Security Council Grants Mandate Extension to Panel of Experts on Libya Sanctions, Adopting Resolution 2441 (2018) by 13 Votes, with 2 Abstentions

Voting to extend, until 15 February 2020, the mandate of the Panel of Experts who oversee the sanctions targeting the illicit export of oil from Libya, the Security Council decided that perpetrators of gender-based violence may also be subject to the measures.

Adopting resolution 2441 (2018) by a vote of 13 in favour to none against, with 2 abstentions (China, Russian Federation), the Council condemned attempts to export petroleum by entities outside the aegis of Libya’s Government of National Accord. It also reaffirmed the travel ban and assets freeze first laid out in resolution 1970 (2011) (see Press Release SC/101/87/Rev.1 of 26 February 2011), which applies to those engaging in activities that threaten the peace or undermine Libya’s political transition.

In renewing the Panel’s mandate, the Council decided that such activities may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence, and requested that its members include expertise on such violence in accordance with operative paragraph 6 of resolution 2242 (2015).

Following the action, Karen Pierce (United Kingdom), Carl Orrenius Skau (Sweden) and Karel Jan Gustaaf van Oosterom (Netherlands) welcomed the resolution as part of the Council’s continued support for the Government of National Accord. They also welcomed the expansion of listing criteria to include perpetrators of gender-based violence, emphasizing that it is of particular concern. Sweden’s representative expressed willingness to expand the resolution’s scope further as necessary to support Libya’s efforts to consolidate peace and security.

Jonathan R. Cohen (United States) expressed regret that the text’s adoption was not unanimous in order to send the strongest possible message to spoilers in Libya, noting that the resolution designates those trafficking migrants as well as those pirating oil as targets of the sanctions.

Francois Delattre (France) said the text, as adopted, provides important support to the Government of National Accord.

Anatolio Ndong Mba (Equatorial Guinea) said the atrocious effects of crime in Libya warrant the imposition of sanctions to sexual violence, among others, expressing hope that the measures will help to pacify the country.

Vassily A. Nebenzia (Russian Federation), however, said he cannot support the text because his comments were not taken into account. Noting that its criteria on sexual violence align with existing criteria, he argued that the new, separated category will distract the experts from their direct obligations. The most effective way to suppress all crime in Libya is to target criminal networks under existing categories, he said, emphasizing that the Council’s focus must remain on peace and security rather than interfering with the responsibility of such bodies as the Human Rights Council. Pointing out that sexual violence is defined as a general crime under national laws in any country, he urged re-consideration of the penholder system in the Security Council, stressing that penholders are increasingly ignoring consultations, thereby ruining the possibility of consensus.

The meeting began at 10:03 a.m. and ended at 10:25 a.m.

Resolution

The full text of resolution 2441 (2018) 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), 2213 (2015), 2278 (2016), 2292 (2016), 2357 (2017), 2362 (2018), 2420 (2018) (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), 2174 (2014), 2213 (2015) and 2278 (2016) was extended until 15 November 2018 by resolution 2362 (2017),

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 Communique of 13 December 2015 to support the Government of National Accord (GNA) 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 endorsement in principle of the Libyan Political Agreement (LPA) by the House of Representatives on 25 January 2016 and the subsequent meetings of the Libyan Political dialogue which reaffirmed its commitment to uphold the LPA, and reaffirming that the LPA remains the only viable framework to end the Libyan political crisis, and its implementation remains key to holding elections and finalising the political transition,

Underlining the primary responsibility of the GNA in taking appropriate action to prevent the illicit export of petroleum, including crude oil and refined petroleum products, 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 petroleum, including crude oil and refined petroleum products, from Libya undermines the Government of National Accord and poses a threat to the peace, security and stability of Libya,

Expressing support for 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 (NOC), recalling events in the Oil Crescent and the Security Council’s Press Statement of 19 July 2018 welcoming the announcement that Libya’s NOC had resumed its work on behalf, and 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 oceans and seas,

