LIBYA: INVESTMENT CLIMATE STATEMENT

UNCLAS SECTION 01 OF 10 TRIPOLI 000039

SIPDIS

STATE FOR EEB/IFD/OIA AND NEA/MAG; STATE PASS USTR (BURKHEAD);
LONDON AND PARIS FOR NEA WATCHERS; USDOC FOR ITA/MAC/ONE (MASON),ADVOCACY CENTER, AND CLDP (TEJTEL, TALAAT); CAIRO FOR TREASURY

E.O. 12958: N/A
TAGS: ECON EFIN ETRD KTDB LY EPET OPIC PREL USTR ECIN
EINV
SUBJECT: LIBYA: INVESTMENT CLIMATE STATEMENT

REF: STATE 124006

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INDICATORS FOR LIBYA:


1. Indicators:
Transparency International: Libya is ranked 130 on the
Corruption Perceptions Index.
Heritage Foundation: Economic Freedom Ranking: 171
World Bank Doing Business: Libya is not ranked
Millennium Challenge Corporation: Libya is not ranked

OPENNESS TO FOREIGN INVESTMENT


2. In recent years, Libya has taken a number of steps to
encourage foreign direct investment, with its current initiative
dating back to the mid-1990s. Since that time, Libya enacted
numerous laws and regulations intended to improve the Libyan
business climate and increase its attractiveness to foreign
investment. This effort has been modestly successful; foreign
companies are returning to do business, and Libya has been able
to draw substantial interest from foreign investors,
particularly since the lifting of UN sanctions in 2003. This has
included billions of dollars in investment in Libya's energy
sector. Libya has also embarked on vast new development
projects, including plans to spend 150 billion Libyan dinar (LD)
(approximately US $123.4 billion) on public works, much of it in
infrastructure and housing, over the next five years.


3. Through Law No. 5 (1997),"Encouragement of Investment
Decision," the government attempted to diversify its
hydrocarbons-dependent economy, encourage technical training of
Libyan nationals and enhance regional development. Sectors
targeted under this law include - but are not limited to -
agriculture, industry, tourism, services and health. The
provisions of Law No. 5 attempt to lower the tax and customs fee
burdens on qualifying companies. Under the law, imported
machinery, tools, and other capital equipment are exempt from
all customs duties and taxes; any equipment, spare parts, or
primary materials needed for the project operation are exempt
for a period of five years; the affected project is exempt from
income tax on its activities for a period of five years from the
date of the commencement of production or work; goods directed
for export are exempt from excise tax and from the fees and
taxes imposed on exports; stamp duty tax on commercial documents
are exempt; and finally, profits from a project will enjoy the
same exemption if reinvested. A 2006 General People's Congress
(GPC) amendment to Law No. 5 lowered a 50 million Libyan dinar
(approximately US $41 million) floor on investments qualifying
under the law to LD 5 million (approximately US $4.13 million)
(LD 2 million if 50% or more of the project is owned by Libyans).


4. The Libyan Foreign Investment Board (LFIB) was created as the
implementing agency for Law No. 5. The LFIB was replaced in 2009
by a similar organization, known as the Privatization and
Investment Board (PIB). This organization's mission is to
oversee and regulate foreign investment in Libya's aging and
obsolete industrial base, which is characterized by an absence
of national industrial planning, obsolete technology, poor
management, shoddy maintenance, slow restructuring and
over-employment. The function of the PIB is essentially to
serve as the screening mechanism for foreign direct investment.
While PIB's mandate theoretically includes investment-promotion,
its activity is generally limited to processing foreign
investment inquiries, except those related to tourism or the
Misurata Free Zone. (Note: Applications for investment in those
sectors should be directed to the Tourism Committee and the Free
Zone Authority, respectively. End note.) This organization aims
to be a "one-stop shop," assisting with issues related to
customs and immigration, taxes, and labor for those companies
entering under Law No. 5. PIB approval is required for a broad
array of operational issues for projects undertaken under Law
No. 5, including the disposal of imported materials, transfers
of investment capital outside of Libya at project completion,
and employment of foreigners when qualified Libyans cannot be
hired.


5. Libyan legal requirements on foreign companies present
challenges with respect to operational activities. Non-Libyans
cannot, as a rule, own land. (Note: A provision of Law No. 5
does allow for foreign rental and ownership of land for project
work, although this has not been widely observed in practice.
End note.) "National Treatment" provisions do not exist for
foreign investors. The local content requirement is such that
foreign companies must hire a number of Libyans to at least
match the number of expatriates on staff. In the oil sector,
Libyans put forward for employment with foreign companies often

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lack formal qualifications or applicable practical experience,
leaving companies to either invest a considerable amount of
resources on extensive training and mentoring or to pay
employees who do not contribute to the company's productivity.


