One example is Mahash Al Hameli, whose career spans the following:
UAE Chairman of Space Reconnaissance Programs and head of UAV (drone) research program: 2005-2006 (Point Of Contact for official negotiations to acquire US satellite imaging systems)
Chief of Air Force Intelligence: 2007 - ?
Director of International Security Cooperation, UAE Ministry of Foreign Affairs (with rank of ambassador): 2012-2014
Retired from government and went into private sector finance: 2014

US State Department Cable. “UAEG confirms participants for next round of Gulf Security Dialogue Talks.” 07ABUDHABI717_a. http://www.wikileaks.org/plusd/cables/07ABUDHABI717_a.html

US State Department Cable. “UAE: Satellite Remote Sensing Cooperation.” 06ABUDHABI138. http://cables.mrkva.eu/cable.php?id=50107. 19 January 2006.

Colin Simpson. April 4, 2013. “UAE to conduct recruitment checks in bid to beat wasta.” The National (UAE). http://www.thenational.ae/news/uae-news/uae-to-conduct-recruitment-checks-in-bid-to-beat-wasta


Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

21.
score
1

Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?

The UAE has signed but not ratified the ATT, and sometimes reports to the UN Programme of Action on Small Arms, but it has not signed the Wassenaar Agreement. The Conversation article above notes: &quoute;Some of this progress has been easy to measure. For example, a number of states including Malaysia and the UAE, the two key nodes of the Khan network, have adopted comprehensive export control legislation for the first time.&quoute;

The primary UAE arms control law is the Federal Law number 3 of 2009, which requires all importers and exporters to have licenses from the Ministry of Defence and the Ministry of Interior. It remains unclear, however, how arms sent by foreign countries and locally exported by the UAE are handled.

There does not seem to be any scrutiny of arms control decisions by an independent body or institution. There is also no clear evidence of the country is taking action to comply with each of three ATT articles: 7.1.iv, 11.5, and 15.6 (these are addressed even if the country has not signed or ratified the ATT). See Peer Reviewer's comments for full details.

COMMENTS -+

Institutional reports:
- The Wassenaar Agreement: Participants http://www.wassenaar.org/participants/index.html (accessed 10 May 2014)
- UN Programme of Action Implementation Support System (PoA-ISS) http://www.poa-iss.org/CountryProfiles/CountryProfiles.aspx (accessed 10 May 2014)
- Statements on the Arms Trade Treaty, UN Conference 18-28 March 2013 http://www.un.org/disarmament/ATT/statements/ (accessed 10 May 2014)
- UNODA Arms Trade Treaty, Status of the Treaty http://disarmament.un.org/treaties/t/att (accessed 10 May 2014)
- &quoute;THE UNITED NATIONS DISARMAMENT YEARBOOK, Volume 38: 2013&quoute; http://www.un.org/disarmament/publications/yearbook/2013/ (accessed 10 May 2014)

Media reports:
- &quoute;UAE signs UN Arms Trade Treaty&quoute;, Gulf News, July 10, 2013 http://gulfnews.com/news/gulf/uae/government/uae-signs-un-arms-trade-treaty-1.1207735 (accessed 10 May 2014)
- &quoute;After a decade of UN resolution 1540, is the world a safer place?&quoute;, The Conversation, 29 April 2014 http://theconversation.com/after-a-decade-of-un-resolution-1540-is-the-world-a-safer-place-26014 (accessed 10 May 2014)
- &quoute;Inside the Secret World of a U.S. Arms Dealer&quoute;, The Blaze, Apr 30, 2014 http://www.theblaze.com/stories/2014/04/30/inside-the-secret-world-of-a-u-s-arms-dealer/ (accessed 10 May 2014)

Human rights:
- &quoute;Massive arms bazaar in Abu Dhabi exposes weakness in Arms Trade Treaty talks&quoute;, Amnesty International, 20 February 2013 http://www.amnesty.org/en/news/massive-arms-bazaar-abu-dhabi-exposes-weakness-arms-trade-treaty-talks-2013-02-20 (accessed 10 May 2014)

Specialised sources:
- &quoute;United Arab Emirates — Gun Facts, Figures and the Law&quoute;, GunPolicy.org, undated http://www.gunpolicy.org/firearms/region/united-arab-emirates (accessed 10 May 2014)
- &quoute;Report presented by the Government of the United Arab Emirates concerning the implementation of Security Council resolution 1540 (2004)&quoute;, UN Security Council, 17 December 2004 http://www.nti.org/media/pdfs/united-arab-emirates-1540-initial-report.pdf?_=1316791722 (accessed 10 May 2014)
-Intelligence Online. October 23 2013. “Al Kaabi family profile.”

Other sources:
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)
- US State Department Cable. “UAE: Satellite Remote Sensing Cooperation.” 06ABUDHABI138. http://cables.mrkva.eu/cable.php?id=50107. 19 January 2006.
- US Bureau of Industry and Security. 25 April 2013. “Bureau of Industry and Security Announces $2.8 Million Civil Settlement with Computerlinks FZCO for Charges Related to Unlawful Exporting of Technology to Syria.” http://www.bis.doc.gov/index.php/about-bis/newsroom/102-about-bis/newsroom/press-releases/press-releases-2013/524-bureau-of-industry-and-security-announces-2-8-million-civil-settlement-with-computerlinks-fzco-for-charges-related-to-unlawful-exporting-of-technology-to-syri

SOURCES -+

Opinion: Agree with Comments

Comment: There are several separate issues relating to UAE export controls, including the re-export of third-country technology without proper authorization; the export of restricted dual-use technology to sanctioned countries (primarily Iran); and the export of weapons developed in the UAE. It is the reviewer’s view that the UAE generally observes limitations on the re-export of weapons containing third-country technology, but is frequently sanctioned for violations committed by small-scale importer/exporters that ship restricted goods to Iran (and also recently Syria). There is some indication that the UAE covertly shipped arms to anti-Qaddafi rebels in Libya via one of its domestic producers (the International Golden Group) in 2011 – and to have used a similar set up to send arms to Syrian rebels in 2012 and 2013.

According to a 2006 US State Department cable, a UAE military official asked, “whether the U.S. might provide a ‘consultant’ on export controls to help them develop an effective national system. [US Ambassador] Kessler responded that there were mechanisms by which the USG could provide assistance, and promised to have the Embassy pursue this matter separately.”


US State Department Cable. “UAE: Satellite Remote Sensing Cooperation.” 06ABUDHABI138. http://cables.mrkva.eu/cable.php?id=50107. 19 January 2006.

US Bureau of Industry and Security. 25 April 2013. “Bureau of Industry and Security Announces $2.8 Million Civil Settlement with Computerlinks FZCO for Charges Related to Unlawful Exporting of Technology to Syria.” http://www.bis.doc.gov/index.php/about-bis/newsroom/102-about-bis/newsroom/press-releases/press-releases-2013/524-bureau-of-industry-and-security-announces-2-8-million-civil-settlement-with-computerlinks-fzco-for-charges-related-to-unlawful-exporting-of-technology-to-syria

Intelligence Online. October 23 2013. “Al Kaabi family profile.”

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Risk management 60
22.
score
1

How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?

Decree number 12 of 1986 regulating Tenders and Auctions in the Armed Forces regulates the sale of used gear. The procedure includes the formation of a committee under the auspices of the Chief-of-Staff, who reports on auction sales. There are, however, no specifications for how the auction should be conducted; subsequent details about the auctions and their outcomes are not made available to the public.

Although SIPRI places the UAE among the world’s top five arms importers, there are also reports that the country's defence sector is evolving as an exporter, too (see BlueStone report linked to above). No information is available from official sources, however, indicating the scale of auctions or the in-house productions.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995) http://www.lexgulf.com/business-laws-of-UAE/ (accessed 15 April 2014)

Media reports:
- &quoute;How the UAE Defence Sector is Evolving from Importer to Exporter&quoute;, BlueStone, January 4, 2014 http://bluestoneme.com/2014/01/04/how-the-uae-defence-sector-is-evolving-from-importer-to-exporter/ (accessed 15 April 2014)
- &quoute;Emirates builds its own defence industry&quoute;, UPI.com, March 18, 2013 http://www.upi.com/Business_News/Security-Industry/2013/03/18/Emirates-builds-its-own-defence-industry/UPI-77731363633569/ (accessed 15 April 2014)

Research reports:
- &quoute;17 Mar. 2014: South Asia and the Gulf lead rising trend in arms imports, Russian exports grow, says SIPRI&quoute; http://www.sipri.org/media/pressreleases/2014/AT_march_2014 (accessed 15 April 2014)
- Intelligence Online. October 23 2013. Al Kaabi family profile.
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: The UAE transfers weapons in order to further its own regional interests, which are often at odds with the stated goals of the major arms-exporting countries (US and Europe) that supply the UAE with its major weapons systems. As such, public accountability or transparency regarding such activities is unlikely, as it would complicate bilateral relations with these countries. For example, the UAE [allegedly] supplied weapons to anti-government rebels in Libya and Syria, but intercepted a huge shipment of arms most likely bound for anti-government rebels in Yemen [and manufactured illicitly in Turkey]. The UAE has also expressed interest in transferring some of its French-made mirage jets to President Sisi’s government in Egypt, which it has also supported with large grants and loans.

Intelligence Online. October 23 2013. Al Kaabi family profile.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

23.
score
0

Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?

There is no evidence of independent scrutiny by audit bodies, and no provision for this in Decree no.12, which provides for the conduct of these auctions.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995) http://www.lexgulf.com/business-laws-of-UAE/ (accessed 15 April 2014)

Media reports:
N/A

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

24.
score
0

What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?

As mentioned in question 12B, the defence budget is not made publicly available; hence it is difficult to gauge how much of the UAE’s defence expenditure might be spent on secret items. This question is scored at a '0' due to the lack of transparency surrounding this topic.

COMMENTS -+

Institutional reports:
- Article 16 of Federal Law No. 8/2006, On the Armed Forces: FEDERAL LAW No. (7) FOR 1976 ON THE ESTABLISHMENT OF THE STATE AUDIT INSTITUTION http://saiwb1.saiuae.gov.ae/English/abousai/Documents/FEDERAL%20LAW%20No7%201976-EN.pdf

Media reports:
N/A

Other sources:
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: According to the 2012 assessment, under the 1976 State Audit Institution Law there was a process in place for ministers to attest to the presence of confidential and secret spending within their ministries, though they had to submit a signed statement to that effect, in essence creating a paper trail. This conflicted with the language of the Armed Forces Law, according to which the budget was &quoute;not subject to confidential expense,&quoute; meaning the relevant ministers (Defence and Interior) were not able to make confidential expenditures.

Perhaps this was to prevent members of the ruling family from purchasing defence material without notifying the executive office in Abu Dhabi - which suggests it was about maintaining centralized control and preventing the formation of a rival power center, and not related to concerns over transparency or accountability. Indeed the very concept of &quoute;secret&quoute; budgetary items in this context is nonsensical, as the entire defence and security budget is secret.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

25.
score
0

Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?

The legislature and the SAI are not given full information for the budget year on the spending of all secret items relating to national security and military intelligence. Although the SAI website states that it audits the MoD, there are no publicly available reports which could indicate how much of the resulting information is provided to the legislature.

According to the Federal Law number 7 of 1976, Article 18 says: &quoute;It shall be sufficient for a competent Minister to submit a signed statement every 3 months to stand as evidence for the special confidential expenditures allocated in the budget for his Ministry, as well as a certificate stating that such expenditures, have been disbursed within the authorized appropriations limits and directed to the objectives allocated thereof.&quoute;

COMMENTS -+

Institutional sources:
- Federal Law number 7 of 1976 on the establishment of the State Audit Institution http://saiwb1.saiuae.gov.ae/English/abousai/Documents/FEDERAL%20LAW%20No7%201976-EN.pdf (accessed 15 April 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

26.
score
1

Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?

The SAI was reorganised in 2011. According to the new system (see reorganisation rules above): the Institution is now attached to the FNC, the UAE’s legislative body. The FNC is supposed to receive copies of a number of reports, such as &quoute;final reports of the results of the audit of budgets, draft balance sheets of authorities, institutions and companies subject to the audit of the Institution&quoute;. There is also some mention about secret items.

Yet, there is no information available indicating that the SAI has actually led such audits and whether any possible reports have been produced and made available to the FNC. There is no information about parliamentary debates around such items neither.

COMMENTS -+

Institutional sources:
- State Audit Institution Reorganisation rules [Arabic] http://saiwb1.saiuae.gov.ae/Arabic/abousai/Documents/Law%208_2011.pdf (accessed 15 April 2014)
- &quoute;Reports issued by the SAI.&quoute; http://saiuae.gov.ae/English/News/Pages/22052012.aspx

Other sources:
- &quoute;Security Dominates the UAE Federal Budget.&quoute; US State Department Cable. 30 August 2004. https://www.wikileaks.org/plusd/cables/04ABUDHABI2930_a.html
- UAE Government Defence Anti-Corruption Index 2013, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: According to the SAI its Annual General Report, which includes &quoute;the main and the most significant findings result[ing] from the SAI audit&quoute; is presented to the President of the UAE and &quoute;reported&quoute; to both the Cabinet and the FNC. The SAI also claims to complete more detailed annual reports on &quoute;authorities and companies subject to the SAI audit&quoute; which are delivered by SAI to the &quoute;competent authority&quoute; (tasked with approving the audit findings and final account statements) in addition to the Ministry of Finance, the Cabinet and the FNC.

However, according to a US State Department cable dated 2004, officials from the Ministry of Finance admitted to US diplomatic personnel that they did not know how the military budget was spent or what proportion went to fund weapons acquisitions. This would suggest that there are no effective audits of defence or security spending.

&quoute;Reports issued by the SAI.&quoute; http://saiuae.gov.ae/English/News/Pages/22052012.aspx

&quoute;Security Dominates the UAE Federal Budget.&quoute; US State Department Cable. 30 August 2004. https://www.wikileaks.org/plusd/cables/04ABUDHABI2930_a.html

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

27.
score
0

Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?

It is a difficult to score this indicator as there is no provision in the law for off-budget expenses.

The legislature and the State Audit Institution (SAI) are not given full information for the budget year on the spending of all secret items relating to national security and military intelligence (also see the two previous questions for details). Although the SAI says on its website that it audits the Ministry of Defence, there are no reports made publicly available.

In terms of accountability for the secret expenditures, the Federal Law number 7 of 1976 stipulates: &quoute;It shall be sufficient for a competent Minister to submit a signed statement every 3 months to stand as evidence for the special confidential expenditures allocated in the budget for his Ministry, as well as a certificate stating that such expenditures, have been disbursed within the authorized appropriations limits and directed to the objectives allocated thereof.&quoute;

Given the above stipulation as well as the lack of information about the defence budget, the lack of transparency would imply that there are corruption risks. As no legal provision exists prohibiting off-budget spending, it is probable that it exists. It is however not reported on, as discussed above.

In the 2013 UAE Defence Corruption Index the score for this indicator was '2' rather than '0'. The 2013 scoring was based on the researcher's decision to extrapolate from a WikiLeaks cable dated 2006. The 2015 assessment did not find any recent report on off-budget expenditure, thus a score other than '0' seemed inaccurate.

COMMENTS -+

Institutional sources:
- Federal Law number 7 of 1976 on the establishment of the State Audit Institution http://saiwb1.saiuae.gov.ae/English/abousai/Documents/FEDERAL%20LAW%20No7%201976-EN.pdf (accessed 15 April 2014)

Other sources:
-&quoute;Security Dominates the UAE Federal Budget.&quoute; US State Department Cable. 30 August 2004. https://www.wikileaks.org/plusd/cables/04ABUDHABI2930_a.html
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: According to a US State Department cable dated 2004, the majority of UAE defence spending is &quoute;off-budget&quoute; as it comes directly from Abu Dhabi, and does not pass through the UAE Federal Government. The SAI most likely has more complete access to these federal budgets, but not the complete budgets of the individual Emirates. The federal budget is primarily used for paying salaries for military personnel and civilian defence and security employees, which is responsible for only a modest portion of overall defence and security expenditure. It is unclear whether this has changed significantly since 2004.

&quoute;Security Dominates the UAE Federal Budget.&quoute; US State Department Cable. 30 August 2004. https://www.wikileaks.org/plusd/cables/04ABUDHABI2930_a.html

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Difficult to score when even the on-budget items are not transparent.

Suggested score:

Researcher + Peer Reviewer-+

28.
score
1

In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?

There is no provision in the law for off-budget expenditure.

According to a leaked cable published by WikiLeaks: &quoute;The overall size of UAE defence expenditures is difficult to determine; the budgeting process is extremely opaque, with considerable revenue and expenditure activity being handled &quoute;off-budget.&quoute; Complicating the picture, the federal budget (arguably the least opaque) makes up only about 23% of total UAE spending. The Emirate of Abu Dhabi, on the other hand, chips in about 65%. Over the last 6 years, security spending has made up an average of 41% of the total federal budget. According to Ministry of Finance officials, aside from paying the salaries at the small Dubai-based Ministry of Defence, the Federal Government does not control defence spending. The Emirate of Abu Dhabi tells the federal government how much it will spend and funds defence-related items directly and &quoute;off-budget.&quoute; &quoute;

In a piece from YourMiddleEast dated 7 Jan 2013, a SIPRI researcher was quoted indicating: &quoute;As the lack of data for some countries suggests, military spending in the Middle East is severely lacking in transparency. Even in those countries for which figures exist, often only a single total is given, and this may well exclude significant off-budget military spending, in particular arms purchases made directly from oil revenue funds as opposed to the official defence budget”.

In its assessment of GCC investment for 2013, the Qatar National Bank (QNB) notes: &quoute;Effective public capital expenditure in the GCC is even larger than the budget data suggests. This is because government agencies sometimes spend off budget and because of the usage of public private partnerships for some megaprojects.&quoute;

Lastly, the SIPRI briefly discusses how difficult it is to access information on off-budget expenditure in its FAQ.

Thus, no information was found regarding practical off-budget spending. No information was identified regarding illicit economic activities either. The scarce details featured above do not, however, allow to score '4' here yet 'N/A' is also inaccurate. I have therefore selected a '2' in order to partly convey the situation.

Response to Peer Reviewer 1:
I agree with Peer Reviewer 1, score lowered from 2 to 1.

