Sailing closer to shore puts the vessel at risk of potential arrest by the Libyan National Army (LNA). If arrested, vessels could be fined over USD $100,000.
If an RMI-flagged vessel decides to enter Libyan territorial waters or call at a Libyan port, the RMI requires that the vessel operate at Ship Security Level 2.
RMI-flagged vessels calling in Libya shall do so in accordance with Libyan laws and regulations.
Turkish vessels and crew should not call at any eastern Libya ports (i.e. Tobruk, Derna, Benghazi, Zuetina, Brega, or Ras Lanuf terminals) due to a warning issued by the LNA in response to Turkey’s continued support for Libya’s UN-backed Government of National Accord (GNA).
Meanwhile, the USCG has determined that Libyan ports are not maintaining effective anti-terrorism measures. Actions required as listed in paragraphs C and D of the USCG Port Security Advisory went into effect for all vessels arriving in the US on or after April 24, 2015, after visiting ports in Libya as one of the their last five ports of call.
Libyan ports are not considered ISPS Code compliant, therefore the following actions shall be taken as per §7.3 of RMI Marine Notice 2-011-16: 5.
-Implement measures per the Ship Security Plan equivalent to Security Level 2;
-Ensure that each access point to the ship is guarded and that the guards have total visibility of the exterior (both landside and waterside) of the vessel. Guards may be:
- provided by the ship’s crew, however, additional crew members should be placed on the ship if necessary to ensure that limits on maximum hours of work are not exceeded and/or minimum hours of rest are met, or
- provided by outside security forces approved by the ship’s master and Company Security Officer.
-Attempt to execute a Declaration of Security; and
-Log all security actions in the ship’s log.
Close contact with a local shipping agent and P&I correspondent is also strongly advised as the operational status of ports may change rapidly.
Tanker guidance
The Ship Security Advisory No 06-20 recommends:
- Tankers loading from Libyan ports must undertake all pre-checks and compliance measures to ensure the intended cargo for loading has been authorized by the Libyan National Oil Corporation (NOC). The NOC holds the sole rights to all oil exports from the country.
- Upon contracting your vessel for a voyage to Libya, be certain to request a certificate of origin from the charterers confirming that the shippers are the NOC or an approved legal entity of the NOC. The NOC holds the sole rights and control of all oil exports from the country.
- Charterers should establish the authenticity of cargo interests and whether they can rightfully ship oil cargoes from Libya. The shippers should be able to provide a letter or document to prove that they are authorized by the NOC to ship the cargo.
- Upon completion of cargo operations and receipt of port clearance, tankers delivering fuel oil to Libya should sail directly out of Libyan waters. Any deviations or delays may be perceived as suspicious by local authorities.
- Vessels are advised to proceed with extreme caution when approaching all Libyan oil terminals, particularly in eastern Libya, due to potential violent and criminal activity based upon recent attempts by armed, non-state actors to engage in illicit export of oil.
- UN Security Council Resolution 2441 authorizes the UN Sanctions Committee to impose certain measures on vessels attempting to illicitly export crude oil from Libya. This resolution imposes several restrictions regarding loading, transporting, or discharging crude oil from Libya which may include the possible denial of port entry.
