Sénégal: Pêche Bénéficiaires Effectifs Opaques Révélés

• Many Senegalese-flagged fishing vessels, particularly from Europe and Asia, have opaque ownership structures.
• "Sociétés mixtes" and "sénégalisation" are used to obscure true beneficial owners and bypass foreign vessel restrictions.
• An investigation found it difficult to access the central beneficial ownership register, which was cited as protected by personal data laws.
• This opacity allows foreign interests to exploit Senegalese waters, harming the local fishing industry and resource management.
• The fishing sector is strategic for Senegal, contributing 3.2% of GDP and 70% of animal protein consumption.

The opacity surrounding the real ownership of Senegalese-flagged fishing vessels carries significant implications for the integrity and sustainability of the nation's vital fishing sector.

Many vessels operating under the Senegalese flag, particularly those originating from Europe and Asia, have ownership structures that are difficult to ascertain. This lack of transparency is often facilitated by "sociétés mixtes" (mixed companies) and complex, opaque arrangements, raising questions about the true controllers of these fishing boats. The issue of Sénégal pêche bénéficiaires effectifs opaques is central to understanding the sector's challenges.

An in-depth investigation conducted by "Le Soleil" over a three-month period across key Senegalese port cities—Dakar, Mbour, and Saint-Louis—revealed significant challenges in identifying the ultimate beneficial owners of these entities. This issue is particularly critical given that the fishing sector is a cornerstone of the national economy, contributing 3.2% to the Gross Domestic Product and providing 70% of the animal protein consumed within the country.

Experienced industry figures, such as Mbor Ngom, a 62-year-old veteran with 37 years in industrial vessels, attest to this complexity. He notes that merely knowing a vessel's name and flag is insufficient to determine its true proprietor. Instead, a thorough examination of the operating company, its capital structure, management, and the individuals who genuinely control its activities is required to understand the propriété réelle bateaux pêche Sénégal.

Observations at port indicate that while many navires sénégalais are officially registered as Senegalese-owned, industry stakeholders suggest that some arrangements involve "prête-noms" or front individuals. This practice allows for the contournement restrictions pêche Sénégal applicable to foreign vessels, a process colloquially termed "sénégalisation" or naturalization. Former captain Aziz Soumaré, who served from 2006 to 2017, warns that this method enables boats from countries without formal fishing agreements with Senegal to exploit its waters, thereby undermining the local fishing industry.

Understanding the true nature of vessel ownership in the industrial fishing sector necessitates distinguishing between several key roles: the flag denotes the state of registration, the owner holds legal title, the operator is responsible for exploitation, and a license grants access to the resource. Crucially, the beneficial owner is the natural person who ultimately controls or profits from the enterprise. It is within this intricate framework that the issue of sociétés mixtes becomes particularly problematic.

Baba Sène, a former navigator, highlights that a company's legal status as Senegalese does not automatically guarantee that Senegalese interests are genuinely in control of its operations. He stresses the importance of identifying the sources of capital, the decision-makers, and those who truly reap the economic benefits from the vessel's activities.

The Directorate of Marine Fisheries is responsible for regulating access to marine resources through a system of licenses tailored to various fisheries, including coastal demersal, deep demersal, coastal pelagic, and high seas pelagic. Despite these regulations, the daily realities for artisanal fishermen, like docker Bathie Senghor and his friend Abdou Faty, often involve observing the activities of these vessels without knowing their true owners, leading to concerns about the pressure exerted on marine resources.

A central registre bénéficiaires effectifs Sénégal is designed precisely to identify the natural persons who ultimately control or benefit from a company. However, the investigation's three-month attempt to access this register at the General Directorate of Taxes and Domains proved unsuccessful, with the administration citing personal data protection as the reason for its unavailability. This lack of transparency impedes efforts to fully understand the ownership landscape.

The opacity surrounding the real ownership of Senegalese-flagged fishing vessels carries significant implications for the integrity and sustainability of the nation's vital fishing sector. The practice of "sénégalisation," where foreign interests use local fronts to operate, directly undermines regulatory frameworks designed to protect national resources and ensure equitable access. This circumvention allows vessels from countries lacking bilateral fishing agreements to exploit Senegalese waters, creating unfair competition and potentially depleting fish stocks.

As Baba Sène aptly points out, the critical questions revolve not around the apparent origin of a vessel, but rather who possesses the fishing license, who manages the vessel's operations, who makes strategic decisions, and who ultimately derives economic gain from the fishing activities. Without clear answers to these questions, effective oversight and enforcement of fishing quotas and environmental regulations become exceedingly difficult, exacerbating the problem of contournement restrictions pêche Sénégal.

The inability to access the beneficial ownership register, despite its intended purpose, represents a major hurdle in addressing these challenges. This lack of transparency not only facilitates the circumvention of national laws but also hinders efforts to ensure that the benefits of Senegal's rich marine resources primarily accrue to its citizens and are managed sustainably for future generations. The current situation poses a direct threat to the long-term viability of an industry crucial for both the economy and food security.

Lawyers and compliance officers advising clients in the Senegalese fishing sector must be aware of the significant challenges in identifying the true beneficial owners of Senegalese-flagged vessels, particularly those operating through 'sociétés mixtes'. This opacity presents substantial compliance risks related to foreign ownership restrictions, fishing quotas, and potential for regulatory enforcement actions, necessitating enhanced due diligence on corporate structures and capital sources.

Source: Original reporting via Le Soleil investigation