Statutory guidance

Libya sanctions: statutory guidance

Updated 25 March 2026

Introduction

This guidance is about the financial, director disqualification, trade, transport and immigration sanctions imposed by The Libya (Sanctions) (EU Exit) Regulations 2020 (‘the Regulations’).

About the Regulations

The Regulations impose sanctions both for the purpose of giving effect to the United Kingdom’s obligations under United Nations Security Council Resolutions including:

• UNSCR 1970 (2011)
• UNSCR 1973 (2011)
• UNSCR 2146 (2014)

and the additional statutory purposes set out in the Regulations. As a whole, 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.

For more details see regulation 4: Purposes.

The legislation.gov.uk webpage tells you if the Regulations are up to date or if there are outstanding amendments. You can also view previous versions using the timeline and a list of the legislation that has affected the regulations.

About this guidance

As required by section 43 of the Sanctions and Anti-Money Laundering Act 2018 (‘the Sanctions Act’), the Secretary of State for Foreign, Commonwealth and Development Affairs has provided this guidance to support compliance with the Regulations.

This guidance is designed to give an overview of the prohibitions and requirements, the enforcement of these, and the circumstances in which exceptions and licences may be used. Where appropriate, it directs you to further detailed guidance to read alongside. See all updates to check this guidance is current.

1. Prohibitions and requirements

Sanctions regulations apply to: 

• any individual, business or organisation undertaking activities anywhere in the UK (including the territorial sea)
• any business or organisation incorporated or constituted under the law of any part of the UK undertaking activities anywhere in the world
• any UK national, wherever they are in the world

For full details see section 21 of the Sanctions Act. 

The maritime enforcement powers contained in Part 11 of the Regulations apply in relation to British ships in international or foreign waters, ships without nationality in international waters and foreign ships in international waters.

It is prohibited to intentionally participate in any activities if you know that the object or effect of them is directly or indirectly to circumvent the prohibitions imposed by the Regulations or to enable or facilitate a breach of those prohibitions.

If you are unclear about any aspects of the Regulations, in particular about whether action you are considering taking could breach the Regulations, you are advised to seek independent legal advice.

1.1 Designation of persons

Designation of persons provisions are contained in Part 2 of the Regulations.

The Regulations provide that the Secretary of State may designate persons for the purposes of financial and/or immigration sanctions if they are, or have been, involved in a relevant activity (as defined in regulation 6).

The Regulations also provide that each person for the time being named by the United Nations Security Council or Sanctions Committee for the purposes of paragraph 17 of UNSCR 1970, or paragraph 19 of UNSCR 1973, is a designated person for the purposes of the asset freeze.

They further provide that the Libyan Investment Authority and Libyan Africa Investment Portfolio are designated persons for the purposes of the partial asset freeze.

Persons subject to a travel ban under UNSCR 1970 are dealt with under UK immigration regulations. For further information, see Immigration sanctions.

The UK Sanctions List contains the names of all designated persons (DPs) and the sanctions that have been imposed on them. Checking the UK Sanctions List is an essential part of due diligence for many firms and other organisations.

1.2 Financial sanctions

Financial sanctions provisions are contained in Part 3 of the Regulations.

Asset freeze and making available provisions

The Regulations impose financial sanctions through a targeted asset freeze on designated persons and prohibitions on making funds or economic resources available. This involves the freezing of funds and economic resources (non-monetary assets, such as property or vehicles) of designated persons and ensuring that funds and economic resources are not made available to or for the benefit of designated persons, either directly or indirectly.

These prohibitions also apply in relation to entities owned or controlled by a designated person.

If you find out that a person or organisation you are dealing with is subject to the financial sanctions detailed in the Regulations, you must immediately:

• stop dealing with them
• freeze any assets you are holding for them
• inform OFSI as soon as possible

In addition, the Regulations impose a partial asset freeze in respect of two Libyan entities, prohibiting persons (including the entities) from dealing with ‘relevant funds or economic resources’, being those owned, held or controlled by those entities and located outside of Libya immediately before 17 September 2011, and certain other related funds. More information on this prohibition can be found in the accompanying Libya financial sanctions guidance.

The Regulations prohibit persons entering into any financial transactions relating to Libyan oil aboard a UN designated ship. This includes the purchase, or sale, or use as credit and the taking out of transport insurance in respect of it.

The Office of Financial Sanctions Implementation (OFSI) is the authority responsible for implementing the UK’s financial sanctions on behalf of HM Treasury. OFSI helps to ensure that financial sanctions are properly understood, implemented and enforced in the UK. See more about how OFSI implements financial sanctions.

1.3 Director disqualification sanctions  

Director disqualification provisions are contained in Part 3A of the Regulations.

