Security Council Committee Concerning Libya Issues Update to Its

 

Implementation Assistance Notice #2 on Arms Embargo

 

On 23 July 2014, the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya issued the following update to its Implementation Assistance Notice no. 2. The Notice is accessible on the Committee’s website at the following URL:  www.un.org/sc/committees/1970/notices.shtml.

Implementation Assistance Notice #2

(as updated on 23 July 2014)

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 paragraph 9 of Security Council resolution 1970 (2011), paragraph 13 of resolution 2009 (2011), paragraphs 9 and 10 of resolution 2095 (2013), and paragraphs 7 and 8 of resolution 2144 (2014).

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).

By paragraph 7 of resolution 2144 (2014), the Security Council stressed that Member States should ensure that notifications contain all relevant information.  This information consists of the following:  precise end-user,[1] exact quantity of items and a detailed list of equipment to be provided,[2] intended dates of delivery, means of transport, intended port of entry, intended place(s) of delivery, as necessary, and 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.

Upon the delivery of each consignment, the supplying Member State should write to the Committee to confirm the transfer and provide the following information:  exact quantity of items delivered, actual port of entry, place(s) of delivery, and recipient of shipment (name and position).  No later than one month after the delivery of each consignment, the Libyan Government should notify the Committee of the specific place of storage of the delivered materiel.

Temporary transfers of small arms, light weapons and related materiel 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] intended dates of delivery, means of transport, intended port of entry and the intended place(s) of delivery, as necessary.  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.

Upon completion of the delivery, the supplying Member State should write to the Committee to confirm the transfer and provide the following information:  exact quantity of items delivered, actual port of entry, place(s) of delivery, and recipient of shipment (name and position).  No later than one month after the delivery, the end-user should notify the Committee of the specific place of storage of the delivered materiel.

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

Pursuant to paragraph 9 of resolution 2095 (2013), non-lethal military equipment intended 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 and 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 should 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] intended dates of delivery, means of transport, intended port of entry and intended place(s) of delivery, as necessary.  Any request for exemption for military equipment intended for the Libyan Government should also contain a note by the relevant 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.

Upon the delivery of each consignment, the supplying Member State should write to the Committee to confirm the transfer and provide the following information:  exact quantity of items delivered, actual port of entry, place(s) of delivery, and recipient of shipment (name and position).  No later than one month after the delivery of each consignment, the end-user should notify the Committee of the specific place of storage of the delivered materiel.

In the case of the provision of training or technical assistance, the Member State should provide precise details of the type of training and/or assistance to be delivered, the name of the body that will provide the service and the recipient to whom the service will be delivered, as well as the location and duration.

Private companies’ compliance with the arms embargo

The Committee would like to remind Member States to ensure compliance with the arms embargo by private companies.  Any private company, including security firms 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.

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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 (see footnote 3) and the indication of the identity of this end-user are sufficient.  The notification should include the name of the precise body which will manage the material and the precise unit that will use it.

[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] Focal points responsible for procurement have been identified by the Libyan authorities in the various relevant ministries and notified to the Committee by the Permanent Mission of Libya to the United Nations:  information about the officials within these focal points who are authorized to sign the note can be provided or confirmed by the Committee secretariat upon request (SC-1970-Committee@un.org).

[4] The notification should include the name of the precise body which will manage the material and the precise entity that will use it.

[5] See footnote 2.

[6] The notification should include the name of the precise body which will manage the material and the precise entity that will use it.

[7] See footnote 2.

[8] See footnote 3.

For information media • not an official record