6. The promulgation of Law 443 on November 14, 2006,
fundamentally changed the way that foreign businesses in the oil
services, construction, industry, electricity, communications,
transportation, agribusiness and marine sectors can structure
themselves and operate in Libya. Among other measures, new
foreign entrants seeking to establish themselves in these
sectors of the Libyan market are required to establish joint
venture companies with a Libyan entity. Law 443 liberalized the
strictures of earlier regulations by allowing foreign companies
to retain up to 65% ownership of these entities. The law does
not apply to representative offices (which do not have the right
to conduct negotiations or enter into contracts),and to
entities formed under Law 5 of 1997 or Law 7 of 2004 (governing
tourism projects).


7. Some political screening of foreign investment takes place,
and the political equities significantly influence decisions on
government procurement. In 2007, senior Libyan officials made
public statements directly linking successful foreign bids on
development projects to the health of bilateral political
relations. There is also strong evidence that large government
and quasi-government tenders are awarded for political reasons,
often in tacit exchange for deals perceived to demonstrate
Libya's return to the international community. Similarly, large
tenders are withheld when political relations are not perceived
to be positive. This has a trickle-down effect on private sector
business transactions, which can be made more difficult by
Libyan government interference. The Committee for Audit and
Oversight reviews all contracts involving government funding,
and exercises considerable influence over the political vetting
of foreign companies seeking to enter the Libyan market.


8. Foreign firms are subject to special taxation arrangements,
including the Stamp Tax, which places a special tax of 0.5-3
percent on the value of items procured by foreign firms in
Libya, and the Jihad Tax, which applies a 4 percent tax on
corporate profits. Corporate tax rates are subject to
interpretation, and are often a matter of negotiation between
the company and Libyan tax authorities, particularly for larger
companies/projects. Law No. 5 (1997) does provide some tax
benefits for companies conducting work in Libya that falls under
its terms, but requirements to receive these benefits are not
clearly defined in the law. Furthermore, several standard forms
of tax relief are not provided, resulting in high withholdings
and income taxes.


9. The government began a program of privatizations of 360
state-owned enterprises in 2004, a process that is ongoing.
Although foreign entities are allowed to participate, they must
do so under local rules, which include employment protections
for Libyan workers and divesting shares to a wide number of
individual owners (with a preference for Libyans).

CONVERSION AND TRANSFER POLICIES


10. From February 1999 to December 2001, Libya maintained a dual
exchange rate, with the official rate pegged to a Special
Drawing Right (SDR) at the rate of 1LD=.608 SDRs. State import
agencies effected transactions using the official rate. Since
2001, the Libyan Dinar has been unofficially pegged to the U.S.
Dollar (allowed to float within a specified band). With a 50%
devaluation of the official rate in 2002, the two rates were
effectively unified. A further 15% devaluation took place in
June of 2003. In June of the same year, Libya agreed to the
terms of IMF Article IV consultations, which called for, among
other things, advanced import requirements and an end to the 15%
exchange tax and subsidy.


11. Individuals with residence permits are permitted to hold
foreign currency in Libyan accounts. Non-residents working in
Libya may open domestic accounts in which to hold earnings.
Central Bank approval is required for all other credits to
non-resident accounts. Per-transaction withdrawals are limited
to 5,000 USD in cash and 10,000 USD in travelers' checks (Note:
Traveler's checks are not widely accepted in Libya. End Note).


12. The right to open an account in a convertible currency in a
Libyan commercial bank is provided for companies entering Libya
under Law No. 5. The Libyan Banking Law (Law No. 1 of 2005)
allows any Libyan person or entity to retain foreign exchange

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and conduct exchanges in that currency. Libyan commercial banks
are allowed to open accounts in foreign exchange and conduct
cash payments and transfers (including abroad) in foreign
currency. Commercial banks operating in Libya may grant credit
in foreign exchange and transact in foreign exchange among
themselves. Entities engaging in foreign exchange must be
licensed by the Central Bank. Foreign exchange facilities are
available at most large hotels and airports, and ATMs are
becoming more widely available. The importation of currency must
be declared at time of entry. It is illegal to import or export
Libyan Dinars in any quantity.


