قرار رقم (32) لسنة 2012 بشأن اعتماد الهيكل التنظيمي واختصاصات وزارة النفط والغاز وتنظيم جهازها الإداري

Cabinet Decree No. (32) of 2012

on adopting the organisational structure and competencies of the Ministry of Oil and Gas and organising its administrative unit

The Cabinet,

Upon review of:

• The Constitutional Declaration;
• The Law of the Financial System of the State, and the budget, accounts, and stores regulations and amendments thereto;
• Law No. (25) of 1955 on oil and amendments thereto;
• Law No. (12) of 2010 issuing the Labour Relations Law and the implementing regulations thereof;
• Law No. (23) of 2010 on commercial activities;
• National Transitional Council Decree No. (184) of 2011 approving the transitional government;
• Cabinet Decree No. (1) of 2012 specifying the competencies of deputy and assistant ministers;
• General Secretariat of the former General People's Congress Decision No. (10) of 1979 on re-organising the National Oil Corporation;
• Based on the submission of the Minister of Oil and Gas in Letter No. (14) dated 4/12/2011 and letter No. (60) dated 11/1/2012;
• The decrees of the Cabinet in its fourth ordinary meeting of 2012;

has decreed:

Article (1)

The organisational structure and competencies of the Ministry of Oil and Gas shall be approved and its administrative unit organized in accordance with this Decree.

Article (2)

The Ministry of Oil and Gas shall hold competence to perform the following:

1. Encourage investment in oil resources, improve their use and development, and propose the necessary legislation with regard thereto.
2. Propose, dismiss, and monitor organisational and implementing policies for everything related to the Ministry of Oil and Gas in accordance with legislation in force.
3. Approve and monitor drafts of the transition plan and plans related to increasing productive capacity, study such plans with the related bodies, and monitor their implementation after approval.
4. Monitor the implementation of plans and programs to develop and train national elements to raise the Ministry's administrative, technical, and economic performance standards.
5. Monitor the implementation and development of programs on security, manufacturing safety, professional health, environmental protection, and anti-pollution in conformance with local and international standards, and issue oil regulations thereon to meet security requirements, maintain safety, and protect the environment.
6. Monitor cooperation agreements in the field of oil and gas, prepare and organize Libya's participation in international and regional conferences, symposiums, and organisations related to the Ministry's work, and name delegates to attend such events.
7. Propose draft laws to protect and ensure proper use of oil and gas resources.
8. Monitor and utilise studies and research related to the manufacturing and refining fields at the Ministry, and encourage undertakings that ensure contribution to technology transfer.
9. Approve or revoke investment licenses, concession contracts, and other oil and gas extraction contracts, or accept the authority of the legislation in force.
10. Approve and set the conditions and privileges provided to oil companies operating in Libya in implementation of Law No. (3) of 1983 approving certain provisions granting exceptions to the Oil Law.
11. Approve daily production rates for crude oil and natural gas in accordance with economic and technical requirements.
12. Propose market policies, approve setting rules for the pricing of crude oil, gas, and related products in accordance with the legislation in force, monitor changing international conditions, and approve the granting of preferential rates.
13. Monitor and inspect oil and gas production measurement operations, transport, storage, and export of other oil products.
14. Perform financial oversight of oil company accounts in accordance with the Oil Law and amendments thereto, and collect all fees, rents, royalties, and additional income taxes set out under Oil Law No. (25) of 1955 and amendments thereto.
15. Establish the rules and controls necessary for private sector investment in the oil and gas field, especially in the fields of transport, services, and distribution, in coordination with the concerned bodies.
16. Verify that the latest scientific methods with regard to use of oil resources are applied to achieve the highest possible return.
17. Supervise and inspect the activities of the bodies affiliated to the Ministry and monitor their performance of their competencies.
18. Rule on recommendations of the National Oil Corporation related to requests to abandon or waive concession contracts submitted in accordance with the aforementioned Oil Law No. (25) of 1955 and the agreements in force.
19. Review and approve the annual estimated budgets for the National Oil Corporation and its companies that are funded by the general budget.
20. Approve the National Oil Corporation's balance sheet and final accounts.
21. Monitor production, shipping, and export operations to confirm their compliance with the rules and conditions provided.
22. Prepare periodic reports on the Ministry's activities and prepare responses related to observations of the Cabinet and oversight agencies.
23. Supervise and monitor sustainable development programs in accordance with the agreements made with international oil companies.

Article (3)

The Ministry shall have one or more deputies exercising the competencies prescribed for deputy ministers under the legislation in force. The deputy minister(s) shall assist the minister within the limits assigned thereto and supervise the work flow in the Ministry, under the direct supervision of the minister.

