Regulatory Alerts2019-06-26
International Obligations (Economic and Ancillary Measures) (Libya) Order, 2014
The Governor-General of The Bahamas issued this Order to implement United Nations Security Council resolutions by imposing economic and ancillary measures on Libya. The legislation prohibits the direct or indirect supply, sale, and transfer of arms, related materiel, and technical assistance to Libya via Bahamian vessels or aircraft, while simultaneously freezing the funds and economic resources of designated Libyan individuals and state-owned entities. It establishes targeted exemptions for non-lethal military equipment, humanitarian and media personnel, and Committee-approved transfers, and formally revokes the preceding 2011 Libya Order.
EXTRAORDINARY
OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY
NASSAU 29th December, 2014
INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) (LIBYA) ORDER, 2014
Arrangement of Paragraphs
Paragraph
- Citation..................................................................................................................2
- Interpretation..........................................................................................................2
- Prohibition on supply, sale or transfer of equipment, goods and technology, etc. 3
- Freezing of funds, etc. of designated persons and entities....................................3
- Exemption..............................................................................................................3
- Revocation of S.I. No. 41 of 2011.......................................................................4
SCHEDULE 5
OFFICE OF THE GOVERNOR-GENERAL
S. I. No. 97 of 2014
INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) ACT (CHAPTER 16)
INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) (LIBYA) ORDER, 2014
The Governor-General, in exercise of the powers conferred by section 3 of the International Obligations (Economic and Ancillary Measures) Act, makes the following Order —
1. Citation. This Order may be cited as the International Obligations (Economic and Ancillary Measures) (Libya) Order, 2014.
2. Interpretation. In this Order — "armed mercenary personnel" means any person who — (a) is specially recruited locally or abroad to use arms and related materiel in Libya; (b) uses arms and related materiel in Libya and is motivated essentially by the desire for private gain; (c) is not a member of the Libyan armed forces; and (d) has not been sent to Libya by a state on official duty as a member of that state's armed forces; "arms and related materiel" means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and the spare parts for those weapons and equipment; "Committee" means the Committee established under paragraph 24 of Security Council Resolution 1970 (2011); "Libya" means the Libyan Arab Jamahiriya; "technical assistance" means any form of assistance, such as providing instruction, training, consulting services or technical advice or transferring know-how or technical data.
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3. Prohibition on supply, sale or transfer of equipment, goods and technology, etc. Subject to paragraph 5, no person in The Bahamas and no Bahamian outside The Bahamas shall directly or indirectly — (a) supply, sell or transfer to Libya by way of a Bahamian registered vessel or aircraft — (i) arms and related materiel, in particular man-portable surface-to-air missiles, (ii) technical assistance, financial assistance or other assistance related to military activities, including the provision of armed mercenary personnel, or the provision, manufacture, maintenance or use of arms and related materiel; and (b) import or procure from any person in Libya or any national of Libya, by way of a Bahamian registered vessel or aircraft, arms and related materiel.
4. Freezing of funds, etc. of designated persons and entities. (1) Subject to paragraph 5, no funds, other financial assets and economic resources held in banks or financial institutions licensed in The Bahamas that are owned or controlled, directly or indirectly, by — (a) persons or entities listed in the Schedule; or (b) any additional person or entity designated by the Committee, shall be made available to a person or entity mentioned in subparagraphs (a) and (b), or to a person or entity acting on behalf of, or at the direction of, a person or entity mentioned in subparagraphs (a) and (b). (2) Notwithstanding paragraph (1), funds, other financial assets and economic resources held in banks or financial institutions licensed in The Bahamas that are owned or controlled, directly or indirectly, by the Central Bank of Libya, the Libyan Arab Foreign Bank (LAFB), the Libyan Investment Authority (LIA), and the Libyan Africa Investment Portfolio (LAIP) frozen on the 16th day of September, 2011 pursuant to measures imposed in paragraph 17 of Security Council Resolution 1970 (2011) or paragraph 19 of Security Council Resolution 1973 (2011) shall remain frozen unless subject to an exemption as set out in paragraphs 19, 20 or 21 of Security Council Resolution 1970 (2011) or paragraph (5).
5. Exemption. This Order does not prohibit —
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(a) the supply of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training; (b) protective clothing, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only; (c) the supply, sale or transfer to Libya of — (i) arms and related materiel of all types, including technical assistance, training, financial and other assistance, intended solely for security or disarmament assistance to the Libyan authorities, (ii) small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, notified to the Committee in advance and in the absence of a negative decision by the Committee within five working days of such a notification; (d) other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee; or (e) persons or entities listed in the Schedule from accessing funds, other financial assets and economic resources as may be determined by the Minister, based on the conditions specified — (i) in paragraph 19 of Security Council Resolution 1970 (2011), to be — (aa) necessary for basic and extraordinary expenses and activities, (bb) the subject of judicial, administrative, or arbitral lien or judgment; (ii) in paragraph 16 of Security Council Resolution 2009 (2011).
6. Revocation of S.I. No. 41 of 2011. The International Obligations (Economic and Ancillary Measures) (Libya) Order, 2011 is hereby revoked.