COMMENTS -+

Institutional sources:
- &quoute;GCC Capital Expenditure Expected to Rise in 2013&quoute;, Qatar National Bank (QNB), 29 Sep 2013t http://www.qnb.com.qa/cs/Satellite?c=QNBNews_C&cid=1355401719462&locale=1355401491672&p=1355401540135&pagename=QNBChina%2FQNBLayout (accessed 15 April 2014)

Media sources:
- &quoute;Middle East bucks the trend on military spending&quoute;, Your Middle East, Jan 7, 2013 http://www.yourmiddleeast.com/special-reports/article/middle-east-bucks-the-trend-on-military-spending_12145 (accessed 15 April 2014)

Others:
- Cable # 06ABUDHABI3851 &quoute;UAE Defence Spending&quoute;, WikiLeaks, Oct 2, 2006 http://www.cablegatesearch.net/cable.php?id=06ABUDHABI3851 (cable from 2006; accessed 15 April 2014)
- SIPRI FAQ http://www.sipri.org/research/armaments/milex/copy_of_faqs#7-how-reliable-are (accessed 15 April 2014)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;1&quoute; because the vast majority of the UAE's overall defence and security spending is on military equipment, which is the part of the spending that is &quoute;off-budget.&quoute;

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

29.
score
0

In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?

There is no clear framework stipulating how information is classified (and whether it is declassified at a later point). Federal Law no. 4 of 1974 on state security meanwhile, specifies that disclosing details of work assigned to any agent of the National Security Agency will face a heavy fine and/or imprisonment.

The media report above mentions two National Security Agency employees brought to court for having provided information on sport clubs to a journalist who was allegedly linked to the Muslim Brotherhood (a group banned in the UAE).

Response to Peer Reviewer 1:
I have downgraded the score to '0' as it reflects the situation more aptly than a score of '1'.
Agreed. Score changed and sources added accordingly.

COMMENTS -+

Institutional sources:
- Federal Law number 4 of 1974 on the National Security

Media sources:
- &quoute;Muslim Brotherhood case hearing adjourned&quoute;, Gulf News, November 12, 2013 http://gulfnews.com/news/gulf/uae/government/muslim-brotherhood-case-hearing-adjourned-1.1254441 (accessed 15 April 2014)

Other sources:
- United States Department of State. Bureau of Democracy, Human Rights and Labor.
“Country Reports on Human Rights Practices for 2012: United Arab Emirates.” http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204387&quoute;

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;0&quoute; - as there is no clear policy on document classification according to national security imperatives - and that even gaining access to non-security related information appears to be difficult.

In terms of general public access to government information, the U.S. State Department reports that, although the law officially provides for public access to such information, most requests go unanswered. I was unable to get any information on security-related document classification regulations, despite multiple requests for interviews which were rejected.


United States Department of State. Bureau of Democracy, Human Rights and Labor.
“Country Reports on Human Rights Practices for 2012: United Arab Emirates.” http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dlid=204387

Suggested score: 0

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The MOD does not yet have a proper classification system that balances the need for security with the need for usability. Everything is kept secret by default, without applying rigorous controls. I suspect this reflects practice across the defence sector.

Suggested score:

Researcher + Peer Reviewer-+

30.
score
2

Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?

There is no rule or law which explicitly prohibits the military from participating in business, and there are numerous government-owned companies in the UAE (see links provided above). Even though there is never a clear mention that defence or security officials actually own financial interests in companies, many government-owned businesses operate in the defence sector.

An analysis of this is found in the RPdefence article referenced above, which details that &quoute;public-private partnerships are a big part of this program. In November, the Armed Forces General Headquarters appointed the Abu Dhabi-based Advanced Military Maintenance, Repair and Overhaul Centre (AMMROC) to ensure the operational readiness of the forces’ fixed- and rotary-wing aircraft.&quoute;

Government-owned companies in general are not obliged to be transparent regarding their finances and operations either, which makes the situation more difficult to analyse externally. Response to Peer Reviewer: Agree, however like may Gulf countries there is no Western distinction between the military and the executive and the ruling families. Score reduced to 1 to reflect the lack of transparency.

COMMENTS -+

Institutional reports:
N/A

Media reports:
- &quoute;Better governed state-owned enterprises to drive Gulf growth&quoute;, Gulf News, April 11, 2012 http://gulfnews.com/business/sectors/banking/better-governed-state-owned-enterprises-to-drive-gulf-growth-1.1006936
- &quoute;Council Report: U.A.E. defence Industry & Opportunities for Partnership&quoute;, U.S.-U.A.E. Business Council, October 18, 2011 http://usuaebusiness.org/2011/10/council-report-u-a-e-defence-industry-opportunities-for-partnership/ (from 2011; accessed 10 May 2014)
- &quoute;Commentary: US-GCC defence Ministerial Lays Foundation for Trust, Cooperation&quoute;, defence News, May 12, 2014 http://www.defencenews.com/article/20140512/DEFREG02/305120019/Commentary-US-GCC-defence-Ministerial-Lays-Foundation-Trust-Cooperation (accessed 10 May 2014)
- &quoute;UAE Aims To Save Costs, Time With Joint Logistics Model&quoute;, RP defence, 11 décembre 2013 http://rpdefence.over-blog.com/2013/12/uae-aims-to-save-costs-time-with-joint-logistics-model.html (accessed 10 May 2014)
-Ivan Gale. 27 April 2010. &quoute;Pledge to build fighter jets in capital.&quoute; The National (UAE). Previous link (removed from site): http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100427/BUSINESS/704279882&SearchID=73388980945725

Others:
- UAE Government Portal, &quoute;Local Entities&quoute;, http://government.ae/en/web/guest/local-entities
- OECD, &quoute;State-Owned Enterprises in the Middle East and North Africa: Engines of Development
and Competitiveness?&quoute;, OECD Publishing, p120. http://dx.doi.org/10.1787/9789264202979-en

SOURCES -+

Opinion: Disagree

Comment: Many military-industrial enterprises are state-owned, and many retired military officials have beneficial ownership of companies that were established with some form of initial state-support (often as part of an offset agreement); one prominent example is General Khaled Abu-Ainnain (see article listed below). Many more retired military officers sit on the corporate boards of military-industrial enterprises – though this is by no means a phenomenon unique to the UAE. However, there is no evidence that official defence and security institutions themselves have ownership of commercial businesses (military-industrial or otherwise) either directly or through the UAE Armed Forces pension fund or other investment vehicles. The fact that there is no publicly available information regarding audits of the revenues of the UAE’s many state-owned military-industrial enterprises means it is possible these revenues accrue to defence or security institutions, but there is no firm evidence either way.

I would suggest a score of 2 for a number of reasons. Although the value of these companies is probably quite limited in comparison to the UAE’s estimated $14 billion annual defence budget (which would suggest a score of 4) this is more a reflection of the absolute size of the budget rather than the value of the commercial enterprises that might be ‘owned’ by the military or security establishment. And because the details of military revenues and spending are not reported, it is impossible to determine whether some of these enterprises are in fact operated for the benefit of the military/security establishment or not (which would suggest a score of 1). The fact that retired officers and individuals retired from high-ranking positions in military procurement and related bureaucracies are sole-owners, executives, or shareholders in a range of military-industrial enterprises that benefit from various forms of state investment and support also argues for a lower score, which is why I suggest a “2.”


Ivan Gale. 27 April 2010. &quoute;Pledge to build fighter jets in capital.&quoute; The National (UAE). Previous link (removed from site): http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100427/BUSINESS/704279882&SearchID=73388980945725

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

31.
score
0

Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?

There is no rule or law which explicitly prohibits military participation in business, and there are numerous government-owned companies in the UAE (see links provided above). Even though there is never a clear mention that defence or security officials actually own a company, many government-owned businesses do operate in the defence sector. Thus, although there is no direct ownership of private companies by defence and security officers, the defence industry leaves room for such activities.

The US Department of State's 2013 Report on Investment states that public tenders are not conducted in accordance with generally accepted international standards - for example, re-tendering seems to be a common procedure. Even so, no reports on corruption related to the awarding of government contracts were registered.

The SAI annually audits &quoute;the public corporations and bodies&quoute; as well as &quoute;the companies or bodies, in which capital the State or any public artificial person may have a share not less than 25% or for which the State guarantees a minimum limit of profit or offers a financial subsidy&quoute;. The Institution &quoute;does not audit public enterprises in any Emirate except upon a written request from its ruler.&quoute;

Score selected to reflect the lack of transparency, oversight and audit scrutiny.

COMMENTS -+

Institutional sources:
- &quoute;2013 Investment Climate Statement - United Arab Emirates&quoute;, US State Dept http://www.state.gov/e/eb/rls/othr/ics/2013/204755.htm (accessed 10 May 2014)
- State Audit Institution, Federal Laws section http://saiuae.gov.ae/English/abousai/Pages/SAIlaw.aspx?menuid=3 (accessed 10 May 2014)

Media reports:
- &quoute;Better governed state-owned enterprises to drive Gulf growth&quoute;, Gulf News, April 11, 2012
- &quoute;Council Report: U.A.E. defence Industry & Opportunities for Partnership&quoute;, U.S.-U.A.E. Business Council, October 18, 2011 http://usuaebusiness.org/2011/10/council-report-u-a-e-defence-industry-opportunities-for-partnership/ (from 2011; accessed 10 May 2014)
- &quoute;Commentary: US-GCC defence Ministerial Lays Foundation for Trust, Cooperation&quoute;, defence News, May 12, 2014 http://www.defencenews.com/article/20140512/DEFREG02/305120019/Commentary-US-GCC-defence-Ministerial-Lays-Foundation-Trust-Cooperation (accessed 10 May 2014)
- &quoute;UAE Aims To Save Costs, Time With Joint Logistics Model&quoute;, RP defence, 11 décembre 2013 http://rpdefence.over-blog.com/2013/12/uae-aims-to-save-costs-time-with-joint-logistics-model.html (accessed 10 May 2014)

Others:
- UAE Government Portal, &quoute;Local Entities&quoute;, http://government.ae/en/web/guest/local-entities
- OECD, &quoute;State-Owned Enterprises in the Middle East and North Africa: Engines of Development
and Competitiveness?&quoute;, OECD Publishing, p120. http://dx.doi.org/10.1787/9789264202979-en
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: There is no evidence that official defence and security institutions themselves have ownership of commercial businesses (military-industrial or otherwise) either directly or through the UAE Armed Forces pension fund or other investment vehicles. However, many military-industrial enterprises are state-owned, and many retired military officials have beneficial ownership of companies that were established with some form of initial state-support (often as part of an offset agreement). Many more retired military officers sit on the corporate boards of military-industrial enterprises – though this is by no means a phenomenon unique to the UAE.

The fact that there is no publicly available information regarding audits of the revenues of the UAE’s many state-owned military-industrial enterprises means it is possible these revenues accrue to defence or security institutions, but there is no firm evidence either way. It is very unlikely that the State Audit Institution (SAI) carries out oversight of the enterprises owned by individuals affiliated with military and security institutions (retired officers or individuals retired from high-ranking positions in military procurement and related bureaucracies) – to include those that have received some form of state support.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

32.
score
1

Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?

Decision 12 of 1986 of the Deputy Supreme Commander of the Armed Forces explicitly &quoute;prohibits a member of the armed forces from a direct or indirect interest in any works, agreements or contracts relating to the armed forces, with the exception of building tenancy contracts. The regulations also prohibit members of the armed forces from submitting bids on armed forces' tenders.&quoute;

No reports of violations of this decision have been identified within the last few years.

Going even further in this discussion, it is worth noting that there is no clear rule barring defence personnel from partaking to business ventures involving oil and gas. In the UAE, there exist several state-owned companies dealing with both natural resources and defence (see question 16); in addition, gov't officials have shares in different business ventures in other sectors of the economy.

Score selected to reflect that the government does not explicitly outlaw private enterprise under the umbrella of the state’s defence and security operations, though it might publicly discourage it, and there are no, or trivial, repercussions for those who engage in it.

COMMENTS -+

Institutional sources:
- Decision number 12 of 1986 of the Deputy Supreme Commander of the Armed Forces

Interviews:
- Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

Media sources:
- “Emirates Defence Industries Company Joined by Further Five Companies.” 24 February 2015. Emirates News Agency. http://www.uaeinteract.com/docs/Emirates-Defence-Industries-Company-joined-by-further-five-companies/66831.htm

- Charles Laubach (Afridi & Angell). 2014. “Getting the Deal Through – Anti Corruption Regulation 2014: United Arab Emirates.” Law Business Research Ltd.

SOURCES -+

Opinion: Disagree

Comment: The issue here is not so much unauthorized private enterprise by currently enlisted military/security personnel, so much as retired personnel exploiting their privileged access and contacts to profit from private enterprise.

According to a confidential interview with a member of the business community based in the United States, in the mid-2000s the government made a concerted effort to establish a small number of domestic military-industrial companies designed to compete with eachother to supply small and basic items to the UAE Armed Forces – and to produce parts for the global supply chains of large foreign defence firms. (Most of these companies were established under the auspices of the UAE’s offset program, which was quite successful at attracting technology and capital investment from foreign defence firms). However, these enterprises essentially functioned as foreign companies (with foreign technologies and foreign staff) that only served to generate profits for a handful of well-connected Emirati businessmen – including many with long military careers – who served as their titular owners and executives. This interviewee also cited “graft” as another prominent feature of these companies. In response, the government has begun taking over the companies and consolidating them. Initially these firms were subsidiaries of large investment vehicles (primarily Tawazun and Mubadala) which were partially capitalized through offset agreements signed with foreign defence firms. They are being spun off from these investment vehicles and put under a new umbrella organization called EDIC (Emirates defence Industrial Corporation). This interviewee confirmed that this move was done in large part to address issues of corruption, but also for predicted gains in efficiency and to create a single coherent local partner organization for foreign firms.

Furthermore, there appears to be a loophole in the law regarding private enterprise by enlisted officers. Article 48 of the Federal Armed Forces Law prohibits an officer from having any interest, whether personally or through an intermediary, in any works or contracts related to the armed forces. However, there is an exception for the lease of property owned by that officer, which is not prohibited by law. I am not sure on what practical grounds such a narrow exception would exist unless it is explicitly to undermine the spirit of the law. I do believe there are some well-connected elites (including military officers) that act as local partners for foreign companies wishing to do business in the UAE, which has for many decades imposed restrictions on the ability of foreign companies to do business in the absence of a local partner. I imagine these well-connected elites could register in their name the property or equipment of foreign companies, which not only gives the foreign company a powerful advocate with high-level government connections and a vested interest in their success, but allows the individual himself to profit from the lease of property that he owns in name only.


Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

“Emirates Defence Industries Company Joined by Further Five Companies.” 24 February 2015. Emirates News Agency. http://www.uaeinteract.com/docs/Emirates-Defence-Industries-Company-joined-by-further-five-companies/66831.htm

Charles Laubach (Afridi & Angell). 2014. “Getting the Deal Through – Anti Corruption Regulation 2014: United Arab Emirates.” Law Business Research Ltd.

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Policies & codes 90
34.
score
0

Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?

The Gulf News piece above highlights a report stating that &quoute;a group of security and financial experts urged the government to set up a comprehensive national policy aimed at fighting corruption in public and the private sectors. The call was made at the conclusion of the day-long meeting held in the Dubai Police Officers' Club&quoute;.

This piece was the only such report found in the media from within the last 3 years, and it features police officers rather than members of the military. No speeches or interviews were found which featured the Defence Minister, or the Chiefs of defence, etc, discussing integrity and anti-corruption measures within their sector.

As the one example found was more related to the police than to the armed forces, a score of '0' seems most appropriate.

In the 2013 UAE Defence Corruption Index the score for this indicator was 1 rather than 0. At the time when the 2013 assessment was completed, there was some evidence which, albeit limited, could support a score of '1' (and which somehow contradicts &quoute;UAE culture&quoute;-related comment by Peer Reviewer 2 above). The 2015 assessment did not, however, identify such evidence, thus the score of '0' has been judged as the most adequately reflecting the situation.

Response to Peer Reviewer 2:
Although I agree with Peer Reviewer 2 comment, the question here concerns a wide range of commitments. A member of the leadership may choose to not be very vocal but adopt mandates, promote given ethical behaviour through training, etc. Lastly, UAE culture may &quoute;require this to be done discreetly&quoute;, yet previous indicators (see those related to fighting organised crime) have also showcased stances that are anything but quiet and discreet. I thus do not see sufficient reasons provided by the Peer Reviewer that would justify a score of '2'.
Score maintained.

COMMENTS -+

Media sources:
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876 (accessed 10 May 2014)

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Though they might not make public statements on such issues, I do not think it accurate to say that the defence leadership is not committed to countering corruption. UAE culture requires this to be done discreetly, by putting culturally appropriate systems in place, by paying their people well, and through application of severe punishments for transgressors. I think a score of 2 might be a more accurate reflection of these realities.

Suggested score: 2

Researcher + Peer Reviewer-+

35.
score
2

Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?

Federal Laws number 6 and number 7 of 2004, which address the behavior of enlisted personnel and officers do tackle the issues of corruption within the defence sector.

According to Afridi and Angell: &quoute;Federal Law No. 6 of 2004, also known as the 'Federal Armed Forces Law', concerns the service of officers in the armed forces. The laws contain certain express provisions relating to the conduct of armed forces personnel with regard to conflicts of interest and gifts. Article 47 of the Federal Armed Forces Law prohibits an officer from undertaking work for third parties under any circumstances without the permission of the chief of staff. Article 48 of the Federal Armed Forces Law prohibits an officer from having any interest, whether personally or through an intermediary, in any works or contracts related to the armed forces with the exception to lease of property owned by him [...] Federal Law No. 7 concerns the service of enlisted personnel in the armed forces. This law prohibits the submission of bids on armed forces' tenders by members of the armed forces, the awarding of contracts to members of the armed forces and the purchasing of items from members of the armed forces. Article 47 of this law prohibits an officer from accepting gifts of any sort whatsoever, whether directly or indirectly. No exceptions are specified. The term 'armed forces' means the armed forces of the United Arab Emirates. The term 'Officer' means any military rank holder under the provisions of the law.&quoute;

Beyond this legislation, however, there is no evidence of an action plan put in place to fight corruption nor there is any evidence that this law has been enforced. Rare media reports indicate that training may take place, but this does not seem to be a planned and regular occurrence.

The 2013 assessment scores this question as '3'; however, given the lack of recent evidence suggesting that measures are consistently applied at present means that a score of '2' is most suitable.

Response to Peer Reviewer 1:
The Peer Reviewer has correctly flagged a discrepancy between the assessment and the score. Final score for this question has been changed from '3' to '2', and the sources added.

