Libya

Initial Imposition of EU Sanctions and Subsequent Amendments

EU sanctions were first imposed on Libya in 2011 to implement the UN arms embargo (UNSC Resolution 1970) in response to repression exercised by the regime over civilians. This included restrictive measures against those involved in human rights abuses (Council Decision 2011/137 and Council Regulation 204/2011).

Following UN amendments in September 2011, EU sanctions were also lightened, e.g. end of the asset freeze relating to the Libyan National Oil Corporation.

UN Sanctions

UN sanctions have guided the EU restrictive measures in place relating to Libya, which have also eased at a parallel pace.

In December 2011 the UN delisted the Libyan Central Bank and Libyan Arab Foreign Bank, but other financial institutions remain subject to an asset freeze.

The EU has additionally autonomously imposed sanctions on entities not listed by the UN, although most of these have now been listed.

Form of the Sanctions

Travel bans

Asset freezes

Arms embargo

Criteria for Inclusion in Targeted Measures

Categories of individuals and entities targeted by the restrictive measures are:

  • Those deemed responsible for the violent repression in Libya (members of the Gaddafi family and senior members of the Gaddafi regime).
  • Businesses and institutions associated with the Gaddafi regime.

Provisions in Force

Council Decision 2011/137/CFSP (OJ L 58, 28 February 2011) contains: notice to listed persons/entities bodies; arms embargo; export ban; travel restrictions; and asset freezes; prior information requirement on cargoes to/from Libya

Amended by Council Decision 2011/178/CFSP (OJ L 78, 23 March 2011) banned flights of both Libyan aircraft in EU airspace and vice versa; exception to asset freezes

Amended by Council Implementing Decision 2011/236/CFSP (OJ L 100, 12 April 2011) banned flights of both Libyan aircraft in EU airspace and vice versa; exception to asset freezes

Amended by Council Implementing Decision 2011/300/CFSP (OJ L 136, 23 May 2011) banned flights of both Libyan aircraft in EU airspace and vice versa; exception to asset freezes

Amended by Council Decision 2011/332/CFSP (OJ L 149, 7 June 2011) exception to asset freezes; amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Decision 2011/345/CFSP (OJ L 159, 16 June 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Decision 2011/500/CFSP (OJ L 206, 10 August 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Decision 2011/521/CFSP (OJ L 227, 1 September 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Decision 2011/543/CFSP (OJ L 241, 15 September 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Decision 2011/625/CFSP (OJ L 246, 22 September 2011) exception to arms embargo; asset freezes; amendment to list of persons and entities subject to sanctions; end of ban of Libyan flights in EU airspace

Amended by Council Decision 2011/729/CFSP (OJ L 293, 10 November 2011) end of ban of flights in Libyan airspace

Amended by Council Decision 2011/867/CFSP (OJ L 341, 20 December 2011) amendment to one list of persons and entities subject to asset freezes

Amended by Council Decision 2013/45/CFSP (OJ L 20, 22 January 2013) additional exception to asset freezes; amendment to list of persons and entities subject to asset freezes

Amended by Council Decision 2013/182/CFSP (OJ L 111, 22 April 2013) amendment to the exceptions to the arms embargo; and to one list of persons and entities subject to sanctions

Amended by Council Implementing Decision 2014/41/CFSP (OJ L 26, 28 January 2014) amendment to one list of persons and entities subject to sanctions

Amended by Council Decision 2014/727/CFSP (OJ L 301, 21 October 2014) to extend the application of the asset freeze and travel ban, amend the scope of the arms embargo and update the identifying information in relation to two individuals

Amended by Council Decision (CFSP) 2015/382 to expand listing criteria and amended list of people and entities

Amended by Council Decision (CFSP) 2015/818 to expand the listing criteria and update listings

Consolidated into Council Decision (CFSP) 2015/1333

Council Regulation (EU) No 204/2011 (OJ L 58, 2 March 2011) contains: notice to listed persons/entities bodies; arms embargo; export ban; and asset freezes

