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Libya

New Development

On September 16, 2011, the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 2009 (2011), which amended the sanctions in place against Libya. These changes have been implemented in Canada in the form of amendments to the existing Regulations.

Overview

On 26 February 2011, acting under Chapter VII of the Charter of the United Nations, the United Nations Security Council adopted Resolution 1970 (2011) imposing sanctions against Libya in response to the situation in the Libyan Arab Jamahiriya involving violence and the use of force against civilians.

The Regulations Implementing the United Nations Resolutions on Libya implement the decisions of the Security Council in Canadian domestic law. Implementation of the travel ban imposed by Resolution 1970 (2011) is ensured in Canada under existing provisions of the Immigration and Refugee Protection Act.

In addition, since Resolution 1970 did not impose measures against the Libyan Government itself or its institutions and agencies, the Regulations went beyond the sanctions imposed by the United Nations Security Council by adding "Libya" as a designated entity. In order to do this, the Regulations were enacted under two separate pieces of enabling legislation: the United Nations Act (the "UN Act") and the Special Economic Measures Act (the "SEMA").

Under the UN Act, the government may implement whatever measures are necessary to implement decisions of the United Nations Security Council; under the SEMA, the government may take certain actions in order to address situations where there has been a call for economic sanctions by an international organization of states, or where there has been a grave breach of international peace and security that has resulted or is likely to result in an international crisis. With the situation in Libya, the Government of Canada wanted to act to implement both the measures decided upon by the United Nations Security Council, as well as to ban transactions with the Libyan government and its institutions and agencies. Regulations were thus created under the authority of both the UN Act and the SEMA.

After six months of uprising, the Qadhafi regime has fallen. Canada now interacts with the National Transitional Council (NTC) as Libya’s government until the Libyan people select for themselves elected representatives. Canada and the international community have supported the legitimate aspirations of the Libyan people. In light of the urgent need to ensure stabilization, the NTC has begun the essential tasks of establishing security throughout the country, delivering food, medical services, and emergency assistance to people in need. Libyan people can now work together to establish a genuinely inclusive and representative government in Libya, committed to respecting the human rights of all Libyan.

Canada therefore announced on September 1, 2011, that it was lifting its unilateral sanctions in order to support the Libyan people and the new governing authorities. All the measures imposed under the authority of the SEMA found in section 8 and 9(b) were repealed on August 31, 2011. In addition, the Special Economic Measures (Libya) Permit Authorization Order has also been repealed.

Sanctions

The measures imposed against Libya under the authority of the United Nations Act include:

Prohibitions on the export, sale, and other provision of arms and related materials to Libya;
Prohibitions on the shipment to and from Libya of arms and related material by owners or operators of Canadian vessels or aircraft;
Prohibitions on the provision of technical, financial, and other assistance related to military activities or the use of arms and related material;
Prohibitions on the import of arms and related material from Libya; and
Prohibitions on dealings with designated persons.

There are exceptions that apply under certain circumstance. Exceptions to sanctions imposed under the UN Act require a decision from the United Nations Security Council or its Committee.