The Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya (hereafter “the Committee”) oversees the sanctions measures imposed by the Security Council.

Sanctions measures

Measure

Description

Exemptions

Arms Embargo

All Member States are required to prevent the sale or supply to Libya of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned (with an exception for the Libyan government for non-lethal materiel, technical assistance, training or financial assistance); prohibits the export by Libya, and procurement by Member States, of all arms and related materiel.

- Set out in paragraph 9 (b) of resolution 1970 (2011): Protective clothing, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

- Set out in paragraph 9 (c) of resolution 1970 (2011): Other sales or supply of arms and related materiel, or provision of assistance or personnel: advance approval by Committee;

- Set out in paragraph 13 (a) of resolution 2009 (2011), modified by paragraph 10 of resolution 2095 (2013) and paragraph 8 of resolution 2174 (2014): Lethal arms and related materiel of all types, intended solely for security or disarmament assistance to the Libyan authorities: advance approval by Committee ;

- Set out in paragraph 13 (b) of resolution 2009 (2011) small arms and light weapons and related materiel, temporarily exported to Libya for the sole use of UN personnel, representatives of the media and humanitarian and development workers and associated personnel: advance notification to and absence of negative decision by Committee.

Travel Ban

 

All Member States are required to prevent the entry into or transit through their territories of all listed individuals.

 

Set out in paragraph 16 of resolution 1970 (2011):

- Travel on humanitarian/religious grounds: notification to and approval by Committee

-  For the fulfilment of a judicial process;

- Travel to further the objectives of peace and national reconciliation in Libya and stability in the region: notification to and approval by Committee;

- Entry or transit required to advance peace and stability in Libya: notification to Committee within 48 hours of such a determination having been made by a State.

Assets Freeze and business restrictions

 

All Member States are required to freeze all funds, other financial assets and economic resources that are owned or controlled, directly or indirectly, by the listed individuals or entities; no funds, financial assets or economic resources to be made available to or for the benefit of such individuals or entities; requirement to exercise vigilance when doing business with Libyan entities, if the States have information that provides reasonable grounds to believe that such business could contribute to violence and use of force against civilians.

 

Set out in paragraph 19 of resolution 1970 (2011):

- Basic expenses: notification to and absence of negative decision by Committee;

- Extraordinary expenses: notification to and approval by Committee;

- Judicial, administrative or arbitral lien or judgement: notification to Committee;

 

Set out in paragraph 21 of resolution 1970 (2011):

- Payments due to third parties under contracts entered into prior to listing: notification to Committee;

 

Set out in paragraph 16 of resolution 2009 (2011):

- Humanitarian needs; fuel, electricity and water for strictly civilian uses; resuming Libyan production and sale of hydrocarbons; establishing, operating, or strengthening institutions of civilian government and  civilian public infrastructure; facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya: advance consultation with Libyan authorities, no objection by Libyan authorities and absence of a negative decision by Committee.

Measures in relation to  attempts to illicitly export crude oil

 

The Flag State of a designated vessel is required to direct the vessel not to load, transport, or discharge crude oil from Libya, absent direction from the Government of Libya focal point.

All Member States are required to prevent the entry into ports of designated vessels designated by the Committee from entering their ports,

All Member States are required to prevent the provision of bunkering services, such as provision of fuel or supplies, or other servicing of vessels, to designated vessels.

All Member States are required to prevent financial transactions with respect to such crude oil from Libya aboard designated vessels.

 

 

Set out in paragraph 12 of resolution 2146 (2014):

The Committee may make exceptions to some or all of the measures as may be necessary and appropriate.

 

Set out in paragraph 10 (b) of resolution 2146 (2014): States may allow the entry into ports if it is necessary for the purpose of an inspection, in the case of emergency or in the case of return to Libya.

 

Set out in paragraph 10 (c) of resolution 2146 (2014): The provision of bunkering services, such as provision of fuel or supplies, or other servicing of vessels s allowed if it is necessary for humanitarian purposes, or in the case of return to Libya; in which case the Member State shall notify the Committee.

Work and mandate of the Committee

The Committee comprises all 15 members of the Security Council and makes its decision by consensus. The current Chair of the Committee, for the period ending 31 December 2017, is His Excellency Mr. Olof Skoog (Sweden). The Vice-Chair for 2017 is Italy. The Committee prepares annual reports of its activities. The Committee has Guidelines for the conduct of its work. Formal and informal meetings of the Committee are announced in the Journal of the United Nations. The work of the Committee is supported by the Panel of Experts.

The Committee is mandated to:

  • monitor implementation of the sanctions measures
  • designate those individuals subject to the travel ban and asset freeze  measures and to consider requests for exemptions to those measures;
  • establish such guidelines as may be necessary to facilitate the implementation of the sanctions measures;
  • report within thirty days to the Security Council on its work for the first report and thereafter to report as deemed necessary by the Committee;
  • encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;
  • seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the sanctions measures;
  • examine and take appropriate action on information regarding alleged violations or non-compliance with the measures;
  • Designate vessels for some or all of the measures in relation to attempts to illicitly export crude oil.

