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RS 946.231.149.82 Order of 30 March 2011 instituting measures against Libya

Original Language Title: RS 946.231.149.82 Ordonnance du 30 mars 2011 instituant des mesures à l’encontre de la Libye

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946.231.149.82

Order instituting measures against Libya

March 30, 2011 (Status on March 4, 2016)

The Swiss Federal Council,

See art. 2 of the Law of 22 March 2002 on embargoes (LEmb) 1 ,

Stops:

Section 1 Enforcement measures

Art. 1 Prohibition on the supply and acquisition of military equipment and goods used for internal repression

1 The sale, supply, export and transit of military equipment of all kinds, including arms and ammunition, military vehicles and equipment, paramilitary equipment, as well as accessories and parts thereof Alternative, to Libya or for use in Libya, is prohibited.

2 The sale, supply, export and transit of equipment listed in Annex 1 which may be used for internal repression, to Libya or for use in Libya, shall be prohibited.

3 The provision of services of all kinds, including financial services, brokerage services, technical training and the provision of armed mercenaries, and the provision of financial resources related to the sale, supply, The exportation, transit, manufacture or use of the goods cited in s. 1 and 2 or in relation to military activities in Libya are prohibited.

4 The purchase, import, transit, transport and brokering, from Libya, of goods of military equipment and of goods listed in Annex 1 are prohibited.

5 The State Secretariat for Economic Affairs (SECO) may, after consulting the relevant departments of the Federal Department of Foreign Affairs (DFAE) and, where appropriate, in accordance with the decisions of the relevant UN Security Council Committee, Authorize exceptions to the prohibitions set out in paras. 1 to 4 for:

A.
Non-lethal military equipment intended solely for humanitarian or protective use;
B.
Other military equipment and assistance, including personnel, in connection with such equipment;
C.
Hunting and sport weapons as well as their ammunition, accessories and spare parts.

6 The prohibitions set out in paras. 1 to 3 do not apply to the temporary export of protective clothing, including bullet-proof vests and vests, by United Nations, European Union or Confederation personnel, media representatives and agents For their personal use.

Art. 2 1 Freeon of assets and economic resources

1 The assets and economic resources belonging to or under control shall be frozen:

A.
Natural persons referred to in Schedules 2, Part A, and 3, Part A;
B.
Enterprises and entities referred to in Annex 2, Part B, provided that the assets and economic resources were frozen before 17 September 2011;
C.
Companies and entities listed in Annex 3, Part B.

2 It is prohibited to provide assets to natural persons, undertakings and entities referred to in para. 1, let. A and c, or make available, directly or indirectly, assets or economic resources.

3 The SECO may, exceptionally, after consulting the relevant departments of the FDFA and the Federal Department of Finance (DFF) and, where appropriate, after notification to the relevant UN Security Council Committee and in accordance with the Decisions of the Committee, authorise payments on frozen accounts, transfers of frozen capital assets and the release of frozen economic resources in order to:

A.
Avoid cases of rigor;
B.
Honouring existing contracts;
C.
To honour claims in accordance with a judicial, administrative or arbitral measure or decision;
D.
Respond to humanitarian needs;
E.
To finance measures to support economic reconstruction, or
F.
Safeguard the interests of Switzerland.

1 New content according to the c. I of the O of 26 Oct. 2011, effective since October 27. 2011 ( RO 2011 4857 ).

Art. 3 Definitions

For the purposes of this order:

A.
Assets: All financial assets, including cash, cheques, monetary claims, bills of exchange, money orders or other means of payment, deposits, debt obligations and acknowledgements, debt securities and debt instruments, Certificates of securities, bonds, debt instruments, options, letters of pledge, derivatives; interest income, dividends or other income or capital gains arising from capital assets; credits, rights to Compensation, guarantees, guarantees for the performance of contracts or other financial commitments; Flow-through, bills of lading, insurance contracts, asset securitization documents, or other financial resources and other export financing instruments;
B.
Assets freeze: Preventing any action allowing the management or use of assets, with the exception of normal administrative actions carried out by financial institutions;
C.
Economic resources: Values of any kind, whether tangible or intangible, movable or immovable, in particular immovable property and luxury goods, with the exception of assets within the meaning of the let. A;
D.
Freezing of economic resources: Any action to prevent the use of economic resources in order to obtain assets, goods or services in any way, including through sale, lease or mortgage.
Art. 4 Prohibition of entry into Switzerland and transit through Switzerland

1 The entry into Switzerland and the transit through Switzerland are prohibited to the natural persons listed in Annexes 4 and 5.

