§ 570.201 Prohibited transactions. ( a ) All property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any U.S. person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: ( 1 ) *Government of Libya.* The Government of Libya, its agencies, instrumentalities, and controlled entities, and the Central Bank of Libya;
( 2 ) *E.O. 13566 Annex.* The persons listed in the Annex to E.O. 13566 of February 25, 2011;
( 3 ) *E.O. 13566.* Any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: ( i ) To be a senior official of the Government of Libya;
( ii ) To be a child of Colonel Muammar Qadhafi;
( iii ) To be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have participated in, the commission of human rights abuses related to political repression in Libya;
( iv ) To have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of the activities described in paragraph (a)(3)(iii) of this section or any person whose property and interests in property are blocked pursuant to paragraph (a)(1) or (2) of this section, or this paragraph (a)(3);
( v ) To be owned or controlled by, or to have acted or purported to act for or on behalf of, any person whose property and interests in property are blocked pursuant to paragraph (a)(1) or (2) of this section, or this paragraph (a)(3); or
( vi ) To be a spouse or dependent child of any person whose property and interests in property are blocked pursuant to paragraph (a)(1) or (2) of this section, or this paragraph (a)(3);
( 4 ) *E.O. 13726.* Any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: ( i ) To be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following: ( A ) Actions or policies that threaten the peace, security, or stability of Libya, including through the supply of arms or related materiel;
( B ) Actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the adoption of or political transition to a Government of National Accord or a successor government;
( C ) Actions that may lead to or result in the misappropriation of state assets of Libya; or
( D ) Threatening or coercing Libyan state financial institutions or the Libyan National Oil Company;
( ii ) To be planning, directing, or committing, or to have planned, directed, or committed, attacks against any Libyan state facility or installation (including oil facilities), against any air, land, or sea port in Libya, or against any foreign mission in Libya;
( iii ) To be involved in, or to have been involved in, the targeting of civilians through the commission of acts of violence, abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law;
( iv ) To be involved in, or to have been involved in, the illicit exploitation of crude oil or any other natural resources in Libya, including the illicit production, refining, brokering, sale, purchase, or export of Libyan oil;
( v ) To be a leader of an entity that has, or whose members have, engaged in any activity described in paragraphs (a)(4)(i) through (iv) of this section;
( vi ) To have materially assisted, sponsored, or provided financial, material, logistical, or technological support for, or goods or services in support of any of the activities described in paragraphs (a)(4)(i) through (iv) of this section or any person whose property and interests in property are blocked pursuant to this paragraph (a)(4); or
( vii ) To be owned or controlled by, or to have acted or purported to act for or on behalf of, any person whose property and interests in property are blocked pursuant to this paragraph (a)(4).
( b ) The prohibitions in paragraph (a) of this section include prohibitions on the following transactions: ( 1 ) The making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to paragraph (a) of this section; and
( 2 ) The receipt of any contribution or provision of funds, goods, or services from any person whose property and interests in property are blocked pursuant to paragraph (a) of this section.
( c ) Unless authorized by this part or by a specific license expressly referring to this part, any dealing in securities (or evidence thereof) held within the possession or control of a U.S. person and either registered or inscribed in the name of, or known to be held for the benefit of, or issued by, any person whose property and interests in property are blocked pursuant to paragraph (a) of this section is prohibited. This prohibition includes the transfer (including the transfer on the books of any issuer or agent thereof), disposition, transportation, importation, exportation, or withdrawal of, or the endorsement or guaranty of signatures on, any securities on or after the effective date. This prohibition applies irrespective of the fact that at any time (whether prior to, on, or subsequent to the effective date) the registered or inscribed owner of any such securities may have or might appear to have assigned, transferred, or otherwise disposed of the securities.
( d ) The prohibitions in paragraph (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior to the effective date.
( e ) All transactions prohibited pursuant to any Executive order issued after April 19, 2016 pursuant to the national emergency declared in E.O. 13566 of February 25, 2011 are prohibited pursuant to this part.
Note 1 to § 570.201 :
The names of persons designated or identified as blocked pursuant to E.O. 13566, E.O. 13726, or any further Executive orders issued pursuant to the national emergency declared therein, whose property and interests in property therefore are blocked pursuant to this section, are published in the Federal Register and incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) using the identifier for E.O. 13566: “[LIBYA2]”; for E.O. 13726: “[LIBYA3]”; and for any further Executive orders issued pursuant to the national emergency declared in E.O. 13566: using the identifier formulation “[LIBYA-E.O.[E.O. number pursuant to which the person's property and interests in property are blocked]].” The SDN List is accessible through the following page on OFAC's website: *www.treasury.gov/sdn .* Additional information pertaining to the SDN List can be found in appendix A to this chapter. See § 570.411 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked pursuant to this section. The property and interests in property of persons who meet the definition of the term Government of Libya and are blocked pursuant to paragraph (a) of this section are blocked regardless of whether the names of such persons are published in the Federal Register or incorporated into the SDN List.
Note 2 to § 570.201 :
The International Emergency Economic Powers Act (50 U.S.C. 1701 *et seq.*), in section 203 (50 U.S.C. 1702), authorizes the blocking of property and interests in property of a person during the pendency of an investigation. Except as described in note 3 to this section, the names of persons whose property and interests in property are blocked pending investigation pursuant to this section may be published in the Federal Register and incorporated into the SDN List using the following identifiers: for E.O. 13566: “[BPI-LIBYA2]”; for E.O. 13726: “[BPI-LIBYA3]”; and for any further Executive orders issued pursuant to the national emergency declared in E.O. 13566: “[BPI-LIBYA-E.O.[E.O. number pursuant to which the person's property and interests in property are blocked pending investigation]].”
Note 3 to § 570.201 :
In certain cases, OFAC may issue an order to: identify as blocked specific property or interests in property of a person designated or otherwise blocked pursuant to this section; block specific property or interests in property of a person pending investigation; or block or impose other prohibitions with respect to specific property or interests in property less than full blocking sanctions. Notice of such orders will be provided: by publication in the Federal Register; in writing to persons OFAC may assess to have an interest in the property; or by issuing an order or directive in writing to financial institutions or other transaction intermediaries, and requiring the recipient of the order or directive to promptly disclose it to affected persons with whom the recipient maintains direct commercial relationships. Inquiries regarding any such order should be directed to OFAC's Compliance Division at 202-622-2490 or *https://ofac.treasury.gov/contact-ofac .*
Note 4 to § 570.201 :
Subpart E of part 501 of this chapter describes the procedures to be followed for the release of property and interests in property blocked pursuant to this section, including funds blocked due to mistaken identity or typographical or similar errors, and for administrative reconsideration of one's status as a person whose property and interests in property are blocked pursuant to paragraph (a) of this section.
[87 FR 59678, Oct. 3, 2022, as amended at 89 FR 75963, Sept. 17, 2024]