Decree No. (489) of 2009 on establishing the National Authority for Monitoring the Implementation of the Chemical Weapons Convention in the Great Jamahiriya, and adopting certain provisions

General People’s Committee

Decree No. (489) of 1377 FDP (2009 AD)

establishing the National Authority for Monitoring the Implementation

of the Chemical Weapons Convention in the Great Jamahiriya

The General People’s Committee,

Upon review of:

• Law No. (1) of 1375 FDP on on the rules of procedure of the People’s Congresses and the People’s Committees, and the implementing regulations thereof;
• Law No. (8) of 1973 AD banning oil pollution in marine waters;
• Law No. (106) of 1973 AD issuing the Health Law and the implementing regulations thereof;
• Law No. (7) of 1981 AD on possessing weapons, munitions, and explosives;
• Law No. (2) of 1982 AD on the uses of ionizing radiation and protecting from the risks thereof;
• Law No. (15) of 1371 FDP on protecting and improving the environment;
• Law No. (18) of 1371 FDP ratifying the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction;
• Based on General People’s Committee for Foreign Liaison and International Cooperation Letter No. (212/880) dated 20/05/2009 AD;
• The decrees issued by the General People’s Committee in its twenty-second ordinary meeting of 1377 FDP;

has decreed:

Article (1)

An authority called the National Authority for Monitoring the Implementation of the Chemical Weapons Convention in the Great Jamahiriya shall be established. This Authority shall be a legal entity, have financial autonomy, and shall be subordinate to the Ministry of Defence.

Article (2)

The Authority’s headquarters shall be in the city of Tripoli. The Authority’s managing committee may establish branches and offices domestically, pursuant to a decree issued thereby.

Article (3)

The goal of the Authority shall be to control, regulate, and monitor the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, as well as to spread awareness among members of society, whether in the public or private sector, on the dangers and harms of chemical weapons, the necessary means of prevention and protection, and ways of dealing with them.

Article (4)

The Authority shall hold competence to perform the following:

1. Supervise the implementation of the Convention referred to in Article (3) of this Decree and legislation issued in this regard.
2. Collect the data required for the first declaration and the annual declarations and report it to the Organisation.
3. Provide the relevant data and information set out in the Convention and this Decree to the Organisation and cooperate with States Parties.
4. Facilitate the inspection activities conducted pursuant to the Convention and the legislation issued thereon, and cooperate with Organisation inspectors, including accompanying them during the various inspections.
5. Provide advice to the competent entities with regard to issues related to the aforementioned Convention and this Decree, and provide information that might be requested by these bodies and determine the confidentiality level.
6. Regulate the import and export of chemicals related to the Convention.
7. Issue licenses for the Authority’s areas of jurisdiction and the value of the fees due therefor.
8. Communicate with the Organisation and States Parties and help Libya benefit from the services provided by the Organisation.
1. Any other duties assigned thereto by the competent bodies.

Article (5)

The Authority shall be run by a managing committee named under a decree issued by the General People’s Committee, based on a submission from the Minister of Defence. The committee shall contain delegates from the relevant bodies in defence, foreign, national security, environment, and customs affairs and other bodies related to the Convention. The remuneration of the secretary and members of the managing committee shall be set pursuant to a decree from the Minister of Defence.

Article (6)

The managing committee shall hold competence to perform the following:

1. Set out the Authority’s general policy in accordance with its objectives.
2. Approve the Authority’s annual work programs.
3. Approve the balance sheet and the draft budget and forward it to the competent bodies.
4. Prepare the regulations related to the Authority’s work, which shall be submitted by the secretary of the managing committee and transferred to the Ministry of Defence for approval.
5. Accept aid, gifts, and donations presented to the Authority.
6. The competencies assigned to the managing committee under the legislation in force.

Article (7)

Meetings of the Authority’s managing committee shall be as follows:

1. Meetings of the Authority’s managing committee shall be presided over by the secretary, who, when absent, shall be replaced by the committee member following them in the decree forming the committee. If such member is unable to attend, the committee members shall select someone to preside over the meeting, who shall have the powers of the secretary during the meeting.
2. Decisions and recommendations shall be issued by majority vote of the members and those present.
3. Each member of the Authority shall have one vote. In the event of a tie, the secretary shall have the casting vote.
4. The committee shall meet at least once every three months and whenever deemed necessary. Committee meetings shall be held in the location determined thereby.
5. The managing committee may seek the assistance of anyone they deem necessary. Such person shall not have the right to vote.
6. The managing committee shall draft internal regulations for its work.

