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The Libya (Sanctions) (Overseas Territories) Order 2021

Type Statutory-Instrument
Publication 2021-01-13
Last updated 2025-12-11
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • (a) in the heading, for “Treasury licences” substitute “Financial sanctions licences”;
  • (b) in paragraph 11A(b)(ii) (pre-existing judicial decisions etc.) and paragraph 15B (judicial decisions etc.), for “United Kingdom” substitute “Territory”;
  • (c) for paragraph 15A (insolvency) substitute—

(15A) (1) To enable anything to be done in connection with— (a) any insolvency and restructuring proceedings relating to an insolvent person, or (b) proceedings, under the insolvency law of any country other than the Territory, that correspond to the proceedings in paragraph (a), provided that any payments made directly or indirectly to a designated person are credited to a frozen account. (2) In this paragraph— - “insolvency and restructuring proceedings” includes—any proceedings, under any law relating to insolvency for the time being in force in the Territory, whereby, for a set period of time, the creditors of an insolvent person are precluded from taking action against the insolvent person;any arrangement, under any such law, involving an agreement between an insolvent person and its creditors which is administered by an insolvency practitioner, and “insolvency practitioner” has the meaning given by regulation 57(2H);any administration procedure, under any such law, in accordance with which proceedings, actions or other steps against an insolvent person are prohibited for the purpose of allowing the insolvent person to do either or both of the following—reorganise assets;realise assets;any receivership procedure, under any such law, whereby a secured creditor of an insolvent person can appoint an administrative receiver to manage and sell the insolvent person’s business and assets;any proceedings, under any such law, for the winding up of a company but excluding any proceedings relating to the winding up of a solvent company;any arrangement or scheme sanctioned by a court, under any such law, between a company and its members or creditors which can be used to effect solvent reorganisation of the company or effect insolvent restructurings; - “insolvent person” means a person (“P”), other than an individual, where—P is unable to pay its debts as they fall due, orthe value of P’s assets is less than the amount of its liabilities, taking into account its contingent and prospective liabilities.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order extends with modifications the Libya (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1665) (“the Libya Regulations”) as amended from time to time to all British overseas territories except Bermuda and Gibraltar (which implement sanctions under their own legislative arrangements). It also implements in those territories the travel ban in respect of UN designated persons required by paragraph 15 of resolution 1970 (2011) adopted by the Security Council on 26 February 2011 (“resolution 1970”) (which in the United Kingdom is implemented by way of the Immigration Act 1971 (c.77) rather than the Libya Regulations).

Section 63(3)(c) of the Sanctions and Anti-Money Laundering Act 2018 (c.13) (“the Sanctions Act”) provides that Her Majesty may by Order in Council provide for any provision of Part 1 of that Act, or any regulations under Part 1 of that Act, to extend with or without modifications to any of the British overseas territories. Section 63(4) provides that this includes the power to extend any regulations as amended from time to time.

Section 1 of the United Nations Act 1946 (c.45) provides that Her Majesty may by Order in Council make such provision as appears to Her necessary or expedient for enabling the effective application of certain measures where, under Article 41 of the Charter of the United Nations, the Security Council has called upon Her Majesty’s Government in the United Kingdom to apply such measures to give effect to any decision of that Council. In accordance with subsection (2) of that section, such Orders in Council may extend to the British overseas territories.

The Libya Regulations were made under Part 1 of the Sanctions Act to establish a sanctions regime in relation to Libya for the purposes of complying with obligations the United Kingdom has by virtue of UN Security Council resolutions relating to Libya, and for the purposes of promoting respect for human rights in Libya, promoting the peace, stability and security of Libya, promoting the successful completion of Libya’s political transition, and preventing migrant smuggling and human trafficking from Libya.

The Libya Regulations, as modified and extended to the British overseas territories listed in Schedule 1 by this Order (“the modified Regulations”), provide that a person named by the UN or designated by the Secretary of State for being, or having been, involved in certain activities, is a designated person for the purposes of the modified Regulations. Designated persons may be excluded from the territory and may be made subject to financial sanctions, including having their funds or economic resources frozen. There are also specific financial sanctions giving effect to a partial asset-freeze imposed by the United Nations in respect of two entities named in Annex II of resolution 1973 adopted by the UN Security Council on 17 March 2011.

