Statutory Instruments
2012 No. 356
Overseas Territories
The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012
Made
15th February 2012
Laid before Parliament
16th February 2012
Coming into force
17th February 2012
At the Court at Buckingham Palace, the 15th day of February 2012
Present,
The Queen’s Most Excellent Majesty in Council
Under article 41 of the Charter of the United Nations, the Security Council of the United Nations has, by resolution 2009 (2011)(1) adopted on 16th September 2011, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to decisions of that Council in relation to Libya.
Her Majesty, by virtue and in exercise of the powers vested in Her by section 1 of the United Nations Act 1946(2) and section 112 of the Saint Helena Act 1833(3), the British Settlements Acts 1887 and 1945(4) and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order as follows—
Citation, commencement and extentU.K.
1. This Order may be cited as the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012 and shall come into force on 17th February 2012.
Commencement Information
I1Art. 1 in force at 17.2.2012, see art. 1
2. In this Order, “the principal Order” means the Libya (Restrictive Measures) (Overseas Territories) Order 2011(5).
Commencement Information
I2Art. 2 in force at 17.2.2012, see art. 1
3. This Order shall extend to the territories listed in Schedule 1 of the principal Order.
Commencement Information
I3Art. 3 in force at 17.2.2012, see art. 1
Amendments to the principal OrderU.K.
4. Article 2(1) of the principal Order is amended as follows—
(a)in the definition of “designated person”, for the words “and Zueitina Oil Company and excluding the persons referred to in paragraph 15 of Security Council resolution 2009 (2011)” substitute the words “, Zueitina Oil Company, the Central Bank of Libya, the Libyan Arab Foreign Bank, the Libyan Investment Authority and the Libyan Africa Investment Portfolio”; and
(b)for the definition of “person referred to in paragraph 15 of Security Council resolution 2009 (2011)” substitute—
““person referred to in paragraph 15 of Security Council resolution 2009 (2011)” means the Libyan Investment Authority or the Libyan Africa Investment Portfolio or both;”.
Commencement Information
I4Art. 4 in force at 17.2.2012, see art. 1
Richard Tilbrook
Clerk of the Privy Council
EXPLANATORY NOTE
(This note is not part of the Order)
The Order amends the Libya (Restrictive Measures) (Overseas Territories) Order 2011 (as amended previously by the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011) to give effect to a decision of the UN Sanctions Committee of 16th December 2011 to remove the Central Bank of Libya and the Libyan Arab Foreign Bank from the scope of the partial asset freeze imposed in UNSCR 2009 (2011), and to reflect Council Regulation (EU) No 1360/2011 adopted by the Council of the European Union on 20th December 2011 giving effect to that decision in the EU.
Article 4 changes the definitions of “designated person” and “person referred to in paragraph 15 of Security Council resolution 2009 (2011)” in article 2(1) of the principal Order, in order to remove the Central Bank of Libya and the Libyan Arab Foreign Bank from the scope of the partial asset freeze.