Law No. (68) of 1972 on customs guards

Law No. (68) of 1972

on the Customs Guards

In the name of the people

The Revolutionary Command Council
:

Upon review of:

• The Constitutional Declaration issued on 2 Shawwal 1389 AH, corresponding to 11 December 1969 AD;
• Customs Law No. (19) of 1954, amended by Law No. (3) of 1965;
• Law No. (3) of 1963 on the Customs Guards, amended by Law No. (93) of 1970;
• The Retirement Law issued on 17 Dhu al-Hijja 1386 AH, corresponding to 28 March 1967, and its amending laws;
• Law No. (19) of 1964 issuing the Civil Service Law;
• Law No. (62) of 1971 on the equality of leave entitlements;
• Law No. (116) of 1970 on the Central Authority for Public Administrative Control;
• And based on the proposal of the Minister of Finance and the approval of the Cabinet.

issued the following law:

Title (1)

Customs Guards Authority, its Formation, Competencies, and Organisation

Part (1)

Customs Guards Authority, Formation, and Competencies

Chapter (1)

Customs Guards Authority and Formation

Article (1)

The Customs Guards shall be a statutory civil authority subordinate to the General Administration of Customs.

Article (2)

The Customs Guards Authority shall be composed of:

1. Customs Guards officers.
2. Customs Guards non-commissioned officers.
3. Customs Guards privates.

Chapter (2)

Competencies of the Customs Guards Authority

Article (3)

The Customs Guards Authority shall be responsible for the following:

1. Protect the country’s economy and revenues within its competencies.
2. Guard all land and sea customs posts and departments and customs warehouses.
3. Fight smuggling and narcotics.
4. Implement and monitor the application of the provisions of customs and production laws, the Israel boycott law, and the regulations and decrees issued pursuant thereto.
5. The Customs Guards Authority may, within its competencies, collect customs duties, production taxes, and other fees.
6. Implement all laws and decrees pertaining to customs, production, and other tasks, as provided for by laws and regulations.

Article (4)

The Customs Guards employee may use force, without using firearms, to the extent necessary to perform his duty, provided use of force is the only means possible. Using firearms shall be limited to the following cases:

1. If the Customs Guards employee is being attacked by a person or persons and his life is in danger and there is no other way to remove himself or others from danger.
2. If he is ordered to arrest a person who tried to escape and used force, amid serious evidence that the latter is in possession of contraband goods or currency that shall be confiscated under the Customs Act or any other law.
3. In order to arrest a person or prevent the escape of a person against whom there is serious evidence that he committed a serious crime detrimental to the country’s economy.
4. If a person escapes who had already been arrested and it became difficult to re-arrest him by any means but the use of firearms.
5. To capture any suspect against whom an arrest order was issued, in the event he resists or tries to escape.
6. In all previous cases, opening fire shall be the only way possible to achieve the foregoing objectives. The Customs Guards employee shall begin, as much as possible, by warning that he will fire his weapon, then resort to opening fire.

A decree from the Minister shall regulate the authorities that may issue orders to shoot, the means that shall be followed in all cases, and the mode of warning.

Article (5)

The organisational structure of the Customs Guards bodies shall be as follows:

First: The Minister

He shall be the supreme chief of the Customs Guards Authority and shall issue the decrees necessary to organise its affairs and inspect its work and other decrees necessary to implement the provisions of this Law, with the exception of the matters this Law entrusted to other entities.

Second: The Deputy Minister

Under the supervision of the Minister, he shall be responsible for issuing orders and instructions governing the workflow in the bodies of the Customs Guards Authority.

Third: The Director General

He shall directly oversee the bodies of the Customs Guards Authority and shall be responsible for issuing standing orders and instructions governing the workflow and performance of duties by customs guards and inspecting and monitoring their work, as per the decrees and regulations issued by the Minister or Deputy Minister.

Fourth: Department Director of the Customs Guards Authority:

He shall undertake the direct supervision of the bodies of the Customs Guards Authority and his competencies shall be determined by virtue of a decree by the Minister.

Fifth: Customs Guards Directorates:

Directorates shall be established for the Customs Guards. Their competencies shall be determined by virtue of a decree by the Minister, as shall be the customs posts and checkpoints that shall be subordinate to each directorate.

Article (6)

The Director of the Customs Guards Authority shall be appointed from among officers by virtue of a Cabinet decree, at the recommendation of the Minister. Directors of directorates shall be appointed from among officers by virtue of a decree from the Minister, at the recommendation of the Deputy Minister. Directors of directorates shall exercise the authority of a department head.

Directors shall issue orders and instructions that are binding on Customs Guards employees subordinate to them with regards to proper workflow and control, provided they do not contradict the provisions of this Law, regulations issued pursuant thereto, or the decisions or orders issued by the Minister, Deputy Minister, or director general.

Article (7)

Decrees shall be issued by the minster to regulate the internal organisation, competencies, and work distribution of the Customs Guards Authority and the Customs Guards Directorates.

Article (8)

A board named the Customs Guards Affairs Board shall be formed in the ministry as follows:

1. The Deputy Minister Chairman
2. The Director General of the Customs General Directorate
3. Director of the Customs Guards Authority Members
4. Directors of directorates
5. Legal consultant

The chairmanship shall be transferred to the Minister if he attends the board meetings.

In the event the chairman is absent, the Customs Director General shall chair the meeting.

The board shall convene at the invitation of the Minister or Deputy Minister. Its meetings shall be considered valid in the event more than half the members attend. Decisions shall be issued by the absolute majority of members attending the meeting. In the event of a tie, the side with which the chairman voted shall prevail.

An officer delegated by the chairman of the board shall be the secretary of the board meetings.