The modified Regulations also impose trade restrictions in relation to military goods, items which could be used to repress the civilian population of Libya (as specified in Schedule 2 to the modified Regulations) and on certain goods which could be used for human trafficking or the smuggling of migrants. The modified Regulations also impose restrictions in relation to certain aircraft and ships, and conduct that may contribute to the armed hostilities taking place in Libya.

The modified Regulations provide for certain exceptions to this sanctions regime (for example to allow for frozen accounts to be credited with interest or other earnings and to allow acts done for the purpose of national security or the prevention of serious crime). The Governor of a British overseas territory to which the modified Regulations extend may, with the consent of the Secretary of State, issue a licence in respect of activities that would otherwise be prohibited under the modified Regulations. Schedule 4 sets out the purposes under which the Governor may issue a financial sanctions licence. The modified Regulations also require the Governor of the territory to publish an up-to-date list of designated persons.

The modified Regulations prescribe powers for the provision and sharing of information to enable the effective implementation and enforcement of the sanctions regime. The modified Regulations also prescribe enforcement powers in relation to suspected ships, aircraft or vehicles, or for the issue of a search warrant. The modified Regulations make it a criminal offence to contravene, or circumvent, any of the prohibitions in the modified Regulations and prescribe the penalties that apply to such offences.

This Order also extends to the territories for the purposes of the modified Regulations specific provisions of Part 1 of the Sanctions Act, namely provisions relating to protection for acts done for purposes of compliance, Crown application and saving for prerogative powers.

This Order also provides that, subject to certain exceptions, UN designated persons must not enter transit or remain in the territories.

This Order revokes the Libya (Restrictive Measures) (Overseas Territories) Order 2011 (S.I. 2011/1080); the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011 (S.I. 2011/2717); the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 (S.I. 2012/356); and the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013 (S.I. 2013/3160).

An Impact Assessment has not been prepared for this instrument because the territorial extent of the instrument and the modified Regulations is the British overseas territories listed in Schedule 1: no, or no significant, impact is foreseen on the private, voluntary or public sectors in the United Kingdom.

Footnotes

1

The Security Council of the United Nations adopted resolution 1970 (2011) (arms embargo, travel ban and asset-freeze) on 26 February 2011 (“resolution 1970”). Paragraph 15 of resolution 1970 requires States to take necessary measures to prevent the entry into or transit through their territories of persons designated pursuant to paragraph 24 of that resolution.

7

ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

8

United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

13

1981 c. 61. Part IV has been amended by the British Overseas Territories Act 2002 (c. 8), section 1(1)(b); and the Nationality, Immigration and Asylum Act 2002 (c. 41), Schedule 2, paragraph 1(i).

14

ETS Numbers 005, 009, 046, 114, 117, 177, 187 and CETS Numbers 194, 213 and 214.

15

United Nations Treaty Series, vol. 189, p. 137 and vol. 606, p. 267.

17

2000 c.8. Part 4A was inserted by the Financial Services Act 2012 (c. 21), section 11(2) and most recently amended by S.I. 2018/1149; it is prospectively amended by S.I. 2019/632.

18

1979 c. 38. Section 1 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 1, paragraph 40; the Planning (Consequential Provisions) Act 1990 (c. 11), Schedule 2, paragraph 42; the Planning (Consequential Provisions) (Scotland) Act 1997 (c. 11), Schedule 2, paragraph 28; the Enterprise and Regulatory Reform Act 2013 (c. 24), section 70; S.I. 1991/2684; S.I. 2000/121; and S.I. 2001/1283.

19

2005 c. 15. Chapter 1 of Part 2 has been amended by the Terrorism Act 2006 (c. 11), section 33(2) to (4); the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), sections 26(2) and 30(2) and Schedules 3 and 5; the Bribery Act 2010 (c. 23), section 17(2) and Schedule 1; the Criminal Justice and Licensing (Scotland) Act 2010 (asp.13), section 203 and Schedule 7, paragraph 77; the Crime and Courts Act 2013 (c. 22), section 15 and Schedule 8, paragraphs 157 and 159; the Criminal Finances Act 2017 (c. 22), section 51(1); the Sanctions and Anti-Money Laundering Act 2018, section 59(4) and Schedule 3, paragraph 4; S.I. 2006/1629; and S.I. 2014/834.