COMMENTS -+

Media sources:
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876 (accessed on 10 May 2014)
- “Engineer took bribe to help firm secure army contract bid.” http://7daysinabudhabi.com/2014/12/21/engineer-took-bribe-to-help-firm-secure-army-contract-bid/


Research sources:
- &quoute;United Arab Emirates, in Getting the Deal Through Association, Anti-Corruption Legislation: 2010&quoute;, Afridi and Angell, http://www.afridi-angell.com/publications/ac2010.pdf Also check out for Federal Law n° 6 of 2004 Federal Law n° 7 of 2004. (accessed 10 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: Although there is relevant law – as cited by the assessor – I could not find any evidence that defence personnel had been prosecuted or punished for any offence.

The only mentions of legal action taken against anyone for charges of corruption or bribery in the context of the defence or security establishment concern non-Emirati citizens who are not themselves military officers or civilian defence bureaucrats. In one instance, a Jordanian engineer was sentenced to fines and two years in prison for taking bribes from a firm that was competing for a tender with the UAE Armed Forces. The engineer, who worked for another firm that handled contracts for the UAE Armed Forces, claimed he confessed under torture, but these allegations were dismissed. The case was initially heard in a military court, but was subsequently transferred to criminal court.


“Engineer took bribe to help firm secure army contract bid.” http://7daysinabudhabi.com/2014/12/21/engineer-took-bribe-to-help-firm-secure-army-contract-bid/

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

36.
score
0

Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?

The State Audit Institution (SAI) runs a reporting mechanism through which employees and citizens can report fraud and corruption, through submitting complaints via the SAI website, e-mail or by post. The head of the SAI receives the complaints before transferring them to the involved ministry or agency, who are overseen by the SAI when investigating these complaints.

There is no specific legislative protection, however, for whistleblowers under the Labour Law or the DIFC Employment Law. While the DIFC Employment Law provides that an employer must not threaten, intimidate or coerce an employee because of a complaint or investigation, there is no specific protection for whistleblowers.

According to WhistleblowerSecurity.com, within the UAE's private sector, &quoute;there is no blanket protection for employees unveiling corporate wrongdoing. However, there are some protective provisions in place, including one by the independent Dubai Financial Services Authority (DFSA), which requires that all persons and entities licensed by the DFSA have appropriate procedures and protections to allow employees to disclose any information to the DFSA or to other appropriate bodies involved in the prevention of market misconduct, financial crime or money laundering. While this is limited to individuals and entities licensed by the DFSA, it does encourage a culture of reporting. [...] In June 2013, UAE legislators did put forward a bill to create a new anti-corruption authority named “The Federal Authority for Combating Corruption” (the FACC). The legislation would empower the FACC to issue regulations to protect whistleblowers from being prosecuted criminally, civilly or administratively. This protection will extend to whistleblowers who report information in relation to corruption in good faith. Whistleblowers will be presumed to be acting in good faith if it appears that they revealed information in the public interest and with the belief that enough information exists to justify the complaint. The proposed legislation is under deliberation and is widely expected to be passed by legislators before the end of 2013.&quoute;

As of April 2014, there has not been any update on this draft law. In addition, there is no mention about defence- and security-related practitioners with respect to encouragement and/or protection. No information was identified regarding specific policies for the defence and security sector. Lastly, no evidence was found suggesting there is discussion in the media regarding this issue.

In the 2013 UAE Defence Corruption Index the score for this indicator was 2 rather than 0. This seems to have been justified by provisions in the 2011 SAI reorganisation legislation. The latter does not, however, refer to military and defence personel. The 2015 assessment thus found no evidence to support a score higher than '0'.

COMMENTS -+

Institutional reports:
- State Audit Institution, &quoute;Submit a Fraud Report&quoute; page http://saiwb1.saiuae.gov.ae/English/Pages/Submitfraudreport.aspx (accessed on 25 April 2014)
- State Audit Institution Terms and Conditions http://saiwb1.saiuae.gov.ae/English/Pages/termsandcondition.aspx (accessed on 25 April 2014)

Media reports:
- &quoute;Legal protection for whistleblowers proposed in Dubai&quoute;, Emirates 24/7, August 27, 2012 http://www.emirates247.com/news/emirates/legal-protection-for-whistleblowers-proposed-in-dubai-2012-08-27-1.472827 (article from 2012, accessed on 25 April 2014)

Others:
- &quoute;Employment and employee benefits in United Arab Emirates: overview&quoute;, Practical Law by Thomson Reuters, Law stated as at 01-Nov-2013 http://uk.practicallaw.com/6-503-3460?source=relatedcontent#a66328 (accessed on 25 April 2014)
- &quoute;GLOBAL POLICIES FOR WHISTLEBLOWING ARE SPREADING RAPIDLY: UAE&quoute;, WhistleblowerSecurity.com, Oct 10, 2013 http://info.whistleblowersecurity.com/blog/bid/319841/Global-Policies-For-Whistleblowing-Are-Spreading-Rapidly-UAE (accessed on 25 April 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

37.
score
0

Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?

There is no evidence (either through institutional decisions and sources, or through media reports) indicating that special attention is being paid to personnel in risk-sensitive positions. (This corroborates information from Q10, which implies that regular corruption-risk assessments do not take place).

Response to Peer Reviewer 2:
&quoute;Anecdotal evidence&quoute;, as formulated by Peer Reviewer 2, is not sufficient to support a score higher than '0', as it is not solid proof of procedures being in place. Furthermore, Peer Reviewer 1 also highlights a challenge that I had consistently faced while producing the research for the 2015 assessment: the firm refusal to comment by a number of people I approached with this question.
Score maintained.

In the 2013 UAE Defence Corruption Index the score for this indicator was 1 rather than 0, which is too high for this methodology, which states that &quoute;There is no solid evidence about whether &quoute;special attention is paid to personnel in sensitive positions&quoute;.&quoute; The 2015 assessment found no evidence about such procedures and was not able to obtain independent confirmation about such special attention being paid either. Thus, the score that most aptly applies is the score of 0.

COMMENTS -+

Institutional sources:
N/A

Media sources:
N/A

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: I was unable to get any information on personnel appointment or promotion, despite multiple requests for interviews which were rejected. It is clear that there are firms staffed by foreign defence-acquisition professionals that advise the official defence establishment on procurement and financial management, including a company called Knowledge Point, which is a subsidiary of the state-owned Emirates Advanced Investments. Judging by the LinkedIn profiles of employees of Knowledge Point, many of them have decades of experience in public sector acquisition planning and oversight of major weapons systems, and currently work with the UAE Armed Forces on similar issues. (Many are retired U.S. Military).

https://www.linkedin.com/pub/kenneth-copeland/67/669/4b

Whether or not these personnel advise on administrative oversight, promotion policies and general management issues is unclear – but their presence might suggest that the current arrangement lacked the regulations necessary for the efficient functioning of procurement.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: As highlighted in an earlier question, I have anecdotal evidence of cases where senior military officers involved in significant procurement decisions and controlling significant expenditure have been subject to heightened security & background checks. I suggest a score of 1 is probably more accurate than a 0.

Suggested score: 1

Researcher + Peer Reviewer-+

38.
score
0

Is the number of civilian and military personnel accurately known and publicly available?

There are various publicly available estimates of the size of the UAE armed forces, but these are not necessarily official government figures. There are different (promotional) resources made widely available, showing, for example, life in the army. Yet, the Ministry of Defence does not issue a definitive report on the number of employed personnel. Additionally, personnel in sensitive intelligence positions are not listed.

It is worth noting that draft law on mandatory military service is being discussed in the Federal National Council (FNC) which may lead to a change in this policy in the future.

The 2013 assessment scored this question with a 3 all by acknowledging that information is solely available through non-government sources. The score of 0 aptly responds to the question here which requests government sources on number of personnel on the payroll. Thus, the 2015 assessment has scored it with a 0 to reflect this.

COMMENTS -+

Media sources:
- &quoute;New documentary to chronicle lives of UAE military personnel&quoute;, The National UAE, March 4, 2014 http://www.thenational.ae/uae/new-documentary-to-chronicle-lives-of-uae-military-personnel (accessed 8 May 2014)
- &quoute;FNC approves military draft law in UAE&quoute;, The National UAE, March 26, 2014 http://www.thenational.ae/uae/government/fnc-approves-military-draft-law-in-uae (accessed 8 May 2014)

Others:
- &quoute;The UAE military is designed around a defensive stance and exhibits the highest per capita spending in the world.&quoute;, GlobalFirePower.com, March 27, 2014 http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=united-arab-emirates (accessed 8 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Again this is an area where GHQ currently has the lead not MOD. GHQ will have a good grasp on the number of personnel on the payroll but chooses not to make this information public deeming it to be sensitive for national security purposes.

Suggested score:

Researcher + Peer Reviewer-+

39.
score
3

Are pay rates and allowances for civilian and military personnel openly published?

Personnel pay rates are specified in dedicated legislation for military employees, and there may be occasional media announcements such as the ones linked to above to inform the public that salaries will be paid on a different dates due to forthcoming public holidays or celebrations.

The score here is difficult to determine: although there is relevant legislation leading to the open publication of these pay scales, it is not accessible online via official government websites (rather, they are accessible on unofficial sources online and via people on-site) and possible changes in pay rates do not seem to be discussed anywhere.


Response to Peer Reviewer 1:
I agree with Peer Reviewer 1 and have lowered the score from 4 to 3, to aptly reflect the lack of publicly available information. Thus, score in the 2015 assessment differs from the 2013 assessment (it was score '4') as the available evidence suits better a score of 3.
Score changed and sources added.

COMMENTS -+

Institutional reports:
- Executive Order number 40 of 2008 in the Matter of Salaries, Bonuses and Allowances in the Police, Security Forces and Ministry of the Interior

Media reports:
- &quoute;Military personnel to get salaries on August 14&quoute;, Gulf News, August 12, 2012 http://gulfnews.com/news/gulf/uae/government/military-personnel-to-get-salaries-on-august-14-1.1061134 (accessed 8 May 2014)
- &quoute;UAE government staff salary on Monday&quoute;, Emirates 24/7, July 24, 2011 http://www.emirates247.com/news/uae-government-staff-salary-on-monday-2011-07-24-1.409220 (accessed 8 May 2014)
- Ola Salem. 4 March 2014. “Benefits await Emiratis who complete military service.” The National (UAE).
- “UAE President issues decree on remuneration of national service, reserve service recruits.” 23 December 2014. http://www.uaeinteract.com/french/news/default.asp?ID=489

Other Sources:
- &quoute;Lexis Middle East Law&quoute;, LexisNexis, 2014, http://internationalsales.lexisnexis.com/english-is/products/lexis-middle-east-law.page
- &quoute;UAE Information&quoute;, Zayed University, Last Updated: Dec 17, 2014, http://zu.libguides.com/c.php?g=125375&p=820841
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: I would give a score of 3, for the reasons the assessor gives above, mainly that official sources are not readily available, and allowances (which can account for a substantial portion of overall remuneration) are unclear. However, salaries related to the new national service (draft/conscription) law are quite transparent. The transparency of conscript salaries may make salaries and allowances more transparent for all members of the Armed Forces, as it will become an issue of interest to a broader segment of society. The new law requires that private employers continue to pay half the salary of an employee that takes a leave of absence to perform his/her national service (the armed forces picks up the other half). There is bound to be pushback on this from the private sector, which will likely put pressure on the government to justify this policy and cite overall costs, average costs to employers, etc. Additionally, the law states that a monthly bonus will be provided for those enlistees who are entrepreneurs and skilled workers – and clarification on which individuals fit into these categories is likely to elicit the same sort of pushback and necessitate a government response. The new law also states that those who complete their national service will have priority in job placements, promotions, access to loans for marriage and the purchase of land, and that the Armed Forces will fund their continued education. The provision of such benefits to such a large portion of the population will certainly make the range of benefits available to regular enlisted personnel much clearer.

As of now, the basic pay rates for conscripts are clear and publicly-available (although the classification of individuals for the above categories is less clear). The following text is taken from the official government website handling public communication regarding the new policy:

“President His Highness Sheikh Khalifa bin Zayed Al Nahyan has issued Federal Decree No. 117 of 2014 on remuneration of recruits on national service and those called to reserve service. According to the first article of the new decree, national service recruits who are self-employed professionals and owners of personal enterprises will receive remuneration of Dh3000 a month. Recruits who are not employees of ministries and government departments and federal and local institutions and the private sector will receive remuneration of Dh3000 a month…..[R]emuneration of those on reserve service will be the following: For servicemen and employees who completed their service at the institutions defined by Article 6 of Federal Law No. 6 of 2014 which states that military service may be completed at the UAE Armed Forces, the Ministry of Defence, the Ministry of Interior, the State Security Service and other institutions part of the military system, and others identified by the Deputy Supreme Commander of the UAE Armed Forces. In case the duration of service for a serviceman or employee is three months or less, they will receive remuneration for the whole period as follows: rank of brigadier or equivalent: Dh21,000; ranks of lieutenant colonel and major or equivalent: Dh19,000; ranks of lieutenant up to captain or equivalent: Dh17,000; other ranks: Dh15,000. In case the duration of the serviceman or employee is more than three month, he will receive a monthly salary based on the last total salary (for the rank in the military service or employment grade) which will be equivalent to the salary for the previous rank or grade….According to the decree which will be published in the Official Gazette, the Deputy Supreme Commander of The Armed Forces may make any amendments to the value of the abovementioned remunerations at his discretion of the public interest.”


Ola Salem. 4 March 2014. “Benefits await Emiratis who complete military service.” The National (UAE).

“UAE President issues decree on remuneration of national service, reserve service recruits.” 23 December 2014. http://www.uaeinteract.com/french/news/default.asp?ID=489

Suggested score: 3

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: In answer to the question posed, I'm not aware of any publicly available information on the various allowances that are paid.

Suggested score:

Researcher + Peer Reviewer-+

40.
score
4

Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?

Reports indicate that salaries are paid on time. On occasions where there may be scheduled delays to payments due to public holidays, media announcements are made informing the public of these changes (see articles above).

No evidence was identified regarding unscheduled payment delays.

COMMENTS -+

Media reports:
- &quoute;Military personnel to get salaries on August 14&quoute;, Gulf News, August 12, 2012 http://gulfnews.com/news/gulf/uae/government/military-personnel-to-get-salaries-on-august-14-1.1061134 (accessed 8 May 2014)
- &quoute;UAE government staff salary on Monday&quoute;, Emirates 24/7, July 24, 2011 http://www.emirates247.com/news/uae-government-staff-salary-on-monday-2011-07-24-1.409220 (accessed 8 May 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

41.
score
2

Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?

Federal Law no. 6 (2004) establishes the human resources framework for military personnel. It stipulates that promotions are to be based on seniority and performance for most levels, although the same criteria for top ranks are not mentioned here. Additionally, the law seems to have been amended in 2012, but there is insufficient information to evaluate whether these amendments introduced fundamental changes to the initial framework as established in 2004.

GlobalSecurity.org writes: 'The Supreme Council Rulers (SCR) consists of the rulers of the seven emirates; it elects from among its members a president and a vice president, who serve for a term of five years. The president serves as chairman of the SCR, head of state, and commander of the Union defence Force (UDF). The president convenes the SCR and appoints the prime minister, the two deputy prime ministers, the cabinet ministers, and other senior civil and military officials.&quoute;

The top positions of both the armed forces and the security services are held by officials with strong ties to the ruling family and/or other important clans in the country. Other governmental agencies which may partake to defence-related affairs are also often headed by members of the ruling families (see Khaleej Times piece). Nepotism and favoritism are also mentioned by A.H. Cordesman and K.R. Al-Rodhan: &quoute;As is the case with all UAE training and promotion, however, nepotism, favoritism and a failure to enforce training standards and requirements for personnel with good family contacts are an occasional problem.&quoute;

No more recent sources pertaining to this question are available.

COMMENTS -+

Institutional sources:
- Federal Law number 6 of 2004 On The Officers Service In The Armed Forces (amended with Law number 6 of 2012, http://www.uaeinteract.com/docs/Mohammed_bin_Rashid_issues_law_on_local_military_human_resources_in_Dubai/51334.htm; accessed 8 May 2014)

Others:
- UAE Ministries, GlobalSecurity.org, 2007 http://www.globalsecurity.org/military/world/gulf/uae-ministries.htm (accessed 8 May 2014)
- &quoute;Gulf Military Forces in an Era of Asymmetric Wars&quoute;, by Anthony H. Cordesman, Khalid R. Al-Rodhan, 2006 (A chapter may be accessed here: www.csis.org/files/media/csis/pubs/060728_gulf_uae.pdf; accessed 8 May 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: My understanding from talking to Emirate officers is that promotion upto Col is broadly automatic, in line with seniority in rank, time served, and a measure of ongoing competence. Promotion to Brig is not automatic and much more tied to merit. Promotion to Maj Gen requires personal approval of HH the deputy supreme commander and so is much more political. Of note, it is common practice for officers get promoted just prior to retirement in order to bump up their pensions.

Suggested score:

Researcher + Peer Reviewer-+

42.
score
2

Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.

Federal Law no. 6 (2004) establishes the human resources framework for military personnel. It stipulates that promotions are to be based on seniority and performance for most levels, although the same criteria for top ranks are not mentioned here. Additionally, the law seems to have been amended in 2012, but there is insufficient information to evaluate whether these amendments introduced fundamental changes to the initial framework as established in 2004.

GlobalSecurity.org writes: 'The Supreme Council Rulers (SCR) consists of the rulers of the seven emirates; it elects from among its members a president and a vice president, who serve for a term of five years. The president serves as chairman of the SCR, head of state, and commander of the Union defence Force (UDF). The president convenes the SCR and appoints the prime minister, the two deputy prime ministers, the cabinet ministers, and other senior civil and military officials.&quoute;

The top positions of both the armed forces and the security services are held by officials with strong ties to the ruling family and/or other important clans in the country. Nepotism and favoritism are also mentioned by A.H. Cordesman and K.R. Al-Rodhan: &quoute;As is the case with all UAE training and promotion, however, nepotism, favoritism and a failure to enforce training standards and requirements for personnel with good family contacts are an occasional problem.&quoute;

Interestingly, the Emirates Group (wholly owned by the Government of Dubai directly under the Investment Corporation of Dubai) runs an open call for application for its civilian pilots positions.

Lastly, the Government Resource Planning systems regulate appointment of retired military personnel, among others (high ranking officials are promoted or re-appointed through the issuance of an amiri decree).

In the 2013 UAE Defence Corruption Index the score for this indicator was 3 rather than 2. The higher score is unjustified as per the current methodology, as the assessment only outlined legal provisions and stated &quoute;However, officers of the rank of major general and above will only be pensioned, promoted or reinstated by a Presidential decree.&quoute; The latter statement is clearly pointing to a score lower than 3.

