Decree No. (170) of 1993 on establishing the Ports and Maritime Transport Authority

The General People’s Committee

Decree No. (170) of 1993 AD

on Establishing the Libyan Ports

and Maritime Transport Authority

 

The General People’s Committee,
Upon review of:

• The State Financial System Law;
• Law No. (53) of 1970 AD concerning Port Fees;
• Law No. (66) of 1976 AD on Masters, Navigation Officers, Naval Engineers

Aboard Merchant Ships and Maritime Pilots at Ports and Sea Lanes;

• Law No. (33) of 1975 AD on Establishing the General National Maritime Transport Company (GNMTC);
• Law No. (79) of 1979 AD on the Audit Bureau;
• Law No. (55) of 1976 AD on the Civil Service, as amended;
• Law No. (15) of 1981 AD On the Salary System of National Workers

in the Socialist People’s Libyan Arab Jamahiriya;

• Law No. (4) of 1985 AD on Travel Documents;
• Law No. (21) of 1985 AD on Establishing the Socialist Ports Company;
• Law No. (13) of 1990 AD on the People’s Committees;
• Law No. (16) of 1992 AD on the Administrative Structure;
• Law No. (18) of 1992 AD on Security, Order and Discipline Aboard Ships;
• General People’s Congress Resolution No. (4) of 1992 AD on the Reorganization of

Specialized General People’s Committees, as amended;

• The General People’s Committee Decree No. (814) of 1981 AD on Establishing the Towage,

Salvage & Marine Services Company;

• The General People’s Committee Decree No. (154) of 1992 AD on Establishing the Libyan Chamber

of Shipping; and

• The General People’s Committee Decree No. (876) of 1992 AD on Organizing the Secretariat of the

People’s Committee for Utilities, Tourism and Transportation, and

• Based on the submission of the Secretary of the General People’s Committee for Utilities, Tourism and Transportation

in his Letter No. (505) dated 20 Rajab 1402 FDP, corresponding to 14/01/1993 AD; and

• The approval provided by the General People’s Committee in its first ordinary meeting in 1993 AD,

 

has decreed the following:

 

Article (1)

By virtue of the this Decree, a public authority called the “Libyan Ports and Maritime Transport Authority” (the “Authority”) shall be established with an independent legal personality and financial liability under the supervision of the Secretariat of the General People’s Committee for Utilities, Tourism and Transportation.

 

Article (2)

The headquarters of the Authority and its (temporary) legal domicile shall be located in the City of (Tripoli). Without prejudice to this Decree, the Authority may establish branches or offices across the Great Jamahiriya by a decree of the Secretary of the General People’s Committee for Utilities, Tourism and Transportation, based on a proposal by the Authority’s Management Committee. Such Decree shall identify the headquarters, mandates and jurisdiction of such branches or offices.

 

Article (3)

The Authority shall be in charge of implementing the general policy of maritime transport and commercial ports and lighthouses, developing the required plans and programs and supervising the implementation thereof. 

In particular, the Authority shall: 

a. Establish, develop and maintain commercial ports; 

b. Set rules for maritime transport and protection of the marine environment from pollution, study the relevant international treaties, and propose accession thereto; 

c. Issue maritime passports and port work permits; 

d. Grant ships and pontoons licenses and authorization certificates and set the relevant rules; 

e. Grant eligibility certificates to naval officers and engineers; 

f. Implement applicable port and maritime transport legislations; and 

g. Undertake any other mandates assigned thereto by the legislations in force.

 

Article (4)

The entities named below shall be affiliated with the Libyan Ports and Maritime Transport Authority: 

1. The Socialist Ports Company; 

2. The General National Maritime Transport Company (GNMTC); 

 3. The Towage, Salvage & Marine Services Company; 

4. The Academy of Maritime Studies; 

5. The Libyan Chamber of Shipping; and 

6. The joint ventures headquartered in the Great Jamahiriya. 

The Libyan Ports and Maritime Transport Authority shall act as the General Assembly of the companies affiliated therewith, and shall assume all the functions assigned to general assemblies, while giving due consideration to the provisions of the legislations regulating joint ventures.

 

Article (5)

The management of the Authority shall be assumed by a management committee consisting of a secretary and four members having the required expertise and competency. Such committee shall be formed by a decree of the Secretary of the General People’s Committee for Utilities, Tourism and Transportation.

 

Article (6)

The Authority’s Management Committee shall have the widest powers to manage the Authority’s affairs and perform the work required to achieve its purposes. In particular, the Management Committee shall: 

a. Implement the general policy approved for the Authority; 

b. Propose bylaws to regulate the Authority’s affairs and organizational structure, in accordance with the legislation in force. However, such bylaws may enter into force only after being approved by the Secretary of the General People’s Committee for Utilities, Tourism and Transportation; and 

c. Take the necessary actions to develop the performance of the Authority’s employees.

 

Article (7)

The Management Committee may delegate a certain task to the Secretary or a member thereof. 

The bylaws of the Authority shall set out the work mechanism of the Management Committee and how the meetings thereof shall be convened.

 

Article (8)

The Secretary of the Authority’s Management Committee shall undertake the Authority’s management and affairs and supervise work progress and staff members. In particular, the Secretary shall undertake the following mandates: 

a. Implement the Management Committee’s decisions and taking the necessary action in this regard; 

b. Supervise and monitor all the Authority’s departments, divisions and staff members, and take decisions to regulate their affairs in accordance with the Authority’s bylaws; 

c. Prepare the Authority’s estimated and general budgets and final accounts, and present the same to the Management Committee; 

d. Submit periodic reports on the Authority’s activities to various entities, as required; and 

e. Represent the Authority in its relations with third parties and before judicial authorities.

 

Article (9)

The organizational structure of the Authority shall consist of several departments and offices, as set out in the Corporation Bylaws, which shall further identify their functions and organize their relationships.

 

Article (10)

The Authority shall have an independent budget to be included in the State budget, and its operating budget shall be financed by the companies and units affiliated therewith.

 

Article (11)

The financial year of the Authority shall commence with the beginning of the State’s financial year and shall end upon the end of the same. However, the Authority’s first financial year shall begin as of the enforcement date of this Decree and shall end at the end of the next financial year.

 

Article (12)

The General People’s Committee for People’s Monitoring and Follow-up shall undertake the examination and audit of the Authority’s accounts, pursuant to the provisions of the aforesaid Law No. (79) of 1975 AD.

 

Article (13)

The personnel of the Secretariat of the General People’s Committee for Utilities, Tourism and Transportation whose scope of work is in line with the Authority’s activity shall be transferred to the Authority by virtue of a decree of the Secretary of the General People’s Committee.

 

Article (14)

The bylaws of the Authority shall be issued by a Decree of the Secretary of the General People’s Committee for Utilities, Tourism and Transportation, without prejudice to the provisions of this Decree.

 

Article (15)

This Decree shall enter into force as of the date of its issuance and shall be published in the official gazette.

 

The General People’s Committee

Issued on 13 Ramadan 1402 FDP

Corresponding to 6 March 1993 AD