Council Decision (CFSP) 2015/1333Show full title

Article 8 U.K.

[F1 1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons designated and subjected to travel restrictions by the Security Council or by the Committee in accordance with paragraph 22 of UNSCR 1970 (2011), paragraph 23 of UNSCR 1973 (2011), paragraph 4 of UNSCR 2174 (2014), paragraph 11 of UNSCR 2213 (2015), paragraph 11 of UNSCR 2362 (2017) and paragraph 11 of UNSCR 2441 (2018), as listed in Annex I.]

2. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons:

(a) involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in Libya, including by being involved or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities, or persons acting for or on their behalf or at their direction;

(b) identified as having been involved in the repressive policies of the former regime of Muammar Qadhafi in Libya, or otherwise formerly associated with that regime, and who pose a continued risk to the peace, stability or security of Libya, or the successful completion of its political transition;

(c) engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstructing or undermining the successful completion of its political transition, including by:

(i)

planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya;

(ii)

attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, or against any foreign mission in Libya;

(iii)

providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya;

(iv)

threatening or coercing Libyan State financial institutions and the Libyan National Oil Company, or engaging in any action that may lead to or result in the misappropriation of Libyan State funds;

(v)

violating, or assisting in the evasion of, the provisions of the arms embargo in Libya established in UNSCR 1970 (2011) and Article 1 of this Decision;

(vi)

acting for or on behalf of or at the direction of listed persons or entities;

(d) that own or control Libyan State funds misappropriated during the former regime of Muammar Qadhafi in Libya which could be used to threaten the peace, stability or security of Libya, or to obstruct or undermine the successful completion of its political transition,

as listed in Annex II to this Decision.

3. Paragraphs 1 and 2 shall not oblige a Member State to refuse its own nationals entry into its territory.

4. Paragraph 1 shall not apply where the Committee determines that:

(a) travel is justified on the grounds of humanitarian need, including religious obligation; or

(b) an exemption would further the objectives of peace and national reconciliation in Libya and stability in the region.

5. Paragraph 1 shall not apply where:

(a) entry or transit is necessary for the fulfilment of a judicial process; or

(b) a Member State determines on a case-by-case basis that such entry or transit is required to advance peace and stability in Libya and the Member State subsequently notifies the Committee within 48 hours after making such a determination.

6. Paragraph 2 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) as a host country to an international intergovernmental organisation;

(b) as a host country to an international conference convened by, or under the auspices of, the UN;

(c) under a multilateral agreement conferring privileges and immunities; or

(d) under the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

7. Paragraph 6 shall be considered as applying also in cases where a Member State is host country to the Organization for Security and Co-operation in Europe (OSCE).

8. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 6 or 7.

9. Member States may grant exemptions from the measures imposed under paragraph 2 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship-in-office of the OSCE, where political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Libya.

10. A Member State wishing to grant exemptions referred to in paragraph 9 shall so notify the Council in writing. The exemption shall be deemed to be granted unless one or more Council members raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by qualified majority, may decide to grant the proposed exemption.

11. Where, pursuant to paragraphs 6, 7, and 9, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I or II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Textual Amendments

F1 Substituted by Council Decision (CFSP) 2018/2012 of 17 December 2018 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya.