Sanctions against Libya

Berne, 04.03.2011 - The Federal Council has discussed today the implementation of the sanctions against Libya adopted by the UN Security Council. In this context, the Federal Council has amended its Ordinance Against Certain Individuals from Libya of 21 February 2011.

On 26 February 2011, the UN Security Council unanimously adopted a resolution to refer those presumed responsible for the attacks on the Libyan civilian population to the International Criminal Court and to impose sanctions against Libya. The resolution imposes an arms embargo, a ban on entry and transit targeting 16 persons as well as financial sanctions against six natural persons (including Muammar Gaddafi).

With its Ordinance of 21 February 2011, the Federal Council has already blocked the assets of 29 natural persons from Libya. Among them are all the persons listed by the UN. The arms embargo and travel sanctions imposed by the UN Security Council can be implemented pragmatically and through existing legal provisions. The Federal Council has adopted corresponding measures to implement the UN sanctions. Thus, there is currently no urgent need for Switzerland to issue a special embargo ordinance against Libya. However, the Federal Administration is drafting such an ordinance to be submitted at a later date to the Federal Council for decision. 

Switzerland wants to prevent any financial support for Muammar Gaddafi and those around him. Consequently, Switzerland supplemented its Ordinance on Measures Against Certain Individuals from Libya of 21 February 2011 with an additional ban. According to this ban, it is prohibited to transfer funds or to otherwise make funds directly or indirectly available to the natural persons named in the Annex to the Ordinance. 

The financial sanctions imposed by the UN Security Council are targeted at the six listed natural persons. Libyan state-owned enterprises or companies controlled directly or indirectly by the Libyan State are not affected by these measures to the extent that they have not been explicitly subjected to the sanctions by the relevant UN Sanctions Committee.

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André Simonazzi
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