Editorial notes

21

Art. 1 in force at 15.1.2021, see art. 1(1)

22

Art. 2 in force at 15.1.2021, see art. 1(1)

23

Art. 3 in force at 15.1.2021, see art. 1(1)

24

Art. 4 in force at 15.1.2021, see art. 1(1)

25

Art. 5 in force at 15.1.2021, see art. 1(1)

26

Sch. 2 para. 1 in force at 15.1.2021, see art. 1(1)

27

Sch. 2 para. 2 in force at 15.1.2021, see art. 1(1)

28

Sch. 2 para. 3 in force at 15.1.2021, see art. 1(1)

29

Sch. 2 para. 4 in force at 15.1.2021, see art. 1(1)

30

Sch. 2 para. 5 in force at 15.1.2021, see art. 1(1)

31

Sch. 2 para. 6 in force at 15.1.2021, see art. 1(1)

32

Sch. 2 para. 7 in force at 15.1.2021, see art. 1(1)

33

Sch. 2 para. 8 in force at 15.1.2021, see art. 1(1)

34

Sch. 2 para. 9 in force at 15.1.2021, see art. 1(1)

35

Sch. 2 para. 10 in force at 15.1.2021, see art. 1(1)

36

Sch. 2 para. 11 in force at 15.1.2021, see art. 1(1)

37

Sch. 2 para. 12 in force at 15.1.2021, see art. 1(1)

38

Sch. 2 para. 13 in force at 15.1.2021, see art. 1(1)

39

Sch. 2 para. 14 in force at 15.1.2021, see art. 1(1)

40

Sch. 2 para. 15 in force at 15.1.2021, see art. 1(1)

41

Sch. 2 para. 16 in force at 15.1.2021, see art. 1(1)

42

Sch. 2 para. 17 in force at 15.1.2021, see art. 1(1)

43

Sch. 2 para. 18 in force at 15.1.2021, see art. 1(1)

44

Sch. 2 para. 19 in force at 15.1.2021, see art. 1(1)

45

Sch. 2 para. 20 in force at 15.1.2021, see art. 1(1)

46

Sch. 2 para. 21 in force at 15.1.2021, see art. 1(1)

47

Sch. 2 para. 22 in force at 15.1.2021, see art. 1(1)

48

Sch. 2 para. 23 in force at 15.1.2021, see art. 1(1)

49

Sch. 2 para. 24 in force at 15.1.2021, see art. 1(1)

50

Sch. 2 para. 25 in force at 15.1.2021, see art. 1(1)

51

Sch. 2 para. 26 in force at 15.1.2021, see art. 1(1)

52

Sch. 2 para. 27 in force at 15.1.2021, see art. 1(1)

53

Sch. 2 para. 28 in force at 15.1.2021, see art. 1(1)

54

Sch. 2 para. 29 in force at 15.1.2021, see art. 1(1)

55

Sch. 2 para. 30 in force at 15.1.2021, see art. 1(1)

56

Sch. 2 para. 31 in force at 15.1.2021, see art. 1(1)

57

Sch. 2 para. 32 in force at 15.1.2021, see art. 1(1)

58

Sch. 2 para. 33 in force at 15.1.2021, see art. 1(1)

59

Sch. 2 para. 34 in force at 15.1.2021, see art. 1(1)

60

Sch. 2 para. 35 in force at 15.1.2021, see art. 1(1)

61

Sch. 2 para. 36 in force at 15.1.2021, see art. 1(1)

62

Sch. 2 para. 37 in force at 15.1.2021, see art. 1(1)

63

Sch. 2 para. 38 in force at 15.1.2021, see art. 1(1)

64

Sch. 2 para. 39 in force at 15.1.2021, see art. 1(1)

65

Sch. 2 para. 40 in force at 15.1.2021, see art. 1(1)

66

Sch. 2 para. 41 in force at 15.1.2021, see art. 1(1)

67

Sch. 2 para. 42 in force at 15.1.2021, see art. 1(1)

68

Sch. 2 para. 43 in force at 15.1.2021, see art. 1(1)

69

Sch. 2 para. 44 in force at 15.1.2021, see art. 1(1)

70

Sch. 2 para. 45 in force at 15.1.2021, see art. 1(1)

71

Sch. 2 para. 46 in force at 15.1.2021, see art. 1(1)

72

Sch. 2 para. 47 in force at 15.1.2021, see art. 1(1)

73

Sch. 2 para. 48 in force at 15.1.2021, see art. 1(1)

74

Sch. 2 para. 49 in force at 15.1.2021, see art. 1(1)

75

Sch. 2 para. 50 in force at 15.1.2021, see art. 1(1)