Persons designated under regulation 5 for the purpose of director disqualification sanctions under regulation 21A are disqualified from:

• being a director of a UK company
• directly or indirectly taking part in or being concerned in the promotion, formation or management of a UK company
• being a director of a foreign company that has sufficient connection to the UK, even if it is not registered, for example, if it carries out business or has assets in the UK

under the provisions of:

• section 11A of the Company Directors Disqualification Act 1986 (CDDA)
• Article 15A of the Company Directors Disqualification (Northern Ireland) Order 2002 (CDD(NI)O)

Companies House and the Department for the Economy (Northern Ireland) are responsible for recording information about director disqualification sanctions in their respective Disqualified Director Registers. Companies House is responsible for annotating the Companies Register and preventing registration of a disqualified director’s appointments.

See more information about director disqualification sanctions.

1.4 Trade sanctions

Trade sanctions provisions are contained in Part 5 of the Regulations.

The Regulations impose trade prohibitions relating to:

• military goods and military technology (as specified in Schedule 2 to the Export Control Order 2008)
• any thing which falls within Chapter 93 of the Goods Classification Table^{[footnote 1]}, other than military goods
• internal repression goods and technology (as specified in Schedule 2 to the Regulations)
• goods which could be used for migrant smuggling and human trafficking (as specified in Schedule 3 to the Regulations)
• the provision of technical assistance, armed personnel, financial services or funds or associated brokering services, where such provision enables or facilitates the conduct of armed hostilities in Libya
• causing or permitting a UN designated ship to transport Libyan oil or have Libyan oil loaded onto the ship or have it discharged from the ship
• the provision of bunkering or ship supply services in relation to UN designated ships

There are circumstances (set out in the relevant lists of controlled items) in which certain items are not controlled, for example when body armour or a helmet is accompanying a person for that person’s own protection. Please check the relevant lists as applicable.

A number of goods subject to prohibitions in the Regulations (such as goods which could be used for migrant smuggling and human trafficking) are identified by reference to commodity codes in the Goods Classification Table. The UK Tariff sets out a system for the classification of goods to enable importers to ascertain the applicable rate of import duty for their goods. It is this system of classification that is used in the Regulations in order to determine whether goods are within scope of the prohibitions.

This means that where commodity codes are used in the Regulations, the relevant goods are those which would be classified under the relevant commodity code (applying the rules in the UK Tariff) if the goods were being imported to the UK.

Some of the listings of commodity codes in the Regulations have an ‘ex’ before the code. Where this ‘ex’ appears before a commodity code this means that the prohibitions in the Regulations do not apply to all of the items under that commodity code. The prohibitions will only apply to those items that (1) would be classified under the commodity code and (2) that match the description given next to the relevant ‘ex’ code entry in the Regulations.

Further detail on these trade prohibitions, including key terminology used, is explained below. The Regulations contain full definitions of all terms.

Export of goods

The concept of ‘export’ is set out in customs legislation, but is further detailed in Paragraph 32 of Schedule 1 to the Sanctions Act, which clarifies that ‘export’ means export from the UK, but does not capture where goods are removed to the Isle of Man from the UK.

The export prohibition in the Regulations covers exports to Libya as well as exports that are for use in Libya. This means that, even if the immediate destination is not Libya, the prohibition may still apply. Exporters should check the ultimate end use of goods and may apply for a licence or contact the Export Control Joint Unit (ECJU) if you think the items may be used in Libya.

A sanctions licence is not required for exports of non-military goods covered by the Regulations from Northern Ireland to an EU Member State where the final destination is Libya. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the onward export to Libya. You will also have to comply with any other licensing requirements under UK export control legislation as applicable.

Import of goods

The concept of ‘import’ is set out in customs legislation, but is further detailed in Paragraph 33 of Schedule 1 to the Sanctions Act. This clarifies in particular that goods removed to the UK from the Isle of Man are not to be regarded as imported. Paragraph 34 details limited exceptions to this.

The import prohibition covers imports that are consigned from Libya and goods that originated in Libya. This means that even if the immediate place the goods were shipped from was not Libya, the prohibition may still apply. Therefore, importers should check the original place goods were consigned from and apply for a licence or contact DBT’s Import Controls Team if they think the items may have originated in or have been consigned from Libya.

A sanctions licence is not required for imports of non-military goods covered by the Regulations from an EU Member State which originate in or are consigned from Libya. You will however have to comply with any licensing requirements that apply in the relevant EU Member State for the original import into the customs territory of the EU. You will also have to comply with any other licensing requirements under UK import control legislation as applicable.

Supply and delivery of goods

Supply and delivery prohibitions in the Regulations prohibit a person from directly or indirectly supplying or delivering goods from a third country to a place in Libya. Regulation 25(4) specifies that a third country is a country that is not the UK, Isle of Man or Libya.

Acquiring or making goods and technology available

Prohibitions in the Regulations on directly or indirectly making restricted goods or technology available (e.g. through a sale) include making them available for use in Libya or to a ‘person connected with’ Libya. Prohibitions in the Regulations on acquiring restricted goods or technology include acquiring such goods or technology from a ‘person connected with’ Libya or where such goods or technology originate in or are located in Libya. Regulation 32(5) sets out when a person is to be regarded as ‘connected with’ Libya (and this applies where the term is used in other trade prohibitions in this Part of the Regulations).

