قانون رقم (36) لسنة 2012 بشأن إدارة أموال وممتلكات بعض الأشخاص

Law No. (36) of 2012

on asset and property management of certain persons

The Interim National Transitional Council

Upon review of:

• The Victory Statement of the 17 February Revolution issued on 22 February 2011;
• The Constitutional Declaration issued on 3 August 2011;
• The internal regulation of the National Transitional Council;
• The bylaws of the National Transitional Council's activities;
• Public interest considerations;
• Deliberations of the National Transitional Council session held on Wednesday 02/05/2012;

issued the following law:

Article (1)

The assets and properties of the persons listed in the table attached herein, as well as the assets and properties of the spouses and children of the natural persons thereof, shall be placed under the control of a General Receiver.

Other assets or properties may be included in the abovementioned table by a Cabinet decree if deemed in need to be placed in receivership.

Certain persons living abroad may be added to the same table.

Article (2)

At the proposal of the Minister of Justice, the General Receiver shall be appointed by a Cabinet decree and shall have the grade of a court of appeals counsellor. The Receiver shall act on behalf of the persons referred to hereinafter for the management of their assets and properties or of assets and properties for which they hold actual management power, depending on their share of capital, or those in which they possess stock, bonds, shares or stakes regardless of the percentage thereof. A Cabinet decree may be issued to appoint private receivers entrusted with the management of some of the aforementioned assets and properties. In this regard, private receivers shall enjoy the same rights bestowed upon general receivers in accordance with the provisions of this law and within the limits determined by a decision of the Minister of Justice.

The General Receiver shall have the right to direct, oversee, and control the private receivers' exercise of their duties.

Article (3)

The General Receiver shall be in charge of receiving, inventorying and managing the assets. In particular, he shall be entitled to take all necessary measures to collect the amounts due to the persons whose assets and properties are governed by the provisions of this law or any rights added in the future, to pay their debts and cash their dues, to provide quittances, and to sell perishable items thereof, whether totally or partially, or sell assets with high maintenance costs. With regard to industrial or commercial business, the General Receiver may engage in all aspects of normal work practice. He shall have the right to settle or waive all debts or part thereof, and to litigate in the name of the persons governed by this law in his capacity as their deputy.

Article (4)

With the written authorisation of the Minister of Justice, the General Receiver may sell assets and properties and liquidate industrial or commercial business. In particular, he may request the dissolution or liquidation of any company, or approve such dissolution.

Article (5)

Upon the approval of the Minister of Justice, the General Receiver shall appoint the necessary employees and delegates to assist in managing the assets and properties referred to in Article (1) of this law or those added in the future, whether by delegation or secondment of civil servants with practical experience in this field, with the consent of their respective entities.

Article (6)

It is prohibited to enter into any contracts, transactions or commercial operations, be they financial or otherwise, whether personally or by mediation, with or for the benefit of any of the persons whose assets are placed in receivership in accordance with this law, except through the General Receiver.

Article (7)

Without prejudice to the provisions of Article (12) of this law, any transaction conducted from 1 February 2011 up to date of entry into force of this law concerning the assets or properties owned by the persons subject to the provisions of this law, whether such transaction involves the concealment or smuggling of assets and properties, or aims to achieve an illegal personal financial gain, or contravenes the relevant legislation in force, shall be null and void and shall not be contested before any entity in Libya.

Article (8)

None of the persons referred to in Article (1) may initiate a civil or commercial action before any judicial authority in Libya, or proceed with any action heard before the said authority, if such action concerns the assets in receivership.

Article (9)

Obligations arising out of a contract, transaction or process conducted for the benefit of one of the persons referred to in Article (1) prior to the entry into force of this law or to the decision placing the assets in receivership, may only be executed with the consent of the General Receiver and the written authorisation of the Minister of Justice. No contract, process, or transaction conducted in violation of Article (7) of this law may be executed.

