Security Council resolution 2701 (2023) [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. 2025]
Symbol: S/RES/2701 (2023)
Date: 2023-10-19
Status: adopted
Agenda: S/78 [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|LIBYA|EXPORT RESTRAINTS|ARMS EMBARGO|PETROLEUM|ILLICIT TRAFFIC|TRAVEL RESTRICTIONS|FROZEN ASSETS|SANCTIONS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ALBANIA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: ECUADOR
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GHANA
vote: yes
country: JAPAN
vote: yes
country: MALTA
vote: yes
country: MOZAMBIQUE
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SWITZERLAND
vote: yes
country: UNITED ARAB EMIRATES
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                 S/RES/2701 (2023)
               Security Council                                                Distr.: General
                                                                               19 October 2023




               Resolution 2701 (2023)
               Adopted by the Security Council at its 9445th meeting, on
               19 October 2023

                    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) and
               2146 (2014), and modified by subsequent resolutions including resolutions 2441
               (2018), 2509 (2020), 2526 (2020), 2571 (2021), and 2664 (2022), and that the
               mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011)
               and modified by subsequent resolutions was extended until 15 November 2023 by
               resolution 2644 (2022), and also recalling resolution 2616 (2021),
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                     Reaffirming its strong commitment to an inclusive, Libyan-led and Libyanowned political process, facilitated by the United Nations and supported by the
               international community, which builds on progress achieved in negotiations thus far,
               and enables the holding of free, fair, transparent and inclusive national presidential
               and parliamentary elections across Libya as soon as possible,
                     Renewing its request that all Member States support fully the efforts of the
               United Nations, and its call on Member States to use their influence with the parties
               to implement and uphold the ceasefire and support the Libyan-led and Libyan owned
               inclusive political process,
                     Expressing serious concern about violent clashes in Tripoli on 14 August 2023
               and the overall fragility of the security situation in Libya, and underlining the need
               for progress on the political and security tracks, including by continuing the efforts
               of the 5+5 Joint Military Commission towards reunification of the Libyan military
               and security institutions,
                     Calling for Member States to implement fully the existing measures and to
               report violations to the United Nations Sanctions Committee, and recalling in that
               regard that individuals or entities engaging in, or providing support for, acts that
               threaten the peace, stability or security of Libya may be designated for targeted
               sanctions,
                     Reaffirming that all parties must comply with their obligations under
               international humanitarian law and international human rights law, as applicable, and
               emphasising the importance of holding accountable those responsible for violations



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               or abuses of human rights or violations of international humanitarian law, including
               those involved in attacks targeting civilians,
                     Stressing that the measures imposed by this resolution are not intended to have
               adverse humanitarian consequences for the civilian population of Libya, and recalling
               resolution 2664 (2022),
                    Expressing its concern that the illicit export of petroleum, including crude oil
               and refined petroleum products, from Libya undermines the Government of Libya
               and National Oil Corporation and poses a threat to the peace, security and stability of
               Libya, noting with concern the reports of the illicit import of petroleum, including
               crude oil and refined petroleum products to Libya, and emphasising the crucial role
               of the focal point appointed pursuant to resolution 2146 (2014) in safeguarding
               Libyan resources for the benefit of its people,
                     Recalling that providing support for armed groups or criminal networks thro ugh
               the illicit exploitation of crude oil or any other natural resources in Libya may
               constitute acts that threaten the peace, stability and security of Libya,
                     Further reiterating its concern about activities which could damage the integrity
               and unity of Libyan State financial institutions and the National Oil Corporation, and
               stressing the need for the unification of Libya’s institutions, and, in this regard, taking
               note of the announcement to further the unification of the Central Bank of Libya by
               its Governor and Deputy Governor on 20 August 2023,
                    Noting the Libyan Investment Authority’s (LIA) increasing cooperation with the
               Panel of Experts and calling on the LIA to continue its effort to offer an accurate
               consolidated financial statement in accordance with international standards and to
               provide financial statements of its subsidiaries,
                     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), 2420 (2018), 2473
               (2019), 2526 (2020), 2578 (2021) 2635 (2022) and 2684 (2023) 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,
                     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 Libya;
                    2.   Decides to extend until 1 February 2025 the authorisations and the
               measures in resolution 2146 (2014), as amended by paragraph 2 of resolutions 2441
               (2018) and 2509 (2020);



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                 3.    Requests the Government of Libya’s focal point responsible for
           communication with the Committee with respect to the measures in resolution 2146
           (2014) to inform the Committee of any vessels transporting petroleum, inc luding
           crude oil and refined petroleum products, illicitly exported from Libya, urges the
           Government of Libya to work closely with the National Oil Corporation in that
           regard, and to provide the Committee with regular updates 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, and requests that the Panel of Experts closely follow and report
           to the Committee any information relating to the illicit export from or illicit import
           to Libya of petroleum, including crude oil and refined petroleum products;
                 4.    Calls on the Government of Libya, 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 Libya’s focal point regarding vessels transporting
           petroleum, including crude oil and refined petroleum products, illicitly exported from
           Libya;