2 The State Secretariat for Migration (SEM) 1 May, in accordance with the decisions of the relevant UN Security Council Committee, grant exemptions for natural persons referred to in Annex 4.

3 The SEM may, for natural persons listed in Annex 5, grant exceptions:

A.
There are proven humanitarian grounds;
B.
Whether the person is travelling to attend meetings of international bodies or to conduct a political dialogue concerning Libya; or
C.
If the safeguarding of Swiss interests so requires.

1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on official publications ( RO 2004 4937 ). This mod has been taken into account. Throughout the text.

Art. 5 1

1 Repealed by c. I of the O of 26 Oct. 2011, with effect from October 27. 2011 ( RO 2011 4857 ).

Art. 6 Prohibition of honouring certain claims

It is prohibited to honour the claims of the following natural persons, undertakings and entities where such claims are based on a contract or case whose execution has been prevented or affected directly or indirectly by measures Imposed by this order or the order of 21 February 2011 imposing measures against certain persons originating in Libya 1 :

A.
The Government of Libya;
B.
Natural persons, enterprises and entities in Libya;
C.
The natural persons, undertakings and entities acting in accordance with the instructions or on behalf of the natural persons, undertakings and entities referred to in the let. A and b.

1 [ RO 2011 869 961 1195]

Section 2 Enforcement and criminal provisions

Art. 7 Monitoring and running

1 SECO monitors the enforcement of coercive measures under s. 1, 2 and 6.

2 The SEM shall monitor the implementation of the prohibition on entry and transit provided for in Art. 4.

3 ... 1

4 Border control is the responsibility of the Federal Customs Administration.

5 On the instruction of the SECO, the competent authorities shall take the necessary measures for the freezing of economic resources, for example the mention of a blocking of the land register or the seizure or sealing of luxury goods.

1 Repealed by c. I of the O of 26 Oct. 2011, with effect from October 27. 2011 ( RO 2011 4857 ).

Art. 8 Mandatory declaration

1 Persons or institutions who hold or manage assets or who are aware of economic resources that must be admitted to be subject to the freezing of assets under s. 2, para. 1, must report it without delay to the SECO.

2 The declaration must state the name of the beneficiary, the object and value of the assets and the economic resources frozen.

Art. Criminal Provisions

1 Anyone who violates the provisions of s. 1, 2, 4 or 6 is punishable under s. LEmb. 1

2 Anyone who violates the provisions of s. 8 shall be punished according to art. 10 LEmb.

3 SECO prosecus and judges offences within the meaning of s. 9 and 10 LEmb; may order seizures or forfeitures.

1 New content according to the c. I of the O of 26 Oct. 2011, effective since October 27. 2011 ( RO 2011 4857 ).

Section 3 Automatic recovery of lists, publication and final provisions 2

Art. A 1 Automatic recovery of lists of natural persons, undertakings and entities subject to sanctions

The lists of natural persons, undertakings and entities that the United Nations Security Council or its competent committee have established or updated (annexes 2 and 4) are automatically included.

1 Introduced by ch. I 16 of the Dec 19. 2012 amending the publication of the annexes to O relating to embargoes ( RO 2013 255 ). New content according to the c. I 13 of the O of 4 March 2016 on the automatic resumption of the United Nations Security Council sanctions lists, in force since 4 March 2016 (RO 2016 671).

Art. B 1 Publishing

The entries in Annexes 2 to 5 are not published in the Official Manual of Federal Law (RO) or in the Systematic Collection of Federal Law (RS).

