Marine Security Advisory: 04/2015 - LIBYA

23 June 2015

Marine Security Advisory: 04/2015

(This Advisory supersedes Marine Security Advisory 01/2015)

Dear Shipowner/Operator/Master:

This Advisory is issued to heighten awareness onboard ships making calls into ports and or anchorages in the State of Libya. Coastal navigation should be avoided to the extent possible.

Trading to Libya should proceed with all due caution and ensure that any planned voyage does not take the vessel into any area, or engage in any activity that would expose her to the risk of being confronted with force, or being accused of breaking Libyan laws and regulations.

UN Security Council Resolution 2146 authorizes the UN Sanctions Committee to impose certain measures on vessels attempting to illicitly export crude oil from Libya. This resolution imposes several restrictions regarding loading, transporting, or discharging crude oil from Libya which may include the possible denial of port entry.

Any vessel calling Libya must do so in accordance with Libyan regulations and permits; this could include submitting to requests for cargo checks.

It is further recommended to limit deck-work when operating vessels inside of 15 NM of the State of Libya’s coastline and to schedule arrivals to ports and anchorages during day-time hours only.

Operators and Masters should complete a Risk Assessment prior to arriving at points in or near the State of Libya, taking into account that all cargo related documents are readily available and that proper arrival notification is provided to and acknowledged by the local Authorities.

Operators and Masters are suggested to liaise closely with local port agents and P&I correspondents for the latest information on facility conditions and temporary port closures.

Vessels transiting through the eastern Mediterranean should remain well clear of Libyan waters and Coastal navigation should be avoided to the extent possible.

Questions regarding this Advisory should be directed to Security Department at + 1 703 790 3434 or security@liscr.com.

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4 ALBERT EMBANKMENT LONDON SE1 7SR

Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210

On 27 March 2014, the Embassy of Libya forwarded the attached communication, which it has requested be circulated by the Organization.

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C_L

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3442

.doc

Circular Letter No.3442

Annex, page 1

ANNEX

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Circular Letter No.3442

Annex

, page

2

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United Nations

S

/RES/2146 (2014)

Security Council

Distr.: General

19

March 2014

Resolution 2146 (2014)

Adopted by the Security Council at its 7142nd meeting, on

19 March 2014

The Security Council,

Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of 17 March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October 2011, 2017 (2011) of 31 October 2011, 2022 (2011) of 2 December 2011, 2040 of 12 March (2012), 2095 of 14 March (2013), and 2144 (2014), as well as the Statement of its President (S/PRST/2013/21) of 16 December 2013,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

Underlining the primary responsibility of the Libyan authorities in taking appropriate action to prevent the illicit export of crude oil from Libya, and reaffirming the importance of international support for Libyan sovereignty over its territory and resources,

Noting the letter of 10 March 2014 from the Libyan Government to the President of the Security Council and expressing concern that the illicit export of crude oil from Libya undermines the Government of Libya and poses a threat to the peace, security and stability of Libya,

Expressing support to efforts by the Libyan government to resolve peacefully the disruptions of Libya’s energy exports and re-iterating that control of all facilities should be transferred back to the proper authorities, supporting the Libyan government’s intention to address border security issues, including the implementation of the Tripoli Action Plan, and noting the importance of the European Union Border Assistance Mission to Libya to strengthen Libyan border management,

Determining that the situation in Libya continues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

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S/RES/2146 (2014)

1. Condemns attempts to illicitly export crude oil from Libya;
2. Calls on the Government of Libya, on the basis of any information regarding such exports or attempted exports, to expeditiously contact the concerned vessel’s flag state, in the first instance, to resolve the issue;
3. Requests the Government of Libya to appoint and notify the Committee established pursuant to resolution 1970 (2011) of a focal point responsible for communication with the Committee with respect to the measures in this resolution, and requests that the Government of Libya’s focal point inform the Committee of any vessels transporting crude oil illicitly exported from Libya, along with available and relevant information, and of any efforts made in accordance with paragraph 2;
4. Directs the Committee to immediately inform all relevant Member States about such notifications from the Government of Libya’s focal point;
5. Authorizes Member States to inspect on the high seas vessels designated by the Committee pursuant to paragraph 11, and authorizes Member States to use all measures commensurate to the specific circumstances, in full compliance with international humanitarian law and international human rights law, as may be applicable, to carry out such inspections and direct the vessel to take appropriate actions to return the crude oil, with the consent of and in coordination with the Government of Libya, to Libya;
6. Requests that Member States, before taking the measures authorized in paragraph 5, first seek the consent of the vessel’s flag State;
7. Decides that any Member State that undertakes an inspection pursuant to paragraph 5 shall submit promptly a report to the Committee on the inspection containing relevant details, including efforts made to seek the consent of the vessel’s flag State;
8. Affirms that the authorization provided by paragraph 5 of this resolution applies only with respect to inspections carried out by warships and ships owned or operated by a State and used only on government non-commercial service;
9. Further affirms that the authorization provided by paragraph 5 of this resolution applies only with respect to vessels that are the subject of a designation made by the Committee pursuant to paragraph 11 and shall not affect the rights or obligations or responsibilities of Member States under international law, including rights or obligations under the United Nations Convention on the Law of the Sea, including the general principle of exclusive jurisdiction of a flag state over its vessels on the high seas, with respect to other vessels and in any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law;
10. Decides to impose the following measures on vessels designated in accordance with paragraph 11:
11. The Flag State of a vessel designated by the Committee pursuant to paragraph 11 shall take the necessary measures to direct the vessel not to load, transport, or discharge such crude oil from Libya aboard the vessel, absent direction from the Government of Libya focal point;
12. All Member States shall take the necessary measures to prohibit vessels designated by the Committee pursuant to paragraph 11 from entering their ports,

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unless such entry is necessary for the purpose of an inspection, in the case of emergency or in the case of return to Libya;

1. All Member States shall take the necessary measures to prohibit the provision by their nationals or from their territory of bunkering services, such as provision of fuel or supplies, or other servicing of vessels, to vessels designated by the Committee pursuant to paragraph 11, unless provision of such services is necessary for humanitarian purposes, or in the case of return to Libya; in which case the Member State shall notify the Committee;
2. All Member States shall take the necessary measures to require their nationals and entities and individuals in their territory not to engage in any financial transactions with respect to such crude oil from Libya aboard vessels designated by the Committee pursuant to paragraph 11;
3. Decides that the Committee may designate vessels for some or all of the measures in paragraph 10, on a case-by-case basis, for a period of ninety days, which may be renewed by the Committee;
4. Decides that the Committee may decide to terminate the designation of a vessel at any time and may make exceptions to some or all of the measures in paragraph 10 as may be necessary and appropriate;
5. Recalls the creation, pursuant to paragraph 24 of resolution 1973 (2011), of a Panel of Experts, under the direction of the Committee, to carry out the tasks provided for by that paragraph, decides that this mandate shall apply with respect to the measures imposed in this resolution, and directs the Panel of Experts to monitor implementation of the measures imposed in this resolution;
6. Requests the Secretary-General, having due regard for the increased mandate of the Panel of Experts, increase the Panel to six members, and make the necessary financial and security arrangements to support the work of the Panel;
7. Decides that the authorizations provided by and the measures imposed by this resolution shall terminate one year from the date of the adoption of this resolution, unless the Council decides to extend them;
8. Decides to remain seized of the matter.

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