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Reference ID | Subject | Created | Released | Classification | Origin
--- | --- | --- | --- | --- | ---
04THEHAGUE281 |  | 2004-02-04 | 2011-02-02 | CONFIDENTIAL | Embassy The Hague
06THEHAGUE210 | NETHERLANDS/ISAF: TURNING THE CORNER | 2006-01-31 | 2011-02-02 | CONFIDENTIAL | Embassy The Hague
06THEHAGUE2639 | NETHERLANDS: STILL STRUGGLING WITH SREBRENICA | 2006-12-19 | 2011-02-02 | CONFIDENTIAL | Embassy The Hague
09BRUSSELS854 | JUNE GAERC - GUANTANAMO, IRELAND, THE MIDDLE EAST, | 2009-06-19 | 2011-02-02 | CONFIDENTIAL | USEU Brussels
07MOSCOW1704 | RUSSIAN SCIEN... | 2007-04-14 | 2011-02-02 | CONFIDENTIAL | Embassy Moscow
08MOSCOW2759 |  | 2008-09-12 | 2011-02-02 | SECRET | Embassy Moscow
07SOFIA1271 | STRATEGY TO SHAPE BULGARIA'S MILITARY MODERNIZATION | 2007-10-29 | 2011-02-01 | SECRET | Embassy Sofia
07TBILISI2862 | MEETINGS WITH GEORGIAN OFFICIALS ON PREVENTING | 2007-11-19 | 2011-02-01 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Tbilisi
07LONDON4311 | POSSIBLE NUCLEAR SMUGGLING INCIDENT/OFFER OF | 2007-11-21 | 2011-02-01 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy London
07BRATISLAVA630 | NUCLEAR SMUGGLING INCIDENT AT PRIBENIK, SLOVAKIA REF: 06 STATE 163201 Classified By: Lawrence R. Silverman, Deputy Chief of Mission, for reason 1.4 (b) and (d) | 2007-11-29 | 2011-02-01 | CONFIDENTIAL | Embassy Bratislava
07BRATISLAVA648 | UPDATE ON NUCLEAR SMUGGLING INCIDENT AT PRIBENIK, SLOVAKIA REF: A. 06 STATE 163201 B. BRATISLAVA 00630 Classified By: Lawrence R. Silverman, Deputy Chief of Mission, reason 1 .4(b) and (d) | 2007-12-06 | 2011-02-01 | SECRET | Embassy Bratislava
07YEREVAN1420 | NUCLEAR SMUGGLING OUTREACH INITIATIVE: INITIAL | 2007-12-13 | 2011-02-01 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Yerevan
08ISLAMABAD164 | CODEL LIEBERMAN'S MEETING WITH PAKISTAN COAS KAYANI | 2008-01-11 | 2011-02-01 | CONFIDENTIAL | Embassy Islamabad
08ASTANA54 |  | 2008-01-11 | 2011-02-01 | UNCLASSIFIED | Embassy Astana
08BERLIN210 | AUSTRALIA GROUP: GERMANY WELCOMES U.S. INPUT ON | 2008-02-20 | 2011-02-01 | SECRET | Embassy Berlin
08THEHAGUE173 | NETHERLANDS/AUSTRALIA GROUP: PLENARY INFO EXCHANGE | 2008-02-25 | 2011-02-01 | SECRET | Embassy The Hague
08CANBERRA198 | AUSTRALIA GROUP: PLENARY INFORMATION EXCHANGE AND | 2008-02-27 | 2011-02-01 | CONFIDENTIAL | Embassy Canberra
08ROME274 | AUSTRALIA GROUP: ITALIAN PARTICIPATION IN PLENARY | 2008-03-05 | 2011-02-01 | CONFIDENTIAL | Embassy Rome
08BEIJING1263 | S) SHIELD S06-08/S18-05/S26-06: CHINA URGED TO | 2008-04-03 | 2011-02-01 | SECRET | Embassy Beijing
08BEIJING1373 | S) M/V IRAN TEYFOURI: PRC SAYS INVESTIGATION | 2008-04-11 | 2011-02-01 | SECRET | Embassy Beijing
08KYIV768 | UKRAINE: UNODC Nuclear Legislation Workshop - A Model for | 2008-04-16 | 2011-02-01 | UNCLASSIFIED | Embassy Kyiv
08PARIS735 | AUSTRALIA GROUP: 2008 INFORMATION EXCHANGE (IE) | 2008-04-17 | 2011-02-01 | SECRET | Embassy Paris
08PARIS750 | AUSTRALIA GROUP: PLENARY MEETING, PARIS, APRIL 14-18, 2008 REF: A. 07 MOSCOW 5535 B. 07 PARIS 2593 Classified By: ESTH/NP COUNSELOR ROBERT W. DRY FOR REASONS 1.4 (B), (D), (E), and (H). -------------------- SUMMARY AND OVERVIEW -------------------- | 2008-04-18 | 2011-02-01 | SECRET | Embassy Paris
08TRIPOLI402 | POLITICAL-ECONOMIC REFORM, JAMAHIRIYA-STYLE | 2008-05-16 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI411 | EMBASSY DENIED ACCESS TO DETAINED HUMAN RIGHTS ACTIVIST | 2008-05-22 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08NEWDELHI1489 | NARAYANAN URGES BETTER BILATERAL UNDERSTANDING ON | 2008-06-02 | 2011-02-01 | CONFIDENTIAL | Embassy New Delhi
08TRIPOLI430 | DIE HARD IN DERNA | 2008-06-02 | 2011-02-01 | CONFIDENTIAL//NOFORN | Embassy Tripoli
08ISLAMABAD2051 | CODELS LEVIN AND CASEY DISCUSS BORDER SECURITY AND AID WITH PM GILANI | 2008-06-05 | 2011-02-01 | CONFIDENTIAL | Embassy Islamabad
08TRIPOLI442 | MEETING OF AMU HEADS OF STATE - MINUS ONE - IN TRIPOLI; | 2008-06-09 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08MOSCOW1647 | SCENESETTER FOR COUNTERTERRORISM WORKING GROUP | 2008-06-10 | 2011-02-01 | SECRET | Embassy Moscow