Transfer of technology

Prohibitions in the Regulations on the transfer of restricted technology include transfer to a place in Libya or a person ‘connected with’ Libya.

The term ‘transfer’ is defined in Paragraph 37 of Schedule 1 to the Sanctions Act, which states that it ‘means a transfer by any means (or combination of means), including oral communication and that transfer of goods on which the technology is recorded or from which it can be derived, other than the export of such goods.’

Where military or internal repression technology is contained within a good, it would be classified as a military or internal repression good under the accompanying goods-related provisions. This includes information contained on USB memory devices, laptops, tablets and the like.

Technical assistance

The term technical assistance in relation to goods or technology is defined in Regulation 32, which states that it means:

• technical support relating to the repair, development, production, assembly, testing, use or maintenance of the goods or technology, or
• any other technical service relating to the goods or technology

Prohibitions apply where the technical assistance relates to certain specified goods or technology.

The prohibitions apply to the direct or indirect provision of such technical assistance (1) to persons connected with Libya or (2) for use in Libya.

This means that, even if the person to whom you are providing the relevant technical assistance is not in or ‘connected with’ Libya, the prohibition may still apply if the goods or technology to which the technical assistance relates are for use in Libya. Therefore, if you are providing technical assistance you should check whether the goods or technology may be used in Libya and apply for a licence or contact ECJU.

Financial services and funds related to goods and technology

‘Financial services’ refers to any services of a financial nature in many different forms including insurance and banking. Financial services include payment and money transmission services. The full definition of ‘financial services’ can be found in Section 61 of the Sanctions Act.

‘Funds’ means financial assets and benefits of every kind, including cash, securities and interest. The full definition of ‘funds’ can be found in Section 60 of the Sanctions Act.

Trade sanctions prohibitions on the provision of financial services and funds apply where they relate to certain specified goods or technology.

The prohibitions in the Regulations apply to the direct or indirect provision of financial services, and the direct or indirect making available of funds, to persons connected with Libya in pursuance of or in connection with an arrangement set out in Regulation 29(1). This captures arrangements related to the goods or technology controlled by the Regulations, for example, an arrangement for the export of goods or the direct or indirect supply or delivery of goods.

These prohibitions also prohibit the direct or indirect provision of financial services or funds to anyone, where this is in pursuance of or in connection with specific arrangements as set out in regulation 29(3). This captures arrangements for which the object or effect falls into one of the prohibitions, for example an arrangement for the export of goods to or for use in Libya.

Brokering services

The definition of ‘brokering services’ is set out in regulation 32, which states that it means any service to secure, or otherwise in relation to, an arrangement, including (but not limited to):

• the selection or introduction of persons as parties or potential parties to the arrangement
• the negotiation of the arrangement
• the facilitation of anything that enables the arrangement to be entered into, and
• the provision of any assistance that in any way promotes or facilitates the arrangement

The Regulations prohibit the direct or indirect provision of brokering services where they relate to specific arrangements. Those arrangements are set out in regulation 30.

Other trade restrictions

Certain services and arrangements are prohibited in the Regulations. These include the provision of certain services in relation to ships, the direct or indirect provision of services where such provision enables or facilitates the conduct of armed hostilities in Libya, and the transportation of Libyan oil in relation to UN designated ships.

As set out in Regulation 31, the direct or indirect provision of the following services is prohibited where such provision enables or facilities the conduct of armed hostilities in Libya:

a) technical assistance (which for these purposes is defined in regulation 31(4))

b) armed personnel

c) financial services or funds, or

d) brokering services in relation to an arrangement whose object or effect is to provide, in a non-UK country any of the services mentioned in paragraphs (a) to (c)

The provision on transporting Libyan oil prohibits a person from causing or permitting a designated ship to transport Libyan oil or to have Libyan oil loaded onto or discharged from it. A ‘designated ship’ for these purposes is defined at regulation 35(4) as meaning a ship designated by the UN Security Council Sanctions Committee on Libya (‘UN Committee’), for the purpose of paragraph 10(a) of Resolution 2146.

Provisions on bunkering or ship supply services are set out in regulation 37 and prohibit the provision of such services to ships designated, by the UN Committee, for the purpose of paragraph 10(c) of Resolution 2146. The definition of ‘bunkering or ship supply services’ is set out in Regulation 37(4).

Trade sanctions enquiries

The Department for Business and Trade (DBT) leads on trade sanctions. For help with export controls or trade sanctions, contact the Export Control Joint Unit, part of DBT, on: exportcontrol.help@businessandtrade.gov.uk or tradesanctions@businessandtrade.gov.uk 

Helpline: +44 (0)20 7215 4594

For further information on import controls and sanctions, contact DBT’s Import Controls and Sanctions team on: importsanctions@businessandtrade.gov.uk

1.5 Transport sanctions

Transport sanctions provisions are contained in Parts 6 and 7 of the Regulations and impose transport prohibitions relating to shipping and aircraft in UK waters and airspace.

