Executive Regulation of Law No. (2) of 2001 on the organisation of political and consular work

 

Executive Regulation of Law No. (2) of 1269 FDP 

on the organisation of political and consular work

Chapter (1)

Political Work in Bureaus Abroad

Article (1)

For the implementation of the provisions of this regulation, the following terms shall have the corresponding meanings ascribed to them wherever they occur:

  1. Sector: The entity tasked with executing the Basic People’s Congress resolutions relating to foreign policy.
  2. Committee: General People’s Committee of the Sector.
  3. Secretariat: Secretariat of the General People’s Committee of the Sector.
  4. Secretary: Secretary of General People’s Committee of the Sector.
  5. Bureau: Brotherhood Bureau, People’s Bureau, Relations Bureau, or permanent delegation.
  6. Bureau secretary: Secretary of the People’s Committee of the Brotherhood Bureau, People’s Bureau, or Relations Bureau, the general delegate, or the resident delegate.
  7. Law: Law No. (2) of 1369 FDP on the organisation of political and consular work.

Article (2)

Bureaus shall be managed by People’s Committees composed of:

  1. The Secretary of the People’s Committee of the Office.
  2. Assistant Secretary for Cooperation.
  3. Assistant Secretary for Culture and Media.

Article (3)

People’s Committees of bureaus shall be responsible for executing the foreign policy resolutions of Basic People’s Congresses and the decisions issued by the secretariat of the Committee. They shall serve as a point of contact between all people’s entities of the Great Jamahiriya and accredited countries. People’s Committees shall monitor relations between the Great Jamahiriya and the accredited countries and organisations as well as the activity of delegations attending conferences or performing any type of missions.

Within the limits of the legislation in force, international treaties and agreements, and the rules of international law and custom, People’s Committees of bureaus shall perform – within their jurisdiction -- the functions stipulated by Article (2) of the Law without contravening the nature of their composition, in accordance with the decisions issued by the General People’s Committee of the Sector or the secretariat thereof.

Article (4)

People’s Committees of bureaus shall be considered general oversight entities with regard to all the activities practiced by public sectors, authorities, institutions, bodies, services, and companies of accredited countries. People’s Committees shall execute decisions, follow up on activities, and submit reports thereon.

Article (5)

The bureau secretary and the assistant secretaries of the People’s Committee of the bureau shall have the following competences:

First: Competence of the secretary of the People’s Committee of the office:

  1. Call the People’s Committee of the bureau to convene, administer its meetings, and take the necessary procedures to implement its decisions.
  2. Follow up on the activities of People’s Committee members and bureau personnel, and impose disciplinary penalties thereon.
  3. Oversee, monitor, and exercise administrative and financial control over the executive unit of the bureau.
  4. Handle the Committee’s connections with third parties.
  5. Any other duties assigned by the Secretary or the People’s Committee of the bureau.

Second: Competences of the Assistant Secretary for Cooperation:

  1. Execute the decisions of the People’s Committee of the bureau in the field of cooperation.
  2. Follow up on cooperation affairs with regard to bilateral and multilateral activities as well as civil and popular work, and follow up on political and economic cooperation in the accredited country.
  3. Submit periodic reports on the progress in the field of cooperation to the secretary of the People’s Committee of the bureau.
  4. Oversee consular activities.
  5. Any other duties assigned by the Secretariat or the People’s Committee of the bureau.

Third: Competences of the Assistant Secretary for Culture and Media:

  1. Execute the decisions of the People’s Committee of the bureau in the field of culture and media.
  2. Follow up on cultural, media, and press affairs with the accredited country.
  3. Oversee Libyan students abroad.
  4. Oversee Libyan schools, cultural centres, and media institutions under the jurisdiction of the bureau.
  5. Follow up on cultural relations with universities located within the jurisdiction of the bureau.
  6. Submit periodic reports on the work progress in cultural and media fields to the secretary of the People’s Committee of the bureau.
  7. Any other duties assigned by the Secretariat or the People’s Committee of the bureau.

Article (6)

People’s Committees of bureaus shall be selected in accordance with the following rules:

  1. The Basic People’s Congress shall select the members of People’s Committees to manage foreign work in the bureaus.
  2. The secretariat of the General People’s Congress shall submit a list of the members elected by the people to manage foreign work in the bureau to the General People’s Committee secretariat, which shall refer it to the secretariat of General People’s Committee of the competent Sector.
  3. The secretariat of the General People’s Committee of the Sector shall ensure that any person tasked with the management of foreign work shall meet the necessary requirements. It shall propose to the secretariat of the General People’s Committee the establishment of People’s Committees for bureaus, whereupon the latter shall examine and submit the proposal to the General People’s Congress secretariat.
  4. The General People’s Congress secretariat shall establish people’s committees for the office, composed of members elected by the people. It shall also appoint its members or others as secretaries.
  5. The secretary of the General People’s Congress shall sign the credentials of the secretaries of People’s Committees of bureaus and their counterparts after taking the legal oath before the secretariat of the General People’s Congress.
  6. The General People’s Congress secretariat may extend the term of any secretary of the People’s Committees of a bureau for a renewable period of one year.