08TRIPOLI453 | QADHAFI AND ASAD | 2008-06-11 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI455 | LIBYA: MEETING WITH RETURNED GTMO DETAINEES UNDER USG-GOL TRANSFER FRAMEWORK MOU REF: A) STATE 14270, B) 07 TRIPOLI 1060, C) 07 STATE 163961, D) 07 TRIPOLI 723, E) 07 STATE 77783, F) 07 STATE 163961 CLASSIFIED BY: Chris Stevens, CDA, U.S. Embassy - Tripoli, Dept of State. REASON: 1.4 (b), (c), (d) 1. (S/NF) Summary: Post visited two returned Guantanamo detainees to confirm their welfare and whereabouts, and the legal basis on which they are being detained in Libya. One detainee's trial has been completed and he is awaiting a verdict on the four charges he faces; the case of the second detainee is expected to go to trial in the next two to three months. End summary. 2. (S/NF) At a June 10 meeting, P/E Chief interviewed separately returned Guantanamo detainees Muhammad Abdallah Mansur al-Rimi (AKA Abdul Salam Abdul Omar Sufrani, ISN 194) and Ben Qumu Abu Sufian Ibrahim Ahmed Hamouda (ISN 557) per ref A instructions. The meeting took place at a GOL security service facility in Tripoli, and was attended by a host government security official. The last visit to the two returned detainees took place on December 25, 2007 (ref B). ISN 194 3. (S/NF) Al-Rimi (ISN 194), who was returned to Libya in December 2006, said he had been detained at an External Security Organization (ESO) detention facility between December 2006 and June 2007, when he was transferred to the Abu Salim prison, located in the Tripoli suburbs. The security official explained that the Abu Salim prison is controlled and managed by military police; it is the facility at which terrorists, extremists and other individuals deemed to be particularly dangerous to state security are detained. Al-Rimi said he remains in solitary detention in a 15 foot by 15 foot cell and has not been mistreated. He is able to walk outside regularly, and is able to speak with other prisoners during exercise periods. He is provided with drinking water, tea and three meals a day. He does not have access to books, radio or television. He has access to medications and has been visited by a prison doctor on the occasions when he has been ill. Al-Rimi stated that members of his family have visited him three times since his return to Libya, most recently in March 2008. (Note: As reported ref D, their previous visits were in January and May 2007. End note.) 4. (S/NF) Asked about the condition of his arm and his teeth, about which he had previously complained (ref D), al-Rimi said both were better. He repeated his earlier claim (ref A) that he sustained the injury to his arm in 2004 or 2005 during a scuffle with U.S. soldiers who entered his cell to punish him for allegedly instigating a disturbance among several other prisoners. 5. (S/NF) Asked for his understanding of the legal basis on which he is being held and the status/schedule of any legal proceedings against him, al-Rimi said he was questioned by the ESO and Internal Security Organization (ISO) officials between his return in December 2006 and February 2008, when his case was transferred to the Prosecutor General's office. His case has subsequently been been tried and is currently with a panel of judges, who are reviewing it. His understanding is that he faces four charges: 1) membership in the Libyan Islamic Fighting Group; 2) membership in al-Qaeda; 3) forging a passport and travel documents and using them to exit the country, and; 4) failing to secure permission to exit the country when he left to fight in Afghanistan. Al-Rimi has court-appointed legal counsel. The Prosecutor General's Office told al-Rimi and his attorney that the court was expected to render a verdict in his case on/about June 16. A verdict had been expected on/about May 5; however, the trial was delayed. Al-Rimi does not know how long his prison sentence could be if convicted of one or more of the charges he faces; however, he claimed his attorney told him he stood a good chance of being acquitted and released. ISN 557 6. (S/NF) Hamouda (ISN 557), who was returned to Libya in August 2007, said he had been detained at an ESO detention facility for three months and was then transferred to the Abu Salim prison. He currently remains at Abu Salim, but understands he may be transferred next month to the Jdeida prison, which houses common criminals, in Ain Zaraa. He has been held in solitary detention since his return - his biggest complaint - and said he has not been mistreated. (Note: The security official explained that detention protocols for extremists and terrorists mandate that they be held in solitary detention to preclude the possibility that they could recruit other members of the prison population