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Understanding the Latest EU Sanctions on Libya: A Comprehensive Briefing

Libya is currently subject to sanctions. Background, lists and latest legal updates are here. Date of latest Update: 14-11-2023



Latest Update


On 18 January 2016 the Council adopted Regulation (EU) 2016/44. Pursuant to Article 21(6) of Regulation (EU) 2016/44, the Council has reviewed the list of designated persons and entities set out in Annex III to that Regulation. The Council considers that the entries for two persons and one entity should be deleted, and the restrictive measures against all other persons and entities maintained, in the lists set out in Annex III to Regulation (EU) 2016/44. In addition, the identifying information for one person should be updated. (4)Regulation (EU) 2016/44 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION:


Article 1 Annex III to Regulation (EU) 2016/44 is amended in accordance with the Annex to this Regulation.



2023/2504

10.11.2023

COUNCIL IMPLEMENTING REGULATION (EU) 2023/2504 of 9 November 2023 implementing Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (1), and in particular Article 21 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: (1)On 18 January 2016, the Council adopted Regulation (EU) 2016/44. (2)Following the judgment of the Court of Justice of the European Union in Case C-413/21 P (2), the entry of one listed person should be deleted. (3)Regulation (EU) 2016/44 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Annex II to Regulation (EU) 2016/44 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 9 November 2023. For the Council The President N. CALVIÑO SANTAMARÍA


In Annex II to Regulation (EU) 2016/44 (List of natural and legal persons, entities or bodies referred to in Article 6(1)), Part A (Persons), the following entry is deleted:

‘9.


Name: 1: AISHA 2: MUAMMAR MUHAMMED 3: ABU MINYAR 4: QADHAFI


Title: na Designation: na DOB: 1 January 1978 POB: Tripoli, Libya Good quality a.k.a.: Aisha Muhammed Abdul Salam (Libya Passport number: 215215) Low quality a.k.a.: na Nationality: na Passport no: a) Oman number 03824970; issued on 4 May 2014, issued in Muscat, Oman (Date of expiration: 3 May 2024) b) Libya 428720 c) B/011641 National identification no: 98606612 Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) Listed on:26 February 2011 (amended on 11 November 2016, 26 September 2014, 21 March 2013, 2 April 2012, 25 February 2020) Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze). INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5525815’.




SUMMARY: What sanctions are imposed

  • Arms export: It is prohibited to export equipment that might be used for internal repression to Libya. Related technical assistance, training, financial and other assistance is also prohibited.

  • Arms procurement: It is prohibited to procure arms and related material, as well as equipment that might be used for internal repression, from Libya.

  • Asset freeze and prohibition to make funds available: All assets of the listed persons and entities should be frozen. It is also prohibited to make any funds or assets directly or indirectly available to them.

  • Flights, airports: Countries deny permission to any aircraft to take off from, land in or overfly their territory if they have information that the aircraft contains prohibited items.

  • Inspections: Counties shall inspect the cargo of vessels and aircraft bound to or from Libya if they have information that the cargo contains prohibited items. Upon discovery, countries shall seize and dispose prohibited items.

  • Ports and vessels: In the absence of direction from the Government of Libya, a country that is a flag State of a designated vessel, shall direct the vessel not to load, transport, or discharge crude oil illicitly exported from Libya. Financial transactions with respect to crude oil illicitly exported from Libya aboard designated vessels are also prohibited. Councries shall deny entry into their ports of designated vessels.

  • Prohibition to satisfy claims: It is prohibited to satisfy claims made by Libyan persons, entities, bodies; or persons listed the relevant regulations in connection with any contract or transaction the performance of which has been affected by the measures imposed by the same regulation.

  • Restrictions on admission: Travel restrictions on persons listed in the Libya regulations may be imposed.

  • Restrictions on equipment used for internal repression: It is usually prohibited to export equipment that might be used for internal repression to Libya. Related technical assistance, training, financial and other assistance is also prohibited.

