Enforcement of European Union Sanctions

L.N. 105 of 2011

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions

(Libyan Arab Jamahiriya) Regulations, 2011

IN exercise of the powers conferred by article 3 (2) of the

National Interest (Enabling Powers) Act, the Prime Minister has

made the following regulations:-

The title of these regulations is the Enforcement of Citation.

European Union Sanctions (Libyan Arab Jamahiriya) Regulations,

2011.

In these regulations, unless the context otherwise

requires:–

“the Act” means the National Interest (Enabling Powers)

Act;

“the Council Regulations” means the Council

Regulations referred to in regulation 3;

“Libya” means the Libyan Arab Jamahiriya;

“Monitoring Board” means the Board established

under regulation 2 of the Sanctions (Monitoring Board)

Regulations;

“the Treaty” means the Treaty referred to in article 2 of

the European Union Act.

These regulations apply to the following Council

Regulations

(a) Regulation (EC) No. 204/2011 of 2 March, 2011

concerning restrictive measures in view of the situation in

Libya, whose text is contained in the First Schedule to these

regulations; and

(b) Regulation (EC) No. 233/2011 of 10 March, 2011

implementing Article 16(2) of Regulation (EU) No. 204/2011

concerning restrictive measures in view of the situation in

Libya, whose text is contained in the Second Schedule to

these regulations.

For the purposes of article 3 of the European Union Act,

the Council Regulations are binding in their entirety on Malta and

shall be part of the domestic law thereof under the conditions laid

down in the Treaty.

(1) Where any provision of any regulation made under

the Act, requires any person or any other entity to carry out the

identification of funds or assets belonging toor in the possession of

persons or entities asmay be identified or identifiable under these

regulations, or the freezing or blocking of such funds or assets,

such person or entity shall without delay notify in writing any

relevant information it may have regarding persons,entities, assets

or funds affected by these regulations to the Monitoring Board, or

to such other public authority as may be prescribed by any other

law.

(2) The disclosure of any information within the terms

and requirements of this regulation shall not constitute a breach

of the Professional Secrecy Act, where applicable, or of any other

confidentiality obligation arising from a contract or any other law.

(3) Whosoever fails to abide by the provisions of sub-

regulation (1) shall be guiltyof an offence.

(1) The provisions of regulation 8 shall not apply to

anything done under the authority of a licence issued in writing by

the Minister of Finance.

(2) A licence issued in terms of sub-regulation (1) shall

specify the acts authorised by it and may be:-

(a) general or granted to a category of persons or to a

particular person;

(b)

subject to terms and conditions;

(c)

granted for an indefinite period or for a specified

period.

(3) A licence issued in terms of sub-regulation (1) shall

be subject to being varied or revoked by the Minister of Finance at

his sole discretion and at any time.

(4) When a licence under sub-regulation (1) is issued,

varied or revoked, the Minister of Finance shall

(a) in the case of a licence issued to a particular person,

give notice in writing of the issue, variation or revocation to

that person;

(b) in the case of a general licence or a licence granted

to a category of persons, take such steps as he may consider

appropriate to publicise the issue, variation or revocation of

the licence.

(5) Any person who, for the purpose of obtaining a

licence under sub-regulation (1), knowingly or recklessly: –

(a) provides information that is false in a material

respect, or

(b) provides or produces a document that is not what it

purports to be,

shall be guilty of an offence.

(6) Any person who purports to actunder the authority

of a licence issued undersub-regulation (1) but who fails to comply

with any terms and conditions included in the licence shall be

guilty of an offence

Any person who commits an offence against any Penalty.

provision of the Council Regulation to which these regulations

apply, or against these regulations shall, on conviction, be liable

to imprisonment for a term from twelve months to five years or

to a fine (multa) not exceeding one hundred and sixteen thousand

four hundred and sixty-eight euro (€116,468), or to both such

imprisonment and fine.

First Schedule

Regulation 3(a)

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II

(Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 204/2011

of 2 March 2011

concerning restrictive measures in view of the situation in Libya

trial and the right to the protection of personal data. This

THE COUNCIL OF THE EUROPEAN UNION,

Regulation should be applied in accordance with those

rights.

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

This Regulation also fully respects the obligations of

(4)

Member States under the Charter of the United Nations

and the legally-binding nature of United Nations Security

Having regard to Council Decision 2011/137/CFSP of

Council Resolutions.