13. Most firms seeking to receive payment for services/products
in Libya operate using Letters of Credit (LOCs) facilitated
through foreign banks (often based in Europe). Foreign energy
companies remitting large sums often make arrangements for
direct transfers to accounts offshore. There have been reports
of difficulties arranging LOCs with Libyan entities, owing to a
range of institutional inefficiencies that slow the closure of
deals, causing them to collapse as prices rise and deadlines
slip.

EXPROPRIATION AND COMPENSATION


14. The Libyan government has a history of state expropriation
of private property, including the assets of foreign companies.
These actions were most prevalent during the 1980's, taken
largely for ideological reasons, and included the
nationalization of whole industries with the stated purpose of
greater wealth distribution among the population. These
activities appear to have fallen out of practice as a tool of
government policy, although regime rhetoric in early 2009
involving the possible nationalization of the oil sector in
light of falling world oil prices has brought the issue back to
the fore. In recent years, the Libyan government has taken
steps to expand the rights of Libyans to operate private
enterprises and buy and rent property.


15. Several high-profile expropriations made in the energy
sector have been resolved through a process of negotiations
between the government and the affected companies. With the
advent of a series of economic reforms and efforts at greater
transparency since 2004, the prospect for government
appropriation appears to be in decline. There have been other
instances of compensation by the state for expropriated
property, but figures related to the terms provided are not
available.


16. With the imposition of Law 443 of 2006, local ownership is
essentially enforced for most foreign entities seeking to do
business in Libya, as well as many established before the law
came into effect. While this law boosts the percentage of
foreign ownership when compared with previous regulations, it
requires that at least 35% of non-Libyan businesses be
controlled by Libyan individuals or companies. This law has made
competent Libyan partners in all sectors a highly valuable
commodity for foreign investors, providing ample fuel for
rent-seeking behavior in many sectors of the economy.

DISPUTE SETTLEMENT


17. The Libyan court system consists of three levels: the courts
of first instance, the courts of appeal (also known as the
courts of cassation); and the Supreme Court, which is the final
appellate level. The GPC appoints justices to the Supreme Court.
Special "revolutionary courts" may operate outside the court
system to try political offenses and crimes against the state.
"People's courts," another example of extrajudicial authority,
were abolished in January 2005. A decree providing for state
security courts was propagated in late 2007, and security courts
were established in spring 2008. Matters related to personal
law in Libya's justice system are nominally based on Sharia law.
Other issues, including the commercial code, are largely based
on Italian law, much of which dates to the 1950's.


18. Libya is not a signatory to the U.N. Convention on the
Recognition and Enforcement of Foreign Arbitral Awards (The "New
York Convention"). In the case of commercial disputes, most
foreign entities currently opt to try cases before the
International Chamber of Commerce, the judgments of which Libya
has a history of respecting.


19. The law governing agencies specifies cases in which a
contract may be terminated by either party. Otherwise, local
courts will rule on the legality of the termination and/or award

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compensation to the injured party. Contracts are only exclusive
if thus specified in the agency contract. Some agent-company
disputes have reportedly been settled through direct appeal on
the part of the foreign company to the General People's
Committee of Industry, Economy, and Trade. Given the relative
newness of the private sector, little precedent exists in this
area.

PERFORMANCE REQUIREMENTS AND INCENTIVES


20. Libya is not a member of the WTO. Libya's application was
received by the WTO on June 10, 2004. The General Council
established a Working Party on July 27, 2004, and Libya is in
the process of preparing its complete file for membership. Many
of Libya's key supporting documents are in Arabic; translating
these into correct, technically accurate English has been a
significant impediment, according to Libyan trade officials.


21. Under the terms of Investment Law No. 5 (1997),approved
projects receive a 5 year corporate income tax holiday (eligible
for possible 3 year extension),exemption from corporate taxes
and stamp tax on legal documents, exemption from customs duties
and taxes on imports on project materials (5 years),and
exemption from excise taxes for exported goods derived from the
project. These incentives are only available for projects
approved by the PIB for implementation under Law No. 5. They do
not apply for projects disapproved by the PIB, or to foreign and
domestic investors implementing projects outside of Law No. 5
(joint stock companies, Libyan agents, etc). Foreign firms and
individuals generally have a more difficult time than Libyan
nationals accessing credit from Libyan banks.


