166 tal-1993

L. N. 166 or 1993

UNITED NATIONS (SEC URITY COUN CIL SANCTIONS) ACT,

""

(ACT NO. XX OF 1993)

Unltfd Nations SIInctiOllll (Ubya) Reclll.Uomi, 1993.

IN EXE RCISE of the powers conferred by section 3 of the

Uni,cd Nations (Security Council Sanctions) ACI. 1993, the Prime

Minister Ilas made the following regulations: -

I. <I> lbese regulations may be cited as the United Nations

SartClions (Libya) Regulations. 1993.

(2) The following provi~ions of these regulations shall come

into force al 06.01 hrs. (Malta time) of tht I December. 1993.

Pdawn ir·regolamenti . sak cmm ir-rabla lal-kliem ma 1ci'l1icgx TIkif.

l ort'ohra -

"'ajruplan" tinkll.ldi helicopter;

~I-AII ~ lfisscr I·AII ta '\-1993 dWIr Samjonijieltal-KunsiIl18s-

Sillurezza lan-Nazzionijicl Uniti;

Mintrapri1a Libika tfisscr kull intrapriia kummc /tjali.

M

i".:Iuslrij.lli j.cw tb' utilila pubblika. Ii, direllamcnt j.cw

indirettament, hi la' , j.cw hi kontroUata minn

(i) iJ·Ovcm tal-Lihja j.cwlWloritajicl pubblia lal-Libja ;

(ii) xi emit!. kull rejn tinsab Je w oTganiu.ala, li hi la',

j.cw kontrollata minn. il·Ovem lal- Libja Jew aWloritajiet

pubbliti tal-Libja; Je w

(iii) xi penuna ~ lagixxi gIIall-Ovem lal-Libja, gIIall-

aWloritajiel pubblia taI-Libja j.cw glial. xi enli'" ms.emmija fil-

plragrafu (ii).

Mpersuna M tinkludi korp Jew ghaqda ohra la' pen-uni, sew jekk

!lak il·!::orp Jew dik il-gI'Iaqda Ikun pen-una iuridika Jew le .

J. Ghall-fi ni ta$·sub~rtikolu (2) lal·artikolu 3 ID ' I·AII , ir· T.., I.'

ritoluz:zjoni numru 883 adollata mill-Kunsill tas-Sigurezza tan· ~I"

Nau;onijiel Uniti fil · ll ta' Novembru 1993 qeghd~ lip pubblihta bl·

lngJi! n·Jskeda li linsab m.a' d~wn i.-.egolamenli.

( Regolame nt 3)

RESOLUTION 883 (1993) ADOPTED BY THE SECURITY COUNCIL AT

ITS 3212TH MEETING ON 11 N0VEMBER 1993

The Security Council

Reaffirming its resolutions 731 (1992) of 21 January 1992 and 748 (1992) of

31 March 1992.

Deeply concerned that after more than twenty months the Libyan Government

has not fully complied with these resolutions.

Determined to eliminate international terrorism.

Convinced that those responsible for acts of international terrorism must be

brought to justice.

Convinced also that the suppression of acts of international terrorism including

those in which States are directly or indirectly involved is essential for the

maintenance of international peace and security.

Determining in this context that the continued failure by the Libyan

Government to demonstrate by concrete actions its renunciation of terrorism

and in particular its continued failure to respond fully and effectively to the

requests and decisions in resolutions 731 (1992) and 748 (1992) constitute a

threat to international peace and security.

Taking note of the letters to the Secretary-General dated 29 September and 1

October 1993 from the Secretary of the General People's Committee for

Foreign Liaison and International Cooperation of Libya (S/i26523) and his

speech in the General Debate at the forty-eight session of the General

Assembly (A/48/PV.20) in which Libya stated its intention to encourage those

charged with the bombing of Pan Am 103 to appear for trial in Scotland and its

willingness to cooperate with the competent French authorities in the case of

the bombing of UTA 772.

Expressing its gratitude to the Secretary-General for the efforts he has made

pursuant to paragraph 4 of resolution 731 (1992).

Recalling the right of States, under Article 50 of the Charter, to consult the

Security Council where they find themselves confronted with special economic

problems arising from the carrying out of preventive or enforcement measures.

Acting under Chapter VII of the Charter.