28 February 2011 concerning restrictive measures in view of

the situation in Libya, ( 1 ) adopted in accordance with Chapter 2

of Title V of the Treaty on European Union,

The power to amend the lists in Annexes II and III to

(5)

this Regulation should be exercised by the Council, in

view of the specific threat to international peace and

Having regard to the joint proposal from the High Represen­

security posed by Libya, and to ensure consistency with

tative of the Union for Foreign Affairs and Security Policy and

the process for amending and reviewing Annexes III and

the Commission,

IV to Decision 2011/137/CFSP.

Whereas

The procedure for amending the lists in Annexes II and

(6)

III to this Regulation should include providing designated

natural or legal persons, entities or bodies with the

In accordance with UN Council Security Resolution 1970

(1)

grounds for listing, so as to give them an opportunity

(2011) of 26 February 2011, Decision 2011/137/CFSP

to submit observations. Where observations are

provides for an arms embargo, a ban on internal

submitted, or substantial new evidence is presented, the

repression equipment, as well as restrictions on the

Council should review its decision in light of those obser­

admission and the freezing of funds and economic

vations and inform the person, entity or body concerned

resources of certain persons and entities involved in

accordingly.

serious human rights abuses against persons in Libya,

including by being involved in attacks, in violation of

international law, on civilian populations and facilities.

For the implementation of this Regulation, and in order

(7)

Those natural or legal persons and entities are listed in

to create maximum legal certainty within the Union, the

the Annexes to the Decision.

names and other relevant data concerning natural and

legal persons, entities and bodies whose funds and

economic resources must be frozen in accordance with

Some of those measures fall within the scope of the

(2)

this Regulation, must be made public. Any processing of

Treaty on the Functioning of the European Union and

personal data should comply with Regulation (EC)

regulatory action at the level of the Union is therefore

No 45/2001 of the European Parliament and of the

necessary in order to implement them, in particular with

Council of 18 December 2000 on the protection of

a view to ensuring their uniform application by

individuals with regard to the processing of personal

economic operators in all Member States.

data by the Community institutions and bodies and on

the free movement of such data ( 2 ) and Directive

95/46/EC of the European Parliament and of the

This Regulation respects the fundamental rights and

(3)

Council of 24 October 1995 on the protection of indi­

observes the principles recognised in particular by the

viduals with regard to the processing of personal data

Charter of Fundamental Rights of the European Union

and on the free movement of such data ( 3 ).

and notably the right to an effective remedy and to a fair

( 2 ) OJ L 8, 12.1.2001, p. 1.

( 1 ) See page 53 of this Official Journal.

( 3 ) OJ L 281, 23.11.1995, p. 31.

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In order to ensure that the measures provided for in this

(f) ‘Sanctions Committee’ means the Committee of the United

(8)

Regulation are effective, it should enter into force on the

Nations Security Council which was established pursuant to

day of its publication,

paragraph 24 of United Nations Security Council Resolution

(‘UNSCR’) 1970 (2011);

HAS ADOPTED THIS REGULATION

(g) ‘territory of the Union’ means the territories of the Member

States to which the Treaty is applicable, under the

Article 1

conditions laid down in the Treaty, including their airspace.

For the purposes of this Regulation, the following definitions

shall apply

Article 2

1. It shall be prohibited

(a) ‘funds’ means financial assets and benefits of every kind,

including but not limited to

(a) to sell, supply, transfer or export, directly or indirectly,

equipment which might be used for internal repression as

(i) cash, cheques, claims on money, drafts, money orders

listed in Annex I, whether or not originating in the Union,

and other payment instruments;

to any person, entity or body in Libya or for use in Libya;

(ii) deposits with financial institutions or other entities,

balances on accounts, debts and debt obligations;

(b) to participate, knowingly and intentionally, in activities the

object or effect of which is to circumvent the prohibitions

referred to in point (a).

(iii) publicly- and privately-traded securities and debt

instruments, including stocks and shares, certificates

representing securities, bonds, notes, warrants,

2. It shall be prohibited to purchase, import or transport

debentures and derivatives contracts;

from Libya equipment which might be used for internal

repression as listed in Annex I, whether or not the item

concerned originates in Libya.

(iv) interest, dividends or other income on or value

accruing from or generated by assets;

3. Paragraph 1 shall not apply to protective clothing,

including flak jackets and helmets, temporarily exported to

(v) credit, right of set-off, guarantees, performance bonds

Libya by United Nations personnel, personnel of the European

or other financial commitments;

Union or its Member States, representatives of the media and

humanitarian and development workers and associated

(vi) letters of credit, bills of lading, bills of sale;

personnel for their personal use only.