Article (7)

Secretaries and assistant secretaries of People’s Committees of bureaus shall be considered throughout their delegation as being seconded from their original to their assigned positions. Bureau secretaries shall be treated as employees of the fourteenth grade whereas assistant secretaries shall be treated as employees of the thirteenth grade. Their term of service abroad shall end at the expiration of the mission to which they are delegated and the expiration of the period of their selection.

All bureau delegates shall be considered as employees thereof. Their salary and other financial benefits shall be disbursed from the budget of such bureau. They shall be supervised and monitored by the People’s Committees of the bureau.

Article (8)

Any person selected as member of the People’s Committees of a bureau shall meet the conditions stipulated by Article (12) of the Law in addition to the requirements for members elected by the people.

Article (9)

In the absence of the secretary of the People’s Committee of the bureau for any reason, he shall be replaced by the most senior assistant secretary.

Article (10)

The secretary of the People’s Committee of the bureau or his replacement shall be responsible toward the authorities of the accredited country for all matters relating to the functions of the People’s Committee of the bureau. In this capacity, he shall perform all duties stipulated by international law and custom, treaties and agreements governing political relations, and rules of courtesy among countries. He shall task the People’s Committee members with any actions he deems necessary to execute the resolutions of the secretariat of the General People’s Committee of the Sector.

Chapter (2)

Consular Affairs

Article (11)

Consuls shall be appointed in accordance with the provisions of Articles (14) and (15) of the Law and the provisions of the present regulation.

In the absence of the consul or in the event of an impediment to taking office, he shall be replaced by the most senior employee of the consulate.

Article (12)

Consular functions shall be exercised in accordance with the relevant Libyan legislation in force, the Secretariat’s decisions issued in this respect, and the rules and principles of international treaties and agreements concluded in this respect.

Article (13)

By the decision of the secretariat of the General People’s Committee and based on the proposal of the secretariat of the General People’s Committee of the Sector, non-Libyan honorary consuls may be appointed to consular functions in the countries where the Great Jamahiriya has interests, in accordance with the following rules:

  1. Honorary consuls shall be appointed in the countries where the Great Jamahiriya has no political or consular mission.
  2. Any person appointed to such position shall meet the following requirements:
  3. Have normal residence in the host country.
  4. Be of good conduct and reputation.
  5. Be eminent and have a large network of connections in the host country.
  6. Not convicted of a felony or misdemeanour of moral turpitude.
  7. Approved by the host country.

Article (14)

A special register of Libyan citizens residing in the host country shall be set up for every consular mission of the Great Jamahiriya.

Every Libyan citizen residing for over six months in the consulate’s jurisdiction shall register his name free of charge. Such registration shall be annually renewed during the first three months of the year.

Article (15)

Members of general consulates shall assume the following competences in accordance with the Libyan legislation in force and the provisions of international treaties, agreements, rules and conventions, without contravening the legislation and traditions of the country where they hold office:

  1. Register any birth or death of a citizen of the Great Jamahiriya that falls under their jurisdiction.
  2. Document personal status papers including marriage contracts and the authentication thereof, divorce certificates and the review and authentication thereof, and all certificates pertaining to personal status, when all or some of the concerned persons hold the nationality of the Great Jamahiriya.
  3. Produce inheritance certificates upon conducting any inquiries deemed necessary.
  4. Document all papers issued by Libyan entities or citizens and all actions whose parties or part thereof are foreigners, if they pertain to funds existing inside the Great Jamahiriya.
  5. Authenticate the signature of Libyan citizens on customary documentation and date the same.
  6. Issue certificates of life for Libyan citizens and foreigners who need such certificates in the Great Jamahiriya.
  7. Issue and renew passports and travel documents, handle their related affairs, and provide visas on the passports and travel documents of foreigners.
  8. Take all precautionary measures regarding the funds of Libyan citizens who pass away in their jurisdiction, particularly when the heirs are absent, unknown, or partially or wholly incompetent and have no legal guardian, and act on behalf of such heirs before the judiciary.
  9. Complete repatriation procedures of deceased Libyans who pass away abroad, assume the expenses of funerals and of the preparation and transfer of the body to the Great Jamahiriya, and discharge the urgent and necessary obligations of the deceased to acquire or preserve his assets.

