Law No. (64) of 1957 on State Security

State Security Law

No. (64) of 1957

We, Idriss I, King of the United Kingdom of Libya, the Senate and the Cabinet decided the following law and we ratified and issued it:

Article (1)

The expressions contained in this law shall have the following meanings, unless the context indicates otherwise.

1. The word “person” shall include individuals, companies, associations, unions, organisations and any other group of individuals that are associated for the achievement of a particular objective.
2. The expression “foreign entities” shall include:

1. The government of any foreign country or any foreign political party.
2. Any of the entities or groups indicated in Paragraph (1) that is formed pursuant to the law of a foreign country or uses this foreign country as the main centre for its activities.
3. Any individual that is directed, funded by, affected by or connected, whether in whole or in party, to any foreign entity, according to the definition stipulated in this article, Clauses (1) and (2), Paragraph (b).

1. The expression “working on behalf of a foreign entity” shall include:

1. Any person that serves a foreign entity or acts as an agent or representative thereof, or considers himself to be the servant, agent or representative thereof, inside the United Kingdom of Libya.
2. Any person that collects information or sends reports on behalf of a foreign country inside the United Kingdom of Libya, accepts money or other valuable items as a donation or loan from a foreign country, requests or collects such items on behalf thereof, or acts on behalf thereof, whether directly or indirectly.

Article (2)

1. Persons may only “work on behalf of a foreign entity” if a complete and actual declaration statement has been submitted to the Minister of Justice, according to the conditions prescribed in this article, on the form prescribed by the Minister. This shall be the case as long as the person is not exempt from declaration pursuant to the provisions of Article (3).

The said declaration statement shall include all of the following information in relation to the person submitting the same:

1. The person’s name, main centre of activity, and addresses of any places of residence or centres of work thereof in Libya or in any other place.
2. The person’s nationality, marital status, and if the person is a company or association, union, organisation or any other group of individuals mentioned in Clause (a), Paragraph (1), the name, nationality and address of place of residence of every partner, director and employee must also be indicated. A complete and valid copy of the law, charter, constitution or regulations thereof shall also be submitted.
3. A complete detailed report on the facets of the activity thereof, including the name and address or every entity for which the person from which the declaration is required works.
4. A copy of every written agreement, as well as the texts and provisions of every spoken agreement made by the declarant pursuant thereto on behalf of the foreign entity. If this agreement does not exist, then a complete statement detailing the circumstances that necessitated that this person work on behalf of a foreign entity.
5. The nature and extent of donations and means of revenue, whether in cash or other valuable items, received from the foreign entity during the last sixty days.
6. A detailed statement of the money and other valuable items spent or used by the person during the last sixty days in relation to the purposes requiring declaration or the functions performed in his capacity of working for a foreign entity, for himself, or on behalf of another person.

Article (3)

The provisions of Article (2) shall not apply to the following workers on behalf of foreign entities:

1. Foreign diplomatic or consular delegates approved by the United Kingdom of Libya and foreign government personnel recognised by the Libyan government during their undertaking of the functions considered by the Libyan government to be within the framework of their duties.
2. Employees and workers of international diplomatic and consular delegates approved by the United Kingdom of Libya during their undertaking of the functions considered by the Libyan government to be within the framework of their duties.
3. Every person that avoids politics and devotes himself in good faith to working in his personal financial, commercial or other affairs that help in strengthening the commerce of the foreign entities on behalf of which he works.
4. Every person that devotes himself in good faith to working to support the school, university, scientific or fine arts purposes of the foreign entity on behalf of which he works.

Article (4)

Every person working on behalf of a foreign entity that was declared under the provisions of Article (2) shall maintain, during the period of his work on behalf of this entity, accounting ledgers and other records containing the details of his activities and facets of his work. These ledgers and records shall be subject to any control deemed necessary by the Minister of Justice to implement the provisions of this law, which shall be imposed by virtue of a decree issued thereby for the sake of public interest. The worker shall be ready to show these ledgers and records for a period of three years after the completion of his duties.

The said ledgers and records must be subject to inspection at reasonable times by any employee appointed to implement the provisions of this law. Persons shall be prohibited from intentionally concealing, destroying, changing or falsifying any of the said ledgers or records.

Article (5)

Libyans shall be prohibited from accepting any position or service with or for a foreign government or institution subordinate thereto, or other institutions established pursuant to international treaties or conventions, until after obtaining permission therefor from the Minister of Justice.

This permission must be obtained regardless of whether the said position or service does or does not include monetary or other compensation. Each person currently undertaking such a position or service shall submit the permission request stipulated in this law within three months from the date of this law’s entry into force.

The Minister of Justice may not withhold permission from the applicant, except if sufficient evidence is found the believe that the applicant’s undertaking of the position or service would threaten or endanger the interior or foreign security of the country.

Article (6)

1. Every person working on behalf of a foreign entity that undertakes, or is the reason for the undertaking of sending any political advertisement through Libyan post, whether in the form of publications or any other form prepared or intended for distribution among two or more persons, shall submit a copy of the said letters to the Minister of Justice within 48 hours from the first sending. Attached thereto shall be a declaration signed thereby or by a representative thereof containing the necessary clarifications on the sending dates, the scope thereof, and the places covered thereby.
2. Persons working on behalf of a foreign entity may not send any political advertisement through Libyan Post or work on the basis thereof, whether in the form of publications or any other form prepared or intended for distribution among two or more persons, without attaching thereto, or clearly indicating at the beginning thereof, a written statement in the language or languages used in the advertisement indicating that the person sending the advertisement is registered with the Minister of Justice in accordance with the provisions of the law under the classification of working on behalf of a foreign entity. The statement shall include the name and address of the worker, as well as the address of each of the foreign entities on behalf of which he works.

Article (7)

Persons may not establish or manage political espionage activity, or use or support others in this activity, nor may they support the management thereof or use any person therein, with the intention of benefiting any foreign entity and harming any person residing in Libya.

Article (8)

Libyan entities may not accept any form of supplies, donations, loans or material assistance from a foreign government or a representative thereof, except after obtaining permission therefor from the Minister of Justice.

Article (9)

1. Anyone that violates any of the provisions of Articles (2), (4), (5) or (6) shall be sentenced to imprisonment for a period of no more than one year and a fine of no more than 100 LYD, or both penalties together.
2. Anyone that violates the provisions of Articles (7) or (8) shall be sentenced to imprisonment or a fine of no more than 200 LYD or both penalties together.

Article (10)

The Minister of Justice shall implement this law. It shall enter into force from its date of publication in the Official Gazette.

Idriss – Libya

Issued in the Dar al-Salam Palace

Issued on: 28 Dhu al-Qaada 1376 AH

Corresponding to: 26 June 1957 AD

Abdelhamid Atia al-Dibani

Minister of Justice

Abdul Majid Kaabar

Prime Minister