Amended by Council Regulation (EU) No 296/2011 (OJ L 80, 25 March 2011) amendment to ban on providing services; ban on EU flights in Libyan airspace and vice versa; exception to asset freezes

Amended by Council Implementing Regulation (EU) No 360/2011 (OJ L 100, 12 April 2011) list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 502/2011 (OJ L 136, 23 May 2011) amendment to list of persons and entities subject to sanctions

Amended by Council Regulation (EU) No 572/2011 (OJ L 159, 16 June 2011) amendment to exception to asset freezes; additional exception to asset freezes; amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 573/2011 (OJ L 159, 16 June 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 804/2011 (OJ L 206, 10 August 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 872/2011 (OJ L 227, 1 September 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 925/2011 (OJ L 241, 15 September 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 941/2011 (OJ L 246, 22 September 2011) amendment to one list of persons and entities subject to sanctions

Amended by Council Regulation (EU) No 965/2011 (OJ L 253, 28 September 2011) asset freezes; amendment to one list of persons and entities subject to sanctions; end of the ban on Libyan flights over EU airspace

Amended by Council Regulation (EU) No 1139/2011 (OJ L 293, 10 November 2011) end of the ban of EU flights over Libya

Amended by Council Regulation (EU) No 1360/2011 (OJ L 341, 20 December 2011) end of the ban of EU flights over Libya

Amended by Council Implementing Regulation (EU) No 50/2013 (OJ L 20, 22 January 2013) amendment to list of persons and entities subject to sanctions

Amended by Council Implementing Regulation (EU) No 364/2013 (OJ L 111, 22 April 2013) amendment to list of persons and entities subject to sanctions

Amended by Council Regulation (EU) No 488/2013 (OJ L 141, 27 May 2013) amendment to exception to asset freeze/ban on service provision

Amended by Council Regulation (EU) No 517/2013 (OJ L 158, 13 May 2013) enlargement of competent authorities

Amended by Council Regulation (EU) No 45/2014 (OJ L 16, 20 January 2014) amendment of non-liability and no claims clauses

Amended by Council Implementing Regulation (EU) No 74/2014 (OJ L 26, 28 January 2014) amendment to one list of persons and entities subject to sanctions

Amended by Council Regulation (EU) No 1102/2014 (OJ L 301, 21 October 2014) to extend the application of the asset freeze and travel ban and amend the scope of the arms embargo

Amended by Council Implementing Regulation (EU) No 1103/2014 (OJ L 301, 21 October 2014) to update the identifying information in relation to two individuals

Amended by Council Implementing Regulation (EU) 2015/376 to expand listing criteria and amended list of people and entities

Amended by Council Regulation (EU) 2015/813 to expand the listing criteria

Amended by Council Implementing Regulation (EU) 2015/814 to update the listings

Amended by Council Implementing Regulation (EU) 2015/1323 to update the identifying information for 20 people and 16 entities

Amended by Council Regulation (EU) 2015/1324 to add an exception to the arms embargo

Common Position 2004/698/CFSP (OJ L 317, 14 October 2004) contains protection of economic operators from UN measures

Council Regulation (EC) No 3275/1993 (OJ L 295, 29 November 1993) contains a prohibition to satisfy claims with regard to transactions whose performance is affected by UN measures

Amended by Council Regulation (EC) No 1786/2004 (OJ L 317, 14 October 2004) amendment to the preamble

Case Law (all actions for annulment unless otherwise specified)

Kadhaf Al Dam v Council and Commission (Case T-348/13) (Date of Lodging: 3 July 2013)

Afriqiyah Airways v Council (Case T-436/11) (Date of Lodging: 3 August 2011)

One thought on “Libya

  1. Pingback: EU AMENDS LIBYA SANCTIONS LISTINGS AND EXPANDS LISTING CRITERIA - European Sanctions

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