Plot to send drones to Libya was hatched by former ICAO workers in Montreal: RCMP (2024)

Two people have been charged with conspiracy related to the planned illegal sale of Chinese drones and other military equipment to Libya while employed by the International Civil Aviation Organization (ICAO) in Montreal.

The suspects are alleged to have used foreign front companies to avoid international sanctions, the RCMP said in a statement Tuesday.

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The charges were filed against Fathi Ben Ahmed Mhaouek, 61, of Ste-Catherine and Libyan national Mahmud Mohamed Elsuwaye Sayeh, 37, on Monday following an investigation by the RCMP that began in 2022.

RCMP Sgt. Charles Poirier said it took some time to be able to lay charges in part because the investigation was complex, and in part because both men had diplomatic immunity within their functions at work, which had to be lifted by UN agency ICAO.

“Had they not done that, we wouldn’t have been able to lay some criminal charges,” Poirier said.

Mhaouek has been arrested. There’s a Canada-wide warrant out for Sayeh’s arrest.

“It is alleged that Mhaouek conspired to facilitate purchases of Libyan oil between prohibited entities and the People’s Republic of China contrary to the United Nations Act,” the RCMP statement said.

Poirier said the pair attempted to export millions of barrels of crude oil to China.

“Had this deal gone through, both accused could have received millions of dollars in commission on a monthly basis from these transactions,” he said. “So, pretty huge numbers. Of course it didn’t happen, it was a conspiracy … but if it had gone through, you can see that this would have been Chinese interference in Libyan affairs and a part of it being done from Canada.”

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Mhaouek appeared before Quebec Court Judge Alexandre Dalmau at the Montreal courthouse Tuesday afternoon. His lawyer informed the court that “many documents” had been disclosed to him and that it would take days to read them to prepare for a bail hearing. Dalmau agreed to schedule the hearing for Friday.

“Libya is sanctioned by the United Nations and there is an act in Canada (through Parliament) in accordance with United Nations sanctions,” prosecutor Marc Cigana told reporters after Mhaouek appeared in court. “So it is prohibited to purchase oil from certain entities — a specific list of entities.”

Sayeh allegedly used a scheme to conceal the sellers and buyers of military equipment, which is also subject to UN sanctions.

“What these two individuals attempted … was to circumvent legislation by hiding the sellers and buyers through shell companies and effectively providing Chinese military equipment to Libya, and specifically to Gen. Khalifa Haftar, who at the time was the head of a faction that was fighting over control for Libya,” Poirier said.

He added that the drones in question have “a large attack capability.”

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According to a charge sheet filed at the Montreal courthouse, the alleged crimes took place between Dec. 1, 2018 and July 31, 2021 in Montreal, Brossard, Tunisia, Egypt, Libya and China. The charges mention a third person, James Kuang Chi Wan, as being part of the alleged conspiracy.

The alleged conspiracy involved two parts, including that the accused “knowingly (made) available any property or (provided) any financial or related services to Libya, to any person in Libya or to any person acting on the behalf of Libya if the property or services are related to the sale, supply, transfer, manufacture, maintenance or use of any arms and related materials” contrary to United Nations resolutions.

The ICAO, which is based in Montreal, was created in 1944. It develops policies and standards related to international civil aviation, performs studies and builds aviation capacity, among other things.

The suspects met at work and part of the conspiracy took place there as well, Poirier said.

“We can’t say for certain that they used their position (at work), but what we know is that they met at ICAO, that they did conspire while at ICAO, and that they had access to a vast network of connections,” he said. “They were people who had a lot of influence. Obviously they were really well connected internationally.”

Poirier said the ICAO has been collaborating with the RCMP’s investigation, which the ICAO confirmed in a statement Tuesday.

“ICAO strongly condemns any actions of individuals that are inconsistent with the organization’s values,” the statement said. “ICAO is committed to upholding Canada’s laws and regulations, the UN Standards of Conduct and its own stringent code of ethics.”

The Gazette’s Paul Cherry contributed to this report.

kthomas@postmedia.com

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