Shipping sanctions

It is prohibited to provide access to a UK port for a ship designated by the UN.

Furthermore, the master or pilot of such a ship must not cause or permit the ship to enter any UK port.

Aircraft sanctions

The operator or pilot in command of an aircraft must not cause or permit the aircraft to take off, overfly or land in the UK where an aircraft is being used to transport military goods, or armed personnel (or both), to any place in Libya (directly or indirectly).

Additionally, it is prohibited for an airport operator to allow such an aircraft to land or take off from an airport or for air traffic control to allow such an aircraft to enter UK airspace or overfly the UK. Airport operators have a power to refuse permission to such and aircraft landing at their airport. Air traffic control has the power to require such an aircraft to leave UK airspace.

The Department for Transport (DfT) is responsible for implementing the UK’s transport sanctions. See more guidance from DfT. 

For guidance on mandatory reporting to DfT, see Information and record keeping.

1.6 Immigration sanctions

Immigration sanctions provisions are contained in Part 4 of the Regulations.

The effect of the Regulations is to impose a travel ban on persons who are designated by the Secretary of State for the purposes of being made subject to immigration sanctions under the Sanctions Act. Such persons are excluded persons for the purposes of section 8B of the Immigration Act 1971.

Persons who are subject to existing designations by the UN Security Council or its Sanctions Committee under UNSCR 1970 for travel ban purposes are not additionally designated under the Regulations as they are already excluded persons for the purposes of section 8B of the Immigration Act 1971.

Individuals designated under either the Regulations or UNSCR 1970 will be refused leave to enter or remain in the UK. Any applications they make for a visa to travel to the UK, including for transit purposes, will be refused. Any foreign national who is subject to a travel ban under the Regulations or UNSCR 1970, and who is currently in the UK, will have their permission to stay in the UK cancelled and steps will be taken to remove them from the UK.

If you are the subject of an immigration sanction and try to travel to the UK, carriers are required to deny you boarding.

See more information on how the Home Office deals with those who are subject to a travel ban.

1.7 Information and record keeping

Information and record-keeping provisions, including financial sanctions reporting obligations, are contained in Part 9 of the Regulations.

Financial sanctions reporting obligations and information requests

For the purpose of the financial sanctions, the Regulations place obligations on relevant firms to report information to HM Treasury (in practice to the Office of Financial Sanctions Implementation (OFSI), part of HM Treasury) about known or suspected designated persons or about persons who may have breached a prohibition or failed to comply with an obligation under specified provisions of the Regulations.

OFSI has powers to request information from, among others, a designated person, including powers to request the production of documents. It is an offence to fail to comply with these requests or provide false information.

If you are unclear about your obligations or responsibilities, you are advised to seek independent legal advice.

See more guidance about OFSI’s reporting obligations.

Trade and transport sanctions reporting obligations and information requests

The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) (TASSCER) Regulations (2024) place obligations on:

• relevant persons (providers of financial or legal services, or money service businesses, for example) in relation to suspected breaches of certain trade sanctions 
• relevant persons (a pilot, airport operator, ship’s master or harbour authority, for example) in relation to suspected breaches of aircraft and shipping sanctions

For details see:

• Trade sanctions: reporting obligations
• Transport sanctions: reporting obligations

The Regulations establish powers to request information in relation to the trade and transport sanctions and record-keeping responsibilities for licences. It is an offence to fail to comply with any of these requirements or intentionally obstruct an official in the exercise of these powers.

See more details about information you must provide:

• in response to a trade sanctions information request
• in response to a transport sanctions information request

If you are unclear about your obligations or responsibilities, you are advised to seek independent legal advice.

2. Enforcement

Enforcement provisions are contained in Part 10 of the Regulations.

It is a criminal offence to breach sanctions, or to enable or facilitate a breach of, or to circumvent sanctions. The Regulations set out the mode of trial and penalties that apply to such offences.

In some cases, offences are contained in other legislation, such as the Customs and Excise Management Act 1979 (CEMA), or in the regulations made under the Sanctions Act that apply across regimes, such as the TASSCER regulations.

2.1 Financial sanctions enforcement

A breach of the main financial prohibitions or licensing provisions in the Regulations is an offence that is triable either way and carries a maximum sentence on conviction on indictment of 7 years’ imprisonment or a fine, or both.

Offences under the reporting obligations are summary offences and carry a maximum sentence of 6 months’ imprisonment or a fine, or both.

The Office of Financial Sanctions Implementation (OFSI), part of HM Treasury, is responsible for monitoring compliance with financial sanctions and for assessing suspected breaches. It also has the power to impose civil monetary penalties and refer cases to law enforcement agencies for criminal investigation and potential prosecution.

OFSI’s approach to compliance and enforcement is outlined in section 7 of OFSI’s general guidance.

For more information about how OFSI assesses suspected breaches and the possible enforcement outcomes, see OFSI’s enforcement guidance.

2.2 Director disqualification sanctions enforcement

A breach of the main prohibitions or licensing provisions in the Regulations is an offence that is triable either way and carries a maximum sentence on conviction on indictment of 2 years’ imprisonment or a fine, or both.