22. Offsets are often a part of large foreign investment deals,
particularly in the energy sector. "Corporate responsibility"
and local staff training programs are common requirements for
successful concession bids, and training programs in particular
are generally essential to win bids on most Libyan government
contracts. These programs can range from the training of a
handful of local staff up to multi-year programs exceeding US
$50 million for large energy companies. Also, some foreign firms
have moved beyond these measures to bankroll much larger
development projects. For example, following the October 2007
10-year extension of its holdings in Libya, Italian energy firm
ENI Spa announced that it had signed an MOU with the Qadhafi
Development Foundation to provide US $150 million for the
building of hospitals and schools, and for the preservation of
historical sites. Offsets of this type are very likely to remain
a part of the business landscape for the foreseeable future.


23. Regarding visa matters, current U.S. and Libya visa policies
are based on a framework of 'general reciprocity.' U.S. citizens
are usually issued single-entry visas, and frequently encounter
significant delays and complications in obtaining visas. Visas
must be obtained prior to travel to Libya; they require an
invitation or sponsor, and can take up to several months to
process. Residence permits are often difficult for foreign
workers to obtain, and usually require several trips in and out
of Libya. U.S. visitors to Libya should expect to wait weeks to
months for issuance. Libyan visa practice is subject to change
without notice, and can also be influenced by political factors.
For example, in November 2007, Libya re-implemented an existing
regulation requiring a stamped Arabic translation in all
passports. This requirement lacks clarity, is not applied in a
uniform fashion and was implemented without prior warning. In
December 2008, the Libyan Embassies in London and Paris began to
require that visa applicants appear in person and submit a
lengthy list of supporting documents. This requirement was also
imposed without prior notice, and was imposed worldwide in 2009.
In addition, political tensions between Libya and Canada in
2009 resulted in Libya's withholding of visa approvals for
Canadian citizens. In the summer of 2008, a member of the
Qadhafi family was arrested in Switzerland, and as a result,
Libya detained two Swiss businessmen for a year and later
charged them with visa violations (as well as tax charges). As
of January 2010, they still were not permitted to leave Libya
and their cases were going through the Libyan court system.
Further information on visas can be found in the
Country-Specific Information for Libya at the State Department
website:
http://travel.state.gov/travel/cis_pa_tw/cis/ cis_951.html.

RIGHT TO PRIVATE OWNERSHIP AND ESTABLISHMENT


24. Laws and regulations on investment and property ownership
allow domestic and foreign entities to establish business

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enterprises and engage in remunerative activities. However, the
regulatory and legal environment is complex, and there is a
systemic bias which favors government sector companies and
Libyan firms over foreign entities. Foreign companies have
several options for operating in Libya, including the
establishment of joint ventures/joint stock companies,
representative offices or to enter Libya under the terms of Law
No. 5. However, foreign investors are increasingly being
encouraged to form joint ventures with Libyan entities in
accordance with Law 443 of 2006. In practical terms, this has
restricted the terms of foreign entry into the market.


25. Since 2004, foreign nationals and companies are allowed to
lease property from private Libyan citizens. Rights to land
ownership are possible only for foreign companies entering Libya
under the terms of Law No. 5. There is considerable ambiguity in
both the public and private rental markets; many aspects of
these arrangements are left to local officials. Market
distortions exist for various supplies related to housing,
including industrial and construction supplies, and there is a
lack of transparency in the distribution of these materials. The
return of foreign companies and investors to Libya in 2003 has
fueled a rapid increase in the price of rental housing and
office space, and set off a construction boom. This has
generated additional pressures on prices and building materials.

PROTECTION OF PROPERTY RIGHTS


26. Libyan property rights are complicated by past government
policy actions and a weak regulatory environment. The Libyan
government eliminated all private property rights in March 1978,
and eliminated most private businesses later in the same year.
The renting of property was declared illegal, and ownership of
property was limited to a single dwelling per family, with all
other properties being redistributed. Reduced rate "mortgages"
were paid directly to the Libyan government, but many Libyans
were exempted from these payments based on family income. This
process, and the destruction of official property documents that
followed several years later, has greatly complicated subsequent
efforts to gain clear titles to property throughout Libya.


27. Trademark violations are widespread and violators are adept
at producing credible fakes. U.S. brands are at the present time
extremely vulnerable to such activity, for their presumed high
quality and Libya's lack of direct experience with the "real
thing." The entry of several U.S. firms (most often through
agents) has served to curtail some of the worst abuses related
to their product lines. The General Authority for Products
Control has established branches in seven Libyan cities, but
they are primarily focused on health and safety issues. The
Embassy has noted several cases in which foreign firms
successfully pursued claims against trademark infringements by
local (Libyan) companies.


