United Nations Sanctions (Libyan Arab Jamahirija) (libyanarabjamahirija)

Deputy Prime Minister and

Prime Minister

Minister of Foreign Affairs

L.N. 406 of 2011

of 2011

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

United Nations Sanctions (Libyan Arab Jamahirija)

(Availability of Assets) 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

Sanctions (Libyan Arab Jamahirija) (Availability of Assets)

Regulations, 2011.

(Regulation 3)

Resolution 2009 (2011)

Adopted by the Security Council on the 16th September 2011

The Security Council,

Reaffirming its strong commitment to the sovereignty, independence,

territorial integrity and national unity of Libya,

Reaffirming its previous Resolutions 1674 (2006) and 1894 (2009) on the

protection of civilians in armed conflict, 1612 (2006), 1882 (2009), 1998 (2011) on

children in armed conflict, and 1325 (2000), 1820 (2008), 1888 (2009) 1889

(2009),and 1960 (2010) on women, peace and security,

Recalling its decision to refer the situation in Libya to the Prosecutor of the

International Criminal Court, and the importance of cooperation for ensuring that

those responsible for violations of human rights and international humanitarian

law or complicit in attacks targeting the civilian population are held accountable,

Strongly condemning all violations of applicable human rights and

international humanitarian law, including violations that involve unlawful killings,

other uses of violence against civilians, or arbitrary arrests and detentions, in

particular of African migrants and members of minority communities,

Also strongly condemning sexual violence, particularly against women and

girls, and the recruitment and use of children in situations of armed conflict in

contravention of applicable international law,

Considering that the voluntary and sustainable return of refugees and

internally displaced persons will be a critical factor for the consolidation of peace

in Libya,

Stressing that national ownership and national responsibility are key to

establishing sustainable peace and the primary responsibility of national

authorities in identifying their priorities and strategies for post-conflict peace-

building,

Recalling the letter of the Secretary-General of 7 September 2011 (S/2011/

542) and welcoming his intention to dispatch, at the request of the Libyan

authorities, an initial deployment of personnel, to be led by a Special

Representative of the Secretary-General,

Taking note of the letter of 14 September 2011 from Dr. Mahmoud Jibril,

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Prime Minister of the National Transitional Council of Libya, to the Secretary-

General,

Expressing its gratitude to the Secretary-General’s Special Envoy to Libya,

Mr. Abdel-Elah Mohamed Al-Khatib, for his efforts to find a sustainable and

peaceful solution in Libya,

Reaffirming that the United Nations should lead the effort of the international

community in supporting the Libyan-led transition and rebuilding process aimed at

establishing a democratic, independent and united Libya, welcoming the

contributions in this regard of the Secretary-General’s 26 August high-level

meeting of regional organisations and the 1 September Paris Conference, and

welcoming also the efforts of the African Union, Arab League, European Union

and the Organization of the Islamic Cooperation,

Expressing concern at the proliferation of arms in Libya and its potential

impact on regional peace and security,

Recalling its Resolutions 1970 (2011) of 26 February 2011 and 1973 (2011)

of 17 March 2011,

Recalling its determination to ensure that assets frozen pursuant to

Resolutions 1970 (2011) and 1973 (2011) shall as soon as possible be made

available to and for the benefit of the people of Libya, welcoming steps taken by

the Committee established pursuant to Resolution 1970 (2011) and Member States

in this regard, and underscoring the importance of making these assets available in

a transparent and responsible manner in conformity with the needs and wishes of

the Libyan people,

Mindful of its primary responsibility for the maintenance of international

peace and security under the Charter of the United Nations,

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

measures under its Article 41,

1. Takes note of the developments in Libya, welcomes the improved

situation there, and looks forward to stability in Libya;

2. Looks forward to the establishment of an inclusive, representative

transitional Government of Libya, and emphasises the need for the transitional

period to be underpinned by a commitment to democracy, good governance, rule

of law and respect for human rights;

3. Emphasises the importance of promoting the equal and full participation

of women and minority communities in the discussions related to the political

process in the post-conflict phase;

Welcomes the statements of the National Transitional Council appealing

4. B B 18 4978

for unity, national reconciliation and justice, and its call for Libyans of all beliefs

and backgrounds to refrain from reprisals, including arbitrary detentions;