Deliberations shall be confidential and the decisions substantiated.

Article (9)

The Customs Guards Affairs Board shall be responsible for the following:

1. Coordinate the work between the Customs Guards bodies.
2. Propose the best ways to fight smuggling and narcotics.
3. Review the issues referred by the Minister or Deputy Minister or proposed by one of the members with the consent of the chairman, provided these proposals are submitted in writing at least seven days prior to the date of the board meeting.
4. Other functions as stipulated in this law.

Article (10)

The board’s decisions shall take effect on the date the Minister approves them.

Title (2)

Affairs of Service in the Customs Guards

Part (1)

Ranks, Badges, and Insignia

Article (11)

The ranks of Customs Guards employees shall be as follows:

1. A. For Officers
2. Major General
3. Brigadier General
4. Colonel
5. Lieutenant Colonel
6. Major
7. Captain
8. First Lieutenant
9. Second Lieutenant
10. A. For Non-Commissioned Officers and Privates
11. Staff Sergeant
12. Sergeant
13. Corporal
14. Private

Article (12)

The Minister of Finance shall issue a decree determining the insignia and badges of Customs Guards agents, following deliberations with the Customs Guards Affairs Board.

Part (2)

Appointment and Promotions of Officers

Chapter (1)

Appointment of Officers

Article (13)

Anyone appointed to an officer rank shall meet the following conditions:

1. He must be a Libyan citizen possessing his civil rights.
2. He must be no less than twenty years of age.
3. He must be commendable and of a good reputation.
4. He must not have been previously convicted of a felony or misdemeanour involving moral turpitude, unless he has been rehabilitated in both cases.
5. He must not have been previously dismissed from the Customs Guards by a disciplinary decision.
6. He must not be shorter than 168 cm.
7. He must be physically fit and his fitness shall be established by the prescribed medical examination.
8. He must not be married to a foreigner.
9. He must have graduated from a Faculty of Customs or Police recognised by the ministry. The candidate may be exempt from this condition if the interest of work requires such. The exemption shall be granted by virtue of a Cabinet decree, upon a proposal from the Minister.

Article (14)

Appointment to officer ranks shall be through a Cabinet decree, at the proposal of the Minister.

The appointment shall be to the lowest rank, but it may be to a higher rank if the candidate has graduated from a recognised universities or higher institute or has special expertise. Rank and seniority shall depend on the qualification and length of experience, according to the regulation determined by the Revolutionary Command Council, at the proposal of the Minister.

Article (15)

Notwithstanding the provisions of Article (13), Clause (9), and taking into account the provision of the first paragraph of the preceding article, appointment to the rank of lieutenant may be made from among staff sergeants who hold a high school diploma or pass the examination prepared for them after they join a training course for this purpose.

Chapter (2)

System of Reporting on Officers

Article (16)

Two files shall be prepared for each officer: one to hold the justifications for his appointment and the data, observations, and information regarding him and his professional activities, and the second to hold annual reports submitted on him and anything that may prove his innocence of complaints after they are investigated and his statement thereon is taken.

Confidential annual reports shall be prepared for officers up to the rank of lieutenant colonel and performance grades in the reports shall be: excellent, very good, good, above average, average, or poor.

Article (17)

Confidential annual reports shall be prepared by the direct supervisor and submitted to the higher chief for approval. In the event the report is graded as “average” or “poor,” the officer shall be notified of its content to provide his observations. These observations shall be discussed, then submitted with the report and the results of their discussions to the Minister to issue a decision in this regard.

Article (18)

The Minister shall issue a decree to regulate the confidential reporting system and all related provisions, following deliberations with the Customs Guards Affairs Board.

Chapter (3)

Promotions of Officers

Article (19)

Subject to Article (21) of this law, officers shall be promoted according to absolute seniority up to the lieutenant colonel rank, whereas the promotion to the rank of colonel and above shall be by pure selection. Any officer passed over for selection for three consecutive times shall be promoted and referred to retirement or transferred to another civil service function by a Cabinet decree.

Article (20)

1. In order to be promoted, the officer shall meet the following conditions:

a.) He must have passed the minimum period required for promotion in his position in accordance with the attached Table No. (1).

b.) He must pass the promotion examination or pass the training sessions prescribed for this purpose. Promotion to the rank of lieutenant colonel and higher shall not be subject to this condition.

1. In the event the examination for promotion is held, a committee formed by a decree from the Minister and that includes officers in the rank of lieutenant colonel or higher as members shall be responsible for conducting it. The committee shall establish a system for its functioning and the Minister shall issue a decree in this regard.

Article (21)

The officer shall not be promoted if his latest annual report is graded “poor” or if his two last reports are graded “average.” In the event another report is graded “poor” in the next two years, the officer shall be referred to retirement or transferred to the civil service by a Cabinet decree.

Part (3)

Appointment and Promotion of Non-Commissioned Officers and Privates

Chapter (1)

Appointment of Non-Commissioned Officers and Privates

Article (22)

Officers up to the rank of major shall be promoted by a decree from the Minister. Promotions to higher ranks shall be by a Cabinet decree.

Article (23)

Whoever is appointed to ranks of non-commissioned officers and privates shall meet the following conditions:

1. He must be a Libyan citizen possessing his civil rights.
2. He must be between eighteen and twenty-five years of age.
3. He must not be shorter than 165 cm.
4. He must be commendable and of a good reputation.
5. He must not have been previously convicted of a felony or misdemeanour involving moral turpitude, unless he has been rehabilitated in both cases.
6. He must not have been dismissed from the Customs Guards by a disciplinary decision.
7. He must be physically fit and his fitness shall be established by the prescribed medical examination.
8. He must not be married to a foreigner.
9. He must hold at least a primary school diploma.