1. Demands once again that the Libyan Government comply without any

further delay with resolutions 731 (1992) and 748 (1992);

2. Decides, in order to secure compliance by the Libyan Government with the

decisions of the Council to take the following measures, which shall come into force

at 00.01 EST on 1 December 1993 unless the Secretary-General has reported to the

Council in the terms set out in paragraph 16 below;

3. Decides that all States in which there are funds, or other financial resources

(including funds derived or generated from property) owned or controlled, directly

or indirectly, by

(a) the Government or public authorities of Libya, or

(b) any Libyan undertaking,

shall freeze such funds and financial resources and ensure that neither they nor any

other funds and financial resources are made available, by their nationals or by any

persons within their territory, directly or indirectly, to or for the benefit of the

Government or public authorities of Libya or any Libyan undertaking, which for the

purposes of this paragraph, means any commercial, industrial or public utility

undertaking which is owned or controlled, directly or indirectly, by

(i) the Government or public authorities of Libya,

(ii) any entity, wherever located or organized, owned or controlled by (i), or

(iii) any person identified by States as acting on behalf of (i) or (ii) for the

purposes of this resolution

4. Further decides that the measures imposed by paragraph 3 above do not

apply to funds or other financial resources derived from the sale or supply of any

petroleum or petroleum products, including natural gas and natural gas products or

agricultural products or commodities originating in Libya and exported therefrom

after the time specified in paragraph 2 above, provided that any such funds are paid

into separate bank accounts exclusively for these funds.

In these regulations. unlcss the context otherwise requires -

~the

Act" means the United Nations (Security Council

SallClions) Act . 1993;

a helic:opler;

~.i rcra.rI M includes

MLibyan unden aking M IT>C'aJlS any commercial. industrial or

public utility undertaking which is owned o r controlled, directly o r

indireclly. by

(i) the Government of Libya or public authorities of

Li bya;

(ii ) any entity, wherever located or organised , owned or

contrOlled by the Government of Libya or public luthori tiesof

Libya; or

(iii) any person acting on behalf of the Govem~nt of

Li bya , of public authorilies of Libya or of any entity refe rred

to; n parqraph (ii) .

- person- includes I body or other association of pe rsons,

whether such body or association is corporate or unincorporate.

J . For the r' urpose of subsection (2) of section 3 of the Act,

resolution number 883 adopted by the Secu ri ty Council of the United

Nations on the I1 Novembe r 1993 is published, in the Englilih language,

in the Schedule 10 these reaulmions.

( I)

Notwith standing any otiler law -

(a) funds and otiler fi nancial rcSOUTCe$ (including funds

derived or generated from property) Dlmed or controlled. directly

or indirectly . by tile Government of Libya or pu blic au thorities of

Libya or any LibyHJ, undcnaking ~all be fro:ze n. and shalt not be

made available. directly or indirectly. to or for the benefit of the

Government of Libya or pu.bli~ authoritin of Libya or any Libyan

un<krlaking

(b) nocitizenofMaltaand noperson in Mall. shall make any

hinds o r financial rellOUn:es available. directly or indirectly. to or

for the benefit of the Government of Ubya or public aut horities of

Libya or any tibyan undertaking.

(2) The provisions of sub-paragraphs (a) I nd (b) of the

foreg<:ling paragraphs shall not apply to funds and other financial

resoun:es derived from the sale or supply of any petroleum or petrokum

products, including na tural gas and natural gas prodUClli, or agrieullural

products or commodities. originating in Libya and eJported therdrom

after the 1 December 1991. provided tllat such funds andothel financial

resource$ are paid into separate bank aoc:ounlS exclusively for these

funds.

(l) Notwithslanding any other law, no citizen of Malta and

no pelliOn ,n Malu, shall -

(a) conduct 1nl' c:ommucial transactions with Libyan Arab

Airlines. indlldingllle honouring or endo~ ment of any tickets or

other documents issued by the said airlille;

(b) supply any materi als destined for the construction,

im provement or maintenance of Ubyan ~ivi l ian or military airfieldS

and associated facil iTies and equipmenT, or any engineering or

oThel services or components destined for the maintenance of any

Li byan civi l or military airfields or lliWciated facilities and

equipment , e.llcept emergency equipment and equipment and

services directly related to civilian ur traffic control ;

(c)

give lltiiv.:;e , -UtllI1Oe or training TO Libyan pilots, flight

engi~ rs,

or air<nft and ground maintenance personnel

associated with The operation of aircraft and airfields within Libya;

(d)

.enew any direct insu rance for tibyan aircraft; or

(e) eOler imo or rentw arrange ments for making avai lable,

for operation wit hin Wbya, any aircraft or aircrafT components or

for providing engineering or maintenance servicing of any aircraft

or aircraft components wiThi n Libya.

(4) All permits and licences issued in oonllection with the

operation of Libyan Arab Airline offices shall, upon thedemand of the

au thorities responsible for the issue of such permits or Iioences , be

suspended. and thereafter such offlOCli shall remain compleTely closed.

