S/RES/883(1993) SC

Resolution 883 (1993) 11 November 1993 The Security Council, Reaffirming its resolutions 731 (1992) of 21 January 1992 and 748 (1992) of 31 March 1992, Deeply concerned that after more than twenty months the Libyan Government has not fully complied with these resolutions, Determined to eliminate international terrorism, Convinced that those responsible for acts of international terrorism must be brought to justice, Convinced also that the suppression of acts of international terrorism, including those in which States are directly or indirectly involved, is essential for the maintenance of international peace and security, Determining, in this context, that the continued failure by the Libyan Government to demonstrate by concrete actions its renunciation of terrorism, and in particular its continued failure to respond fully and effectively to the requests and decisions in resolutions 731 (1992) and 748 (1992), constitute a threat to international peace and security, Taking note of the letters to the Secretary-General dated 29 September and 1 October 1993 from the Secretary of the General People's Committee for Foreign Liaison and International Cooperation of Libya 7 and his speech in the general debate at the forty-eighth session of the. General Assembly 8 in which Libya stated its intention to encourage those charged with the bombing of Pan Am flight 103 to appear for trial in Scotland and its willingness to cooperate with the competent French authorities in the case of the bombing of Union de Transports Aériens flight 772, Expressing its gratitude to the Secretary-General for the efforts he has made pursuant to paragraph 4 of resolution 731 (1992), Recalling the right of States, under Article 50 of the Charter of the United Nations, to consult the Council where they find themselves confronted with special economic problems arising from the carrying out of preventive or enforcement measures, Acting under Chapter VII of the Charter, 1. Demands once again that the Libyan Government comply without any further delay with resolutions 731 (1992) and 748 (1992), 2. Decides, in order to secure compliance by the Libyan Government with the decisions of the Council, to take the following measures, which shall come into force at 0001 hours eastern standard time on 1 December 1993 unless the Secretary-General has reported to the Council in the terms set out in paragraph 16 below; 3. Decides also that all States in which there are funds or other financial resources (including funds derived or generated from property) owned or controlled, directly or indirectly, by: (a) The Government or public authorities of Libya; or (6) Any Libyan undertaking; shall freeze such funds and financial resources and ensure that neither they nor any other funds and financial resources are made available, by their nationals or by any persons within their territory, directly or indirectly, to or for the benefit of the Government or public authorities of Libya or any Libyan undertaking, which for the purposes of this paragraph, means any commercial, industrial or public utility undertaking which is owned or controlled, directly or indirectly, by: (i) The Government or public authorities of Libya, (ii) Any entity, wherever located or organized, owned or controlled by the Government or public authorities of Libya, or (iii) Any person identified by States as acting on behalf of the Government or public authorities of Libya or by any entity, wherever located or organized, owned or controlled by the Government or public authorities of Libya for the purposes of the present resolution, 4. Further decides that the measures imposed by paragraph 3 above do not apply to funds or other financial resources derived from the sale or supply of any petroleum or petroleum products, including natural gas and natural gas products, or agricultural products or commodities, originating in Libya and exported therefrom after the time specified in paragraph 2 above, provided that any such funds are paid into separate bank accounts exclusively for these funds; 5. Decides that all States shall prohibit any provision to Libya by their nationals or from their territory of the items listed in the annex to this resolution, as well as the provision of any types of equipment, supplies and grants of licensing arrangements for the manufacture or maintenance of such items; 6. Also decides that, in order to make fully effective the provisions of resolution 748 (1992), all States shall: (a) Require the immediate and complete closure of all Libyan Arab Airlines offices within their territories; (b) Prohibit any commercial transactions with Libyan Arab Airlines by their nationals or from their territory, including the honouring or endorsement of any tickets or other documents issued by that airline; (c) Prohibit, by their nationals or from their territory, the entering into or renewal of arrangements for: (i) The making available, for operation within Libya, of any aircraft or aircraft components, or (ii) The provision of engineering or maintenance servicing of any aircraft or aircraft components within Libya; (d) Prohibit, by their nationals or from their territory, the supply of any materials destined for the construction, improvement or maintenance of Libyan civilian or military airfields and associated facilities and equipment, or of any engineering or other services or components destined for the maintenance of any Libyan civil or military airfields or associated facilities and equipment, except emergency equipment and equipment and services directly