Security Council resolution 2278 (2016) [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 31 July 2017]
Symbol: S/RES/2278 (2016)
Date: 2016-03-31
Status: adopted
Agenda: S/71 [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 EXPORTS|LIBYA|ILLICIT TRAFFIC|FINANCIAL INSTITUTIONS|INTERNAL OVERSIGHT|ARMS EMBARGO|FROZEN ASSETS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                    S/RES/2278 (2016)
               Security Council                                                Distr.: General
                                                                               31 March 2016




               Resolution 2278 (2016)
               Adopted by the Security Council at its 7661st meeting, on
               31 March 2016

                    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) and 2213 (2015) (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) and 2174 (2014) was extended until 30 April
               2016 by resolution 2213 (2015),
                      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, Morocco and endorsed
               the Rome Communiqué of 13 December 2015 to support the Government of
               National Accord 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 the meeting of the Libyan Political Dialogue on 10 March 2016,
               which reaffirmed its commitment to uphold the Libyan Political Agreement,
                      Underlining the primary responsibility of the Government of National Accord
               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,
                    Expressing its concern that the illicit export of crude oil from Libya
               undermines the Government of National Accord and poses a threat to the peace,
               security and stability of Libya,
                     Expressing support to 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

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               Corporation, highlighting the importance of these institutions continuing to function
               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 Authori ty 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 ocean,
                     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 Oil Exports
                    1.   Decides to extend until 31 July 2017 the authorizations provided by and
               the measures imposed by resolution 2146 (2014);
                     2.    Condemns attempts to illicitly export crude oil from Libya, including by
               parallel institutions which are not acting under the authority of the Government of
               National Accord;
                     3.    Requests that the Government of National Accord 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 mea sures in
               resolution 2146 (2014), and to inform the Committee of any vessels transporting
               crude oil illicitly exported from Libya, and urges the Government of National
               Accord 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 crude oil;
                    4.   Calls on the Government of National Accord, on the basis of any
               information regarding such exports or attempted exports, to expeditiously contact


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           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 f ocal
           point regarding vessels transporting oil 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.    Requests the Government of National Accord to appoint a focal point to
           brief the Committee at its request and provide information r elevant to the
           Committee’s work 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 Government security forces, and train ing
           needs, and emphasizes the importance of the Government of National Accord
           exercising control over and safely storing arms, with the support of the international
           community;
                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 ISIL (the Islamic State in Iraq and the
           Levant, also known as Da’esh), groups that have pledged allegiance to ISIL, Ansar
           Al Sharia, and other, groups associated with Al -Qaida operating in Libya, calls upon
           the Committee established pursuant to paragraph 24 of resolution 1970 (2011) 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
           assistance, in response to threats to Libyan security and in defeating ISIL, groups
           that have pledged allegiance to ISIL, Ansar Al Sharia, and other groups associated
           with Al-Qaida 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;




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               Asset Freeze
                    11. 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
                     12. Decides to extend until 31 July 2017 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) and 2174 (2014), and decides that the Panel’s
               mandated tasks shall remain as defined in resolution 2213 (2015);
                      13. Decides that the Panel shall provide to the Council an interim report on
               its work no later than 180 days after the Panel’s appointment, and a final report to
               the Council, after discussion with the Committee, no later than 15 June 2017 with
               its findings and recommendations;
                     14. 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) and 2040 (2012), 2095
               (2013), 2144 (2014) and 2213 (2015) 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 fac ilities, as appropriate;
                    15. 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;
                      16. Affirms its readiness to review the appropriateness of the Measures
               contained in this resolution, including the strengthening, modification, suspensio n
               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;
                    17.   Decides to remain actively seized of the matter.




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