COMMENTS -+

Institutional sources:
- Federal Law number 6 of 2004 On The Officers Service In The Armed Forces (amended with Law number 6 of 2012, http://www.uaeinteract.com/docs/Mohammed_bin_Rashid_issues_law_on_local_military_human_resources_in_Dubai/51334.htm; accessed 8 May 2014)

Media reports:
- &quoute;GRP System Applies Law on Appointment of Retired Citizens in Dubai&quoute;, The Advocates, undated but seems from 2009 http://www.theadvocates.ae/news/grp-system-applies-law-appointment-retired-citizens-dubai/ (accessed 8 May 2014)

Others:
- UAE Ministries, GlobalSecurity.org, 2007 http://www.globalsecurity.org/military/world/gulf/uae-ministries.htm (accessed 8 May 2014)
- &quoute;Gulf Military Forces in an Era of Asymmetric Wars&quoute;, by Anthony H. Cordesman, Khalid R. Al-Rodhan, 2006 (A chapter may be accessed here: www.csis.org/files/media/csis/pubs/060728_gulf_uae.pdf; accessed 8 May 2014)
- Emirates Group Careers, Pilot Jobs section http://www.emiratesgroupcareers.com/english/Careers_Overview/Pilot_Jobs /Recruitment_Process.aspx (accessed 8 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

43.
score
1

Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Compulsory military service for men aged 18-30 (optional for women) has been introduced after a law was passed on 7 June 2014 (see Al-Jazeera English report linked to above). Despite having produced a quite detailed piece on the duties this law introduces, Gulf News does not mention anything about policy or mechanism by which bribery to avoid conscription may be fought. The Gulf News article states that &quoute;citizens who fail to enlist for military service without valid reason until they reach 29 years of age will face a jail term of between one month and a year, or a fine ranging between Dh10,000 and Dh50,000 or both. They will have to undergo the military service even if they exceed the age limit of 30.&quoute;

As the law is brand new, its effects and shortcomings cannot be reasonably assessed. However, given it does not address the potential risk of bribery, a low score has been awarded.

Federal Laws number 6 and number 7 of 2004, which address the behavior of enlisted personnel and officers do tackle the issues of corruption within the defence sector. Beyond this legislation, however, there is no evidence of an action plan put in place to fight corruption nor there is any evidence that this law has been enforced (also see question 35)

Response to Peer Reviewer 1:
Peer Reviewer 1 challenged the current score of '1' but the evidence provided does not support a requested score of '2'. Quite the contrary: as Peer Reviewer 2 points out, the &quoute;state of mind&quoute; is pretty much in favour of conscription; moreover, there are clear advantages to enlist: &quoute;Citizens who complete service will enjoy a range of benefits, including priority for jobs in government institutions and private businesses, and housing plots and scholarships.&quoute; (see OilPrice.com piece linked to above). OilPrice.com also highlights: &quoute;The law also disqualifies from service citizens who are members of illegal organizations – an obvious reference to the Muslim Brotherhood, the Islamic group banned in the UAE, Bahrain, Egypt, Russia, Syria, and Saudi Arabia.&quoute;

This is an interesting point as one may speculate and imagine that an opposite movement may occur, that is one where some citizens bribe to actually get enlisted while they are banned from it, just to have easier access to the additional benefits. As aforementioned a few times, it is too early to say anything tangible and verifiable regarding bribery and conscription in the UAE.
Score maintained.

In the 2013 Index, this question scored an N/A, as, at the time, conscription was not practiced in the UAE. It has since been re-introduced.

COMMENTS -+

Media reports:
- &quoute;The United Arab Emirates to introduce compulsory military service for males&quoute;, Deutsche Welle, Jan 19, 2014 http://www.dw.de/united-arab-emirates-to-introduce-compulsory-military-service-for-males/a-17372945 (accessed 28 April 2014)
- Ola Salem. 4 March 2014. “Benefits await Emiratis who complete military service.” The National (UAE).
- &quoute;UAE introduces compulsory military service&quoute;, Al-Jazeera English, 8 Jun 2014 http://www.aljazeera.com/news/middleeast/2014/06/united-arab-emirates-issues-conscription-law-20146872230517860.html (accessed 28 July 2014)
- &quoute;Mandatory national service in UAE approved&quoute;, Gulf News, June 7, 2014 http://gulfnews.com/news/gulf/uae/government/mandatory-national-service-in-uae-approved-1.1344117 (accessed 28 July 2014)
- &quoute;Does UAE Conscription Law Signal the End of the Dream?&quoute;, OilPrice.com, 5 Aug 2014 http://oilprice.com/Geopolitics/Middle-East/Does-UAE-Conscription-Law-Signal-the-End-of-the-Dream.html (accessed 20 June 2015)

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;2&quoute; - as there are clear penalties for those seeking to avoid conscription.

The new national service (draft/conscription) law includes many highly-subjective elements that would seem to make it ripe for bribery. Not only are there exemptions if the male is the sole breadwinner for his mother; sister; or other ‘dependents,’ the law also states that a monthly bonus will be provided for those enlistees who qualify as “entrepreneurs and skilled workers.” Clarification on which individuals fit into these categories is likely to generate considerable differentials in pay, which could easily be manipulated.

Ola Salem. 4 March 2014. “Benefits await Emiratis who complete military service.” The National (UAE).

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Its very early days, with the procedures for national service only just being established. The sons of the ruling families are leading by example and no exceptions are being made for them - at least publicly. It may be that the current regional threat environment and linked desire by the UAE to harness its small citizenry to best effect will create a strong state-moral incentive for young people to do their bit and share this common coming-of-age experience together.

Suggested score:

Researcher + Peer Reviewer-+

44.
score
1

With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Compulsory military service for men aged 18-30 (optional for women) has been introduced after a law was passed on 7 June 2014 (see Al-Jazeera English report linked to above). Despite having produced a quite detailed piece on the duties this law introduces, Gulf News does not mention anything about policies or mechanisms by which bribery to gain preferred postings may be fought.

The Gulf News article says: &quoute;Citizens who fail to enlist for military service without valid reason until they reach 29 years of age will face a jail term of between one month and a year, or a fine ranging between Dh10,000 and Dh50,000 or both. They will have to undergo the military service even if they exceed the age limit of 30.&quoute;

As the law is brand new, its effects and shortcomings cannot be reasonably assessed. However, given that it does not address the potential risk of bribery, a low score has been awarded.

Federal Laws number 6 and number 7 of 2004, which address the behavior of enlisted personnel and officers do tackle the issues of corruption within the defence sector. Beyond this legislation, however, there is no evidence of an action plan put in place to fight corruption nor there is any evidence that this law has been enforced (also see question 35).

Response to Peer Reviewer 2:
I understand Peer Reviewer 2's views but as there is no evidence for the higher score, the final score remains unchanged.

In the 2013 Index, this question scored an N/A, as, at the time, conscription was not practiced in the UAE. It has since been re-introduced.

COMMENTS -+

Media reports:
- &quoute;The United Arab Emirates to introduce compulsory military service for males&quoute;, Deutsche Welle, Jan 19, 2014 http://www.dw.de/united-arab-emirates-to-introduce-compulsory-military-service-for-males/a-17372945 (accessed 28 April 2014)
- &quoute;UAE introduces compulsory military service&quoute;, Al-Jazeera English, 8 Jun 2014 http://www.aljazeera.com/news/middleeast/2014/06/united-arab-emirates-issues-conscription-law-20146872230517860.html (accessed 28 July 2014)
- &quoute;Mandatory national service in UAE approved&quoute;, Gulf News, June 7, 2014 http://gulfnews.com/news/gulf/uae/government/mandatory-national-service-in-uae-approved-1.1344117 (accessed 28 July 2014)

Academic sources:
- Eric Maudsley. Fall 2012. “Teaching Bedouin to swim: Cultural barriers to training in the Abu Dhabi Critical National Infrastructure Authority.” unpublished manuscript. https://www.academia.edu/2515764/Teaching_Bedouin_to_swim_Cultural_barriers_to_training_in_the_Abu_Dhabi_Critical_National_Infrastructure_Authority

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: According to an unpublished manuscript on the cultural challenges encountered by foreign contractors working to train Emirati soldiers, enlisted men often attempt to use their personal connections or gifts to earn better marks, which probably suggests the same behavior occurs with regard to postings. The author interviewed several trainers, who reported that, “In the past, some students have used “Wasta” to attempt to circumvent being tested on skills in which they know they are lacking …. [o]n the first day of the Maritime Course, we do a swimming assessment on every student for safety reasons. They have to be able to swim long enough to be rescued if they fall overboard, so they cannot be allowed to go out in boats if they cannot swim. Sometimes we would get students who would pull us aside before the test and give us a letter from the Sheik of their tribe, or a relative with high military rank, that would say something like ‘I have seen this man swim before, he is an excellent swimmer.’ The expectation was that we would then excuse him from the swimming test. It caused a lot of tension with the students and the staff, because we were essentially calling their Sheik a liar if we still tested them,” p11-12.


Eric Maudsley. Fall 2012. “Teaching Bedouin to swim: Cultural barriers to training in the Abu Dhabi Critical National Infrastructure Authority.” unpublished manuscript. https://www.academia.edu/2515764/Teaching_Bedouin_to_swim_Cultural_barriers_to_training_in_the_Abu_Dhabi_Critical_National_Infrastructure_Authority


Suggested score:

Researcher + Peer Reviewer-+

Opinion: Not Qualified

Comment:

Suggested score:

Researcher + Peer Reviewer-+

45.
score
3

Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?

Ghost soldiers are not explicitly mentioned in institutional or media sources.

Within the wider context, there are no reports featuring issues with salaries, with any delays due to public holidays etc being announced well in advance (see Q40 for more details). The lack of documented evidence of complaints suggests 'ghost soldiers' are unlikely to exist.

There is the possibility that the existing system could be exploited, however, given that recruitment and personnel numbers are not published by the government Q38, and the recent influx of recruits due to the reintroduction of national service - however, given the information received thus far on how well the payments and payroll systems are run, and given the fact that chains of payment and command are strictly separated (Q46), it is reasonable to conclude that ghost soldiers are unlikely to be a problem within the UAE's defence sector.

Furthermore, the lack of transparency regarding the number of soldiers seems unlikely to be related to an issue with salaries. Entering the army to avoid unemployment does not seem to be common practice, and the introduction of compulsory conscription is more geared towards a professionalisation of the army and strengthening the country's military power -- not just the army but also in terms of military production which is a new goal.

COMMENTS -+

Institutional reports:
N/A

Media reports:
N/A

Others:
N/A

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

46.
score
4

Are chains of command separate from chains of payment?

Payment is processed independently from the chain of command as per the Wages Protection System (WPS) Guideline issued by the Ministry of Labour in 2009 (see Gulf News report for announcement).

Furthermore, there are no recent reports featuring issues with salaries, and there has never been a report suggesting that officers themselves pay the soldiers. Given the UAE's strive to achieve widely reaching e-services and introduction of ICTs in the public administration, it seems likely that strong, electronic payment systems are in place.

COMMENTS -+

Institutional sources:
- Wages Protection System Guideline, Ministry of Labour, undated http://www.mol.gov.ae/NewMolGateway/english/wpsGuidelineEng.aspx

Media reports:
- &quoute;UAE Government launches wage protection system for workers&quoute;, Gulf News, 26 May 2009 http://gulfnews.com/news/gulf/uae/employment/uae-government-launches-wage-protection-system-for-workers-1.69869

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

47.
score
2

Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?

There is no evidence of a Code of Conduct; however, as Peer Reviewer 1 notes, there are standards of ethical behaviour regarding gifts and bribery, which are laid out in some detail in various pieces of legislation. 2004's Federal Law number 6 stipulates that no officer will accept financial advantages or any gifts. The Law was amended in 2012, but there is insufficient information to compare and cross-check whether significant changes have been introduced. In any event, the provisions from the 2004 version provide the closest available set of stipulations to a Code of Conduct.

There have also been media reports about events aiming to tackle corruption at large in the security sector (see media reports above): &quoute;Titled ‘corruption and its impact on security and development’, the event called on the law enforcement authorities to work hand in hand with the State Audit Institution (SAI) to fight any form of corruption and disallow its manifestation from mushrooming in society.&quoute;

Meanwhile, the BTI 2014 report notes that &quoute;no high-profile cases were announced during the 2011 – 2013 period [...] While the law establishes penalties for corruption, the fact that public officials are not required to file financial disclosure forms remains a constraint to the law’s effectiveness.&quoute;

Response to Peer Reviewer 1 :
Agreed. While there is no strict Code of Conduct, the legislation does prescribe ethical behaviour amongst defence personnel. A score of 2 reflects this while allowing for the fact that the rules themselves are vague and unclear, and there is doubt as to their distribution and application. Peer Reviewer 2 highlights additional information that may actually point towards a lower score; however, this question focuses on the legislation available on the topic rather than its application in practice.

COMMENTS -+

Institutional reports:
- Federal Law number 6 of 2004 (amended through Law 6 of 2012)

Media reports:
- &quoute;Fighting graft is UAE’s top priority&quoute;, Gulf News, Jan 6, 2013 http://gulfnews.com/news/gulf/uae/government/fighting-graft-is-uae-s-top-priority-1.1128536 (accessed on 8 May 2014)
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876 (accessed on 8 May 2014)

Research reports:
- BTI 2014 | United Arab Emirates Country Report http://www.bti-project.org/reports/country-reports/mena/are/index.nc (accessed on 8 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;2,&quoute; as the Armed Forces Laws (Nos. 6 and 7 of 2004) do read as a code of conduct, although they are not comprehensive and certainly lack in application and distribution. They do, however, clearly prohibit officers and enlisted personnel from accepting any gift (whether given directly or indirectly) without exception. However, there is no policy related to conflicts of interest (indeed, no public officials are required to report on their personal holdings, which is a major shortcoming in existing anti-corruption legislation) or post-separation activities (ie, &quoute;cooling off periods&quoute;).

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: I have certainly not come across any such code of conduct. The giving & receiving of gifts and provision of often extravagant official hospitality is an important part of Emirati and Arab business culture, so I suspect this provides fertile ground for added incentives and deal-making sweeteners.

Suggested score:

Researcher + Peer Reviewer-+

48.
score
2

Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?

This indicator is difficult to grade as the criteria does not correspond to the situation: there is no Code of Conduct per se, yet cases of corruption in the security apparatus are given attention in the media (see the two examples above). In addition, the Global Competitiveness Report 2013 - 2014 compiled by the World Economic Forum indicated a very high trust in the police services in the UAE.

Thus, although no Code of Conduct seems to exist, unethical behaviour is sometimes pursued if uncovered, hence the score of 2.

COMMENTS -+

Media reports:
- &quoute;Policeman jailed for asking for a bribe from motorist obstructing traffic at JBR&quoute;, The National UAE, April 15, 2014 http://www.thenational.ae/uae/courts/policeman-jailed-for-asking-for-a-bribe-from-motorist-obstructing-traffic-at-jbr (accessed 8 May 2014)
- &quoute;Men bribed police officer to release prisoner, hears Dubai court&quoute;, The National UAE, October 8, 2013 http://www.thenational.ae/uae/courts/men-bribed-police-officer-to-release-prisoner-hears-dubai-court (accessed 8 May 2014)

Research reports:
- The Global Competitiveness Report 2013-2014 data platform, World Economic Forum http://www.weforum.org/issues/competitiveness-0/gci2012-data-platform/ (accessed 8 May 2014)

Academic sources:
- Eric Maudsley. Fall 2012. “Teaching Bedouin to swim; Cultural barriers to training in the Abu Dhabi Critical National Infrastructure Authority.” unpublished manuscript. https://www.academia.edu/2515764/Teaching_Bedouin_to_swim_Cultural_barriers_to_training_in_the_Abu_Dhabi_Critical_National_Infrastructure_Authority

SOURCES -+

Opinion: Agree with Comments

Comment: According to an unpublished manuscript on the cultural challenges encountered by foreign contractors working to train Emirati soldiers, enlisted men often attempt to use their personal connections to earn better marks, which comes close to violating the spirit of the code of conduct contained in the Armed Forces Law. The author of the paper does not mention any sanctions or disciplinary actions, instead conceding that these practices are typical of personnel working in any institution/organization, and that they are not generally seen (even by foreign training staff) as evidence of corruption. Instead they are treated as cultural norms that are – at worst – an obstacle to the efficiency and efficacy of the Armed Forces, but do not rise to the label of corruption or bribery.

In the paper, the author interviewed several trainers, who reported that, “In the past, some students have used “Wasta” to attempt to circumvent being tested on skills in which they know they are lacking …. [o]n the first day of the Maritime Course, we do a swimming assessment on every student for safety reasons. They have to be able to swim long enough to be rescued if they fall overboard, so they cannot be allowed to go out in boats if they cannot swim. Sometimes we would get students who would pull us aside before the test and give us a letter from the Sheik of their tribe, or a relative with high military rank, that would say something like ‘I have seen this man swim before, he is an excellent swimmer.’ The expectation was that we would then excuse him from the swimming test. It caused a lot of tension with the students and the staff, because we were essentially calling their Sheik a liar if we still tested them,” p11-12.

- Eric Maudsley. Fall 2012. “Teaching Bedouin to swim; Cultural barriers to training in the Abu Dhabi Critical National Infrastructure Authority.” unpublished manuscript. https://www.academia.edu/2515764/Teaching_Bedouin_to_swim_Cultural_barriers_to_training_in_the_Abu_Dhabi_Critical_National_Infrastructure_Authority

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

49.
score
0

Does regular anti-corruption training take place for military and civilian personnel?

There is no evidence of specific anti-corruption training conducted in the military. The Master's thesis by H.M.S. Al-Muhairi linked to above suggests, however, that security personnel have received some anti-corruption training, but it remains unclear whether this is a regular occurrence.

There have been media reports from April 2013 about a new policy aiming to tackle corruption at large in the security sector: &quoute;Titled ‘Corruption and its impact on security and development’, the event called on the law enforcement authorities to work hand in hand with the State Audit Institution (SAI) to fight any form of corruption and disallow its manifestation from mushrooming in society.&quoute;

Yet no mention of implementing training exists in the news piece and no update has been identified on this policy development ever since.