Encourages the National Transitional Council to implement its plans to

5. (a)

protect Libya’s population, restore government services, and

allocate Libya’s funds openly and transparently;

(b)

prevent further abuses and violations of human rights and

international humanitarian law and to put an end to impunity;

(c)

ensure a consultative, inclusive political process with a view to

agreement on a constitution and the holding of free and fair elections;

(d)

ensure the safety of foreign nationals in Libya, particularly those

who have been threatened, mistreated and/or detained; and

(e)

prevent the proliferation of man-portable surface-to-air missiles,

small arms and light weapons, and meet Libya’s arms control and non-

proliferation obligations under international law;

Notes the National Transitional Council’s calls to avoid acts of reprisals

6. including against migrant workers;

In these regulations, unless the context otherwise requires -

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

"the Committee" means the Committee of Security Council of

the United Nations established pursuant to paragraph 24 of

Resolution 1970 (2011);

"Resolution" means the Resolution referred to in regulation 3;

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

Nations; and

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

Criminal Code and includes every component part thereof and any

accessory thereto.

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

number 2009 (2011) which was adopted by the Security Council on

the 16 September, 2011 is published in the English language only in

the Schedule.

In pursuance of paragraph 13 of the Resolution, the arms Partial removal

embargo imposed by paragraph 9 of Resolution 1970 (2011) shall not of

embargo.

apply to the supply, sale or transfer to Libya of

(a)

arms and related materiel of all types, including

technical assistance, training, financial and other assistance,

intended solely for security or disarmament assistance to the

Libyan authorities and notified to the Committee in advance and

in the absence of a negative decision by the Committee within

five working days of such a notification;

(b)

small arms, light weapons and related materiel,

temporarily exported to Libya for the sole use of United Nations

personnel, representatives of the media and humanitarian and

development workers and associated personnel, notified to the

Committee in advance and in the absence of a negative decision

by the Committee within five working days of such a

notification.

(1)

In pursuance of paragraph 14 of the Resolution, the Removal of

Libyan National Oil Corporation (LNOC) and Zueitina Oil Company asset freeze.

shall no longer be subject to the asset freeze imposed in paragraphs

17, 19, 20 and 21 of Resolution 1970 (2011) and paragraph 19 of

Resolution 1973 (2011).

(2) In pursuance of paragraph 15 of the Resolution, the

measures imposed on the Central Bank of Libya, Libyan Arab

Foreign Bank (LAFB), Libyan Investment Authority (LIA) and

Libyan Africa Investment Portfolio (LAIP) by paragraphs 17, 19, 20

and 21 of Resolution 1970 (2011) and paragraph 19 of Resolution

1973 (2011) shall be modified as follows

(a)

funds, other financial assets and economic

resources outside of Libya of the entities mentioned in this sub-

regulation that are frozen as of the date of the Resolution

pursuant to measures imposed in paragraph 17 of Resolution

1970 (2011) or paragraph 19 of Resolution 1973 (2011) shall

remain frozen unless subject to an exemption as set out in

paragraphs 19, 20 or 21 of that Resolution or paragraph 16 of

the Resolution;

(b)

except as provided in paragraph (a), the Central

Bank of Libya, the Libyan Arab Foreign Bank (LAFB), the

Libyan Investment Authority (LIA) and the Libyan Africa

Investment Portfolio (LAIP) shall otherwise no longer be

subject to the measures imposed in paragraph 17 of Resolution

1970 (2011), including that the Government of Malta is no

longer required to ensure that any funds, financial assets or

economic resources are prevented from being made available by

nationals of Malta or by any individual or entities within the

territory of Malta, to or for the benefit of the entities herein

mentioned.