10. He must successfully pass the prescribed training session in a Customs Guards training institution.

The Minister may exempt the candidate from the conditions of Clauses (2), (3), (9), and (10) of the previous article in the event the candidate has technical or professional qualifications required by the interest of work.

Article (24)

The appointment shall first be to the rank of a private in the Customs Guard according to a decree by the Minister, but it may be to a non-commissioned officer rank if the candidate has technical or professional qualifications or expertise required by the interest of work. Rank and seniority shall depend on technical or professional qualifications and the length of experience, according to the regulation determined by the Minister, following deliberations with the Customs Guards Affairs Board.

Chapter (2)

Promotions of Non-Commissioned Officers and Privates

Article (25)

In order to be promoted, the non-commissioned officer and private shall meet the following conditions:

1. He must have spent the minimum period required for promotion in accordance with the attached Table No. (1).
2. He must be commendable and of a good reputation.
3. He must pass the promotion examination or pass the training sessions prescribed for this purpose.

Article (26)

Promotions shall be according to absolute seniority among candidates who pass the promotion examination or training sessions prescribed for this purpose. In the event the examination for promotion is held, a committee formed by a decision from the Deputy Minister and chaired by an officer whose rank is at least captain with the membership of two officers, shall be responsible for conducting it. A decision by the Deputy Minister shall regulate the committee’s procedures and rules.

Article (27)

Promotions to non-commissioned officers’ ranks shall be by virtue of a decree from the Minister, based on the proposal of the Deputy Minister.

Part (4)

General Provisions on the Appointment and Promotion of Customs Guards Agents

Article (28)

Appointment or promotion shall only be possible when there are vacancies, and promotion shall only be made to the directly superior rank.

Article (29)

Seniority in the rank shall start from the date of appointment or promotion to this rank. In the event the appointment or promotion decision includes more than one Customs Guards employees of a certain rank, seniority shall be considered as follows:

1. In the event of a promotion decision, seniority shall be considered on the basis of seniority in the previous rank.
2. In the event of an appointment decision, seniority shall be considered on the basis of the passing mark in the examination for to the qualification required for appointment, and then on the basis of seniority in graduation. In the event the results of two candidates are even, the oldest shall hold precedence. A decree from the Minister after taking the opinion of the Customs Guards Affairs Board shall regulate the rules determining seniority in cases of exemption from the qualification requirement.

Article (30)

Customs Guards employee who were transferred from the Customs Guards Authority or had resigned may be re-appointed to the same rank and with the same seniority, within a year from the date of transfer or resignation.

Article (31)

If necessary, nationals or foreigners may be appointed in Customs Guards functions under private contracts that shall determine their salaries and other conditions of employment, according to the Civil Service Law and regulations issued pursuant thereto.

Part (5)

Salaries, Allowances, and Financial Benefits of Customs Guards Agents

Article (32)

Customs Guards employee shall receive the salaries and allowances prescribed in the salary equivalent table for Customs Guards as issued by virtue of a Cabinet decree. The table shall include the equivalents between Customs Guards ranks and grades in the Civil Service Law.

Article (33)

Rules pertaining to allowances and financial benefits applicable for employees subject to the Civil Service Law, provided they do not contravene the provisions of this law.

Customs Guards shall be granted other allowances or benefits, and may also be granted a material or moral bonus for exceptional work or compensation for injury in the line of service or because of it, all in accordance with the terms and rules on the basis of which Cabinet decrees are issued, at the proposal of the Minister.

Article (34)

Salaries of Customs Guards employees shall be payable from the date they assume their duties. In the event the duty location is different from their usual residence, the salary shall be payable starting from the date the employee leaves such place for his duty location.

Article (35)

Customs Guards employees shall not receive their salaries for any period of absence from work without permission, without prejudice to disciplinary actions or other measures that may be taken against the employee because of his absence. In the event the employee provides reasons for his absence and the relevant manager accepts them, the latter may decide not to deprive him of his salary for the period of absence if the employee has a balance of vacation days from which to deduct the period of his absence.

Article (36)

Upon appointment or promotion, the Customs Guards employee shall be granted the starting salary of the rank to which he is appointed or promoted. In the event his salary is equal to or higher than the starting salary of the rank to which he was appointed or promoted, he shall be granted one or more bonuses from the new rank or a part of such bonus, whichever brings his new salary into line with the sequence of annual bonuses prescribed for the rank to which he is promoted.

Article (37)

If necessary, salaries, bonuses, compensation, or any financial benefits that a Customs Guards employee might have received in excess of his entitlement shall be recovered by deduction from his salary and supplements, without need for judicial proceedings and without prejudice to criminal or disciplinary actions.

Article (38)

The salary, bonuses, compensation, and other financial benefits payable for Customs Guards employees may not be withheld, decreased, or deducted by virtue of the preceding article at a rate of more than one quarter per month. In the event of multiple debts, priority shall be given for alimony, then for government debt, followed by the remaining debts.

Article (39)

Customs Guards employees shall be entitled to free medical treatment at the government’s expense, in accordance with the relevant regulations issued by the Cabinet.

Article (40)

Daily provisions may be allocated to Customs Guards employees guarding the borders or oil installations and ports or responsible for other acts whose nature requires such allocation, according to regulation issued by a Cabinet decree.

Part (6)

Transfer, Delegation, Secondment, Dispatch, Training, and Leaves

Chapter (1)

Transfer, Delegation, and Secondment

Article (41)

Transfers of Customs Guards employees shall take place once during the months of July and August of every year. If necessary, this restriction may not be applied.

