Decree No. (130) of 2012 on organising the General Authority for Tourism and Antiquities

Cabinet

Decree No. (130) of 2012 AD

on organising the General Authority for Tourism and Antiquities

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. (3) of 1994 AD on protecting antiquities, museums, ancient cities, and historical buildings and the implementing regulations thereof;
• Law No. (7) of 2004 AD on tourism and the implementing regulations thereof;
• The statement on the Declaration of the Establishment of the National Transitional Council;
• The rules of procedure of the National Transitional Council;
• National Transitional Council Decree No. (178) of 2011 AD approving bodies affiliated to the transitional government;
• Cabinet Decree No. (122) of 2012 AD approving a provision on the General Administration for Tourism and Traditional Industries;
• (Former) General People’s Committee Decree No. (87) of 2007 AD establishing the National Authority for Tourism and Traditional industries;
• (Former) General People’s Committee Decree No. (630) of 2007 AD reorganising the Antiquities Authority;
• The minutes of the Cabinet’s eleventh ordinary meeting of 2012 AD;

has decreed:

Article (1)

The General Authority for Tourism and Antiquities established under the aforementioned National Transitional Council Decree No. (178) of 2011 AD shall be organised in accordance with this Decree.

Article (2)

The General Authority for Tourism and Antiquities shall be a legal entity with financial autonomy affiliated to the Cabinet.

Article (3)

The Authority’s main headquarters shall be in Tripoli and branches thereof may be established in the cities requiring such, pursuant to a decree from the Authority’s board of directors.

Article (4)

The Authority shall undertake the following in particular:

1. Establish and work to approve the State’s policies and strategies in the area of tourism and antiquities.
2. Monitor the implementation of the general policy on tourist traffic in Libya and establish the implementing plans and programs for such.
3. Approve the transitional plans, programs, and projects for tourism and antiquities, in coordination with the related bodies, and supervise the implementation thereof in cooperation with the bodies affiliated thereto.
4. Approve economic and social studies on tourism and antiquities to remove obstacles and find solutions to the problems encountered in Libya.
5. Monitor the bodies concerned with preparing the lands and areas targeted for tourism development and monitor the implementation of tourism plans, without prejudice to the competencies of the bodies related to allocation, planning, and investment.
6. Develop awareness among citizens of the importance of tourism as a resource of the national economy and a means of strengthening social cohesion among citizens and enhance support for cooperation with the peoples of the world.
7. Approve qualification plans and programs, increase the capacity of national elements in the area of tourism and hotel services and other services needed for tourism, and establish the plans and programs necessary for such, in coordination with the related bodies.
8. Work to encourage and revitalise domestic tourism and support programs for such, encourage international tourism, and adopt the necessary measures to facilitate tourist visits to Libya, provide security and safety for tourists through the bodies affiliated to the Authority, in coordination with the related bodies.
9. Work to establish the conditions, controls, and standards required to engage in economic activities in tourism and monitor such in coordination with the related bodies.
10. Establish the controls necessary to classify and evaluate residential, service, and tourist facilities and instruments for engaging in economic activity in the field of tourism and monitor the granting of the necessary approvals for issuance of licenses, in coordination with the related bodies.
11. Contribute to the development and improvement of relations with fellow Arab countries and friendly countries and regional and international organisations and bodies in tourism and antiquities, propose agreements and cooperation programs, and work to implement them.
12. Propose plans to protect, secure, and preserve tourist and antiquities facilities and participate in establishing security plans in coordination with the Ministry of Interior.
13. Exchange information with counterpart bodies abroad in the area of securing and protecting tourist attractions and archaeological sites and facilities as well as tourism flow.
14. Monitor interest in traditional industry and promote, support, encourage, and work to develop and preserve it, monitor the quality thereof, and propose the legislation and regulations necessary to protect traditional industries.
15. Work to establish the programs necessary to care for national parks and make them places of leisure and recreation for families and individuals.
16. The Authority shall implement the general policy in the area of protecting the antiquities, museums, and historical buildings set out in the legislation in force, and shall prepare the plans and programs necessary for such, in coordination with the bodies related to the implementation of such policy, in accordance with the rules set out in the legislation in force.
17. Exercise the competencies related to tourism and antiquities set out in this Decree and the legislation in force.

Article (5)

The Authority shall be managed by a board of directors consisting of a chairman and four members. The board shall be formed and shall exercise its competencies pursuant to the legislation in force. A Cabinet decision shall be issued forming said board.

Article (6)

The Authority’s board of directors shall have broad powers to run and manage the Authority’s activities and implement the plans and programs necessary to achieve its goals. It may undertake the following in particular:

1. Approve academic programs and studies and research related to tourism and the preservation of antiquities.
2. Propose the draft budget and prepare the annual budgets and balance sheets for the Authority and the bodies affiliated thereto.
3. Propose the naming of the persons managing the bodies affiliated to the Authority.
4. Propose the regulations and decrees organising work at the Authority and the bodies affiliated thereto.
5. Establish plans and programs on the Authority’s work and adopt the procedures necessary to supply its needs and improve its performance level.
6. Issue the internal regulations of the Authority and the bodies affiliated thereto, in conformity with the legislation in force.
7. Organise seminars and training and academic courses in the area of protecting tourism and antiquities through the bodies affiliated thereto and in coordination with the related bodies.
8. Undertake the necessary procedures to preserve the Authority’s assets.

Board decisions on the matters set out in clause (2) and (3) above shall not enter into force until approved by the Cabinet.

Article (7)

The chairman of the Authority’s board of directors shall hold competence to perform the following:

1. Supervise the Authority’s workflow.
2. Sign contracts and decisions adopted by the Authority and undertake the necessary procedures to implement them.
3. Represent the Authority in its relations with third parties and before the courts.
4. Prepare the agenda for the board’s meeting and implement the resolutions thereof.
5. Prepare the budget and balance sheet for submission to the board of directors.
6. Prepare the Authority’s regulations for submission to the board of directors.
7. Form academic research committees and work groups and select those sought out for assistance.
8. Prepare periodic and non-periodic reports on the Authority’s operation and any works requested therefrom for submission to the board of directors and the competent bodies.
9. Exercise the competencies related to Authority employees and collaborators.
10. Directly supervise the workflow of the Authority and the bodies affiliated thereto.
11. Other matters in which it holds competence under the legislation in force.

Article (8)

The Authority shall have an independent budget prepared in accordance with the accounting systems in place. The Authority’s financial year shall begin with the beginning of the fiscal year and end at the end thereof. The budget shall be prepared at least three months before the end of the financial year.

Article (9)

The Authority’s financial resources shall consist of the following:

1. Allocations entered into the State’s general budget.
2. Donations, gifts, and bequeathals approved by the board of directors, in accordance with the legislation in force.

Article (10)

The Authority shall have one or more bank accounts at a bank operating in Libya into which its funds shall be deposited. Its revenue shall be transferred to the public treasury in accordance with the legislation in force.

Article (11)

The following bodies shall be affiliated to the Authority:

1. Department of Antiquities
2. Department of Tourism

Article (12)

The Authority’s organisational structure shall be issued under a decree from the Cabinet, based on a proposal from the chairman of the Authority’s board of directors.

Article (13)

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

The Cabinet – Libya

Issued on 2 Jumada al-Oula 1433 AH

Corresponding to 25/03/2012 AD