Further recalling resolutions 2292 (2016), 2357 (2017) and 2420 (2018) which in relation to the implementation of the arms embargo authorise, for the period of time specified by those resolutions, the inspection on the high seas off the coast of Libya of vessels bound to or from Libya believed to be carrying arms or related materiel in violation of relevant Security Council resolutions, and the seizure and disposal of such items provided that Member States make good faith efforts to first obtain the consent of the vessel’s flag State prior to any inspections while acting in accordance with those resolutions,

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 Exports of Petroleum, including Crude Oil and Refined Petroleum Products

1. Condemns attempts to illicitly export petroleum, including crude oil and refined petroleum products, from Libya, including by parallel institutions which are not acting under the authority of the Government of National Accord;

2. Decides to extend until 15 February 2020 the authorizations provided by and the measures imposed by resolution 2146 (2014), and decides further that the authorisations provided by and the measures imposed by that resolution shall apply with respect to vessels loading, transporting, or discharging petroleum, including crude oil and refined petroleum products, illicitly exported or attempted to be exported from Libya;

3. Welcomes the appointment by the Government of National Accord and notification to the Committee established pursuant to paragraph 24 of resolution 1970 (2011) (the Committee) of a focal point responsible for communication with the Committee with respect to the measures in resolution 2146 (2014), requests the focal point to continue to inform the Committee of any vessels transporting petroleum, including crude oil and refined petroleum products, illicitly exported from Libya, and urges the Government of National Accord to work closely with the National Oil Company in that regard, and 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 petroleum, including crude oil and refined petroleum products;

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 petroleum, including crude oil and refined petroleum products, 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. Welcomes the appointment by the Government of National Accord of a focal point pursuant to paragraph 6 of resolution 2278, takes note of the briefing provided by the focal point to the Committee 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, continues to emphasise the importance of the Government of National Accord exercising control over and safely storing arms, with the support of the international community, and stresses that ensuring security and defending Libya from terrorism must be the task of unified and strengthened national security forces under the sole authority of the Government of National Accord within the framework of the Libyan Political Agreement;

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 the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), groups that have pledged allegiance to ISIL, Al-Qaida, Ansar Al Sharia, and other associated groups operating in Libya, calls upon the Committee 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, Al-Qaida, Ansar Al Sharia, and other associated groups 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;

Travel Ban and Asset Freeze

11. Reaffirms that the travel ban and asset freeze measures specified in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011), as modified by paragraphs 14, 15 and 16 of resolution 2009 (2011) paragraph 11 of resolution 2213 (2015) and paragraph 11 of resolution 2362 (2017), apply to individuals and entities designated under that resolution and under resolution 1973 (2011) and by the Committee established pursuant to paragraph 24 of resolution 1970 (2011), and reaffirms that these measures also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and reaffirms that, in addition to the acts listed in paragraph 11 (a)-(f) of resolution 2213 (2015), such acts may also include but are not limited to planning, directing, sponsoring, or participating in attacks against United Nations personnel, including members of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014), 2174 (2014), 2213 (2015) and this resolution (the Panel) and decides that such acts may also include but are not limited to planning, directing or committing acts involving sexual and gender-based violence;

12. Calls on Member States, particularly those in which designated individuals and entities are based as well as those in which their assets frozen under the measures are suspected to be present, to report to the Committee on the actions they have taken to implement effectively the travel ban and asset freeze measures in relation to all individuals on the sanctions list, including those designated by the Committee on 7 June 2018 and 11 September 2018;

13. 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

14. Decides to extend until 15 February 2020 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), 2174 (2014), and 2213 (2015), decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015) and shall also apply with respect to the Measures updated in this resolution and requests the Panel of experts to include the necessary sexual and gender-based violence expertise, in line with paragraph 6 of resolution 2242 (2015);

15. Decides that the Panel shall provide to the Council an interim report on its work no later than 15 June 2019, and a final report to the Council, after discussion with the Committee, no later than 15 December 2019 with its findings and recommendations;

16. 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), 2040 (2012), 2095 (2013), 2144 (2014), 2213 (2015), 2278 (2016), 2292 (2016), 2357 (2017), 2362 (2017), 2420 (2018) 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;

17. 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;

18. 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;

19. Decides to remain actively seized of the matter.

Source: United Nations

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