28. While Libya is in the process of applying for entry to the
WTO, it is not currently a member, and thus is not a party to
the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS). The IMF has called upon Libya to bring its IPR
regime in line with international best practice, and the General
People's Committee for Industy, Economy and Trade is reportedly
making a renewed effort to deal with the problem, although clear
evidence of progress is not apparent.

TRANSPARENCY OF REGULATORY SYSTEM


29. The Libyan regulatory system is not transparent; the
function and responsibilities of Libya's myriad government
institutions are opaque and often contradictory. Transparency
International ranked Libya 130th out of 180 countries ("1"
indicating least corrupt) in its 2009 Corruption Perceptions
Index. Libya's legal and policy frameworks are similarly
difficult to navigate. The issuance of licenses and permits is
often delayed for significant periods for unspecified reasons,
and such applications often appear to be adjudicated in a
subjective fashion. The lack of transparency and clearly
delineated lines of decision-making within Libyan institutions
have fostered an environment in which graft and rent-seeking
behavior are common.


30. Accurate, current information on the Libyan market and key
commercial regulations is difficult to obtain. There are no
non-governmental organizations present in Libya to help
facilitate regulatory transparency.

EFFICIENT CAPITAL MARKETS AND PORTFOLIO INVESTMENT

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31. Libya's banking system is dominated by four banks, which are
owned in full or in the majority by the Libyan Central Bank
(Jamahiriya Bank, which merged with Umma Bank in 2008, Wahda
Bank, Sahara Bank, and the National Commercial Bank). These
banks constitute almost ninety percent of Libya's banking sector
assets. All of these banks have capital of at least 100 million
Libyan Dinars, and two of them (Wahda Bank and Sahara Bank),
were recently privatized. France's BNP Paribas acquired 19% of
Libya's Sahara Bank in July 2007, and took operational control
of the bank. The deal also included an option allowing BNP
Paribas to purchase additional shares of up to 51% of Sahara's
capital over the next three to five years. In November 2007,
five foreign banks were shortlisted for the privatization of
Wahda Bank, including French, Italian, Jordanian, Bahraini and
Moroccan institutions; the Arab Bank of Jordan was selected. The
Arab Bank of Jordan bid on a 19% share of Wahda Bank, with the
option to increase their ownership to 51% in three to five
years. The Central Bank announced in October 2007 that it would
merge Umma Bank and Jamahiriya Bank into a single entity; that
process was completed in 2008, although there are still branches
open under the banner of each bank. The Central Bank also owns
the Libyan Foreign Bank, which operates as an offshore bank,
with responsibility for satisfying
Libya's international banking needs (apart from foreign
investment). In addition, there are four specialized banks owned
by the General People's Committee for Finance: the Agricultural
Bank, Real Estate Investment Bank, Development Bank and Reefi
Bank. There are also four substantial private banks (Bank of
Commerce and Development, Amen Bank, Al-Jimaa al-Arabi Bank and
Wafa Bank) and forty-eight smaller regional banks.


32. The availability of financing on the local market is weak.
Libyan banks offer limited financial products, loans are often
made on the basis of personal connections (rather than business
plans),and public bank managers lack clear incentives to expand
their portfolios. Lack of financing acts as a brake on Libya's
development, hampering both the completion of existing projects
and the start of new ones. This has been particularly damaging
in the housing sector, where particularly small-scale projects
often languish for lack of steady funding streams.


33. The Libyan banking system is currently undergoing a
substantial modernization program to upgrade available
services/products, deal with large numbers of non-performing
loans, establish a functioning national payments system,
facilitate the use of non-cash payment instruments and institute
new standards of accounting and training. While foreign banks
are technically able to enter the Libyan market under the
Banking Law of 2005, the Central Bank has sought to delay their
entry until the reform process has taken hold.

COMPETITION FROM STATE OWNED ENTERPRISES


34. Private enterprises are allowed to compete with public
enterprises under the same terms and conditions with respect to
access to markets, credit, and other business operations.
However, since approximately 80 percent of the economy consists
of public sector entities, most large companies are
government-owned and therefore, are the only companies that have
the required capital to form joint ventures with foreign
partners. SOEs are active in all sectors in Libya and
especially in the Energy, Telecommunications, and Construction
sectors.


35. In terms of corporate governance, most state-owned
enterprises (SOEs) have a ten-member board of directors. The
company's senior management reports to this board, which in turn
reports to a government Minister (called a Secretary in Libya).
In reality, most important decisions are made by the high-level
government officials who instruct the senior management.


