Security Council resolution 2441 (2018) [on extension of the authorizations provided by and the measures imposed by Security Council resolution 2146 (2014) and on extension of the mandate of the Panel of Experts concerning Libya until 15 Feb. 2020]
Symbol: S/RES/2441 (2018)
Date: 2018-11-05
Status: adopted
Agenda: S/73 [219] LIBYA SITUATION
S/ X The situation in Libya.
Subjects: UN. Panel of Experts Established pursuant to Security Council Resolution 1973 (2011)|Charter of the United Nations (1945). Chapter VII|SANCTIONS|PETROLEUM|EXPORT RESTRAINTS|LIBYA|ILLICIT TRAFFIC|FINANCIAL INSTITUTIONS|INTERNAL OVERSIGHT|ARMS EMBARGO|FROZEN ASSETS
Votes in favour: 13
Votes against: 0
Abstentions: 2
Voting record:
country: BOLIVIA (PLURINATIONAL STATE OF)
vote: yes
country: CHINA
vote: abstention
country: CÔTE D'IVOIRE
vote: yes
country: EQUATORIAL GUINEA
vote: yes
country: ETHIOPIA
vote: yes
country: FRANCE
vote: yes
country: KAZAKHSTAN
vote: yes
country: KUWAIT
vote: yes
country: NETHERLANDS
vote: yes
country: PERU
vote: yes
country: POLAND
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SWEDEN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                   S/RES/2441 (2018)
               Security Council                                                 Distr.: General
                                                                                5 November 2018




               Resolution 2441 (2018)
               Adopted by the Security Council at its 8389th meeting, on
               5 November 2018

                    The Security Council,
                      Recalling the arms embargo, travel ban, assets freeze and measures concerning
               illicit oil exports which were imposed and modified by resolutions 1970 (2011), 1973
               (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2146 (2014), 2174
               (2014), 2213 (2015), 2278 (2016), 2292 (2016), 2357 (2017), 2362 (2018), 2420
               (2018) (the Measures), and that the mandate of the Panel of Experts established by
               paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012),
               2146 (2014), 2174 (2014), 2213 (2015) and 2278 (2016) was extended until
               15 November 2018 by resolution 2362 (2017),
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                    Recalling resolution 2259 (2015) which welcomed the signing of the
               17 December 2015 Libyan Political Agreement of Skhirat, M orocco and endorsed the
               Rome Communiqué of 13 December 2015 to support the Government of National
               Accord (GNA) as the sole legitimate government of Libya, that should be based in
               Tripoli, and further expressing its determination in this regard to support the
               Government of National Accord,
                     Welcoming endorsement in principle of the Libyan Political Agreement (LPA)
               by the House of Representatives on 25 January 2016 and the subsequent meetings of
               the Libyan Political dialogue which reaffirmed its commitment to uphold the LPA,
               and reaffirming that the LPA remains the only viable framework to end the Libyan
               political crisis, and its implementation remains key to holding elections and finalising
               the political transition,
                     Underlining the primary responsibility of the GNA in taking appropriate action
               to prevent the illicit export of petroleum, including crude oil and refined petroleum
               products, from Libya and reaffirming the importance of international support for
               Libyan sovereignty over its territory and resources,
                    Expressing its concern that the illicit export of petroleum, including crude oil
               and refined petroleum products, from Libya undermines the Government of National
               Accord and poses a threat to the peace, security and stability of Libya,




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                     Expressing support for Libyan efforts to resolve peacefully the disruptions of
               Libya’s energy exports and reiterating that control of all facilities should be
               transferred back to the proper authorities,
                     Further reiterating its concern about activities which could damage the integrity
               and unity of Libyan State financial institutions and the National Oil Corporation
               (NOC), recalling events in the Oil Crescent and the Security Council’s Press
               Statement of 19 July 2018 welcoming the announcement that Libya ’s NOC had
               resumed its work on behalf, and for the benefit, of all Libyans, and stressing the need
               for the Government of National Accord to exercise sole and effective oversight over
               the National Oil Corporation, the Central Bank of Libya, and the Libyan Investment
               Authority as a matter of urgency, without prejudice to future constitutional
               arrangements pursuant to the Libyan Political Agreement,
                     Further recalling resolution 2259 (2015) which called on Member States to
               cease support to and official contact with parallel institutions claiming to be the
               legitimate authority, but which were outside the Libyan Political Agreement, as
               specified by it,
                     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 oceans and seas,
                     Further recalling resolutions 2292 (2016), 2357 (2017) and 2420 (2018) which
               in relation to the implementation of the arms embargo authorise, for the period of
               time specified by those resolutions, the inspection on the high seas off the coast of
               Libya of vessels bound to or from Libya believed to be carrying arms or related
               materiel in violation of relevant Security Council resolutions, and the seizure and
               disposal of such items provided that Member States make good faith efforts to first
               obtain the consent of the vessel’s flag State prior to any inspections while acting in
               accordance with those resolutions,
                     Reaffirming the importance of holding accountable those responsible for
               violations or abuses of human rights or violations of international humanitarian law,
               including those involved in attacks targeting civilians and stressing the need to
               transfer detainees to State authority,
                     Reiterating its expression of support for the Government of National Accord, as
               stated in paragraph 3 of resolution 2259 (2015), and noting in this regard the specific
               requests made to the Government of National Accord in this resolution,
                     Reiterating its request that all Member States fully support the efforts of the
               Special Representative of the Secretary-General and work with the Libyan authorities
               and United Nations Support Mission in Libya (UNSMIL) to develop a coordinated
               package of support to build the capacity of the Government of National Accord, in
               line with Libyan priorities and in response to requests for assistance,
                     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,

