Notice

NTI 2948: Libya import sanctions

Published 1 July 2021

Libya import sanctions

This notice provides an overview of the import prohibitions in force on certain goods imported into the UK, including Northern Ireland, that have originated or are consigned from Libya. It also sets out the licensing process for traders looking to import goods subject to prohibitions.

This notice should be read alongside the statutory guidance published by the Foreign, Commonwealth and Development Office (FCDO). This notice has no legal effect, and in case of conflict with the statutory guidance published by the FCDO, the statutory guidance will prevail.

Background

1) The Libya (Sanctions) (EU Exit) Regulations 2020 came into force on 1 January 2021 and have replaced, with substantially the same effect, relevant existing EU legislation, corresponding prohibitions in the Open General Import Licence (OGIL) and related UK regulations.

2) The Regulations impose financial, trade, transport and immigration sanctions for the purpose of giving effect to the United Kingdom’s obligations under United Nations Security Council Resolutions including:

• 1970 (2011)
• 1973 (2011)
• 2009 (2011)
• 2095 (2013)
• 2174 (2014)
• 2213 (2015)
• 2362 (2017)
• 2441 (2018)
• 2146 (2014) (‘UNSCR 1970’, UNSCR 1973’, ‘UNSCR 2146’)
  • and the additional statutory purposes set out in the regulations

3) This sanctions regime is aimed at promoting respect for human rights in Libya, promoting the peace, stability and security of Libya, promoting the successful completion of Libya’s political transition, and preventing migrant smuggling and human trafficking in relation to Libya.

Import prohibitions

4) There is one import prohibition specified in the Libya Sanctions Regulations that is set out below:

Regulation 24

Prohibits the import of arms and related material and internal repression goods which are consigned from or originate in Libya. This means that even if the immediate place the goods were shipped from was not Libya, the prohibition may still apply.

Exceptions

5) Part 8 of the regulations also sets out exceptions to some of the import prohibitions which apply within certain defined circumstances. An exception applies automatically and does not require you to obtain a licence issued in accordance with the Regulations. There is one exception specified in the Libya Sanctions Regulations that is set out below:

Regulation 47

The prohibitions mentioned above do not apply if the act is one which a “responsible officer” (for example, a government or agency official) has determined would be in the interests of:

• national security, or
• the prevention or detection of serious crime in the United Kingdom or elsewhere

Trade sanction licences

6) A licence is a written authorisation that permits an otherwise prohibited activity. DIT’s Import Licensing Branch (ILB) is responsible for administering the licensing provisions on behalf of the Secretary of State for all trade sanction licence applications from importers.

7) Whilst there are no licensing grounds on which to apply for a licence in relation to import of the goods mentioned in Regulation 24, under Regulation 49, the Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

8) In line with the requirements of the Northern Ireland Protocol, licences are not required for imports or exports of non-military goods covered by sanctions between Northern Ireland and EU Member States. Licences will however be required from the relevant EU Member State to move items to or from the sanctioned country. You will also have to comply with any other licensing requirements under UK import or export control legislation as applicable.

Enforcement of trade sanctions

9) The Customs and Excise Management Act 1979 (CEMA) makes it a criminal offence to contravene the trade sanctions. Some breaches of the import sanctions prohibitions are triable either way and carry a maximum sentence on indictment of 7 years’ imprisonment or a fine (or both). Under section 66 of the Libya (Sanctions) (EU Exit) Regulations 2020, the maximum sentence has been modified to 10 years’ imprisonment. Any breach of the trade licensing provisions or information requirements in connection with general trade licences is also triable either way and carries a maximum sentence on indictment of 2 years’ imprisonment or a fine (or both). Please refer to part 4 of the CEMA for full details.

10) HM Revenue and Customs (HMRC) is responsible for enforcing the licensing restrictions and investigating suspected offences.

11) If you discover that you have breached any of the trade prohibitions or licensing provisions, you should report the irregularity to HMRC (sometimes known as ‘voluntary disclosure’) as soon as possible.

Enquiries

For further information on the import controls, contact importcontrols@trade.gov.uk.

For information on export controls:

• contact the Export Control Joint Unit (ECJU) on 020 7215 4594
• email exportcontrol.help@trade.gov.uk
• subscribe to the ECJU’s notices to exporters

For specific queries on export-related trade sanctions, contact tradesanctions@trade.gov.uk.

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This document is for information purposes only and has no force in law. Please note that where legal advice is required, importers should make their own arrangements.