S/RES/883 (1993)
11 November 1993
RESOLUTION 883 (1993)
Adopted by the Security Council at its 3312th meeting,
on 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 (S/26523) and his speech in the
General Debate at the forty-eighth session of the General Assembly (A/48/PV.20)
in which Libya stated its intention to encourage those charged with the bombing
of Pan Am 103 to appear for trial in Scotland and its willingness to cooperate
with the competent French authorities in the case of the bombing of UTA 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, to consult
the Security Council where they find themselves confronted with special economic
problems arising from the carrying out of preventive or enforcement measures,
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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 00.01 EST on 1 December 1993 unless the Secretary-General has
reported to the Council in the terms set out in paragraph 16 below;
3. Decides 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
(b) 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 (i),
or
(iii) any person identified by States as acting on behalf of (i) or (ii) for
the purposes of this 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. Further 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;
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(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 this resolution;
8. Decides that 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 of this resolution, 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
this resolution or related resolutions;
9. Instructs the Committee established by resolution 748 (1992) to draw
up expeditiously guidelines for the implementation of paragraphs 3 to 7 of this
resolution, 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 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 Security Council for appropriate action;
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11. Affirms that nothing in this 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 this 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 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 UTA 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 90 days of such suspension, to report to the 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.
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Annex
The following are the items referred to in paragraph 5 of this 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")
- Anchor chains
III. 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 m3/h) and small head (10 bars)
- Boosting pumps within the same range of flow rates
- Inline pipe line inspection tools and cleaning devices (i.e. pigging
tools) (16" and above)
- Metering equipment of large capacity (1,000 m3/h and above)
IV. 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
Catalysts containing molybdenum
V. Spare parts destined for the items in I to IV above.
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