It is also an offence under the Regulations to provide misleading information to obtain a licence, act outside of permissions given or ignore conditions contained within a licence. A licensing offence carries a maximum sentence on conviction on indictment of 2 years’ imprisonment, or a fine, or both.

The Insolvency Service is responsible for investigating suspected breaches and licensing offences. It has the power to bring prosecutions for breaches and refer cases to other law enforcement agencies for criminal investigation and potential prosecution.

2.3 Trade sanctions enforcement

A breach of the trade sanctions prohibitions is triable either way and carries a maximum sentence on conviction on indictment of 10 years’ imprisonment or a fine, or both.

A breach of the trade sanctions licensing provisions is also triable either way and carries a maximum sentence on conviction on indictment of 2 years’ imprisonment or a fine, or both. 

Offences under the reporting obligations are summary offences and carry a maximum sentence of 6 months’ imprisonment or a fine, or both. 

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

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. If the irregularity was found on an Export Control Joint Unit compliance audit, the compliance inspector will have informed HMRC and you are strongly advised to do the same. Guidance is available on how to make a voluntary disclosure.

2.4 Transport sanctions enforcement

A breach of the transport sanctions relating to ships and aircraft is an offence that is triable either way and carries a maximum sentence on conviction on indictment of 7 years’ imprisonment or a fine, or both.

A breach of the transport sanctions licensing conditions is also triable either way and carries a maximum sentence on conviction on indictment of 2 years’ imprisonment or a fine, or both.

A failure to comply with the reporting obligations is a criminal offence and carries a maximum sentence of 6 months’ imprisonment on summary conviction or a fine, or both. See Transport sanctions: reporting obligations.

DfT as the enforcement authority is supported by the Maritime and Coastguard Agency (MCA), harbour authorities, the Civil Aviation Authority (CAA), National Air Traffic Services (NATS) and airport operators. 

DfT also has the power to impose civil monetary penalties for breaches of transport sanctions and to refer cases to law enforcement agencies for investigation and potential prosecution.

If you become aware that a breach of the transport prohibitions has taken or will take place, you can report it by emailing transportsanctions@dft.gov.uk

For more information about how DfT assesses breaches of transport sanctions and the possible enforcement outcomes, see DfT’s enforcement guidance.   

3. Exceptions and licences

Exceptions and licensing provisions are contained in Part 8 of the Regulations.

3.1 Exceptions

An exception gives an automatic exemption to an activity that would otherwise be prohibited under sanctions. It means you can carry out that activity as long as certain defined circumstances, set out in the Regulations, apply to your activity.

An exception applies automatically so you do not require a licence to carry out the proposed activity, but some exceptions have notification obligations.

To check the full legal wording of an exception, go to the regulations listed in Part 6. If you are unsure whether an exception applies in your circumstances, you are advised to seek independent legal advice.

General exceptions

Exception for authorised conduct in a relevant country (regulation 46)

This exception relates to prohibitions in regulations 12 to 16, 18 to 20, chapters 1 and 2 of Part 5 (Trade), regulations 35, 37 and 38.

The exception applies if:

• conduct is authorised by a licence or other authorisation that is issued under the law of the Channel Islands, Isle of Man or any British Overseas Territory for the purpose of disapplying a prohibition in that jurisdiction which corresponds to the relevant prohibition

Exception for acts done for purposes of national security or prevention of serious crime (regulation 47)

This exception can be used in relation to any prohibition or requirement imposed by the Regulations.

The exception applies if:

• a responsible officer has determined the relevant actions to be in the interests of national security, or the prevention or detection of serious crime in the UK or elsewhere

Financial sanctions exceptions

Exceptions for crediting a frozen account (regulation 43)

These exceptions relate to the prohibitions in regulations 12 to 14 and 18 to 20 about dealing with the funds or economic resources of designated persons and making funds available to them. The exceptions permit, in certain circumstances, frozen accounts to be credited by and transfers made to ’relevant institutions’ – those with permission to carry out regulated activities under the Financial Services and Markets Act 2000 part 4A.

See section 6 of OFSI’s general guidance for details about how to use these exceptions and the related reporting obligations for relevant institutions.

Exception for required payments (regulation 43ZA)

This exception relates to the prohibitions in regulations 12 and 14 about dealing with the funds or economic resources of designated persons and making funds available for their benefit.

The exception permits certain required payments to be made by, or on behalf of, designated persons to various specified UK public bodies.

See OFSI’s FAQs on required payments for details about how to use these exceptions and the related notification obligations.

United Nations exception for humanitarian assistance (regulation 43A)  

This exception relates to the prohibitions in regulations 12 to 16 about dealing with the funds or economic resources of designated persons and making funds available to them.  

The exception applies if the activity is necessary to: 

• ensure the timely delivery of humanitarian assistance, or  
• to support other activities that support basic human needs  

See section 9 of OFSI’s financial sanctions guidance for charities and non-governmental organisations (NGOs) to check the conditions for this exception and how to use it.