for extremist activities. End note.) He is not able to exercise at the Abu Salim prison, but was able to do so at the ESO facility before he was transferred. He is provided with drinking water, tea and three meals a day. He does not have TRIPOLI 00000455 002 OF 002 access to books, radio or television. He has access to medications and has been told he may be visited by a prison doctor if he is ill, but has not had need of one. Hamouda has had two visits by members of his family since his return: his wife and children visited in late December, and his wife and brother-in-law in January. He complained that his family had not visited since, but said he he did not know whether they had tried. (Note: He conceded that his wife had divorced him and remarried, and that relations between them were difficult; however, after the second visit, permission for further visits had to be obtained from the Prosecutor General's office, vice ISO. He speculated that the Prosecutor General's office may have been less efficient in processing visit requests. End note.) 7. (S/NF) Asked for his understanding of the legal basis on which he is being held and the status/schedule of any legal proceedings against him, Hamouda said he was questioned by ESO and ISO officials between his return in August 2007 and May 2008, when his case was transferred to the Prosecutor General's Office. His understanding is that he faces three charges: 1) membership in the Libyan Islamic Fighting Group; 2) membership in al-Qaeda, and; 3) that he performed illicit work for a private company in Sudan and Afghanistan. He also faces charges related to a drug trafficking offense for which he was convicted and imprisoned in the early 1990's. According to the security official, Hamouda escaped from prison and left Libya illegally in 1992 to travel to Sudan; he may/may face separate charges for escaping and leaving the country. Hamouda has no legal counsel, but said he does not want an attorney because he has committed no crimes. Claiming that if he were really a member of al-Qaeda " ~ the U.S. would have never returned me to Libya ~ ", he said his impression is that all of the charges against him are based entirely on hearsay from witnesses whose credibility is suspect. He has been told by the Prosecutor General that his trial may start in two to three months. Hamouda does not know how long his prison sentence could be if convicted for one or more of the charges he faces; however, he claimed that he had been granted a pardon by the Qadhafi Development Foundation for the original drug trafficking conviction and his subsequent escape from prison and illegal exit from Libya. | 2008-06-11 | 2011-02-01 | SECRET//NOFORN | Embassy Tripoli
08TRIPOLI457 | QADHAFI WORKS TO MUSTER ARAB OPPOSITION TO SARKOZY'S | 2008-06-12 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI458 | CONDITIONS IN SECURITY DETENTION FACILITIES | 2008-06-12 | 2011-02-01 | SECRET//NOFORN | Embassy Tripoli
08TRIPOLI466 | CHEMICAL WEAPONS CONVENTION (CWC): CONVERSION OF THE RABTA CHEMICAL WEAPONS PRODUCTION FACILITY REF: A) STATE 58476, B) THE HAGUE 482, C) TRIPOLI 119 CLASSIFIED BY: Chris Stevens, CDA, U.S. Embassy Tripoli, Dept of State. REASON: 1.4 (b), (d) 1. (C) Summary: The GOL's lead interlocutor on CWC issues told us: 1) conversion of the Rabta chemical weapons production facility would not be completed until December 2009 (which the GOL appears to have known since early 2006), 2) the GOL would not submit a new National Paper at the upcoming June 24-27 Executive Committee meeting of the OPCW, 3) GOL Delreps would/would read an official statement into the record of the EC's informal session that would address all points stipulated in ref A non-paper; 4) the GOL was ready to facilitate a bilateral visit by U.S. technical experts at any time, and; 5) despite delays, the GOL expects to complete destruction of chemical agents well before the deadline it agreed to with States Parties. End summary. 