related to civilian air traffic control, (e) Prohibit, by their nationals or from their territory, any provision of advice, assistance, or training to Libyan pilots, flight engineers, or aircraft and ground maintenance personnel associated with the operation of aircraft and airfields within Libya; (f) Prohibit, by their nationals or from their territory, any renewal of any direct insurance for Libyan aircraft; 7. Confirms that the decision taken in resolution 748 (1992) that all States shall significantly reduce the level of the staff at Libyan diplomatic missions and consular posts includes all missions and posts established since that decision or after the coming into force of the present resolution; 8. Decides that the Governments of all States, and the Government of Libya, shall take the necessary measures to ensure that no claim shall lie at the instance of the Government or public authorities of Libya, or of any Libyan national, or of any Libyan undertaking as defined in paragraph 3 above, or of any person claiming through or for the benefit of any such person or undertaking, in connection with any contract or other transaction or commercial operation where its performance was affected by reason of the measures imposed by or pursuant to the present resolution or related resolutions; 9. Instructs the Committee of the Security Council established by resolution 748 (1992) to draw up expeditiously guidelines for the implementation of paragraphs 3 to 7 above, and to amend and supplement, as appropriate, the guidelines for the implementation of resolution 748 (1992), especially its paragraph 5 (a); 10. Entrusts the Committee of the Security Council established by resolution 748 (1992) with the task of examining possible requests for assistance under the provisions of Article 50 of the Charter of the United Nations and making recommendations to the President of the Council for appropriate action; 11. Affirms that nothing in the present resolution affects Libya's duty scrupulously to adhere to all of its obligations concerning servicing and repayment of its foreign debt; 12. Calls upon all States, including States not members of the United Nations, and all international organizations, to act strictly in accordance with the provisions of the present resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the effective time of the present resolution; 13. Requests all States to report to the Secretary-General by 15 January 1994 on the measures they have instituted for meeting the obligations set out in paragraphs 3 to 7 above; 14. Invites the Secretary-General to continue his role as set out in paragraph 4 of resolution 731 (1992); 15. Calls again upon all Member States individually and collectively to encourage the Libyan Government to respond fully and effectively to the requests and decisions in resolutions 731 (1992) and 748 (1992); 16. Expresses its readiness to review the measures set forth above and in resolution 748 (1992) with a view to suspending them immediately if the Secretary-General reports to the Council that the Libyan Government has ensured the appearance of those charged with the bombing of Pan Am flight 103 for trial before the appropriate United Kingdom or United States court and has satisfied the French judicial authorities with respect to the bombing of Union de Transports Aériens flight 772, and with a view to lifting them immediately when Libya complies fully with the requests and decisions in resolutions 731 (1992) and 748 (1992), and requests the Secretary-General, within ninety days of such suspension, to report to the Security Council on Libya's compliance with the remaining provisions of its resolutions 731 (1992) and 748 (1992) and, in the case of non-compliance, expresses its resolve to terminate immediately the suspension of these measures, 17. Decides to remain seized of the matter. Annex List of items referred to in paragraph § of the present resolution: I. Pumps of medium or large capacity whose capacity is equal to or larger than 350 cubic metres per hour and drivers (gas turbines and electric motors) designed for use in the transportation of crude oil and natural gas. II. Equipment designed for use in crude oil export terminals: - Loading buoys or single point moorings (spm), - Flexible hoses for connection between underwater manifolds (plem) and single point mooring and floating loading hoses of large sizes (from 12 to 16 inches), - Anchor chains. 115 Equipment not specially designed for use in crude oil export terminals but which because of their large capacity can be used for this purpose: - Loading pumps of large capacity (4,000 cubic metres per hour) and small head (10 bars); - Boosting pumps within the same range of flow rates; - In-line pipeline inspection tools and cleaning devices (i.e. pigging tools) (16 inches and above), - Metering equipment of large capacity (1,000 cubic metres per hour and above). . Refinery equipment: - Boilers meeting American Society of Mechanical Engineers 1 standards, - Furnaces meeting American Society of Mechanical Engineers 8 standards; - Fractionation columns meeting American Society of Mechanical Engineers 8 standards, - Pumps meeting American Petroleum Institute 610 standards, - Catalytic reactors meeting American Society of Mechanical Engineers 8 standards. - Prepared catalysts, including the following: Catalysts containing platinum and those containing molybdenum. Spare parts destined for the items in I to TV above. Adopted at the 3312th meeting by 11 votes to none with 4 abstentions (China, Djibouti, Morocco and Pakistan).