(vii) documents evidencing an interest in funds or financial

4. By way of derogation from paragraph 1, the competent

resources;

authorities in the Member States as listed in Annex IV may

authorise the sale, supply, transfer or export of equipment

which might be used for internal repression, under such

(b) ‘freezing of funds’ means preventing any move, transfer,

conditions as they deem appropriate, if they determine that

alteration, use of, access to, or dealing with funds in any

such equipment is intended solely for humanitarian or

way that would result in any change in their volume,

protective use.

amount, location, ownership, possession, character, desti­

nation or other change that would enable the funds to be

used, including portfolio management;

Article 3

1. It shall be prohibited

(c) ‘economic resources’ means assets of every kind, whether

tangible or intangible, movable or immovable, which are

not funds but may be used to obtain funds, goods or

(a) to provide, directly or indirectly, technical assistance related

services;

to the goods and technology listed in the Common Military

List of the European Union ( 1 ) (Common Military List) or

related to the provision, manufacture, maintenance and use

(d) ‘freezing of economic resources’ means preventing their use

of goods included in that list, to any person, entity or body

to obtain funds, goods or services in any way, including, but

in Libya or for use in Libya;

not limited to, by selling, hiring or mortgaging them;

(b) to provide, directly or indirectly, technical assistance or

(e) ‘technical assistance’ means any technical support related to

brokering services related to equipment which might be

repairs, development, manufacture, assembly, testing, main­

used for internal repression as listed in Annex I, to any

tenance, or any other technical service, and may take forms

person, entity or body in Libya or for use in Libya;

such as instruction, advice, training, the transmission of

working knowledge or skills or consulting services,

including verbal forms of assistance;

( 1 ) OJ C 69, 18.3.2010, p. 19.

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Article 5

(c) to provide, directly or indirectly, financing or financial

assistance related to the goods and technology listed in

1. All funds and economic resources belonging to, owned,

the Common Military List or in Annex I, including in

held or controlled by the natural or legal persons, entities and

particular grants, loans and export credit insurance, for

bodies listed in Annexes II and III shall be frozen.

any sale, supply, transfer or export of such items, or for

any provision of related technical assistance to any person,

entity or body in Libya or for use in Libya;

2. No funds or economic resources shall be made available,

directly or indirectly, to or for the benefit of the natural or legal

persons, entities or bodies listed in Annexes II and III.

(d) to participate, knowingly and intentionally, in activities the

object or effect of which is to circumvent the prohibitions

referred to in points (a) to (c).

3. The participation, knowingly and intentionally, in

activities the object or effect of which is, directly or indirectly,

to circumvent the measures referred to in paragraphs 1 and 2

shall be prohibited.

2. By way of derogation from paragraph 1, the prohibitions

refered to therein shall not apply to the provision of technical

assistance, financing and financial assistance related to non-

lethal military equipment intended solely for humanitarian

Article 6

purposes or protective use, or to other sales and supply of

1. Annex II shall include the natural or legal persons, entities

arms and related material, as approved in advance by the

and bodies designated by the United Nations Security Council

Sanctions Committee.

or by the Sanctions Committee in accordance with paragraph

22 of UNSCR 1970 (2011).

3. By way of derogation from paragraph 1, the competent

2. Annex III shall consist of natural or legal persons, entities

authorities in the Member States, as listed in Annex IV, may

and bodies not covered by Annex II who, in accordance with

authorise the provision of technical assistance, financing and

Article 6(1) of Decision 2011/137/CFSP, have been identified by

financial assistance related to equipment which might be used

the Council as being persons and entities involved in or

for internal repression, under such conditions as they deem

complicit in ordering, controlling, or otherwise directing, the

appropriate, if they determine that such equipment is

commission of serious human rights abuses against persons in

intended solely for humanitarian or protective use.

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, or individuals or entities acting on

their behalf or at their direction, or entities owned or controlled

Article 4

by them.

