This is how the EU's sanction against Libya evolved:

As a result of the violence used by the Libyan regime against civilians, the UN Security Council passed Resolution 1970 on 26 February 2011, introducing an arms embargo against Libya with regard to both exports and imports, and an inspection regime for all cargo to or from the country where there is reason to suspect a breach of the embargo. In addition, restrictive measures were introduced against persons contributing to human rights violations in the country.

On 17 March 2011, the Security Council passed Resolution 1973 which, in addition to providing the mandate for an international operation to protect civilians, extended the sanctions and established a no-fly zone in Libya.

In light of developments in Libya, the UN Security Council adopted Resolution 2009 on 15 September 2011, relaxing some of the sanctions, including the arms embargo. The ban on flights by Libyan aircraft to and from third countries was lifted, as was the freezing of assets belonging to certain entities, including the Libyan National Oil Corporation. The regulations were changed for the four Libyan entities with the most assets frozen, including the Central Bank, to enable gradual relaxations and the Council's sanctions committee was instructed to eventually de-list these entities in consultation with Libyan authorities.

On 26 October 2011, the UN Security Council adopted Resolution 2016, ending the mandate to the Member States to protect civilians and maintain a no-fly zone.

In December 2011, the Security Council's sanctions committee de-listed the Libyan Central Bank and the Libyan Arab Foreign Bank. The Libyan Investment Authority and the Libyan Africa Investment Portfolio are still listed by the UN, although the effects of being listed are limited. Furthermore, the sanctions against the Gaddafi family and other senior representatives of the the previous regime are still in place.

All UN sanction decisions have been implemented by the EU, which has also adopted autonomous sanctions. The latter have gradually been abolished.

and this is the current status of those sanctions:

1. Arms embargo, etc.

All EU Member States shall take the necessary measures to prevent the sale or supply of arms and related materiel, including ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Libya by nationals of Member States or from the territories of Member States or by using the flag vessels or aircraft of Member States. A corresponding prohibition applies to technical and financial assistance related to the supply of such items. The same kind of embargo applies to equipment which might be used for internal repression. However, there are certain possibilities for exemptions, which have recently been expanded. It is also prohibited to obtain the products covered by these embargoes from Libya.

2. Travel restrictions

All Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons responsible for the violent repression in Libya. Certain exemptions may be made, for example on humanitarian grounds. Those concerned are listed in special annexes to the EU legal instruments, which specify which persons are to be subject to the ban under a UN decision or independent EU decision. These lists have been extended and updated on several occasions; see “Relevant EU documents”.

3. Freezing of assets

Persons and entities responsible for the violent repression in Libya and persons and entities with links to them shall have their assets in the EU frozen. It is also prohibited to make funds and economic resources available to them. However, certain exemptions are possible, for example on humanitarian grounds. The persons and entities concerned are listed in annexes to the EU legal instruments, which specify the persons and entities to be subject to this restriction under a UN decision or independent EU decision.

In light of the fact that the situation in Libya has changed, a number of entities and a few persons have recently been removed from the lists, some by the UN and some by the EU. The freezing of assets and the ban on access no longer apply to those removed from the lists.

Resolution 2009 introduced special regulations to apply until further notice to four of the entities listed by the UN. The regulations covered the Central Bank, the Libyan Arab Foreign Bank, the Libyan Investment Authority and the Libyan Africa Investment Portfolio. The UN sanctions committee subsequently completely de-listed both the Central Bank and the Libya Arab Foreign Bank. With regard to the other two entities, the assets that were frozen outside of Libya when the resolution was adopted will remain frozen, but from then on it is no longer prohibited to make funds available to them. The possibilities of exemptions for frozen funds belonging to entities are expanded in Resolution 2009. This expansion means that exemptions may be made following a decision by a public authority and under the condition that the Libyan authorities have been consulted, that the funds in question are for certain civilian and humanitarian purposes specified in Resolution 2009, and that the sanctions committee has not challenged the procedure.

and these are the relevant EU decisions:

Security Council Resolution 1970 was implemented through Council Decision 2011/137/CFSP of 28 February 2011, with associated Council Regulation (EU) No 204/2011. Amendments to this required by Security Council Resolution 1973 were made through Council Decision 2011/178/CFSP of 23 March 2011, and Council Regulation (EU) No 296/2011 on amendments to the existing regulation.

The content of UN Security Council Resolution 2009 was implemented by the EU through Council Decision 2011/625/CFSP and Council Regulation (EU) No 965/2011 of 22 and 28 September 2011 respectively.

Through Council Decision 2011/729/CFSP the EU has implemented the decision taken by the UN Security Council to lift the no-fly zone. The decision was operationalised through Council Regulation (EU) No 1139/2011.

De-listing of the Central Bank and the Libyan Arab Foreign Bank by the United Nations Security Council sanctions committee was implemented through Council Decision 2011/867/CFSP. The decision was operationalised through Council Regulation (EU) No 1360/2011.

In addition, the EU has removed from the lists entities that were decided by the EU independently through several implementing decisions and regulations. However, autonomous EU sanctions against some subsidiaries of the Libyan Investment Authority and the Libyan Africa Investment Portfolio remain in place. Additionally, the listing of the Gaddafi family and their close associates remains.

The current contents of the lists are not available in consolidated form, but they can be found by looking at the compilation of lists contained in Council Implementing Regulation (EU) No 360/2011, together with the additions made through Council Implementing Regulation (EU) No 502/2011 and Council Regulation (EU) No 572/2011, a removal made through Council Implementing Regulation (EU) No 573/2011, and removals made in the aforementioned Council Implementing Regulation (EU) No 925/2011 and Council Implementing Regulation (EU) No 941/2011.

Supported by the Sanctions Act, the Government has approved a national ordinance (2012:114) to implement the arms embargo in Sweden with regard to the import of arms. (The aspects of the the arms embargo relating to exports are implemented through Swedish military equipment legislation.)

Link:

Sweden EU Libya sanctions page

Posted with Blogsy

Categories: EU Updates Libya Sanctions Sanctions Programs Sanctions Regulations

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