قرار رقم (392) لسنة 2000 بشأن إنشاء جهاز حرس الحدود البرية

General People's Committee

Decree No. (392) of 1429 AH

on the establishment of the Land Border Guard

The General People's Committee

Upon review of:

• Law No. (1) of 1425 FBP on the work system of People's Congresses and People's Committees;
• Law No. (67) of 1972 AD on issuing the Customs Law;
• Law No. (68) of 1972 on custom guards;
• Law No. (55) of 1976 on civil service;
• Law No. (30) of 1977 on the municipal guard;
• Law No. (10) of 1992 on security and police;
• The conclusions of the committee formed by virtue of General People's Committee Decree No. (272) of 1428 FBP, amended by General People's Committee Decree No. (315) of 1428 FBP;
• Secretary General of the General People's Committee for Justice and Security Letter No. (6-30-571) of 22/March/1429 FBP;
• The approval of the Secretariat of the General People's Committee during its seventh regular meeting of 1429 FBP;

has decreed:

Article (1)

A Guard called the Land Border Guard affiliated with the Ministry of Defence shall be established in accordance with the provisions of this decree.

Article (2)

The main location and legal headquarters of the Guard shall temporarily be the city of Tripoli. A number of security sectors shall join it along Libya's land borders as delineated by a Ministry of Defence decree in coordination with the competent authorities.

Article (3)

The Guard shall bear responsibility for maintaining the safety and security of Libya's land crossings and borders. It will specifically have the following duties:

1. Provide security protection to land crossings along Libya's land borders and ensure the safety and security of movement along the border.
2. Detect and stop suspects and violators of laws, decrees, bylaws, and systems within the scope of the crossings, and take legal measures regarding them.
3. Provide security for citizens and other people during their entry into and exit from Libya.
4. Investigate and monitor land ports from all sides and combat acts of vandalism, smuggling, destructive activities, and land infiltration through the borders.
5. Make use of civil land capabilities and means to perform the duty of investigating, monitoring, and tracking relevant plans certified by competent bodies in this regard.
6. Coordinate with the competent bodies to carry out the following:
   1. Organize entry, exit, and other movements at border crossings.
   2. Detect and stop violators of environmental protection legislation along all land borders and crossings and take legal measures regarding them. Cooperate with competent bodies to combat pollution and protect the environment along these ports and borders.
7. Organise cooperation and coordination with the competent defence, security, judicial, and technical apparatuses.

Article (4)

The Guard shall work under the supervision and oversight of a committee called the Land Border and Crossings Security Committee. The committee shall be responsible for setting the Guard's general policy and overcoming any potential difficulties. It shall be composed of the following:

1. Representative from the Ministry of Defence as chairman
2. One or more representatives from the following bodies:
   1. General People's Committee for Justice and Public Security
   2. General People's Committee for Finance (Customs Authority)
   3. General People's Committee for Transportation and Transport
   4. General People's Committee for Health and Society Security
   5. General People's Committee for Agriculture
   6. General People's Committee for National Livestock as Members
   7. Control and Justice Body in the Ministry of Defence
   8. Related security apparatuses, as decided by the Ministry of Defence

Article (5)

The Guard shall have a president appointed by virtue of a Ministry of Defence decision. The president of the Guard shall have full authority to manage its affairs and exercise all competencies necessary for its achievement, specifically the following:

1. Draft regulations for organising financial, administrative, and technical affairs, as well as Guard employee affairs within the limits of legislation in force.
2. Prepare financial and administrative reports related to the Guard's work system.
3. Prepare the Guard's general budget and final account, and refer them to the Ministry of Defence.
4. Provide general supervision of the Guard, determine its executive programs and everything that may contribute to the execution of its assigned tasks.
5. Represent the Guard in its relations with others and before the judiciary.
6. Issue decisions related to the affairs of Guard employees.

Article (6)

The Guard's organisational structure shall be composed of several departments or offices determined by a Ministry of Defence decision on the basis of a proposal from the Guard president. The financial and administrative organising regulations for its tasks shall be issued in the same way.

Article (7)

The Guard may consult experienced and competent people for its work, as well as competent offices in order to carry out tasks that require specific experience in exchange for lump-sum bonuses that are determined by virtue of a decision by the Guard president.

Article (8)

The Guard shall have an independent budget prepared in accordance with the systems in force in the general administrative units. The budget and final account shall be certified by virtue of a Ministry of Defence decree.

Article (9)

The Guard's fiscal year shall begin and end with the beginning and end of the State's fiscal year. The Guard's first fiscal year shall begin from the date this decree goes into force and end with the end of the following fiscal year.

Article (10)

The General People's Committee for the Popular Oversight Authority shall inspect and audit the Guard's accounts in accordance with the provisions of Law No. (11) of 1425 AH on organising the Popular Oversight Authority.

Article (11)

By virtue of this decree, all moveable and immoveable assets used in activities that support the Guard's activities shall be transferred to the Guard. This shall include assets affiliated with the bodies that work along Libya's border crossings based on their rights and duties.

A decision issued by the Ministry of Defence shall determine the bodies to which the provisions of the previous paragraph apply, after coordination with specific public sectors and other related bodies.

Article (12)

Employees that are in the service at the time of this decree's issuance working in fields similar to the work of the Guard shall be assigned to the Guard based on the needs of work and with the same employment conditions, by decrees issued by the Secretariat of the Interim General Committee for Defence.

Article (13)

This decree shall enter into force from its date of issuance and shall be published in the Official Gazette.

General People's Committee - Libya

Issued on: 16/Rajab

Corresponding to: 26/October/1429 FBP