Washington Report on Middle East Affairs, March 2001, page 54
Libya: Looking Toward a Post-Lockerbie Future
Libya Is Open for Investment
By Janet McMahon
Tripoli’s Al-Mahari Hotel was the site of the 2000 International Conference on Development and Investment in the Great Jamahiriya, held Nov. 13 through 15. Businessmen and official representatives from as far afield as China and Australia, not to mention Europe and Africa—from everywhere, it seemed, but the United States—clearly were interested in exploring investment and trade opportunities denied them for much of the past decade.
Some delegations, such as the Italians, Libya’s former colonizers, already were well acquainted with the country. Others had come to learn. The conference, organized by the General People’s Committee for Foreign Liaisoning and International Cooperation, provided Libyan government agencies and representatives the opportunity to explain regulations and procedures, and attendees the chance to ask questions and meet the officials with whom they would be working.
In 1997, the General People’s Congress adopted Law No. 5 encouraging foreign capital investment and establishing the Libyan Foreign Investment Board. The law set forth the basic outlines of government policy in all sectors but the petroleum industry, including exemptions of customs duties and income and other taxes for certain kinds of projects, as well as the right of investors to re-export invested capital at the conclusion of a project.
Law 5 also stipulates that a project “may not be nationalized, dispossessed, seized, expropriated, received, frozen or subject to actions of the same impact except by force of law or court decision and against an immediate and just compensation...” (Indeed, as National Oil Corporation secretary Ahmed Abdulkarim Ahmed noted the next day, American oil interests in Libya have been preserved. Libya has kept its commitments, he said, pointing out that it was U.S. companies that withdrew from Libya. Americans, he added, “can come back whenever they want.”)
Disputes are to be settled in court or through arbitration.
Opening the conference, General People’s Committee Secretary Mubarik Shamik told the assembled guests that Libya did not intend to link investment and politics. “We have been affected by just that [linkage],” he observed, “but we do not insist on it ourselves.”
He reviewed some of the past year’s accomplishments, including addressing the exchange rate, evaluating the effectiveness of the country’s banking system, creating a specialized team to review tax regulations, and the payment of royalties to foreign companies working with Libya. Noting that the government encourages small cooperatives and family businesses, he noted that “Libya is a leading country in the private sector economy.”
Assistant Secretary of Investment and External Trade Faraj Abdussalam Milad listed among the advantages Libya offers to foreign investors the country’s political stability achieved over the past 30 years and its system of roads, airports, telecommunications and infrastructure, in addition to its historic, human and natural resources. In turn, Libya seeks investment based equally on the social interest of the investor and the consumer, to introduce its products to the international market, and to utilize Libyan manpower while preserving natural resources.
The opening session was followed by two days of presentations on more specific topics, such as legislation and regulations, research and financial institutions, investment policies and opportunities in the oil, agriculture, transportation and communication, and tourism sectors, and electricity, telecommunications and the Great Man-Made River. The conference concluded with workshops on the various investment sectors.
A highlight of the conference was a dinner hosted by the Foreign Investment Board at a revolving restaurant atop one of Tripoli’s modern new highrise buildings. As diners feasted on a lavish fish dinner to the accompaniment of traditional songs performed by a group of singers and musicians in native dress, the lights and harbor of Tripoli presented themselves below.
Janet McMahon is the managing editor of the Washington Report.