36. Libya has a sovereign wealth fund (SWF),known as the Libyan
Investment Authority (LIA),which was established in 2007. The
LIA is ultimately overseen by the prime minister, with an
11-member board of trustees. According to the International
Monetary Fund (IMF),the LIA invests mostly abroad although some
of its investments are being channeled to the domestic Libyan
oil sector and to the Libyan Development and Investment Fund
(which has holdings of 16 billion Libyan dinars or approximately
US $13 billion). This fund was established in March 2009 in
partnership with the Central Bank of Libya and the private
sector.


37. Neither state-owned enterprises (SOEs) nor Libya's sovereign

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wealth fund (LIA) are required by law to publish an annual
report. The practice, however, is for SOEs to produce financial
statements but not to have them independently audited. These
companies primarily undergo internal audits and are not reviewed
by independent, third-party auditors.

CORPORATE SOCIAL RESPONSIBILITY


38. While the term "Corporate Social Responsibility" is not
well-known in Libya, the general concept of companies helping
local charities and members of the community in need does exist.
For example, one state-owned enterprise provides office space
to an organization that assists children in need of cancer
treatment. Many foreign companies have programs with
communities and officials to address needs in healthcare, road
safety, and education. While most firms follow generally
accepted CSR principles, the extent to which they follow the
OECD Guidelines for Multinational Enterprises is unknown. Firms
who pursue CSR are viewed favorably by the general public and by
officials. As noted above, elements of "Corporate Social
Responsibility" and local staff training programs are common
requirements for successful bids in the energy and construction
sectors.

POLITICAL VIOLENCE


39. Libya has experienced political violence. In December 2008,
demonstrators threw rocks at the Egyptian Embassy in protest of
Egypt's policies in connection with events in the Gaza Strip.
The Mauritanian Embassy was also targeted. Protests in the city
of Benghazi in response to the publication of cartoons depicting
the Prophet Muhammad in a Danish magazine on February 17, 2006,
resulted in the deaths of at least ten people and severe damage
to the Italian consulate and a number of businesses. U.S.
interests in Libya have not been targets of political violence
since the reestablishment of diplomatic ties in late 2003.
Peaceful demonstrations, small and large, do occur periodically.


40. The Government of Libya takes active measures to maintain
public security, and to prevent terrorist attacks. Recent
worldwide terrorist alerts have stated that extremist groups
continue to plan terrorist attacks against U.S. interests in the
Middle East region, including Libya. Visitors to Libya should
consult the Department of State's latest travel information on
Libya and the region at:
http://travel.state.gov/travel/cis_pa_tw/cis_ pa_tw_1168.html.

CORRUPTION


41. Despite high-profile campaigns designed to draw attention to
the issue, corruption remains widespread in Libya. It frequently
takes the form of openly solicited or thinly veiled requests for
valueless intermediation (i.e., rent seeking) or outright
payoffs. This could include approvals for basic bureaucratic
processes, such as required permits and services provided only
by the government. Given the state of bureaucratic inefficiency
and low salaries for government employees in Libya, these types
of transactions are generally viewed as a necessary part of
doing business by local operators. Moreover, there is a general
public perception that such interventions are essential to
ensure the best pricing, service, etc. This tendency serves to
reinforce the importance of personal connections and insider
knowledge in the conduct of day-to-day business operations.


42. While there are quasi-governmental organizations in Libya,
non-governmental organizations (NGOs) do not exist in practice.
There are no international, regional or NGO "watchdog"
organizations present in Libya. Several websites critical of
government corruption are operated by Libyan opposition groups
located outside of the country. Libya is a signatory to the UN
Convention Against Corruption (UNCAC),but there has been little
evidence of its implementation.


43. The government has established the "Administration and
Oversight Board" as the responsible Libyan agency for the
oversight of government activities for the prevention of corrupt
practices. There has also been a public push for transparency on
the part of high-ranking government officials. A series of
speeches by Muammar al-Qadhafi during late 2006 set out a
four-month window for all officials occupying senior government
positions to declare all of their earnings and assets or risk
unspecified punitive action by the state. In January 2007 this
deadline was extended for several months, and there were reports
of arrests of leading businessmen on allegations of corrupt
practices. Out of 4,600 files of senior government officials

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that were reviewed, 150 were suspected of corruption, and out of
those, 20 were referred to the courts for judicial action.
However, there was no clarity as to whether these actions were
directly related to Qadhafi's ultimatum. The Libyan leader and
his son, Saif al-Islam al-Qadhafi, did address corruption in
broad terms in a number of other public remarks made in 2007 and
2008, and called for greater accountability.