Article (8)

The secretary of the Authority’s managing committee shall be responsible for facilitating its technical, administrative, and financial work, and for supervision and coordination of the organisational divisions in accordance with the Authority’s regulations and decrees and related legislation. In particular, the secretary may undertake the following:

1. Represent the Authority in its relations with third parties and before the judiciary and other bodies.
2. Monitor implementation of the decrees of the Authority’s managing board and any measures taken thereby.
3. Propose the plans and programs necessary to achieve the Authority’s goals and submit them to the managing committee.
4. Sign contracts and agreements entered into by the Authority and other bodies, after approval by the managing committee.
5. Issue deployment decisions for official business in accordance with the legislation in force.
6. Prepare the draft budget and balance sheet and submit them to the managing committee.
7. Propose draft personnel and refer it for approval.
8. Conduct the functional affairs related to the Authority’s work in accordance with the legislation in force.
1. Issue orders to disburse amounts entered into the general budget.
10. Prepare periodic reports on the Authority’s activities and submit them to the managing committee and related bodies.

Article (9)

A number of employees shall join the Authority in accordance with the approved personnel. The Authority’s organisational structure and regulations shall set out the nature of their jobs and competencies, in accordance with the legislation in force.

A number of those persons working at the Authority may have the capacity of judicial police officers, in accordance with the legislation in force.

Article (10)

The Authority shall have an independent budget entered into the State’s general budget. The Authority’s fiscal year shall begin with the start of the State’s fiscal year and end at the end thereof.

The Authority’s first fiscal year shall commence from the date this Decree enters into force and end at the end of the following fiscal year.

Article (11)

The Authority’s financial resources shall consist of:

1. Amounts allocated thereto in the State’s general budget.
2. Gifts and grants that are accepted by the Authority and are consistent with its goals.
3. Any other revenue earned by the Authority from its activities.

Article (12)

The Authority shall have an organisational structure and administrative, financial, and technical regulations approved pursuant to a decree from the Minister of Defence, based on a submission from the secretary of the Authority’s managing committee.

Article (13)

No legal entity or natural person may perform any of the following activities:

1. Manufacture or develop chemical weapons, or obtain them in any manner, or stockpile, own, possess, keep, or transport such, directly or indirectly, to any location.
2. Use chemical weapons.
3. Undertake any military preparations to use chemical weapons.
4. Assist, encourage, or urge anyone in any manner to undertake any of the activities prohibited for States Parties pursuant to the Convention.
5. Use riot control agents for purposes other than those for which they were designed.

Article (14)

No legal entity or natural person may perform any of the following activities:

1. Produce or possess the chemicals listed in Schedule (1) annexed to the Convention or keep or use such outside the territory of States Parties or transport these chemicals outside Libyan territory to a state that is not party to the Convention.
2. Produce chemicals listed in Schedule (1) annexed to the Convention or possess, keep, transport, or use such, other than for the purposes set out in Part (6), paragraph (a), paragraph (2) of the Convention’s Annex on Verification.
3. Re-transport chemicals on Schedule (1) annexed to the Convention.
4. Transport the chemicals listed in Schedule (1) annexed to the Convention, unless the specific transportation operation is in conformity with Part (6), paragraph (b) of the Convention’s Annex on Verification.
5. Produce chemicals on Schedule (1) annexed to the Convention for the purposes set out in Part (6) paragraph (c) of the Convention’s Annex on Verification.
6. Transport any of the chemicals listed in Schedule (2) annexed to the Convention to a state that is not party to the Convention.
7. Transport any of the chemicals listed in Schedule (3) annexed to the Convention to a state that is not party to the Convention, unless the specific transportation operation is in conformity with Part (8), paragraph (c) of the Convention’s Annex on Verification.

Article (15)

Without prejudice to the Convention’s provisions, any legal entity or natural person shall be prohibited from performing any of the following activities without obtaining a license from the competent bodies and prior approval from the Authority:

1. Export, import, transport, stockpile, manufacture, exchange, possess, or use the chemicals attached to the Annex on Verification.
2. Establish factories, laboratories, or warehouses for the activities set out in paragraph (a).

Article (16)

License-issuing bodies must keep a record of all licenses issued in accordance with this Decree, and notify the Authority periodically of the licenses issued thereby.

Article (17)

In accordance with the provisions of the preceding Article, licensees must abide by the following:

1. Keep a record of all activities they engage in. The decrees and regulations issued by the Authority shall specify the data and information that must be recorded in this register.
2. Notify the Authority periodically of the chemicals used, how they were used, the bodies that used them, and the remaining quantities thereof.

In all cases, licensees are prohibited from using the chemicals provided other than for the purposes for which they were provided

Article (18)

Any natural person or legal entity responsible for a facility subject to this Decree must facilitate inspection activities in accordance with Articles (4), (5), (6), and (7) of the Convention, which shall be performed by the Organisation for the Prohibition of Chemical Weapons, in accordance with the Convention.

Article (19)

No natural person or legal entity may disclose, directly or indirectly, any confidential information related to the implementation of the Convention, received by Libya from another States Party or the Organisation for the Prohibition of Chemical Weapons.

Article (20)

This Decree shall enter into force on its date of issuance, and it shall be implemented by the competent bodies.

The General People’s Committee – Libya

Issued on: 15 Dhu al-Qaada

Corresponding to: 29/10/1377 FDP (2009 AD)