Sec. 2. Findings; statement of policy
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Congress makes the following findings: The stability and territorial unity of Libya is critical to the security of the United States, Europe, North Africa, and the Sahel, as well as maritime routes in the southern Mediterranean Sea. General Thomas Waldhauser, former Commander of United States Africa Command (AFRICOM), told the Committee on Armed Services of the Senate in March 2017, that instability in Libya and North Africa may be the most significant, near-term threat to U.S. and allies’ interests on the continent .
AFRICOM identifies containing instability in Libya as one of its six main lines of effort in Africa and works to support diplomatic efforts to reconstitute the Libyan state and to disrupt terrorist organizations that impede that process or threaten United States interests. According to the Director of National Intelligence, as of 2019, the capabilities of the Libya-based Islamic State
(ISIS)affiliate have been degraded, but it is still capable of conducting attacks on local and Western targets in Libya and possibly elsewhere in the region . According to United Nations Special Representative of the Secretary General
(SRSG)Ghassan Salamé, ISIS has conducted several attacks since April 4, 2019. On September 22, 2016, a Joint Communique on Libya, signed by Egypt, Italy, Qatar, Russia, Saudi Arabia, Turkey, the United Arab Emirates, and others, reaffirmed a joint commitment to the United Nations Support Mission in Libya’s [UNSMIL] efforts under the leadership of the UN Special Representative of the Secretary General . On March 1, 2019, the United States Government, along with the Governments of France, Italy, and the United Kingdom, reiterated its strong support to the diplomatic efforts of SRSG Ghassan Salamé and UNSMIL, rejected a military solution in Libya, and called on all Libyans to work constructively with SRSG Salamé to realize a stable and unified government that can deliver security and prosperity for all Libyans. UNSMIL planned to host a long-awaited National Conference in Ghadames, Libya to begin on April 14, 2019, to help the people of Libya negotiate a path toward interim governance structures and credible and secure elections. On April 4, 2019, Khalifa Haftar, the commander of the Libyan National Army
(LNA)movement ordered forces loyal to him to begin a unilateral military operation to take control of Tripoli, the capital of Libya, while United Nations Secretary-General Antonio Guterres was visiting Tripoli to promote the National Conference. Tripoli is the seat of the Government of National Accord (GNA), an interim body that emerged from previous United Nations-backed negotiations and that the United States Government and the United Nations Security Council have recognized since 2015. Although the LNA movement initiated the offensive, all parties to the conflict and their associated forces have since April 2019 failed to observe their obligations under international humanitarian law and increased the geographic scope of the conflict, including by using heavy weapons, aircraft, and armed drones provided by foreign powers in violation of the United Nations arms embargo. Foreign mercenaries have reportedly also participated in the conflict. Without the full cooperation of all United Nations member states in implementing the arms embargo in accordance with United Nations Security Council Resolution 2473 (2019), and all relevant predecessor resolutions, the flow of weapons to Libya will continue to fuel the conflict. According to SRSG Salamé, weapons provided by foreign powers to the warring parties are being sold to or captured by terrorist groups active in Libya. According to the United Nations, since the LNA movement offensive began in April 2019, the conflict in Libya has led to the deaths of more than 1,100 people, including more than 100 civilians, and the displacement of more than 120,000 people. Parties to the conflict in Libya have requisitioned the houses of civilians, targeted medical facilities, and inhibited humanitarian access to food, health, and other life-saving services, worsening humanitarian conditions. More than 5,100 refugees and migrants are detained in detention facilities in Libya, including more than 3,000 in and around the conflict zones in Tripoli, with serious risks of torture, starvation, sexual abuse, and death. On July 2, 2019, an airstrike against the Tajura Detention Center killed 53 and wounded 130 people trapped in the center. The United Nations has called for the immediate release, evacuation, and protection of refugees and migrants detained in conflict zones. It is the policy of the United States— to engage regularly at the senior-most levels and assert there is no military solution to the conflict in Libya and that only a political process can secure United States interests, ensure a stable and unified Libya, reduce the threat of terrorism, and provide peace and opportunity to the people of Libya; to support the implementation of United Nations Security Council Resolutions 1970
(2011)and 1973 (2011), which established an arms embargo on Libya, and subsequent resolutions modifying and extending the embargo; to support the implementation of United Nations Security Council Resolutions 2146
(2014)and 2362 (2017), which condemn attempts to illicitly export petroleum and refined petroleum products from Libya, including by parallel institutions which are not acting under the authority of the Government of National Accord; to promote unified and effective Libyan oversight over the Libyan National Oil Corporation, the Central Bank of Libya, and the Libyan Investment Authority; to enforce Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya (April 19, 2016)), designed to target individuals or entities who threaten the peace, security, and stability of Libya ; to employ sanctions and support war-crimes prosecution, against any and all parties engaging in attacks on civilians, medical workers, and critical infrastructure, including water supplies, in Libya; to contribute to the peace and stability of Libya, prevent destabilizing arms shipments, and support efforts to safeguard Libya’s oil resources in accordance with United Nations Security Council Resolutions 2259 (2015), 2278 (2016), 2362 (2017), and 2473 (2019); to leverage diplomatic relations to convince the parties to the conflict in Libya to immediately de-escalate and halt their current fighting and persuade foreign powers to stop providing weapons and financing that exacerbate the conflict; to encourage the parties to promptly return to a political process led by the SRSG and head of UNSMIL; to support the United Nations-mediated political process, which seeks a negotiated and peaceful solution to the Libyan crisis; that a negotiated and peaceful political solution should include a transitional, civilian-led government representing all Libyans, preparations for credible elections, a fair and transparent allocation of resources, interim security arrangements, and a process to reunify security and economic institutions; to support constant, unimpeded, and reliable humanitarian access to those in need and to hold accountable those who impede or threaten the delivery of humanitarian assistance; to advocate for the immediate release and safe evacuations of detained refugees and migrants trapped by the fighting in Libya; to assist implementation of UNSMIL’s plan for the organized and gradual closure of migrant detention centers in Libya and ensure robust protection assistance for refugees and migrants; and to support future democratic development and the economic recovery of Libya both during and after a negotiated and peaceful political solution.
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- 81 FR 23559
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