Extraordinary Expenses Exemption

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Extraordinary Expenses Exemption

Invoking the Extraordinary Expenses Exemption in Unscr 1970 in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On August 8, 2011, the United States requested that the committee established pursuant to UNSCR 1970 approve an exemption to the asset freeze provisions under that resolution in order to allow frozen assets to be used to provide humanitarian aid to Libya. The letter making the request, addressed to Jose Felipe Maraes Cabral, chairman of the committee established pursuant to Resolution 1970, is excerpted below and available at (internet link) state.gov/s/l/c8183.htm.

Dear Ambassador:

The United States requests the Committee to approve, pursuant to paragraph 19(b) of resolution 1970 (2011), an exemption to the measures imposed in paragraph 17 of resolution 1970 (2011), as extended by paragraph 22 of resolution 1973 (2011), for funds that are necessary for extraordinary expenses. This exemption is requested for funds, financial assets and economic resources that are owned or controlled, directly or indirectly by listed entities, including the Central Bank of Libya, the Libyan Investment Authority, the Libyan Foreign Bank, the Libyan Africa Investment Portfolio and the Libyan National Oil Corporation.

Purposes The purposes of this request are to ensure the delivery of urgently-needed humanitarian aid and to begin the process envisioned in paragraph 20 of resolution 1973 (2011) to ensure that frozen assets shall, at a later stage, as soon as possible be made available to and for the benefit of the people of Libya.

The United States requests that this exemption allow the unfreezing of assets for the amounts, recipients and purposes specified in Annex 1. These assets would be transferred to three categories of recipients:

1) Humanitarian organizations to respond to initial and currently anticipated humanitarian needs, in line with the United Nations Appeal and its expected revisions (up to $500 million);

2) Third-party vendors supplying fuel and other urgently-needed humanitarian goods (up to $500 million);

3) The Temporary Financial Mechanism (TFM) to pay for salaries and operating expenses of Libyan civil servants and for food subsidies, electricity and other humanitarian purchases (up to $500 million)

Developments

Safeguards To ensure an appropriate and balanced distribution of assistance:

• No funds will be provided for the purchase of arms, non-lethal military equipment or any other military-related activity.

• Payments to third-party vendors for fuel costs will be made for fuel used strictly for humanitarian and civilian purchases (e.g. generating electricity, hospitals), not military activity, based on written assurances from the National Transition Council (TNC).

• Funds to be transferred to the TFM will be subject to TFM procedures, including the TFM's existing accounting procedures and safeguards, such as significant oversight and audits.

• A substantial portion of the funds (up to 20 percent or $100 million) transferred to the TFM would be allocated to benefit Libyans in areas not under the control of the TNC. The mechanism to ensure these transfers will be identified by the TNC (e.g. for food subsidies, electricity and other humanitarian purchases). The United States will retain the authority to hold back the release of up to $100 million of these funds until the TNC devises a credible, transparent and effective means of delivering these resources to areas not under its control.

• The United States will submit to the Committee every 120 days a report containing additional and updated information regarding these expenses, including precise amounts unfrozen and disbursed, the needs being addressed by the unfrozen assets, steps taken to coordinate donor assistance and measures imposed to mitigate the risk of abuse and diversion.

Coordination The United States anticipates that other Member States will also request exemptions pursuant to paragraph 19(b) of resolution 1970 (2011) for these same purposes. The United States will coordinate with these other Member States, as appropriate, as well as relevant international organizations, to ensure coordinated and efficient allocation of unfrozen funds, in particular to ensure that transfers to humanitarian organizations meet the needs identified by OCHA.

Please accept, Excellency, the assurances of my highest consideration.

Sincerely, Howard Wachtel Adviser

Invoking the Extraordinary Expenses Exemption in UNSCR 1970

In relation to the international law practice and Invoking the Extraordinary Expenses Exemption in Unscr 1970 in this world legal Encyclopedia, please see the following section:

Sanctions, Export Controls, International Restrictions

About this subject:

Imposition, Implementation, and Modification of Sanctions and Certain Other Restrictions

Under this topic, in the Encyclopedia, find out information on:

  • Libya
  • U.S. sanctions and other controls

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Invoking the extraordinary expenses exemption in UNSCR 1970

Resources

See Also

  • Sanctions
  • Export Controls
  • International Restrictions
  • Imposition Of Sanctions
  • Implementation Of Sanctions
  • Modification Of Sanctions
  • Libya
  • United States

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