2. (SBU) P/E Chief conveyed ref A demarche points and non-paper on June 12 to Dr. Ahmed Hesnawy, who heads Libya's CWC compliance efforts, and Adel Ben Issa, who has the lead on CWC issues in the International Organization Department of the Ministry of Foreign Affairs (MFA/IO). Dr. Fathi Asseid, Technical Director of the General Company for the Manufacture of Pharmaceuticals and Medical Supplies, which controls the Rabta facility and a related pharmaceutical packaging plant, also attended the meeting. Stressing the GOL's commitment to transparency in declaring its CWC-related equipment, implementing conversion of the Rabta facility and destroying chemical weapon precursors, Dr. Hesnawy thanked the U.S. and U.K. for their "robust" support for Libya's efforts to date. Per ref A, copies of the non-paper and an oral brief on the demarche points were conveyed to U.K. and Italian Embassy counterparts in Tripoli. CONVERSION PROJECT 3. (SBU) On the points of the demarche, Hesnawy indicated the following: - CONVERSION DELAY: Conversation of the Rabta chemical weapons production facility will not be completed before November/December 2009. The GOL signed an original contract with Italian company PharmaChem on February 11, 2002; an addendum to that contract, signed on June 1, 2006 (which Hesnawy showed P/E Chief), stipulated that PharmaChem's portion of conversion work at the Rabta facility would be completed by September 2009. The GOL, factoring in possible unexpected delays, added three months to the timeline, yielding an expected completion date of December 2009. Hesnawy did not respond when asked why Libya had not notified States Parties earlier that conversion would be delayed if it had known since February 2006 that the contract with PharmaChem stipulated a completion date in late 2009. He insisted that the GOL would complete the conversion project and initiate production of pharmaceuticals at Rabta by December 2009. - NEW NATIONAL PAPER: Libya will not submit a new National Paper to the Executive Council (EC) meeting of the OPCW scheduled to begin on June 24. Noting that National Papers are to be submitted at least a month in advance of EC's for review by States Parties, Hesnawy pointed to the fact that the meeting was just ten days away and that there was not sufficient time for review. P/E Chief noted that we had asked since early May that the GOL immediately submit a new National Paper for review. Hesnawy had no response, but said Libya's delegation will instead submit an "official statement" during the Informal Session that would address all points stipulated in ref A non-paper. The informal statement would explain "completely" the reasons for missing the July 29, 2008 conversion deadline and the need for "a correction" to the conversion plan that would eliminate the requirement that a protective sandbag berm be removed. - VISIT BY U.S. TECHNICAL EXPERTS: Hesnawy and his MFA/IO counterpart stressed that the GOL stands ready to facilitate a visit to the Rabta facility by U.S. Embassy officials and/or U.S. technical experts - the U.S. side is "welcome to visit at any time - we have nothing to hide". Such a visit could occur before the upcoming EC meeting or after it. The GOL has already extended invitations through the Italian and U.K. Embassies for their capitals to send teams of technical experts. (Note: The Italian Ambassador and DCM, but not/not Italian technical experts visited Rabta on June 7. A U.K. technical team is notionally scheduled to visit July 6-9, 2008. End note.) Hesnawy stressed that the GOL was willing to accommodate a series of bilateral visits by technical experts, but was not/not willing to facilitate a visit by a combined team (i.e., of U.S. and U.K. experts) out of concern that the visit's agenda could be broadened. TRIPOLI 00000466 002 OF 003 - NEXT STEPS: Hesnawy indicated that he clearly understood that U.S. support for a conversion plan correction to allow retention of a modified protective berm depended on a commitment to transparency and conduct of a site visit to Rabta. He said that the GOL might/might be amenable to submitting a new National Paper at the next EC after the upcoming meeting in late June, indicating that the GOL would premise its decision in part on conversations with Delreps at the June 24-27 EC meeting. IRANIAN HARASSMENT DURING APRIL 2008 OPCW INSPECTION ALLEGED 4. (C) Referring to the April visit by an OPCW inspection team, Hesnawy complained that an Iranian inspector had raised issues with equipment in Building Number 3 and Building Number 4 that had since 2004 been mutually agreed to have been exclusively commercial in nature. According to Hesnawy, four previous tranches of OPCW inspectors had been informed of the equipment and assured the GOL that the equipment did not need to be declared. Referring to the GOL's decision to vote for a UN Security Council Resolution calling for a third tranche