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Council Regulation (EU) 2016/44Show full title
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011
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Article 3
1.It shall be prohibited:
(a)to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union(1) (Common Military List) or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in Libya or for use in Libya;
(b)to provide, directly or indirectly, technical assistance related to equipment which might be used for internal repression as listed in Annex I, to any person, entity or body in Libya or for use in Libya;
(c)to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List or in Annex I, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any person, entity or body in Libya or for use in Libya;
(d)to provide, directly or indirectly, technical assistance, financing or financial assistance related to the provision of armed mercenary personnel in Libya or for use in Libya;
(e)to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (d).
2.By way of derogation from paragraph 1, the prohibitions laid down therein shall not apply to:
(a)the provision of technical assistance, financing or financial assistance related to non-lethal military equipment intended solely for humanitarian purposes or protective use;
(b)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;
(c)the provision of technical assistance, financing or financial assistance related to non-lethal military equipment intended solely for security or disarmament assistance to the Libyan government.
3.By way of derogation from paragraph 1, and as approved in advance by the Sanctions Committee, the prohibitions laid down therein shall not apply to:
(a)the provision of technical assistance, financing or financial assistance related to other sales and supply of arms and related material;
(b)the provision of technical assistance, financing or financial assistance related to military equipment, including arms and related materiel not falling within the scope of paragraph (a) and intended solely for security or disarmament assistance to the Libyan government.
4.By way of derogation from paragraph 1, the competent authorities in the Member States, as listed in Annex IV, may authorise the provision of technical assistance, financing and financial assistance related to equipment which might be used for internal repression, under such conditions as they deem appropriate, if they determine that such equipment is intended solely for humanitarian or protective use.
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