               Prevention of Illicit Exports of Petroleum, including Crude Oil and Refined
               Petroleum Products
                     1.   Condemns attempts to illicitly export petroleum, including crude oil and
               refined petroleum products, from Libya, including by parallel institutions which are
               not acting under the authority of the Government of National Accord;



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                2.    Decides to extend until 15 February 2020 the authorizations provided by
           and the measures imposed by resolution 2146 (2014), and decides further that the
           authorisations provided by and the measures imposed by that resolution shall apply
           with respect to vessels loading, transporting, or discharging petroleum, including
           crude oil and refined petroleum products, illicitly exported or attempted to be
           exported from Libya;
                 3.    Welcomes the appointment by the Government of National Accord and
           notification to the Committee established pursuant to paragraph 24 of resolution 1970
           (2011) (the Committee) of a focal point responsible for communication with the
           Committee with respect to the measures in resolution 2146 (2014), requests the focal
           point to continue to inform the Committee of any vessels transporting petroleum,
           including crude oil and refined petroleum products, illicitly exported from Libya, and
           urges the Government of National Accord to work closely with the National Oil
           Company in that regard, and to provide regular updates to inform the Committee on
           ports, oil fields, and installations that are under its control, and to inform the
           Committee about the mechanism used to certify legal exports of petroleum, including
           crude oil and refined petroleum products;
                  4.    Calls on the Government of National Accord, 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 and directs the
           Committee to immediately inform all relevant Member States about notifications to
           the Committee from the Government of National Accord ’s focal point regarding
           vessels transporting petroleum, including crude oil and refined petroleum products,
           illicitly exported from Libya;

           Effective Oversight of the Financial Institutions
               5.    Requests that the Government of National Accord confirm to the
           Committee as soon as it exercises sole and effective oversight over the National Oil
           Corporation, the Central Bank of Libya, and the Libyan Investment Authority;

           Arms Embargo
                 6.   Welcomes the appointment by the Government of National Accord of a
           focal point pursuant to paragraph 6 of resolution 2278, takes note of the briefing
           provided by the focal point to the Committee on the structure of the security forces
           under its control, the infrastructure in place to ensure the safe storage, registration,
           maintenance and distribution of military equipment by the Governm ent security
           forces, and training needs, continues to emphasise the importance of the Government
           of National Accord exercising control over and safely storing arms, with the support
           of the international community, and stresses that ensuring security and defending
           Libya from terrorism must be the task of unified and strengthened national security
           forces under the sole authority of the Government of National Accord within the
           framework of the Libyan Political Agreement;
                7.     Affirms that the Government of National Accord may submit requests
           under paragraph 8 of resolution 2174 (2014) for the supply, sale or transfer of arms
           and related materiel, including related ammunition and spare parts, for the use by
           security forces under its control to combat the Islamic State in Iraq and the Levant
           (ISIL, also known as Da’esh), groups that have pledged allegiance to ISIL, Al-Qaida,
           Ansar Al Sharia, and other associated groups operating in Libya, calls upon the
           Committee to consider expeditiously such requests, and affirms the Security
           Council’s readiness to consider reviewing the arms embargo, when appropriate;
                 8.   Urges Member States to assist the Government of National Accord, upon
           its request, by providing it with the necessary security and capacity-building

