![Keep Us Strong](../../../static/gfx/ja-cg.jpg)
![WikiLeaks logo](../../../static/gfx/WL_Hour_Glass_small.png)
Currently released so far... 3954 / 251,287
Articles
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Amsterdam
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Casablanca
Consulate Cape Town
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kigali
Embassy Khartoum
Embassy Kampala
Embassy Kabul
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lagos
Mission USNATO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Maputo
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Montreal
Consulate Monterrey
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate Shenyang
Consulate Shanghai
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
USUN New York
USEU Brussels
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Browse by tag
AF
AM
AE
AG
AR
ASEC
AS
AU
AORC
AJ
AMGT
AGMT
AFIN
APER
ABUD
ATRN
AEMR
ACOA
AEC
AO
AX
AMED
ADCO
AODE
AFFAIRS
AC
AL
ASIG
ABLD
AA
AFU
ASUP
AROC
ATFN
CH
CE
CA
CASC
CU
CLINTON
CO
CI
CVIS
CDG
CIA
CACM
CDB
CS
CBW
CD
CV
CMGT
CJAN
CG
CF
CN
CAN
COUNTER
CIS
CM
CONDOLEEZZA
COE
CR
CY
CTM
COUNTRY
CLEARANCE
CPAS
CWC
CT
CKGR
CB
CACS
COM
CJUS
CARSON
COUNTERTERRORISM
EUN
EG
EAID
ENRG
ETTC
EFIN
ECON
ETRD
EPET
EINV
EMIN
ECIP
ECPS
EINDETRD
EAGR
EU
EN
EZ
ELAB
ER
ET
ES
EUC
EI
EAIR
EIND
EWWT
ELTN
EREL
ECIN
EFIS
EINT
EC
ENVR
ECA
EXTERNAL
EINVETC
ENIV
EINN
ENGR
EUR
ESA
ENERG
EK
ELECTIONS
ECUN
EINVEFIN
IR
IS
IZ
INRB
IAEA
IN
IT
ID
IO
IV
ICTY
IQ
ICAO
INTERPOL
IPR
IRAJ
INRA
INRO
IC
IIP
ITPHUM
IWC
ISRAELI
IRAQI
ICRC
IMO
IF
ILC
IEFIN
INTELSAT
IL
IA
IBRD
IMF
ITALY
ITALIAN
KCOR
KDEM
KNNP
KU
KWBG
KPAL
KN
KS
KZ
KAWK
KISL
KPAO
KCRM
KJUS
KSEC
KIPR
KGHG
KIFR
KTFN
KDRG
KV
KSUM
KWAC
KAWC
KDEMAF
KFIN
KGIC
KTIP
KOMC
KHLS
KSPR
KGCC
KPIN
KG
KBIO
KHIV
KSCA
KE
KFRD
KPKO
KNUC
KMDR
KPLS
KOLY
KUNR
KIRF
KIRC
KACT
KRAD
KCOM
KMCA
KHDP
KVPR
KDEV
KWMN
KTIA
KPRP
KCIP
KCFE
KOCI
KTDB
KMRS
KLIG
KBCT
KICC
KGIT
KSTC
KPAK
KNEI
KSEP
KPOA
KFLU
KNUP
KNNPMNUC
KO
KTER
KHUM
KRFD
KBTR
KDDG
KWWMN
KFLO
KSAF
KBTS
KPRV
KMPI
KNPP
KNAR
KWMM
KERG
KTBT
KCRS
KRVC
KR
KPWR
KMIG
MOPS
MZ
MO
MNUC
MASS
MARR
MY
MEPP
MCAP
MA
MR
ML
MX
MIL
MTCRE
MPOS
MOPPS
MTCR
MAPP
MU
MG
MASC
MCC
MK
MTRE
MP
MDC
MAR
MEPI
MRCRE
MI
MT
MQADHAFI
MD
MAPS
MUCN
PREL
PTER
PGOV
PO
PHUM
PINS
PARM
PK
PINR
PINT
PBTS
PROP
PE
PL
PREF
POGOV
PINL
POL
PBIO
PSOE
PHSA
PKFK
PGOF
PARMS
PA
PM
PMIL
PTERE
PF
PALESTINIAN
PY
PGGV
PNR
POV
PAK
PAO
PFOR
PHALANAGE
PARTY
PNAT
PROV
PEL
PGOVE
POLINT
POLITICS
PEPR
PSI
PU
POLITICAL
PARTIES
PECON
SNAR
SA
SY
SOCI
STEINBERG
SP
SENV
SCUL
SF
SO
SR
SG
SW
SU
SL
SMIG
SN
SHUM
SZ
SYR
ST
SANC
SC
SAN
SIPRS
SK
SH
SI
UNSC
UP
UK
USEU
UG
UNMIK
UV
UZ
UY
UN
US
UNGA
UNO
USUN
UE
UNESCO
UAE
UNEP
USTR
UNHCR
UNDP
UNHRC
USAID
UNCHS
UNAUS
Browse by classification
Community resources
courage is contagious
Viewing cable 09TRIPOLI413,
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09TRIPOLI413.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09TRIPOLI413 | 2009-05-21 08:08 | 2011-01-31 21:09 | CONFIDENTIAL | Embassy Tripoli |
VZCZCXRO9691
PP RUEHBC RUEHDE RUEHDH RUEHKUK RUEHROV
DE RUEHTRO #0413/01 1410807
ZNY CCCCC ZZH
P 210807Z MAY 09
FM AMEMBASSY TRIPOLI
TO RUEHC/SECSTATE WASHDC PRIORITY 4845
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHEHAAA/NSC WASHINGTON DC
RUEHHH/OPEC COLLECTIVE
RUEHTRO/AMEMBASSY TRIPOLI 5375
C O N F I D E N T I A L SECTION 01 OF 03 TRIPOLI 000413
SIPDIS
STATE FOR NEA/MAG AND L (SCHWARTZ); COMMERCE FOR NATE MASON;
ENERGY FOR GINA
ERICKSON; CAIRO FOR ALEX SEVERENS; PARIS AND LONDON FOR NEA