Article (42)

The rules, conditions, and procedures of the transfer and delegation of Customs Guards employees shall be regulated by a decree from the Minister, at the recommendation of the Deputy Minister.

Article (43)

Customs Guards employees appointed for their technical or professional qualifications in accordance with Articles No. (14) and (24) of this law may only be transferred to functions of a technical or professional nature, as per the case.

Article (44)

Customs Guards employees may be seconded to work in a ministry or public department, body, or institution. For officers, secondment shall be by virtue of a decree from the Minister, and by virtue of a decision by the Deputy Minister for other ranks. In both cases, secondment shall be approved by the entity to which the employee is seconded, without prejudice to the preceding provisions. In the event Customs Guards employees are seconded, all rules in force pertaining to the secondment of employees subject to the Civil Service Law shall apply.

Article (45)

Civilian employees may be seconded to carry out technical and professional functions in the Customs Guards by virtue of a decree from the Minister, with the approval of the entities from which these employees are seconded and for the period required for the interest of work.

Article (46)

Customs Guards employees about whom a decision to transfer, second, or entrust a mission is issued shall implement the decision immediately. In the event an employee fails to do so without an acceptable reason, he shall be apprehended and referred to disciplinary proceedings. In the event he refuses to implement the decision after imposing the disciplinary sanction, he shall be considered a fugitive and the provisions of Article No. (63) of this law shall be applied thereto.

Chapter (2)

Dispatch and Training

Article (47)

The Minister may dispatch Customs Guards employees in a delegation to study or receive training abroad, at the recommendation of the Deputy Minister. All rules stipulated in regards to the dispatch and training of employees subject to the Civil Service Law shall be applied in this case.

Article (48)

Customs Guards employees accepted in the Faculty of Police or a faculty or institute accredited by the ministry shall enroll. Their affairs and dues paid to them during their study period in the faculty or institute shall be regulated by a Cabinet decree, at the recommendation of the Minister.

Article (49)

Training institutions for Customs Guards employees shall be established by a Cabinet decree.

Trainees’ room and board the institution shall be at the expense of the government, according to internal regulations on which a decree shall be issued by the Minister. Customs Guards employees shall enrol in institutions for training by virtue of a decree from the Minister.

Chapter (3)

Leaves

Article (50)

Leaves are a right for Customs Guards agents. However, the dates granted for annual leaves shall be according to the requirements and interest of work, in compliance with the conditions to grant each leave. Prescribed leaves shall be:

1. Annual leave
2. Sick leave
3. Casual leave
4. Study leave
5. Maternity leave (for females)
6. Pilgrimage leave
7. Special leave

Article (51)

1. Annual leave for Customs Guards employees shall be 30 days a year and shall increase to 45 days for those who attain the age of 50 or whose service period exceeds 20 years. Annual leave days may be combined, provided that the leave of the Customs Guard employee in one year does not exceed the leave period granted for two years.
2. At the end of their service, Customs Guards employees are entitled to monetary compensation for their accrued annual leave, provided no compensation is granted for any period that exceeds ninety days, unless the employee is not able to take his leave for all this period for the interest of work.

Article (52)

In the event a Customs Guards employee is injured or falls ill due to performing his professional duties and the competent medical committee decides on the duration for his treatment, he shall be granted a special leave for the duration of treatment, provided it does not exceed one year with full pay. This period shall not be counted out of the agent’s sick or annual leave and his treatment shall be at the government’s expense.

Article (53)

1. Customs Guards employees shall be entitled to sick leaves as follows:
2. Four months with full pay
3. Four months with half pay
4. In the event a Customs Guards employee who fell ill is in need of long-term treatment and used all his sick leave period with full payment and his paid annual leave, he may be granted a special leave with full payment for the treatment period required, by virtue of a decree from the Minister upon the recommendation of the medical committee.

The medical committee shall be responsible for identifying diseases of this type and the duration of treatment. Once the Customs Guards employee uses this leave, he shall use his sick leave with reduced pay, as per Paragraph (1) of this article.

Article (54)

The period of leaves referred to in Article (50), Paragraphs (3), (4), (5), (6), and (7), shall be determined as per the provisions applicable for employees subject to the Civil Service Law.

Article (55)

A decree by the Minister, after taking the opinion of the Customs Guards Affairs Board, shall be issued to regulate granting leaves of all types and appointing the entity responsible for granting such.

Where this law or the Minister’s decree referred to in the preceding paragraph do not include provisions governing issues pertaining to the leaves of Customs Guards agents, provisions applicable for employees subject to the Civil Service Law shall be applied.

Title (3)

Duties, Prohibitions, Disciplinary Measures,

and End of Service of Customs Guards Agents

Part (1)

Duties and Prohibitions of Customs Guards Agents

Chapter (1)

Duties of Customs Guards Agents

Article (56)

Upon appointment and prior to exercising his functions, Customs Guards employees shall take the following oath: “I swear by God Almighty to protect the republican system; to uphold the interests of the people and the safety of the country; to embody the revolution’s principles of freedom, socialism, and unity; to respect the Constitution and the Law; and to perform my functions with integrity and honesty.”

Officers shall take the oath before the Minister, while employees in other ranks shall do the same before the director. The text of the oath shall be saved in the service file of the Customs Guards agent.

