Security Council Committee Concerning Libya Issues

Implementation Assistance Notice on Arms Embargo

On 25 July 2012, the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya issued the following implementation assistance notice:

Implementation Assistance Notice #2

This note contains information aimed at assisting Member States in the implementation of the arms embargo on Libya and focuses particularly on some aspects of the exemptions contained in paragraphs 9 and 13, respectively, of Security Council resolutions 1970 (2011) and 2009 (2011).

Provision of Security Sector-related Support to the Libyan Authorities

Several Member States have initiated or are planning to provide security-related support programs to the Libyan security sector.  The Committee would like to remind Member States that pursuant to paragraph 13(a) of Security Council Resolution 2009 (2011), Member States are required to notify the Committee should that Member State or a private company seek to supply, sell or transfer arms and related materiel of all types, including technical assistance, training, financial and other assistance from or through their territory intended solely for security or disarmament assistance to the Libyan authorities.  This includes security-related training of Libyans within Libya or abroad.  A notification should be sent to the Committee with the following information:  precise end-user^*, exact quantity of items and a detailed list of equipment to be provided^**,a note from the Libyan body responsible for dealing with requests for support and intended dates of delivery.  After submitting the notification and in the absence of a negative decision by the Committee within 5 working days of having received it, the Member State may proceed.

Temporary Transfers of Small Arms, Light Weapons and Related to Certain Categories of Entities

Pursuant to paragraph 13(b) of Security Council resolution 2009 (2011), Member States are required to notify the Committee through the Permanent Mission to the United Nations of the relevant Member State should that Member State or a private company seek to temporarily transfer small arms, light weapons and related materiel to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel.  All requests should include the following information:  name and details of the company, precise end-user^*, exact quantity of items and detailed list of equipment to be provided^** and the intended dates of delivery.  After submitting the notification and in the absence of a negative decision by the Committee within 5 working days of having received it, the Member State may proceed.

Other Transfers of Military-Related Materiel or Provision of Training

If the Member State or private company is seeking to transfer military related materiel or provide training to categories of individuals or entities not covered by paragraph 13(b), the relevant Member State shall request from the Committee an exemption to the arms embargo according to paragraph 9 of resolution 1970 (2011).  All requests should include the following information:  name and details of the company, precise end-user^*, exact quantity of items and detailed list of equipment to be provided^** and the intended dates of transfer.  Only after the request has been submitted and approved by the Committee, the Member State may proceed.

Private Security Firms’ Compliance with the Arms Embargo

The Committee would like to remind Member States to ensure compliance with the arms embargo by private security firms.  Any private security firm active in Libya should check with its relevant national authorities to ensure full compliance with domestic laws or regulations put in place to implement the United Nations arms embargo.

This notice is also accessible on the Committee’s website at:  http://www.un.org/sc/committees/1970/.

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^*     The supplying party is not obliged to present a copy of the end-user certificate; a confirmation that an end-user certificate has been signed by the relevant Libyan authorities and the indication of the identity of this end-user are sufficient.

^**     The provision of a detailed list bears relevance only insofar as any types of the supplied equipment are included in the United Nations Register of Conventional Arms or the Wassenaar Arrangement.

For information media • not an official record