Libya

New Development

On March 14, 2013, the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations, adopted Resolution 2095 (2013), which decided that the prior approval or notification of the Committee would no longer be required for supplies of non-lethal military equipment intended solely for humanitarian or protective use and related technical assistance or training. The UNSC also decided that the prior approval or notification of the Committee would no longer be required for the provision of technical assistance, training or financial assistance intended solely for security or disarmament assistance to the Libyan government.

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.

Since Resolution 1970 did not impose measures against the Libyan Government itself or its institutions and agencies, the Regulations - previously the Regulations Implementing the United Nations Resolutions on Libya and Taking Specal Economic Measures - 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 fell, and Canada began interacting with the National Transitional Council (NTC) as Libya’s government until the Libyan people selected elected representatives for themselves. 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 was also repealed.

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

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 exemptions to the prohibitions for the following:

  • supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training;
  • supplies of protective clothing and equipment, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, for their personal use only;
  • supplies of non-lethal military equipment intended solely for security or disarmament assistance to the Government of Libya, and related technical assistance, training and financial assistance; or
  • other sales or supplies of arms and related material, or provision of assistance or personnel, as approved in advance by the Committee of the Security Council.

Affected persons can also apply for a certificate to conduct prohibited activities, although these require notification to and/or a decision from the United Nations Security Council or its Committee.

Selected Documents

Regulations and Orders made under the Special Economic Measures Act:

Announcements related to the Regulations made under the Special Economic Measures Act:

Links

If you have any comments, questions or suggestions relating to this page, please email sanctions@international.gc.ca.