Identifier
Created
Classification
Origin
09TRIPOLI157
2009-02-18 10:44:00
CONFIDENTIAL
Embassy Tripoli
Cable title:  

TOTAL BAN ON CATERPILLAR EQUIPMENT RE-IMPOSED IN LIBYA.

Tags:  ECON EIND ETRD PREL KCOR LY 
pdf how-to read a cable
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R 181044Z FEB 09
FM AMEMBASSY TRIPOLI
TO RUEHC/SECSTATE WASHDC 4512
INFO RUEHTU/AMEMBASSY TUNIS 0773
RUEHAS/AMEMBASSY ALGIERS 0908
RUEHRB/AMEMBASSY RABAT 0846
RUEHEG/AMEMBASSY CAIRO 1415
RUEHFR/AMEMBASSY PARIS 0702
RUEHLO/AMEMBASSY LONDON 1016
RUEHTRO/AMEMBASSY TRIPOLI 5037
C O N F I D E N T I A L TRIPOLI 000157 

SIPDIS

DEPT PLEASE PASS TO COMMERCE ( NATE MASON) AND USTR (PAUL BURKHEAD)

E.O. 12958: DECL: 2/17/2019
TAGS: ECON, EIND, ETRD, PREL, KCOR, LY
SUBJECT: TOTAL BAN ON CATERPILLAR EQUIPMENT RE-IMPOSED IN LIBYA.

REF: 07 TRIPOLI 692

CLASSIFIED BY: Gene A. Cretz, Ambassador, U.S. Embassy -
Tripoli, U.S. Dept of State.
REASON: 1.4 (b),(d)
C O N F I D E N T I A L TRIPOLI 000157

SIPDIS

DEPT PLEASE PASS TO COMMERCE ( NATE MASON) AND USTR (PAUL BURKHEAD)

E.O. 12958: DECL: 2/17/2019
TAGS: ECON, EIND, ETRD, PREL, KCOR, LY
SUBJECT: TOTAL BAN ON CATERPILLAR EQUIPMENT RE-IMPOSED IN LIBYA.

REF: 07 TRIPOLI 692

CLASSIFIED BY: Gene A. Cretz, Ambassador, U.S. Embassy -
Tripoli, U.S. Dept of State.
REASON: 1.4 (b),(d)
1. (C) Caterpillar's principal representative for Libya, Mohamed
El Fadhel Khalil, called on the Ambassador on February 16.
Khalil is Managing Director of the Parenin Company, a member of
the Tunisia-based Amen Group of Companies. Parenin is the
principal representative of Caterpillar (CAT) in Libya and has
invested considerable resources in establishing after-market
sales support and maintenance facilities in Libya. (Note:
Parenin is not an exclusive representative of CAT; however, the
premium CAT places on after-market support, together with the
fact that investments Parenin has made to date in constituting
maintenance facilities, make it the leading representative of
CAT in Libya. End note.)

2. (C) Khalil briefed the Ambassador on difficulties CAT has
encountered in attempting to sell and service its equipment into
Libya. In 2007, the GOL banned imports of all machines and
parts for Mercedes, BMW and CAT. (Note: As reported reftel,
credible reports at the time suggested that the GOL enacted a
ban on July 28, 2007 against imports of Mercedes, BMW and CAT
vehicles and spare parts, at least in part in connection with
criticism by German parliamentarians of a France-Libya civilian
nuclear cooperation deal. End note.) Khalil said the ban was
signed by the Director of Customs. (Note: Reports at the time
suggested the ban was issued by the office of Prime
Minister-equivalent al-Baghdadi al-Mahmoudi. End note.)
Muhammad Aghil, one of the wealthiest businessmen in Libya and
the owner of the Mercedes franchise, was imprisoned for
approximately six months in connection with the dispute and
eventually relinquished the right to represent Mercedes.
Several well-informed business contacts have reported that Aghil
also transferred a considerable portion of his assets (some put
the aggregate amount as high as two-thirds of his total worth)
to interests representing the al-Qadhafi family as part of the
deal by which he was released from prison and permitted to
engage in (reduced) business activities. Mercedes was
ultimately able to resume importing vehicles and equipment into
Libya under a new (regime-blessed) representative.

3. (C) Khalil said a representative of the al-Qadhafi family (he
did not say who) approached CAT's Vice President of Marketing
for Europe, Africa and the Middle East, Paolo Fellin, shortly
after the total ban was imposed with a request that a member of
the al-Qadhafi family be named as CAT's principal representative
in Libya. CAT demurred. In July 2007, following an appeal by
CAT's local representative to Saif al-Islam al-Qadhafi, the ban
on imports of CAT products was partially lifted, allowing
equipment to be brought in by end-users only (vice
representatives/dealers). The continuing ban on imports of
equipment by the CAT's principal Libya representative (equipment
for showrooms, inventory and parts) has left CAT with only an
11% market share. Without the import restrictions, Khalil
estimated that CAT's market share would likely be close to 25%
in a market with an aggregate value of some USD 50 million per
year.

4. (C) Khalil said the the GOL reinstated the total ban on
imports of CAT equipment approximately two weeks ago. He did
not offer a reason for the reimposition of the ban. He
requested USG support and advocacy, suggesting that the Embassy
raise the issue directly with the Secretary of the General
People's Committee for Economy, Trade and Investment (Minister
of Economy-equivalent),Dr. Ali Essawi

5. (C) Comment: Different permutations of the reasons for CAT's
troubles are making the rounds in Tripoli's rumor mills. A
version has it that both Saadi al-Qadhafi (a son of Muammar
al-Qadhafi) and Khaled al-Hmeidi (son of Free Officer and senior
regime figure al-Khweildi al-Hmeidi) want to be CAT's principal
representative in Libya, and that CAT's difficulties reflect (at
least in part) that struggle. The re-imposition of the total
ban against imports of CAT's equipment coincides with
negotiations to finalize a U.S.-Libya Trade and Investment
Framework Agreement, raising important questions about the
extent to which Libya can be expected to honor basic free trade
principles. Post will coordinate with the Department, DOC and
USTR to develop a strategy for raising CAT's market access
issues with the GOL. End comment.

CRETZ