Security Council Renews Measures against Illicit Oil Exports from Libya, Grants Mandate Extension for Expert Panel Assisting Sanctions Committee
The Security Council today renewed until 31 July 2017 the measures imposed by its resolution 2146 (2014) on the prevention of illicit crude oil exports from Libya.
Acting under Chapter VII of the United Nations Charter in adopting resolution 2278 (2016), the Council extended measures requiring a vessel’s flag State to take the necessary measures to prevent ships from loading, transporting or discharging crude oil from Libya. The text also required Member States to prevent vessels carrying Libyan crude from entering their ports, and to prevent their nationals, entities or individuals on their territory from engaging in any financial transactions with respect to such crude oil.
Also by today’s action, the Council extended, until the same date, the mandate of the Panel of Experts assisting the Libya Sanctions Committee established under resolution 1970 (2011). It requested that the Government of National Accord confirm to the Committee as soon as it exercised sole and effective oversight over the National Oil Corporation, the Central Bank of Libya and the Libyan Investment Authority. Further, the Council requested that the Government of National Accord appoint a focal point to brief the Committee and provide information relevant to its work.
By further terms of the text, the Council urged Member States to provide the Government of National Accord with security and capacity-building assistance in response to threats against Libya’s security and in defeating terrorist organizations operating in the country. It also urged them to improve the monitoring and control of arms or related materiel supplied, sold or transferred to Libya.
Speaking after the vote, Ibrahim Dabbashi (Libya) said his delegation had worked closely with Security Council members in drafting the resolution, which represented an additional step to help the Libyan people protect and develop their national wealth. Although the delegation had not heard any serious argument against the proposal to create a Libyan institution for investment, it was surprising that the Council had not responded to a request for the creation of such a body. The Council would, therefore, be responsible for all the losses recorded by the Libyan people, amounting to some $2 billion a year, he said. Despite the Council’s reiteration of its commitment to helping the Libyan people protect their wealth, there was a contradiction between words and deeds, which did not help build the Council’s credibility in the Libyan people’s eyes.
While expressing satisfaction at the national Government’s return of the capital, Tripoli, he emphasized, however, that Libya would not have peace and security until a legitimate Government could operate in a secure environment. The Government’s return was a critical step towards countering the presence of armed militias in the capital, which had made “hell” of people’s everyday lives. Urging all groups, as well as the Libyan people to support the Government of National Accord in facing the criminal militia trying to undermine Tripoli’s security through terrorist acts, he called upon all army and police officers to return to work on the basis of instructions from the Presidential Council. Those who tried to weaken the political process were trying to question the legitimacy of the Presidential Council and the Government of National Accord, he said, stressing that the Presidential Council and the Assembly of Deputies must work to convene an assembly of the people to endorse the Government.
The meeting began at 10:14 a.m. and ended at 10:25 a.m.
Resolution
The full text of resolution 2278 (2016) reads as follows:
“The Security Council,
“Recalling the arms embargo, travel ban, assets freeze and measures concerning illicit oil exports which were imposed and modified by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2146 (2014), 2174 (2014) and 2213 (2015) (‘the Measures’), and that the mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014) and 2174 (2014) was extended until 30 April 2016 by resolution 2213 (2015),
“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,
“Recalling resolution 2259 (2015), which welcomed the signing of the 17 December 2015 Libyan Political Agreement of Skhirat, Morocco and endorsed the Rome communiqué of 13 December 2015 to support the Government of National Accord as the sole legitimate government of Libya, that should be based in Tripoli, and further expressing its determination in this regard to support the Government of National Accord,
“Welcoming the meeting of the Libyan Political Dialogue on 10 March 2016, which reaffirmed its commitment to uphold the Libyan Political Agreement,
“Underlining the primary responsibility of the Government of National Accord in taking appropriate action to prevent the illicit export of crude oil from Libya and reaffirming the importance of international support for Libyan sovereignty over its territory and resources,
“Expressing its concern that the illicit export of crude oil from Libya undermines the Government of National Accord and poses a threat to the peace, security and stability of Libya,
“Expressing support to Libyan efforts to resolve peacefully the disruptions of Libya’s energy exports and reiterating that control of all facilities should be transferred back to the proper authorities,
“Further reiterating its concern about activities which could damage the integrity and unity of Libyan State financial institutions and the National Oil Corporation, highlighting the importance of these institutions continuing to function for the benefit of all Libyans, and stressing the need for the Government of National Accord to exercise sole and effective oversight over the National Oil Corporation, the Central Bank of Libya, and the Libyan Investment Authority as a matter of urgency, without prejudice to future constitutional arrangements pursuant to the Libyan Political Agreement,
“Further recalling resolution 2259 (2015), which called on Member States to cease support to and official contact with parallel institutions claiming to be the legitimate authority, but which were outside the Libyan Political Agreement, as specified by it,
“Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,
“Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians and stressing the need to transfer detainees to State authority,
“Reiterating its expression of support for the Government of National Accord, as stated in paragraph 3 of resolution 2259 (2015), and noting in this regard the specific requests made to the Government of National Accord in this resolution,
