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Part III: Executive Authorities: Control of the Security Sector

Decree No. (81) of 2008 on establishing the Ports and Maritime Transportation Department


General People’s Committee


Decree No. (81) of 1376 FDP 2008 AD


on establishing the Ports and Maritime Transport Authority


The General People’s Committee,

Upon review of:


has decreed:


Article (1)

Pursuant to this Decree, a general authority called the Ports and Maritime Transport Authority shall be established, which shall be a legal entity with financial autonomy subject to the supervision of the General People’s Committee for Communication and Transportation.

Article (2)

The Authority’s main headquarters shall be in the district of Jafara, Libya. Authority branches and offices may be established in Libya under a decree from the General People’s Committee for Communication and Transportation.


Article (3)

The Authority shall implement general policy in the field of ports and maritime transport and establish and supervise the implementation of the plans and programs necessary for such, in particular the following:

The provisions of this Article shall not prejudice the competencies assigned to the General Authority for Marine Resources.

Article (4)

The Authority shall be managed by an administrative board named under a decree from the General People’s Committee based on a proposal from the General People’s Committee for Communication and Transport.


Article (5)

The Authority’s administrative board shall hold competence to perform the following:

  1. Establish and monitor the implementation of the executive programs necessary to achieve the Authority’s goals, provide the requirements for such from local and foreign sources, and work to implement them.
  2. Prepare the draft organisational structure, the technical regulations governing work at the Authority, and its staffing and submit them to the competent bodies for issuance.
  3. Prepare the Authority’s estimated draft budget.
  4. Approve the Authority’s document cycle and the manner of circulating and registering it, the method of keeping documents, contracts, and important paperwork to ensure they are preserved, and submit that requiring approval to the secretary of the Authority’s administrative board.
  5. Present and propose entering into draft contracts and submit them in accordance with the legislation in force.
  6. Propose training plans to improve the efficiency of Authority workers.


Article (6)

The secretary of the Authority’s administrative board shall hold competence to perform the following:


Article (7)

The fees and royalties set out below shall be political fees and royalties and any others shall be service royalties and revenue:

  1. Fees:
  1. Port fees
  2. Docking fees
  3. Lighthouse fees
  4. Operating license fees
  5. Departure fees
  6. Observation fees
  1. Royalties:
  1. Dock royalties
  2. Oil pipe transit royalties.

The Authority shall levy the political fees and royalties set out in this Decree and send the proceeds thereof to the public treasury.


Article (8)

The Authority shall have an independent budget prepared in accordance with the accounting regulations. The Authority’s financial year shall commence with the start of the State’s fiscal year and end at the end thereof. The Authority’s first financial year shall commence from the date this Decree enters into force and end at the end of the following fiscal year.


Article (9)

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

    1. Amounts allocated thereto in the State’s general budget.
    2. Revenue from its activities and services.
    3. Any other resources that it is licensed to collect.


Article (10)

The Authority shall open one or more bank accounts at a bank operating in the Great Jamahiriya, in accordance with the legislation in force.


Article (11)

The Authority’s organisational structure shall consist of a number of departments and offices whose divisions and competencies shall be set out in a decree issued by the General People’s Committee for Communication and Transport, after coordinating with the General People’s Committee for Manpower, Training, and Employment.


Article (12)

The Socialist Ports Company and other companies and bodies shall engage in their activities in ports in accordance with their contract with the Ports and Maritime Transport Authority.

The Authority shall be authorised to enter into contracts for the stores, covered yards, parking spaces, restaurants, cafés, and passenger stations at ports with the bodies providing such services at the ports affiliated to the Authority.


Article (13)

The ports mentioned in List (1) attached hereto shall be affiliated to the Authority. The ports, wharves, and platforms mentioned in List (2) attached hereto shall be subject to Authority supervision, provided such not prejudice the competencies assigned to the bodies to which such ports are affiliated.


Article (14)

The Authority shall reorganise the ports affiliated thereto and appoint and determine the competencies of the directors thereof.

Article (15)

All rights and obligations related to the activities of the Marine Transport and Ports Department at the General People’s Committee for Communication and Transport shall be transferred to the Authority when this Decree enters into force. All budgetary allocations to said Department shall also transfer to the Authority. Current workers at the Marine Transport and Ports Department shall be transferred to work at the Ports and Maritime Transit Authority with the same job conditions. The Authority may also coordinate with National Centre for Training and Professional Development to meet its labour requirements.


Article (16)

The Financial Audit Authority’s General People’s Committee shall inspect and audit the Authority’s balance sheet in accordance with the law.


Article (17)

General People’s Committee Decree No. (280) of 1374 FBP approving certain provisions on ports and amendments thereto shall be repealed, and any provision contrary to those of this Decree shall be repealed.


Article (18)

This Decree shall enter into force on the date of its issuance. It shall be implemented by the competent bodies and published in the Legal Register.

The General People’s Committee – Libya


Issued on: 09 Safar


Corresponding to: 16/02/1376 FDP 2008 AD


List (1)


Attached to General People’s Committee Decree No. (81) of 1376 FDP

Ports affiliated to the Ports and Maritime Transport Authority:

1.

Tobruk Commercial Port

2.

Derna Commercial Port

3.

Benghazi Commercial Port

4.

Brega Commercial Port

5.

Ra’s Lanuf Commercial Port

6.

Sirte Commercial Port

7.

Al-Khums Commercial Port

8.

Tripoli Commercial Port

9.

Zuwara Commercial Port


List (2)


Attached to General People’s Committee Decree No. (81) of 1376 FDP


Ports, Wharves, and Platforms subject to the supervision of the Port
and Marine Transport Authority:

1.

Al-Hariqa Oil Port

2.

Al-Zueitina Oil Port

3.

Brega Industrial Port

4.

Al-Sidra Oil Port

5.

Ra’s Lanuf Oil Port

6.

Misrata Commercial Port

7.

Iron and Steel [Company] Port

8.

Al-Zawiya Oil Port

9.

Mellitah Port

10.

Khoms Steam Power Plant platform

11.

Derna Steam Power Plant platform

12.

Abu Kammash wharf

13.

Ra’s Al-Maqar wharf

14.

Bouri Field platform

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