Skip to content
Accueil » Libya

Libya

Status of the embargoOngoing
EntityState
Organisation(s) imposing embargo(es)UN & EU
Restriction(s)Conventional weapons
Internal repression
ExceptionsYes, no prior notification or approval
Yes, prior approval
Yes, prior notification

Libya is currently under UN and EU  arms embargoes.

UN

Libya has been under UN arms embargo since February 2011 (Resolution 1970 (2011)). Sanctions were initially eased before being strengthened recently.

The UN Security Council enforced a previous arms embargo against Libya between March 1992 and September 2003 (Resolution 748 (1992)).

  1. Conventional weapons

Prohibitions 

The current sanctions regime, as detailed in Resolution 1970 (2011), renewed and updated by Resolutions 2009 (2011), 2095 (2013), 2144 (2014), 2174 (2014) and 2214 (2015), provides that :

  • all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab Jamahiriya, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories (Resolution 1970 (2011), para.9). These measures, targeting the Libyan Arab Jamahiriya, were not repealed by subsequent Resolutions despite the fall of the Libyan regime in October 2011, so that they still apply by extension to the current government.

The sanctions regime also provides that all Member States shall prohibit the procurement of such items from the Libyan Arab Jamahiriya by their nationals, or using their flagged vessels or aircraft, and whether or not originating in the territory of the Libyan Arab Jamahiriya (Resolution 1970 (2011), para.10).

Exceptions 

However, the sanctions regime provides for several exceptions.

No prior approval or notification required:

  • Protective clothing, including flak jackets and military helmets, temporarily exported to Libya  by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only (Resolution 1970 (2011), para.9,b).
  • 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  (Resolution 2009 (2011), para.13 a updated by Resolution 2095 (2013), para.10).
  • Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training (Resolution 1970 (2011), para.9, a updated by Resolution 2095 (2013), para.9).

Requiring prior notification to the UN Sanctions Committee and an absence of negative decision from it :

  • The sale, supply or transfer of small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel (Resolution 2009 (2011), para.13, b).

Requiring prior approval from the UN Sanctions Committee:

  • the supply, sale or transfer of arms and related materiel of all types, including technical assistance, training, financial and other assistance, intended solely for security or disarmament assistance to the Libyan authorities (Resolution 2009 (2011), para.13, a updated by Resolution 2174 (2014), para.8), or to combat ISIL, groups that pledged allegiance to ISIL, Ansar Al Charia, and all other individuals, groups, undertakings and entities associated with Al-Qaida operating in Libya (Resolution 2214 (2015), para.7). Items supplied, sold or transferred in Libya according to this exception should not be resold to, transferred to, or made available for use by parties other than the designated end user indicated to the Committee (Resolution 2144 (2014), para. 8).
  • Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee (Resolution 1970, para. 9, c).

Others 

Member States, acting nationally or through regional organizations, are also called upon to inspect on the high seas all cargo to and from Libya, and, upon discovery of items prohibited by the regime of sanctions, to seize and dispose of such items, or, subject to approval by the Committee within 90 days after request, dispose (such as through storage or transfer to a State other than the originating or destination States for disposal) of such items, without prejudice to the right of the Member State, acting nationally or through regional organisations, to safely retain those items in a holding area prior to disposal (Resolution 2733 (2024), para.2). Furthermore, the Member State who seizes and disposes (through destruction or rendering inoperable) of such items shall notify the Committee of such disposal within 30 days providing details of all items disposed of and the precise manner in which they were disposed of (resolution 2292, para.5 modified by resolution 2733, para.3). The Committee shall be deemed to have refused the request in the absence of an approval within 90 days, subject to any extension to that period agreed by the Committee, and following any such lack of approval, the relevant State, acting nationally or through a regional organisations, may submit an updated request for approval to the Committee (resolution 2733, para.4).

The UN Security Council also urges Member States and regional organizations to provide assistance to the Libyan government to strengthen the infrastructure and mechanisms currently in place to further improve the monitoring of arms or related material (Resolution 2144 (2014), para. 9).

The UN arms embargo is indefinite.

Libya is also under EU arms embargo.

EU

Libya has been under EU arms embargo since February 2011 (Decision 2011/137/CFSP abrogated by Decision 2015/1333/CFSP and Regulation 204/2011 abrogated by Regulation 2016/44). These sanctions have been mirroring those of the UN and therefore eased since 2011. The EU arms embargo is however broader than that of the UN as it also covers equipment which might be used for internal repression.