To prevent the transfer of goods and technology which are

covered by the Common Military List or the supply, sale,

transfer, export or import of which is prohibited by this Regu­

lation, for all goods brought into or leaving the customs

3. Annexes II and III shall include the grounds for the listing

territory of the Union from or to Libya, in addition to the

of listed persons, entities and bodies, as provided by the

rules governing the obligation to provide pre-arrival and pre-

Security Council, or by the Sanctions Committee for Annex II.

departure information as determined in the relevant provisions

concerning entry and exit summary declarations as well as

customs declarations in Regulation (EEC) No 2913/92 of

12 October 1992 establishing the Community Customs

Code ( 1 ), and in Regulation (EEC) No 2454/93 laying down

4. Annexes II and III shall also include, where available,

provisions for the implementation thereof ( 2 ), the person who

information necessary to identify the natural or legal persons,

provides that information shall declare whether the goods are

entities and bodies concerned, as provided by the Security

covered by the Common Military List or by this Regulation and,

Council, or by the Sanctions Committee for Annex II. With

where their export is subject to authorisation, specify the

regard to natural persons, such information may include

particulars of the export licence granted. These additional

names including aliases, date and place of birth, nationality,

elements shall be submitted to the competent customs

passport and ID card numbers, gender, address, if known, and

authorities of the Member State concerned either in written

function or profession. With regard to legal persons, entities

form or using a customs declaration, as appropriate.

and bodies, such information may include names, place and

date of registration, registration number and place of business.

Annex II shall also include the date of designation by the

( 1 ) OJ L 302, 19.10.1992, p. 1.

Security Council or by the Sanctions Committee.

( 2 ) OJ L 253, 11.10.1993, p. 1.

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Article 7

release of certain frozen funds or economic resources, if the

following conditions are met

1. By way of derogation from Article 5, the competent

authorities in the Member States, as identified on the websites

listed in Annex IV, may authorise the release of certain frozen

(a) the funds or economic resources in question are the subject

funds or economic resources, or the making available of certain

of a judicial, administrative or arbitral lien established prior

funds or economic resources, under such conditions as they

to the date on which the person, entity or body referred to

deem appropriate, after having determined that the funds or

in Article 5 was included in Annex II or III, or of a judicial,

economic resources are

administrative or arbitral judgment rendered prior to that

date;

(a) necessary to satisfy the basic needs of persons listed in

Annex II or III, and their dependent family members,

(b) the funds or economic resources in question will be used

including payments for foodstuffs, rent or mortgage,

exclusively to satisfy claims secured by such a lien or

medicines and medical treatment, taxes, insurance

recognised as valid in such a judgment, within the limits

premiums, and public utility charges;

set by applicable laws and regulations governing the rights

of persons having such claims;

(b) intended exclusively for the payment of reasonable profes­

sional fees or the reimbursement of incurred expenses

(c) the lien or judgment is not for the benefit of a person,

associated with the provision of legal services;

entity or body listed in Annex II or III;

(c) intended exclusively for the payment of fees or service

(d) recognising the lien or judgment is not contrary to public

charges for routine holding or maintenance of frozen

policy in the Member State concerned;

funds or economic resources;

(e) where the authorisation concerns a person, entity or body

provided that, where the the authorisation concerns a person,

listed in Annex II, the Sanctions Committee has been

entity or body listed in Annex II, the Member State concerned

notified by the Member State of the lien or judgment, and

has notified the Sanctions Committee of that determination and

its intention to grant an authorisation, and the Sanctions

Committee has not objected to that course of action within

(f) where the authorisation concerns a person, entity or body

five working days of notification.

listed in Annex III, the relevant Member State has informed

the other Member States and the Commission of any auth­

orisation granted.

2. By way of derogation from Article 5, the competent

authorities of the Member States, as indicated on the websites

listed in Annex IV, may authorise the release of certain frozen

Article 9

funds or economic resources, or the making available of certain

1. Article 5(2) shall not apply to the addition to frozen

frozen funds or economic resources, after having determined

accounts of

that the frozen funds or economic resources are. necessary

for extraordinary expenses provided that the following

conditions are met

(a) interest or other earnings on those accounts; or

(a) where the authorisation concerns a person, entity or body

(b) payments due under contracts, agreements or obligations

listed in Annex II, the Sanctions Committee has been

that were concluded or arose before the date on which

notified of that determination by the Member State

the natural or legal person, entity or body referred to in

concerned and the determination has been approved by

Article 5 has been designated by the Sanctions Committee,

that Committee; and

the Security Council or by the Council,

(b) where the authorisation concerns a person, entity or body

provided that any such interest, other earnings and payments

listed in Annex III, the competent authority has notified the

are frozen in accordance with Article 5(1).

grounds on which it considers that a specific authorisation

should be granted to the other competent authorities of the

Member States and to the Commission at least two weeks

2. Article 5(2) shall not prevent financial or credit insti­

before the authorisation.

tutions in the Union from crediting frozen accounts where

they receive funds transferred to the account of a listed

natural or legal person, entity or body, provided that any

Article 8

additions to such accounts will also be frozen. The financial

By way of derogation from Article 5, the competent authorities

or credit institution shall inform the relevant competent

in the Member States, as listed in Annex IV, may authorise the

authority about any such transaction without delay.

