Law No. (36) of 2012 on property and asset management of certain persons

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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