Article (4)

The National Oil Corporation and the bodies thereof shall be affiliated to the Ministry of Oil and Gas, and shall perform its tasks in accordance with the legislation regulating such.

Article (5)

The organisational structure of the Office of the Ministry of Oil and Gas shall consist of the following organisational divisions:

1. General Department of Planning and Monitoring
2. General Department of Technical and Environmental Affairs
3. General Department of Inspection and Measurement
4. General Department of Financial and Administrative Affairs and Services
5. General Department of Human Resources Development
6. General Department of Company Audit
7. Office of the Minister
8. Office of the Deputy Minister
9. Legal Office
10. Internal Audit Office
11. Communications and Information Systems Office
12. International Cooperation Office
13. Media and Public Relations Office

The Ministry shall have one or more branches, as the case may be, and the organisation and competencies thereof shall be set out under a decree from the Minister of Oil and Gas.

Article (6)

The General Department of Planning and Monitoring shall hold competence to perform the following:

1. Prepare the Ministry's transition budget draft programs and plans and projects thereof and monitor their implementation.
2. Supervise the preparation of feasibility studies for projects in coordination with local and foreign research centres and consultancy firms and propose means and sources of funding.
3. Prepare technical and economic studies in coordination with the related bodies, propose ways and means of lowering production costs, and monitor and review project investment costs.
4. Propose studies and research on ideas related to projects and Ministry activities, identify markets in accordance with policies and the target investment requirements in the oil and gas field, prepare reports on Ministry work flow, supply responses to oversight agency observations, and participate in international exhibitions and symposiums.
5. Propose legal and financial facilities and incentives to attract investment bodies, promote investment opportunities, and work to deal with difficulties and obstacles to guarantee the rights of all parties.
6. Focus on and encourage investment in the oil and gas exploration, production, and manufacturing fields, operate, maintain, and manufacture equipment and supplies for the crude oil and gas fields, and complete drawing the oil map with existing ports.
7. Tally, collect, and document data and information on oil and gas exploration, production, manufacturing, refining, transport, and marketing and keep this information in a data platform for easy reference when needed.
8. Prepare periodic reports on the Department's work flow.

Article (7)

The General Department of Technical and Environmental Affairs shall hold competence to perform the following:

1. Approve permits to dig, develop, and deepen wells in accordance with legislation in force.
2. Approve the issuance of permits to abandon dry wells and wells with uneconomic production in accordance with the standards in place.
3. Issue primary production test certificates for oil and gas wells.
4. Monitor plans and programs related to exploration, digging, and drilling in accordance with the legislation in force.
5. Approve oil production rates in accordance with the marketing requirements, and set production at reservoirs spanning between more than one contract party.
6. Monitor programs on additional recovery of oil reservoirs and confirm the use of the latest scientific methods as appropriate to the nature thereof, in coordination with the related bodies.
7. Establish rules for implementation of the environmental and vocational health and safety system, control and ensure quality, monitor the implementation thereof, and prepare reports thereon.
8. Prepare the necessary studies in cooperation with the competent bodies in the environmental and health fields and participate in their local and international committees.
9. Confirm that the companies affiliated to the Ministry have made the necessary arrangements with regard to environmental protection, fighting pollution, and public safety requirements.
10. Confirm that oil tankers abide by marine environment rules in accordance with the Libyan legislation in force and international agreements.
11. Immediately report any cases of land, sea, or air pollution or other incidents that occur at the Ministry or the bodies affiliated thereto.
12. Prepare periodic reports on the Department's work flow.

Article (8)

The General Department of Inspection and Measurement shall hold competence to perform the following:

1. Approve the technical specifications and supervise the standards of measurement systems for oil and derivatives thereof.
2. Monitor programs to update measurement systems for oil, gas, and derivatives thereof.
3. Monitor amendments and changes made to the standard specifications used in correcting the volumes and quantities of crude oil, gas, and derivatives thereof produced and exported.
4. Attend and approve calibration of new meters in the manufacturing country.
5. Receive daily reports from measurement offices in oil ports and fields on the quantities received and exported to the global and local market.
6. Prepare weekly, monthly, and annual reports, statistics, and data related to movements and exports of crude oil, gas, and derivatives thereof.
7. Review and record unloading certificates for all shipments.
8. Approve measurement operations for the quantities produced, stored, and exported by different measurement methods to ensure the rights of the Libyan state in accordance with global standard specifications and the requirements of legal and commercial measurement.
9. Monitor and watch measuring, transport, storage, and export operations for oil, gas, and related products, prepare the necessary data and statistics, and include them in periodic monitoring reports in coordination with the related bodies.
10. Technical supervision of crude oil and petrochemical product shipments.
11. Monitor exports of oil and oil derivatives.
12. Monitor shipping, maintenance, and staging of cargo tanks of oil ports.
13. Prepare periodic reports on the Department's work flow.

