Watching Libya August 20/21, 2011

In our previous Watching Libya update [see Watching Libya August 18, 2011 below] we considered the case of the General National Maritime Transport Company (GNMTC), a wholly state owned Libyan company.

We observed that whilst the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) includes GNMTC in the list of companies subject to sanctions pursuant to Executive Order 13566 for being owned or controlled by the Government of Libya, this company is not included in the European Union and United Nations list of individuals and entities targeted for sanctions. We noted that several sources indicate that GNMTC is effectively controlled by one of Muammar Gheddafi's sons, Hannibal,  who is included in all three lists (UN, US and EU) for the purpose of travel bans and asset freeze.

We argued that if the freeze applies to assets owned, held or controlled by individual and entities explicitly targeted by the sanctions, then - assuming that Hannibal Gheddafi does in fact control GNMTC - then this company should be covered by the freeze. This would also apply to companies owned, held or controlled by GNMTC in jurisdictions that have undertaken to apply sanctions.

GNMTC is based in Tripoli with subsidiaries in Malta and Hong Kong. We observed that GNMTC is involved in at least 14 companies registered in Malta. Some of its vessels operate under a Maltese flag. We understand that as at yesterday, August 19, at least four tankers owned by GNMTC or its subsidiaries (Ibn Batuta, El Gurdabia, Intisar, all three Maltese flagged, and Samraa Alkhaleej, Libyan flag) were laid-up at anchor off Malta.

Six other GNMTC vessels, all Libyan flagged, should be presently laid up in Tripoli, namely the Anwar Al Khalij (June 3), Anwar Al Naser (August 8), Anwar Libia (August 8), Mashhoud (May 14), Attahaddi (July 2) and Tazerbo (July 10). [Dates behind the ship's name refer to the date as of which the ship's location was last reported; it is assumed that it is presently in the same location.]

Three other ships, the Aisha, the Al Yarmouk, the Anwar Afriqya are understood to be elsewhere in the Mediterranean, in Koper, Gibraltar and Benghazi respectively. Other ships are understood to be in or off ports in the US, the Red Sea, the Persian Gulf, the China Sea and the Netherlands. The above information was obtained from or checked with various sources, one of which is a tracking service available on internet.

Another vesssel, the Cartagena, reportedly carrying 40,000 tonnes of gasoline, was seized off Malta on August 3 or 4 in what appears to have been an operation involving special forces of a NATO power, and escorted to Benghazi.