COMMENTS -+

Media reports:
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876 (accessed on 8 May 2014)

Research reports:
- &quoute;Police Corruption and Strategies for its Prevention in the Emirate of Abu Dhabi&quoute;, http://eprints.qut.edu.au/16689/1/Humaid_Mohamed_Saed_Al-Muhairi_Thesis.pdf (Master's thesis from 2008; accessed on 8 May 2014)
-John Henzell. May 23, 2013. “Bribery laws go beyond borders.” http://www.thenational.ae/news/uae-news/bribery-laws-go-beyond-borders#full &quoute; (end of comment)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: With the passage of the UK Bribery Act in 2011 and increasing prosecutions under the US FCPA since the early 2000s, anti-corruption training in the UAE is increasing. However, this seems largely restricted to the private sector, which is much more likely to come under the jurisdiction of the US and UK anti-bribery laws. This training appears to have included personnel from parastatal firms like Etisalat, in which the government is the single largest shareholder. However, there is no evidence of any similar training for individuals in the defence and security establishment.

John Henzell. May 23, 2013. “Bribery laws go beyond borders.” http://www.thenational.ae/news/uae-news/bribery-laws-go-beyond-borders#full

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Making public knowledge such training would be a sensitive issue to the defence sector, for fear of creating a perception that a problem existed in the first place. It is worth pointing out here that most UAE senior military officers will have attended UK, US and other western military academies at various points in there careers and so will have been exposed to international norms & best practices in this area - albeit indirectly.

Suggested score:

Researcher + Peer Reviewer-+

50.
score
1

Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?

Military personnel are subject to military courts in the event of misdemeanour and there is no evidence that any military personnel have been tried in the last few years. No allegations of corruption were reported either. However, members of the police forces have been found guilty of corrupt practices, and details of their cases published (see above).

The media has occasionally reported on court hearings from security personnel (see the examples linked to above), those being police and not military personnel. Yet, although some cases may be reported on, there is no law or rule mandating that such outcomes must be made public - a situation applicable for both police and military prosecutions. It is worth noting the Peer Reviewer's comment here regarding requests for more openness surrounding corruption cases to go unanswered.

It is unclear what has bolstered media attention to the cases quoted above, but there are no indications that these particular cases are exceptional circumstances. There does not appear to be a law or regulation that requires cases or outcomes to be made public, but given that there are examples of successful prosecutions in the security sector, a score of 2 seems the most appropriate here.

COMMENTS -+

Institutional sources:
N/A

Media reports:
- &quoute;Policeman jailed for asking for a bribe from motorist obstructing traffic at JBR&quoute;, The National UAE, April 15, 2014 http://www.thenational.ae/uae/courts/policeman-jailed-for-asking-for-a-bribe-from-motorist-obstructing-traffic-at-jbr (accessed 8 May 2014)
- &quoute;Men bribed police officer to release prisoner, hears Dubai court&quoute;, The National UAE, October 8, 2013 http://www.thenational.ae/uae/courts/men-bribed-police-officer-to-release-prisoner-hears-dubai-court (accessed 8 May 2014)

Other sources:
United States Department of State. Untitled Document. http://www.state.gov/documents/organization/160079.pdf&quoute;
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: In the case of private individuals and members of the police, the identities of individuals - including those who are tried, convicted, and sentenced on corruption offences - is kept secret. They are only identified by their first and last initial (and their nationality).

According to a 2008 report from the US Department of State, the State Audit Institution recovered approximately 300 million dirhams (approximately $82 million) that had been embezzled by public employees that year, but no information on the prosecution or punishment of these employees was released. The report further states that, although the law provides for public access to such information, most requests go unanswered.


United States Department of State. Untitled Document. http://www.state.gov/documents/organization/160079.pdf

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

51.
score
2

Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?

According to the Arab Law Quarterly brief, &quoute;'Bribery'' is punishable in the United Arab Emirates (UAE) according to Articles 234 to 239 of the Federal Penal Code and also according to penal codes of individual Emirates, if any, and the Federal Armed Forces Law. Notwithstanding that, there is no unified definition for measures against 'bribery'. [...] it is forbidden for public servants to attempt, to obtain, to accept, or to agree to accept, any such gratification, and it is illegal to use a third person as a conduit or intermediate, or to act in that capacity for payment of such gratification.&quoute; There are reports about efforts made to address such unethical behaviour, prosecutions and high trust in police: e.g., The National reported in April 2014 that a &quoute;policeman will spend two years in jail after he was convicted of asking for a Dh3,000 bribe from a Saudi driver in return for not issuing him a ticket for obstructing traffic. The Dubai Criminal Court also ordered that Emirati defendant be removed from his position for three years.&quoute;

Despite these legislative safeguards, unethical behaviour continues to occur in the security sector (as can be evidenced in media reports as cited in Q48).

In addition, there is no mention that facilitation payments from Emiratis abroad are forbidden. These considerations and the lack of unified definition for measures against unethical behaviour both across emirates and for Emiratis abroad are a justification for a score of 2.

COMMENTS -+

Media reports:
- &quoute;Policeman jailed for asking for a bribe from motorist obstructing traffic at JBR&quoute;, The National UAE, April 15, 2014 http://www.thenational.ae/uae/courts/policeman-jailed-for-asking-for-a-bribe-from-motorist-obstructing-traffic-at-jbr (accessed 8 May 2014)
- &quoute;Men bribed police officer to release prisoner, hears Dubai court&quoute;, The National UAE, October 8, 2013 http://www.thenational.ae/uae/courts/men-bribed-police-officer-to-release-prisoner-hears-dubai-court (accessed 8 May 2014)
- &quoute;Fighting graft is UAE’s top priority&quoute;, Gulf News, January 6, 2013 http://gulfnews.com/news/gulf/uae/government/fighting-graft-is-uae-s-top-priority-1.1128536 (accessed on 8 May 2014)
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876 (accessed on 8 May 2014)
- Mark Mazzetti and Emily B. Hager. May 14, 2011 “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0. Contract copy available here: http://graphics8.nytimes.com/packages/pdf/CONTRACT.pdf?ref=middleeast, p13
- Gulf States Newsletter. “As attitudes change, Gulf governments walk thin line on arms deals.” 17 October 2003, Volume 27 (Number 720), p20.
http://www.gsn-online.com/sites/default/files/GSN%20720-Oct2003.pdf

Research reports:
- The Global Competitiveness Report 2013-2014 data platform, World Economic Forum http://www.weforum.org/issues/competitiveness-0/gci2012-data-platform/ (accessed 8 May 2014)
- &quoute;Measures Against Corruptibility, Gifts and Gratification: Bribery in the Middle East&quoute;, Arab Law Quarterly, 2000 http://www.mafhoum.com/press2/brib76.pdf (accessed 8 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

For an overview of case 812/90 see: Middle East Commercial Law Review. January-February 1995. Volume 1 (Issue 1): pA-10. Cited in Abdulhay Sayed (ed). 2004. Corruption in International Trade and Commercial Arbitration, fn 549.

SOURCES -+

Opinion: Agree with Comments

Comment: In a contract signed between the Armed Forces GHQ (General Headquarters in Abu Dhabi) and a US-based private military contractor (Reflex Responses Management LLC) obtained by the New York Times, there is a clause regarding facilitation payments, which may (or may not) be present in all Armed Forces contracts. The clause reads,

“The two parties hereto understand that no commission, remuneration or fees have been or shall be paid by way of tips, gifts, or personal payments granted directly or indirectly or otherwise by [the firm/contractor] to any officer, individual, civilian or UAE Armed Forces member, or any of the UAE governmental employees working within or outside the UAE representing a bribe or commission to ensure the signature of this contract.” Additional language in the contract specifies that the agreement can be canceled in the event that bribery or fraud is uncovered or if the contractor has collaborated with an “employee” of the government in a way that is prejudicial to the government. This language seems only to apply to the bribery of government officials, not private citizens, although the so-called Khalifa Directive (of 1985) bans the use of ‘commissions agents’ – which would be the role of a private citizen in this exchange – in any contract for ‘lethal equipment.’ The specificity of lethal equipment here also leaves open a great deal of defence and security procurement that would qualify as non-lethal (or service related). Furthermore, in at least one previous instance where the legitimacy of the directive was contested by a domestic agent seeking the payment of commissions, the directive was found NOT to have the force of law, thus mandating that the defence contractor pay commissions to the agent. (Civil Case No. 812/90, heard in the Abu Dhabi Court of First Instance).

Many of the services contracts signed between private military contractors and the UAE GHQ appear to have been cancelled, not renewed, or otherwise terminated – which is not generally the norm for these types of contracts. Whether this was due to corruption or just dissatisfaction with contractor performance is unclear.

Law firms that advise UAE businesses have paid a great deal of attention to the UK Anti-Bribery Act, which bans all forms of facilitation payments. (This was not the case for the FCPA, which allows facilitation payments in certain cases, the most oft-cited example being a payment made to speed-up the unloading of perishable goods from a commercial vessel). The attention paid to this new law in the UAE would seem to suggest that facilitation payments are quite common, but whether they are present to the same degree in defence and security contracts is unclear.

Mark Mazzetti and Emily B. Hager. May 14, 2011 “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0. Contract copy available here: http://graphics8.nytimes.com/packages/pdf/CONTRACT.pdf?ref=middleeast, p13

Gulf States Newsletter. “As attitudes change, Gulf governments walk thin line on arms deals.” 17 October 2003, Volume 27 (Number 720), p20.
http://www.gsn-online.com/sites/default/files/GSN%20720-Oct2003.pdf

For an overview of case 812/90 see: Middle East Commercial Law Review. January-February 1995. Volume 1 (Issue 1): pA-10. Cited in Abdulhay Sayed (ed). 2004. Corruption in International Trade and Commercial Arbitration, fn 549.&quoute;

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Training 60
52.
score
0

Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?

The UAE does not have a publicly available military doctrine; being unsure as to whether there is a doctrine in place makes it difficult to establish whether the armed forces do regard corruption as a strategic issue while on operations.

The only mention of a potential defence doctrine was the discussion cited above by Aleksandar Mitreski, non-resident analyst with INEGMA, on the &quoute;growing issue of cyber attacks on governments and ... the strategy for the UAE's defence&quoute;.

Response to Peer Reviewer 2:
There is no publicly available evidence to support this.

COMMENTS -+

Others:
- &quoute;The Case for a UAE cyber defence doctrine&quoute;, ArabianAerospace.aero, October 7, 2013 http://www.arabianaerospace.aero/the-case-for-a-uae-cyber-defence-doctrine.html (accessed 8 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is a National Military Doctrine, but to the best of my knowledge it does not specifically address corruption issues in this way.

Suggested score:

Researcher + Peer Reviewer-+

53.
score
0

Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?

There is no information mentioning any doctrine, training or guidelines regarding corruption (no such mention was identified in the relevant reports linked to in 'sources'). There are no recent media sources which report corrupt activities during such processes either, making it difficult to assess what happens in the field on deployments.

COMMENTS -+

Institutional sources:
N/A

Media reports:
- &quoute;Fighting graft is UAE’s top priority&quoute;, Gulf News, January 6, 2013 http://gulfnews.com/news/gulf/uae/government/fighting-graft-is-uae-s-top-priority-1.1128536 (accessed on 8 May 2014)
- &quoute;UAE fights corruption with new national policy&quoute;, Gulf News, April 17, 2013 http://gulfnews.com/news/gulf/uae/crime/uae-fights-corruption-with-new-national-policy-1.1171876 (accessed on 8 May 2014)

Research reports:
- &quoute;Measures Against Corruptibility, Gifts and Gratification: Bribery in the Middle East&quoute;, Arab Law Quarterly, 2000 http://www.mafhoum.com/press2/brib76.pdf (accessed 8 May 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

54.
score
1

Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?

Very limited information is available regarding deployments by UAE troops. Katzman, writing for FAS, explains: &quoute;Regionally, the UAE has become increasingly assertive against extremist Islamic organizations, even to the point of undertaking some military action in post-Qadhafi Libya without consulting the United States.&quoute; Further, he highlights: &quoute;The UAE sent 500 UAE police to join a 1,000 troop Saudi force that deployed to Bahrain in March 2011. At least some of the UAE force remained after that time, because one UAE police officer was killed, along with two Bahrain police, in a Bahrain opposition bombing on March 4, 2014.&quoute; It is unclear whether UAE troops are still present in Afghanistan (initially deployed there in 2003).

There is evidence of UAE troop deployment happening during the examination period, but none of the cases listed above or currently happening (also see reviewers' comments below) include a clear doctrine with mention of the fight against corruption. Similarly, no mention was identified regarding dedicated personnel being deployed to monitor corruption in the past and ongoing deployments.

COMMENTS -+

Institutional sources:
N/A

Media sources:
- &quoute;UAE Armed Forces particpate in UN peace keeping missions.&quoute; 3 July 2012. Gulf News. http://gulfnews.com/news/gulf/uae/general/uae-armed-forces-particpate-in-un-peace-keeping-missions-1.1043759

Others:
- &quoute;The United Arab Emirates (UAE): Issues for U.S. Policy&quoute;, Kenneth Katzman for FAS, 25 Sept 2014 http://fas.org/sgp/crs/mideast/RS21852.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: I believe Emirati troops were deployed during the examination period in a few locations, including Somalia (where they are building training and healthcare infrastructure for the Somali army); Jordan (from where the UAE Air Force launches strikes against ISIS); Afghanistan (where they participate in NATO-led airstrikes and engage in reconstruction efforts); and Libya. Certainly this is a sufficient number of deployments to merit the presence of monitors, though there is no evidence they were present.

&quoute;UAE Armed Forces particpate in UN peace keeping missions.&quoute; 3 July 2012. Gulf News. http://gulfnews.com/news/gulf/uae/general/uae-armed-forces-particpate-in-un-peace-keeping-missions-1.1043759

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: UAE has proven an increasing willingness to deploy forces as part of international coalitions - Bahrain in 2011, Iraq in 2014, Yemen 2015. They are regarded as operationally competent professionals by international coalition partners.

Suggested score:

Researcher + Peer Reviewer-+

55.
score
1

Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?

There is evidence of UAE troops deployment happening during the examination period (Iraq, Yemen). In none of the cases discussed in the Katzman paper is there a clear doctrine mentioning the fight against corruption. No such evidence was identified in media or institutional reports concerning ongoing deployments either.

Similarly, no mention was identified regarding dedicated personnel being deployed to monitor corruption nor specific training taking place around this specific issue.

In conclusion, it is unclear whether such guidelines exist.

COMMENTS -+

Institutional sources:
N/A

Media sources:
-

&quoute;UAE Armed Forces participate in UN peace keeping missions.&quoute; 3 July 2012. Gulf News. http://gulfnews.com/news/gulf/uae/general/uae-armed-forces-particpate-in-un-peace-keeping-missions-1.1043759

Others:
- &quoute;The United Arab Emirates (UAE): Issues for U.S. Policy&quoute;, Kenneth Katzman for FAS, 25 Sept 2014 http://fas.org/sgp/crs/mideast/RS21852.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: I believe Emirati troops were deployed during the examination period in a few locations, including Somalia (where they are building training and healthcare infrastructure for the Somali army); Jordan (from where the UAE Air Force launches strikes against ISIS); Afghanistan (where they participate in NATO-led airstrikes and engage in reconstruction efforts); and Libya. Certainly this is a sufficient number of deployments to merit the presence of monitors, though there is no evidence they were present.

&quoute;UAE Armed Forces particpate in UN peace keeping missions.&quoute; 3 July 2012. Gulf News. http://gulfnews.com/news/gulf/uae/general/uae-armed-forces-particpate-in-un-peace-keeping-missions-1.1043759

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

56.
score
3

Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.

The use of Private Security Companies is regulated by the &quoute;Ministerial Decision number 557 of 2008 for the Executive Order of the Federal Law number 37 of 2006 concerning Private Security Companies&quoute; (accessible via the link above).

According to the decision, such companies can be used in the UAE, but it also requires that all PMCs are licensed. Different agencies can issue a license, more specifically any of the ministries or branches of the police. Several sections exist addressing specific types of companies such as security training services; detailed penalties and fines for infractions are defined for both companies and individuals.

In practice, there is some evidence that the law is enforced. In the examination period, Gulf News has reported on malpractices in PMCs and some legal retaliation such as fines for those PMCs caught in the act (see links above). In a nutshell, the UAE are attempting to enforce a unified employment contract for PMCs but the &quoute;unified employment contract for the more than 30,000 security guards working in Dubai’s approximately 300 private security firms remains a dream for many.&quoute; Thus, PMCs face hardships as they are not always allowed to have a day off or take a sickness leave or can even spend months working without being paid or receive a salary that's beyond the minimal legal salary. These working conditions and the fact that many of the PMCs are foreign workers suggest that corruption is likely to occur.

COMMENTS -+

Institutional sources:
- Ministry of Interior, Regulations and Laws section http://moi.gov.ae/en/About.MOI/genericcontent/regulations.and.laws.aspx (download file number 1; accessed 8 May 2014)

Media reports:
- &quoute;Dubai security guards are overworked and underpaid&quoute;, Gulf News, May 22, 2013 http://gulfnews.com/news/gulf/uae/general/dubai-security-guards-are-overworked-and-underpaid-1.1187147 (accessed 8 May 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Personnel 50
57.
score
1

Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?

There does not seem to be a UAE-wide specific legislation for defence and security procurement, each Emirate applying its own rules, but there are some common provisions, as defined below.

According to Latham and Watkins (2011): &quoute;The local government of each Emirate is, however, permitted under Article 113 of the constitution to regulate all local matters which are not subject to federal legislation or matter's which are not expressly reserved in the constitution to the federal union (examples of such federal matters being foreign affairs, defence and health). As such, the governments of each individual Emirate retain substantial powers to regulate commercial activities, issue trade licences and effect the incorporation of corporate entities to the extent that such activity is not already regulated under federal legislation.&quoute;

Thus, this framework clearly modifies the general legal provision (Federal Law number 9 from 2006) that a military order governs the acquisition of equipment by the military. Accordingly, the US Trade brief linked to above indicates that the general government procurement has requirements which do not apply &quoute;to major projects or defence contracts where there is no local company able to provide the goods or services required.&quoute;


Response to Peer Reviewer 1:
I agree with the reviewer's suggestion to lower the score to 1. Score changed from '3' to '1' to reflect the heterogeneous and quite poorly scrutinised purchase process, and the sources added.