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SCHEDULE (paragraphs 4 and 5)
List of Persons and Entities Subject to the Measures Imposed by Paragraph 17 of Resolution 1970 (2011) or Paragraph 19 of Resolution 1973 (2011) as Modified by Paragraph 15 of Resolution 2009 (2011)
A. Persons
| Number | Name | Designation | Identifiers |
|---|---|---|---|
| 1 | Amid Husain Al Kuni | Governor of Ghat (South Libya) | Title: Colonel Address: Libya (Believed status/location: South Libya) |
| 2 | Abdelhafiz Zlitni | Minister for Planning and Finance in Colonel Qadhafi's Government Secretary of the General People's Committee for Finance and Planning Temporary head of the Central Bank of Libya | DOB: 1935 |
| 3 | Abdullah Al Senussi | Director Military Intelligence | Title: Colonel DOB: 1949 POB: Sudan a.k.a: a) Abdoullah Ould Ahmed (Passport number: B0515260; DOB: 1948; POB: Anefif (Kidal), Mali; Date of issue: 10 Jan 2012; Place of issue: Bamako, Mali; Date of expiration: 10 Jan 2017.) b) Abdoullah Ould Ahmed (Mali ID Number 073/SPICRE; POB: Anefif, Mali; Date of issue: 6 Dec 2011; Place of issue: Essouck, Mali) Address: Libya (Believed status/location: in custody in Libya) |
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| 4 | Abdulqader Mohammed Al-Baghdadi | Head of the Liaison Office of the Revolutionary Committees | Title: Dr DOB: 1 Jul. 1950 Passport no.: B010574 Address: Tunisia (Believed status/location: jail in Tunisia) |
|---|---|---|---|
| 5 | Abdulqader Yusef Dibri | Head of Muammar Qadhafi's personal security | DOB: 1946 POB: Houn, Libya |
| 6 | Abu Bakr Yunis Jabir | Position: Defence Minister | Title: Major General DOB: 1952 POB: Jalo, Libya (Believed status/location: deceased) |
| 7 | Abu Zayd Umar Dorda | Position: Director, External Security Organisation Head of External Intelligence Agency | Address: Libya (Believed status/location: in custody in Libya) |
| 8 | Aisha Muammar Muhammed Abu Minyar Qadhafi | DOB: 1978 POB: Tripoli, Libya a.k.a.: Aisha Muhammed Abdul Salam (Passport number: 215215) Passport no.: 428720 Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) | |
| 9 | Hannibal Muammar Qadhafi | DOB: 20 Sep. 1975 POB: Tripoli, Libya Passport no.: B/002210 Address: Algeria (Believed status/location: Algeria) | |
| 10 | Khamis Muammar Qadhafi | DOB: 1978 POB: Tripoli, Libya (Believed status/location: deceased) | |
| 11 | Matuq Mohammed Matuq | Position: Secretary for Utilities | DOB: 1956 POB: Khoms, Libya (Believed status/location: unknown, believed captured) |
| 12 | Mohammed Muammar Qadhafi | DOB: 1970 POB: Tripoli, Libya Address: Sultanate of Oman |
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| (Believed status/location: Sultanate of Oman) | |||
|---|---|---|---|
| 13 | Muammar Mohammed Abu Minyar Qadhafi | Leader of the Revolution, Supreme Commander of Armed Forces | DOB: 1942 POB: Sirte, Libya (Believed status/location: deceased) |
| 14 | Mutassim Qadhafi | National Security Adviser | DOB: 1976 POB: Tripoli, Libya (Believed status/location: deceased) |
| 15 | Quren Salih Quren Al Qadhafi | Libyan Ambassador to Chad | |
| 16 | Saadi Qadhafi | Commander Special Forces | DOB: a) 27 May 1973 b) 1 Jan. 1975 POB: Tripoli, Libya Passport number: a) 014797 b) 524521 Address: Niger (Believed status/location: Niger) |
| 17 | Safia Farkash Al-Barassi | POB: Al Bayda, Libya Address: Sultanate of Oman (Believed status/location: Sultanate of Oman) | |
| 18 | Saif al-Arab Qadhafi | DOB: 1982 POB: Tripoli, Libya (Believed status/location: deceased) | |
| 19 | Saif al-Islam Qadhafi | Director, Qadhafi Foundation | DOB: 25 June 1972 POB: Tripoli, Libya Passport number: B014995 Address: Libya (Believed status/location: in custody in Libya) |
| 20 | Sayyid Mohammed Qadhaf Al-dam | DOB: 1948 POB: Sirte, Libya |
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B. Entities
| Number | Name | Designation | Identifiers |
|---|---|---|---|
| 1 | Libyan Africa Investment Portfolio | Address: Jamahiriya Street, LAP Building, P. O. Box 91330, Tripoli, Libya | |
| 2 | Libyan Investment Authority | a.k.a.: Libyan Foreign Investment Company (LFIC) Address: 1 Fateh Tower Office, No 99 22nd Floor, Borgaida Street, Tripoli, 1103, Libya |
Made this 17th day of December, 2014.
Signed MARGUERITE PINDLING Governor-General
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