Article (9)

The General Department of Financial and Administrative Affairs and Services shall hold competence to perform the following:

1. Implement legislation, regulations, and rules related to administrative affairs and employee affairs and everything related to public office for personnel at the Ministry's administrative unit.
2. Prepare and implement the Ministry's draft operating budget and transition budget, in coordination with the related bodies.
3. Make disbursals in implementation of the approved budget and monitor the Ministry's assets.
4. Supervise the Ministry's stores.
5. Perform public service activities and manuscript, printing, reproduction, and copying activities at the Ministry's administrative unit.
6. Undertake the necessary arrangements to provide all public services required for the activities of the Ministry's administrative units, in accordance with their competencies.
7. Furnish all office, office equipment, and stationery needs of the Ministry's administrative units.
8. Prepare monthly and quarterly reports on the implementation of approved budget items.
9. Monitor disbursal allocations for the approved budgets of the Ministry, the National Oil Corporation, and the companies affiliated thereto.
10. Prepare periodic reports on the Department's work flow.

Article (10)

The General Department of Human Resources Development shall hold competence to perform the following:

1. Propose and work to approve policies and plans related to human resources, sustainable development programs, and workforce development programs at the Ministry.
2. Propose draft regulations and decrees on training and qualification, in coordination with the related bodies.
3. Coordinate with the related bodies on workforce training and qualification domestically and abroad to ensure meeting the Ministry's needs.
4. Prepare periodic reports on the development of the productive workforce and turnover at the Ministry.

Article (11)

The General Department of Auditing Companies shall hold competence to perform the following:

1. Audit and check the accounts of oil companies and companies linked thereto in accordance with Oil Law No. (25) of 1955, and the regulations issued pursuant thereto.
2. Perform financial control and inspections of companies holding concession contracts or participating companies to ensure compliance with sound accounting rules and performance of their obligations by the set dates, in accordance with the Oil Law and concession contracts.
3. Monitor project costs.
4. Monitor implementation of the annual budget of Ministry bodies to confirm proper implementation.
5. Prepare periodic and annual monitoring reports on returns and the state share thereof.
6. Adopt measures and arrangements to ensure the protection of the state's rights and set depreciation rates of capital expenditures and material assets of companies.
7. Collect all fees, rents, royalties, income taxes, and additional taxes provided under Oil Law No. (25) of 1955 and amendments thereto and provide them to the Ministry of Finance.
8. Prepare periodic reports on the Department's work flow.

Article (12)

1. Receive the matters submitted by the Ministry, provide data and information thereon, and prepare the required reports with regard thereto.
2. Prepare the agenda of Ministry meetings, draft meeting minutes, record, report, and monitor the implementation of the decrees thereof, and prepare periodic reports thereon.
3. Arrange the minister's meetings and communications, receive his mail, and handle his records.
4. Participate in technical committee meetings and activities at the Ministry and other committees assigned thereto by the minister.

Article (13)

The Office of the Deputy Minister shall hold competence to perform the following:

1. Receive the matters submitted to the deputy minister, provide data and information thereon, and prepare the required reports with regard thereto.
2. Prepare the agenda of the deputy minister's meetings and draft the minutes thereof.
3. Arrange the deputy minister's meetings and communications and receive his mail.

Article (14)

The Legal Office shall hold competence to perform the following:

1. Prepare legal opinions on legal matters submitted thereto.
2. Prepare and review draft laws, regulations, and decrees related to the Ministry.
3. Monitor cases filed by or against the Ministry in cooperation with the related bodies.
4. Prepare and review contracts and agreements.
5. Prepare periodic reports on the Office's work flow.

Article (15)

The Internal Audit Office shall hold competence to perform the following:

1. Confirm that the financial and accounting books and records used are updated in accordance with the legal requirements in place.
2. Monitor the financial procedures in place and confirm the soundness thereof and that account entries are correct and have been properly transferred to the analytical books.
3. Study contracts and agreements entered into with third parties, examine their financial terms, and confirm that they do not violate the financial rules and financial regulations in force.
4. Monitor reports on contract implementing operations and review the extracts thereof, examine the documentation for payments to be made and provide any observations it deems necessary before and after disbursement.
5. Monitor the rectification of financial violations on which it has received observations from monitoring agencies.
6. Examine different expense statements, salary and remuneration lists, and the like to confirm their compliance with the regulations in force.
7. Prepare periodic reports on audit results and immediate reports on any violations and refer them to the minister.
8. Confirm compliance of the Ministry's administrative units with the legislation in force.
9. Audit balance sheets in accordance with the financial laws, decrees, and regulations issued in this regard.
10. Respond to and make any observations on auditor inquiries and review their periodic reports on work flow.
11. Review documentary credits and any ensuing guarantees and insurance fees and confirm their proper financial procedures and documentation.
12. Review all bills and disbursal authorisations related to claims on Ministry rights before third parties or third party rights before the Ministry and confirm that the requirements thereof are met and properly documented.
13. Perform periodic and unplanned inventories of treasuries and financial trusts and participate in annual inventory tasks.
14. Keep documentation on daily movement, files, and closed books to ensure easy reference thereto.
15. Prepare periodic reports on the Office's work flow.

