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

30.01.2020 - 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 5 September 2019 to 29 January 2020, during which time the Committee held three informal consultations and conducted additional work by silence procedure.
  2. Mr. President, allow me to begin by noting that at its most recent informal consultations, held on 25 November, the Committee heard a presentation by the Panel of Experts on its final report submitted in accordance with resolution 2441 (2018). Since the report is publicly available (S/2019/914), I will not summarize its findings. Committee members expressed their concern about the lack of implementation of the arms embargo in particular, and reported violations thereof, as well as attacks against civilians and civilian objects that constitute a breach of international humanitarian law. Committee members reiterated their support to the work of the Panel and encouraged the Panel to regularly report on cases of non-compliance with the relevant resolutions. Committee members also underlined the importance of the privileges and immunities enjoyed by experts on mission under the 1946 Convention on the Privileges and Immunities of the United Nations. The Committee continues to follow the case of Mr. Moncef Kartas, a member of the Panel of Experts, in this regard. The Chair recalled his intention to work towards organizing a visit of the Committee to all agreed areas of Libya as mentioned in the Committee's 2018 Annual Report as soon as possible subject to logistical and security arrangements.
  3. Of the four recommendations addressed to it by the Panel of Experts, the Committee agreed to take action on two – one pertaining to the assets freeze and the other relating to updates of the sanctions list. A third recommendation regarding the listing of individuals only required for the Committee to take note at this stage. The remaining nine recommendations are addressed to the Security Council. Since the submission of the final report, the Committee has also received a written update from the Panel of Experts on the topic of the security agreement signed between Libya and Turkey, in the context of the Panel’s role in monitoring the implementation of the arms embargo.
  4. Mr. President, going back to the work of the Committee in the preceding months, on 12 September 2019, upon the request of Libya, the Committee received a briefing from the Chairman of the Board of Directors and CEO of the Libyan Investment Authority (LIA), a listed entity. In the interactive discussion that followed, Committee members emphasized the need to preserve the integrity and value of the Libyan frozen assets, for the benefit of the Libyan people. They further stressed the importance of cooperation between the LIA and the Panel of Experts. Since that time, through Libya, the Committee has also received two letters from the LIA, on issues relating to the scope and implementation of the assets freeze. The Committee has sent a preliminary response and will be considering a more comprehensive reply.
  5. On 22 October 2019, the Committee received a briefing from UNSMIL and an oral update from the Panel of Experts, both focusing on implementation of the arms embargo and reported violations thereof. Committee members denounced continued violations of the arms embargo and mounting civilian casualties, stressing that attacks against civilians and civilian objects constituted a breach of international humanitarian law.
  6. Turning to exemptions, requests for guidance and implementation reports. Concerning the travel ban, the Committee approved two exemption requests invoking paragraph 16 (a) of resolution 1970 (2011), submitted by Ms. Aisha Qadhafi and Ms. Safia Farkash Al-Barassi, respectively. Given two prior cases of non-compliance involving two other listed individuals, the Committee has tasked the Panel of Experts with updating its implementation assistance notice on the travel ban so as to be able to provide additional guidance to Member States on its implementation.
  7. Regarding the assets freeze, no negative decision was taken by the Committee in relation to a notification, submitted under paragraph 19(a) of resolution 1970 (2011), by the Kingdom of Bahrain in relation to basic expenses of the LIA. The Committee had previously provided guidance to the Kingdom of Bahrain on the correct exemption provision to apply. The Committee also approved an exemption request, submitted under paragraph 19(b) of resolution 1970 (2011), by Switzerland in relation to extraordinary expenses of the Libyan Africa Investment Portfolio (LAIP). The Committee further provided guidance to Malta on the scope of the assets freeze measure, and exchanged additional correspondence with the Kingdom of Saudi Arabia on a financial transaction involving the Libyan Foreign Investment Corporation, which is indicated as an “aka” for the LIA on the Committee’s list.
  8. Concerning the arms embargo, the Committee responded to a request for guidance on its scope from the World Health Organization (WHO) in Libya.
  9. During the reporting period, the Committee received an implementation report from Portugal.
  10. Lastly, Mr. President, on the measures aimed at preventing illicit exports of petroleum, including crude oil and refined petroleum products, the Committee received the name of the new focal point, appointed by the Libyan Government, pursuant to resolutions 2146 (2014), 2278 (2016) and 2362 (2017). In addition, the Committee is considering a draft implementation assistance notice on these measures, prepared by the Panel of Experts, in order to assist Member States with their proper implementation.
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