United Nations Sanctions (Libyan Arab Jamahiriya) (libyanarabjamahiriya)

L.N. 116 of 2011

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Libyan Arab Jamahiriya)

(Further Sanctions) Regulations, 2011

IN exercise of the powers conferred by article 3 of the National

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

following regulations:-

The title of these regulations is the United Nations Citation.

Sanctions (Libyan Arab Jamahirija) (Further Sanctions) Regulations.

Resolution 1973 (2011)

Adopted by the Security Council at its 6498th meeting, on 17 March 2011

The Security Council,

Recalling its resolution 1970 (2011) of 26 February 2011,

Deploring the failure of the Libyan authorities to comply with resolution

1970 (2011),

Expressing grave concern at the deteriorating situation, the escalation of

violence, and the heavy civilian casualties,

Reiterating the responsibility of the Libyan authorities to protect the Libyan

population and reaffirming that parties to armed conflicts bear the primary

responsibility to take all feasible steps to ensure the protection of civilians,

Condemning the gross and systematic violation of human rights, including

arbitrary detentions, enforced disappearances, torture and summary executions,

Further condemning acts of violence and intimidation committed by the

Libyan authorities against journalists, media professionals and associated

personnel and urging these authorities to comply with their obligations under

international humanitarian law as outlined in resolution 1738 (2006),

Considering that the widespread and systematic attacks currently taking

place in the Libyan Arab Jamahiriya against the civilian population may amount to

crimes against humanity,

Recalling paragraph 26 of resolution 1970 (2011) in which the Council

expressed its readiness to consider taking additional appropriate measures, as

necessary, to facilitate and support the return of humanitarian agencies and make

available humanitarian and related assistance in the Libyan Arab Jamahiriya,

Expressing its determination to ensure the protection of civilians and civilian

populated areas and the rapid and unimpeded passage of humanitarian

assistance and the safety of humanitarian personnel,

Recalling the condemnation by the League of Arab States, the African Union,

and the Secretary General of the Organization of the Islamic Conference of the

serious violations of human rights and international humanitarian law that have

been and are being committed in the Libyan Arab Jamahiriya,

Taking note of the final communiqué of the Organisation of the Islamic

Conference of 8 March 2011, and the communiqué of the Peace and Security

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Council of the African Union of 10 March 2011 which established an ad hoc High

Level Committee on Libya,

Taking note also of the decision of the Council of the League of Arab States

of 12 March 2011 to call for the imposition of a no-fly zone on Libyan military

aviation, and to establish safe areas in places exposed to shelling as a

precautionary measure that allows the protection of the Libyan people and foreign

nationals residing in the Libyan Arab Jamahiriya,

Taking note further of the Secretary-General’s call on 16 March 2011 for an

immediate cease-fire,

Recalling its decision to refer the situation in the Libyan Arab Jamahiriya

since 15 February 2011 to the Prosecutor of the International Criminal Court, and

stressing that those responsible for or complicit in attacks targeting the civilian

population, including aerial and naval attacks, must be held to account,

Reiterating its concern at the plight of refugees and foreign workers forced to

flee the violence in the Libyan Arab Jamahiriya, welcoming the response of

neighbouring States, in particular Tunisia and Egypt, to address the needs of those

refugees and foreign workers, and calling on the international community to

support those efforts,

Deploring the continuing use of mercenaries by the Libyan authorities,

Considering that the establishment of a ban on all flights in the airspace of

the Libyan Arab Jamahiriya constitutes an important element for the protection of

civilians as well as the safety of the delivery of humanitarian assistance and a

decisive step for the cessation of hostilities in Libya,

Expressing concern also for the safety of foreign nationals and their rights in

the Libyan Arab Jamahiriya,

Welcoming the appointment by the Secretary General of his Special Envoy to

Libya, Mr. Abdel-Elah Mohamed Al-Khatib and supporting his efforts to find a

sustainable and peaceful solution to the crisis in the Libyan Arab Jamahiriya,

Reaffirming its strong commitment to the sovereignty, independence,

territorial integrity and national unity of the Libyan Arab Jamahiriya,

Determining that the situation in the Libyan Arab Jamahiriya continues to

constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Demands the immediate establishment of a cease-fire and a complete

end to violence and all attacks against, and abuses of, civilians;

