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Ghana Court Upholds Seizure of Argentine Ship Over U.S. Creditors' Claims

The next step is for the creditors to initiate more legal proceedings leading to an auction of the ship

The Associated Press

October 12, 2012

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A Ghanaian court Thursday ruled against releasing an Argentine naval vessel which is currently being held at Tema Port near here.

The commercial court decided that the ARA Libertad should be prevented from leaving because of claims against the Argentine state by creditors in the United States.

The U.S. creditors are demanding payment in full for Argentine bonds for which most investors accepted 30 cents on the dollar in 2005.

The court earlier ordered the seizure of the Argentine tall sailing ship at Tema harbor following judgments against Argentina issued by the United States District Court and supported by similar court rulings in the United Kingdom.

Justice Richard Agyei-Frimpong said Thursday that Argentina had not shown why the injunction on the ship should be set aside. The judge upheld his earlier ruling to restrain the ship, which came to Ghana on a goodwill mission as part of a West African tour.

Argentina's navy and foreign ministry had no immediate comment on the ruling.

Luis Suarez, who works in the tall ship's galley, told an Argentine radio station that the crew members have access to Internet and phones and are able to communicate with their families back home. He said there are no shortages of goods aboard the ship and that the crew rode buses into town to buy things. But he said their movements are restricted and no one knows when the ship will be allowed to leave.

"We are not freely circulating," he said.

Now that a Ghanaian judge has dismissed the Argentine attempt to get the Libertad released, the next step is for the creditors, NML, to initiate more legal proceedings leading to an auction of the ship. The threat of that auction, NML hopes, will be enough to pressure Argentina to post a bond with the court reflecting the ship's value. At that point, the ship and its crew would be able to leave port, Argentina would forfeit the bond, and NML would collect the money.

The three-masted sailing ship, a navy training vessel, is worth millions of dollars, although exactly how many millions remains to be seen.

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Companies, agencies mentioned

    
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  • Tema Port
  • ARA Libertad
  • Associated Press
  • West African
  • United Kingdom
  • United States District Court

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