Security Council Committee Concerning Libya Issues Update to Its Implementation Assistance Notice #3 on Arms Embargo
On 24 November 2014, the Security Council Committee established pursuant to resolution 1970 (2011) concerning Libya issued the following update to its Implementation Assistance Notice no. 3. The Notice is accessible on the Committee’s website at the following URL: http://www.un.org/sc/committees/1970/notices.shtml.
Implementation Assistance Notice #3
(as updated on 24 November 2014)
This note contains information aimed at assisting Member States in the implementation of the arms embargo on Libya and focuses particularly on the reporting of detections of attempts or actual violations[1] of the embargo to the Committee, and the disposal of embargoed materiel. The arms embargo covers arms and related materiel both to and from Libya, with provisions for exemptions as described in the relevant UN Security Council resolutions.
1. Reporting violations or attempted violations of the arms embargo
In paragraph 14 of resolution 2144 (2014), the Security Council urges all States, relevant United Nations bodies, including UNSMIL, and other interested parties, to cooperate fully with the Committee and the Panel, in particular by supplying any information at their disposal on the implementation of the measures decided in resolutions 1970 (2011) and 1973 (2011), and modified in resolution 2009 (2011), 2040 (2012), 2095 (2013) and 2144 (2014), in particular incidents of non-compliance.
To this end, Member States should report any discovery of sanctions violations committed within their territory, or outside, to the Committee as soon as possible.
Paragraph 9 of resolution 2174 (2014), calls upon all States, in particular States neighbouring Libya, to inspect in their territory, including seaports and airports, […] all cargo to and from Libya, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer or export of which is prohibited under the arms embargo.
Paragraph 13 of resolution 1970 (2011), paragraph 15 of resolution 1973 (2011) and paragraph 11 of resolution 2174 (2014) require any Member State, when it undertakes such an inspection, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for transfer are found. Member States are also required, at a later stage, to submit a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including date, location, means of transport of cargo, details of the carrier, the perpetrators of the violation, the intended end-user, the exact type and quantity of materiel, documents related to the transfer of the cargo if any and photographs where possible.
2. Examination and action taken by the Committee pursuant to reporting of violations by States; assistance provided by the Panel of Experts
After learning of a sanctions violation the Committee, and/or its Panel of Experts which provides assistance in compiling and analysing the facts and circumstances of sanctions violations, may write letters to all States involved in the incident to request additional information. These letters are strictly intended to determine or clarify the facts of the case and to assist the Committee in the formulation of recommendations for all Member States. All States are asked to respond promptly to requests from the Committee or its Panel of Experts for information.
Following the submission of their report, States are asked to invite the Panel to visit and inspect any items that may have been seized by their national authorities. Such visits should be made only with consent of the concerned State.
3. Disposal of prohibited materiel
Member States are authorized and required, upon discovery of prohibited items, to seize and dispose of such items, preferably after the Panel’s inspection, through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal. Member States are asked to inform the Committee of imminent destruction or transfer of materiel.
[1] Sanctions violations may occur when activities or transactions proscribed by Security Council resolutions are undertaken or attempts are made to engage in proscribed transactions, whether or not the transaction has been completed.