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2. Stresses the need to intensify efforts to find a solution to the crisis which

responds to the legitimate demands of the Libyan people and notes the decisions of

the Secretary-General to send his Special Envoy to Libya and of the Peace and

Security Council of the African Union to send its ad hoc High Level Committee to

Libya with the aim of facilitating dialogue to lead to the political reforms

necessary to find a peaceful and sustainable solution;

3. Demands that the Libyan authorities comply with their obligations

under international law, including international humanitarian law, human rights

and refugee law and take all measures to protect civilians and meet their basic

needs, and to ensure the rapid and unimpeded passage of humanitarian assistance;

Protection of civilians

4. Authorizes Member States that have notified the Secretary-General,

acting nationally or through regional organizations or arrangements, and acting in

cooperation with the Secretary-General, to take all necessary measures,

notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians and

civilian populated areas under threat of attack in the Libyan Arab Jamahiriya,

including Benghazi, while excluding a foreign occupation force of any form on

any part of Libyan territory, and requests the Member States concerned to inform

the Secretary-General immediately of the measures they take pursuant to the

authorization conferred by this paragraph which shall be immediately reported to

the Security Council;

5. Recognizes the important role of the League of Arab States in matters

relating to the maintenance of international peace and security in the region, and

bearing in mind Chapter VIII of the Charter of the United Nations, requests the

Member States of the League of Arab States to cooperate with other Member

States in the implementation of paragraph 4;

No Fly Zone

6. Decides to establish a ban on all flights in the airspace of the Libyan

Arab Jamahiriya in order to help protect civilians;

7. Decides further that the ban imposed by paragraph 6 shall not apply to

flights whose sole purpose is humanitarian, such as delivering or facilitating the

delivery of assistance, including medical supplies, food, humanitarian workers and

related assistance, or evacuating foreign nationals from the Libyan Arab

Jamahiriya, nor shall it apply to flights authorised by paragraphs 4 or 8, nor other

flights which are deemed necessary by States acting under the authorisation

conferred in paragraph 8 to be for the benefit of the Libyan people, and that these

flights shall be coordinated with any mechanism established under paragraph 8;

8. Authorizes Member States that have notified the Secretary-General and

the Secretary-General of the League of Arab States, acting nationally or through

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regional organizations or arrangements, to take all necessary measures to enforce

compliance with the ban on flights imposed by paragraph 6 above, as necessary,

and requests the States concerned in cooperation with the League of Arab States to

coordinate closely with the Secretary General on the measures they are taking to

implement this ban, including by establishing an appropriate mechanism for

implementing the provisions of paragraphs 6 and 7 above,

9. Calls upon all Member States, acting nationally or through regional

organizations or arrangements, to provide assistance, including any necessary

overflight approvals, for the purposes of implementing paragraphs 4, 6, 7 and 8

above;

10. Requests the Member States concerned to coordinate closely with each

other and the Secretary-General on the measures they are taking to implement

paragraphs 4, 6, 7 and 8 above, including practical measures for the monitoring

and approval of authorised humanitarian or evacuation flights;

In these regulations, unless the context otherwise requires - Interpretation.

"Annex I" means Annex I to the Resolution referred to in

regulation 3;

"Annex II" means Annex II to the Resolution referred to in

regulation 3;

"Resolution 1970 (2011)" means Resolution number 1970

(2011) adopted by the Security Council of the United Nations on the

26th February, 2011;

"the Act" means the National Interest (Enabling Powers) Act;

"the Committee" means the Committee of the Security Council

of the United Nations established pursuant to paragraph 24 of

Resolution 1970 (2011);

"the Resolution" means the Resolution referred to in regulation

"the Security Council" means the Security Council of the United

Nations;

"Monitoring Board” means the Board established under

regulation 2 of the Sanctions (Monitoring Board) Regulations;

"weapons" means arms proper as defined in article 64(1) of the

Criminal Code and includes every component part thereof and any Cap. 9.

accessory thereto.

For the purpose of article 3(4) of the Act, Resolution

number 1973 (2011) adopted by the Security Council of the United

Nations on the 17th March, 2011 is published in the English language

in the Schedule.

