The EU has added the vessel Lynn S to its sanctions on Libya, which among other things prohibit vessels from loading, transporting, or discharging crude oil from Libya and ban them from accessing EU ports. It has also amended the entry for the vessel Capricorn, which it listed earlier this week, to include its IMO number (see previous blog).
In June, the UN Security Council expanded its sanctions on illegal oil exports from Libya to cover vessels loading, transporting, or discharging petroleum, including crude oil and refined petroleum products, for export from Libya. The EU has now implemented those new measures, along with the UN’s listing of the vessel Capricorn pursuant to the sanctions. See Regulation 2017/1419 amending Regulation (EU) 2016/44 and Decision 2017/1427 amending Decision (CFSP) 2015/1333, and Implementing Regulation 2017/1423 amending Regulation 2016/44 and Implementing Decision (CFSP) 2017/1429 implementing Decision (CFSP) 2015/1333.
The EU has undertaken its mandatory review of its non-ISIL & Al-Qaida terrorism sanctions listings, and determined that all listed people and entities should continue to be subject to the sanctions. See Implementing Regulation 2017/1420 implementing Regulation 2580/2001 and Council Decision 2017/1426 updating Common Position 2001/931/CFSP and repealing Decision (CFSP) 2017/154.
The EU has amended the entries for 3 entities subject to its sanctions on DPRK, namely Namchongang Trading Corporation, Green Pine Associated Corporation, and Strategic Rocket Force of the Korean People’s Army. It has also deleted the entries for Pak To-Chun, Paek Se-bong, and Strategic Rocket forces from its annexes containing autonomous EU listings, because they are now listed by the UN since June (see previous blog).
As foreshadowed earlier this week here, the EU has introduced new restrictions on exports to Libya, relating to certain goods which may be used for human smuggling and trafficking. The list of goods is in Annex VII of Regulation 2016/44 as amended. The EU has also continued its sanctions against all currently listed persons (see notice here). Regulation 2017/1325 amending Regulation 2016/44 and Decision 2017/1338 amending Decision 2015/1333.
Democratic Republic of Congo
The EU has implemented UN amendments to the listing criteria for sanctions on the Democratic Republic of Congo to include people involved in planning, sponsoring, or participating in attacks against members of the UN Group of Experts. Regulation 2017/1326 amending Regulation 1183/2005 and Decision 2017/1340 amending Decision 2010/788/CFSP.
In its conclusions on the situation in Libya (link here), the EU Council has reaffirmed its commitment to existing sanctions on Libya and its readiness to lift them if the situation in Libya improves or introduce new measures if necessary. The EU says it is ready to act against those responsible for serious human rights abuses in Libya, and is looking into extending sanctions to cover migrant smugglers and traffickers. It condemned repeated violations of the UN arms embargo, and urged all members of the international community to respect the UN Security Council resolutions on Libya.
The EU has renewed its sanctions on people said to be obstructing implementation of the Libyan Political Agreement and the formation of a Government of National Accord in Libya. These sanctions, first imposed in April 2016 (see previous blog), currently list 3 people:
- Agila Saleh – president of the Libyan Council of Deputies in the House of Representatives
- Khalifa Ghweil – prime minister and defence minister of the internationally unrecognised General National Congress
- Nuri Abu Sahmain – president of the General National Congress.
The General Court of EU has today held that the re-inclusion of Aisha Quaddafi on the EU’s targeted Libya sanctions in 2014 (implementing UN listings) was unlawful because the EU institutions had not explained why being Colonel Quaddafi’s daughter and alleged closeness to his regime justified her re-inclusion in 2014. See Case T-681/14. She was out of time to challenge her original 2011 listing. The Court said that even if it were relevant that supporters of the former regime continued to play “a role in the current situation in Libya and were involved in attacks against civilians”, the EU had not explained her “individual, specific and concrete role” in those events that could have justified her re-listing.
The EU has renewed the listings of 3 people listed under its sanctions on Libya for 6 months. The 3 people are Agila Gwaider, President of the Libyan Council of Deputies in the House of Representatives, Khalifa Ghwell, previously Prime Minister of Libya’s rival parliament in Tripoli the General National Congress, and Nuri Abu Sahmain, previously its President. They were first listed in April this year for allegedly opposing the internationally recognised unity government in Libya (see previous blog). In addition, the EU has updated the reasons for their listings.
The General Court of the EU has dismissed Bashir Alsharghawi’s application for his listing on the EU’s Libya sanctions to be annulled, where he was included for being “closely associated with the former regime of Muammar Qadhafi”. See Case T-485/15 Alsharghawi v Council (20 September 2016).
The Court said Mr Alsharghawi had not submitted any evidence capable of calling into question the facts presented by the Council, and did not challenge the Council’s assessment of the situation in Libya or its allegation that he was closely associated with the former regime of Muammar Qadhafi. It also dismissed the applicant’s arguments that the Council lacked competence to list him, breached its obligation to state reasons, infringed his rights of defence and the presumption of innocence, and infringed his rights to property and freedom.