of sanctions against Iran because of its nuclear weapons program, Hesnawy said the Iranian inspector deliberately raised the issue of equipment in the commercial building to harass Libya in retaliation for its UNSC vote. Hesnawy claimed Iranian officials at the OPCW had conceded as much in conversations at The Hague with Libya's representative, Muhammad Gheton. "Libya feels it's being dragged back to 2004", Hesnawy complained, saying previous teams of inspectors should have raised the issue of the equipment earlier if it was indeed a subject of concern. DESTRUCTION: STATUS OF ITALIAN CONTRACT & PROJECT TIMELINE 5. (C) Regarding ref B reports that the timetable for Libya's destruction program had slipped, Hesnawy conceded that there had been delays; however, he maintained that Libya would nonetheless meet the deadline of the States Parties. The GOL envisions the project in two phases: 1) Repackaging of the agent from existing polyethylene containers (which has resulted in diffusion, vice leakage, of the agent) into improved containers for the 800 km trip from the Ruwagha facility in al-Jufra to the Rabta facility; and 2) actual destruction of the material. Hesnawy said the GOL will rely on Italian company SIPSA Enginerring and Libyan civil contractors to complete the repackaging and destruction work. Contract negotiations with the Italian company had been "completed" and terms were mutually understood by the GOL and SIPSA; however, the contract itself had not yet been formally approved by "all relevant GOL entities", according to Hesnawy. Additional details, such as securing GOL approval to establish requisite bank accounts and authority for letters of credit were also still being worked out. 6. (C) Hesnawy offered the following schedule for the destruction program: - January/February 2009: Repackaging of the agent takes place; agent is stored in Bunker 109 at al-Jufra until transport to Rabta in late 2009/early 2010; - March 2009: Construction completed on destruction building at Rabta facility; - March-October 2009: Destruction equipment installed in destruction building at Rabta facility; - December 2009: Cold and hot tests of destruction equipment at Rabta destruction facility; - Early February 2010: Commissioning of destruction facility at Rabta; - May 1, 2010: 1% of agent destroyed per agreement with OPCW. Hesnawy offered that SIPSA and the GOL estimated that destruction of all of the agent would require only 25 calendar days once destruction commenced at the Rabta facility. He anticipated no difficulty meeting the deadline for destruction of the agent, and predicted that Libya would complete the project well in advance of the deadline. 7. (C) Comment: Animated and at times angry, Hesnawy repeatedly stressed the GOL's annoyance at what it perceives as an "endless" series of questions about details of its conversion and destruction plans. Stressing that dignity was more important than anything in Libya, Hesnawy offered that GOL officials had considered whether it would be better to destroy the Rabta facility altogether rather than allow it to be used as a pretext for criticism of the GOL's intentions and performance TRIPOLI 00000466 003 OF 003 by "hostile international actors". STEVENS | 2008-06-15 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI467 | DEVELOPMENTS IN CASE OF IDRISS BOUFAYED AND FELLOW REGIME | 2008-06-16 | 2011-02-01 | UNCLASSIFIED | Embassy Tripoli
08TRIPOLI494 | JOURNALIST JAILED FOR CRITICIZING GOVERNMENT'S | 2008-06-22 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI505 | NEGOTIATIONS OVER MIL-MIL MOU CONTINUE | 2008-06-26 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI506 | FATHI EL-JAHMI'S SON ASKS EMBASSY TO STOP VISITING HIM | 2008-06-27 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI515 | LIBYAN LEADER AUTHOR OF HARD LINE ON DETAINED HUMAN RIGHTS | 2008-07-01 | 2011-02-01 | SECRET//NOFORN | Embassy Tripoli