Saving the provisions of regulation 4 of the United Nations

(Libyan Arab Jamahirija) Regulations, it shall be lawful to carry out

inspections in Malta, on the high seas, vessels and aircraft bound to

and from the Libyan Arab Jamahiriya, by the competent authorities,

as may be nominated by the Monitoring Board, upon a reasonable

suspicion that there exists cargo, containing items the supply, sale,

transfer or export of which is prohibited by paragraphs 9 and 10 of

Resolution 1970 (2011) as modified by the Resolution, including the

provision of armed mercenary personnel.

(1) Saving the provisions of regulation 8 of the United

Nations (Libyan Arab Jamahirija) Regulations -

(a)

any funds, other financial assets and economic

resources, which are owned or controlled, directly or indirectly,

by the Libyan authorities, as designated by the Committee, or

by individuals or entities acting on their behalf or at their

direction, or by entities owned or controlled by them, as

designated by the Committee, shall immediately be subject to

freezing and shall remain so until such time as the Committee

provides otherwise;

(b) it shall be an offence for any citizen of Malta or any

person in Malta to make available any funds, other financial

assets or economic resources to or for the benefit of the Libyan

authorities, as designated by the Committee, or individuals or

entities acting on their behalf or at their direction, or entities

owned or controlled by them, as may be designated by the

Committee from time to time.

(2) The provisions of regulation 8 of the United Nations

(Libyan Arab Jamahirija) Regulations shall, mutatis mutandis, apply

to any funds, other financial assets and economic resources, including

interests or other earnings due on those accounts or payments due

under contracts, agreements or obligations, which are owned or

controlled, directly or indirectly, by the individuals and entities listed

in Annex II of the Resolution.

It shall be an offence for any citizen of Malta or any person

in Malta to conduct business with entities incorporated in the Libyan

Arab Jamahiriya or subject to its jurisdiction, and with any

individuals or entities acting on their behalf or at their direction, and

with entities owned or controlled by them, knowing or suspecting that

such business could contribute to violence and to the use of force

against civilians.

The provisions of regulation 7 of the United Nations Entry into or

(Libyan Arab Jamahirija) Regulations shall, mutatis mutandis, apply transit

Malta.

to the entry into or transit through the territory of Malta of the S.L. 365.33

individuals listed in Annex I of the Resolution.

The provisions of regulations 7 and 8 of the United Applicability of

Nations (Libyan Arab Jamahirija) Regulations shall, mutatis certain

regulations and

mutandis, apply to individuals and entities as may be determined by construction

references to

the Security Council or the Committee to have violated the provisions Annexes.

of the Resolution or who have aided and abetted others in so doing, S.L. 365.33

and any reference, in the said regulations 7 and 8, to Annex I and

Annex II of Resolution 1970 (2011) shall, for the purposes of these

Regulations, be construed as a reference to Annex I and Annex II

respectively of the Resolution.

The provisions of regulations 9 and 10 of the United Notification

Nations (Libyan Arab Jamahirija) Regulations shall, mutatis about

of assets.

mutandis, apply to these Regulations.

Any person found guilty of an offence against these Penalty.

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.

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Decides that the Member States concerned shall inform the Secretary-

General and the Secretary-General of the League of Arab States immediately of

measures taken in exercise of the authority conferred by paragraph 8 above,

including to supply a concept of operations;

Requests the Secretary-General to inform the Council immediately of

any actions taken by the Member States concerned in exercise of the authority

conferred by paragraph 8 above and to report to the Council within 7 days and

every month thereafter on the implementation of this resolution, including

information on any violations of the flight ban imposed by paragraph 6 above;

Enforcement of the arms embargo

Decides that paragraph 11 of resolution 1970 (2011) shall be replaced

by the following paragraph : “Calls upon all Member States, in particular States of

the region, acting nationally or through regional organisations or arrangements, in

order to ensure strict implementation of the arms embargo established by

paragraphs 9 and 10 of resolution 1970 (2011), to inspect in their territory,

including seaports and airports, and on the high seas, vessels and aircraft bound to

or from the Libyan Arab Jamahiriya, if the State concerned has information that

provides reasonable grounds to believe that the cargo contains items the supply,

sale, transfer or export of which is prohibited by paragraphs 9 or 10 of resolution

1970 (2011) as modified by this resolution, including the provision of armed

mercenary personnel, calls upon all flag States of such vessels and aircraft to

cooperate with such inspections and authorises Member States to use all measures

commensurate to the specific circumstances to carry out such inspections”;