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Article 10

Member State in accordance with, as required by or in any

connection with, the implementation of the relevant decisions

By way of derogation from Article 5, and provided that a

of the Security Council or measures covered by this Regulation,

payment by a person, entity or body listed in Annex II or III

shall be granted to the Government of Libya, or any person or

is due under a contract or agreement that was concluded by, or

entity claiming through it or for its benefit.

an obligation that arose for the person, entity or body

concerned, before the date on which that person, entity or

body had been designated, the competent authorities of the

Article 13

Member States, as indicated on the websites listed in Annex

IV, may authorise, under such conditions as they deem appro­

1. Without prejudice to the applicable rules concerning

priate, the release of certain frozen funds or economic

reporting, confidentiality and professional secrecy, natural and

resources, if the following conditions are met

legal persons, entities and bodies shall

(a) the competent authority concerned has determined that

(a) supply immediately any information which would facilitate

compliance with this Regulation, such as accounts and

amounts frozen in accordance with Article 4, to the

competent authority in the Member State where they are

(i) the funds or economic resources shall be used for a

resident or located, as indicated on the websites listed in

payment by a person, entity or body listed in Annex

Annex IV, and shall transmit such information, either

II or III;

directly or through the Member States, to the Commission;

and

(ii) the payment is not in breach of Article 5(2);

(b) cooperate with that competent authority in any verification

of this information.

(b) where the authorisation concerns a person, entity or body

listed in Annex II, the Sanctions Committee has been

notified by the relevant Member State of the intention to

2. Any information provided or received in accordance with

grant an authorisation ten working days in advance;

this Article shall be used only for the purposes for which it was

provided or received.

(c) where the authorisation concerns a person, entity or body

listed in Annex III, the Member State concerned has, at least

Article 14

two weeks prior to the grant of the authorisation, notified

the other Member States and the Commission of that deter­

Member States and the Commission shall immediately inform

mination and its intention to grant an authorisation.

each other of the measures taken under this Regulation and

shall supply each other with any other relevant information at

their disposal in connection with this Regulation, in particular

information in respect of violation and enforcement problems

Article 11

and judgments handed down by national courts.

1. The freezing of funds and economic resources or the

refusal to make funds or economic resources available, carried

out in good faith on the basis that such action is in accordance

Article 15

with this Regulation, shall not give rise to liability of any kind

on the part of the natural or legal person or entity or body

The Commission shall be empowered to amend Annex IV on

implementing it, or its directors or employees, unless it is

the basis of information supplied by Member States.

proved that the funds and economic resources were frozen or

withheld as a result of negligence.

Article 16

1. Where the Security Council or the Sanctions Committee

2. The prohibition set out in Article 5(2) shall not give rise

lists a natural or legal person, entity or body, the Council shall

to any liability of any kind on the part of the natural and legal

include such natural or legal person, entity or body in Annex II.

persons, entities and bodies who made funds or economic

resources available if they did not know, and had no reasonable

cause to suspect, that their actions would infringe the

2. Where the Council decides to subject a natural or legal

prohibition in question.

person, entity or body to the measures referred to in

Article 5(1), it shall amend Annex III accordingly.

Article 12

No claims, including for compensation or any other claim of

3. The Council shall communicate its decision, including the

this kind, such as a claim of set-off or a claim under a

grounds for listing, to the natural or legal person, entity or body

guarantee, in connection with any contract or transaction the

referred to in paragraphs 1 and 2, either directly, if the address

performance of which was affected, directly or indirectly, wholly

is known, or through the publication of a notice, providing

or in part, by reason of measures decided upon pursuant to

such natural or legal person, entity or body with an opportunity

UNSCR 1970 (2011), including measures of the Union or any

to present observations.

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4. Where observations are submitted, or where substantial

address and other contact details to be used for such communi­

new evidence is presented, the Council shall review its

cation shall be those indicated in Annex IV.

decision and inform the natural or legal person, entity or

body accordingly.

Article 19

5. Where the United Nations decides to delist a natural or

This Regulation shall apply

legal person, entity or body, or to amend the identifying data of

a listed natural or legal person, entity or body, the Council shall

(a) within the territory of the Union, including its airspace;

amend Annex II accordingly.

