The Libya (Sanctions) (EU Exit) Regulations 2020

Purposes

4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a) compliance with the relevant UN obligations, and

(b) the additional purposes mentioned in paragraph (2).

(2) Those additional purposes are—

(a) promoting respect for human rights in Libya,

(b) promoting the peace, stability and security of Libya,

(c) promoting the successful completion of Libya’s transition to a democratic, independent and united country, and

(d) preventing migrant smuggling and human trafficking taking place from Libya,

otherwise than by compliance with the relevant UN obligations.

(3) In this regulation, “the relevant UN obligations” means—

(a) the obligation that the United Kingdom has by virtue of paragraph 17 of resolution 1970 (asset-freeze etc.) to take the measures required by that provision in respect of persons(1) for the time being named for the purposes of that provision by the Security Council or the Committee;

(b) the obligations that the United Kingdom has by virtue of paragraph 17 of resolution 1970 in respect of persons—

(i) acting on behalf of or at the direction of, or

(ii) owned or controlled by,

the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 17 of resolution 1970;

(c) the obligations that the United Kingdom has by virtue of paragraphs 9, 10 and 12 of resolution 1970 (arms embargo etc.) as read with paragraph 13 of resolution 2009, paragraphs 9 and 10 of resolution 2095 and paragraph 8 of resolution 2174;

(d) the obligation that the United Kingdom has by virtue of paragraph 18 of resolution 1973 (in relation to the landing, taking off and overflying of certain aircraft);

(e) the obligations that the United Kingdom has by virtue of paragraph 10 of resolution 2146 (in relation to ships for the time being designated by the Committee for the purposes of that paragraph)(2).

(4) In paragraph (3)(a) and (b)—

(a) a reference to persons named by the Security Council or the Committee for the purposes of paragraph 17 of resolution 1970 includes persons named by virtue of paragraph 19 of resolution 1973;

(b) a reference to the obligations the United Kingdom has by virtue of paragraph 17 of resolution 1970 is to that provision as read with—

(i) paragraph 23 of resolution 1973,

(ii) paragraph 15 of resolution 2009,

(iii) paragraph 4 of resolution 2174,

(iv) paragraph 11 of resolution 2213,

(v) paragraph 11 of resolution 2362, and

(vi) paragraph 11 of resolution 2441.

(1)

“Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.

(2)

The measures in relation to designated ships provided for in paragraph 10 of resolution 2146 have been renewed by paragraph 14 of resolution 2213 (2015) adopted by the Security Council on 27 March 2015, paragraph 1 of resolution 2278 (2016) adopted by the Security Council on 31 March 2016, paragraph 2 of resolution 2362 (2017) adopted by the Security Council on 29 June 2017, paragraph 2 of resolution 2441 (2018) adopted by the Security Council on 5 November 2018 and paragraph 2 of resolution 2509 (2020) adopted by the Security Council on 11 February 2020.