Requests Member States which are taking action under paragraph 13

above on the high seas to coordinate closely with each other and the Secretary-

General and further requests the States concerned to inform the Secretary-General

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and the Committee established pursuant to paragraph 24 of resolution 1970 (2011)

(“the Committee”) immediately of measures taken in the exercise of the authority

conferred by paragraph 13 above;

Requires any Member State whether acting nationally or through

regional organisations or arrangements, when it undertakes an inspection pursuant

to paragraph 13 above, to submit promptly an initial written report to the

Committee containing, in particular, explanation of the grounds for the inspection,

the results of such inspection, and whether or not cooperation was provided, and, if

prohibited items for transfer are found, further requires such Member States to

submit to the Committee, at a later stage, a subsequent written report containing

relevant details on the inspection, seizure, and disposal, and relevant details of the

transfer, including a description of the items, their origin and intended destination,

if this information is not in the initial report;

Deplores the continuing flows of mercenaries into the Libyan Arab

Jamahiriya and calls upon all Member States to comply strictly with their

obligations under paragraph 9 of resolution 1970 (2011) to prevent the provision of

armed mercenary personnel to the Libyan Arab Jamahiriya;

Ban on flights

Decides that all States shall deny permission to any aircraft registered in

the Libyan Arab Jamahiriya or owned or operated by Libyan nationals or

companies to take off from, land in or overfly their territory unless the particular

flight has been approved in advance by the Committee, or in the case of an

emergency landing;

Decides that all States shall deny permission to any aircraft to take off

from, land in or overfly their territory, if they have information that provides

reasonable grounds to believe that the aircraft contains items the supply, sale,

transfer, or export of which is prohibited by paragraphs 9 and 10 of resolution 1970

(2011) as modified by this resolution, including the provision of armed mercenary

personnel, except in the case of an emergency landing;

Asset freeze

Decides that the asset freeze imposed by paragraph 17, 19, 20 and 21 of

resolution 1970 (2011) shall apply to all funds, other financial assets and economic

resources which are on their territories, which are owned or controlled, directly or

indirectly, by the Libyan authorities, as designated by the Committee, or by

individuals or entities acting on their behalf or at their direction, or by entities

owned or controlled by them, as designated by the Committee, and decides further

that all States shall ensure that any funds, financial assets or economic resources

are prevented from being made available by their nationals or by any individuals

or entities within their territories, to or for the benefit of the Libyan authorities, as

designated by the Committee, or individuals or entities acting on their behalf or at

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their direction, or entities owned or controlled by them, as designated by the

Committee, and directs the Committee to designate such Libyan authorities,

individuals or entities within 30 days of the date of the adoption of this resolution

and as appropriate thereafter;

Affirms its determination to ensure that assets frozen pursuant to

paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible be

made available to and for the benefit of the people of the Libyan Arab Jamahiriya;

Decides that all States shall require their nationals, persons subject to

their jurisdiction and firms incorporated in their territory or subject to their

jurisdiction to exercise vigilance when doing business with entities incorporated in

the Libyan Arab Jamahiriya or subject to its jurisdiction, and any individuals or

entities acting on their behalf or at their direction, and entities owned or controlled

by them, if the States have information that provides reasonable grounds to believe

that such business could contribute to violence and use of force against civilians;

Designations

Decides that the individuals listed in Annex I shall be subject to the

travel restrictions imposed in paragraphs 15 and 16 of resolution 1970 (2011), and

decides further that the individuals and entities listed in Annex II shall be subject

to the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970

(2011);

Decides that the measures specified in paragraphs 15, 16, 17, 19, 20 and

21 of resolution 1970 (2011) shall apply also to individuals and entities determined

by the Council or the Committee to have violated the provisions of resolution 1970

(2011), particularly paragraphs 9 and 10 thereof, or to have assisted others in doing

so;

Panel of Experts

Requests the Secretary-General to create for an initial period of one

year, in consultation with the Committee, a group of up to eight experts (“Panel of

Experts”), under the direction of the Committee to carry out the following tasks

(a)

Assist the Committee in carrying out its mandate as specified in

paragraph 24 of resolution 1970 (2011) and this resolution;

