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Riskdecision Immediate

Decision No. 154 of 2023 Correcting Decision No. 53 of 2023

27-02-2023·مجلس الوزراء·سيادي
Analysis
Summary

The Council of Ministers corrects its prior Decision No. 53 of 2023, clarifying that sale contracts between the State Property Authority and Al-Khadra Holding Company for 21.5 hectares in Janzour are rescinded. All legal effects are cancelled and property reverts to pre-contract status.

Business Implication

This decision exposes significant execution risk in transactions involving state property in Libya. The government retroactively unwound a concluded sale to a major holding company, raising red flags about contract sanctity and the unpredictability of state entity dealings. Foreign investors acquiring or leasing state assets should anticipate similar retroactive cancellations, particularly involving politically connected transactions or premium locations. Legal opinions and due diligence on state property deals should be heavily discounted for enforceability risk.

Key Provisions
Rescission of sale contracts between State Property Authority and Al-Khadra Holding Company
Cancellation of all legal effects of the contracts including authentication notebooks 6414-12237
Restoration of property status to pre-contract state for 21.5074 hectare plot in Janzour
Correction mechanism used to modify prior governmental decision No. 53 of 2023
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