(5) Any oonttaCl. agrttmen t or arrangement entered into in

violation of tile provisions of Ihis n:gul"ion shall, for 1111 intents and

purposes of law, be null and void ,

(6) NOIwithstandinl any other law no claim sllall lie at the

instance of the Governmen t of Libya, or of any Libyan national, or of

any Lihyan undert aking. or of any person daiminllhrou&iJ or for the

benefit of any sueh person or underlBki ng, in OOfInection with Iny

contract or any other transaction or commercial operation where its

performance was affected by reason of the measures Imposed by or

pu rsuant 10 these rcgulations .

Any person who conll1l~ncs any provisions of !beK

regulations or who oontravcllCs any rcslnaion, prohibition or

requirement imposed by or under the said regulations fhaL! be guilty of

an offence and shall. OD oonvictioo, be liahle 10 I fine (mU/IQ) not

uoeeding fifty thow.and Maltese Liri .

SCHEDU LE

(Regulation 3)

RESOLUTION 883 (1993) ADOPTED BY THE SECURITY COUNCIL AT

ITS 3212TH MEETING ON 11 N0VEMBER 1993

The Security Council

Reaffirming its resolutions 731 (1992) of 21 January 1992 and 748 (1992) of

31 March 1992.

Deeply concerned that after more than twenty months the Libyan Government

has not fully complied with these resolutions.

Determined to eliminate international terrorism.

Convinced that those responsible for acts of international terrorism must be

brought to justice.

Convinced also that the suppression of acts of international terrorism including

those in which States are directly or indirectly involved is essential for the

maintenance of international peace and security.

Determining in this context that the continued failure by the Libyan

Government to demonstrate by concrete actions its renunciation of terrorism

and in particular its continued failure to respond fully and effectively to the

requests and decisions in resolutions 731 (1992) and 748 (1992) constitute a

threat to international peace and security.

Taking note of the letters to the Secretary-General dated 29 September and 1

October 1993 from the Secretary of the General People's Committee for

Foreign Liaison and International Cooperation of Libya (S/i26523) and his

speech in the General Debate at the forty-eight session of the General

Assembly (A/48/PV.20) in which Libya stated its intention to encourage those

charged with the bombing of Pan Am 103 to appear for trial in Scotland and its

willingness to cooperate with the competent French authorities in the case of

the bombing of UTA 772.

Expressing its gratitude to the Secretary-General for the efforts he has made

pursuant to paragraph 4 of resolution 731 (1992).

Recalling the right of States, under Article 50 of the Charter, to consult the

Security Council where they find themselves confronted with special economic

problems arising from the carrying out of preventive or enforcement measures.

Acting under Chapter VII of the Charter.

1. Demands once again that the Libyan Government comply without any

further delay with resolutions 731 (1992) and 748 (1992);

2. Decides, in order to secure compliance by the Libyan Government with the

decisions of the Council to take the following measures, which shall come into force

at 00.01 EST on 1 December 1993 unless the Secretary-General has reported to the

Council in the terms set out in paragraph 16 below;

3. Decides that all States in which there are funds, or other financial resources

(including funds derived or generated from property) owned or controlled, directly

or indirectly, by

(a) the Government or public authorities of Libya, or

(b) any Libyan undertaking,

shall freeze such funds and financial resources and ensure that neither they nor any

other funds and financial resources are made available, by their nationals or by any

persons within their territory, directly or indirectly, to or for the benefit of the

Government or public authorities of Libya or any Libyan undertaking, which for the

purposes of this paragraph, means any commercial, industrial or public utility

undertaking which is owned or controlled, directly or indirectly, by

(i) the Government or public authorities of Libya,

(ii) any entity, wherever located or organized, owned or controlled by (i), or

(iii) any person identified by States as acting on behalf of (i) or (ii) for the

purposes of this resolution

4. Further decides that the measures imposed by paragraph 3 above do not

apply to funds or other financial resources derived from the sale or supply of any

petroleum or petroleum products, including natural gas and natural gas products or

agricultural products or commodities originating in Libya and exported therefrom

after the time specified in paragraph 2 above, provided that any such funds are paid

into separate bank accounts exclusively for these funds.

5. Decides that all States shall prohibit any provision to Libya by their nationals

or from their territory of the items listed in the annex to this resolution, as well as the

provision of any types of equipment, supplies and grants of licensing arrangements

tor the manufacture or maintenance of such items

Further decides that, in order to make fully effective the provisions of

resolution 748 (1992), all States shall

(a)

require the inmmediate and complete closure of all Libyan Arab

Airlines offices within their territories;

(b)

prohibit any commercial transactions with Libyan Arab Airlines by

their nationals or from their territory, including the honouring or

endorsements of any tickets or other documents issued by that

Airline;

(c)

prohibit, by their nationals or from their territory, the entering into or

renewal of arrangements for

(i)

the making available, for operation within Libya, of any aircraft or

aircraft components, or

(ii)

the provision of engineering or maintenance servicing of any aircraft

or aircraft components within Libya;