(3) In pursuance of paragraph 16 of the Resolution, and in

addition to the provisions of paragraph 19 of Resolution 1970 (2011),

the measures imposed by paragraph 17 of that Resolution, as

modified by paragraph 15 and paragraph 19 of Resolution 1973

(2011) shall not apply to the funds and other financial assets or

economic resources of the Central Bank of Libya, the Libyan Arab

Foreign Bank (LAFB), the Libyan Investment Authority (LIA) and

the Libyan African Investment Portfolio (LAIP)

Provided that

(a)

the Government of Malta has provided notice to the

Committee of its intent to authorize access to funds, other

financial assets, or economic resources, for one or more of the

following purposes and in the absence of a negative decision by

the Committee within five working days of such a notification

(i)

humanitarian needs;

(ii)

fuel, electricity and water for strictly civilian

uses;

(iii) resuming Libyan production and sale of

hydrocarbons;

(iv) establishing, operating, or strengthening

institutions of civilian government and civilian public

infrastructure; or

(v) facilitating the resumption of banking sector

operations, including to support or facilitate international

trade with Libya;

(b)

the Government of Malta has notified the

Committee that those funds, other financial assets or economic

resources shall not be made available to or for the benefit of the

individuals subject to the measures imposed in paragraph 17 of

Resolution 1970 (2011) or paragraph 19 of Resolution 1973

(2011);

(c)

the Government of Malta has consulted in advance

with the Libyan authorities about the use of such funds, other

financial assets, or economic resources; and

(d)

the Government of Malta has shared with the

Libyan authorities the notification submitted pursuant to

paragraph (a) and the Libyan authorities have not objected

within five working days to the release of such funds, other

financial assets, or economic resources.

In pursuance of paragraph 21 of the Resolution, the Paragraph 17 of

measures provided for in paragraph 17 of Resolution 1973 (2011) Resolution

(2011) ceases to

have ceased to have effect as from the 16th September, 2011.

have effect.

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Calls upon the Libyan authorities to promote and protect human rights,

including those of people belonging to vulnerable groups, to comply with their

obligations under international law, including international humanitarian law and

human rights law, and calls for those responsible for violations, including sexual

violence, to be held accountable in accordance with international standards;

Strongly urges the Libyan authorities to ensure the protection of

diplomatic personnel and premises in accordance with Vienna Convention on

Diplomatic Relations of 1961;

Expresses its resolve to assist the people of Libya to achieve these

goals, and urges all Member States to assist the people of Libya as appropriate;

Urges all Member States to cooperate closely with the Libyan

authorities in their efforts to end impunity, in accordance with Libya’s

international obligations;

Calls upon the Libyan authorities to comply with the international

obligations of Libya, including obligations set forth in the Charter of the United

Nations, in accordance with international law, and further calls upon the Libyan

authorities to honour extant contracts and obligations, in accordance with this and

other relevant resolutions, and the law applicable to such contracts and obligations;

UN Mandate

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Decides to establish a United Nations Support Mission in Libya

(UNSMIL), under the leadership of a Special Representative of the Secretary-

General for an initial period of three months, and decides further that the mandate

of UNSMIL shall be to assist and support Libyan national efforts to

(a)

restore public security and order and promote the rule of law;

(b)

undertake inclusive political dialogue, promote national

reconciliation, and embark upon the constitution-making and electoral

process;

(c)

extend state authority, including through strengthening

emerging accountable institutions and the restoration of public services;

(d)

promote and protect human rights, particularly for those

belonging to vulnerable groups, and support transitional justice;

(e)

take the immediate steps required to initiate economic recovery;

and

(f)

coordinate support that may be requested from other multilateral

and bilateral actors as appropriate;

Arms Embargo

Decides that the measure imposed by paragraph 9 of Resolution 1970

(2011) shall also not apply to the supply, sale or transfer to Libya of

(a)

arms and related materiel of all types, including technical

assistance, training, financial and other assistance, intended solely for

security or disarmament assistance to the Libyan authorities and notified to

the Committee in advance and in the absence of a negative decision by the

Committee within five working days of such a notification;

(b)

small arms, light weapons and related materiel, temporarily

exported to Libya for the sole use of United Nations personnel,

representatives of the media and humanitarian and development workers and

associated personnel, notified to the Committee in advance and in the

absence of a negative decision by the Committee within five working days of

such a notification;

Asset Freeze

Decides that the Libyan National Oil Corporation (LNOC) and Zueitina

Oil Company shall no longer be subject to the asset freeze and other measures

imposed in paragraphs 17, 19, 20 and 21 of Resolution 1970 (2011) and paragraph

19 of Resolution 1973 (2011);

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Decides to modify the measures imposed in paragraphs 17, 19, 20 and