“Reiterating its request that all Member States fully support the efforts of the Special Representative of the Secretary-General and work with the Libyan authorities and United Nations Support Mission in Libya (UNSMIL) to develop a coordinated package of support to build the capacity of the Government of National Accord, in line with Libyan priorities and in response to requests for assistance,
“Determining that the situation in Libya continues to constitute a threat to international peace and security,
“Acting under Chapter VII of the Charter of the United Nations,
Prevention of Illicit Oil Exports
“1. Decides to extend until 31 July 2017 the authorizations provided by and the measures imposed by resolution 2146 (2014);
“2. Condemns attempts to illicitly export crude oil from Libya, including by parallel institutions which are not acting under the authority of the Government of National Accord;
“3. Requests that the Government of National Accord appoint and notify the Committee established pursuant to resolution 1970 (2011) of a focal point responsible for communication with the Committee with respect to the measures in resolution 2146 (2014), and to inform the Committee of any vessels transporting crude oil illicitly exported from Libya, and urges the Government of National Accord to provide regular updates to inform the Committee on ports, oil fields, and installations that are under its control, and to inform the Committee about the mechanism used to certify legal exports of crude oil;
“4. Calls on the Government of National Accord, on the basis of any information regarding such exports or attempted exports, to expeditiously contact the concerned vessel’s flag State, in the first instance, to resolve the issue and directs the Committee to immediately inform all relevant Member States about notifications to the Committee from the Government of National Accord’s focal point regarding vessels transporting oil illicitly exported from Libya;
Effective Oversight of the Financial Institutions
“5. Requests that the Government of National Accord confirm to the Committee as soon as it exercises sole and effective oversight over the National Oil Corporation, the Central Bank of Libya, and the Libyan Investment Authority;
Arms Embargo
“6. Requests the Government of National Accord to appoint a focal point to brief the Committee at its request and provide information relevant to the Committee’s work on the structure of the security forces under its control, the infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Government security forces, and training needs, and emphasizes the importance of the Government of National Accord exercising control over and safely storing arms, with the support of the international community;
“7. Affirms that the Government of National Accord may submit requests under paragraph 8 of resolution 2174 (2014) for the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, for the use by security forces under its control to combat ISIL [Islamic State in Iraq and the Levant/Da’esh], groups that have pledged allegiance to ISIL, Ansar al Sharia, and other groups associated with Al-Qaida operating in Libya, calls upon the Committee established pursuant to paragraph 24 of resolution 1970 (2011) to consider expeditiously such requests, and affirms the Security Council’s readiness to consider reviewing the arms embargo, when appropriate;
“8. Urges Member States to assist the Government of National Accord, upon its request, by providing it with the necessary security and capacity-building assistance, in response to threats to Libyan security and in defeating ISIL, groups that have pledged allegiance to ISIL, Ansar al Sharia and other groups associated with Al-Qaida operating in Libya;
“9. Urges the Government of National Accord to improve further the monitoring and control of arms or related materiel that are supplied, sold or transferred to Libya in accordance with paragraph 9 (c) of resolution 1970 (2011) or paragraph 8 of resolution 2174 (2014), including through the use of end user certificates issued by the Government of National Accord, requests the Panel of Experts established by paragraph 24 of resolution 1973 (2011) to consult with the Government of National Accord about the safeguards needed to safely procure and secure arms and related materiel, and urges Member States and regional organizations to provide assistance to the Government of National Accord upon its request to strengthen the infrastructure and mechanisms currently in place to do so;
“10. Calls upon the Government of National Accord to improve the implementation of the arms embargo, including at all entry points, as soon as it exercises oversight, and calls upon all Member States to cooperate in such efforts; Asset Freeze
“11. Reaffirms its intention to ensure that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall at a later stage be made available to and for the benefit of the Libyan people and taking note of the letter circulated as document S/2016/275, affirms the Security Council’s readiness to consider changes, when appropriate, to the asset freeze at the request of the Government of National Accord;
Panel of Experts
“12. Decides to extend until 31 July 2017 the mandate of the Panel of Experts (‘the Panel’), established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014) and 2174 (2014), and decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015);
“13. Decides that the Panel shall provide to the Council an interim report on its work no later than 180 days after the Panel’s appointment, and a final report to the Council, after discussion with the Committee, no later than 15 June 2017 with its findings and recommendations;
“14. 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) 1973 (2011), 2146 (2014) and 2174 (2014), and modified in resolutions 2009 (2011) and 2040 (2012), 2095 (2013), 2144 (2014) and 2213 (2015) and in this resolution, in particular incidents of non-compliance, and calls on UNSMIL and the Government of National Accord to support Panel investigatory work inside Libya, including by sharing information, facilitating transit and granting access to weapons storage facilities, as appropriate;
“15. Calls upon all parties and all States to ensure the safety of the Panel’s members, and further calls upon all parties and all States, including Libya and countries of the region, to provide unhindered and immediate access, in particular to persons, documents and sites the Panel deems relevant to the execution of its mandate;
“16. Affirms its readiness to review the appropriateness of the Measures contained in this resolution, including the strengthening, modification, suspension or lifting of the Measures, and its readiness to review the mandate of UNSMIL and the Panel, as may be needed at any time in light of developments in Libya;
“17. Decides to remain actively seized of the matter.”