Sanctions regimes
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Why are sanctions imposed?
In 2011, the United Nations Security Council (UNSC) imposed sanctions in relation to Libya in response to the violence and use of armed force against civilians in Libya and the systemic violations of human rights by the former Qadhafi regime. Several subsequent UNSC resolutions have amended and renewed the sanctions. Australia implements the UNSC sanctions concerning Libya by incorporating them into Australian law.
Australia also imposes autonomous sanctions in relation to Libya, which complement the UNSC sanctions regime.
What is prohibited by the Libya sanctions regime?
The Libya sanctions regime imposes the following sanctions measures:
Measure | UNSC | Autonomous |
---|---|---|
restrictions on supplying arms and related services (an arms embargo) | ✓ | |
restrictions on the import or purchase of arms | ✓ | |
restrictions on providing services in relation to designated vessels | ✓ | |
restrictions on dealing with the assets of designated persons or entities | ✓ | ✓ |
travel bans on listed persons | ✓ | ✓ |
Restrictions on supplying arms or related matériel
The UNSC sanctions regime imposes an arms embargo. It is prohibited to:
- directly or indirectly supply, sell or transfer arms or related matériel to Libya
Arms or related matériel includes, but is not limited to, weapons, ammunition, military vehicles and equipment, and spare parts and accessories for any of those things. It also includes paramilitary equipment. While each case will be considered individually, goods on the Defence and Strategic Goods List are likely to be considered arms or related matériel. Depending on the context, end user and end use, other goods may also be considered arms or related matériel. Go to Factsheet: Arms and Related Matériel for information on what to consider when assessing whether a good is an arm or related matériel.
Restrictions on providing certain services
To complement the restrictions on supplying arms, providing services that relate to those sanctioned goods is also restricted. It is prohibited to:
- provide technical, financial or other assistance, or training, to Libya (directly or indirectly) if those services relate to:
- military activities
- the supply, maintenance or use of arms or related matériel, or
- the provision of armed mercenary personnel (whether or not originating in Australia).
Restrictions on the import or procurement of arms
It is prohibited to procure arms or related matériel from Libya or a person or entity in Libya.
Restrictions on providing services in relation to designated vessels
The UNSC’s Libya Sanctions Committee has the power to designate vessels for the purposes of the Libya sanctions regime to prohibit transactions with crude oil illicitly exported from Libya aboard a designated vessel and bunkering services (the provision of fuel, supplies or other servicing) for a designated vessel. There are currently no designated vessels.
Restrictions on dealing with designated persons or entities
The UNSC (through its resolutions and its Libya Sanctions Committee) has designated persons and entities associated with the former Qadhafi regime. The UNSC designations are supplemented by Australian autonomous sanctions under which the Minister for Foreign Affairs has designated additional persons and entities also associated with the former Qadhafi regime. Subject to certain exceptions relating to the Libyan Investment Authority and the Libyan Africa Investment Portfolio, it is prohibited to:
- directly or indirectly make an asset available to (or for the benefit of) a designated person or entity
- use or deal with an asset, or allow or facilitate another person to use or deal with an asset, if the asset is owned or controlled by a designated person or entity (the assets are ‘frozen’ and cannot be used or dealt with).
An 'asset' includes an asset or property of any kind, whether tangible or intangible, movable or immovable.
Go to the Consolidated List to search the names of designated persons and entities.
If you become aware that you are holding an asset of a designated person or entity, you are required to freeze (hold) that asset and notify the AFP as soon as possible. Go to What You Need to Do for more information.
Travel bans
All persons designated for the Libya sanctions regime are prohibited from traveling to or entering Australia.
Sanctions Permits
The Minister for Foreign Affairs may grant sanctions permit to allow an activity that would otherwise be prohibited under these regimes provided the activity meets specific criteria.
The table below provides a general guide to relevant criteria. You should get your own legal advice if you think your proposed activity is affected by sanctions and may meet the criteria for a permit. Go to Sanctions Permits for information on sanctions permits and applying for a permit.
The Foreign Minister may need to notify or receive the approval of the UNSC before granting a sanctions permit. Where required, the Australian Sanctions Office will assist the Foreign Minister to notify or seek approval from the UNSC as part of the permit application process.
Measure | Criteria | Reference |
---|---|---|
Restrictions on supplying arms or related matériel |
The supply is
|
Regulations 3,5,6 and 7 of the Charter of the United Nations (Sanctions – Libya) Regulation 2011 Regulation 13CS of the Customs (Prohibited Exports) Regulations 1958 |
Restrictions on the import or purchase of arms | No permit is available | Regulations 3 and 8 of the Charter of the United Nations (Sanctions – Libya) Regulation 2011 |
Providing technical, financial or other assistance, or training |
The service:
|
Regulations 3,4, 9 and 10 of the Charter of the United Nations (Sanctions – Libya) 2011 |
Providing services in relation to designated vessels |
The service is:
|
Regulations 3,4, 9 and 10 of the Charter of the United Nations (Sanctions – Libya) 2011 |
Restrictions on dealing with the assets of designated persons or entities (UNSC targeted financial sanctions) |
The activity is a:
|
Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 |
The use of or dealing with an asset that:
if the use or dealing is for one or more of the following purposes:
facilitating the resumption of banking sector operations, including to support or facilitate international trade with Libya. |
Regulations 3, 11, 12, 12A, 12B, 12C, 13, 13A of the Charter of the United Nations (Sanctions – Libya) 2011 Regulation 5 of the Charter of the United Nations (Dealing with Assets) Regulations 2008 |
|
Restrictions on dealing with the assets of designated persons or entities (autonomous sanctions) |
The Foreign Minister is satisfied that it would be in the national interest to grant a permit and the activity is a:
|
Regulations 6, 14, 15, 18 and 20 of the Autonomous Sanctions Regulations 2011 Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) List 2012 Regulations 11A and 11B of the Customs (Prohibited Exports) Regulations 1958 |
Relevant legislation
The relevant legislation for the Libya sanctions regime includes the following:
- Charter of the United Nations Act 1945
- Charter of the United Nations (Dealing with Assets) Regulations 2008
- Charter of the United Nations (Sanctions – Libya) Regulations 2011
- Customs (Prohibited Exports) Regulations 1958
- Customs (Prohibited Imports) Regulations 1956
- Autonomous Sanctions Act 2011
- Autonomous Sanctions Regulations 2011
- Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) List 2012
- Migration (United Nations Security Council Resolutions) Regulations 2007