Background information

The Committee was established on 26 February 2011 pursuant to resolution 1970 (2011) to oversee the relevant sanctions measures (arms embargo, assets freeze, travel ban) and to undertake the tasks set out by the Security Council in paragraph 24 of the same resolution. The mandate of the Committee was subsequently expanded by resolution 1973 (2011) of 17 March 2011 to also apply to the measures decided in this resolution (ban on flights of Libyan aircraft, authorisation of the use of all measures commensurate to the specific circumstances to carry out inspections). The ban on flights of Libyan aircraft and the authorisation of the use of all measures for inspections to enforce the arms embargo were terminated by resolution 2009 (2011) of 16 September 2011 and resolution 2040 (2012) of 12 March 2012, respectively. On 19 March 2014, the Committee’s mandate was extended to the measures decided in in resolution 2146 (2014), relating to attempts to illicitly export crude oil from Libya.

Further information on measures

Arms embargo

The arms embargo is a two-way embargo. The enforcement of the arms embargo was strengthened between March and September 2011 while the Council had authorized inspections. By resolution 2009 (2011) of 16 September 2011 the Council eased the arms embargo by allowing the transfer of arms and related materiel of all types, intended solely for security or disarmament assistance to the Libyan authorities with prior notification and in the absence of a negative Committee decision. The same applies to the temporary export of small arms and light weapons and related materiel to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel. By resolution 2095 (2013), the Council further eased the arms embargo concerning non-lethal military equipment. By resolution 2144 (2014), the Council stressed compliance with the modalities of arms supplies, including ensuring that transfers reached and remained with the designated end-user. By resolution 2174 (2014), the Council reinforced the arms embargo.

Targeted Sanctions

By resolution 1970 (2011) and resolution 1973 (2011), the Security Council decided to impose individual targeted sanctions (a travel ban on individuals and an assets freeze on individuals and entities, as listed in the Annexes to the resolutions or designated by the Committee). Paragraphs 16 and 19 of resolution 1970 (2011) as well as paragraph 16 of resolution 2009 (2011) contain exemptions to those measures.

The asset freeze measures, previously extending to six entities (Central Bank of Libya, Libyan Investment Authority, Libyan Foreign Bank, Libyan Africa Investment Portfolio and Libyan National Oil Corporation, Zueitina Oil Company), currently apply to funds, other financial assets and economic resources of two entities, the Libyan Investment Authority (LIA), and the Libyan Africa Investment Portfolio (LAIP), held outside of Libya prior to 16 September 2011. In resolution 2040 (2012) and subsequent resolutions, the Council directed the Committee, in consultation with the Libyan authorities, to review continuously the remaining measures with regard to those entities and decided that the Committee was, in consultation with the Libyan authorities, to lift the designation of those entities as soon as practical.

By resolution 1973 (2011), the Security Council expanded the scope of the asset freeze to include the exercise of vigilance when doing business with Libyan entities, if States had information that provided reasonable grounds to believe that such business could contribute to violence and use of force against civilians.

By resolution 2146 (2014) , the Security Council decided to impose measures in relation to attempts to illicitly export crude oil on vessels designated by the Committee. Paragraph 12 of resolution 2146 (2014) allows the Committee to make exceptions to those measures. The Committee is mandated to designate vessels for some or all of the measures in paragraph 10 of resolution 2146 (2014), on a case-by-case basis, for a period of ninety days, on the basis of paragraph 11 of resolution 2146 (2014). By resolutions 2174 (2014) and 2213 (2015) , the Council expanded the criteria for designation of individuals or entities as subject to the travel ban and assets freeze.

By resolutions 2174 (2014) and 2213 (2015), the Council expanded the criteria for designation of individuals or entities as subject to the travel ban and assets freeze.

The Committee is mandated to consider designating individuals or entities on the basis of the criteria contained in paragraph 22 of resolution 1970 (2011), paragraph 23 of resolution 1973 (2011), paragraph 11 of resolution 2146 (2014), paragraph 4 of resolution 2174 (2014) and paragraph 11 of resolution 2213 (2015).

Summary of listing criteria

Criteria

Relevant Resolution

Individuals and entities involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Libya, including by being involved in or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities.

Paragraph 22 (a) of resolution 1970 (2011)

 

Individuals  acting for or on behalf of or at the direction of individuals or entities identified above

Paragraph 22 (b) of resolution 1970 (2011)

Individuals or entities having violated, or assisted in the evasion of, the provisions of resolution 1970 (2011), particularly the arms embargo, or to have assisted others in doing so.

Paragraph 23 of resolution 1973 (2011) and paragraph 11 (e) of resolution 2213 (2015)

In the context of attempted illicit exports or illicit exports of crude oil from Libya, the Committee may designate vessels for some or all of the measures in paragraph 10 of resolution 2146 (2014), on a case-by-case basis, for a period of ninety days, which may be renewed by the Committee.

Paragraph 11 of resolution 2146 (2014)

Planning, directing, or committing, acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya.

Paragraph 4 (a) of resolution 2174 (2014) and paragraph 11 (a) of resolution 2213 (2015)

Attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, including oil facilities, or against any foreign mission in Libya.

Paragraph 4 (b) of resolution 2174 (2014) and paragraph 11 (b) of resolution 2213 (2015)

Providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya.

Paragraph 4 (c) of resolution 2174 (2014) and paragraph 11 (c) of resolution 2213 (2015)

Acting for, or on behalf of, or at the direction of a listed individual or entity.

Paragraph 4 (c) of resolution 2174 (2014) and paragraph 11 (f) of resolution 2213 (2015)

Threatening or coercing Libyan State financial institutions and the Libyan National Oil Company, or engaging in any action that may lead to or result in the misappropriation of Libyan state funds.

Paragraph 11 (d) of resolution 2213 (2015)