           Arms Embargo
                 5.    Expresses serious concern over continued violations of the arms embargo,
           demands full compliance by all Member States with the arms embargo, calls on all
           Member States not to intervene in the conflict or take measures that exacerbate the
           conflict and reiterates that individuals and entities determined by the Committee to
           have violated the provisions of resolution 1970 (2011), including the arms embargo,
           or assisted others in doing so, are subject to designation;
                6.    Reiterates paragraphs 9 (a), (b) and (c) of resolution 1970 (2011),
           paragraph 13 of resolution 2009 (2011), paragraphs 9 and 10 of resolution 2095
           (2013), and paragraph 8 of resolution 2174 (2014), which decided that the measures
           imposed by paragraph 9 of resolution 1970 (2011), no longer applied to the sale,
           supply or transfer to Libya of:
                (a) protective clothing, including flak jackets and military helmets,
           temporarily exported to Libya by United Nations personnel, representatives of the
           media and humanitarian and development works and associated personnel, for their
           personal use only;
                (b) small arms, light weapons and related materiel, temporarily exported to
           Libya for the sole use of United Nations personnel, representatives of the media and
           humanitarian and development works and associated personnel, as notified to the
           Committee in advance and in the absence of a negative decision by the Committee
           within five working days of such a notification;
                (c) non-lethal military equipment intended solely for humanitarian or
           protective use, and the provision of any related technical assistance or trai ning;
                 (d) non-lethal military equipment, and the provision of any technical
           assistance, training or financial assistance, when intended solely for security or
           disarmament assistance to the Libyan Government;
                 (e) arms and related materiel of all types, including technical assistance,
           training, financial and other assistance, as approved in advance by the Committee;
                 7.     Expresses concern about the high terrorism risk in Libya, takes note of
           efforts to reduce the risk of terrorism in Libya, and, in this regard, recalls paragraphs 3
           and 7 of resolution 2214 (2015);

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                     8.    Calls on all parties to implement the 23 October 2020 ceasefire agreement
               in full and urges Member States to respect and support the full implementation of the
               agreement, including through the withdrawal of all foreign forces, foreign fighters
               and mercenaries from Libya without further delay;
                     9.   Calls upon the Government of Libya 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, recalls paragraph 6 of resolution
               2278 (2016) and paragraph 6 of resolution 2362 (2017), and requests the Government
               of Libya, including through its focal point appointed pursuant to paragraph 6 of
               resolution 2278 (2016), as previously requested by the Committee, to provide updated
               information, relevant to the Committee’s work, on the structure of the security forces
               under its control and other relevant information listed in paragraph 6 of resolution
               2278 (2016);
                     10. Expresses its readiness to consider the sale, supply or transfer to Libya of
               military equipment, and the provision of technical assistance, training or financial
               assistance by Member States, for the reunified and joint military units, under the
               auspices of the 5+5 Joint Military Commission (JMC) and the two Chiefs of Staff,
               once their formation is complete, as an initial step in the overall reunification of
               Libya’s military and security institutions;

               Travel Ban and Asset Freeze
                     11. 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;
                     12. Reiterates that all States shall take the necessary measures to prevent entry
               into or transit through their territories of all persons designated by the Committee, i n
               accordance with paragraphs 15 and 16 of 1970, as modified by paragraphs 11 of
               resolution 2213 (2015), 11 of resolution 2362 (2017) and 11 of resolution 2441 (2018)
               and calls upon the Government of Libya to enhance cooperation and information
               sharing with other States in this regard;
                    13. Takes note of requests to de-list a number of designated individuals and
               underscores the importance of the Committee considering these requests, as
               appropriate and in line with resolution 1730 (2006);
                     14. 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 calls upon all relevant Member States to protect frozen
               assets for the future benefit of the Libyan people, including by preventing misuse and
               misappropriation of frozen assets;
                     15. Takes note of the letter circulated as document S/2016/275, and the recent
               request from the Chairman of the LIA Board of Directors regard ing the preservation
               of frozen LIA assets, acknowledges the intention of the LIA to develop an investment
               plan, affirms the Security Council’s readiness to consider changes, when appropriate,
               to the asset freeze at the request of the Government of Libya, including allowing the
               LIA, which is under a specific asset freeze measure, to reinvest frozen liquid assets
               for the purpose of preserving their value and benefiting the Libyan people at a later
               stage, taking into consideration the LIA’s investment plan, reporting and
               recommendations by the Panel of Experts, and meaningful progress made through an
               inclusive Libyan-led and Libyan-owned political process, and requests the Panel of
               Experts to provide recommendations in their final report, requested in p aragraph 18


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           of this resolution, on possible actions that could enable the reinvestment of the LIA’s
           frozen assets for the purpose of preserving their value and benefiting the Libyan
           people at a later stage;
                 16. Recalls resolution 2174 (2014) which decided that the measures set out in
           resolution 1970 (2011), as modified by subsequent resolutions, shall 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 underlines that
           such acts could include obstructing or undermining elections as planned for in the
           Libyan Political Dialogue Forum roadmap;

           Panel of Experts
                17. Decides to extend until 15 February 2025 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), 2213 (2015), 2441
           (2018), 2509 (2020) 2571 (2021) and 2644 (2022), and decides that the Panel’s
           mandated tasks shall remain as defined in resolution 2213 (2015) and shall also apply
           with respect to the measures updated in this resolution, and expresses its intent to
           review the mandate and take appropriate action regarding further extension no later
           than 15 January 2025;
                18. Decides that the Panel shall provide to the Council an interim report on its
           work no later than 15 June 2024, and a final report to the Council, after discussion
           with the Committee, no later than 15 December 2024 with its findings and
           recommendations;
                 19. Urges all States, relevant United Nations bodies, including the United
           Nations Support Mission in Libya (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), 2441 (2018), 2473
           (2019), 2509 (2020), 2526 (2020), 2571 (2021), and 2644 (2022), in particular
           incidents of non-compliance, and calls on UNSMIL and the Government of Libya to
           support Panel investigatory work inside Libya, including by sharing information,
           facilitating transit and granting access to weapons storage facilities, as appropriate;
                20. 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;
                  21. 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 th e Panel, as may
           be needed at any time in light of developments in Libya;
                22.   Decides to remain actively seized of the matter.




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