08TRIPOLI526 | LIBYA SEEKS TO BLACKMAIL EUROPEAN MISSIONS FOR VISAS | 2008-07-03 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI527 | LIBYAN RESPONSE ON ARB-4 REVIEW PROCEEDINGS | 2008-07-03 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI530 | LIBYA'S BERBER MINORITY STILL OUT IN THE COLD | 2008-07-03 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI541 | EUROPEANS ENGAGE GOL ON BOUFAYED HUMAN RIGHTS CASE | 2008-07-08 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI563 | OXY'S 30-YEAR EXTENSION IN LIBYA AND WHAT LIES AHEAD FOR OTHER IOCS REF: A) TRIPOLI 555 B) 2007 TRIPOLI 983 TRIPOLI 00000563 001.2 OF 003 CLASSIFIED BY: John T. Godfrey, CDA, Embassy Tripoli, U.S. Dept of State. REASON: 1.4 (b), (d) 1. (C) Summary: The long-awaited ratification of Oxy's contract extension in Libya has solidified its position as one of Libya's leading oil and gas players. The process by which the contract was finalized has shed light on what lies ahead for other foreign companies, all of whom are expected to be approached soon to sign similar deals. The extensions contain considerable benefits, including higher profits, anti-corruption measures and less state company obstructionism; however, they contain lower production shares and reduced bookable reserve levels, and mandate a heavy reliance on the thinly-stretched National Oil Corporation. Given projections for steadily rising global energy costs, it remains to be seen how long the new contracts will remain in place without amendment. End Summary. 2. (C) Following the well-publicized announcement of Occidental Petroleum's (Oxy) extension in Libya (Ref A), post's Econoff and Econ/Commercial Assistant sat down with John Winterman (protect), Oxy's Country Manager for Libya, to discuss the negotiation process and contract terms, and assess the playing field for other international oil companies (IOCs) active in Libya. Winterman's experience in his current position and former tenure as Oxy's Worldwide Exploration Manager for 7 years makes him one of the most knowledgeable observers of Libya's energy sector. DONE DEAL - AT LAST 3. (C) Winterman confirmed the general contract terms outlined in press reports. Oxy and its partner OMV (Austria) signed a total of five Exploration and Production Sharing (EPSA) contracts with Libya's National Oil Corporation (NOC) on June 23. The contracts were based on terms of a "Heads of Agreement" memoranda signed between Oxy's Chairman and NOC Chairman Shukri Ghanem on November 24, 2007 (ref B). As reported in the press, Oxy paid a $1 billion signature bonus as part of the deal, and has committed to $2.5 billion (split 75/25 for Oxy/OMV) investment plan, with the NOC matching an equal amount for investment. Oxy intends to drill some 400 wells starting in 2011, requiring a minimum of 12-15 rigs working full-time. The contract extension allows them to bring in 50 additional staff, including 16 Amcits, all of whom already have their visas and residency permits. 4. (C) A two-person NOC negotiating team worked on all three agreements (Eni, Petro-Canada and Oxy). The NOC's driving force behind the negotiation process was Assam Ali Elmessallati, who bears the title Committee Member for Investment and Joint Venture Follow-Up. According to Winterman, Elmessallati stalled negotiations with Eni (the first of the three agreements that the NOC tackled), pulling a near-final agreement off the table in order to conduct further "internal reviews". According to Winterman, Elmessallati conducted "an internal socialization process" in which he circulated the agreement broadly to get as many Libyan government "fingerprints" on the deal as possible. His past role as architect of the EPSA IV process likely informed the effort, which garnered enough buy-in for the deal to move forward without the threat of last-minute opposition from parties who would have gone unconsulted absent his efforts. Winterman also noted that it was vital that these new EPSA deals be presented General People's Committee (Cabinet-equivalent) as "extensions" verses, as opposed to new deals that would have to be re-bid from scratch. NEW TERMS ARE BROADLY BENEFICIAL 5. (C) The IOCs' previous deals were based on a fixed margin, meaning that companies were somewhat insulated from fluxuations in the market price of oil by receiving a fixed price for every barrel produced. The new EPSA deals, while resulting in a lower overall production share for the IOCs, removes that fixed margin, allowing companies to reap higher profits per barrel when oil prices are high. That, together with the fact that the NOC will now cover the costs for all taxes, royalties and fees, results in the IOCs making a great deal more money per barrel of oil produced. Winterman assesses that the IOCs will get their money back (i.e. signature bonuses and investment requirements) very quickly under the new EPSA deals, as greater revenue driven by high oil prices will generate rapid reimbursement