Circular on United Nations Sanctions (Libya) Regulation 2019; and United Nations Sanctions (Libya) Regulation 2011 (Repeal) Regulation

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Ref. : TRA CR 1006/1

29 March 2019

This is to announce for general information that on 29 March 2019 the Government gazetted the United Nations Sanctions (Libya) Regulation 2019 ("the Regulation") (L.N. 53 of 2019) and the United Nations Sanctions (Libya) Regulation 2011 (Repeal) Regulation ("the Repeal Regulation") (L.N. 54 of 2019).

2.Made under section 3 of the United Nations Sanctions Ordinance (Cap. 537), the Regulation implements all sanctions and exemptions imposed by the United Nations Security Council (UNSC) on Libya, including those extended by UNSC Resolution 2441, using modernised provisions to improve tidiness and readability of the legislation. Consequential to the making of the Regulation, the Repeal Regulation repeals the United Nations Sanctions (Libya) Regulation 2011.

3.The sanctions implemented under the Regulation include:

• prohibition against the supply and carriage of arms or related materiel to Libya or connected persons;
• prohibition against the loading, transport or discharge of petroleum from Libya aboard certain ships until midnight on February 15, 2020;
• prohibition against the provision to connected persons of any assistance related to military activities or the provision, maintenance or use of any arms or related materiel;
• prohibition against the procurement of arms or related materiel from Libya or connected persons;
• prohibition against making available economic assets to certain persons or entities, or dealing with economic assets of such persons or entities;
• prohibition against the engagement in any financial transactions related to petroleum from Libya aboard certain ships until midnight on February 15, 2020;
• prohibition against the entry into or transit through the Hong Kong Special Administrative Region (HKSAR) by certain persons;
• prohibition against the provision of certain services to certain ships until midnight on February 15, 2020;
• prohibition against the entry into the HKSAR by certain ships until midnight on February 15, 2020; and
• prohibition against the taking off from, landing in and flying in the HKSAR of certain aircraft.

4.An English version and a Chinese version of the UNSC documents relating to the Regulation and the Repeal Regulation are available at the Information Counter on 1/F, Trade and Industry Tower for public inspection. These documents can also be found at UN website http://www.un.org.

5.Contravention to the prohibitions imposed by the Regulation attracts substantial penalties which may amount in some cases to imprisonment for 7 years and/or a fine.

6.This circular is NOT a statement of the Laws of Hong Kong and has NO legal status. Anyone interested in the Regulation and the Repeal Regulation should refer to the Government Gazette for details. The prohibitions in the Regulation will apply to any person and company/registered business irrespective of and notwithstanding the possession of valid licences issued by the Director-General of Trade and Industry under the Import and Export Ordinance (Cap. 60) and its subsidiary legislation and other Enactments.

7.Enquiries concerning this circular can be directed to the undersigned at tel. no. 2398 5490.

Yours faithfully,

(Miss Samantha CHENG)
for Director-General of Trade and Industry

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Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.