6. The list in Annex III shall be reviewed in regular intervals

(b) on board any aircraft or any vessel under the jurisdiction of

and at least every 12 months.

a Member State;

Article 17

(c) to any person inside or outside the territory of the Union

1. Member States shall lay down the rules on penalties

who is a national of a Member State;

applicable to infringements of the provisions of this Regulation

and shall take all measures necessary to ensure that they are

(d) to any legal person, entity or body which is incorporated or

implemented. The penalties provided for must be effective,

constituted under the law of a Member State;

proportionate and dissuasive.

2. Member States shall notify the Commission of those rules

(e) to any legal person, entity or body in respect of any

without delay after the entry into force of this Regulation and

business done in whole or in part within the Union.

shall notify it of any subsequent amendment.

Article 18

Article 20

Where there is, in this Regulation, a requirement to notify,

This Regulation shall enter into force on the day of its publi­

cation in the Official Journal of the European Union.

inform or otherwise communicate with the Commission, the

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 2 March 2011.

For the Council

The President

MARTONYI J.

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ANNEX I

List of equipment which might be used for internal repression as referred to in Articles 2, 3 and 4

1. Firearms, ammunition and related accessories therefor, as follows

1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union ( 1 ) (Common

Military List);

1.2 Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;

1.3 Weapon-sights not controlled by the Common Military List.

2. Bombs and grenades not controlled by the Common Military List.

3. Vehicles as follows

3.1 Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;

3.2 Vehicles specially designed or modified to be electrified to repel borders;

3.3 Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic

protection;

3.4 Vehicles specially designed for the transport or transfer of prisoners and/or detainees;

3.5 Vehicles specially designed to deploy mobile barriers;

3.6 Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.

Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting.

Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers.

4. Explosive substances and related equipment as follows

4.1 Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including

firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except

those specially designed for a specific commercial use consisting of the actuation or operation by explosive

means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag

inflaters, electric-surge arresters of fire sprinkler actuators);

4.2 Linear cutting explosive charges not controlled by the Common Military List;

4.3 Other explosives not controlled by the Common Military List and related substances as follows

(a) amatol;

(b) nitrocellulose (containing more than 12,5 % nitrogen);

(c) nitroglycol;

(d) pentaerythritol tetranitrate (PETN);

(e) picryl chloride;

(f) 2,4,6-trinitrotoluene (TNT).

( 1 ) OJ C 69, 18.3.2010, p. 19.

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5. Protective equipment not controlled by ML 13 of the Common Military List as follows

5.1 Body armour providing ballistic and/or stabbing protection;

5.2 Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic

shields.

Note: This item does not control

— equipment specially designed for sports activities;

— equipment specially designed for safety of work requirements.

6. Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms,

and specially designed software therefor.

7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common

Military List.

Razor barbed wire.

Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.

Production equipment specially designed for the items specified in this list.

Specific technology for the development, production or use of the items specified in this list.

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ANNEX II

List of natural and legal persons, entities or bodies referred to in Article 6(1)

1. QADHAFI, Aisha Muammar

Date of birth: 1978. Place of birth: Tripoli, Libya.

Daughter of Muammar QADHAFI. Closeness of association with regime.

Date of UN designation: 26.2.2011.

2. QADHAFI, Hannibal Muammar

Passport number: B/002210. Date of birth: 20.9.1975. Place of birth: Tripoli, Libya.

Son of Muammar QADHAFI. Closeness of association with regime.

Date of UN designation: 26.2.2011.

3. QADHAFI, Khamis Muammar

Date of birth: 1978. Place of birth: Tripoli, Libya.

Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in repression

of demonstrations.

Date of UN designation: 26.2.2011.

4. QADHAFI, Muammar Mohammed Abu Minyar

Date of birth: 1942. Place of birth: Sirte, Libya.

Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of demon­

strations, human rights abuses.

Date of UN designation: 26.2.2011.

5. QADHAFI, Mutassim

Date of birth: 1976. Place of birth: Tripoli, Libya.

National Security Adviser. Son of Muammar QADHAFI. Closeness of association with regime.

Date of UN designation: 26.2.2011.

6. QADHAFI, Saif al-Islam

Director, Qadhafi Foundation. Passport number: B014995. Date of birth: 25.6.1972.

Place of birth: Tripoli, Libya.

Son of Muammar QADHAFI. Closeness of association with regime. Inflammatory public statements encouraging

violence against demonstrators.

Date of UN designation: 26.2.2011.