Article (10)

Every natural or legal person in Libya or abroad, be it a manager, supervisor, bailee or possessor of movable or immovable assets or of rights owned personally or by mediation by the persons subject to the provisions of this law, or a creditor or debtor thereto of any amounts or rights regardless of their nature, shall submit to the General Receiver a true and complete account of such rights and assets, supported by related papers and documents, on the dates and in the manner prescribed by the decision of the Minister of Justice.

Article (11)

All natural or legal persons shall provide a satisfactory statement of every conveyance, usufruct, or right of use agreement concerning any movable or immovable assets, or any assignment agreement regardless of the nature of the transferred rights, or any agreement that entails modification of any civil or commercial enterprise or of the partners' position among each other if a person subject to this law is a party thereof. Such statement shall be submitted on the dates and subject to the terms and conditions specified by the Minister of Justice.

Article (12)

The Minister of Justice may decide to disregard the agreements for which a statement shall be submitted in accordance with the provisions of Article (10), if the statement is not submitted on the specified date or if the statement is incorrect.

The Minister may decide to disregard agreements of unspecified date or those issued prior to the Cabinet decrees mentioned in Article (1), Paragraphs (2) and (3) of this law, if firm reasons exist for questioning the validity thereof.

The Minister may also refuse to approve any conveyance agreement concluded as a donation or any commutative contract that contributes to hiding such assets from receivership, regardless of the date of conclusion of such agreement or contract.

Article (13)

Concerned parties may appeal the decisions issued by the Minister of Justice as prescribed by the provisions of the previous article before competent courts within sixty days from their notification of the decision subject to appeal.

Article (14)

All persons referred to in Article (1) of this law, and all occupants or holders of assets and properties subject to the provisions of this law shall hand over such assets and properties to the General Receiver. Persons referred to in Article (10) shall hand over to the General Receiver all movable and immovable assets and all documents in support of the rights described in the statements submitted thereto, and shall allow the General Receiver to take charge of the same. The General Receiver shall determine the dates, procedures and methods of delivery of the assets, properties and documents.

Article (15)

The General Receiver may terminate lease contracts of any person living abroad whose assets are in receivership, without prior notice or indemnification for the termination of the contract before the expiration thereof.

Article (16)

The Minister of Justice may determine a monthly allowance for the family of the person whose assets are in receivership, to be deducted from this person's assets commensurate with the average income in society.

Article (17)

The provisions of this law shall not be applicable to:

Salaries, wages, or the equivalent thereof, and retirement pensions that are paid to persons referred to in Article (1) of this law.

Article (18)

The specified remunerations or salaries of the General Receiver, subordinates thereof and private receivers, as well as the expenses of asset management shall be deducted from the revenues of the assets and properties in receivership according to a percentage determined by the Minister of Justice. The Minister shall also determine the value of such remunerations, salaries, and expenses and the disbursement conditions thereof.

Article (19)

The General Receiver and his subordinate receivers shall submit to the Minister of Justice a report on their management of the assets and properties in receivership within one month from the date of assuming their duties in order to be examined and approved by the Audit Office.

Article (20)

The General Receiver, subordinate receivers thereof, and the employees and delegates referred to in Article (5) and determined by the Minister of Justice shall have the capacity of judicial officers with regard to the implementation of the provisions of this law.

Article (21)

Managers of banks, companies, commercial and industrial enterprises and other public or private entities shall provide the General Receiver, his subordinate employees and delegates as well as private receivers upon request all data concerning the accounts, deposits, and assets of persons referred to in Article (1) and the books or other papers related to such accounts, deposits, or assets.

Article (22)

Persons in charge of the management of assets and properties subject to the provisions of this law, or those in possession thereof, shall continue to manage the same until transfer thereof to the General Receiver.

Article (23)

Penalties

Without prejudice to any harsher penalty stipulated by other laws, any person who violates the provisions of Articles (6), (7), (9), (10), (11), (14) of this law shall be punished by imprisonment for a minimum period of two years and by a fine of fifty thousand dinars at most.

The same penalty shall be imposed on any debtor or creditor who submits an inaccurate statement with the intention of smuggling payable rights or assets. In addition to the aforementioned, the court shall decide to submit to the General Receiver all assets, papers and documents that should be delivered or for which a statement should be submitted.

