LegalizeReform history
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011
48 versions
· 2016-01-18
2025-07-31
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2025-04-29
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
Changes on 2025-04-29
@@ -29,15 +29,27 @@
(h) ‘designated vessels’ means vessels designated by the Sanctions Committee as referred to in paragraph 11 of UNSCR 2146 (2014), as listed in Annex V to this Regulation;
(i) ‘the Government of Libya focal point’ means the focal point appointed by the Government of Libya as notified to the Sanctions Committee in accordance with paragraph 3 of UNSCR 2146 (2014).
#### Article 2
(i) ‘the Government of Libya focal point’ means the focal point appointed by the Government of Libya as notified to the Sanctions Committee in accordance with paragraph 3 of UNSCR 2146 (2014);
(j) ‘brokering services’ means:
(i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology, or of financial and technical services, from a third country to any other third country; or
(ii) the selling or buying of goods and technology or of financial and technical services, that are located in third countries for their transfer to another third country;
(k) ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the natural or legal person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;
(l) ‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex IV.
#### Article 2
It shall be prohibited:
(a) to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Union, to any person, entity or body in Libya or for use in Libya;
(b) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a).
(a) to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Union, to any natural or legal person, entity or body in Libya or for use in Libya;
(b) to provide, directly or indirectly, technical assistance or brokering services related to equipment which might be used for internal repression as listed in Annex I, to any natural or legal person, entity or body in Libya or for use in Libya;
(c) to provide, directly or indirectly, financing or financial assistance related to equipment which might be used for internal repression as listed in Annex I, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any natural or legal person, entity or body in Libya or for use in Libya;
(d) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (c).
#### Article 2a
@@ -49,37 +61,33 @@
(c) the provision of financing or financial assistance related to goods set out in Annex VII, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of such items, or for any provision of related technical assistance or brokering services, directly or indirectly, to any person, entity or body in Libya or for use in Libya.
#### Article 3
#### Article 3
It shall be prohibited:
(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union (<sup>1</sup>) (Common Military List) or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in Libya or for use in Libya;
(b) to provide, directly or indirectly, technical assistance related to equipment which might be used for internal repression as listed in Annex I, to any person, entity or body in Libya or for use in Libya;
(c) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List or in Annex I, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any person, entity or body in Libya or for use in Libya;
(d) to provide, directly or indirectly, technical assistance, financing or financial assistance related to the provision of armed mercenary personnel in Libya or for use in Libya;
(e) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (d).
By way of derogation from paragraph 1, the prohibitions laid down therein shall not apply to:
(a) the provision of technical assistance, financing or financial assistance related to non-lethal military equipment intended solely for humanitarian purposes or protective use;
(a) to provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in the Common Military List or firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in Libya or for use in Libya;
(b) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in the Common Military List or firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 for any sale, supply, transfer or export of such items, or for any provision of related technical assistance or brokering services to any natural or legal person, entity or body in Libya or for use in Libya;
(c) to provide, directly or indirectly, technical assistance, financing or financial assistance related to the provision of armed mercenary personnel in Libya or for use in Libya;
(d) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) to (c).
Paragraphs 1 and 2 shall not apply to:
(a) the sale, supply, transfer or export of non-lethal military equipment or the provision of related technical assistance, brokering services, financing or financial assistance intended solely for humanitarian purposes or protective use;
(b) protective clothing, including flak jackets and military helmets, temporarily exported to Libya by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;
(c) the provision of technical assistance, financing or financial assistance related to non-lethal military equipment intended solely for security or disarmament assistance to the Libyan government.
By way of derogation from paragraph 1, and as approved in advance by the Sanctions Committee, the prohibitions laid down therein shall not apply to:
(a) the provision of technical assistance, financing or financial assistance related to other sales and supply of arms and related material;
(b) the provision of technical assistance, financing or financial assistance related to military equipment, including arms and related materiel not falling within the scope of paragraph (a) and intended solely for security or disarmament assistance to the Libyan government.
(c) the sale, supply, transfer or export of non-lethal military equipment or the provision of related technical assistance, brokering services, financing or financial assistance intended solely for security or disarmament assistance to the Libyan government.
#### Article 3a
It shall be prohibited to import, purchase or transfer, directly or indirectly, the goods and technology listed in the Common Military List, as well as firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 of the European Parliament and of the Council, from Libya, whether or not originating in the territory of Libya.
#### Article 4
To prevent the transfer of goods and technology which are covered by the Common Military List or the supply, sale, transfer, export or import of which is prohibited by this Regulation, for all goods brought into or leaving the customs territory of the Union from or to Libya, in addition to the rules governing the obligation to provide pre-arrival and pre-departure information as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in Regulations (EC) No 450/2008 (<sup>2</sup>) and (EU) No 952/2013 (<sup>3</sup>) of the European Parliament and of the Council, the person who provides that information shall declare whether the goods are covered by the Common Military List or by this Regulation and, where the exported goods are subject to authorisation, specify the particulars of the export licence granted. These additional elements shall be submitted to the competent customs authorities of the Member State concerned either in written form or using a customs declaration, as appropriate.
To prevent the transfer of goods and technology which are covered by the Common Military List or the supply, sale, transfer, export or import of which is prohibited by this Regulation, for all goods brought into or leaving the customs territory of the Union from or to Libya, in addition to the rules governing the obligation to provide pre-arrival and pre-departure information as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in Regulations (EC) No 450/2008 (<sup>3</sup>) and (EU) No 952/2013 (<sup>4</sup>) of the European Parliament and of the Council, the person who provides that information shall declare whether the goods are covered by the Common Military List or by this Regulation and, where the exported goods are subject to authorisation, specify the particulars of the export licence granted. These additional elements shall be submitted to the competent customs authorities of the Member State concerned either in written form or using a customs declaration, as appropriate.
#### Article 5
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(b) the Sanctions Committee has been notified by the relevant Member State of the intention to grant an authorisation ten working days in advance.
#### Article 11a
After notification by the Member State concerned to the Sanctions Committee and provided that the Sanctions Committee has approved the use of frozen cash reserves as referred to in, and in accordance with, paragraph 14 of UNSCR 2769 (2025), which includes consultation with the Government of Libya, the competent authorities of that Member State shall authorise the use of frozen cash reserves belonging to the entity listed under entry number 1 in Annex VI, exclusively for investment in:
(a) low-risk time deposits with an appropriate financial institution selected by the entity listed under entry number 1 in Annex VI and located in the Member State in which the funds are frozen, in the case of frozen cash reserves referred to in ‘recommendation 7.1’ referred to in UNSCR 2769 (2025); or
(b) fixed income instruments, in the case of frozen cash reserves referred to in ‘recommendation 7.2’ referred to in UNSCR 2769 (2025);
in accordance with the approval of the Sanctions Committee.
#### Article 12
Article 5(2) shall not apply to the addition to frozen accounts of:
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1.Firearms, ammunition and related accessories therefor, as follows:
1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union (<sup>5</sup>) (Common Military List);
1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union (<sup>6</sup>) (Common Military List);
1.2 Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;
2025-01-29
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2024-09-13
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2024-07-24
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2020-10-15
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2020-09-21
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2020-03-06
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2019-08-03
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2019-07-09
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2018-12-19
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2018-11-29
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2018-09-19
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2018-06-15
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2018-05-15
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2018-02-10
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2017-12-08
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2017-11-09
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2017-10-31
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2017-08-11
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2017-07-19
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2017-03-23
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2016-10-02
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2016-09-22
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2016-05-25
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2016-04-01
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original version
Text at this date