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Part II: Legislative Authorities: Parliamentary Oversight of the Security Sector

Decree of 1970 on the internal regulation of the Secretariat of the Ministry of Unity and Foreign Affairs

Council of Ministers

Decree on the Bylaws of the Office of the Ministry of Unity and Foreign Affairs

 

The Council of Ministers,

Upon review of Diplomatic and Consular Corps Law No. (16) of 1959 AD,

as amended, and

● Based on the submission of the Minister of Unity and Foreign Affairs,

 

has decreed the following:

 

Article (1)

The Ministry of Unity and Foreign Affairs shall propose the State’s policy on foreign affairs and supervise its implementation. The Ministry shall handle the affairs of Libyans abroad and take care of their interests. All matters related to foreign policy, as determined by the rules of international law, international custom, international treaties and Libyan legislation, shall fall within its responsibilities.

The Ministry’s exercise of its responsibilities shall be in consultation and cooperation with the relevant authorities.

 

Article (2)

The General Office of the Ministry of Unity and Foreign Affairs shall consist of:

1. Minister’s Office, and to be followed by:

a) An office manager and an adequate number of corps members and staff; and

b) Inspection body.

2. Deputy’s Office, and to be followed by:

a) An office manager and an adequate number of corps members and staff;

b) Confidential Affairs Section; and

c) Office of the Committee for Affairs of Members of the Diplomatic and Consular Corps.

3. Department of Political Affairs, with the following sections:

a) Western Europe and America Section;

b) Eastern Europe Section;

c) Military Affairs Section; and

d) Media Section.

4. Department of International Organizations and Technical Cooperation, with the following sections:

a) United Nations and Competent Agencies Section;

b) Economic Affairs Section;

c) Cultural and Social Affairs Section; and

d) Assignments and Technical Cooperation Section.

5. Department of Unity and Arab Affairs, with the following sections:

a) Unity Affairs and the Arab League Section;

b) Arab States Affairs Section;

c) Palestinian Affairs Section; and

d) Islamic Affairs Section.

6. Department of African and Asian Affairs, with the following sections:

a) Organization of African Unity Section;

b) African States Affairs Section;

c) Asian Affairs Section; and

d) Third World Affairs Section.

7. Department of Treaties and Legal Affairs, with the following sections:

a) Treaties Section;

b) Legal Affairs Section; and

c) Consular Affairs Section.

8. Department of Protocol, with the following sections:

a) Ceremonies Section;

b) Immunities and Privileges Section; and

c) Passports and Documents Section.

9. Department of General Affairs, with the following sections:

a) Accounting and Auditing Section;

b) Personnel Affairs Section;

c) General Archives Section;

d) Library Section;

e) Translation Section; and

f) Benghazi Office.

10. Department of Public Relations:

 

Article (3)

The Minister of Unity and Foreign Affairs shall be responsible for directing the Ministry’s policy and supervising its implementation, and he shall be the highest authority in that respect.

 

Article (4)

Deputy of the Ministry shall assist the Minister of Unity and Foreign Affairs in managing the affairs of the Ministry, and shall report directly to him. He shall be responsible for the general supervision of all departments of the Ministry, and shall:

1. Manage the Ministry in accordance with the laws and regulations; study the key outlines of its policy in consultation with directors; and provide proposals in this regard to the Minister;

2. Issue general instructions and directives relating to the system of work at the Ministry;

3. Follow up on and review the political, financial and administrative conditions of the missions abroad;

4. Supervise the preparation of the draft budget and staff in consultation with the Department of General Affairs, and the directors and missions abroad;

5. Supervise the financial affairs of the Ministry, including its budget affairs, in accordance with the laws, regulations and financial instructions; and

6. Coordinate work among various departments in consultation with directors.

 

Article (5)

The Deputy of the Ministry shall implement the decrees issued by the Minister. If the Deputy considers that the decree is in conflict with the laws and regulations or with existing decrees, he shall refer to the Minister before implementing the decree. If the Minister insists on his opinion in writing, the decree shall be implemented.