COMMENTS -+

Institutional sources:
- A profile of the UAE by the Office of the US Trade Representative, undated http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf (accessed 10 May 2014)

Media sources:
N/A

Research/Specialised:
- &quoute;UAE government sector technology contracting&quoute;, Al-Tamimi and Co. (non-affiliated law firm), March 2014 http://www.tamimi.com/en/magazine/law-update/section-8/march-7/uae-government-sector-technology-contracting.html (accessed 10 May 2014)
- &quoute;Doing Business in the UAE&quoute;, Latham and Watkins, Jan 2011 http://www.lw.com/upload/pubcontent/_pdf/pub2783_1.pdf (accessed 10 May 2014)
- &quoute;United Arab Emirates Government Procurement Regulations&quoute;, Forum Bridgat, Nov 18, 2008 http://forum.bridgat.com/united-arab-emirates-government-procurement-regulations-t1176.html (accessed 10 May 2014)
- &quoute;defence Contractors Should Prepare for the Challenges of Foreign Markets&quoute;, National defence Magazine, December 2012 http://www.nationaldefencemagazine.org/archive/2012/December/Pages/defenceContractorsShouldPreparefortheChallengesofForeignMarkets.aspx (accessed 10 May 2014)
- Gulf States Newsletter. “As attitudes change, Gulf governments walk thin line on arms deals.” 17 October 2003, Volume 27 (Number 720), p20.
http://www.gsn-online.com/sites/default/files/GSN%20720-Oct2003.pdf
- Charles Laubach (Afridi & Angell). 2014. “Getting the Deal Through – Anti Corruption Regulation 2014: United Arab Emirates.” Law Business Research Ltd.

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;1&quoute; - or at most a &quoute;2.&quoute; The so-called Khalifa Directive (of 1985), which pertains directly to defence and security procurement, bans the use of ‘commissions agents,’ but only in contracts for ‘lethal equipment.’

The specificity of lethal equipment here exempts a great deal of defence and security procurement that would qualify as non-lethal or service related. Similarly, members of the Armed Forces are prohibited (under Decision No. 12 of 1986 and Federal Laws No. 6 and No. 7 of 2004) from having any interests in contracts related to the Armed Forces, though there are exceptions here also, for the lease of property owned by the individual and for building tenancy contracts.

Furthermore, there is no indication that any procurement (exempt or otherwise) is subject to any form of independent scrutiny. Although some contracts could conceivably be conducted under competitive conditions, there is no legislative guarantee of this, and procurement decisions are not subject to review by auditors or oversight bodies.

Gulf States Newsletter. “As attitudes change, Gulf governments walk thin line on arms deals.” 17 October 2003, Volume 27 (Number 720), p20.
http://www.gsn-online.com/sites/default/files/GSN%20720-Oct2003.pdf

Charles Laubach (Afridi & Angell). 2014. “Getting the Deal Through – Anti Corruption Regulation 2014: United Arab Emirates.” Law Business Research Ltd.

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

58.
score
1

Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?

There is scarce detailed information available on aspects of the defence procurement cycle. The public has little to no knowledge of the procurement types, and tender announcements or contracts do not seem to be published online. Only specialised (often foreign) news outlets seem to publish such details, with a varying depth. Also see reviewers' comments.

In the 2013 UAE Defence Corruption Index the score for this indicator was 3 rather than 1. Indeed, the 2013 UAE assessment mentioned that tender announcements are required to be published in at least one Arabic and one English language newspaper. It was not possible to verify this assertion for the present assessment, hence the lower score of 1.

COMMENTS -+

Institutional reports:
-&quoute;Abu Dhabi eGovernment Gateway.&quoute; https://www.abudhabi.ae/portal/public/en/business/doing_business_with_abu_dhabi_government/tenders/gen_info88?docName=ADEGP_DF_156044_EN&_adf.ctrl-state=n01ifig10_4&_afrLoop=12638756598802864
- Department of Finance Government Procurement Manual [in Arabic only]. http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf


Media reports:
- &quoute;Offshore Security Drives Gulf Naval Procurements&quoute;, defence News, Mar 24, 2014 http://www.defencenews.com/apps/pbcs.dll/article?AID=2014303240013 (accessed 25 April 2014)
- &quoute;Pentagon: Kuwait To Receive Patriot Missiles&quoute;, defence News, Jan 6, 2014 http://www.defencenews.com/apps/pbcs.dll/article?AID=2014301060021 (accessed 25 April 2014)

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: Although the government in Abu Dhabi does have an eGovernment procurement portal (which is often part of the list of recommendations made by international agencies to increase government transparency) this does not include tenders for the armed forces. According to a market research publication from Strategic defence Intelligence, competitive procurements are conducted through an e-procurement portal, but this portal is not publicly accessible. Presumably it is a closed program only accessible to companies that are pre-qualified to bid on defence contracts.

There is a link to register to submit tenders for the Abu Dhabi Police Directorate’s Engineering Department, which is the entity’s main procurement arm (see above).

The Department of Finance publishes a Government Procurement Manual [in Arabic only], which does reference “competitiveness” and “transparency,” but makes no mention of the Armed Forces, the military, or the Ministry of Defence. (http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf)

These eGovernment procurement pages make repeated references to the operation of tender boards and other common features of government procurement. According to an interviewee, the board members typically consist of representatives from GHQ, the Presidential Guard, and a high-ranking officer from the Armed Forces procurement authority. The decision of this board moves up to the Diwan (the Crown Prince’s Court in Abu Dhabi), then to Executive Affairs Authority. This interviewee did not believe this process/decision was subject to the authority of the State Audit Institution. None of this process is publicly disclosed.

Fee-based business intelligence publications are likely the only reliable source of information on defence and security procurements, and subscriptions to these are often very expensive, as their primary market is large multinational defence and security firms.


&quoute;Abu Dhabi eGovernment Gateway.&quoute; https://www.abudhabi.ae/portal/public/en/business/doing_business_with_abu_dhabi_government/tenders/gen_info88?docName=ADEGP_DF_156044_EN&_adf.ctrl-state=n01ifig10_4&_afrLoop=12638756598802864

Department of Finance Government Procurement Manual [in Arabic only]. http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Some good work is being done behind the scenes in the MOD to learn from best international practice in procurement and capability management. Much of this may be implemented increasingly over the next 2-3 years, though GHQ will take some years to come on board. Such processes are likely to remain within the purview of 'national security' mandated secrecy, however.

Suggested score:

Researcher + Peer Reviewer-+

59.
score
1

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

Although there is some evidence of internal oversight mechanisms (in accordance with Federal Decree no 12 of 1986), there is no institutional evidence confirming its effectiveness. This law also regulates the different tendering processes (which contract should go through a public tendering, which not, etc.) and indicates which commission is supposed to monitor the spending (Commission for Financial Affairs) and which other is tasked to report on work quality from contractors. Yet no details are disclosed on the different levels of the procurement process.

As aforementioned, no evidence was identified showcasing that there is active and regular oversight.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media sources:
N/A

Specialised sources:
- &quoute;UAE to introduce new logistics system for its military&quoute;, Arabian Supply Chain, Dec 15, 2013 http://www.arabiansupplychain.com/article-9453-uae-to-introduce-new-logistics-system-for-its-military/0 (accessed 10 May 2014)

Interviews:
- Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

SOURCES -+

Opinion: Agree with Comments

Comment: The Department of Finance publishes a Government Procurement Manual [in Arabic only], which does reference “competitiveness” and “transparency,” in relation to government tenders, but makes no mention of the Armed Forces, the military, or the Ministry of Defence, so it is unclear whether these principles are applied to these bodies. http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf

According to an interviewee, decisions on military procurement are taken by a board whose membership consists of representatives from GHQ, the Presidential Guard, and a high-ranking officer from the Armed Forces procurement authority. The decision of this board moves up to the Diwan (the Crown Prince’s Court in Abu Dhabi), then to the Executive Affairs Authority. This interviewee did not believe this process/decision is subject to the monitoring or oversight of the State Audit Institution. None of this process is publicly disclosed.


Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

60.
score
1

Are actual and potential defence purchases made public?

There is no institutional evidence which speaks to the existence of oversight over procurement mechanisms, and there are no legal provisions which require defence purchases to be disclosed. The media frequently reports on acquisitions (especially high profile ones) and conferences, but not on planned purchases. Media receive such information through press releases, oft-published by the company that sold the gear.

There does not seem to be any information on planned purchases released by defence establishments either.

No justification is given about why such information is withheld.

Response to Peer Reviewer 2:
I agree with Peer Reviewer 2 that high profile acquisitions are often proudly advertised in media. This however does not satisfy a score higher than the current one: press releases regarding the successful acquisition of expensive gear is not a policy or a regular publication procedure especially in the case of planned purchases. Lastly, a majority of the acquisitions are listed through specialised publications whose prices are prohibitively high, and thus not available to the general public - not strictly 'transparent'. As there is insufficient evidence here, the suggestion to upgrade the score is rejected.
Score maintained.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media sources:
- &quoute;Abu Dhabi's Tawazun putting new eyes on the skies with radar deal&quoute;, The National UAE, February 5, 2013
http://www.thenational.ae/business/industry-insights/aviation/abu-dhabis-tawazun-putting-new-eyes-on-the-skies-with-radar-deal (accessed 10 May 2014)
- &quoute;defence Industry Eyes Growth in the Middle East&quoute;, National defence Magasine, Feb 5, 2014 http://www.nationaldefencemagazine.org/blog/Lists/Posts/Post.aspx?ID=1494 (accessed 10 May 2014)
- Dania Saadi and Shereen El Gazzar. February 23, 2015. “Idex 2015: UAE armed forces sign Dh9.5 billion worth of defence contracts.” The National (UAE). http://www.thenational.ae/business/technology/idex-2015-uae-armed-forces-sign-dh95-billion-worth-of-defence-contracts
- “UAE signs defence contracts worth Dh 9.5 billion.” 24 February 2015. UAEinteract. http://www.uaeinteract.com/docs/UAE_signs_defence_contracts_worth_Dh_9.5_billion_/66839.htm

Others/Specialised sources:
- &quoute;UAE Aims To Save Costs, Time With Joint Logistics Model&quoute;, RP defence, Dec 11, 2013 http://rpdefence.over-blog.com/2013/12/uae-aims-to-save-costs-time-with-joint-logistics-model.html (accessed 10 May 2014)

SOURCES -+

Opinion: Agree with Comments

Comment: Because the UAE spends so much money on hardware acquisition, its purchases (and potential purchases) are frequently reported in defence-industry publications like Janes, defenceNews.com, and similar outlets. When the government procures equipment from domestic (Emirati-owned/operated) companies, these acquisitions are often reported in the media and in promotional materials produced on behalf of the government. Fee-based business intelligence publications are likely the only reliable source of consistent information on defence and security procurements, and subscriptions to these are often very expensive, as their primary market is large multinational defence and security firms. There is no official effort to see that such information is systematically disclosed to the public.

Dania Saadi and Shereen El Gazzar. February 23, 2015. “Idex 2015: UAE armed forces sign Dh9.5 billion worth of defence contracts.” The National (UAE). http://www.thenational.ae/business/technology/idex-2015-uae-armed-forces-sign-dh95-billion-worth-of-defence-contracts

“UAE signs defence contracts worth Dh 9.5 billion.” 24 February 2015. UAEinteract. http://www.uaeinteract.com/docs/UAE_signs_defence_contracts_worth_Dh_9.5_billion_/66839.htm

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: The government is in the habit of announcing big defence procurement contracts. For example, a whole string of procurement decisions were announced at IDEX in February 2015. See e.g. http://www.uaeinteract.com/news/default3.asp?ID=473 or http://www.janes.com/article/49603/idex-2015-uae-announces-contracts-worth-5-billion

This level of transparency justifies a higher score.

Suggested score: 2

Researcher + Peer Reviewer-+

61.
score
0

What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?

According to the US Trade brief, &quoute;the UAE grants a 10 percent price preference for local firms in government procurement. The UAE requires companies to register with the government before they can participate in government procurement, but to be eligible for registration, a company must have at least 51 percent UAE ownership. This requirement does not apply to major projects or defence contracts where there is no local company able to provide the goods or services required.&quoute;

In brief, the existing legal regulation on defence acquisitions (i.e., the Federal Decree number 12 of 1986) does not seem to define particular criteria for international companies, although local companies must comply with national company law. No mention of compliance/due diligence requirements was identified.

Response to Peer Reviewer 1:
Peer Reviewer 1's stance is understandable. However, the evidence points more to the lack of such procedures than their presence. Thus, only one contract having such a clause does not mean that all others have one: such a cause may very well be one imposed by the U.S. as per their own legislation requiring such a clause. This is too much of extrapolation and speculation though, as even the member of a US-UAE business association whom Peer Reviewer 1 has spoken to ignores such compliance clauses.
Score maintained.

COMMENTS -+

Institutional sources:
- A profile of the UAE by the Office of the US Trade Representative, undated http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf (accessed 10 May 2014)
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion
- Department of Finance Government Procurement Manual [in Arabic only]. http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf


Media reports:
- Mark Mazzetti and Emily B. Hager. May 14, 2011 “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0. Contract copy available here: http://graphics8.nytimes.com/packages/pdf/CONTRACT.pdf?ref=middleeast, p13

Interviews:
- Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of at least &quoute;1&quoute; - if not &quoute;2.&quoute;

An explicit anti-bribery clause does appear in the only major armed forces contract I know of that is publicly available (and is therefore probably also present in at least a portion of such contracts). The contract, signed between the Armed Forces GHQ (General Headquarters in Abu Dhabi) and a US-based private military contractor (Reflex Responses Management LLC) and obtained by the New York Times, reads: “The two parties hereto understand that no commission, remuneration or fees have been or shall be paid by way of tips, gifts, or personal payments granted directly or indirectly or otherwise by [the firm/contractor] to any officer, individual, civilian or UAE Armed Forces member, or any of the UAE governmental employees working within or outside the UAE representing a bribe or commission to ensure the signature of this contract.”

The Department of Finance publishes a Government Procurement Manual [in Arabic only], which does reference “competitiveness” and “transparency,” in relation to government tenders, as well as labor and environmental standards, but makes no mention of the Armed Forces, the military, or the Ministry of Defence, so it is unclear whether such principles are applied to these bodies. I could not find any information contained in this manual about compliance programs, corporate responsibility, (internal) due diligence, or other similar language. http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf

In an interview with a member of a US-UAE business association, this individual was unfamiliar with any specific standards required of companies to bid on government business – including the non-collusion clauses typically required to bid on government tenders.

Mark Mazzetti and Emily B. Hager. May 14, 2011 “Secret Desert Force Set Up by Blackwater’s Founder.” The New York Times. http://www.nytimes.com/2011/05/15/world/middleeast/15prince.html?pagewanted=all&_r=0. Contract copy available here: http://graphics8.nytimes.com/packages/pdf/CONTRACT.pdf?ref=middleeast, p13

Department of Finance Government Procurement Manual [in Arabic only]. http://am.abudhabi.ae/UserFiles/Tenders/RegisterationDocuments/RegDocsEN/RegDocsEN_7.pdf

Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

62.
score
0

Are procurement requirements derived from an open, well-audited national defence and security strategy?

There is no evidence indicating that there is a national defence doctrine or strategy in place. According to the US Trade brief, there are no specifications regarding defence procurement and the general government procurement rules do not apply to defence procurement (see above).

There are indications that the UAE prefers defence contracting with the US, as suggested by the recent report summarised by the Washington Post: &quoute;The United Arab Emirates spent $14.2 million to influence Americans, making contacts, among many others, with columnists and reporters to discuss “illicit finance issues”. &quoute; Purchases may be opportunistic in nature.

In the 2013 UAE Defence Corruption Index the score for this indicator was 2 rather than 0. The then-assessor took legislation into account: &quoute;According to the Federal Decree No. 12 of 1986, procurement requirements are determined by the Army general staff's procurement committee. Presumably, this is
done in conjunction with the relevant branches of the military. However, there is no information available about how this works in practice.&quoute; The 2015 assessment identified evidence according to which a score of '0' is the most adequate one.

COMMENTS -+

Institutional sources:
- A profile of the UAE by the Office of the US Trade Representative, undated http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf (accessed 10 May 2014)

Media sources:
- &quoute;Which foreign countries spent the most to influence U.S. politics?&quoute;, The Washington Post, 14 May 2014 http://www.washingtonpost.com/blogs/in-the-loop/wp/2014/05/14/which-foreign-countries-spent-the-most-to-influence-u-s-politics/ (accessed 10 May 2014)

Research sources:
- &quoute;Military spending and arms procurement in the Gulf states&quoute;, SIPRI http://www.sipri.org/publications/test/trends/gulf (accessed 10 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The MOD is currently developing a national defence policy that will provide this guidance. The policy is still in an advanced draft stage but should be complete by the end of 2015. A national military doctrine has already been produced by GHQ, so perhaps this is an area that will show improvement soon.

Suggested score:

Researcher + Peer Reviewer-+

63.
score
1

Are defence purchases based on clearly identified and quantified requirements?

There is no evidence suggesting that a national doctrine or defence strategy exists. According to the US Trade brief, there are no specifications regarding defence procurement and the general government procurement rules do not apply to the defence sector.

Similarly, no clearly and publicly available purchase requirements were identified.

The existing legal regulation on defence acquisitions (i.e., the Federal Decree number 12 of 1986) defines particular guidelines for defence purchases: the Army general staff's procurement committee determines these. Yet, no evidence was identified about whether this actually happens and, if so, how it functions. Lastly, opportunistic purchases also seem commonplace (see reviewers' comments for more).

COMMENTS -+

Institutional sources:
- A profile of the UAE by the Office of the US Trade Representative, undated http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf (accessed 10 May 2014)
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media sources:
- &quoute;Which foreign countries spent the most to influence U.S. politics?&quoute;, The Washington Post, 14 May 2014 http://www.washingtonpost.com/blogs/in-the-loop/wp/2014/05/14/which-foreign-countries-spent-the-most-to-influence-u-s-politics/ (accessed 10 May 2014)

Research sources:
- &quoute;Military spending and arms procurement in the Gulf states&quoute;, SIPRI http://www.sipri.org/publications/test/trends/gulf (accessed 10 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: The process through which procurement decisions are taken is completely opaque. Issues such as interoperability and weapons capabilities are clearly taken into consideration – but how such considerations are institutionalized is unclear. Certainly the UAE is guilty of purchasing redundant systems in order to solidify its diplomatic and political-military ties with multiple Western allies (primarily the US, UK, and France). Historically, this has been a way of solidifying regional security agreements and maintaining close diplomatic and military ties.

There are a number of foreign defence-acquisition professionals working with in the Emirates, primarily within a company called Knowledge Point, which is a subsidiary of the state-owned Emirates Advanced Investments. Judging by the LinkedIn profiles of employees of Knowledge Point, many of them have decades of experience in public sector acquisition planning and oversight of major weapons systems, and currently work with the UAE Armed Forces on similar issues. (Many are retired U.S. Military). However, the exact relationship between Knowledge Point and the Ministry of Defence is unclear, and to what degree this is part of a formal planning mechanism is also unclear.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

64.
score
0

Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?

