On 3 March 2011, Regulation 204/2011 (the 'Regulation') concerning restrictive measures in view of the situation in Libya entered into force in the EU on its publication in the Official Journal.
As with the EU sanctions against Iran and the Ivory Coast, Article 19 provides that the Regulation applies within the EU, to all EU nationals (wherever located) and to any business done in whole or in part within the EU.
The Regulation prohibits the sale, supply or transfer to any person, entity or body in Libya or for use in Libya of equipment which might be used for internal repression. The list of these items is set out at Annex 1 to the Regulation and includes items ranging from firearms, specialised vehicles, explosive substances and also the production equipment specially designed for items on the restricted list. These restrictions are extended to technical assistance, brokering services and financial assistance related to the provision of goods on the Common Military List to persons, entities or bodies in Libya or for use in Libya.
The Regulation freezes the funds and economic resources belonging to those bodies listed in Annexes II and III. Annex II contains those persons designated by the UN Security Council or Sanctions Committee and Annex III contains persons identified by the EU Council as being involved in the commission of serious human rights abuses. Designated persons include members of the Qadhafi family and prominent members of his regime. No funds or economic resources should be made available directly or indirectly to these persons. Any attempt to circumvent these restrictions is prohibited.
In certain cases authorisations and licences can be sought from the relevant Member State authority to carry out something which would otherwise be prohibited.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