 

Article (6)

When the deputy’s position becomes vacant or if he is absent for any reason, the most senior department director shall take his place by a decree of the Minister. In such a case, a non-director ambassador or the head of the inspection body may be assigned as the deputy by a decree of the Minister.

 

Article (7)

Department directors shall present the matters related to their department to the Deputy of the Ministry. They may not contact the Minister regarding such matters before being presented to the Deputy, unless the Minister so requests or in cases of necessity and urgency.

If the department director is of the opinion that the Deputy’s instructions violate the laws or regulations or are in conflict with existing decrees, he shall refer to the Deputy before implementation thereof. If the Deputy insists thereon in writing, these instructions shall be implemented, and in such instance, the Deputy shall notify the Minister thereof.

 

Article (8)

Each director shall be competent to decide on the affairs of his department. He shall be the superior for all its employees and shall distribute work among them and supervise the implementation thereof.

 

Article (9)

a) Any person appointed to one of the following positions shall be required to hold the rank indicated against it:

1. Deputy of the Ministry, rank of ambassador.

2. Head of the inspection body, rank of ambassador.

3. Department director – rank of ambassador or minister plenipotentiary.

4. Heads of sections – rank of advisor or first secretary.

5. Assistant heads of sections – rank of second or third secretary or attaché.

b) Corps employees may be assigned as heads of the following sections, provided that they may not hold lower than the first rank. The positions of assistant heads of those sections may also be assigned to them, provided that they may not hold lower than the third rank:

a) Accounting and Auditing Section;

b) Personnel Affairs Section;

c) Library Affairs Section;

d) Translation Section; and

e) Media Section.

 

Article (10)

Responsibilities of each department shall be determined by a decree of the Minister after taking the opinion of the Deputy.

 

Article (11)

Responsibilities of each section shall be determined by a decree of the Deputy after taking the opinion of the director of the department concerned.

 

Article (12)

By a decree of the Deputy of the Ministry, the functions and responsibilities of one section may be merged with another within the scope of one department, or such functions and responsibilities may be directly attached to the director of the department, provided that this shall be done on a temporary basis as per work requirements.

 

Article (13)

Periodic meetings shall be held under chairmanship of the Minister and membership of the Deputy and directors, or under chairmanship of the Deputy and membership of directors, in order to consult and exchange opinions with one another regarding the Ministry. Similar meetings shall also be held among heads of sections of the same department, which shall be chaired by the director, in order to consult and exchange opinions on matters specific to their department.

 

Article (14)

If the director of the department is absent, the functions of his department may be assigned to the director of another department, or he may be replaced by the most senior section head reporting to him by a decree of the Minister based on the proposal of the Deputy. In the event that a section head is absent, he shall be replaced by a section head of the same department in which he works, or his most senior assistant by a decree of the Deputy based on the proposal of the director.

 

Article (15)

Ministry employees of the rank of second secretary or of at least the third rank shall have the right to sign letters issued within the limits of their responsibilities, provided that the level of the recipient authority shall be taken into account.

 

Article (16)

An employee may contact his higher superior only after obtaining approval of his direct superior or upon the invitation of his higher superior, unless this is as the result of an urgent matter that cannot be delayed, in which case he must inform his direct superior thereof.

 

Article (17)

The direct superior shall be deemed responsible for the employee’s absence beyond the authorized limits in case of failure to take the initiative to inform the higher superior and the Department of General Affairs of such absence on the day it occurred.

 

Article (18)

The Council of Ministers Decree issued on 23 Dhul Qadah 1387 AH, corresponding to 22 February 1968 AD, for the Internal Bylaws of the Office of the Ministry of Foreign Affairs, shall be repealed.

 

Article (19)

These Regulations shall come into force as of the issuance date thereof and shall be published in the Official Gazette.

 

Colonel / Muammar Gaddafi

Prime Minister

Issued in Tripoli on 22 Jumada Al-Thania 1390 AH

Corresponding to 24 August 1970 AD

 

Text Type:Decree
Text date:1970-08-24
Institution:Cabinet
Status:Repealed

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