1 Introduced by ch. I 13 of the O of 4 March 2016 on the automatic resumption of the United Nations Security Council sanctions lists, in force since 4 March 2016 ( RO 2016 671 ).

Art. 10 Repeal of the law in force

The order of 21 February 2011 instituting measures against certain persons originating in Libya 1 Is repealed.

1 [ RO 2011 869 961 1195]

Art. 11 Transitional Provision

Any person who has declared assets or economic resources to the Public International Law Branch of the FDFI under s. 4 of the order of 21 February 2011 imposing measures against certain persons originating in Libya 1 Is not required to re-declare them to the SECO in accordance with s. 8 of this order.

1 RO 2011 869

Art. 12 Entry into force

This Order comes into force on March 31, 2011.

Annex 1

(art. 1, para. 2 and 4)

Goods liable to be used for internal repression

1
Bombs and grenades other than those listed in Schedule 1 of the War Material Order of February 25, 1998 (OMG) 1 And in Schedule 3 of the June 25, 1997 Order on the Control of Goods (OCB) 2 .
2
Vehicles other than those specially designed for fire fighting, as follows:
2.1
Vehicles equipped with a water cannon, specially designed or modified for anti-emeutes;
2.2
Vehicles specially designed or modified to be electrified to repel attackers;
2.3
Vehicles specially designed or modified for removal of barricades;
2.4
Vehicles specially designed for the transport or transfer of prisoners and/or prisoners;
2.5
Vehicles and trailers specially designed for the installation of mobile dams;
2.6
Components of vehicles referred to in c. 2.1 to 2.5 specially designed to combat disorders and overflows.
3
Explosives and related devices, other than those listed in Annex 1 of the OMG and in Annex 3 to the OCB, as follows:
3.1
Devices and devices specially designed to cause explosions by electric or non-electric means, including firing devices, detonators, igniters, detonation relays and detonating blinds, and their components Specially designed;
Exceptions are devices and devices that are used in industrial products, such as car air cushions;
3.2
Explosives and related substances, as follows:
A.
Amatol,
B.
Nitrocellulose (containing more than 12.5 % nitrogen),
C.
Nitroglycol,
D.
Pentaerythritol tetranitrate (PETN),
E.
Picryl chloride,
F.
2,4,6-trinitrotoluene (TNT).
4
Protective equipment other than those mentioned in section ML 13 of Annex 3 of the OCB or those specially designed for sport and protection at work, as follows:
4.1
Armoured clothing providing ballistic protection and/or protection against white weapons;
4.2
Helmets offering ballistic protection and/or shrapnel protection, riot helmets, riot shields and ballistic shields.
5
Other simulators included in section ML 14 of Annex 3 of the OCB for training in the use of firearms and their specially designed software.
6
Other night vision and thermal image devices and other image-enhancing tubes than those listed in OCB Appendices 3 and 5.
7
Razor razor.
8
Military knives, combat knives and bayonets with a blade longer than 10 cm in length, other than those cited in c. 1 of Annex 5 to the CPB.
9
Goods designed to execute human beings, as follows:
9.1
Skills and guillotines;
9.2
Electric chairs;
9.3
Hermetic, steel or glass chambers, for example, designed for the execution of human beings by the administration of a gas or a deadly agent;
9.4
Automatic injection systems designed for the execution of human beings by the administration of a deadly chemical agent.
10
Electric discharge belts designed to immobilize human beings by the administration of electric shocks and having an empty tension greater than 10 000 V.
11
Property designed to immobilize human beings, as follows:
11.1
Restraint chairs and panels equipped with handcuffs; are not intended for chairs designed for persons with disabilities;
11.2
Shackles, multiple chains, shackles and handcuffs or bracelets with individual shackles; are not covered by handcuffs whose total dimension, including chain, measured from the outer edge of a core to the outer edge of the other Menotte is between 150 mm and 280 mm in the locked position and has not been modified to cause physical pain or suffering;
11.3
Hens and screws for inches, including serrated sprinkles.
12
Portable electric discharge devices, including electric discharge batons, electric shock shields, dizziness and electric-discharge flechette arms with an empty voltage greater than 10,000 V, other than those cited in c. 1 of Annex 5 to the OCB;
Are not subject to individual electric discharge devices when they accompany their users for the purpose of their personal protection.
13
Agents used for riot control or self-protection and associated portable projection equipment, as follows:
13.1
Portable devices designed for riot control or self-protection by the administration or projection of a non-capacitating chemical agent other than those cited in c. 1 of Annex 5 to the OCB;
This point does not apply to individual portable devices when they accompany their user for the purpose of protection of the individual, even if they contain a chemical agent;
13.2
Penlarge vanillylamide (PAVA) (CAS 2444-46-4);
13.3
Capsicum oleoresin (OC) (CAS 8023-77-6).
14
Equipment specially designed for the production of the goods listed in this list.
15
Specific technologies required for the development, production or use of the properties listed in this list.