SIDEBAR 1Colonel Qaddafi Addresses Development and Investment ConferenceConference attendees were abuzz with the rumor that Libyan leader Col. Muammar Qaddafi might address the gathering. And, indeed, on the second day the doors to the auditorium lobby were closed and everyone required to re-enter from an outside entrance, after passing through security and a metal detector. The weather being perfect, this did not pose a problem, merely a delay in the proceedings. Once the expectant audience was reseated, however, the colonel did not appear, so regularly scheduled proceedings resumed. The following day the same rumor swept the gathering. This time the rumor, and the colonel, materialized—despite the fact that the previous day’s security measures were not repeated. Wearing a white suit rather than traditional tribal dress, Colonel Qaddafi was warmly applauded as he walked onstage. Contrary to the American media’s portrayal of him as a flamboyant figure and fiery orator, his tone and demeanor were modest and low-key as he spoke without notes—and certainly without a teleprompter! Thanking the assembled group for attending the conference, the colonel extended his personal greeting to everyone who is “careful and concerned about investment and development—not just in Libya, but everywhere on the globe. “We badly need such people in a world where there are evil tendencies,” he continued, “and where there are people who are not concerned about the development of countries but who try to obstruct peaceful cooperation between nations.” Despite the hopes created by the establishment of the League of Nations, Qaddafi said, then dashed by World War II but revived with the United Nations, that peace and cooperation would prevail among nations, latent tendencies toward violence and evil still exist—and perhaps never will be overcome. The Libyan leader cautioned his audience that there was no guarantee that their peaceful and constructive efforts would be allowed to flourish. He cited the destruction in World War II of Belgrade—Tito’s “White City”—and the more recent bombing of the Yugoslav capital, calling the targeting of bridges, train stations and other civilian infrastructure “a crime that cannot be forgiven.” Did the NATO attacks eliminate the evil tendencies that led to the persecution of Muslims in Kosovo? he asked. He referred as well to the rebuilding of Lebanon’s infrastructure, with loans and other assistance, after the country’s 15-year-long civil war. “Lebanon is a small country,” he said. “It should be a nice garden in the Mediterranean. But U.S. planes, piloted by [Israeli] pilots, destroyed electrical stations, the airport and other civilian targets.” Qaddafi referred as well to a “conspiracy to pit Ethiopia against Eritrea, leading to tens of thousands of deaths,” the bombing of Iraq, the burning of Kuwait’s oil wells, and the destruction of Sierra Leone in West Africa as examples of the dangers that might befall peaceful economic development. He described the 1986 bombing of Libya by the U.S., “the strongest country in the world, which we hoped would preserve peace. Now,” he said, “it is the main threat to peace and security, and seeks to break bridges of cooperation between peoples.” Nor is the threat only one of physical destruction. Qaddafi cited the economic crisis of the “Asian Tigers,” which, he said, “were destroyed through the weapon of investment, capital flow and free markets.” Investment in paper currencies rather than economically profitable projects, he said, perverted then destroyed the value of the national economies. Expressing his appreciation of the conferencegoers’ “good intentions for investment and development in Libya and elsewhere,” Qaddafi said he “still fears the actions of the destroyer” and thus is “somewhat pessimistic about the future.” The colonel reiterated Libya’s intention to separate politics from economic development, and the country’s political stability. He described Libya as a “direct democracy of people’s congresses and committees,” where there are no strikes or sit-ins because workers are partners in production. Nor is there a conflict between the public and private sectors, since there is only people’s private ownership. “There are no shortcomings in this system,” Qaddafi said. According to the Libyan leader, the question of nationalization is not relevant. “Nationalization of whom against whom?” he asked. “How can you nationalize something that belongs to the people?” Following his talk, Colonel Qaddafi asked if there were any questions. An audience member rose to ask if a contradiction existed between the leader’s philosophy as stated in the Green Book and open-door investment in Libya by international capitalism. “Libya, with its people’s socialism, cooperatives, etc.,” the colonel replied, “and foreign investors each have their own requirements, which will be governed by agreements between the two parties. That is what this conference is intended to explain. “It is up to the potential investor to decide if the environment is helpful or not,” he continued. “Libya’s convening of this conference indicates it is serious about investment in Libya and in Africa as a whole, and that we will create a suitable environment for investment. Everyone must feel at ease. “You are coming here to explore, and to ask about the investment environment. If you find it suitable, you can be assured of Libya’s commitment,” he said. “Of course, you are free to find it unsuitable. “Investment capital has its own language of peace, investment and economic freedom,” Colonel Qaddafi concluded. “It is not the language of religion.” —JM
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