UN Security Council Sanctions: Libya
On 26 February 2011 the United Nations Security Council (UNSC) adopted resolution 1970, imposing sanctions against the Libyan Government in response to the violence and use of force against civilians in the Libyan Arab Jamahiriya, 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. On 17 March 2011, the UNSC adopted resolution 1973, strengthening the sanctions regime established by resolution 1970 in response to the deteriorating situation, escalation of violence, and heavy civilian casualties in Libya, and the failure of the Libyan authorities to comply with resolution 1970.
On 16 September 2011 the UNSC adopted resolution 2009, modifying the UNSC sanctions regime in relation to Libya. Resolution 2009 created new exemptions to the UN arms embargo in relation to Libya, removed the asset freeze against the Libyan National Oil Corporation and the Zeutina Oil Company, modified targeted financial sanctions in relation to the Central Bank of Libya, the Libyan Arab Foreign Bank, the Libyan Investment Authority and the Libya Africa Investment Portfolio and eased restrictions on Libyan-operated aircraft flying abroad. On 16 December 2011 the UNSC Committee established pursuant to resolution 1970 (2011) concerning Libya decided to remove the Central Bank of Libya and the Libyan Foreign Bank from its List of Individuals and Entities subject to the travel ban and/or assets freeze.
On 27 October 2011 the UNSC adopted resolution 2016, terminating the provisions of paragraphs 4 and 5 of resolution 1973 authorising all necessary measures to protect civilians and civilian populated areas under threat of attack.
Contravention of a UN sanction enforcement law carries severe penalties and is a strict liability offence for bodies corporate. See How are UN sanctions implemented in Australia for further information.
In accordance with resolutions 1970, 1973, 2009 and 2016, Australian law prohibits the following conduct:
1. The unauthorised direct or indirect supply, sale or transfer to Libya of arms and related materiel of all types
Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011, regulation 6
Customs (Prohibited Exports) regulations 1958, Regulation 13CS
2. The unauthorised provision of technical assistance, training, financial or other assistance related to:
- Military activities, or
- The provision, manufacture, maintenance or use of arms or related materiel, or
- The provision of armed mercenary personnel, whether or not originating in their territories
Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011, regulation 9
3. The procurement of arms or related materiel from Libya
Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011, regulation 8
Customs (Prohibited Imports) Regulations 1956, regulation 4ZB
4. The unauthorised use or dealing with the assets of, and the making available of assets to, or for the benefit of, a person or entity listed by the Security Council or the Committee established pursuant to resolution 1970 (2011) ("the Committee").
Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011, regulations 11 and 12
Charter of the United Nations (Dealing with Assets) Regulations 2008
Australia's Implementation of United Nations Security Council Financial Sanctions
Consolidated list of persons, entities and assets subject to UN Security Council financial sanctions (Excel) as provided for by regulation 40 of the Charter of the United Nations (Dealing with Assets) Regulations 2008
As a consequence of the decision of the UNSC Committee on 16 December 2011 and the operation of section 8 of the Charter of the United Nations Act 1945, subparagraph 12(2)(a)(i) and (ii) and subparagraph 13(2)(b)(i) (in relation to the Central Bank of Libya and the Libyan Arab Foreign Bank), of the Charter of the United Nations (Sanctions – Libya Arab Jamahiriya) Regulations 2011 cease to have effect. Amendments to the Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011 are currently being prepared and will be implemented soon.
5. The entry or transit through Australia of persons listed by the Security Council or the Committee.
Migration (United Nations Security Council Resolutions) Regulations 2007
6. The unauthorised take off from, landing in or overflight of Australian territory by any aircraft suspected of containing goods or mercenary personnel subject to sanctions.
Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011, regulations 13B and 13C
Authorisations and inquiries
To apply for an authorisation to engage in conduct otherwise prohibited by sanctions, or to make an inquiry as to whether a specific transaction is subject to sanctions, please use the Online Sanctions Administration System.