Article (57)

Customs Guards positions shall be a trust for their holders with the aim of serving citizens to achieve the public interest as per the laws, regulations, and orders in force. A Customs Guards employee must:

1. Uphold his position’s dignity and adopt behaviour consistent with the respect due thereto.
2. Implement tasks assigned to him by himself, accurately and honestly.
3. Report any activity that harms the order of the State or violates the law.
4. Bear responsibility for commands he issues and be responsible for proper workflow within the limits of his competence.
5. Be calm, exercise self-restraint at all times, uphold citizens’ dignity and humanity as much as possible, and avoid using violence with them.
6. Obey his superiors’ orders and implement what respect to the superior or employees in higher ranks imposes.
7. Reside in the region of his duty location, and he may not reside away from this region or outside it except for necessary reasons approved by the competent director.
8. Collaborate with his colleagues in the performance of urgent duties necessary to secure the functioning and implementation of the public service.
9. Devote all official working hours to perform the duties of his job and perform the tasks assigned to him at times other than official business hours if the interest of work so requires.

10. Treat his subordinates in a good manner.

11. Perform all other duties in accordance with laws, regulations, orders, and instructions pertaining to his position.

Article (58)

Customs Guards employees may only question civilians about personal errors.

Chapter (2)

Prohibitions

Article (59)

A Customs Guards employee may not combine his work with any other work he performs himself or by mediation if it would harm the performance of his job duties or if it is inconsistent the requirements thereof.

He may not perform work for third parties, in return for pay or a reward, even if outside official business hours, except with the permission of the Minister.

He may not practice his profession outside his job, except with the permission of the Minister.

However, he may, in return for pay or a reward, bear responsibility for acts of wardship, trusteeship, power of attorney, or judicial assistance for relatives up to the fourth degree.

He may also bear responsibility for acts of escrow on money in which he or one of his relatives or in-laws up to the fourth degree is partner or shareholder, provided he notifies the Ministry of such.

Article (60)

With regards to the financial system, Customs Guards employees may not:

1. Violate financial rules and provisions stipulated in the laws, regulations, and financial instructions.
2. Violate provisions regulating oversight of budget implementation.
3. Violate the laws and regulations on tenders, auctions, warehouses, purchases, and all financial rules.
4. Engage in carelessness or neglect which results in the loss of a financial right of the State or a other public entity or body subject to the oversight of the Audit Bureau, or which harms a financial interest of theirs or is of the nature to directly cause such.
5. Not respond to the observations of the Audit Bureau; not communicate with it in general; or delay the response thereto. Any response with the purpose of procrastination or stalling shall be considered as a non-response.
6. Fail to submit to the Audit Bureau, without an acceptable excuse, accounts and supporting documents within the appointed deadline, or requested papers, documents, or other instruments that it has the right to inspect, review, or examine.

Article (61)

Customs Guards employees may not:

1. Disclose matters they become aware of as part of their job, whether they are confidential by nature or considered as such in accordance with instructions. The obligation of confidentiality shall remain in force even after the agent’s service ends.
2. Retain for himself any official papers or remove the same from their respective files, even if they are related to a job assigned to him personally.
3. Violate customs procedures about which a decree or a decision is issued by the minister, deputy minister, or director general.
4. Write, publish, or distribute articles or publications of a political nature opposed to the State’s objectives or that violate the basic principles upon which society is based.
5. Lend money to, or borrow from his superiors.
6. Gamble.
7. Buy, by himself or by mediation, real estate or movable property put to sale by administrative or customs authorities, if such is connected to his job.
8. Rent for exploitation purposes, by himself or by mediation, plots of land or real estate in the jurisdiction where he works, if such exploitation is related to his work.
9. Engage in other actions and works prohibited under the Constitution, the Civil Service Law, and other prescribed laws, orders, and regulations.

Part (2)

Disciplinary Measures

Article (62)

Without prejudice to sanctions stipulated in the Penal Code or any other law, a Customs Guards employee shall face a disciplinary trial in the event he:

1. Violates the obligations stipulated in this law, contravenes the requirements of duty in the performance of his work, or fails to perform his duties.
2. Exceeds the proper limits of his duties or abuses his powers.
3. Commits any prohibited act set forth in this law.
4. Threatens, insults, beats, or uses violence with any Customs Guards agent.
5. Fails to return weapons, apparel, or other properties for the Customs Guards in his possession when asked to do so.
6. Destroys or damages any Customs Guards property, misuses it, or causes the damage or loss of any of these properties out of negligence.
7. Is late to work without permission or an acceptable excuse.
8. Is absent from work without permission or acceptable excuse.
9. Attacks, threatens, or insults any employee of a higher rank.

10. Disobeys orders given to him by his superiors.

11. Treats any employee of a lower rank abusively or attacks him.

12. Pretends he is sick.

13. Neglects cleanliness or hygiene.

14. Treats any citizen abusively during the performance of his duties.

15. Overlooks acts of employees of lower ranks involving violations or transgression of the requirements of duty.

16. Neglects the performance of his duties.

17. Commits any act that harms the reputation of the Customs Guards.

18. Exploits or abuses his position.

19. Knowingly receives materials that violate standards.

20. Deserts the service or assists others in desertion.

21. Engages in insubordination or incites other to the same.

Article (63)

A Customs Guards employee shall be considered to have deserted work in the event he is absent from work for more than fifteen days without an acceptable excuse, even if the absence follows an authorised leave.

Absence shall be considered to be without an acceptable excuse if more than thirty days pass from the end of the period referred to in the preceding paragraph without a justification being provided for the absence or if the justification was submitted and rejected.

The deserter shall be apprehended and referred to disciplinary trial before the disciplinary board. In the even he is convicted, he shall be punished by confinement at the workplace or in the room for a period that shall not exceed 45 days. His service in the Customs Guards shall be terminated as a consequence of his conviction.

Chapter (2)

Disciplinary Measures and Suspension from Work

Article (64)

The disciplinary sanctions that may be imposed on Customs Guards employees shall be:

1. Warning.
2. Deduction of salary.
3. Confinement at the workplace.
4. Confinement in the room.
5. Demotion in rank.
6. Suspension from service.