Any violation of the provisions of Articles (21) and (22) of this law shall be punished by imprisonment for a maximum period of two years and a fine of at least thirty thousand dinars.

Article (24)

Any provision contrary to the provisions of this law shall be repealed.

Article (25)

This law shall enter into force from its date of issuance and shall be published in the Official Gazette and the media.

Interim National Transitional Council - Libya

Tripoli

Monday 11 Jumada al-Thani 1433 AH

Corresponding to 02/05/2012 AD

Attached Table of Law No. (36) of 2012

on asset and property management of certain persons

	Name		Name
1	Muammar Mohammed Abu Minyar Gaddafi	2	Khamis Muammar Gaddafi
3	Saif al-Arab Muammar Gaddafi	4	Hannibal Muammar Gaddafi
5	Mutassim Muammar Gaddafi	6	Al-Saadi Muammar Gaddafi
7	Saif al-Islam Muammar Gaddafi	8	Mohammed Muammar Gaddafi
9	Aisha Muammar Gaddafi	10	Hana Muammar Gaddafi
11	Safia Markash Mohammed	12	Ibrahim Ali Ibrahim Gaddafi
13	Ibrini Khalifa Ibrini	14	Ehtuish Faraj Ehtuish
15	Ahmed Ibrahim Mansour Gaddafi	16	Ahmed Kilani Gaddafi
17	Ibrahim al-Hafian	18	Osbaie Ali Osbaie
19	Ahmed Mohammed Oueidat	20	Abu Bakr Suliman al-Wizri
21	Idris Abdullah Ghaith	22	Ahmed Ramadan al-Asaibie
23	Ahmed Ali al-Mahmoudi	24	Ibrahim Abdul Salam Ibrahim
25	Ibrahim Abdul Rahdam Ibjad	26	Ibrahim Misbah Abu Khuzam al-Hasnawi
27	Dr. Ibrahim al-Ghuwail	28	Abu Bakr al-Safi al-Tayeb
29	Ahmed Mohammed Ibrahim Gaddafi	30	Ismail al-Karami
31	Ahmed Khalifa Gaddafi	32	Ahmed Mohammed Sayed Gadhaf al-Dam
33	Amal Abdullah Nouri Safar	34	Al-Rifi al-Sharif
35	Ibrahim Mohammed al-Fiqhi	36	Abu Zeid Omar Dorda
37	Ahmed Misbah al-Mabrouk al-Warfaly	38	Umm Shanaf Misbah al-Mabrouk al-Warfaly
39	Al-Tuhami Mohammed Ahmed Khaled	40	Al-Baghdadi Ali al-Mahmoudi
41	Tayeb al-Safi al-Tayeb	42	Al-Zinati Mohammed al-Zinati
43	Al-Senussi Suleiman al-Wizri	44	Al-Mabrouk Ali Mohammed Gaddafi
45	Al-Madani Abu Tuwairat	46	Al-Madani al-Azhari
47	Al-Madani Al-Hudairi	48	Al-Mahdi Miftah Imbairesh
49	Al-Hadi al-Taher Imbairesh	50	Al-Tawati al-Mahdi Mansour Gaddafi
51	Al-Mabrouk Ibrahim Sahban al-Megrahi	52	Al-Majdoub Saleh Gaddafi
53	Al-Taher al-Hadi al-Juhaimi	54	Al-Zawam Ahmed Abdul Rahman Gaddafi
55	Al-Ujaili Ibrini	56	Al-Mahdi al-Arabi
57	Al-Heblou Nasr Gaddafi	58	Al-Rifi al-Sharif
59	Basset Khitab al-Manfi	60	Bashir Ali Zanbil
61	Bashir Saleh al-Akhdar	62	Bashir Saleh Bashir
63	Bashir Saleh al-Gamoudi	64	Belgasem Masha'allah Labaaj
65	Bouzaid al-Jabo Gaddafi	66	Jibran Salem Mansour
67	Juma Saeed Gaddafi	68	Jamila Mohammed Salem Bin Amer
69	Jamila Fathi Bin Amer	70	Jamila Mohammed Dorman
71	Husni al-Wahishi al-Sadiq	72	Hassouna al-Lafi al-Shawesh
73	Hatem al-Hadi al-Hamidi	74	Hafiz Mohammed al-Shawabel
