Citation, commencement, interpretation and extent

1. —(1) This Order may be cited as the Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013.

(2) It comes into force on 8th January 2014.

(3) In this Order, “the principal Order” means the Libya (Restrictive Measures) (Overseas Territories) Order 2011( 4 ).

(4) Article 2 of this Order extends to the territories listed in Schedule 1 to the principal Order and article 3 of this Order extends to the territories listed in Schedule 2 to the principal Order.

2. —(1) Part 1 of the principal Order is amended as follows.

(2) In article 9—

(a) in sub-paragraph (1)(a) delete “, as approved in advance by the Sanctions Committee”;

(b) for sub-paragraph (1)(c) substitute—

“ (c) the supply, sale or transfer to Libya of non-lethal military equipment and assistance intended solely for security or disarmament assistance to the Libyan authorities; ” ;

(c) after sub-paragraph (1)(c) insert—

“ (cc) the supply, sale or transfer of all other arms and related materiel, as notified to the Sanctions Committee in advance and in the absence of a negative decision by the Sanctions Committee within five working days of such notification ” .

(3) In article 12—

(a) at the end of sub-paragraph (1)(a) delete “or”;

(b) at the end of sub-paragraph (1)(b) insert “or”;

(c) after sub-paragraph (1)(b) insert—

“ (c) payments to a designated person under a judicial, administrative or arbitral lien or judgment entered into prior to the date on which the person was designated. ” .

(4) In article 15(2), for sub-paragraph (e) substitute—

“ (e) satisfaction of a judicial, administrative or arbitral lien or judgment in respect of a designated person, provided it was entered into before the date on which the person was designated, it is not for the benefit of a designated person and the Sanctions Committee has been notified of the lien or judgment. ”

3. —(1) Part 2 of the principal Order is amended as follows.

(2) In article 32—

(a) for paragraph (1) substitute—

“ (1) Part 1 of this Order with articles 12 and 15 as modified by paragraphs (1A) to (2) below and with the exception of article 28 shall apply to the territories listed in Schedule 2 to this Order, save that references to “designated persons” shall be to “ EU listed persons” and the reference to 26th February 2011 in article 30(5)(b) shall be to 3rd March 2011. ” ;

(b) after paragraph (1) insert—

“ (1A) In article 12(1), for paragraph (c) substitute—

(c) payments to an EU listed person under a judicial, administrative or arbitral lien or judgment where—

(i) the arbitral decision was rendered before the EU listed person was listed, or

(ii) the judicial decision was rendered, or the administrative decision was enforceable in a Member State of the European Union prior to, on, or after the date the person was listed; ” ;

(c) for paragraph (2) substitute—

“ (2) In article 15(2) —

(a) for sub-paragraph (e) substitute—

satisfaction of a judicial, administrative or arbitral lien or judgment in respect of an EU listed person, provided that it is not for the benefit of a designated person or an EU listed person and—

(i) the arbitral decision was rendered before the EU listed person was listed, or

(ii) the judicial decision was rendered or the administrative decision was enforceable in a Member State of the European Union prior to, on, or after the date the person was listed; ”

(d) after sub-paragraph (g) insert—

“ (h) payment necessary for humanitarian purposes, such as the delivery and facilitation of delivery of humanitarian aid, the delivery of materials and supplies necessary for essential civilian needs, including food and agricultural materials for its production, medical products and the provision of electricity, or for evacuations from Libya. ”