BILATERAL INVESTMENT AGREEMENTS


44. There are no bilateral investment agreements in force
between the U.S. and Libya. USTR and Libya are negotiating a
Trade and Investment Framework Agreement (TIFA) which is
expected to be finalized and signed in 2010. Libya has also
stated its interest in concluding a treaty for the avoidance of
double taxation with the U.S.


45. Libya has concluded a number of bilateral economic
cooperation agreements with EU member states, and with Turkey,
Tunisia, Kenya, Singapore and others. The terms of these
agreements vary, ranging from MOUs with no binding aspects to
more substantial agreements that grant "most favored nation"
trade benefits, joint investment funds, and the abolishment of
visas for Libyans and the other country. Libya has concluded a
number of tax treaties, including a new agreement with the UK in
late 2007.


46. Libya is a member of the 1989 Arab Maghreb Union (AMU)
linking Tunisia, Algeria, Morocco, Mauritania, and Libya. The
AMU's stated objectives include the encouragement of free
movement of goods and people, revision and simplification of
customs regulations, and movement towards a common currency.
Nominally, AMU mandates duty-free trade among its members.
Disputes between AMU members have prevented significant progress
within the group. Libya is also a founding member of the
Community of Sahel-Saharan States (CEN-SAD). CEN-SAD's
Secretariat and the CEN-SAD Bank for Investment and Trade are
both headquartered in Tripoli. CEN-SAD is dedicated to creating
an economic union among its 23 member states, although it has
not made great progress toward this goal. Citizens of CEN-SAD
member countries are afforded the use of dedicated immigration
stalls upon arrival at Libya's major airports.


47. Libya is a part of the Greater Arab Free Trade Area (GAFTA,
also called PAFTA, Pan Arab Free Trade Agreement) and the
Euro-Med Partnership (EMP),also known as the "Barcelona
Process," a dialogue between the European Union and 12
Mediterranean countries. The Barcelona Declaration of November
27, 1995 outlined goals of reducing political instability and
increasing commercial integration. In 1999, 27 EMP partners
agreed to admit Libya contingent on Libya's accepting the
Barcelona acquis. In February 2004, Libya announced its
intention to join the Barcelona process in full, but no formal
Libyan request has been made to date.

OPIC AND OTHER INVESTMENT INSURANCE PROGRAMS


48. President Bush waived bans on Export-Import Bank activities
in Libya on February 28, 2006, and EXIM has conducted two visits
to Libya since that time. EXIM offers financing assistance to US
export projects with Libyan government-owned entities in three
areas: the aviation sector, project finance (requiring
predictability and hard revenue streams),and projects backed by
the full faith and credit of the Libyan government (i.e., a
"sovereign guarantee") for loan repayment.


49. OPIC does not as yet offer financing or guarantees for U.S.
business activity in Libya. A senior-level OPIC delegation
visited Libya in 2005 to discuss with Libyan authorities a
proposed bilateral agreement, and the
Deputy Foreign Minister met with OPIC officials in Washington,
DC in 2007 to discuss the issue further.

LABOR


50. While official figures put the unemployment rate at 13%,
unofficial estimates place the real rate at 30 to 40%. Libya's
labor force numbers about 1.3 million persons, roughly 31% of
whom work in industry, 27% in services, 24% in government and
18% in agriculture. Despite laws prohibiting moonlighting by
civil service employees, many government functionaries hold
multiple jobs. The majority of Libyan women hold some form of
employment outside the home. Libyan labor law stipulates minimum
wage, working hours, night shift regulations, dismissal and
training. Laws governing dismissal are reasonably strict, and

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favor the employee.


51. Foreign workers make up a significant percentage of the
Libyan labor pool, particularly in the service industries and
manual labor jobs. During the 1980's, the Libyan government
increased pressure on foreign workers and contractors, which it
saw as consuming valuable foreign exchange and contributing to a
growing unemployment problem. In 1983, 560,000 foreigners worked
in Libya; by 1986, the number dropped to less than 200,000. As
oil revenues rebounded in the early 1990's and Libya increased
its profile on the African continent, al-Qadhafi announced an
"open borders" policy, prompting a massive influx of
work-seekers from Chad, Ghana, Niger, and other Sub-Saharan
African states. Unable to find work in Libya, many of these
immigrants have continued northward and have contributed to the
economic migrant problem in Southern Europe. Migrants from Egypt
also make up a sizable portion of Libya's informal labor force.
With mounting pressure from the EU, and rising unemployment at
home, Libya has in the past resorted to deportation. In early
2007, officials announced a series of measures to reduce the
presence of illegal workers in Libya. In late 2007, the Egyptian
border was temporarily closed to migratory workers. The
Secretary of the GPC for Manpower, Employment and Training has
called on all Libyan and foreign employers to ensure the
legality of their employees under Labor Law No. 58, including
the warning that failure to do so will result in punishment
ranging from fines, to withdrawal of work permits, to
imprisonment.