76

Sch. 2 para. 51 in force at 15.1.2021, see art. 1(1)

77

Sch. 2 para. 52 in force at 15.1.2021, see art. 1(1)

78

Sch. 2 para. 53 in force at 15.1.2021, see art. 1(1)

79

Sch. 2 para. 54 in force at 15.1.2021, see art. 1(1)

80

Sch. 2 para. 55 in force at 15.1.2021, see art. 1(1)

81

Sch. 2 para. 56 in force at 15.1.2021, see art. 1(1)

82

Sch. 2 para. 57 in force at 15.1.2021, see art. 1(1)

83

Sch. 2 para. 58 in force at 15.1.2021, see art. 1(1)

84

Sch. 2 para. 59 in force at 15.1.2021, see art. 1(1)

85

Sch. 2 para. 60 in force at 15.1.2021, see art. 1(1)

86

Sch. 2 para. 61 in force at 15.1.2021, see art. 1(1)

87

Sch. 2 para. 62 in force at 15.1.2021, see art. 1(1)

88

Sch. 2 para. 63 in force at 15.1.2021, see art. 1(1)

89

Sch. 2 para. 64 in force at 15.1.2021, see art. 1(1)

90

Sch. 2 para. 65 in force at 15.1.2021, see art. 1(1)

91

Sch. 2 para. 66 in force at 15.1.2021, see art. 1(1)

92

Sch. 2 para. 67 in force at 15.1.2021, see art. 1(1)

93

Sch. 1 in force at 15.1.2021, see art. 1(1)

6A

Omit regulation 5A (conditions for the designation of persons by name) (including the heading).

22A

For regulation 43ZA (finance: exception from prohibitions for required payments) substitute—

(43ZA) (1) This regulation applies to required payments within the meaning of paragraph (2). (2) A required payment is a payment which a designated person is required to make under or by virtue of any enactment which applies in the Territory to— (a) a government department or body, (b) a customs authority, (c) a revenue authority, (d) a registrar of companies, (e) a financial regulator, (f) a land authority, or (g) a consolidated fund. (3) The prohibitions in regulations 12 (asset-freeze in relation to designated persons) and 14 (making funds available for benefit of designated persons) are not contravened by a person making a required payment. (4) Where a required payment is made by a person other than a non-UN designated person, the prohibition in regulation 12 is not contravened by the non-UN designated person making a reimbursement payment to that person. (5) The reference in paragraph (3) to a person making a required payment— (a) does not include a UN designated person, and (b) only includes a non-UN designated person where they are making a required payment on their own behalf. (6) For the purposes of this regulation— (a) references to a non-UN designated person are to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the non-UN designated person, and (b) the reference in paragraph (5) to a UN designated person is to be read as including a person who is owned or controlled directly or indirectly (within the meaning of regulation 7) by the UN designated person. (7) In this regulation— - “designated person” means a designated person within the meaning of regulation 11 (meaning of “designated person” in Chapter 1) or 17 (meaning of “designated person” in Chapter 2); - “reimbursement payment” means a repayment from the non-UN designated person to the person who made a required payment which is of the same amount as that required payment; - “UN designated person” means—a person who is a designated person for the purposes of regulations 12 to 16 or regulations 18 to 20 by reason of regulation 10 (designation of persons named by or under UN Security Council Resolutions), ora person who is designated under regulation 5 (power to designate persons) (as it has effect in the United Kingdom) for the purposes of regulations 12 to 16 and whose designation is (in the opinion of the Secretary of State) required by paragraph 17 of resolution 1970 (read in accordance with regulation 4(4)).

32A

In regulation 56A (finance: reporting obligations for required payments)—

  • (a) in paragraphs (1), (2) and (3), for “Treasury” substitute “Governor”;
  • (b) in paragraph (5), in the definition of “reimbursement payment”, for “43ZA(8)” substitute “43ZA(7)”.

41A

For regulation 64A (finance: disclosure to the Treasury) substitute—

(64A) (1) A relevant public authority may disclose information to the Governor or an authorised officer if the disclosure is made for the purpose of enabling or assisting the Governor or the authorised officer to discharge any of their functions in connection with any sanctions regulations contained in these Regulations. (2) In this regulation, “relevant public authority” means— (a) any person holding or acting in any office under or in the service of— (i) the Crown in right of the Government of the United Kingdom; (ii) the Crown in right of the Government of the Territory, or (b) any other person exercising functions of a public nature.

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