Exception for payment of HM Treasury debt (UN designated persons only) (regulation 43ZB)

This exception relates to prohibitions in regulations 12 to 14 about dealing with the funds or economic resources of designated persons and making funds available to them or for their benefit. 

The exception permits payment in respect of HM Treasury debt to be made to or for the benefit of UN designated persons under certain circumstances. 

See section 6.21 of OFSI’s general guidance to check the conditions for this exception and how to use it.

Transport sanctions exceptions

Exception for certain ships to enter UK ports (regulation 44)

This exception relates to the prohibitions in regulation 36 on providing access to or entry of a UN-designated ship to a UK port.   

 The exception to the prohibitions in regulation 36 applies if:  

• the access or entry is needed by the ship in a case of emergency

Exceptions for certain aircraft to make UK landings and use UK airspace (regulation 45)

These exceptions relate to the prohibitions in regulation 42 about the movement of aircraft being used to transport military goods or armed personnel (or both) to any place in Libya.

Exceptions apply to the prohibition on an operator or pilot in command of such an aircraft landing, or overflying preparatory to such a landing if:

• failing to land would endanger the lives of persons on board or the safety of the aircraft

Exceptions also apply to the prohibitions and requirements in respect of such aircraft and air traffic control and airport operators noted in section 1.5 where conduct is necessary to:

• avoid endangering the lives of persons on board or the safety of the aircraft
• protect the safety of another aircraft, or - protect the safety of persons on the ground

3.2 Licensing for financial sanctions

A licence is a written permission from OFSI that allows an act that would otherwise be in breach of the financial sanctions prohibitions set out in regulations: 

• 12 to 16 (asset-freeze etc) 
• 18 to 20 (partial asset-freeze etc), or  
• regulation 38 (financial transactions in relation to Libyan oil) 

OFSI has issued general licences that may be used under this regime. For details see OFSI’s general licence page. 

In circumstances where there are no applicable exceptions from the prohibitions or general licences, any person (including a designated person) may apply for a licence from OFSI enabling them to deal with the frozen funds or economic resources of the designated person, or to allow these to be made available to or for the benefit of a designated person or to enter into a financial transaction relating to Libyan oil aboard a designated ship. 

You should not assume that a licence will be granted or engage in any activities prohibited by financial sanctions until your licence has been granted.   

Licensing grounds for financial sanctions   

OFSI can only issue individual licences where: 

• there is a  relevant licensing ground 
• the conditions set out in that licensing ground have been met, and  
• OFSI considers it appropriate to issue a licence for that purpose 

The purposes and activities for which OFSI may grant an individual licence to a person are set out in Schedule 4 to the regulations. In summary these include:  

• basic needs  
• reasonable professional fees for or reasonable expenses associated with the provision of legal services  
• reasonable fees or service charges arising from the routine holding or maintenance of frozen funds or economic resources  
• extraordinary expenses  
• pre-existing judicial decisions ^{[footnote 2]} 
• prior obligations ^{[footnote 3]} 
• humanitarian assistance activities  
• diplomatic missions etc (non-UN designated persons only) 
• extraordinary situation (non-UN designated persons only) 
• insolvency (non-UN designated persons only) 

OFSI may also issue a licence to the Libyan Investment Authority or the Libyan Africa Investment Portfolio in respect of humanitarian assistance activity and for 4 further grounds that do not apply to any other designated persons, namely: 

• provision of fuel, electricity and water for civilian uses 
• the resumption of the production and sale of hydrocarbons 
• establishing, operating or strengthening civilian government and public infrastructure 
• the resumption of banking sector operations including to support or facilitate international trade with Libya 

OFSI may need to notify, or in some cases seek approval from the relevant United Nations Sanctions Committee before issuing a licence. These requirements are set out in the relevant UN Security Council Resolutions. These requirements will lengthen the processing time for such licence applications and may in some cases prevent a licence from being issued. 

See section 6.6 of OFSI’s general guidance for the approach OFSI takes when deciding whether to grant a licence for each possible licensing ground.     

See OFSI’s licensing page for licence application forms and guidance.

3.3 Licensing for director disqualification sanctions 

The designated person, or their authorised representative, can make an application for a licence to the Insolvency Service. See more details about how to apply.  

The Insolvency Service will assess and grant or refuse licence applications on behalf of the Secretary of State. Companies House is responsible for updating the Companies Register when a licence is granted.  

You should not assume that a licence will be granted or act as the director of a company – or directly or indirectly take part in or be concerned in the promotion, formation or management of a company – until your licence has been granted.

3.4 Licensing for trade sanctions

Licences may also be issued for certain trade activities that would otherwise be prohibited by the Regulations. The Department for Business and Trade (DBT) has overall responsibility for trade sanctions licensing. The Secretary of State for International Trade is ultimately responsible for decisions to grant or refuse a trade sanctions licence in any individual case.