  1. Conventional weapons

Prohibitions 

The current sanctions regime, as detailed in updated versions of Council Decision 2015/1333/CFSP and Regulation 2016/44, prohibits :

  • The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Libya (Decision 2015/1333/CFSP, art.1, para.1).
  • The provision of technical assistance training or other assistance, including the provision of armed mercenary personnel, as well as financial assistance or financing related to military activities and items aforementioned (Decision 2015/1333/CFSP, art.1, para.2, a and b, and Regulation 2016/44, art.3, para.1, a et c).

The regime also prohibits the procurement by nationals of Member States, either using their flag vessels or aircraft, of the items aforementioned (Decision 2015/1333/CFSP, art.3).

Exceptions 

 However, this sanctions regime includes several exceptions.

No prior approval or notification required:

  • the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, as well as the provision of related technical assistance or training (Decision 2015/1333/CFSP, art.2, para.1, a, and Regulation 2016/44, art.3, para.2, a).
  • the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Libya by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only. (Decision 2015/1333/CFSP, art.2, para.1, b, and Regulation 2016/44, art.3, para.2, b).
  • the supply, sale or transfer of non-lethal military equipment intended solely for security or disarmament assistance to the Libyan government, as well as the provision of related technical assistance, training or financial assistance (Decision 2015/1333/CFSP, art.2, para.1, c, and Regulation 2016/44, art.3, para.2, c).

Requiring prior approval from the UN Sanctions Committee :

  • the supply, sale or transfer of arms and related materiel, as well as the provision of related technical assistance, training or financial assistance, including the provision of personnel (Decision 2015/1333/CFSP, art.2, para.2, a, and Regulation 2016/44, art.3, para.3, a).
  • the supply, sale or transfer of arms and related materiel, intended solely for security or disarmament assistance to the Libyan government, as well as the provision of related technical assistance, training or financial assistance (Decision 2015/1333/CFSP, art.2, para.2, b, and Regulation 2016/44, art.3, para.3, b).

Requiring prior notification to the UN Sanctions Committee and an absence of negative decision from it :

  • the supply, sale or transfer of small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of UN personnel, representatives of the media and humanitarian and development workers and associated personnel (Decision 2015/1333/CFSP, art.2, para.3).

2. Equipment which might be used for internal repression

Prohibitions 

The current sanctions regime, as detailed in updated versions of Council Decision 2015/1333/CFSP and Regulation 2016/44, prohibits :

  • The direct or indirect supply, sale or transfer of equipment which might be used for internal repression, to Libya (Decision 2015/1333/CFSP, art.1, para.1 and Regulation 2016/44, art.2, para.1, a). These items are listed in Annex I of Regulation 2016/44.
  • The provision of technical assistance training or other assistance, including the provision of armed mercenary personnel, as well as financial assistance or financing related to military activities and items aforementioned (Decision 2015/1333/CFSP, art.1, para.2, a and b and Regulation 2016/44, art.3, para.1, b and c).

The regime also prohibits the procurement by nationals of Member States, either using their flag vessels or aircraft, of the items aforementioned (Decision 2015/1333/CFSP, art.3 and Regulation 2016/44, art.2, para.2).

Exceptions 

 However, the sanctions regime provides for several exceptions.

No prior approval or notification required:

  • the supply, sale or transfer of equipment which might be used for internal repression, intended solely for humanitarian or protective use, as well as the provision of related technical assistance, training or financial assistance (Decision 2015/1333/CFSP, art.2, para.4 and Regulation 2016/44, art.2, para.4).
  • the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Libya by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only. (Decision 2015/1333/CFSP, art.2, para.1, b, and Regulation 2016/44, art.3, para.2, b).

Others

Member States shall inspect in their territory, including their seaports and airports, vessels and aircraft bound to or from Libya, if they have information that provides reasonable grounds to believe that the cargo of such vessels and aircraft contains items prohibited by the sanctions regime. Member States shall, upon discovery, seize and destroy these items, when necessary (Decision 2015/1333/CFSP, art. 4, para.1).

EU exports to and EU imports from Libya are subject to the requirement of additional pre-arrival and pre-departure information to be shared with the customs. These details must include whether the goods are covered by the Common Military List on military equipment as well as details on the license granted when items export or import are subject to prior approval (Regulation 2016/44, art. 4, and Decision 2015/1333/CFSP, art. 4, para. 4).

The EU sanctions regime is indefinite but will be reviewed when appropriate to reflect relevant UN Security Council’s Resolutions.

Restrictions diagram :

Conventional weapons

Internal repression