WATCHERS
E.O. 12958: DECL: 5/19/2019 TAGS: PGOV PREL ECON EFIN EPET EINV KCOR LY QA
¶1. (C) Summary: Libya's National Oil Company (NOC) recently convoked the major international oil companies (IOCs) in Libya and presented a new law establishing a fund for charitable contributions. While the stated purpose of the law is to gather contributions to support charitable, social and humanitarian aid programs, NOC officials - including Chairman Shukri Ghanem - openly conceded that the new law was the government's latest attempt to prompt IOCs to make "voluntary" contributions to the fund established under the U.S.-Libya Comprehensive Claims Compensation Agreement, which is to compensate victims of terrorism and their families. Citing concerns about potential violations of the Foreign Corrupt Practices Act (FCPA), IOC heads here told the Ambassador and emboffs they do not plan to make any contributions to the new fund. IOCs in Libya are already obligated under the terms of their contracts to spend a certain amount on social programs and have initiated programs to fight diabetes (a growing problem in Libya), and promote road safety. End summary.
LIBYAN NATIONAL OIL COMPANY CALLS INTERNATIONAL OIL COMPANIES TO CARPET
¶2. (C) On May 4, the National Oil Company (NOC) convoked the Libyan deputy managers of IOCs to a presention on a new law establishing a charitable contribution fund (Decision number 148-2009). (Note: In Libya, the deputies of IOCs must be Libyan nationals. End note). The stated purpose of the law is to gather donations to support charitable, social and humanitarian aid programs. The fund would manage and monitor charity contributions coming from all foreign companies and would encourage them to contribute grants, donations, and support to the fund. The fund is to be managed by a Management Committee comprised of a General Manager and four members nominated by the General People's Committee (cabinet-equivalent). In addition to "voluntary" contributions, 40 per cent of environmental fines paid by foreign companies, including oil companies, would go into the fund.
NEW "CHARITY FUND" A THINLY-VEILED VERSION OF OLD CLAIMS COMPENSATION FUND
¶3. (C) The NOC officials chairing the meeting admitted the law was the government's latest attempt to spur the IOCs to make "voluntary" contributions to the fund created under the U.S.-Libya Comprehensive Claims Compensation Agreement (see refs A and B). The deputy managers were told their companies would get 'better treatment' if they made early contributions to the charity fund. In discussing potential consequences if they declined to make such contributions, it was suggested that the companies could be fined for infringing Libya's environmental laws, or their employees could be stopped by police for (alleged) traffic infractions. (Note: The latter is a common practice here. Police frequently stop vehicles with foreign commerical license plates and fine their drivers on the spot. End note.) Since the meeting, the major IOCs have remained resolute and have not contributed to either the old compensation fund or the new charity fund. There are persistent rumors, however, that Gazprom and a few small oil services companies have contributed to the compensation fund and possibly to the new charity fund as well. (Note: Gazprom Chairman Alexei Miller announced publicly earlier this week that Gazprom expected to conclude an agreement with the NOC in the near future to develop a large gas field. End note.)
