Law No. (13) of 2003 on approving certain provisions on the People’s Oversight and Inspection and cleansing

Law No. (13) of 1371 FDP

on approving certain provisions on the People’s Oversight and Inspection and cleansing

The General People’s Congress,

• In implementation of the resolutions of the Basic People’s Congresses in their annual session of 1370 FDP;

Upon review of:

• The Declaration on the Establishment of the Authority of the People;
• The Great Green Charter of Human Rights in the Jamahiriyan Era;
• Law No. (20) of 1991 AD on the promotion of freedom;
• Law No. (1) of 1369 FDP on on the People’s Congresses and the People’s Committees;
• Law No. (10) of 1423 FBP on cleansing and amendments thereto;
• Law No. (11) of 1425 FBP on reorganising the People’s Oversight, amended by Law No. (30) of 1369 FDP;

formulated the following Law:

Article (1)

Pursuant to this Law, an authority for financial and technical oversight shall be established called the Financial and Technical Oversight Authority. This Authority shall be an independent legal entity affiliated to the General People’s Congress.

The objective of this Authority shall be to achieve effective financial and technical oversight over all bodies set out in Article (5) of Law No. (11) of 1425 FBP on reorganising the People’s Oversight, amended by Law No. (30) of 1369 FDP. The Authority shall be managed by a General People’s Committee whose Secretary and Assistant Secretary shall be selected by the General People’s Congress. The Authority shall have all the competencies and powers entrusted to the General People’s Committee for the People’s Oversight and Inspection Agency, set out in Law No. (11) of 1425 FBP on reorganising the People’s Oversight, amended by Law No. (30) of 1369 FDP.

Article (2)

The Financial and Technical Oversight Authority shall exercise the competencies and authorities set out in Chapters (1) and (2) of Part (2) and Articles (5) bis, (15) bis, (71) and (78) of Law No. (11) of 1425 FBP on reorganising the People’s Oversight, amended by Law No. (30) of 1369 FDP.

Articles (77) bis (b) and (80) of the aforementioned Law shall also apply to the Authority.

The Secretary of the Authority’s General People’s Committee shall exercise the competencies and powers entrusted to the Secretary of the General People’s Committee of the People’s Oversight and Inspection Authority under Chapters (1) and (2) of Part (2) and Articles (34) and (79) of Law No. (11) of 1425 FBP on reorganising the People’s Oversight, amended by Law No. (30) of 1369 FDP.

Article (3)

The Authority shall hold competence to investigate financial violations in accordance with the competencies, rules and procedures set out in Chapter (4) of Law No. (11) of 1425 FBP amended by Law No. (30) of 1369 FDP.

Article (4)

The Financial and Technical Oversight Authority shall have an independent discretionary annual budget prepared at least three months prior to the beginning of the financial year. Its financial year shall commence at the beginning of the state’s fiscal year and end at the end thereof.

The Authority shall have one or more accounts opened at a bank operating in the Great Jamahiriya under a decision from the Secretary of the Authority’s General People’s Committee.

Article (5)

The Financial and Technical Oversight Authority shall perform the administrative oversight and investigation duties set out in the aforementioned Law No. (11) of 1425. It shall also exercise the competencies and powers assigned to the cleansing committees under the aforementioned Law No. (1) of 1423 FBP though a committee formed under a decree from the Secretary of the General People’s Committee of the People’s Oversight and Inspection Authority.

Article (6)

The expression “cleansing committees” shall replace the expression “the People’s Oversight and Inspection Authority” wherever found in the legislation in force. The Secretariat of the General People’s Congress shall issue the necessary decrees, regulations and forms to implement this Law, and the regulations, decrees and forms issued in implementation of the aforementioned Law No. (11) of 1425 FBP. Law No. (10) of 1423 FBP shall remain in force until any amendments or repeal thereof is issued.

Article (7)

Article (7) of the aforementioned Law No. (10) of 1423 FBP shall be repealed and any provision that conflicts with those of this Law shall also be repealed.

Article (8)

The provisions of Part (3) of Law No. (11) of 1425 FBP on reorganising the People’s Oversight shall apply to the members and employees placed to work at the Financial and Technical Oversight Authority. Such members and employees shall retain all benefits and allowances provided thereto under said Law, the implementing regulations thereof and the regulations and decrees issued pursuant thereto, until the law organising work at both of these authorities is issued.

Article (9)

The Secretary of the General People’s Committee for the People’s Oversight and Inspection Agency and the Secretary of the General People’s Committee for the Financial and Technical Oversight Authority shall take the measures necessary to transfer competencies and distribute workers and all assets between them, within a period of not more than three months from the date this Law is issued.

Article (10)

This Law shall come into force on the date of its issue, and shall be published in the Legal Register.

The General People’s Congress – Libya

Issued in Sirte

Corresponding to: 13 June 1371 FDP