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L 58/10

Official Journal of the European Union

3.3.2011

ANNEX III

List of natural and legal persons, entities or bodies referred to in Article 6(2)

Name

Identifying information

Reasons

Date of listing

1. ABDULHAFIZ,

Position: Armed Forces

3rd in command of Armed Forces.

2.2011

Colonel Mas'ud

Commander

Significant role in Military Intelligence.

Prominent Revolutionary Committee

28.2.2011

2. ABDUSSALAM,

Position: Head Counter-

Abdussalam

Terrorism, External Security

member. Close associate of Muammar

Mohammed

Organisation

QADHAFI.

Date of Birth: 1952

Place of Birth: Tripoli, Libya

3. ABU SHAARIYA

Position: Deputy Head,

Prominent member of regime. Brother-

28.2.2011

External Security

in-law of Muammar QADHAFI.

Organisation

4. ASHKAL, Al-Barrani

Position: Deputy Director,

Senior member of regime.

28.2.2011

Military Intelligence

5. ASHKAL, Omar

Position: Head,

Revolutionary Committees involved in

28.2.2011

Revolutionary Committees

violence against demonstrators.

Movement

Place of Birth: Sirte, Libya

28.2.2011

6. AL-BAGHDADI, Dr

Position: Head of the Liaison

Revolutionary Committees involved in

Abdulqader Mohammed

Office of the Revolutionary

violence against demonstrators.

Committees

Passsport No: B010574

Date of Birth: 01/07/1950

28.2.2011

7. DIBRI, Abdulqader

Position: Head of Muammar

Responsibility for regime security.

Yusef

QADHAFI's personal

History of directing violence against

security

dissidents.

Date of Birth: 1946

Place of Birth: Houn, Libya

8. DORDA, Abu Zayd

Position: Director, External

Regime loyalist. Head of external intel­

28.2.2011

Umar

Security Organisation

ligence agency.

9. JABIR, Major General

Position: Defence Minister

Overall responsibility for actions of

28.2.2011

Abu Bakr Yunis

Date of Birth: 1952

armed forces.

Place of Birth: Jalo, Libya

10. MATUQ, Matuq

Position: Secretary for

Senior member of regime. Involvement

28.2.2011

Mohammed

Utilities

with Revolutionay Committees. Past

Date of Birth: 1956

history of involvement in suppression

Place of Birth: Khoms

of dissent and violence.

11. QADHAF AL-DAM,

Date of Birth: 1952

Cousin of Muammar QADHAFI. Since

28.2.2011

Ahmed Mohammed

Place of Birth: Egypt

1995, he is believed to have had

command of an elite army battalion in

charge of Qadhafi's personal security

and to have a key role in External

Security Organisation. He has been

involved in planning operations

against Libyan dissidents abroad and

was directly involved in terrorist

activity.

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Official Journal of the European Union

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Name

Identifying information

Reasons

Date of listing

12. QADHAF AL-DAM,

Date of Birth: 1948

Cousin of Muammar QADHAFI. In the

28.2.2011

Sayyid Mohammed

Place of Birth: Sirte, Libya

1980s, Sayyid was involved in the

dissident assassination campaign and

allegedly responsible for several deaths

in Europe. He is also thought to have

been involved in arms procurement.

13. QADHAFI, Mohammed

Position: Chairman of Libya's

Son of Muammar QADHAFI. Closeness

28.2.2011

Muammar

General Post and

of association with regime.

Telecommunications

Company

Date of Birth: 1970

Place of Birth: Tripoli, Libya

14. QADHAFI, Saadi

Position: Commander

Son of Muammar QADHAFI. Closeness

28.2.2011

Special Forces

of association with regime. Command

Passport No. 014797

of military units involved in repression

Date of Birth: 25/05/1973

of demonstrations.

Place of Birth: Tripoli, Libya

15. QADHAFI, Saif al-Arab

Date of Birth: 1982

Son of Muammar QADHAFI. Closeness

28.2.2011

Place of Birth: Tripoli, Libya

of association with regime.

16. AL-SENUSSI, Colonel

Position: Director Military

Military Intelligence involvement in

28.2.2011

Abdullah (Al-Megrahi)

Intelligence

suppression of demonstrations. Past

Date of Birth: 1949

history

includes

suspicion

of

Place of Birth: Sudan

involvement in Abu Selim prison

massacre. Convicted in absentia for

bomboing of UTA flight. Brother -in-

law of Muammar QADHAFI.