The Export Control Joint Unit (ECJU), part of DBT, is responsible for licensing the export of sanctioned goods, software and technology. DBT’s Import Controls and Sanctions team issues licences for imports. The Office of Trade Sanctions Implementation (OTSI) can issue licences when a goods export involves UK companies or persons but does not physically cross the UK border. 

See guidance on: 

• applying for an export licence 
• applying for an import licence

Licence applications for import of goods are managed by DBT’s Import Controls Team, who will, to the extent possible, aim to inform the trader of the application outcome within 30 days. However, in some circumstances, for operational or legal reasons, DBT may need to take longer than the 30 day period. We will inform the applicant if this is the case.

In making decisions on whether to grant a licence to permit something which would otherwise be prohibited under Part 5 of the Regulations, the Secretary of State will consider each application on a case-by-case basis to determine whether granting a licence would be consistent with the stated purposes of the sanctions regime and any UN or other relevant international law obligations.

For some prohibitions there are some specific activities that DBT considers are likely to be consistent with the aims of the sanctions. These are set out in the table below. If you think that your proposed activity falls within one of these specific descriptions you should make this clear and explain why you believe this to be the case in your application for a licence.

Some of the licensing grounds set out below include requirements relating to the UN Security Council Sanctions Committee on Libya (‘UNSC’):

• where the Secretary of State is required to give the UNSC notice of a licence granted under this sanctions regime, the Secretary of State will first determine whether granting a licence would be consistent with the purposes set out in the Regulations, including compliance with the UK’s UN obligations. If the Secretary of State determines that granting a licence would be consistent with those purposes, the UK (via the FCDO) will submit the necessary information to the UNSC. The Secretary of State may only grant a licence in the absence of a negative decision by the Committee within five working days of the notification
• where approval from the UNSC is required in order to grant a licence, the Secretary of State will first determine whether granting the licence would be consistent with the purposes set out in the Regulations. If the Secretary of State determines that granting a licence would be consistent with those purposes, the UK (via the FCDO) will submit the necessary information to the UNSC to seek the approval of the Committee. The Secretary of State will only grant a licence when confirmation of the Committee’s approval has been received.

You should not assume that a licence will be granted or engage in any activities prohibited by trade sanctions until your licence has been granted.

Considerations for trade sanctions licences

Prohibitions	Type of consideration
Regulations 23, 25 to 27	Considerations for the export, making available, transfer, supply or delivery of military goods or military technology

A licence may be granted for the export, making available, transfer, supply or delivery of non-lethal military goods or technology if intended solely for humanitarian or for protective use.

A licence may be granted for the export, making available, transfer, supply or delivery of non-lethal military goods or technology if intended solely for security or disarmament assistance to the Libyan government.

A licence may be granted for the export, making available, transfer, supply or delivery of military goods or technology if intended solely for security or disarmament assistance to the Libyan government.

This is subject to advance UNSC approval.

A licence may be granted for the export, making available, transfer, supply or delivery of small arms, light weapons or related materiel if they are being temporarily exported to Libya for the sole use of UN personnel, representatives of the media and humanitarian and development workers and associated personnel.

This is subject to advance UNSC notification. The Secretary of State may only grant a licence in the absence of a negative decision by the Committee within five working days of the notification.

,

A licence may be granted for the export, making available, transfer, supply or delivery of military goods or technology in circumstances other than those above.

This is subject to advance UNSC approval.

Prohibitions	Type of consideration
Regulations 28 to 30	Considerations for the provision of technical assistance, brokering services, financial services or funds relating to military goods or military technology

A licence may be granted for the provision of technical assistance, financial services or funds relating to non-lethal military goods or technology intended solely for humanitarian or for protective use.

A licence may be granted for the provision of technical assistance, financial services or funds relating to non-lethal military goods or technology intended solely for security or disarmament assistance to the Libyan government.

A licence may be granted for the provision of technical assistance, financial services or funds relating to military goods or technology if intended solely for security or disarmament assistance to the Libyan government.

This is subject to advance UNSC approval.

A licence may be granted for the provision of technical assistance, financial services or funds relating to military goods or technology in circumstances other than those above.

This is subject to advance UNSC approval.

Prohibitions	Type of consideration
Regulations 23, 25 to 27	Considerations for the export, making available, transfer, supply or delivery of internal repression goods or internal repression technology

A licence may be granted for the export, making available, transfer, supply or delivery of internal repression goods and technology if the goods or technology are intended solely for humanitarian or protective use.

Prohibitions	Type of consideration
Regulations 28 to 30	Considerations for the provision of technical assistance, brokering services, financial services or funds relating to internal repression goods or internal repression technology

A licence may be granted for the provision of technical assistance, financial services and funds relating to internal repression goods or technology if intended solely for humanitarian or for protective use.

Prohibitions	Type of consideration
Regulations 23, 25 to 27	Considerations for the export, making available, supply or delivery of goods which could be used for migrant smuggling or human trafficking

A licence will not be granted for the export, making available, transfer, supply or delivery of goods which could be used for migrant smuggling or human trafficking where the Secretary of State considers there are reasonable grounds to believe that the goods would be used for the purpose of smuggling migrants or trafficking in human beings.

