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Restrictions & Sanctions

European Union Regulations on Libya

On 28 February 2011 the EU issued Council Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya. This was followed by Council Regulation (EU) No 204/2011 of 2 March 2011 implementing United Nations Security Council Regulation 1970 (2011). Since then, the EU has issued various Council Decisions and Regulations relating to Libya. On 18 January 2016 the EU issued Council Regulation (EU) No 2016/44 consolidating existing sanctions into a single regulation.

The current restrictive measures include:

  • An embargo on arms and related materiel, with certain exemptions.
  • An embargo on equipment (and related services) which might be used for internal repression
  • Financial sanctions (freezing of funds and economic resources) of listed persons, entities and bodies (designated entities)

United Nations Security Council Resolutions on Libya

United Nations sanctions include:

  • Arms embargo
  • Asset freeze
  • Banning illicit crude oil exports
  • Travel ban

Arms Embargo

United Nations Security Council (UNSC) Resolution 1970 (2011) dated 26 February 2011 introduced an arms embargo on all arms, related material and services with certain exemptions (paras. 9 and 10).

UNSC Resolution 1973 (2011) dated 17 March 2011 expanded the sanctions, including authorizing members states to inspect cargo shipments if there is reasonable grounds to believe the cargo contains prohibited items as listed under UNSC Resolutions (para. 13).

UNSC Resolution 2009 (2011) dated 16 September 2011 eased some of of the measures under the arms embargo (paras. 13 and 14).

UNSC Resolution 2040 (2012) dated 12 March 2012 terminated paras. 13 and 14 of resolution 1973 (2011) relating to the authorization granted to members states to inspect cargo shipments (para. 8).

UNSC Resolution 2095 (2013) dated 14 March 2013 further eased the arms embargo (paras. 9 and 10).

UNSC Resolution 2174 (2014) dated 27 August 2014 reaffirmed the arms embargo (paras. 8 and 9).

UNSC Resolution 2526 (2020) dated 5 June 2020 reaffirmed the arms embargo (paras. 9 and 10).

Asset freeze

UNSC Resolution 1970 (2011) dated 26 February 2011 introduced an asset freeze, freezing of funds and economic resources, of designated individuals and entities (para. 17) with certain exemptions (para.19).

UNSC Resolution 1973 (2011) dated 17 March 2011 amended the asset freezing sanctions (para. 19).

UNSC Resolution 2009 (2011) dated 16 September 2011 modified the asset freezing sanctions (paras. 14 to 17).

UNSC Resolution 2174 (2014) dated 27 August 2014 expanded the asset freezing sanctions (paras. 4 and 5).

Banning illicit crude oil exports

UNSC Resolution 2146 (2014) dated 19 March 2014 introduced a ban on illicit crude oil exports from Libya and authorizing inspection of suspect ships on high seas. 

The Council further decided that the flag State of a vessel designated by its Libya Sanctions Committee should take the necessary measures to direct such a vessel not to load, transport or discharge crude oil from Libya aboard the vessel, absent direction from the Government, also requesting all Member States to take the necessary measures to prohibit such vessels from entering their ports, unless such entry was for the purpose of inspection, in the case of emergency or in the case of return to Libya.

UNSC Resolution 2208 (2015) dated 5 March 2015 extended these measures until 31 March 2015.

UNSC Resolution 2213 (2015) dated 27 March 2015 extended these measures until 31 March 2016.

UNSC Resolution 2278 (2016) dated 31 March 2016 extended these measures until 31 July 2017.

UNSC Resolution 2362 (2017) dated 29 June 2017 extended these measures until 15 November 2018.

Travel ban

UNSC Resolution 1970 (2011) dated 26 February 2011 imposeda travel ban on designated individuals (para. 15) with certain exemptions (para.16).

UNSC Resolution 2174 (2014) dated 27 August 2014 expanded the travel ban on designated individuals  (paras. 4 and 5).