of their outlays. TRIPOLI 00000563 002.2 OF 003 6. (C) An additional element of the new terms is that the ties between the IOCs and their local Libyan operating partners (Zuetina in Oxy/OMV's case) are less direct, in two distinct ways. Development plans for existing fields are now no longer run through the Libyan operators, but have been negotiated directly with the NOC under the new agreements. This means that traditional Libyan national company resistance to new investment and technologies (i.e., the much lamented tendency to keep things "the old way") have been swept aside, paving the way (with NOC approval) for more ambitious field development that should boost Libya's national production much more quickly. (Note: The NOC claims it will increase national production from a current level of 1.75 million bbl/day to 3 million bbl/day figure by 2012-15. End note.). The new EPSA framework has a substantial new anti-corruption measure that will prevent state-run companies (infamous for skimming off the top of contracts) from being involved in the tendering process. The new tendering arrangement will be between IOC and NOC representatives only, so the state-run companies have been frozen out entirely. This new arrangement creates "Joint Project Teams" that should reduce the potential for graft, while at the same time allowing for faster work rates through a streamlined decision-making and tendering process. Finally, the EPSA agreements incorporate robust IOC-provided training programs for Libyan nationals, which should help to ensure the creation of Libya's next generation of energy sector experts. TWO SHORTCOMINGS: BOOKED RESERVES SHARE SMALLER . 7. (C) The new contracts, which feature lower production shares (now in the 10-12% range, down from 20% or higher), mean that companies can no longer "book reserves" (i.e., demonstrate to stockholders that they are contractually guaranteed to have access to a proven quantity of oil and gas) to the degree that they have in the past. This creates a new paradigm for Libya that is playing out worldwide in a growing number of oil-producing countries where the state and its energy authority are demanding tough terms for in-country IOCs. Winterman assesses that this trade-off between booked reserves and profit is creating a new system where the old rules no longer apply; the thinking of IOCs' stockholders will have to evolve to reflect the fact that their companies' stock values should be evaluated differently in an environment where reserves are harder to replace. Because this new way of thinking is still evolving, lowered production shares have the potential to hurt companies' stock prices in the short term. 8. (C) An additional consideration in this regard is the recent surge of interest in Libya on the part of non-Western IOCs (particularly from India, Japan, Russia and China), who have won the bulk of concessions in the NOC's recent acreage bid rounds. These government-owned companies are driven by the desire to book reserves to assure supply to their domestic markets in the years to come. Assuming that their exploration of Libyan acreage bears fruit in the discovery of exploitable reserves, they may find that NOC terms allow them to book less in reserves that they had hoped. With that prospect in the offing, the interest of companies primarily concerned with booking reserves may wane as they consider making the jump to producing entities. ..AND GREATER NOC INVOLVEMENT NOT A PANACEA 9. (C) Although the new agreements carry substantial benefits, the more central involvement of the NOC does not by itself guarantee more efficient operations. Winterman stressed that the NOC is still more concerned with "price over performance," and can often be a difficult sell when it comes to using the latest (more expensive) technologies to generate efficiencies and augment output. He also questioned whether the NOC would be willing and able to hold up its end of the investment burden, as it has shown reluctance to make the kind of substantial re-investments in existing fields that their $2.5 billion commitment under the Oxy deal requires. Delays are likely, particularly given the NOC's haphazard budgeting process. For example, the NOC only received approval for the current year's budget in June, and even that approval only resulted in flatlined spending along the same lines as the previous year. Also, although the NOC retains many skilled technocrats