Security Council resolution 2146 (2014) [on measures imposed to vessels illicitly exporting oil from Libya]
Symbol: S/RES/2146 (2014)
Date: 2014-03-19
Status: adopted
Agenda: S/69 [219] LIBYA SITUATION
S/69 [220] UN SUPPORT MISSION IN LIBYA
Subjects: Charter of the United Nations (1945). Chapter VII|PETROLEUM|EXPORT RESTRAINTS|JURISDICTION OVER SHIPS AT SEA|LIBYA
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ARGENTINA
vote: yes
country: AUSTRALIA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: LUXEMBOURG
vote: yes
country: NIGERIA
vote: yes
country: REPUBLIC OF KOREA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: RWANDA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                      S/RES/2146 (2014)
               Security Council                                                  Distr.: General
                                                                                 19 March 2014




               Resolution 2146 (2014)
               Adopted by the Security Council at its 7142nd meeting, on
               19 March 2014

                    The Security Council,
                    Recalling its resolutions 1970 (2011) of 26 February 2011, 1973 (2011) of
               17 March 2011, 2009 (2011) of 16 September 2011, 2016 (2011) of 27 October
               2011, 2017 (2011) of 31 October 2011, 2022 (2011) of 2 December 2011, 2040 of
               12 March (2012), 2095 of 14 March (2013), and 2144 (2014), as well as the
               Statement of its President (S/PRST/2013/21) of 16 December 2013,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Libya,
                     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,
                     Underlining the primary responsibility of the Libyan authorities 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,
                    Noting the letter of 10 March 2014 from the Libyan Government to the
               President of the Security Council and expressing concern that the illicit export of
               crude oil from Libya undermines the Government of Libya and poses a threat to the
               peace, security and stability of Libya,
                     Expressing support to efforts by the Libyan government to resolve peacefully
               the disruptions of Libya’s energy exports and re-iterating that control of all facilities
               should be transferred back to the proper authorities, supporting the Libyan
               government’s intention to address border security issues, including the
               implementation of the Tripoli Action Plan, and noting the importance of the
               European Union Border Assistance Mission to Libya to strengthen Libyan border
               management,
                     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,



14-00546 (E)
*1400546*

S/RES/2146 (2014)


                    1.    Condemns attempts to illicitly export crude oil from Libya;
                    2.     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;
                     3.   Requests the Government of Libya to 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 measures in this resolution,
               and requests that the Government of Libya’s focal point inform the Committee of
               any vessels transporting crude oil illicitly exported from Libya, along with available
               and relevant information, and of any efforts made in accordance with paragraph 2;
                    4.   Directs the Committee to immediately inform all relevant Member States
               about such notifications from the Government of Libya’s focal point;
                     5.   Authorizes Member States to inspect on the high seas vessels designated
               by the Committee pursuant to paragraph 11, and authorizes Member States to use all
               measures commensurate to the specific circumstances, in full compliance with
               international humanitarian law and international human rights law, as may be
               applicable, to carry out such inspections and direct the vessel to take appropriate
               actions to return the crude oil, with the consent of and in coordination with the
               Government of Libya, to Libya;
                    6.   Requests that Member States, before taking the measures authorized in
               paragraph 5, first seek the consent of the vessel’s flag State;
                     7.    Decides that any Member State that undertakes an inspection pursuant to
               paragraph 5 shall submit promptly a report to the Committee on the inspection
               containing relevant details, including efforts made to seek the consent of the vessel’s
               flag State;
                    8.    Affirms that the authorization provided by paragraph 5 of this resolution
               applies only with respect to inspections carried out by warships and ships owned or
               operated by a State and used only on government non-commercial service;
                     9.   Further affirms that the authorization provided by paragraph 5 of this
               resolution applies only with respect to vessels that are the subject of a designation
               made by the Committee pursuant to paragraph 11 and shall not affect the rights or
               obligations or responsibilities of Member States under international law, including
               rights or obligations under the United Nations Convention on the Law of the Sea,
               including the general principle of exclusive jurisdiction of a flag state over its
               vessels on the high seas, with respect to other vessels and in any other situation, and
               underscores in particular that this resolution shall not be considered as establishing
               customary international law;
                    10. Decides to impose the following measures on vessels designated in
               accordance with paragraph 11:
                     (a) The Flag State of a vessel designated by the Committee pursuant to
               paragraph 11 shall take the necessary measures to direct the vessel not to load,
               transport, or discharge such crude oil from Libya aboard the vessel, absent direction
               from the Government of Libya focal point;
                    (b) All Member States shall take the necessary measures to prohibit vessels
               designated by the Committee pursuant to paragraph 11 from entering their ports,


2/3                                                                                                      14-00546

                                                                                                  S/RES/2146 (2014)


           unless such entry is necessary for the purpose of an inspection, in the case of
           emergency or in the case of return to Libya;
                (c) All Member States shall take the necessary measures to prohibit the
           provision by their nationals or from their territory of bunkering services, such as
           provision of fuel or supplies, or other servicing of vessels, to vessels designated by
           the Committee pursuant to paragraph 11, unless provision of such services is
           necessary for humanitarian purposes, or in the case of return to Libya; in which case
           the Member State shall notify the Committee;
                 (d) All Member States shall take the necessary measures to require their
           nationals and entities and individuals in their territory not to engage in any financial
           transactions with respect to such crude oil from Libya aboard vessels designated by
           the Committee pursuant to paragraph 11;
                11. Decides that the Committee may designate vessels for some or all of the
           measures in paragraph 10, on a case-by-case basis, for a period of ninety days,
           which may be renewed by the Committee;
                12. Decides that the Committee may decide to terminate the designation of a
           vessel at any time and may make exceptions to some or all of the measures in
           paragraph 10 as may be necessary and appropriate;
                13. Recalls the creation, pursuant to paragraph 24 of resolution 1973 (2011),
           of a Panel of Experts, under the direction of the Committee, to carry out the tasks
           provided for by that paragraph, decides that this mandate shall apply with respect to
           the measures imposed in this resolution, and directs the Panel of Experts to monitor
           implementation of the measures imposed in this resolution;
                14. Requests the Secretary-General, having due regard for the increased
           mandate of the Panel of Experts, increase the Panel to six members, and make the
           necessary financial and security arrangements to support the work of the Panel;
                 15. Decides that the authorizations provided by and the measures imposed by
           this resolution shall terminate one year from the date of the adoption of this
           resolution, unless the Council decides to extend them;
                16.   Decides to remain seized of the matter.




14-00546                                                                                                       3/3