The sanctions prescribed in Paragraph (5) may not be imposed on officers. Also, the sanctions prescribed in Paragraphs (3) and (4) may not be imposed on them unless they violate Article (62), Paragraphs (9) and (10), without prejudice to Article (63) of the law.

Article (65)

Warning sanctions may not be imposed more than once during a twelve-month period.

Article (66)

Sanctions involving deduction of salary may not exceed sixty days in one year and fifteen days for each sanction. The deduction imposed in implementation of this sanction may not exceed one-fourth of the monthly salary after deducting the one-fourth that may be confiscated or conceded. Per the provisions of this law, “salary” indicates the base salary without the additional bonuses, remuneration, allowances, and other entitlements and financial benefits, without prejudice to the provisions governing these entitlements and other benefits.

Article (67)

Without prejudice to the provisions of Article (63) of this law, sanctions involving confinement at the workplace may not exceed four weeks, and the following conditions shall be respected in implementation thereof:

1. The confined employee shall be entitled to his full salary and allocations during the entire confinement period.
2. During the entire confinement period, the confined employee shall not be permitted to leave the workplace.
3. The confined employee may not be exempt from performing the official duties prescribed for the workplace.
4. The confined employee shall be forbidden from receiving visitors, unless the visit is for work purposes.

Article (68)

Without prejudice to the provisions of Article (63) of this law, sanctions of confinement in the room may not exceed four weeks, and the following conditions shall be respected in the implementation thereof:

1. The confined employee shall be denied half his base salary during the confinement period.
2. The confined employee shall be confined in a room by himself if he is an officer and with other employees in one room if he is of another rank.
3. The confined employee shall be forbidden from giving orders and he shall be exempt from performing the official duties prescribed for his job.

Article (69)

Upon imposing sanctions involving demotion, the rank may not be demoted by more than grade, and the decision issued in this regard shall determine the seniority of the employee in the rank to which he is demoted.

Article (70)

Customs Guards employees may only be sanctioned by suspension in the event the preceding sanctions fail to deter them or in the event his actions require that he does not continue in service for considerations pertaining to the interest of work.

Article (71)

Customs Guards employees accused of committing an act stipulated in Article (62) of this law or a crime stipulated in the Penal Code or other laws may be suspended from work as a precaution if required by the nature of the act he is accused of or the interest of the investigation. In the case of officers, suspension decisions shall be issued by the Minister and in the case of employees in lower ranks, such shall be issued by the director or the direct supervising officer, provided the suspension decision is reported to the director for approval.

The suspension may continue until a decision is taken on the accusation attributed to the employee, and it shall not exceed thirty days, except in the event he is accused of a felony or misdemeanour involving moral turpitude.

The sanction of suspension of work shall entail the suspension of payment of half the salary for the suspension period. In the event criminal or disciplinary proceedings are completed without convicting the employee, the half of the salary that was suspended from payment shall be restored to him.

Article (72)

Any employee placed in provisional detention or imprisoned in execution of a criminal sentence shall be suspended from work by force of law throughout the period of his incarceration. If the detention is provisional, the payment of half his salary shall be suspended. If the imprisonment is in execution of a criminal sentence, the employee shall be deprived of his salary. In the event provisional detention ends by a ruling acquitting the employee, the half of the salary that was suspended from payment shall be restored to him.

Chapter (3)

Summary Trials

Article (73)

Without prejudice to the provisions of Articles (63) and (74), Customs Guard employees who commit an act stipulated in Article (62) shall be subject to trial by his direct supervisor among those who have the authority of holding a summary trial, unless the director or the director concerned decides to handle it himself.

In the event the act is committed by several employees subordinate to more than one director, the deputy minister shall appoint the competent authority to hold the trial. Table (2) attached to this law shall determine the competent authority to hold the summary trial and the sanctions it may impose.

Article (74)

Any employee of a rank lower than captain, unless he is a station or checkpoint officer, may not hold trial for officers subordinate to him. In this case, the closest supervisor of a rank higher than captain shall hold the summary trial.

Article (75)

The decision to impose the sanction shall enter into force from its date of issuance.

Article (76)

In the event the competent authority holding the trial deems that the act requires a more severe sanction than those it has the authority to impose, it shall refer the accused employee to the higher authority competent to hold a summary trial. In the event the sanctions falls outside the competency of the higher authority, it shall refer the employee to the Disciplinary Board.

Article (77)

1. The minister or director may give an order to put in custody any Customs Guards officer who commits any of the acts referred to in Article (62), Paragraphs (4), (5), (6), (9), (10), and (16) until such time as he is submitted to disciplinary proceedings, provided the custody period does not exceed forty-eight hours.
2. The competent director may exercise the authority set forth in the preceding paragraph, and so for officers in the rank of captain and below. Any officer may also exercise such authority for Customs Guards employees subordinate to him who are not officers.
3. With the exception of the above, the provisions of Article (68) of this law shall apply to the custody referred to in this article.

Chapter (4)

Trials Before the Disciplinary Board

Article (78)

The Disciplinary Board shall undertake the trial of Customs Guards employees referred for trial in accordance with the provisions of Article (76) of this law.

Proceedings for employees referred to trial who are of the rank of major or lower shall be undertaken by an ordinary disciplinary board. For employees in ranks higher than major, proceedings shall be undertaken by a higher disciplinary board.

Article (79)

An ordinary disciplinary board shall be composed of three officers. If the employee referred for trial is an officer, the board shall include a member in the service who is higher in rank than the employee referred to the board as chairman and two members in the service who are higher in rank or more senior than the employee referred to the board as members. The board shall be formed by a decision from the director in the event the employee referred for trial is an officer and by a decision from the competent director for employees of other ranks. In the event several Customs Guards employees subordinate to more than one director are referred to the disciplinary board, it shall be formed by a decision from the deputy minister.

