United Nations Security Council Resolution 2644 – The situation in Libya

Resolution 2644 (2022)

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), and 2571 (2021), 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 August 2022 by resolution 2571 (2021), 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 a Libyan-led and Libyan-owned political process, facilitated by the United Nations, to create a path to hold free, fair and inclusive national Presidential and Parliamentary elections in Libya as soon as possible, and, in this regard, expressing support for the ongoing facilitation of intra-Libyan consultations to create the conditions and circumstances for elections on a constitutional and legal basis,

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,

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 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,

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, and noting with concern the reports of the illicit import of petroleum, including crude oil and refined petroleum products to Libya,

Recalling that providing support for armed groups or criminal networks through 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, calling on Member States to cease support to and official contact with parallel institutions outside of the authority of the Government 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 oceans and seas,

Further recalling resolutions 2292 (2016), 2357 (2017), 2420 (2018), 2473 (2019), 2526 (2020), 2578 (2021) and 2635 (2022) 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 a re not acting under the authority of the Government of Libya;

2. Decides to extend until 30 October 2023 the authorisations and the measures in resolution 2146 (2014), as amended by paragraph 2 of resolutions 2441 (2018) and 2509 (2020);

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, including 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 concernedvessel’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. Calls on all parties to implement the 23 October 2020 ceasefire agreement (S/2020/1043) in full and urges Member States to respect and support the full implementation of the agreement, including through the withdrawal of all foreign forces and mercenaries from Libya without further delay;

7. 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;

Travel Ban and Asset Freeze

8. 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;

9. 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, in 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;

10. Reaffirms its intention to ensure that assets frozen pursuant to paragraph 17of 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 Libya;

11. 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

12. Decides to extend until 15 November 2023 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) and 2571 (2021), decides that the Panel’s mandated tasks shallremain 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 October 2023;

13. Decides that the Panel shall provide to the Council an interim report on its work no later than 15 March 2023, and a final report to the Council, after discussion with the Committee, no later than 15 September 2023 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), 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) and 2571 (2021), 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;

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, suspension 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.

Adopted by the Security Council at its 9092nd meeting, on 13 July 2022.