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               assistance, in response to threats to Libyan security and in defeating ISIL, groups that
               have pledged allegiance to ISIL, Al-Qaida, Ansar Al Sharia, and other associated
               groups operating in Libya;
                     9.    Urges the Government of National Accord to improve further the
               monitoring and control of arms or related materiel that are supplied, sold or
               transferred to Libya in accordance with paragraph 9 (c) of resolution 1970 (2011) or
               paragraph 8 of resolution 2174 (2014), including through the use of end user
               certificates issued by the Government of National Accord, requests the Panel of
               Experts established by paragraph 24 of resolution 1973 (2011) to consult with the
               Government of National Accord about the safeguards needed to safely procure and
               secure arms and related materiel, and urges Member States and regional organizations
               to provide assistance to the Government of National Accord upon its request to
               strengthen the infrastructure and mechanisms currently in place to do so;
                    10. Calls upon the Government of National Accord to improve the
               implementation of the arms embargo, including at all entry points, as soon as it
               exercises oversight, and calls upon all Member States to cooperate in such efforts;

               Travel Ban and Asset Freeze
                     11. Reaffirms that the travel ban and asset freeze measures specified in
               paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011), as modified by
               paragraphs 14, 15 and 16 of resolution 2009 (2011) paragraph 11 of resolution 2213
               (2015) and paragraph 11 of resolution 2362 (2017), apply to individuals and entities
               designated under that resolution and under resolution 1973 (2011) and by the
               Committee established pursuant to paragraph 24 of resolution 1970 (2011), and
               reaffirms that these measures also apply to individuals and entities determined by the
               Committee to be engaging in or providing support for other acts that threaten the
               peace, stability or security of Libya, or obstruct or undermine the successful
               completion of its political transition, and reaffirms that, in addition to the acts listed
               in paragraph 11 (a)-(f) of resolution 2213 (2015), such acts may also include but are
               not limited to planning, directing, sponsoring, or participating in attacks against
               United Nations personnel, including members of the Panel of Experts established by
               paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012),
               2146 (2014), 2174 (2014), 2213 (2015) and this resolution (the Panel) and decides
               that such acts may also include but are not limited to planning, directing or
               committing acts involving sexual and gender-based violence;
                     12. Calls on Member States, particularly those in which designated
               individuals and entities are based as well as those in which their assets frozen under
               the measures are suspected to be present, to report to the Committee on the actions
               they have taken to implement effectively the travel ban and asset freeze measures in
               relation to all individuals on the sanctions list, including those designated by the
               Committee on 7 June 2018 and 11 September 2018;
                    13. Reaffirms its intention to ensure that assets frozen pursuant to paragraph
               17 of resolution 1970 (2011) shall at a later stage be made available to and for the
               benefit of the Libyan people and taking note of the letter circulated as document
               S/2016/275, affirms the Security Council’s readiness to consider changes, when
               appropriate, to the asset freeze at the request of the Government of National Accord;

               Panel of Experts
                    14. Decides to extend until 15 February 2020 the mandate of the Panel of
               Experts (the Panel), established by paragraph 24 of resolution 1973 (2011) and
               modified by resolutions 2040 (2012), 2146 (2014), 2174 (2014), and 2213 (2015),
               decides that the Panel’s mandated tasks shall remain as defined in resolution 2213

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           (2015) and shall also apply with respect to the Measures updated in this resolution
           and requests the Panel of experts to include the necessary sexual and gender -based
           violence expertise, in line with paragraph 6 of resolution 2242 (2015);
                15. Decides that the Panel shall provide to the Council an interim report on its
           work no later than 15 June 2019, and a final report to the Council, after discussion
           with the Committee, no later than 15 December 2019 with its findings and
           recommendations;
                 16. Urges all States, relevant United Nations bodies, including UNSMIL, and
           other interested parties, to cooperate fully with the Committee and the Panel, in
           particular by supplying any information at their disposal on the implementation of the
           Measures decided in resolutions 1970 (2011), 1973 (2011), 2146 (2014) and 2174
           (2014), and modified in resolutions 2009 (2011), 2040 (2012), 2095 (2013), 2144
           (2014), 2213 (2015), 2278 (2016), 2292 (2016), 2357 (2017), 2362 (2017), 2420
           (2018) and in this resolution, in particular incidents of non-compliance, and calls on
           UNSMIL and the Government of National Accord to support Panel investigatory work
           inside Libya, including by sharing information, facilitating transit and granting access
           to weapons storage facilities, as appropriate;
                17. Calls upon all parties and all States to ensure the safety of the Panel’s
           members, and further calls upon all parties and all States, including Libya and
           countries of the region, to provide unhindered and immediate access, in particular to
           persons, documents and sites the Panel deems relevant to the execution of its mandate;
                  18. Affirms its readiness to review the appropriateness of the Measures
           contained in this resolution, including the strengthening, modification, suspension or
           lifting of the Measures, and its readiness to review the mandate of UNSMIL and the
           Panel, as may be needed at any time in light of developments in Libya;
                19.   Decides to remain actively seized of the matter.




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