  • Vessels: Prior authorisation by the national competent authority of the country concerned is required for the export to Libya of goods listed in the relevant annexes of the regulations applicable (which could be used for smuggling of migrants and trafficking in human beings), as well as for related technical assistance, brokering services, financing or financial assistance.

  • Vigilance: Countries imposing sanctions may require their nationals, persons subject to their jurisdiction and firms incorporated in their territories to exercise vigilance when doing business with entities incorporated in Libya or subject to Libya's jurisdiction, with a view to preventing business that could contribute to violence and the use of force against civilians.

Why Sanctions?

This sanctions regime of countries, like the EU or the UK, gives effect to the obligations under United Nations Security Council Resolutions (UNSCRs) including UNSCR 1970 (2011) as well as additional autonomous measures the aims of which are to promote:

  • respect for human rights in Libya;

  • the peace, stability and security of Libya;

  • the successful completion of Libya’s political transition to a democratic, independent and united country; and

  • the prevention of migrant smuggling and human trafficking taking place from Libya.


EU Restrictive measures in view of the situation in Libya In view of the seriousness of the situation in Libya, on 26 February 2011 the UN Security Council adopted Resolution 1970 (2011), introducing restrictive measures in relation to persons and entities involved in serious human rights abuses against persons in Libya. The Security Council has since adopted a number of other resolutions on Libya that have extended or amended the measures.

What did the EU do? On 28 February 2011, the Council of the EU implemented the first UN Resolution and imposed additional restrictive measures in view of the seriousness of the situation in Libya. In its 17 July 2017 conclusions on Libya, the Council expressed its readiness to repeal the restrictive measures if the conditions for their application are no longer met, as well as introduce new measures against individuals who threaten the peace, security or stability of the country, impede the completion of Libya's political transition and are responsible for serious human rights abuses. Following the adoption of UN Resolution 2441 (2018) of 5 November 2018, restrictive measures explicitly apply to persons planning, directing or committing acts involving sexual and gender-based violence.

What does the EU impose?

The Libya sanctions regimes permit the designation of persons (both individuals and entities) for the purpose of imposing an asset freeze as well as various financial prohibitions if those persons are involved in serious human rights abuses or breaches of international humanitarian law in Libya (including attacks on civilians and facilities), an activity carried out on behalf of the former regime of Muammar Qadhafi and any other activity which threatens the peace, stability or security of Libya (including attacking infrastructure and misappropriating Libyan state funds).


Asset Freezes

Asset freezing activity also helps protect Libyan state funds (misappropriated during the former regime of Muammar Qadhafi) which could be used to threaten the peace, stability or political transition of Libya.


A full asset freeze is imposed on various persons. Separately a partial asset freeze is imposed on two UN-designated persons, the Libyan Investment Authority and the Libyan Africa Investment Portfolio. That partial asset freeze applies for funds and economic resources owned, held or controlled by those two designated persons located outside Libya immediately before 17 September 2011, funds transferred on or after 17 September 2011 to the designated persons to meet a prior obligation, as well as interest and other earnings that have accrued on either of the aforementioned on or after 17 September 2011.


Ships


Prohibitions are in place on persons (both individuals and entities) entering into any financial transactions relating to Libyan oil aboard an UN-designated ship. This includes the purchase, or sale, or use of credit and the taking out of transport insurance in respect of it.


UN regulations

The UN Resolution, UNSCR 1970 (2011), is available online along with other relevant UN Resolutions.


UK regulations

The Libya (Sanctions) (EU Exit) Regulations 2020

The Libya (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/45) (applicable prior to 31 December 2020)

Libya (Financial Sanctions) Order 2011 (applicable prior to 31 December 2020)


EU regulations

Council Implementing Regulation (EU) 2021/1909 of 4 November 2021 implementing Article 21(1) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya


Latest EU Updates


13-12-2021


09-11-2021




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