Article (80)

A higher disciplinary board shall be formed by a decree from the minister and shall include four officers and a legal consultant, provided its chairman is more senior than the accused employee and its members higher in rank or more senior in the same rank.

Article (81)

Without prejudice to the provisions of Articles (64), (85), and (86), the disciplinary boards may impose any disciplinary sanction and the sanction shall enter into force from its date of issuance.

Article (82)

Disciplinary boards shall convene in confidential plenary sessions. Their decisions shall be taken by majority vote, and such decisions shall include the grounds on which they are based.

Disciplinary boards’ decisions shall be communicated to the employee concerned within a week from the date of issuance, and shall also be communicated to the deputy minister or director.

Article (83)

The Customs Guards employee referred to disciplinary proceedings shall be notified of the referral decision, which shall include the charges. He shall also be notified of the date of the hearing scheduled for his trial. He shall attend the trial sessions himself and may submit his defence orally or in writing or delegate a Customs Guards officer to defend him.

Article (84)

The Customs Guards employee shall be considered suspended from work upon issuance of a dismissal from service decision by the disciplinary board until the completion of confirmation procedures. If the Customs Guards agent is retried and acquitted, he shall be entitled to receive his pay for the duration of the suspension.

Article (85)

1. Sanctions involving demotion or dismissal issued for non-commissioned officers or privates shall not be valid until they are approved by the director.

In this case, the Director may approve the decision, mitigate the sanction, or order a retrial.

1. The employee convicted may lodge a complaint with the Director General about the approval decision within ten days from the date of notification. The Director General may reject the complaint, order a retrial, or mitigate the sanction.
2. The decision of the disciplinary board shall enter into force from the date the complaint is rejected or after the period set forth in the preceding paragraph expires without a complaint being filed.

Article (86)

Dismissal decisions issued by the disciplinary board against an officer shall be referred with the trial documents to the Minister for approval. The employee convicted may lodge a complaint with the Minister about the decision within fifteen days from the date of notification. The Minister shall not consider approving the decision before the end of the complaint period. He may approve the sanction, mitigate it, or order a retrial.

The dismissal decision shall not enter into force before a decree pertaining thereto is issued by the Cabinet.

Article (87)

Disciplinary cases brought before boards that were competent to resolve them before this law enters into force shall be referred to the disciplinary boards competent by virtue of this law.

Chapter (5)

General Provisions on Disciplinary Measures

Article (88)

No sanction shall be imposed on any Customs Guards employee before questioning him, taking his statements and ensuring his defence. The investigation shall be recorded in written minutes. The investigation and questioning may be oral in summary trials, provided their content is included in the disciplinary decision.

The employee may not be prosecuted for a single act more than once, and no more than one sanction may be inflicted for a single act.

The decision issued to impose the sanction shall be substantiated.

Article (89)

No trial shall be referred to disciplinary boards without taking criminal procedures in the event the acts attributed to the Customs Guards employee constitute a criminal offense. His criminal proceedings shall not preclude a disciplinary trial.

Article (90)

Customs Guards employees shall not be promoted during the period of their referral to criminal or disciplinary trial or of their suspension from work.

In the event the trial rules that the employee is innocent or imposes a sanction other than demotion or dismissal, his seniority in the rank to which he is promoted shall be calculated from the date on which the promotion would have taken place had he not been suspended or referred to disciplinary trial. He shall also be entitled to the financial differences due.

Article (91)

Without prejudice to the provisions of the law of the financial system of the State and the regulations issued pursuant thereto, no Customs Guards employee may be subject to a disciplinary trial after the end of his service. End of service may be postponed until after the completion of disciplinary proceedings by virtue of a decree from the Minister.

Article (92)

Disciplinary sanctions imposed on Customs Guards employees may be cancelled in accordance with the rules prescribed in a decree from the Minister, after consulting with the Customs Guards Affairs Board.

Article (93)

Subject to the provisions of this law, a decree from the Minister, after consulting with the Customs Guards Affairs Board, shall govern the rules and procedures for the investigation, prosecution, summary trials, and trials before the disciplinary board.

Part (3)

End of Service

Article (94)

Service of Customs Guards employees shall end for any of the following reasons:

1. Referral to retirement.
2. Lack of physical fitness.
3. Resignation.
4. Dismissal from Service by virtue of a disciplinary decision.
5. Marriage to a foreigner without permission.
6. Loss of nationality.
7. Conviction of a felony or misdemeanour involving moral turpitude.
8. Death.

Article (95)

1. Customs Guards employees shall be referred to retirement upon reaching the following age:
2. For Major Generals, Brigadier Generals, Colonels, Lieutenant Colonels, and Majors: 60 years.
3. For Captains, First Lieutenants, and Second Lieutenants: 55 years.
4. For non-commissioned officers and privates: 50 years.

A decree from the Minister may extend the service of officers for a period not exceeding two years. This period may be extended by virtue of a Cabinet decree for any period set forth in such decree. A decree from the Minister may extend the service of non-officers for a period not exceeding five years, provided this is necessary or required by the public interest in all cases.

1. Referrals to retirement for Customs Guards officers shall be by virtue of a Cabinet decree and by virtue of a decree from the Minister for employees in other ranks.

Article (96)

1. Lack of physical fitness shall be established by a decision from the competent Medical Committee. Service may not be terminated due to lack of physical fitness before the employee’s sick leave and annual leave is used up, unless he requests so.

Referral to the Medical Committee for this purpose shall be by virtue of a decision by the director for officers and by virtue of a decision by the director concerned for employees in other ranks.