There is no public evidence which pertains to a national defence doctrine or strategy, and it remains unclear whether tenders and their details are published - if so, there is no centralised resource to collect tenders. It is unclear how contracts are negotiated.

According to the US Trade brief, there are no specifications regarding defence procurement and the general government procurement rules do not apply.

Response to Peer Reviewer 1:
Peer Reviewer 1 highlights that whatever tool allegedly exists is not available to the public. It is thus impossible to survey the bidding process and to evaluate whether open competition exists and how often single-sourcing exists. From the 2013 assessment: &quoute;According to the 1986 regulations, all defence material and services procurement except “armament material and equipment” must be conducted by public tender. Public tenders are required to be “announced within the UAE, or within and outside the UAE.” However, it is unclear how this occurs, as there is no procurement website for UAE defence procurement. In practice, many find that each contract must be negotiated separately. According to the Afridi & Angell (2010), “The government tendering process in the UAE varies widely from contract to contract - there is no set time frame for the award of contracts, no standard advertisement of tenders, no system for suppliers to challenge the award of a contract&quoute;.&quoute; Thus, I am unable to even claim that theoretically, procurement is conducted as open competition.
Score maintained.

Response to Peer Reviewer 2:
No public evidence to support this argument.

The 2013 assessment relied on some of the aforementioned arguments to score this question with a '2'. It also assessed that &quoute;It is unclear what percentage of procurement is conduct by open competition. However, it is likely that at least 50% is single-sourced, based on the amount of arms and equipment that the UAE purchases.&quoute; These 50% is an unproven statistic, and cannot even be extrapolated from 2013 to 2015 via available data and/or information. Thus, the current score '0' remains unchanged as there is no concrete evidence to discount it.

COMMENTS -+

Institutional sources:
- A profile of the UAE by the Office of the US Trade Representative, undated http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf (accessed 10 May 2014)

Media sources:
- &quoute;Which foreign countries spent the most to influence U.S. politics?&quoute;, The Washington Post, 14 May 2014 http://www.washingtonpost.com/blogs/in-the-loop/wp/2014/05/14/which-foreign-countries-spent-the-most-to-influence-u-s-politics/ (accessed 10 May 2014)

Research sources:
- &quoute;Military spending and arms procurement in the Gulf states&quoute;, SIPRI http://www.sipri.org/publications/test/trends/gulf (accessed 10 May 2014)
- Afridi & Angell, “United Arab Emirates”, in Getting the Deal Through Association, Anti-Corruption Legislation: 2010, p. 214, available at http://www.afridi-angell.com/publications/ac2010.pdf
- “The United Arab Emirates defence Sector - Market Opportunities and Entry Strategies, Analyses and Forecasts to 2015.” April 2010. Strategic Defence Intelligence. http://www.researchandmarkets.com/research/aff0a7/the_united_arab_em [subscription required].
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;1,&quoute; since there is at least some evidence that a portion of tenders are conducted under competitive conditions. According to a market research publication from Strategic defence Intelligence, defence procurement is conducted through both direct negotiation with the federal Ministry of Defence and through competitive bidding, with the latter facilitated by an e-procurement portal. Once a firm has secured a local presence (through one of three methods: incorporating a limited liability company; establishing a branch office; or appointing a commercial agent) it can register its bid on the federal e-procurement site. [I was unable to find any evidence of such a portal – presumably this is a closed program only accessible to companies that are pre-qualified to bid]. There is no information on the frequency or prevalence of either method.

The fact that the UAE has been able to leverage its military procurement budget to generate substantial technology transfer from foreign defence firms suggests that there is competition between potential suppliers, though this competition may be conducted according to side-benefits (such as offsets) and not on issues related to product specifications, price, and other features that are more akin to a genuinely competitive process.


“The United Arab Emirates defence Sector - Market Opportunities and Entry Strategies, Analyses and Forecasts to 2015.” April 2010. Strategic Defence Intelligence. http://www.researchandmarkets.com/research/aff0a7/the_united_arab_em [subscription required].

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There is a definite and well understood UAE defence procurement strategy to diversify supply internationally wherever possible so as not to be overly dependent on any one country or company for supplies. There is also genuine and related intention to get the best services for the best prices. Recent major equipment purchases bear this out. I think a score of 3 is potentially justifiable.

Suggested score: 3

Researcher + Peer Reviewer-+

65.
score
0

Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?

There seem to be some procedures in place for defence procurement (according to the Federal Decree). Yet, no document is published to attest that these suggested procedures are applied. Decisions do not seem to be made publicly available either.

The SAI is tasked with providing oversight over Ministry of Defence activities, which should include defence procurement, but there are no such published reports on its website, so it is unclear how effective this oversight is. There are indications that in theory tender boards are employed, however, no practical evidence of this could be found (see previous question).

Response to Peer Reviewer 1:
I agree with Peer Reviewer 1: score downgraded from '1' to '0' to reflect the lack of procedures and audits, and sources added.

COMMENTS -+

Institutional sources:
- State Audit Institution, Federal Laws section http://saiwb1.saiuae.gov.ae/English/abousai/Pages/SAIlaw.aspx?menuid=3 (accessed 10 May 2014)
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media reports:
- &quoute;UAE to introduce new logistics system for its military&quoute;, Arabian Supply, 15 Dec 2013 http://www.arabiansupplychain.com/pics-9453-uae-to-introduce-new-logistics-system-for-its-military/0 and http://www.arabiansupplychain.com/pics-9453-uae-to-introduce-new-logistics-system-for-its-military/1 (also see https://twitter.com/ASC_dotcom/status/412089637138468865) (accessed 10 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of “0,” as the regulations cited above make no claims about the accountability of tender boards. Federal Decree No. 12 only states that the “appropriate procurement committee” will cancel a contract via registered letter if the contractor is found to have engaged in an act of bribery. It says nothing of the actual decision-making process that determines awards. (Sayed, 2004; p196).

According to an interviewee, decisions on military procurement are indeed taken by a board; the membership consists of representatives from GHQ, the Presidential Guard, and a high-ranking officer from the Armed Forces procurement authority. The decision of this board moves up to the Diwan (the Crown Prince’s Court in Abu Dhabi), then to the Executive Affairs Authority. The membership of the board (primarily high-ranking, well-connected and influential officers) precludes the possibility of genuine accountability or oversight. According to this same interviewee, the losing company almost never contests the decision because to do so would make the details of the competition public [which is highly problematic from the government’s perspective] and thus would put them at a disadvantage in subsequent negotiations.

This interviewee did not believe the tender process/decision is subject to the monitoring or oversight of the State Audit Institution. None of this process is publicly disclosed.

Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

Suggested score: 0

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

66.
score
0

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

The Law cited above on Regulating Labour Relations does not apply to members of the armed forces, police and security personnel, and it does not contain any mention of collusion. There are no such mentions in the general (i.e., non defence) procurement rules.

No indication for any provisions guarding against collusion, or incidents where collusion occurred, has been found in the media. There is no evidence of colluding companies in defence procurement or more broadly in public procurement. There do not seem to exist any cases in the press where collusion is strongly suspected either.

COMMENTS -+

Institutional resources:
- Federal Law No. 8 of 1980 Regulating Labour Relations, UK Practical Law, a Thomson Reuters legal initiative http://uk.practicallaw.com/6-503-3460?source=relatedcontent#a149505

Media sources:
N/A

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

67.
score
0

Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?

Legislation (Federal Decree number 12, cited above) indicates that dedicated committees must be in place to oversee procurement and assess the quality of the completed work but there is no evidence that these have been set up, and no way of assessing their effectiveness.

There do not seem to be training regulations for defence procurement staff, nor was there any evidence of a dedicated department for defence procurement.

In the 2013 UAE Defence Corruption Index the score for this indicator was 2 rather than 0. The 2013 assessment seems to rely on provisions in the aforementioned Federal Decree. The 2015 assessment did not however found these provisions sufficient; furthermore, no evidence was found to justify a score different from '0'.

COMMENTS -+

Institutional resources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion
- State Audit Institution, Federal Laws section http://saiwb1.saiuae.gov.ae/English/abousai/Pages/SAIlaw.aspx?menuid=3 (accessed 10 May 2014)

Specialised sources:
- Legal Briefing. December 2010. “United Arab Emirates Offset Program Bureau Adopts New Policy Guidelines.” White & Case. http://www.whitecase.com/files/Publication/4379b60a-df36-4041-a22a-674fa437b18b/Presentation/PublicationAttachment/ba0fa536-c62d-4317-adab-6e8990a0b79c/UAE_Offset_Program_Bureau_Adopts_New_Policy_Guidelines-v2.pdf

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: It is nearly impossible to answer this question, as there is no relevant information available on the defence procurement bureaucracy (such as organisational charts) beyond the titles of a few germane departments and their titular heads.

These would include the Purchasing Department inside the UAE Armed Forces General Headquarters (GHQ), which is typically headed by a very senior official with ties throughout the royal family and private sector business community. At least one contract expert (in this case a representative specializing in contract finance) is brought in from the GHQ on talks related to defence offset agreements (alongside personnel from the offset bureaucracy and representatives from the defence contractor), though the degree of authority or oversight this individual has on either the underlying contract or the related offset contract is unclear.

[Name removed]. (LinkedIn profile). According to [name removed] profile, this employee works for Musanada, a public agency that oversees public works contracts on behalf of the Abu Dhabi government. According to the job history the employee helped develop and oversee the development of so-called 'blacklists' of suppliers found responsible for bribery and other forms of malfeasance.

Legal Briefing. December 2010. “United Arab Emirates Offset Program Bureau Adopts New Policy Guidelines.” White & Case. http://www.whitecase.com/files/Publication/4379b60a-df36-4041-a22a-674fa437b18b/Presentation/PublicationAttachment/ba0fa536-c62d-4317-adab-6e8990a0b79c/UAE_Offset_Program_Bureau_Adopts_New_Policy_Guidelines-v2.pdf

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

68.
score
1

Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?

There is evidence that some limited mechanisms may be in place. For example, the Abu Dhabi government tender website reads, “For disqualified bidders, envelopes will be returned along with an official letter clarifying the reason for rejection. In case of any irregularities or suspicions in awarding contracts, suppliers and contractors dealing with the concerned entity may lodge a complaint with the tenders committee, or the head of the concerned entity or his designee.”

In practice (at least in defence and security procurement) such formal institutional channels for complaints are not used. It is likely, though not certain, that companies are disadvantaged in future procurements if they attempt to complain. According to an interview with a member of a prominent US-UAE business association, firms bring complaints directly to a contact in the Armed Forces General Headquarters (GHQ), to the Crown Prince, or to their own governments, which direct visiting cabinet officials to take up the issue with their UAE counterparts during official visits. Typically, an official from the ministry calls the losing bidder and gives them an informal briefing on why they lost (this is stated to be typically based on either price or the amount of technology transfer). The interviewee noted that the losing company almost never contests the decision because to do so would make the details of the competition public and put them at a disadvantage in subsequent negotiations.

RESPONSE TO PEER REVIEWER 1. Agree that there is evidence from the wider public sector that some formal mechanisms may be in place to allow companies to complain about perceived malpractice in procurement, although it is noted that no evidence was found that was specific to defence (such as a complaints website). Discussion updated and sources added. Score changed from 0 to 1.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media:
N/A

Others:
- Afridi & Angell (independent consulting agency specialising on the MENA region), &quoute;Doing Business in the UAE&quoute; publication collection http://www.afridi-angell.com/searchKnow.php?Ids=1

SOURCES -+

Opinion: Disagree

Comment: I would suggest a score of &quoute;1,&quoute; since there are at least some (even symbolic) mechanisms in place. There is a site for reporting complaints to the government agencies that issue contracts, but whether this is used is unclear. For example, here is the link to the Police GHQ’s engineering authority: (http://epa.adpolice.gov.ae/siteHTML/frmStrategicPartner.aspx)

The Abu Dhabi government tender website reads, “For disqualified bidders, envelopes will be returned along with an official letter clarifying the reason for rejection. In case of any irregularities or suspicions in awarding contracts, suppliers and contractors dealing with the concerned entity may lodge a complaint with the tenders committee, or the head of the concerned entity or his designee.” (https://www.abudhabi.ae/portal/public/en/business/doing_business_with_abu_dhabi_government/vendors_and_contractors/gen_info86?docName=ADEGP_DF_284186_EN&_adf.ctrl-state=n01ifig10_4&_afrLoop=12639445359690407)

However, in practice (at least in defence and security procurement) such formal institutional channels for complaints are not used. According to an interview with a member of a prominent US-UAE business association, firms bring complaints directly to a contact in the Armed Forces General Headquarters (GHQ), to the Crown Prince, or to their own governments, which direct visiting cabinet officials to take up the issue with their UAE counterparts during official visits. Typically, an official from the ministry calls the losing bidder and gives them an informal briefing on why they lost (typically this is based on either price or the amount of technology transfer); the losing company almost never contests the decision because to do so would make the details of the competition public and put them at a disadvantage in subsequent negotiations.

This is certainly evidence of the fear of retaliation, but still does not merit a score of &quoute;0&quoute;.

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

69.
score
2

What sanctions are used to punish the corrupt activities of a supplier?

Various legal tools exist to punish fraudulent suppliers (see the article by Clyde & Co. as well as Anti-Corruption page cited above).

There are no recent articles which mention heavy penalties applied for these transgressions, yet there have been appropriate punishments meted out in the past, and unethical behaviour continues to be disclosed and addressed in the media (e.g., in the piece dated 2010 above, the report mentions prison terms of up to 20 years for financial crimes). However, none of these specifically involve defence or security fraud.

COMMENTS -+

Media sources:
- &quoute;Head chef, butcher at Dubai’s Burj al-Arab in bribery trial&quoute;, Arabian Business, January 9, 2012 http://www.arabianbusiness.com/head-chef-butcher-at-dubai-s-burj-al-arab-in-bribery-trial-439331.html (accessed 11 May 2014)
- &quoute;Supply kickbacks ‘rife’ in Dubai hotel industry&quoute;, Arabian Business, January 12, 2012 http://www.arabianbusiness.com/supply-kickbacks-rife-in-dubai-hotel-industry-440174.html (accessed 11 May 2014)
- &quoute;Former Dubai bank executives face heavier penalty&quoute;, EasyBourse.com (from Reuters), 24 Octobre 2010 http://www.easybourse.com/bourse/international/news/883169/former-dubai-bank-executives-face-heavier-penalty.html (from 2010; accessed 11 May 2014)
- “Engineer took bribe to help firm secure army contract bid.” http://7daysinabudhabi.com/2014/12/21/engineer-took-bribe-to-help-firm-secure-army-contract-bid/

Others:
- &quoute;Approaches to fraud management for companies in the UAE&quoute;, Clyde & Co., September 4, 2013 http://www.clydeco.com/insight/articles/approaches-to-fraud-management-for-companies-in-the-uae (accessed 11 May 2014)
- UAE: Public Anti-Corruption Initiatives, BUSINESS ANTI-CORRUPTION PORTAL http://www.business-anti-corruption.com/country-profiles/middle-east-north-africa/united-arab-emirates/initiatives/public-anti-corruption-initiatives.aspx (accessed 11 May 2014)
- Frédéric Wehrlé. (date unknown). “Business ethics and anti-bribery policies in selected Middle East and North African Countries: MENA Task Force on Business Integrity and Combatting Bribery of Public Officials.” Organization for Economic Cooperation and Development, Working Paper. http://www.oecd.org/mena/investment/36086689.pdf, p30-31.

SOURCES -+

Opinion: Agree with Comments

Comment: Under UAE law, sanctioning of a corrupt supplier is according to the discretion of the prosecutorial authority. Thus, a contract MAY be canceled in the event that bribery or fraud is uncovered or if the contractor has collaborated with an employee of the government in a way that is prejudicial to the government. (Most other regional states have laws specifying that the contract MUST be canceled in the event that bribery is uncovered; many states also specify that the government will keep any deposit or bond issued by the contractor, but the UAE law does not include either of these elements). Language is contained in (articles 83(f) and 85(b) of UAE Federal Decree No. 12 (aka the Federal Armed Forces Tenders and Auctions Law of 1986).

There are no other sanctions (such as financial penalties or blacklisting) contained in the Armed Forces Law – nor is information available about such penalties having been used against suppliers in the defence sector. (Though individuals have been prosecuted under the penal code, per the case of the Jordanian engineer working for a firm with contracts with the UAE Armed Forces, see source below). Public agencies that manage non-defence procurement for the government seem to have such traditional sanctions in place.

[Name removed]. (LinkedIn profile). According to [name removed] profile, this employee works for Musanada, a public agency that oversees public works contracts on behalf of the Abu Dhabi government. According to the job history the employee helped develop and oversee the development of so-called 'blacklists' of suppliers found responsible for bribery and other forms of malfeasance.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

70.
score
1

When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?

The UAE has a well established offset policy where the procedure is described (defence contractors have to submit a concept paper and a business plan that must be approved by the UAE Offset Unit which is also in charge of overseeing the implementation of the program). Contractors are also required to submit financial statements but there do not seem to be any specific anti-corruption requirements.

According to the US Trade brief: &quoute;the UAE's offset program requires defence contractors which are awarded contracts valued at more than $10 million to establish commercially viable joint ventures with local business partners that would be projected to yield profits equivalent to 60 percent of the contract value within a specified period (usually 7 years). To date, more than 40 such joint venture projects have been launched. There are also reports, as well as anecdotal evidence, indicating that defence contractors can sometimes satisfy their offset obligations through an up-front, lump-sum payment directly to the UAE Offsets Group.&quoute;

The Offset Program defines, in its Guidelines: &quoute;Liquidated Damages are a penalty equivalent to 8.5% of the Shortfall Amount set out in the Milestone Statement that will be charged to any DC who fails to generate Offset Credits when the relevant Milestone Obligation is due.&quoute; This is the only mention of follow-up and evaluation of offset contract progress. It is thus likely that the Offset Unit follows up on offset contract performance with audits but no mention of integrity exists. Since no reports of audits are publicly identified, it is impossible to know whether such audits even occur, let alone gauge their efficiency. There is no evidence that specific attention is paid to ensure integrity is part of offsets.