(d)

prohibit, by their nationals or from their territory, the supply of any

materials destined for the construction, improvement or maintenance

of Libyan civilian or military airfields and associated facilities and

equipment, or of any engineering or other services or components

destined for the maintenance of any Libyan civil or military airfields

or associate facilities and equipment, except emergency equipment

and equipment and services directly related to civilian air traffic

control;

(e)

prohibit, by their nationals or from their territory, any renewal of any

direct insurance for Libyan aircraft;

Confirms that the decision taken in resolution 748 (1992) that all States shall

significantly reduce the level of the staff at Libyan diplomatic missions and consular

posts includes all missions and posts established since that decision or after the

coming into force of this resolution;

Decides that all States, and the Government of Libya, shall take the

necessary measures to ensure that no claim shall lie at the instance of the

Government or public authorities of Libya, or of any Libyan national, or of any

Libyan undertaking as defined in paragraph 3 of this resolution, or of any person

claiming through or for the benefit of any such person or undertaking in connection

with any contract or other transaction or commercial operation where its

performance was affected by reason of the measures imposed by or pursuant to this

resolution or related resolutions;

Instructs the Committee established by resolution 748 (1992) to draw up

expeditiously guidelines for the implementation of paragraphs 3 to 7 of this

resolution, and to amend and supplement, as appropriate, the guidelines for the

implementation of resolution 748 (1992), especially its paragraph 5 (A);

Entrusts the Committee established by resolution 748 (1992) with the task

of examining possible requests tor assistance under the provisions of Article 50 of

the Charter of the United Nations and making recommendations to the President of

the Security Council for appropriate action;

Affirms that nothing in this resolution affects Libya's duty scrupulously to

adhere to all of its obligations concerning servicing and repayment of its foreign

debt;

Calls upon all States, including States not Members of the United Nations,

and all International Organizations, to act strictly in accordance with the provisions

of the present resolution, notwithstanding the existence of any rights or obligations

conferred or imposed by any international agreement or any contract entered into or

any licence or permit granted prior to the effective time of this resolution;

Requests all States to report to the Secretary-General by 15 January 1994 on

the measures that have instituted for meeting the obligations set out in paragraphs 3

to 7 above

Invites the Secretary-General to continue his role as set out in paragraph 4 of

resolution 731 (1992);

Calls again upon all Member States individually and collectively to

encourage the Libyan Government to respond fully and effectively to the requests

and decisions in resolutions 731 (1992) and 748 (1992);

Expresses its readiness to review the measures set forth above and in

resolution 748 (1992) with a view to suspending the immediately if the Secretary-

General reports to the Council that the Libyan Government has ensured the

appearance of those charged with the bombing of PAN AM 103 for trial before the

appropriate United Kingdom or United States court and has satisfied the French

judicial authorities with respect to the bombing of UTA 772, and with a view to

lifting them immediately when Libya complies fully with the requests and decisions

in resolutions 731 (1992) and 748 (1992); and requests the Secretary-Genera, within

90 days of such suspension, to report to the Council of Libya's compliance with the

remaining provisions of its resolutions 731 (1992) and 748 (1992) and, in the case of

non-compliance, expresses its resolve to terminate immediately the suspension of

these measures;

Decides to remain seized of the matter.

ANNEX

The following are the items referred to in paragraph 5 of this resolution

Pumps of medium or large capacity whose capacity is equal to or larger than

350 cubic metres per hour and drivers (gas turbines and electric motors) designed

for use in the transportation of crude oil and natural gas

Equipment designed for use in crude oil export terminals

Loading buoys or single point moorings (spm)

Flexible hoses for connection between underwater manifolds (plem)

and single point mooring and floating loading hoses of large sizes

(from 12 inch to 16 inch)

Anchor chains

Equipment not specially designed for use in crude oil export terminals but

which because of their large capacity can be used for this purpose

Loading pumps of large capacity (4,000 m3/h) and small head (10

bars)

Boosting pumps within the same range of flow rates

Inline pipe line inspection tools and cleaning devices (i.e. pigging

tools) (16 inch and above)

Metering equipment of large capacity (1,000 m3/h and above)

Refinery equipment

Boilers meeting American Society of Mechanical Engineers 1

standards

Furnaces meeting American Society of Mechanical Engineers 8

standards

Fractionation columns meeting American Society of Mechanical

Engineers 8 standards

Pumps meeting American Petroleum Institute 610 standards

Catalytic reactors meeting American Society of Mechanical

Engineers 8 standards

Prepared catalysts, including the following

Catalysts containing platinum

Catalysts containing molybdenum

Spare parts destined for the items in I to IV above.

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