SHUKHRI GHANEM TO MARATHON: BE A "GOOD NEIGHBOR" AND GIVE TO THE NEW FUND
¶4. (C) In a recent meeting, xxxxxxxxxxxx admitted xxxxxxxxxxxx that the GOL had simply renamed the old compensation fund and presented it as a charity fund. Noting that neither the Libyan government nor the USG had wanted to contribute to the fund, he said it had become apparent that IOCs were not inclined to contribute to it, either. He blamed the refusal of American companies to pay for the reluctance of other IOCs to contribute. xxxxxxxxxxxx explained that the new charity fund would give companies an opportunity to show they are "good neighbors" by supporting charitable, social and humanitarian aid programs. The issue of IOCs contributing to the fund had been elevated to the highest levels and went beyond just the NOC, he said, in an implicit reference to Leader Muammar al-Qadhafi. Separately, senior xxxxxxxxxxxx executives and a Libyan contact with excellent ties to xxxxxxxxxxxx recently told Emboffs that xxxxxxxxxxxx and the NOC were TRIPOLI 00000413 002.2 OF 003 under pressure from Muammar al-Qadhafi and Prime Minister al-Baghdad al-Mahmoudi. (Note: The latter was tasked immediately after finalization of the U.S.-Libya Comprehensive Claims Compensation Agreement with "accreting" contributions to the fund for victims of terrorism. End note.) xxxxxxxxxxxx
¶5. (C) xxxxxxxxxxxx told the Ambassador his company did not see any way it could participate in the new fund since its lawyers assessed that contributions could violate the Foreign Corrupt Practises Act (FCPA). xxxxxxxxxxxx was worried that if they contributed to the fund this time, it would establish a dangerous precedent for further solicitations in Libya and elsewhere. (Note: Post read with interest ref C, which suggests the Qataris and Libyans may be using the same play book. End note.) The Oasis Group (also known by its Arabic name as the Waha Group), which includes Marathon, Amerada Hess, and ConocoPhillips, already paid Libya USD 1.8 billion in signing bonuses to re-enter Libya. The request for additional payment to the charity fund is not something xxxxxxxxxxxx is in a position to do. According to xxxxxxxxxxxx, the company is strongly committed to fulfilling its corporate social responsibility obligations, but is unwilling to simply hand out cash to a less-than-transparent charity fund. Some provisions in the new law call for using the fines paid by companies for breaching environmental codes to fund sustainable development programs. Contacts at xxxxxxxxxxxx said this would not affect xxxxxxxxxxxx or its xxxxxxxxxxxx since they are only investors (vice operating companies). In addition, xxxxxxxxxxxx's operations are xxxxxxxxxxxx and therefore less prone to environmental infractions.
THE VIEW FROM OTHER IOCS
¶6. (C) xxxxxxxxxxxx agreed that the new fund is simply a new name for the old compensation claims fund. He noted xxxxxxxxxxxx is already devoting resources to social programs in Libya, including a diabetes awareness and treatment project with experts affiliated with Harvard University. To require the company to "voluntarily" pay into a new fund would be a non-starter for xxxxxxxxxxxx. xxxxxxxxxxxx wondered why the government did not simply levy a new tax on the IOCs rather than create the new fund. While the companies would not have liked this, it would have simplified collecting the funds and provided a more tenable approach with respect to FCPA issues. xxxxxxxxxxxx told the Ambassador he was concerned by the NOC's decision to convoke Libyan national deputy GM's, an approach he viewed as "targeting" Libyan colleagues in the belief that they would be more susceptible to strong-arm tactics. (Note: He personally assessed that his locally-engaged staff were even more loyal to the IOCs than the expatriate staff. End note.) He noted that the NOC typically convoked expatriate general managers. Even though xxxxxxxxxxxx in Libya was not directly impacted by the Lockerbie compensation issue, xxxxxxxxxxxx agreed the IOCs needed to "hold rank" and not succumb to pressure to pay into the new fund. As xxxxxxxxxxxx is only involved in xxxxxxxxxxxx xxxxxxxxxxxx, its susceptibility to potential environmental fines is also slight. He noted xxxxxxxxxxxx is already supporting several social programs in Libya. They are proud of their road safety program and believe this program could be partly credited with the government's recently-enacted requirement that drivers wear seat-belts not only on highways but also within Tripoli. xxxxxxxxxxxx Payments into the new fund would be very difficult to justify to xxxxxxxxxxxx shareholders and lawyers, who are concerned with the bottom line and FCPA issues, respectively.
¶7. (C) Comment: Efforts to solicit contributions under the new law reflect the intense pressure xxxxxxxxxxxx the NOC are under from the most senior levels - likely including Muammar al-Qadhafi himself- to generate money for the claims compensation fund. If the law for the new charity fund had been rolled out a few months from now and had not been blatantly connected to the compensation fund, IOCs may have been able to seriously consider contributing. In addition to the fact that the NOC didn't bother to try to maintain the fiction that the new fund was different from the claims compensation fund, slumping oil prices, the global recession and disappointment with meager oil and gas discoveries in Libya by IOCs to date make it difficult to impossible for IOCs to seriously entertain TRIPOLI 00000413 003.2 OF 003 this latest demand. End comment. CRETZ