with long experience and educational ties to the U.S., that group represents a dying breed (nearing retirement age), and the NOC's TRIPOLI 00000563 003.2 OF 003 bench strength is being rapidly depleted as many of its best personnel take more lucrative opportunities in the private sector in Libya and abroad. The fact that the Eni, Petro-Canada and Oxy deals were hammered out using a common text reinforces the notion that the NOC is seeking to simplify the terms under which companies operate, in part because of its own limited institutional capacity. NEXT ON THE BLOCK: EVERYONE ELSE 10. (C) Winterman was confident in predicting that Repsol (Spain), Wintershall (Germany) and TOTAL (France) were the next IOCs who would be forced to extend their presence in Libya via the signing of new EPSA agreements. After that, the next major set of operators will be the companies of the Oasis Group, composed of U.S. firms ConocoPhillips, Marathon and Hess. This NOC approach is reportedly on the horizon, despite the fact that the Oasis companies paid $1.8 billion in December 2005 to reclaim their former Sirte basin acreage in concert with local operator Waha (the eponymous Libyan state-run oil company that took over the fields when they left) following two years of negotiations with the NOC. The Waha-Oasis group currently produces about 350,000 bbl/day, roughly one-fifth of Libya's total oil output. Econoff has been told separately by the Country Managers of both ConocoPhillips and Marathon that senior NOC officials have hinted that a new deal with the Oasis group should be negotiated soon. 11. (C) This will present a unique challenge for the Oasis group, as the two major shareholders (CP and Marathon) reportedly have very different corporate priorities in Libya. For Marathon, whose booked Libyan production accounts for some 60% of the company's worldwide total, a reduction in production rate under an EPSA could have serious repercussions for the company's share price. On the other hand, ConocoPhillips is judged to have sufficient worldwide booked reserves that a drop in its production share would not be such a major blow, and its overall size puts it in a better position to reinvest the greater financial returns stemming from a new deal. Both would benefit from being freed from the intransigence to change shown by their counterparts in Waha (who routinely deflect their proposals for field development projects), but it may prove difficult for the Oasis partners to adopt a shared approach when the NOC begins to press in earnest for a extension of their presence. 12. (C) COMMENT: Although the concession extensions carry some positive aspects, the fact that the NOC may be prepared to reopen negotiations with the Oasis group is troubling. If the Waha consortium is forced to renegotiate after cementing a deal less than three years ago at a cost of $1.8 billion, can it - or any other IOC operating in Libya - reasonably expect that the new agreements will stand the test of time? Given the GOL's political approach to economic policymaking, as well as its penchant for extracting maximum concessions for production of its hydrocarbon resources, how long would revenue from oil that could hit $175 or $200/bbl oil be allowed to accrue to foreign companies before the GOL would (again) seek a larger cut? While the answer to that question remains to be seen, it is clear is that the recent contract extensions have set Eni, Petro-Canada and Oxy apart as leaders in the Libyan energy sector. It is expected that they will account for at least 55% of Libya's total oil production if the terms of their contracts are fulfilled. End comment. GODFREY. | 2008-07-13 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI564 | NATIONAL OIL CORPORATION CHAIRMAN SHUKRI GHANEM MAY SEEK TO | 2008-07-13 | 2011-02-01 | SECRET//NOFORN | Embassy Tripoli
08TRIPOLI566 | LIBYA SIGNS CIVILIAN NUCLEAR DEAL WITH FRANCE | 2008-07-14 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI567 | THE EU-LIBYA FRAMEWORK AGREEMENT: VENI, VISAS, VETO | 2008-07-14 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08TRIPOLI574 | U.K. VISIT TO RABTA CHEMICAL WEAPONS PRODUCTION FACILITY | 2008-07-14 | 2011-02-01 | CONFIDENTIAL | Embassy Tripoli
08STATE77144 | NUCLEAR FORENSICS EXPERTS PLAN PATH FORWARD | 2008-07-17 | 2011-02-01 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Secretary of State

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