21 of Resolution 1970 (2011) and paragraph 19 of Resolution 1973 (2011) with

respect to the Central Bank of Libya, the Libyan Arab Foreign Bank (LAFB), the

Libyan Investment Authority (LIA), and the Libyan Africa Investment Portfolio

(LAIP) as follows

(a)

funds, other financial assets and economic resources outside of

Libya of the entities mentioned in this paragraph above that are frozen as of

the date of this Resolution pursuant to measures imposed in paragraph 17 of

Resolution 1970 (2011) or paragraph 19 of Resolution 1973 (2011) shall

remain frozen by States unless subject to an exemption as set out in

paragraphs 19, 20 or 21 of that Resolution or paragraph 16 below;

(b)

except as provided in (a), the Central Bank of Libya, the LAFB,

the LIA, and the LAIP shall otherwise no longer be subject to the measures

imposed in paragraphs 17 of Resolution 1970 (2011), including that States

are no longer required to 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 these

entities;

Decides that in addition to the provisions of paragraph 19 of Resolution

1970 (2011), the measures imposed by paragraph 17 of that Resolution, as

modified by paragraph 15 above and paragraph 19 of Resolution 1973 (2011), do

not apply to funds, other financial assets or economic resources of the Central

Bank of Libya, the LAFB, the LIA and the LAIP provided that

(a)

a Member State has provided notice to the Committee of its

intent to authorize access to funds, other financial assets, or economic

resources, for one or more of the following purposes and in the absence of a

negative decision by the Committee within five working days of such a

notification

(i)

humanitarian needs;

(ii)

fuel, electricity and water for strictly civilian uses;

(iii) resuming Libyan production and sale of hydrocarbons;

(iv) establishing, operating, or strengthening institutions of

civilian government and civilian public infrastructure; or

(v) facilitating the resumption of banking sector operations,

including to support or facilitate international trade with Libya;

(b)

a Member State has notified the Committee that those funds,

other financial assets or economic resources shall not be made available to or

for the benefit of the individuals subject to the measures imposed in

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paragraph 17 of Resolution 1970 (2011) or paragraph 19 of Resolution 1973

(2011);

(c)

the Member State has consulted in advance with the Libyan

authorities about the use of such funds, other financial assets, or economic

resources; and

(d)

the Member State has shared with the Libyan authorities the

notification submitted pursuant to this paragraph and the Libyan authorities

have not objected within five working days to the release of such funds, other

financial assets, or economic resources;

Calls upon States to exercise vigilance when acting pursuant to

paragraph 16 above and to give due consideration to the use of international

financial mechanisms to promote transparency and prevent misappropriation, in

light of the challenges that yet remain for the Libyan authorities;

Requests the International Monetary Fund and the World Bank to work

with the Libyan authorities on an assessment of Libya’s public financial

management framework, which would recommend steps to be taken by Libya to

ensure a system of transparency and accountability with respect to the funds held

by Libyan governmental institutions, including the LIA, LNOC, LAFB, LAIP and

Libyan Central Bank, and further requests that the Committee be informed of the

results of that assessment;

Directs the Committee, in consultation with the Libyan authorities, to

review continuously the remaining measures imposed by Resolutions 1970 (2011)

and 1973 (2011) with respect to the Central Bank of Libya, the LAFB, the LIA and

the LAIP, and decides that the Committee shall, in consultation with the Libyan

authorities, lift the designation of these entities as soon as practical to ensure the

assets are made available to and for the benefit of the people of Libya;

No Fly Zone and Ban on Flights

Takes note of the improved situation in Libya, emphasises its intention

to keep the measures imposed by paragraphs 6 to 12 of Resolution 1973 (2011)

under continuous review and underlines its readiness, as appropriate and when

circumstances permit, to lift those measures and to terminate authorization given

to Member States in paragraph 4 of Resolution 1973 (2011) in consultation with

the Libyan authorities;

Decides that the measures in paragraph 17 of Resolution 1973 (2011)

shall cease to have effect from the date of this Resolution;

Cooperation and Reporting

Requests the Secretary-General to report on implementation of this

Resolution in 14 days from adoption, and every month thereafter, or more

B 22 4982

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frequently as he sees fit;

Decides to remain actively seized of the matter.