Security Council Committee Concerning Libya Issues Update to Second

 

Implementation Assistance Notice on Arms Embargo

 

On 27 August 2013, the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya issued the following update to its implementation assistance notice:

Implementation Assistance Notice #2

(as updated on 27 August 2013)

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 of Security Council resolution 1970 (2011), 13 of resolution 2009 (2011), and 9 and 10 of resolution 2095 (2013).

Provision of security or disarmament assistance to the Libyan government

The Committee would like to recall 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.  By paragraph 10 of resolution 2095 (2013), the Security Council decided that supplies of non-lethal military equipment and the provision of any technical assistance, training or financial assistance, when intended solely for security or disarmament assistance to the Libyan government, shall no longer require notification to, or the absence of a negative decision by, the Committee, as previously provided for in paragraph 13 (a) of resolution 2009 (2011).  As a result, only lethal military equipment, including related ammunition and spare parts, should be notified under paragraph 13 (a) of resolution 2009 (2011).  Notifications should be sent to the Committee with the following information:  precise end-user[1], exact quantity of items and a detailed list of equipment to be provided[2], intended dates of delivery, a note issued by the Libyan body responsible for dealing with requests for assistance[3].  After submitting the notification and in the absence of a negative decision by the Committee within five working days of the circulation of such notification to the Committee, 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 resolution 2009 (2011), Member States are required to notify the Committee through the Permanent Mission to the UN 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[4], exact quantity of items and detailed list of equipment to be provided[5] and the intended dates of delivery.  After submitting the notification and in the absence of a negative decision by the Committee within five working days of having received it, the Member State may proceed.

Non-lethal military equipment indented solely for humanitarian or protective use

Pursuant to paragraph 9 of resolution 2095 (2013), non-lethal military equipment indented solely for humanitarian or protective use and related technical assistance or training shall no longer require the approval of the Committee as previously provided for in paragraph 9 (a) of resolution 1970 (2011).

Other transfers of military related material 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 9 (a) or (b) of resolution 1970 (2011) or paragraph 13 of resolution 2009 (2011), the relevant Member State shall request from the Committee an exemption to the arms embargo according to paragraph 9 (c) of resolution 1970 (2011).  All requests should include the following information:  name and details of the company, precise end-user[6], exact quantity of items and detailed list of equipment to be provided[7], and intended dates of delivery.  Any request for exemption for military equipment intended for disarmament and security assistance to the Libyan government should also contain a note by the Libyan body responsible for dealing with requests for assistance[8].  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 UN arms embargo.

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

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[1]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.

[2] The provision of a detailed list bears relevance only insofar as any types of the supplied equipment are included in the UN Register of Conventional Arms or the Wassenaar Arrangement.

[3] Military Procurement Department (Libyan Ministry of Defense), www.mpd.ly, info@mpd.ly.

[4] See footnote 1.

[5] See footnote 2.

[6] See footnote 1.

[7] See footnote 2.

[8] See footnote 3.

For information media • not an official record