75	Hassan Mohammed Ehmida al-Kaseh	76	Habib Oudaa al-Hasnawi
77	Hosni Bey	78	Hamza al-Tuhami al-Warfaly
79	Hamed Massoud Saad	80	Hamed al-Hudairi
81	Khaled al-Zantouni	82	Khalifa Saeed al-Hanshiri
83	Khalifa Saleh Gaddafi	84	Khalifa Ihnish al-Derbashi Gaddafi
85	Khairi Nouri Khaled	86	Khaled al-Khweldi al-Hamidi
87	Rafeh Ali al-Madani	88	Rajab Miftah Abu Dabous
89	Ramadan al-Mahdi al-Zantouni	90	Rajab Bouzeid Ramadan Gaddafi
91	Salem al-Hussein al-Mshay	92	Salem Mohammed Bin Amer
93	Saeed Faraj Ali Gaddafi	94	Saad Hassan Bakar
95	Saadeddine Fathi Bin Amer	96	Saeed Hassan al-Zoubek
97	Sayed Mohammed Gadhaf al-Dam	98	Saeed Mohammed Rashed Khesha al-Megrahi
99	Saeed Oraibi Hafyana	100	Salem Milad al-Mshay
101	Suliman Sassi al-Shohoumi	102	Salwa Fathi Bin Amer
103	Salem Gadeer	104	Saeed Ouweidat Gaddafi
105	Saeed Ammar Naili	106	Saeed Miftah Gaddafi
107	Suliman Salem Suliman al-Shohoumi	108	Dr Suliman al-Ghuwail
109	Salem Boushreda	110	Shukri Mohammed Ghanem
111	Saleh Ibrahim al-Mabrouk al-Warfaly	112	Saleh Ibrahim Abdul Qawi
113	Saleh Hussein Mohammed Mohammed al-Zoubek	114	Saleh Ali Ammar
115	Saleh Ammar Saleh Belhaj	116	Saleh Ammar Massoud
117	Saleh Massoud Osman Gaddafi	118	Sobhi Gannus
119	Sabri Mohammed Bin Amer	120	Alya Yaacoub al-Baraasi
121	Abdul Hameed Salem Daman	122	Abdul Hameed Mohammed al-Dubaiba
123	Ali Ibrahim al-Dubaiba	124	Ali Abdul Salam al-Turaiki
125	Abdul Rahman al-Sayd Abu Shaala	126	Ali Faraj Gaddafi
127	Abdul Raheem Mohammed al-Heblou	128	Abdul Salam al-Zadma
129	Abdul Rahman Atiya Karfakh	130	Abdul Salam Ahmed al-Farjani
131	Abdul Aati Osman al-Heblou	132	Abdul Aziz Rashed Abdul Aziz
133	Abdul Qader Mohammed al-Baghdadi	134	Abdul Qader al-Hudairi
135	Abdul Majeed Mohammed Kousa	136	Abdul Hadi Moussa Gaddafi
137	Ali Salem al-Sehouli	138	Ezzeddine Mohammed al-Hanshiri
139	Ali Abul Qasim al-Kilani	140	Ali Yousef Zakri
141	Ali Mohammed Bin Amer	142	Ali Mohammed Rihab
143	Ali Mahmoud Maria	144	Ali Misbah al-Warfaly
145	Ali Morsi al-Shaeri	146	Ammar al-Mabrouk al-Taif
147	Omar Hussein Salem Ashkal	148	Omar al-Hamidi
149	Omar Ehmida Soudani	150	Omar Awad Rashwan
151	Omar Abdul Salam al-Sheikhy	152	Omran Ibrahim Abu Kraa
153	Omran Salem Ehtuish	154	Abdul Salam Ahmed Jalud
155	Abdul Hameed Mohammed al-Wandi	156	Abdullah Osman Gaddafi
157	Abdul Qader Belkhair	158	Omar Ihneish Gaddafi
159	Abdullah Salem al-Badri	160	Ali Mohammed al- Asfar
161	Abdul Menhem al-Huni	162	Ali al-Ati
163	Abdullah Mahmoud al-Hijazi	164	Abdul Razeq Sousaa al-Baraasi
165	Abdullah Mansour	166	Abdul Majeed al-Mabrouk al-Gaoud
167	Allag al-Heblou Gaddafi	168	Abdul Rahman Mohammed Ali Abu Touta
169	Issa Emhammed Abdul Salam Kousa	170	Ezzeddine Mahmoud al-Hijazi
