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Chair’s thirty-fifth report pursuant to paragraph 24 (e) of Security Council resolution 1970 (2011)

29.07.2019 - Speech
  1. In accordance with paragraph 24 (e) of Security Council resolution 1970 (2011) of 26 February 2011, I have the honour to report to the Security Council on the work of the Committee established by the same resolution. The report covers the period from 22 May to 29 July 2019, during which time the Committee held two informal consultations.
  2. Mr. President, in informal consultations on 31 May 2019, the Committee received a briefing from the Deputy Special Representative of the Secretary-General for Political Affairs in Libya, UNSMIL, on issues relevant to the work of the Committee, particularly relating to the arms embargo. This was followed by an exchange of views. Thereafter, the Committee heard a presentation by the Coordinator of the Panel of Experts on the Panel’s interim report, as well as information gathered by the Panel since the submission of that report to the Committee on 2 May 2019. Committee members also discussed the recommendations contained in the interim report. Of the six recommendations addressed to the Committee, they subsequently agreed to take action on four. Three of the four agreed follow-up actions aim at more effective sanctions implementation, whereas one focuses specifically on more effective implementation of the measures aimed at preventing illicit exports of petroleum, including crude oil and refined petroleum products, from Libya. I will not summarize the findings or the recommendations of the Panel, as the interim report was submitted to the Security Council on 12 June 2019. As an agreed follow-up action, on 17 July the Committee dispatched a note verbale to all Member States, reminding them of their obligation to implement all sanctions measures of the sanctions regime established by the Security Council in relation to Libya.
  3. Since the submission of its interim report, the Panel of Experts has also submitted updates to the Committee on its investigations concerning reported violations of the arms embargo, the most recent of which contained a preliminary case study on the air strike in Tajoura on 2 July 2019. One communication from the Panel drew the Committee’s attention to the future possibility of non-compliance with the measures aimed at preventing illicit exports of petroleum.
  4. Mr. President, on 21 June 2019, the Committee held joint informal consultations with the 1591 Sudan Committee and the 2206 South Sudan Committee to discuss the presence of Darfuri armed groups in Libya and South Sudan, as well as a common approach to address the issue. This was a second such meeting, the first having been held in November 2017. The three relevant panels of experts also participated in the discussion.
  5. The Committee has been dealing with guidance requests from Member States, one on the scope of the arms embargo, which is still under consideration, and another on the applicability of the assets freeze measure in relation to a particular entity.
  6. With respect to the travel ban, the Committee is considering an exemption request pursuant to paragraph 16(a) of resolution 1970 (2011) for Ms. Aisha Qadhafi. Furthermore, the Committee determined that the continued presence, beyond 23 May 2019, of Mr. Qadhaf Al-Dam in Egypt, in the absence of an approved extension of the exemption by the Committee, was in non-compliance with the travel ban measure. Previously, Libya, as the country of nationality had sought such extensions from the Committee. The Committee would like to highlight that, for individuals also subject to an asset freeze that seek to travel, the Council has provided for exemptions in paragraph 19 of resolution 1970 (2011), and that the Committee has elaborated corresponding exemption procedures in its Guidelines.
  7. In connection with the sanctions list, I would like to note that, as of 3 July, the Committee is considering proposals, submitted by a Member State, for the designation of three individuals involved in a criminal network that illicitly exploits crude oil and other natural resources in Libya.
  8. Finally, Mr. President, in my previous report to the Security Council, I had referred to the arrest and detention in Tunisia of a member of the Panel of Experts, Mr. Moncef Kartas, on 26 March 2019. I am pleased to note that, via update of 22 May 2019, the Secretariat informed the Committee that a Tunisian appeals court had decided to release Mr. Kartas from detention. The Committee continues to follow the case which has legally not yet been concluded and looks forward to a further update from the Secretariat, in due course, on the status of the legal proceedings in Tunisia against Mr. Kartas, while recalling Resolution 2441 (2018), paragraph 16 which “urges all States […] to cooperate fully with the Committee and the Panel” as well as the 1946 Convention on the Privileges and Immunities of the United Nations. 
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