COMMENTS -+

Institutional sources:
- A profile of the UAE by the Office of the US Trade Representative, undated http://www.ustr.gov/sites/default/files/United%20Arab%20Emirates.pdf (accessed 10 May 2014)
- &quoute;Offset Policy Guidelines&quoute;, Industrial Development Program http://www.idp.ae/en/agreements/Offset%20Policy%20Guidelines.pdf (accessed 11 May 2014)

Others:
- &quoute;United Arab Emirates Government Procurement Regulations&quoute;, Forum Bridgat, Nov 18, 2008 http://forum.bridgat.com/united-arab-emirates-government-procurement-regulations-t1176.html (accessed 11 May 2014)
- “Emirates Defence Industries Company Joined by Further Five Companies.” 24 February 2015. Emirates News Agency. http://www.uaeinteract.com/docs/Emirates-Defence-Industries-Company-joined-by-further-five-companies/66831.htm
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

Interviews:
- Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

SOURCES -+

Opinion: Agree with Comments

Comment: According to a confidential interview with a member of the business community based in the United States, in the mid-2000s the government leveraged the offset obligations of foreign defence firms to establish a small number of domestic military-industrial companies designed to compete with each other to supply small and basic items to the UAE Armed Forces – and to produce parts for the global supply chains of large foreign defence firms.

However, these enterprises essentially functioned as foreign companies (with foreign technologies and foreign staff) that only served to generate profits for a handful of well-connected Emirati businessmen – including many with long military careers – who served as their titular owners and executives. This interviewee cited “graft” as a prominent feature of these companies. In response, the government has begun taking over the companies and consolidating them. Initially these firms were subsidiaries of large investment vehicles (primarily Tawazun and Mubadala) that were partially capitalized through offset agreements signed with foreign defence firms. They are being spun off from these investment vehicles and put under a new umbrella organization called EDIC (Emirates defence Industrial Corporation). This interviewee confirmed that this move was done in large part to address issues of corruption, but also for predicted gains in efficiency and to create a single coherent local partner organization for foreign firms to discharge their offset obligations and set up joint ventures with domestic firms.

Interview 2 – Interview with member of advocacy organisation, 9th February via telephone

“Emirates Defence Industries Company Joined by Further Five Companies.” 24 February 2015. Emirates News Agency. http://www.uaeinteract.com/docs/Emirates-Defence-Industries-Company-joined-by-further-five-companies/66831.htm

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

71.
score
1

Does the government make public the details of offset programmes, contracts, and performance?

The UAE has an extensive offset policy. A minimum offset of 60% should the value of defence contracts be USD $10 million or more.

Officials from the UAE Offset program do sometimes publicly address their work, but, based on publicly available information, no systematic obligation of disclosure seems to exist, neither for the government nor for the providers.

COMMENTS -+

Institutional reports:
- &quoute;UAE Offset Program&quoute;, a presentation of the Program by Zaal Al-Mansoori for the ADIOC (Abu Dhabi International Offset Conference), undated http://www.adioc.ae/templates/adioc/docs/ZAAL%20AL%20MANSOORI.pdf (accessed 11 May 2014)
- &quoute;Offset Policy Guidelines&quoute;, Industrial Development Program http://www.idp.ae/en/agreements/Offset%20Policy%20Guidelines.pdf (accessed 11 May 2014)
- Tawazun Holding http://www.tawazun.ae (accessed 11 May 2014)

Media reports:
- &quoute;How the UAE Defence Sector is Evolving from Importer to Exporter&quoute;, BlueStone, Jan 4, 2014 http://bluestoneme.com/2014/01/04/how-the-uae-defence-sector-is-evolving-from-importer-to-exporter/ (accessed 11 May 2014)
- &quoute;THE ECONOMY - UAE OFFSETS GROUP&quoute; section at UAEInteract http://www.uaeinteract.com/news/default3.asp?ID=223 (accessed 11 May 2014)
- Ivan Gale. 10 June 2008. &quoute;Fishing for fighter jets.&quoute; The National (UAE).
- Ivan Gale. 28 April 2010. “New Rules Expected for Offsets.” The National (UAE).
- Ivan Gale. 1 July 2008. “Oil fuels fledgling defence industry.” The National (UAE).


Others
- &quoute;General Considerations for International Transactions – Part 4: Offset Commitments&quoute;, FH+H (law firm) April 15, 2014 http://www.fluetlaw.com/general-considerations-international-transactions-%E2%80%93-part-4-offset-commitments (accessed 11 May 2014)
- LinkedIn page for the Offset Program Bureau https://www.linkedin.com/company/offset-program-bureau (accessed 11 May 2014)
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: The rules and procedures governing defence offsets are public and well-developed, however, their application to any actual cases (ie, the projects undertaken by specific firms; the results of performance audits; the application of penalties for non-performance to specific firms) is not publicly disclosed. There is promotional material produced by (or on behalf of) the government that highlights certain successful cases of technology transfer or inward capital investment, but this is not comprehensive. There is also significant media coverage available in domestic sources (including the independent newspaper, The National, see below). Often foreign defence firms with offset obligations are the biggest obstacles to meaningful disclosure, as they consider such projects (and the financial sums and technology they involve) to be proprietary information.

Ivan Gale. 10 June 2008. &quoute;Fishing for fighter jets.&quoute; The National (UAE).

Ivan Gale. 28 April 2010. “New Rules Expected for Offsets.” The National (UAE).

Ivan Gale. 1 July 2008. “Oil fuels fledgling defence industry.” The National (UAE).

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

72.
score
3

Are offset contracts subject to the same level of competition regulation as the main contract?

Offset contracts are negotiated as a part of defence procurement.

They are thus not in competition per se, but are as competitive as the main contract they are part of. From the UAE Offset Policy Guidelines (p. 5): &quoute;DCs [Defence Contractors] are all subject to the Offset Program (as defined in the Offset Agreement). The Offset Program is applicable to all purchases of goods and services by the UAE Armed Forces (or any other UAE federal or local government entity (Government) as defined in the Offset Agreement), as reflected in the Supply Contract/s entered into between the Government and the DC.

In addition, the Offset Program is applicable to DCs that supply goods and services indirectly to the Government, through local agents, local representatives and local defence companies or otherwise (for examples of such deals, please see the UPI link above). DCs are required to sign the Offset Agreement, a general agreement that sets out the relationship between the Offset Program and the DC and acknowledges the DC’s Offset Obligations going forward.&quoute;

Media reports from foreign (and often, specialised) outlets give scarce information about what is being discussed; however the links above do provide a good idea of how offsets are negotiated and carried out. Given that benefit to local suppliers is specified clearly, and there are instances of competition mentioned in from within the sources.

COMMENTS -+

Institutional sources:
- &quoute;Offset Policy Guidelines&quoute;, Industrial Development Program http://www.idp.ae/en/agreements/Offset%20Policy%20Guidelines.pdf (accessed 11 May 2014)

Media reports:
- &quoute;Guns and sugar&quoute;, The Economist, May 25, 2013 http://www.economist.com/news/business/21578400-more-governments-are-insisting-weapons-sellers-invest-side-deals-help-them-develop (accessed 11 May 2014)
- &quoute;Emirates builds its own defence industry&quoute;, UPI.com, March 18, 2013
http://www.upi.com/Business_News/Security-Industry/2013/03/18/Emirates-builds-its-own-defence-industry/UPI-77731363633569/ (accessed 11 May 2014)
- &quoute;How the UAE Defence Sector is Evolving from Importer to Exporter&quoute;, BlueStone, Jan 4, 2014 http://bluestoneme.com/2014/01/04/how-the-uae-defence-sector-is-evolving-from-importer-to-exporter/ (accessed 11 May 2014)
- &quoute;Industry: UAE, Saudi Arabia Plan Purchases&quoute;, defence News, Feb 9, 2014 http://www.defencenews.com/apps/pbcs.dll/article?AID=2014302090013 (accessed 11 May 2014)
- &quoute;Offshore Security Drives Gulf Naval Procurements&quoute;, defence News, Mar 24, 2014 http://www.defencenews.com/apps/pbcs.dll/article?AID=2014303240013 (accessed 11 May 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

73.
score
3

How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?

The Federal Decree &quoute;instructs companies seeking contracts with the UAE Armed Forces to not enter into a deal with any company to act as an agent, or “consultant,” on their behalf during negotiations or finalization of contracts&quoute;. No other published policy regarding this was identified, neither was there evidence of scrutiny over the use of agents.

Lastly, no oversight mechanism or report was identified - it is therefore difficult to say how strictly these policies are adhered to. The controls to ensure that the law is not circumvented are unclear, and as Peer Reviewer 1 points out, the 'safeguard provisions' seem difficult to enforce.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media:
N/A

Others:
- Afridi & Angell (independent consulting agency specialising on the MENA region), &quoute;Doing Business in the UAE&quoute; publication collection http://www.afridi-angell.com/searchKnow.php?Ids=1
- North Alabama International Trade Associaion (NAITA), &quoute;Conducting business in the UAE&quoute;, http://www.naita.org/docs/conductingbusinessuaecda.pdf
- “Future of the UAE defence Industry – Market Attractiveness, Competitive Landscape and Forecasts to 2019.” April 2010. Strategic defence Intelligence. http://www.researchandmarkets.com/research/aff0a7/the_united_arab_em [subscription required].
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: According to a market report produced by Strategic defence Intelligence, “In order to bid for defence contracts in the UAE, foreign OEMs [original equipment manufacturers] must be represented by commercial agents, who are contracted by the supplier to represent company interests, or by a UAE national company.” However, the report continues, stating “Foreign OEMs are prohibited from using any sales agent or intermediary when they bid for defence contracts initiated by the Ministry of defence.” I take these two statements to imply that defence companies must have a permanent, long-term relationship with an established agent or national firm in order to qualify to bid on defence contracts, but that these agents are not technically acting as intermediaries on any particular bid or sale. This distinction seems rather superficial and difficult to enforce in practice.

In addition to being represented by a commercial agent, the OEM can also qualify to bid on government contracts by incorporating a limited liability company (LLC) or establishing a branch office in the UAE. In the case of an LLC, at least 51% of the equity must be owned by UAE nationals; in the case of a branch office, the OEM is still obliged to appoint a UAE national as a proxy agent, who, according to the above-cited report, “assists in communicating with government departments and facilitates domestic administrative matters.”

The report also notes that the prohibition on using agents when OEMs bid on contracts does not apply to contracts initiated by the Ministry of Internal Affairs.

“Future of the UAE defence Industry – Market Attractiveness, Competitive Landscape and Forecasts to 2019.” April 2010. Strategic defence Intelligence. http://www.researchandmarkets.com/research/aff0a7/the_united_arab_em [subscription required].

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Not Qualified

Comment:

Suggested score:

Researcher + Peer Reviewer-+

74.
score
0

Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?

No details of financing packages seem to be publicly available, from either institutional or non-governmental sources.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media:
N/A

Others:
- Afridi & Angell (independent consulting agency specialising on the MENA region), &quoute;Doing Business in the UAE&quoute; publication collection http://www.afridi-angell.com/searchKnow.php?Ids=1
- North Alabama International Trade Associaion (NAITA), &quoute;Conducting business in the UAE&quoute;, http://www.naita.org/docs/conductingbusinessuaecda.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: The entire defence budget is secret, so absolutely no details on arms purchases are made public by the government.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

75.
score
0

Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?

No mention of the use of subcontractors or concerns regarding corruption were identified, even after analysing the Ministry of Defence and the SAI websites in an attempt to identify relevant information.

COMMENTS -+

Institutional sources:
- Federal Decree number 12 of 1986 regulating Tenders & Auctions in the Armed Forces (as amended by Resolution no 32 of 1995), see &quoute;Corruption in International Trade and Commercial Arbitration&quoute; by Abdulhay Sayed (2004) for discussion

Media sources:
- &quoute;UAE to introduce new logistics system for its military&quoute;, Arabian Supply, 15 Dec 2013 http://www.arabiansupplychain.com/pics-9453-uae-to-introduce-new-logistics-system-for-its-military/0 and http://www.arabiansupplychain.com/pics-9453-uae-to-introduce-new-logistics-system-for-its-military/1 (also see https://twitter.com/ASC_dotcom/status/412089637138468865) (accessed 11 May 2014)

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

76.
score
1

How common is it for defence acquisition decisions to be based on political influence by selling nations?

There are a number of media articles that suggest that acquisitions are granted as a result of political influence by seller nations. The lack of transparency makes this question difficult to assess, and expenditure is not justified by reference to military need.

Response to Peer Reviewer 1:
- Peer Reviewer 1 makes an interesting point about the 'bidirectional opportunism', if I may call it so. This is true, albeit I believe it to be a trend that's becoming increasingly visible since 2013-2014. SIPRI found that &quoute;the UAE accounted for 57% of the volume of imports of major conventional weapons in the period 2005-2009 and Saudi Arabia for 10%&quoute;. Yet, this had not been used as a leverage, until reports started to emerge from 2015 that the UAE has taken actively part in domestic political affairs in other MENA countries (Egypt, see comments by Peer Reviewer 1).

Response to Peer Reviewer 2: For the reasons given above, score maintained.

COMMENTS -+

Institutional sources:
N/A

Media sources:
- &quoute;Which foreign countries spent the most to influence U.S. politics?&quoute;, The Washington Post, 14 May 2014 http://www.washingtonpost.com/blogs/in-the-loop/wp/2014/05/14/which-foreign-countries-spent-the-most-to-influence-u-s-politics/ (accessed 15 May 2014)
- &quoute;UAE buys $1.3 billion more arms at IDEX&quoute;, Defence Web, Feb 19, 2013 http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=29511:uae-buys-13-billion-more-arms-at-idex&catid=116:idex-2013&Itemid=257 (accessed 15 May 2014)
- &quoute;U.S. Arms Deal With Israel and 2 Arab Nations Is Near&quoute;, The New York Times, April 18, 2013 http://www.nytimes.com/2013/04/19/world/middleeast/us-selling-arms-to-israel-saudi-arabia-and-emirates.html?_r=0 (accessed 15 May 2014)
- &quoute;UAE likely to buy 60 Eurofighter Typhoon jets&quoute;, Gulf News, February 21, 2013 http://gulfnews.com/business/general/uae-likely-to-buy-60-eurofighter-typhoon-jets-1.1149180 (accessed 15 May 2014)
- &quoute;UAE, Libya Request US Arms Purchases&quoute;, defence News, Jan 29, 2014 http://www.defencenews.com/article/20140129/TRAINING/301290032/UAE-Libya-Request-US-Arms-Purchases (accessed 15 May 2014)
- &quoute;US to sell weapons worth $10bn to UAE and Saudi Arabia&quoute;, The National UAE, October 16, 2013
http://www.thenational.ae/world/middle-east/us-to-sell-weapons-worth-10bn-to-uae-and-saudi-arabia (accessed 15 May 2014)
- &quoute;Saudi, UAE Influence Grows With Purchases&quoute;, defenceNews, 22 Mar 2015 http://www.defencenews.com/story/defence/policy-budget/budget/2015/03/22/saudi-uae-influence-grows-with-purchases/25013385/ (accessed 18 Jun 2015)
- David Kirkpatrick. 1 March 2015. “Recordings Suggest Emirates and Egyptian Military Pushed Ousting of Morsi.” The New York Times. http://www.nytimes.com/2015/03/02/world/middleeast/recordings-suggest-emirates-and-egyptian-military-pushed-ousting-of-morsi.html?_r=0
- Rania Yehia. “30 South Korean officials, businessmen to attend Economic Summit.” 10 March 2015. Daily News Egypt. http://www.dailynewsegypt.com/2015/03/10/30-south-korean-officials-businessmen-to-attend-economic-summit/
- “Korea pushes to sell T-50 training jets to UAE's flight training center.” 1 November 2012. The Korea Times. http://www.koreatimes.co.kr/www/news/nation/2015/01/205_123716.html

Other sources:
- &quoute;UAE Government Defence Anti-Corruption Index 2013&quoute;, Transparency International, January 2013, http://government.defenceindex.org/results/countries/united-arab-emirates (accessed 1 August 2015)

SOURCES -+

Opinion: Agree with Comments

Comment: It is not so much the political influence of the selling nation that is notable in the case of the UAE. Because the UAE has such significant purchasing power, it can leverage its status as a major buyer to exert political influence on arms exporting nations to achieve regional foreign policy goals. This is especially true for mid-range arms exporters like those in East Asia, Eastern Europe, and Latin America.

For example, it appears that the UAE has leveraged its military trade relationship with South Korea in order to secure the latter’s support for the military government of President Sisi in Egypt, which is a major recipient of financial and political support from the UAE (see New York Times article below). Egypt was recently visited by a delegation of diplomats and businessmen from the UAE and South Korea to discuss a trilateral agreement to boost trade and industrial cooperation to support economic growth in Egypt.

It is likely that such efforts on behalf of the South Korean government are done with an eye toward influencing military sales to the UAE. Being a relatively small-scale weapons exporter, deals with the UAE are politically important to South Korea. Military sales from South Korea to the UAE includes surveillance robots, unmanned aerial vehicles, rocket launchers, and a 2011 contract for South Korean troops to train special operations forces in the UAE, as well as ongoing negotiations to build a joint flight training center and supply T-50 training jets to the UAE. Even negotiations over such an aircraft sale are a powerful market signal, as this is South Korea’s first domestically developed super sonic jet, and it has secured only limited export orders to date. Indeed, South Korea recently secured its second export sale of the jets with a contract to supply 50 planes to the Iraqi military.

This discussion is not to say that major military acquisition decisions taken by the UAE are not influenced by the power of the major arms exporting countries (notably the US and UK) – only that such influence is a two-way street, especially in the case of importers with large budgets such as the UAE.



David Kirkpatrick. 1 March 2015. “Recordings Suggest Emirates and Egyptian Military Pushed Ousting of Morsi.” The New York Times. http://www.nytimes.com/2015/03/02/world/middleeast/recordings-suggest-emirates-and-egyptian-military-pushed-ousting-of-morsi.html?_r=0

Rania Yehia. “30 South Korean officials, businessmen to attend Economic Summit.” 10 March 2015. Daily News Egypt. http://www.dailynewsegypt.com/2015/03/10/30-south-korean-officials-businessmen-to-attend-economic-summit/

“Korea pushes to sell T-50 training jets to UAE's flight training center.” 1 November 2012. The Korea Times. http://www.koreatimes.co.kr/www/news/nation/2015/01/205_123716.html

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: I think the UAE is in a buyers market. As one of the worlds largest procurers of international defence equipment, at a time of shrinking defence budgets in the West, they can afford to be fussy. They deliberately seek to balance international political dynamics in their decision-making but my sense is that they are not pushed around by anyone.

Suggested score: 2

Researcher + Peer Reviewer-+