Security Council Resolution 2146 (2014) [on Measures Imposed to Vessels Illicitly Exporting Oil From Libya]

S/RES/2146 (2014)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 219 The situation in Libya, published in 2014.

What subjects does this mandate have?

4 subjects

Export Restraints Jurisdiction over Ships at Sea Libya Petroleum

What’s in this document?

20 operative paragraphs

Condemns attempts to illicitly export crude oil from Libya;

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;

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;

Directs the Committee to immediately inform all relevant Member States about such notifications from the Government of Libya’s focal point;

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;

Requests that Member States, before taking the measures authorized in paragraph 5, first seek the consent of the vessel’s flag State;

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;

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;

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;

Decides to impose the following measures on vessels designated in accordance with paragraph 11:

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;

All Member States shall take the necessary measures to prohibit vessels designated by the Committee pursuant to paragraph 11 from entering their ports, unless such entry is necessary for the purpose of an inspection, in the case of emergency or in the case of return to Libya;

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;

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;

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;

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;

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;

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;

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;

Decides to remain seized of the matter.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

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