Philippine immigration restrictions

According to the Philippine Ship Agents’ Association (PSAA) the current situation may be outlined as follows, following a meeting between the PSAA and the Bureau of Immigration:

  1. Visaed crew list requirement remain in force in line with security concerns of the recent crisis in Marawi
  2. List of restricted 13 nationals was provided per DFA Foreign Service Circular 22-10:

    • Afghanistan 
    • Algeria
    • Egypt
    • Iran
    • Iraq
    • Jordan
    • Lebanon
    • Libya
    • Pakistan
    • Palestine
    • Sudan
    • Syria
    • Yemen
    • Stateless persons
  3. It was clarified that denying entry into the country is not only confined to the island of Mindanao which is under Martial Law, per Immigration AO JHM2017 006, above nationals will also be restricted to:

    • Areas of conflict - this is where Mindanao is currently classified under being under martial law
    • Areas of international assembly - example: ASEAN, these nationals are denied entry into Manila during the ASEAN
    • Places where the President and or other key officials of government are present - example: during visit of the President and PM Abe of Japan, entry into Davao was not allowed
    • Other areas that may be identified by the commissioner or his authorized representative

    It was explained further that the AO has no time frame. Restriction will apply anytime when any of the 4 conditions is present. For the Mindanao Martial Law, this is envisaged to end on 31 December 2017. 

  4. Two points were then raised, what will be the procedure if a vessel is:

    • Ships coming from outside Philippine territory and is already steaming to Mindanao
    • Already at a port in Luzon or Visayas then bound for Mindanao.

    No definite procedure was given, however it can be that either vessel is requested to drift outside or if allowed, to anchor while waiting for the immigration approval. 

  5. If a vessel has restricted nationals on board, the initial inclination per policy is to deny entry. But in consideration of not inhibiting trade immigration may consider entry, but, the agent must:

    • make an appeal to the immigration office and explain the legitimate purpose of the vessel's call. One suggestion from the authorities is to request owners to prove that the nationals in question do not have any record. It was suggested that documents from other foreign parties may help, such as a letter from the embassy/embassies of the particular individuals certifying their identity etc.
  6. The bureau has no set implementing guidelines yet on how they will manage a vessel with restricted crew that is granted entry. It is possible that they may put additional guards and or refuse issuance of shore passes.
  7. Having a visaed crewlist or visa does not guarantee entry. According to the Bureau, the DFA can issue a visa, but the final approval for entry will still be up to the immigration's enforcement of policy. For example: The applicant may obtain visa but if the person arrives at the airport or seaport and displays a behavior that shows reasonable cause to deny entry, it will be immigration's decision to deny entry/deportation. 

 

Trading restrictions (Libya)

Trading restrictions imposed against Libya

  • European Union
    An embargo on arms and related materiel, with certain exemptions. An embargo on equipment (and related services) which might be used for internal repression and financial sanctions (freezing of funds and economic resources) of listed persons, entities and bodies (designated entities). 
  • Israel
  • USA: Libyan sanctions
  • United Nations
    An arms embargo (with certain exemptions) and the freezing of assets of designated individuals and entities.
    A ban on illicit crude oil exports from Libya and authorizing inspection of suspect ships on high seas.

 Trading restrictions imposed by Libya

  • Age restrictions
    According to information received from local contacts vessels of more than twenty years of age from their date of launching are required to obtain authorisation by the Marine Authority prior to entering a Libyan port. Authorisation is normally obtained through the ship's agent at least two weeks prior to vessel's ETA.  Such vessels calling a Libyan port without prior notice / authorisation will be permitted to enter subject to the payment of a fine of 1600 euros for the first call; the fine will be doubled for each successive call.

    To apply for an entry permit the following valid ship's certificates should be attached to the application to the Marine Authority (through the local ship's port agents)
    1. Load line certificate
    2. Safety equipment certificate
    3. Cargo ship safety radio certificate
    4. Certificate of class
    5. Safety constriction certificate
    6. P&I club certificate of entry
    7. Certificate of register
    8. International oil pollution certificate

  • Arab League Boycott of Israel: Libya's Position
    According to information received from local contacts, Libya fully adheres to the Arab League's boycott of Israel (I.e. primary, secondary and tertiary boycotts).

 

Restrictions & sanctions (Libya)

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