The EU has updated the designation criteria for people and entities under its Libya sanctions regime in accordance with changes made by the UN Security Council to its own sanctions in March by Resolution 2213.  Under the sanctions, listed people and entities are subject to an EU-wide asset freeze and travel ban.

The designation criteria now also include persons:

  1. involved in the repressive policies of the former Qadhafi regime in Libya, or otherwise formerly associated with the regime and posing a continued risk to the peace, stability, and security of Libya or the completion of its political transition;
  2. threatening or coercing Libyan State financial institutions and the Libyan National Oil Company, or engaging in any action that may lead to the misappropriation of Libyan State funds; or
  3. who own or control Libyan state funds misappropriated during the former Qadhafi regime in Libya, which could be used to threaten the peace, stability, or security of the country or the completion of its political transition.

In addition, Libyan Investment Authority and Libyan Africa Investment Portfolio are now listed in Annex VI, and Article 5(4), where they were specifically targeted for asset freezes, now refers to all entities listed in Annex VI.

The EU has also moved Abdelhafiz Zlitni from Annex III to Annex II, and amended his name from “Abdelhaziz”, amended Abdulqader Al-Baghdadi’s listing to state that he is dead, amended Saadi Qadhafi’s listing to state that he is in custody in Libya, and given new aliases for Quren Al-Qadhafi (Akrin Saleh Akrin), whose address is now recorded as Egypt, and Safia Al-Barassi (Safia Al-Hadad).

The updates to the designation criteria are set out in Council Regulation (EU) 2015/813 amending Council Regulation (EU) 204/2011 and Council Decision (CFSP) 2015/818 amending Council Decision 2011/137/CFSP.  The listing amendments are made by Council Implementing Regulation (EU) 2015/814 implementing Council Regulation (EU) 204/2011.  HM Treasury’s notices are here and here.

This entry was posted in Latest EU Measures, Libya by Michael O'Kane. Bookmark the permalink.

About Michael O'Kane

Michael O’Kane is a partner and Head of the Business Crime team at leading UK firm Peters & Peters. Described as ‘first-rate’ (Legal 500 2012), he “draws glowing praise from commentators” (Chambers 2013) for handling the international aspects of business crime, including sanctions, extradition and mutual legal assistance. Called to the Bar in 1992 and prior to joining Peters & Peters he was a senior specialist prosecutor at the Crown Prosecution Service Headquarters(CPS). At CPS HQ he was a key member of a small specialist unit responsible for the prosecution of serious and high profile fraud, terrorist and special interest criminal matters including the Stansted Airport Afghan hijacking and the prosecution of Paul Burrell (Princess Diana’s butler). Michael joined Peters & Peters in 2002. He became a partner in May 2004, and Head of the Business Crime team in May 2009. Since joining Peters & Peters, Michael has dealt with a wide range of business crime matters. He has particular expertise in international sanctions, criminal cartels, extradition, corruption, mutual legal assistance, and FSA investigations. Described as“ an influential practitioner in fraud and regulatory work, so much so that he is top of the referral lists of many City firms for independent advice for directors” (The Lawyer’s Hot 100 2009), he was recognised as one of the UK’s most innovative lawyers in the 2011 FT Innovative Lawyer Awards and included in the list of the UK's leading lawyers in 'The International Who's Who of Asset Recovery 2012. In 2012 he was the winner of the Global Competition Review Article of the Year. Michael regularly appears on television and radio to discuss his specialist areas and he is the author of the leading textbook on the UK Criminal Cartel Offence “The Law of Criminal Cartels-Practice and Procedure” (Oxford University Press 2009). Recent/Current Sanctions Work • Representing 109 individuals and 12 companies subject to designation by the European Council under targeted measures imposed against Zimbabwe. This is the largest and most complex collective challenge to a sanctions listing ever brought before the European Court. • Acting for a former Egyptian Minister and his UK resident wife, challenging their designation by the European Council of Ministers under targeted measures brought against former members of the Egyptian Government. • Advising a company accused in a UN investigation report to have breached UN sanctions imposed in relation to Somalia. • Advising a UK company in relation to ongoing commercial relationships with an Iranian company listed under both EU and UN sanctions. • Advising an individual in relation to a UK investigation for alleging breaching nuclear export controls.

Please Leave a Reply

Please log in using one of these methods to post your comment: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s