Article (16)

The Communications and Information Systems Office shall hold competence to perform the following:

1. Establish the technical rules and standard controls to unify equipment, software, means of communication, and operation methods at the Ministry level in a manner that supports best use.
2. Propose projects related to information systems and communications, study them with the related bodies, and monitor the implementation thereof after approval.
3. Prepare and organise the Ministry's participation in international symposiums in information fields, in coordination with the Office of Technical Cooperation and Media.
4. Work to design and install information networks and the internet domestically and abroad and monitor the operation and development of systems and communications.
5. Collect technical information related to oil and gas from various sources and information networks, and store, retrieve, and publish it in periodic publications.
6. Contribute to and supervise the establishment and development of information and communication organisational divisions at the Ministry's bodies.
7. Work to form an information centre, a scientific electronic library, and a database on oil and gas using unified systems to facilitate electronic communications between the Ministry and its affiliated bodies.
8. Document all relevant agreements, contracts, laws, decrees, studies, research, and recommendations of local, regional, and international gatherings and document the drawings, maps, technical specifications, charts, and the like.
9. Keep up with developments in the field of information technology and propose development plans for information technology systems, communications, and training programs at the Ministry and its affiliated bodies.
10. Provide opinions on feasibility studies of information systems that the bodies affiliated to the Ministry wish to obtain and work to provide them.
11. Prepare periodic reports on the Office's work flow.

Article (17)

The Technical Cooperation Office shall hold competence to perform the following:

1. Coordinate, cooperate, communicate, and prepare comprehensive reports with the competent department at the Ministry of Foreign Affairs and International Cooperation and respond to correspondence and inquiries received from it.
2. Communicate with international organisations and bodies related to the field of oil and gas manufacturing, monitor the decrees and recommendations issued thereby, and periodically provide it with data and information related to Ministry activities.
3. Keep up with scientific conferences and expositions related to oil manufacturing and propose Ministry participation therein.
4. Monitor everything related to foreign relations and Arab and international cooperation in the fields of oil and gas, in coordination with the competent bodies.
5. Prepare the programs for Ministry delegations participating in local and international conferences and gatherings, in coordination with the related parties with regard to the necessary arrangements for those participating in the name of the Ministry.
6. Propose Ministry delegations to participate in ministerial meetings in international organisations, prepare and coordinate for oil delegation visit programs that wish to visit the Ministry, monitor Ministry contributions to membership in international bodies and organisations, and study and assess new international organisations specialised in oil manufacturing to propose whether the Ministry should join them.
7. Establish a unified policy for the Ministry to participate in international exhibitions, workshops, symposiums, and conferences.
8. Prepare periodic reports on the Office's work flow.

Article (18)

The Public Relations and Media Office shall hold competence to perform the following:

1. Prepare for meetings of joint higher committees with fellow Arab countries and friendly countries and monitor the implementation of agreements and memoranda of understanding related to the Ministry's work.
2. Set the date for guest meetings, document the results of these encounters, and undertake procedures for media coverage of the activities.
3. Make the necessary arrangements for delegates on official business, in coordination with the competent bodies.
4. Provide relevant local and international publications, brochures, newspapers and magazines, and participate in technical and media preparation for the Ministry's technical and scientific expositions at home and abroad.
5. Make the necessary arrangements to participate in activities and meetings of Arab, regional, and international organisations related to the Ministry's work, in coordination with the competent bodies, and prepare the studies and research necessary to participate in the activities of said organisations.
6. Prepare and monitor the reports of delegations participating in the aforementioned meetings and make the necessary arrangements to implement any positive suggestions received thereby.
7. Update, cover news, and coordinate media work and Ministry events on the Ministry's website, and contribute to documenting news and preparing reports on the sector.
8. Prepare periodic reports on the Office's work flow.

Article (19)

The Ministry's internal regulations shall be issued in a decree from the Minister of Oil and Petroleum, in a manner consistent with the provisions of this Decree.

Article (20)

This Decree shall enter into force on the date of its issue and any provision that conflicts with those of this Decree shall be repealed. The concerned bodies shall enforce this Decree and it shall be published in the Official Gazette.

Cabinet - Libya

Issued on 14 Rabi' al-Awwal 1433 AH

Corresponding to: 6/2/2012 AD