1. The Minister shall issue a decree on the formation of a Medical Committee or medical committees for the Customs Guards Affairs Board. The minister shall issue a decree on their functions, following deliberations with the Minister of Health. The deputy minister shall issue a decision governing the procedures and workflow of these committees.

Article (97)

Without prejudice to the rules governing missions and training, Customs Guards employees may resign from the service. The resignation shall be written and free from any restriction or condition, or it shall not be considered.

Service shall only end by a decision accepting the resignation. Resignation requests shall be reviewed within sixty days from the date of submission, or the resignation will be considered accepted.

During this period, the decision accepting the resignation may be deferred for reasons related to the interest of work or in order to take disciplinary measures against the employee.

The Customs Guards employee shall continue to work until he is notified of the decision to accept his resignation or the period set forth in the preceding paragraph ends.

The decision accepting the resignation shall be issued by the Cabinet for officers and by the minister for other ranks.

Article (98)

End of Service for reasons stipulated in Article (94), Paragraphs (2), (5), (6), and (7) shall be by virtue of a decree by the minister for officers and a decision by the deputy minister for other ranks.

Title (4)

General and Transitional Provisions

Article (99)

A decree shall be issued by the Cabinet, at the recommendation of the Minister, to regulate the rights and conditions of new Customs Guards recruits during the period of their training courses.

Article (100)

In the event an officer is absent, he shall be replaced by the officer who follows him in seniority, unless the minister or deputy minister delegates another officer to replace him.

Article (101)

The proceeds from salary deduction sanctions imposed on Customs Guards employees shall be kept in a special account. This account shall be spent from for social purposes for the employees during their service or in the event of end of service or death, according to the regulation prescribed by virtue of a decree from the minister.

Article (102)

The provisions of Law No. (116) of 1970 forming the Central Authority for Public Administrative Control shall not apply to Customs Guards employees.

Article (103)

The provisions of the Regulation of Tenders and Auctions shall be applied to Customs Guards employees in the manner set forth by virtue of a decree from the cabinet, at the recommendation of the Minister.

Article (104)

Customs Guards employees may be transferred to the Police Authority in the same ranks as in the Customs Guards Authority. Officers shall be transferred by a decree from the Cabinet and non-commissioned officers and privates by a decree from the Minister of Finance, in agreement with the Minister of Interior.

Customs Guards employees may also be transferred to other public functions in ministries, government departments, public bodies, or public institutions in such a way that their grades correspond to their current ranks. Their salaries shall not be less than the salaries they already receive. Officers shall be transferred by a decree from the Cabinet and employees in other ranks by a decree from the minister.

Article (105)

The provisions of Article (95) of this Law shall apply to Customs Guards employees in service at the time it enters into force, even if they had reached the compulsory age to leave the service before such time.

Article (106)

The extension of service decided for Customs Guards in service at the time this law enters into force shall be considered a period of pensionable service, within the limits of the extension stipulated in Article (95) of this Law.

Article (107)

Customs Guards employees shall keep their existing status and system of pay and raises in force when this law enters into force, until they are changed or replaced in accordance with its provisions.

Law No. (93) of 1970 amending the salary schedule of Customs Guards employees shall continue to be applied until the Cabinet issues a decree to balance salaries in accordance with Article (32) of this law.

Article (108)

In applying the provisions of this law, the following words shall refer to the significations indicated for each of them:

Minister = Minister of Finance.

Deputy Minister = Deputy Minister of Finance.

Director General = Director General of the Customs Guards General Directorate.

Director = Director of the Customs Guards Authority.

Director concerned = Director of a Directorate of the Customs Guards Authority.

Ministry = Ministry of Finance.

Article (109)

Without prejudice to the provisions of Article (107) of this law, Law No. (3) of 1963 on Customs Guards and the laws amending it shall be repealed. Any text inconsistent with the provisions of this law shall also be repealed, whereas executive regulations and decisions issued as per Law No. (3) of 1963 on Customs Guards shall continue to be applied, provided they do not contradict the provisions of this law, and that until the issuance of texts that amend, repeal or replace them.

Article (110)

The Minister of Finance shall apply this law. It shall enter into force from its date of issuance and shall be published in the Official Gazette.

The Revolutionary Command Council

Major Abdessalam Ahmad Jalloud

On behalf of the Prime Minister

Major Abdessalam Ahmad Jalloud

Member of the Revolutionary Command Council and Minister of Finance

Issued on 10 Rabi’ al-Thani 1392 AH

Corresponding to 23 May 1972 AD

Table (1)

Minimum Period Required for Promotion

Rank	Minimum Period
Brigadier General Colonel Lieutenant Colonel Major Captain First Lieutenant Second Lieutenant Staff Sergeant Sergeant Corporal Private	4 years 4 years 4 years 4 years 4 years 3 years 3 years 3 years 2 years 2 years 2 years

Table (2)

Table of Powers in Summary Trials

Rank or position	For warning		Powers authorised
			Pay deduction period in days			Period of the confinement at the workplace in days			Period of the confinement in the room in days
			For privates	For non-commissioned officers	For officers	For privates	For non-commissioned officers	For officers	For privates	For non-commissioned officers	For officers
First Lieutenant: Second Lieutenant: Checkpoint officer	For all ranks		3	2	1	4	2	–	3	–	–
Captain: Station officer	1	1	5	3	2	7	4	–	6	3	–
Lieutenant Colonel: Major	1	1	7	5	3	14	8	6	14	10	6
Brigadier General: Colonel: Director of Directorate	1	1	10	7	5	17	12	8	17	12	8
Minister: Director: Major General:	1	1	15	12	10	21	15	10	21	15	10