52. Law No. 15, passed in 1981, capped government salaries at
between 150 and 500 Libyan Dinars (LD) per month, depending on
grade. There had been no cost of living adjustment from that
date until 2006, when several changes were instituted to raise
minimum salaries in the public and private sectors. GPC Decision
No. 277 of 2006 established basic government salaries at the
following levels: 130 dinars for persons without dependents, 180
dinars for families with two members, and 220 dinars for a
family of three of more members. Additional GPC Decisions during
2007 raised minimum salaries for other categories of employees,
including those with advanced degrees and technical skills and
corporations not financed by the central government, and removed
a pay cap in place for many types of work outside of the public
sector. There were also targeted pay raises for, inter alia,
Libyan employees of state energy companies, healthcare workers
and teachers.


53. Independent trade unions and professional associations are
illegal in Libya. While workers do not have the right to form
unions, they are allowed to participate in an organization
called the National Trade Unions' Federation, created in 1972.
Collective bargaining does not exist in any meaningful sense, as
labor law requires government approval for all related actions.


54. Unemployment is a major policy concern for the Libyan
government, particularly in light of an expected increase in the
pace of privatization, which would inevitably release large
numbers of state-salaried employees into the market. In
addition, 78,000 students graduate from Libya's state-run
universities and enter the labor market each year. Proposals
have been discussed for the creation of mechanisms such as an
early retirement fund, vast re-tooling/re-training programs, and
the creation of some form of social safety net. There have been
some government actions to provide shares in public and private
companies to "those Libyans deprived of wealth," as well as the
announcement by Saif al-Islam al-Qadhafi of the institution of
government-funded savings accounts for Libyans born after August

2007. Also, in January 2007, the GPC coupled its announcement of
the liquidation of 400,000 Libyan government positions over a
three-year period with news that the incumbents could either
draw their regular salary or take a US $43,000 loan designed to
finance start-up costs of a small business.


55. The government directly intervenes in the hiring practices
of foreign companies operating in Libya. For example, a 2006
decree ordered that all foreign oil companies must hire a Libyan
national Deputy County Manager and Finance Manager. In August
2009, the government decreed that all foreign branch companies
must hire Libyan general managers, but the government has
inconsistently applied the rule. The National Oil Corporation
also regularly assigns both qualified and unqualified Libyan
workers to foreign energy companies. Foreign companies have
generally responded to the imposition of unqualified workers in
one of two ways: paying these individuals without expecting them
to work, or undertaking an extensive training program to bring
them up to a basic industry standard. Companies also receive

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lists of unemployed workers from the General People's Committee
for Manpower and are requested to voluntarily find positions for
them.

FOREIGN TRADE ZONE/FREE TRADE ZONES


56. Misurata, 210 km east of Tripoli, is the location of Libya's
sole operating Free Trade Zone (FTZ). Projects in the free zone
enjoy standard "Five Freedoms" privileges, including tax and
customs exemptions. At present, the zone occupies 430 hectares,
including a portion of the Port of Misurata. As of the end of
2008, the infrastructure for the free zone was still under
development. Dubai's Jafza International signed an agreement
with the Misurata FTZ Authority in October 2007 which commits
both sides to explore the possibility of forming a joint
venture, or granting Jafza a 30-year concession of over the FTZ.
Later in the same month, Libya's General People's Committee
announced plans to allocate roughly US $700 million to upgrade
the free zone's facilities.

FOREIGN DIRECT INVESTMENT STATISTICS


57. Reliable foreign direct investment statistics for Libya are
currently unavailable. Foreign energy companies have invested
billions of dollars in the Libyan oil and gas sectors since the
lifting of UN sanctions in 2003 and U.S. sanctions the following
year. Libya has announced vast new development projects,
including plans that it would spend 150 billion dinars ($123.4
billion) on public works over the next five years. The Libyan
government has embarked on an ambitious plan to upgrade its
infrastructure, and construction is underway to build new roads,
airports, railroads, and housing.
CRETZ