17. AL-BARASSI, Safia

Date of birth: 1952

Wife of Muammar QADHAFI.

28.2.2011

Farkash

Place of birth: Al Bayda,

Closeness of association with regime.

Libya

18. SALEH, Bachir

Date of birth: 1946

Head of Cabinet of the Leader.

28.2.2011

Place of birth: Traghen

Closeness of association with regime.

19. General TOHAMI,

Date of birth: 1946

Director of Internal Security Office.

28.2.2011

Khaled

Place of birth: Genzur

Closeness of association with regime.

20. FARKASH, Mohammed

Date of birth: 1 July 1949

Director of intelligence in External

28.2.2011

Boucharaya

Place of birth: Al-Bayda

Security Office.

Closeness of association with regime.

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EN

Official Journal of the European Union

ANNEX IV

List of competent authorities in the Member States referred to in Articles 7(1), 8(1), 10 and 13(1) and address

for notifications to the European Commission

A. Competent authorities in each Member State

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

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Official Journal of the European Union

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

B. Address for notifications to or other communication with the European Commission

European Commission

Foreign Policy Instruments Service

CHAR 12/106

B-1049 Bruxelles/Brussel

Belgium

E-mail: relex-sanctions@ec.europa.eu

Tel.: (32 2) 295 55 85

Fax: (32 2) 299 08 73

B

Second Schedule

Regulation 3(b)

EN

Official Journal of the European Union

II

(Non-legislative acts)

REGULATIONS

COUNCIL IMPLEMENTING REGULATION (EU) No 233/2011

of 10 March 2011

implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in

view of the situation in Libya

persons and entities subject to restrictive measures as

THE COUNCIL OF THE EUROPEAN UNION,

set out in Annex III to that Regulation,

Having regard to Council Regulation (EU) No 204/2011 of

2 March 2011 concerning restrictive measures in view of the

HAS ADOPTED THIS REGULATION

situation in Libya ( 1 ), and in particular Article 16(2) thereof,

Article 1

The persons and entities listed in the Annex to this Regulation

On 2 March 2011, the Council adopted Regulation (EU)

shall be included in Annex III to Regulation (EU) No 204/2011.

(1)

No 204/2011 concerning restrictive measures in view of

the situation in Libya.

Article 2

In view of the gravity of the situation in Libya, additional

This Regulation shall enter into force on the day of its

(2)

publication in the Official Journal of the European Union.

persons and entities should be included in the list of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 March 2011.

For the Council

The President

MARTONYI J.

( 1 ) OJ L 58, 3.3.2011, p. 1.

B

EN

Official Journal of the European Union

ANNEX

Persons and entities referred to in Article 1

Persons

Name

Identifying information

Reasons

Date of listing

1. Mr. Mustafa Zarti

born on 29 March 1970,

Closeness of association with regime

( 1 )

Austrian citizen (passport

and vice chief executive of “Libyan

no. P1362998, valid from

Investment Authority”, board member

6 November 2006 until

of the National Oil Corporation, head

5 November 2016)

of oil company “Tamoil” and vice

chairman of First Energy Bank in

Bahrain.

Entities

Name

Identifying information

Reasons

Date of listing

1. Central Bank of Libya

Under control of Muammar Qadhafi

( 1 )

(CBL)

and his family, and potential source of

funding for his regime.

2. Libya Africa Investment

Jamahiriya Street, LAP

Under control of Muammar Qadhafi

( 1 )

Portfolio

Building, PO Box 91330,

and his family, and potential source of

Tripoli, Libya

funding for his regime.

3. Libyan Foreign Bank

Under control of Muammar Qadhafi

( 1 )

and his family and a potential source

of funding for his regime.

4. Libyan Housing and

Tajora, Tripoli, Libya

Under control of Muammar Qadhafi

( 1 )

Infrastructure Board

Legislation number

and his family, and potential source of

(HIB)

60/2006 by Libyan General

funding for his regime.

People’s Committee

Tel: +218 21 369 1840,

Fax: +218 21 369 6447

http://www.hib.org.ly

5. Libyan Investment

I Fateh Tower Office No.99

Under control of Muammar Qadhafi

( 1 )

22nd Floor, Borgaida Street,

and his family, and potential source of

Authority (LIA, a.k.a.

Libyan Arab Foreign

Tripoli, 1103 Libya,

funding for his regime.

Investment Company

Phone: 218 21 336 2091,

(LAFICO))

fax: 218 21 336 2082,

www.lia.ly

( 1 ) Date of Adoption

€1.68