The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011 - Advisory Warning No. 4 of 2012 (30 April, 2012)

Advisory Warning No. 4 of 2012

30 April, 2012

ADVISORY WARNING

FREEZING OF ASSETS HELD BY DESIGNATED PERSONS AND ENTITIES SUBJECT TO THE LIBYA (RESTRICTIVE MEASURES) (OVERSEAS TERRITORIES) (AMENDMENT) ORDER 2011

Tortola, British Virgin Islands – 30 April, 2012 – The British Virgin Islands Financial Services Commission (the “FSC”) wishes to advise the general public, including all regulated and other persons that they are required to comply with the requirements of The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011 (the “Amendment Order”).

The Amendment Order came into force on 18 November, 2011, and was made as a result of the United Nations Security Council Resolution 2009 (2011) adopted on 16 September, 2011 (“Council Resolution 2009 (2011), which 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. 

As indicated in the Explanatory Note, the Order amends the Libya (Restrictive Measures) (Overseas Territories) Order 2011 (the “Principle Order”) to give effect to Council Resolution 2009 (2011) and Council Regulation (EU) No 965/2011 adopted by the Council of the European Union on 28 September, 2011. 

It also gives effect to a change to the humanitarian purposes exemption to the EU autonomous asset freeze, which was introduced by Council Regulation (EU) No. 572/2011 adopted by the Council of the European Union on 16 June, 2011 amending Council Regulation (EU) No 204/2011. The Order also makes minor corrections to the Principal Order. 

The measures in the Order include a prohibition on the supply or export of arms and related material and equipment that may be used for internal repression to Libya, and a prohibition on making available funds, financial assets or economic resources to designated persons and entities and the freezing of their funds, financial assets or economic resources. 

The Order is extended to the Virgin Islands by virtue of Schedules 1 and 2 of the Principle Order.

The full list of designated persons as amended by the Amendment Order is reproduced below:

Annex II to United Nations Security Council Resolution 1973 (2011)

S/RES/1973 (2011)

Asset freeze - Individuals

1. Dorda, Abu Zayd Umar  

Position: Director, External Security Organisation

2. Jabir, Major General Abu Bakr Yunis

Position: Defence Minister. Title: Major General. DOB: --/--/1952. POB: Jalo, Libya.

3. Matuq, Matuq Mohammed

Position: Secretary for Utilities. DOB: --/--/1956. POB: Khoms, Libya.

4. Qadhafi, Mohammed Muammar

Son of Col. Muammar Qadhafi. Closeness of association with Libyan regime.

DOB: --/--/1970. POB: Tripoli, Libya.

5. Qadhafi, Saadi

Commander Special Forces. Son of Col. Muammar Qadhafi. Closeness of association with Libyan regime.

Command of military units involved in repression of demonstrations.

DOB: 25/05/1973. POB: Tripoli, Libya.

6. Qadhafi, Saif al-Arab

Son of Col. Muammar Qadhafi. Closeness of association with Libyan regime.

DOB: --/--/1982. POB: Tripoli, Libya.

7. Al-Senussi, Colonel Abdullah

Position: Director Military Intelligence.

Title: Colonel. DOB: --/--/1949. POB: Sudan.

Asset freeze - Entities

1. Libyan National Oil Corporation

Under control of Col. Muammar Qadhafi and his family, and potential source of funding for his regime.