171	Ali al-Kilani Mohammed Jadallah	172	Osman Suliman al-Wizri
173	Ali Tallag Nasr al-Ghanai	174	Ghaith Ibrahim Gandeel
175	Faiza Ezzeddine Bin Amer	176	Faiza Ramadan al-Zaghrat
177	Faraj Ali Gaddafi	178	Fawziya Bashir Shalabi
179	Mohammed Abul Qasim al-Zwai	180	Mohammed Ahmed al-Jihawi
181	Mohammed Mahmoud al-Hijazi	182	Mohammed al-Senussi Bin Amer
183	Mohammed Gaddafi al-Fetouri	184	Mohammed al-Madani al-Azhari
185	Mohammed Al-Madani Hussein al-Hudairi	186	Mohammed Jibril Belhussein al-Orfi
187	Mohammed Hussein Aqeel	188	Mousa Ibrahim Gaddafi
189	Mohammed Rajab Mohammed al-Touwair	190	Mohammed Zubaida
191	Mohammed Saad Mohammed	192	Mohammed Ali al-Asfar
193	Mohammed Ali al-Huweij	194	Mohammed Ali Mohammed Gaddafi
195	Mohammed Farkash	196	Mohammed Lutfi Farhat
197	Mohammed Miftah Beitelmal	198	Mahmoud Ali al-Hatki
199	Mahmoud Belgassem Buhnek	200	Mahmoud Hussein Buhnek
201	Mustafa Mohammed al-Zaidi	202	Moawya Ehmida al-Mabrouk al-Suwayi
203	Maatoug Mohammed Maatoug	204	Maatoug Nasr Maatoug
205	Miftah Gaddafi al-Sadaai	206	Miftah Abdul Salam Boker
207	Miftah Kuaiba	208	Mansour Saeed al-Solh
209	Mousa Emhamed Kousa	210	Milad Hussein al-Fiqhi
211	Milad Salem Milad Daman	212	Milad Ali al-Fiqhi
213	Dr. Miloud Mhathabi	214	Mustafa Kamal al-Mahdawi
215	Mustafa al-Kharoubi	216	Massoud Salem al-Zaghrat
217	Mohammed Ali al-Misrati	218	Mansour Dhao Gaddafi
219	Mohammed Emseid al-Majdoub Gaddafi	220	Mohammed Ahmed al-Sharif
221	Mohammed Khalil	222	Mohammed Ibrahim al-Tuwair
223	Mohammed Abdullah al-Senussi	224	Masoud Faraj Ali Gaddafi
225	Mohammed Ibrahim Karima	226	Milad Faraj Ali Gaddafi
227	Miftah Faraj Ali Gaddafi	228	Mohammed Saeed al-Gashat
229	Milad Abdul Salam Abu Zetaya	230	Mohammed Layas
231	Mohammed Hassan al-Moghani	232	Mohammed al-Asfar Gaddafi
233	Mohammed Ismail Ahmed	234	Mukhtar al-Suhaili
235	Massoud Abdul Hafeez	236	Mohammed al-Zarouq Rajab
237	Colonel Mohammed Bouzeid	238	Mohammed Shukri Mohammed Bouzeid
239	Mohammed Ali Zaidan	240	Mustafa Zarti
241	Mohammed Ibrahim Karima	242	Mahmoud Hussein Reeh
243	Mohammed Abu Ajaila al-Mabrouk al-Suwayi	244	Nasser Miftah al-Hasouni
245	Nasser Mansour al-Riyani	246	Nasr al-Mabrouk Harakat al-Ojaili
247	Nouri Ahmed Suwaidan	248	Nasr al-Mabrouk Al-Riyani
249	Naima al-Sakran	250	Nasser Emhamed Mohammed Gaddafi
251	Nouri al-Khuwaildi al-Hamidi	252	Huda Fathi Bin Amer
253	Hana Fathi Bin Amer	254	Garin Saleh Garin
255	Younis Abdullah Younis Rashed	256	Yousef Abdul Rahman Gaddafi
257	General Yousef Abu Hajar	258	Yousef al-Amin Shakir
259	Yousef al-Dibri	260	Layla Tarkhan
261	Anayurt Libya Joint Stock Construction Company
262	Al-Watan Al-Khaled Constructions & Investment Company
263	LMC
264	Africa Trade and Investment Company (AFTIC)
