From 14 June 2018, New Zealand will implement the UN Security Council’s sanctions concerning Libya through the United Nations (Libya) Sanctions Regulations 2018.
Sanctions were imposed concerning Libya in 2011 by resolution 1970. The UNSC has made a number of changes to the sanctions regime over time. You can find out more about the UNSC sanctions resolution here (external link).
United Nations (Libya) Sanctions Regulations 2018
New Zealand’s sanctions obligations have been implemented by the United Nations Sanctions (Libya) Regulations 2018 (available here).
Revised sanctions regulations came into force on 14 June 2018. These regulations apply to all persons inside New Zealand and to New Zealand citizens outside New Zealand.
A person breaching the sanctions regulations could be liable for up to 12 months imprisonment or a fine of up to $10,000. A company breaching the sanctions regulations could be liable for a fine of up to $100,000.
Some of the key restrictions in the revised sanctions regulations are outlined below. The following list is a summary only and is not comprehensive. We recommend that you look at the detailed regulations and obtain independent legal advice when making decisions about dealings with Libya.
The regulations prohibit the direct and indirect export of arms to Libya (with some exceptions). The import of arms from Libya to New Zealand is also prohibited. The regulations also prohibit loading or carrying arms to Libya on a New Zealand craft, and other dealings in arms that are intended for Libya (see regulations 5-11).
The regulations prohibit transferring, selling, or otherwise dealing with any property that is owned or controlled by a designated person or their agent (see regulations 19, 20 and 22). You can access the list of people and entities designated by the UN here (external link). There is an exception for some specified financial bodies with property acquired after 16 September 2011 and held outside Libya (see regulation 21).
Prohibitions related to aircraft
Aircraft carrying prohibited items cannot take off from, land in, or fly over New Zealand (see regulation 18).
Prohibitions related to petroleum
The regulations prohibit the loading, transport and discharge of petroleum to or from a designated ship unless directed to do so by a representative of the Libyan Government (see regulation 14).
The regulations also prohibit engaging in any financial transactions relating to petroleum from Libya that has been transported on a ship designated by the UN (see regulation 16).
Prohibitions related to ships
Ships that have been designated by the UN are prohibited from entering a New Zealand port (see regulation 13). Any ships designated by the UN will be listed here (external link).
The regulations also prohibit providing bunkering services to a designated ship (see regulation 17).
Training and assistance
The regulations prohibit providing any training or assistance related to military activities or the provision, manufacture or use of any arms to a person in Libya (with some exceptions) (see regulation 12).
The regulations prohibit people designated by the UN from entering or transiting through New Zealand (see regulation 23). You can access the list of people and entities designated by the UN here (external link).