(b) Gather, examine and analyse information from States, relevant

United Nations bodies, regional organisations and other interested parties

regarding the implementation of the measures decided in resolution 1970

(2011) and this resolution, in particular incidents of non-compliance;

(c)

Make recommendations on actions the Council, or the Committee

or State, may consider to improve implementation of the relevant measures;

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(d) Provide to the Council an interim report on its work no later than

90 days after the Panel’s appointment, and a final report to the Council no

later than 30 days prior to the termination of its mandate with its findings and

recommendations;

Urges all States, relevant United Nations bodies and other interested

parties, to cooperate fully with the Committee and the Panel of Experts, in

particular by supplying any information at their disposal on the implementation of

the measures decided in resolution 1970 (2011) and this resolution, in particular

incidents of non-compliance;

Decides that the mandate of the Committee as set out in paragraph 24 of

resolution 1970 (2011) shall also apply to the measures decided in this resolution;

Decides that all States, including the Libyan Arab Jamahiriya, shall take

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

Libyan authorities, or of any person or body in the Libyan Arab Jamahiriya, or of

any person claiming through or for the benefit of any such person or body, in

connection with any contract or other transaction where its performance was

affected by reason of the measures taken by the Security Council in resolution

1970 (2011), this resolution and related resolutions;

Reaffirms its intention to keep the actions of the Libyan authorities

under continuous review and underlines its readiness to review at any time the

measures imposed by this resolution and resolution 1970 (2011), including by

strengthening, suspending or lifting those measures, as appropriate, based on

compliance by the Libyan authorities with this resolution and resolution 1970

(2011).

Decides to remain actively seized of the matter.

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Libya: UNSCR proposed designations

Number Name

Justification

Identifiers

Annex I: Travel Ban

QUREN SALIH

Libyan Ambassador to Chad.

QUREN AL QADHAFI Has left Chad for Sabha.

Involved directly in

recruiting and coordinating

mercenaries for the regime.

Colonel AMID

Governor of Ghat (South

HUSAIN AL KUNI

Libya). Directly involved in

recruiting mercenaries.

Number Name

Justification

Identifiers

Annex II: Asset Freeze

Dorda, Abu Zayd Umar

Position: Director, External

Security Organisation

Title: Major General

Jabir, Major General

Position: Defence Minister

DOB: --/--/1952.

Abu Bakr Yunis

POB: Jalo, Libya

DOB: --/--/1956.

Matuq, Matuq

Position: Secretary for

POB: Khoms

Mohammed

Utilities

DOB: --/--/1970.

Qadhafi, Mohammed

Son of Muammar Qadhafi.

POB: Tripoli, Libya

Muammar

Closeness of association

with regime

DOB: 25/05/1973.

Qadhafi, Saadi

Commander Special Forces.

POB: Tripoli, Libya

Son of Muammar Qadhafi.

Closeness of association

with regime. Command of

military units involved in

repression of demonstrations

DOB: --/--/1982.

Qadhafi, Saif al-Arab

Son of Muammar Qadhafi.

POB: Tripoli, Libya

Closeness of association

with regime

Title: Colonel

Al-Senussi, Colonel

Position: Director Military

DOB: --/--/1949.

Abdullah

Intelligence

POB: Sudan

Entities

Central Bank of Libya

Under control of Muammar

Qadhafi and his family, and

potential source of funding

for his regime.

a.k.a: Libyan Arab Foreign

Libyan Investment

Under control of Muammar

Authority

Qadhafi and his family, and

Investment Company

(LAFICO) Address: 1

potential source of funding

for his regime.

Fateh Tower Office, No 99

22nd Floor, Borgaida Street,

Tripoli, Libya, 1103

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Number

Name

Justification

Identifiers

Libyan Foreign Bank

Under control of Muammar

Qadhafi and his family and a

potential source of funding

for his regime.

Address: Jamahiriya Street,

Libyan Africa

Under control of Muammar

Investment Portfolio

Qadhafi and his family, and

LAP Building, PO Box

potential source of funding

91330, Tripoli, Libya

for his regime.

Address: Bashir Saadwi

Libyan National Oil

Under control of Muammar

Corporation

Qadhafi and his family, and

Street, Tripoli, Tarabulus,

potential source of funding

Libya

for his regime.

€1.08