1 RS 514.511
2 RS 946.202.1 Annex 3 can be consulted on the following website: www.seco.admin.ch > Topics > External economic policy > Export controls > Industrial products > Legal basis/lists of goods

Status on March 4, 2016

Annex 2 1

(art. 2, para. 1, let. A and b, 9 A And 9 B )

Natural persons, undertakings and entities subject to financial sanctions

Note

1. This annex corresponds to the lists of natural persons, undertakings and entities designated by the United Nations Security Council or its competent committee 2 .

2. As a general rule, the lists are entered by the SECO in the SESAM database (SECO Sanctions Management) on the working day following their submission by the United Nations 3 .

1 New content according to the c. I 13 of the O of 4 March 2016 on the automatic resumption of the United Nations Security Council sanctions lists, in force since 4 March 2016 ( RO 2016 671 ).
2 The list can be accessed at the following address: www.un.org/fr/sc > Subsidiary bodies > Sanctions > Council Committee on Libya > Materials on the list of sanctions.
3 The SESAM database is freely accessible via the Internet: www.seco.admin.ch > Themes > External Economic Policy > Sanctions/Embargos. A printed version of the list can be ordered from the SECO, Sanctions Sector, Holzikofenweg 36, 3003 Berne.

Status on March 4, 2016

Annex 3 1

(art. 2, para. 1)

Natural persons, undertakings and entities subject to financial sanctions

1 This Annex is not published in the RO ( RO 2013 255 957-2073, 2014 541, 2015 985 2971, 2016 477). It can be ordered from the SECO, Sanctions Sector, Holzikofenweg 36, 3003 Berne or consulted on www.seco.admin.ch > Themes > External Economic Policy > Sanctions/Embargos.

Status on March 4, 2016

Annex 4 1

(art. 4, para. 1 and 2, 9 A And 9 B )

Natural persons covered by the prohibition of entry and transit

Note

1. This annex corresponds to the lists of natural persons, undertakings and entities designated by the United Nations Security Council or its competent committee 2 .

2. As a general rule, the lists are entered by the SECO in the SESAM database (SECO Sanctions Management) on the working day following their submission by the United Nations 3 .

1 New content according to the c. I 13 of the O of 4 March 2016 on the automatic resumption of the United Nations Security Council sanctions lists, in force since 4 March 2016 ( RO 2016 671 ).
2 The list can be accessed at the following address: www.un.org/fr/sc > Subsidiary bodies > Sanctions > Council Committee on Libya > Materials on the list of sanctions.
3 The SESAM database is freely accessible via the Internet: www.seco.admin.ch > Themes > External Economic Policy > Sanctions/Embargos. A printed version of the list can be ordered from the SECO, Sanctions Sector, Holzikofenweg 36, 3003 Berne.

Status on March 4, 2016

Annex 5 1

(art. 4)

Natural persons covered by the prohibition of entry and transit

1 This Annex is not published in the RO ( RO 2013 255 2073, 2015 985 2971, 2016 477). It can be ordered from the SECO, Sanctions Sector, Holzikofenweg 36, 3003 Berne or consulted on www.seco.admin.ch > Themes > External Economic Policy > Sanctions/Embargos.

Status on March 4, 2016