265	Al-Mustakbal Advertising, Printing & Commercials Company
266	Ajaweed Arts and Media Production Company
267	Babel Shipping Company
268	Mariner for Land Transportation, Ltd
269	Al Tahadi Organisation for Building and Construction
270	Organisation For Development Of Administrative Centres (ODAC)
271	Housing and Utilities Projects Implementation Authority
272	Gaddafi International Foundation For Charitable Associations (GIFCA)
273	Gaddafi sons' drug control associations
274	Department of Revolutionary Orientation
275	Economic and Social Development Fund (ESDF) companies
276	Sanam Real Estate Investment Company Ltd
277	OYA Tourism Investment & Development "Janzour Tourist Village"
278	Summa Branch; "Al Mahary Hotel"
279	One Nine Media
280	Aramex
281	Al Tadamon Real Estate Investment Co (Boulayla Tower)
282	Sahel Alakhdar
283	Libyan Air Industry Company
284	One Nine Holding Company
285	Africa Beverage Industries
286	National Engineering Services and Supply Company
287	Emaar al Jadid Contracting Company (JSC)
288	Emaar al Sahel Contracting Company (JSC)
289	Environment & Mimar Real Estate Investment
290	Global Beverage Company
291	One Nine Global Trading
292	Air One Nine Company
293	Ras Al Hilal Marine Services Company
294	Al-Khadra Holding Company
295	Wa'tasimu Charity Association and its investments in Libya
296	Libya Holding Company
297	Al-Faw Real Estate Investment Company
298	Al-Bihar Petroleum Services "Marina- Greek company subsidiary"
299	Phoenix Furniture Company- Tunisia
300	Al-Mabda Contracting and Real Estate Investment Company
301	Al-Muhandis Holding Company
302	Sirman National Park
303	Al-Wafa Bank
304	Rabat Somida Contracting Company
305	Al-Karmoud Company for Cars "Peugeot-Citroen"
306	Al-Mardoud Al-Zhahabi "External Security Organisation"
307	Tulail Petroleum Services
308	Al-Mustakchif For Furniture
309	SEPSCO
310	Camco Petroleum Services
311	Expro Petroleum Services
312	Marina Co. "Greek company subsidiary"
313	Alhan Art Production - Al Khams Hotel
314	Al Mustakchif for Furniture
315	Germa Shipping Company
316	System Co.
317	Iskan Holding and subsidiaries
318	Oya Construction Company
319	Al-Hani Construction Company
320	Impregilo
321	Symbol
322	REC Libya JSC
323	Shapoorji Pallonji
324	Consolidated Contractors Company (CCC )
325	Libo Insurance Co
326	Ramco General Construction
327	NA-LIDCO for General Contracting
328	Al Waha Contracting
329	Yamata JSC
330	EMSAS Construction
331	FM JSC
332	Marco Polo Co.
333	Oea Inspection and Conformity Company
334	Al-Wafa Oil Services Company
335	Sakana General Contracting
336	Al-Qardabiya Holding Company
337	National Holding Company
338	International Organisation for Peace, Care and Relief