Sanctions

Libya

Australia fully implements the United Nations Security Council (UNSC) sanctions regime in relation to Libya. 

The UNSC adopted resolution 1970 (2011) on 26 February 2011 imposing the sanctions regime in response to the violence and use of force against civilians in Libya; the gross and systematic violation of human rights, including the repression of peaceful demonstrators; the deaths of civilians; and the incitement to hostility and violence against the civilian population made from the highest level of the Libyan Government.  The sanctions regime has been amended and renewed by several subsequent UNSC resolutions.

Australia also imposes an autonomous sanctions regime in relation to Libya to supplement the UNSC sanctions regime.

The Australian Government announced the autonomous sanctions regime on 26 February 2011, the same day on which the UNSC adopted resolution 1970 (2011), to reflect Australia's grave concern at the deeply disturbing and unacceptable use by the Libyan regime of violence against its people.

This page summarises the current sanctions measures imposed by the sanctions regimes implemented by Australia in relation to Libya.

This page also includes information on de-listing requests from a designated person or entity and useful links.

Restrictions on the export or supply of goods

UNSC sanctions regime

Australian law prohibits the direct or indirect supply, sale or transfer to Libya of the following ‘export sanctioned goods’:

  • arms or related matériel

without a sanctions permit.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising the supply of arms or related matériel to Libya.

You may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

The Minister may need to notify or receive the approval of the UNSC Libya Sanctions Committee before granting a sanctions permit.

Implementing legislation

Restrictions on the export or provision of services

UNSC sanctions regime

Australian law prohibits the provision of:

  • technical, financial or other assistance, or training, related to
    • military activities;
    • the supply, sale, transfer, manufacture, maintenance or use of arms or related matériel; or
    • the provision of armed mercenary personnel, whether or not originating in Australia;
  • a financial transaction with respect to crude oil illicitly exported from Libya aboard a ‘designated vessel’ for Libya; and
  • a bunkering service for a ‘designated vessel’ for Libya

without a sanctions permit.

A 'designated vessel' is one that has been designated by the UNSC Libya Sanctions Committee. The Committee has not yet designated a vessel for these purposes.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may be able to grant a sanctions permit authorising the provision of a service that would otherwise contravene this prohibition if the service is:

  • a service consisting of technical assistance or training related to a supply of non-lethal military equipment intended solely for humanitarian or protective use;
  • a service consisting of technical assistance, training or financial assistance intended solely for security or disarmament assistance to the Government of Libya;
  • a bunkering service for a ‘designated vessel’ that is necessary for humanitarian purposes, or provided in relation to the return of the ‘designated vessel’ to Libya; or
  • a service consisting of assistance or the provision of personnel.

You may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

The Minister may need to notify or receive the approval of the UNSC Libya Sanctions Committee before granting a sanctions permit.

Implementing legislation

Restrictions on the import or procurement of goods

UNSC sanctions regime

Australian law prohibits the procurement from Libya, or from a person or entity in Libya, of the following ‘import sanctioned goods’:

  • arms or related matériel.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may not grant a sanctions permit authorising the procurement of arms or related matériel from Libya.

Implementing legislation

Targeted financial sanctions

UNSC sanctions regime

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled, directly or indirectly, by
    • a ‘designated person or entity’ for Libya;
    • a person or entity acting on behalf of or at the direction of a 'designated person or entity' for Libya; or
    • an entity owned or controlled by a 'designated person or entity' for Libya; and
  • making an asset available directly or indirectly to, or for the benefit of
    • a ‘designated person or entity’ for Libya;
    • a person or entity acting on behalf of or at the direction of a ‘designated person or entity’ for Libya; or
    • an entity owned or controlled by a ‘designated person or entity’ for Libya

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

1. The Minister for Foreign Affairs may be able to grant a sanctions permit authorising an activity that would contravene these prohibitions if the activity is:

  • a ‘basic expense dealing’;
  • a ‘legally required dealing’
  • a ‘contractual dealing’;
  • a ‘required payment dealing’; or
  • an ‘extraordinary expense dealing’

as those terms are defined in regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008.

2. The Minister for Foreign Affairs may also be able to grant a sanctions permit authorising the use of or dealing with an asset that:

  • is owned or controlled by the Libyan Investment Authority, or the Libyan Africa Investment Portfolio; and
  • was outside Libya and frozen on 16 September 2011

if the use or dealing is for one or more of the following purposes:

  • addressing humanitarian needs;
  • fuel, electricity or water for civilian use;
  • resuming Libyan production or sale of hydrocarbons;
  • establishing, operating or strengthening institutions of civilian government or civilian public infrastructure; or
  • facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

The Minister may need to notify or receive the approval of the UNSC Libya Sanctions Committee and consult the Government of Libya before granting a sanctions permit.

Implementing legislation

Australian autonomous sanctions regime

Australian law prohibits:

  • the use of or dealing with an asset that is owned or controlled by a ‘designated person or entity’ for Libya; and
  • making an asset available directly or indirectly to, or for the benefit of, a ‘designated person or entity’ for Libya

without a sanctions permit.

An ‘asset’ is defined broadly to include an asset or property of any kind, whether tangible or intangible, movable or immovable.

The Consolidated List includes the names of all designated persons and entities.

Conditions for the grant of a sanctions permit

The Minister for Foreign Affairs may grant a sanctions permit authorising an activity that would contravene these prohibitions if:

  • the Minister is satisfied that it would be in the national interest to do so; and
  • the application for the sanctions permit is for ‘a basic expense dealing’, a ‘legally required dealing’, or a ‘contractual dealing’ as those terms are defined in regulation 20 of the Autonomous Sanctions Regulations 2011.

If you assess that your activity satisfies these conditions, you may apply for a sanctions permit using the Online Sanctions Administration System (OSAS).

Implementing legislation

Travel bans

UNSC sanctions regime

Australian law prohibits the entry into or transit through Australia of a ‘designated person’ for Libya without authorisation by the UNSC.

The Consolidated List includes the names of all designated persons.

Implementing legislation

Australian autonomous sanctions regime

Australian law prohibits a ‘declared person’ for Libya from travelling to, entering or remaining in Australia unless the Minister for Foreign Affairs waives this prohibition.

The Consolidated List includes the names of all declared persons.

Conditions for the waiver of a travel ban

The Minister for Foreign Affairs may waive this prohibition only:

  • on the grounds that it would be in the national interest; or
  • on humanitarian grounds.

Implementing legislation

De-listing requests from a designated person or entity

UNSC sanctions regime

A person or entity designated for the purposes of the UNSC sanctions regime in relation to Libya may submit a de-listing request either through the Focal Point for De-Listing established by UNSC resolution 1730 (2006), or through the person or entity’s country of citizenship or residence. 

Australian autonomous sanctions regime

A person or entity designated or declared for the purposes of the Australian autonomous sanctions regime in relation to Libya may submit a de-listing request to the Minister for Foreign Affairs under regulation 11 of the Autonomous Sanctions Regulations 2011.