Prohibitions	Type of consideration
Regulations 28 to 30	Considerations for the provision of technical assistance, brokering services, financial services or funds relating to goods which could be used for migrant smuggling or human trafficking

A licence will not be granted for the provision of technical assistance, brokering services, financial services and funds where the Secretary of State considers that there are reasonable grounds to believe that the technical assistance, brokering services, financial services and funds relate to goods that would be used for the purpose of smuggling migrants or trafficking in human beings.

Prohibitions	Type of consideration
Regulation 35	Considerations for transporting etc Libyan oil in relation to designated ships

A licence may be granted for the transporting, loading or discharging of Libyan oil where the Secretary of State has consulted with the Government of Libya focal point[footnote 4]

Prohibitions	Type of consideration
Regulation 37	Considerations for bunkering or ship services in relation to designated ships

A licence may be granted for the provision of bunkering or ship supply services in relation to designated ships where the services are necessary for humanitarian or safety purposes.

This is subject to UNSC notification.

A licence may be granted for the provision of bunkering or ship supply services in relation to designated ships where the ship is returning to Libya. This is subject to UNSC notification.

The UN Security Council has set out in paragraph 9 of UNSCR 1970 a number of derogations, some of which may be relevant to the prohibitions on enabling or facilitating the conduct of armed hostilities (regulation 31). If you think that your proposed activity would otherwise be prohibited by the prohibitions set out in regulation 31 of the Regulations, but meets the criteria set out in paragraph 9 of UNSCR 1970 and is consistent with the aims of the sanctions, then you should make this clear, and explain why you believe this to be the case, in your application for a licence. Where relevant, the Secretary of State may notify or seek the approval of the UNSC, when considering your application for a licence.

When you export or import goods, you may need to submit a declaration: guidance is available on:  

• how to make an export declaration. 
• how to make an import declaration

Overlap with strategic export licensing

Military goods and military technology

Please note that the export of and trade in military goods and military technology are also controlled under the Export Control Order 2008 and so you may also need a licence which is valid under that legislation. This means that all licence applications relating to military goods and military technology will also need to be considered against the strategic export licensing criteria. A licence under the Regulations is unlikely to be granted if a licence is refused for the same activity under the Export Control Order 2008.

The way this will work in practice is that we will consider an application for a licence which relates to activities that are licensable under both the Regulations and the Export Control Order 2008 as an application for a licence under both pieces of legislation. This means that only a single licence application is required.

The application will be considered against the relevant licensing criteria. If a licence is granted it will be valid under both the Export Control Order 2008 and the Regulations.

Overlap between trade sanctions and financial sanctions

If you import or export goods, you need to consider if financial sanctions apply to you. You may need a licence from OFSI as well as from the Export Control Joint Unit or the Import Controls Team. See the guidance on licensing for more details.

Transit control

Certain goods transiting the UK are still regarded as being exported when they leave the country and are therefore subject to control. Article 17 of the Export Control Order 2008 includes a transit and transhipment exception meaning that in many situations a licence is not required. This exception does not apply to goods destined for Libya, meaning that a licence is required to transit goods through the UK or to tranship them in the UK with a view to re-exportation to Libya.

3.5 Licensing for transport sanctions

Where an exception does not apply, a licence may be issued by DfT in particular circumstances to allow for time-limited and specific actions to take place which would otherwise be prohibited by the Regulations.

A port licence may be granted to permit a UN designated ship to access a UK port.

See how to apply for a transport sanctions licence.

3.6 Directions in respect of immigration sanctions

If you are subject to immigration sanctions the Home Office may direct, on a case by case basis, that the sanction does not apply in particular circumstances, such as for travel to, or through, the UK for a UN sponsored meeting. You can check how to apply for a UK visa, and find further information about travelling to the UK on GOV.UK.

4. Further information

The UK sanctions hub page is a central point for all sanctions content, including links to introductory guidance, sector-specific guidance, reporting obligations, blogs, and email alert services.

You can report a suspected breach of sanctions if you think you, or someone else, may have breached sanctions, or be attempting to circumvent sanctions.

For specific queries about this sanctions regime, email: fcdo.correspondence@fcdo.gov.uk

For other contact details, see Government departments and agencies responsible for sanctions.

1. ‘the Goods Classification Table’ means the table so named in Annex I in Part Three of the [Tariff of the United Kingdom] ↩

2. Paragraph 11A of Schedule 4 sets out how this applies to UN designated persons, and paragraph 15B of Schedule 4 sets out how it applies to non-UN designated persons. ↩

3. Paragraph 11 of Schedule 4 sets out how this applies to UN designated persons, and paragraph 12 of Schedule 4 sets out how it applies to non-UN designated persons. ↩

4. ‘the Government of Libya’s focal point’ means the focal point appointed by the Government of Libya as notified to the Sanctions Committee in accordance with paragraph 3 of UNSCR 2146 (2014). ↩