10.  Receive, preserve and open testaments if such testaments are official or handwritten and signed by the testator, or if the testament document validates the signature of the testator. The receipt of testaments shall be documented in a report signed by the member of the consular mission, the testator, and two witnesses. The envelope containing the testament shall be sealed, attached to the report, and preserved in the consulate’s treasury. During the lifetime of the testator, the deposited testament may only be retrieved for the testator himself, in which case a report of such retrieval shall be made and kept in the consular archives. A copy of both reports shall be sent immediately to the secretariat for preservation. At the request of concerned parties, the testament shall be opened after the death of the testator by the member of the consular mission in the presence of two witnesses. This member shall open the testament on his own accord if one of the concerned parties requests that the testament be opened within three months from the death of the testator.

11.  Provide an official copy of any documents they issue, translated into the language of the host country, in addition to a copy of any documents written in the language of such country, translated in Arabic.

12.  Validate signatures on documents issued by the authorities of the host country if the purpose of such documents is a protest submitted to Libyan authorities; and validate signatures on documents issued by Libyan authorities if the purpose thereof is to protest before foreign authorities.

13.  Work, upon request, to settle disputes arising among Libyans or between Libyans and foreigners in an amicable manner.

14.  Arbitrate, upon request, disputes arising between Libyans within their jurisdiction provided that the litigants waive all appeal procedures against the arbitration award in the arbitration agreement and that they authorise the consular officer to act as amiable compositor without being restricted by specific procedures.

15.  Take the necessary procedures and pay the expenses related to the voluntary deportation of the Great Jamahiriya citizens in accordance with the rules and conditions issued in this respect.

16.  Contact the competent judicial and administrative authorities of the host country to request the temporary apprehension of persons wanted by the Great Jamahiriya and take extradition procedures.

Article (16)

Consular fees and charges for bureau services shall be determined by a decision of the Secretariat.

Article (17)

Exemption from all fees is conditional upon the following cases:

  1. If the concerned person is a citizen of the Great Jamahiriya and is proven unable to pay such fees, in which case such inability shall be reported by the general consul.
  2. If an exemption text is stipulated by Libyan legislation or any treaty or agreement to which the Great Jamahiriya is party, or the exemption is stipulated by an international convention.
  3. If the document for which the fees are imposed belongs to a public entity of the Great Jamahiriya or is issued for the benefit thereof.
  4. Transactions pertaining to the students of the Great Jamahiriya abroad.
  5. Transactions pertaining to legal alimony.
  6. Transactions pertaining to foreign diplomats and persons who are exempted from fees as per the rules of courtesy.
  7. Transactions needed by the employee and his family for their residence or presence outside the Great Jamahiriya for work purposes.

Chapter (3)

Appointment, Promotion, Competency Report, and Seniority

Article (18)

Those who meet the requirements set forth by the aforementioned Law No. (55) of 1976 and Law No. (2) of 1369 FDP shall be appointed to Sector positions in accordance with the following rules and conditions:

  1. The candidate must hold an academic degree in any of the following majors:

-        Law

-        Political science

-        Economics, management, and computer science

-        Social and human sciences

  1. Appointment shall respect the positions of the Committee staff as approved by the Law upon passing an entrance examination prepared in accordance with the rules set forth by a Secretariat decision.
  2. The capacities relating to the positions stipulated by the Law shall be granted to those delegated to work abroad throughout their assigned mission.

Article (19)

Promotion to Sector positions shall be made from the preceding position. Promotion may only be made to a vacant post.

The appointment, promotion, preparation of competency reports, and seniority of Sector employees, as well as the establishment and competences of the Staff Affairs Committee shall be subject to the provisions of the aforementioned Law No. (55) of 1976 and the executive regulation thereof.

Chapter (4)

Reassignment, Secondment, Delegations, and Leave

Article (20)

Employees of the Committee secretariat shall be reassigned and seconded to public government entities in accordance with the provisions of the aforementioned Law No. (55) of 1976 and its executive regulation in addition to the relevant legislation in force.

Article (21)

Sector employees may be delegated to attend training courses by a decision of the secretariat of the General People’s Committee based on annual programs proposed by the Secretariat.

Article (22)

Sector employees shall be entitled to benefit from leave in the manner prescribed by the aforementioned Law No. (55) of 1976 and its executive regulation.

Chapter (5)

Delegation Affairs Committee

Article (23)

  1. A committee called “Delegation Affairs Committee” (DAC) shall be formed of the following members:
  2. The most senior assistant secretary as rapporteur.
  3. The undersecretary of the Secretariat or the person entrusted with the powers thereof.
  4. The competent political department director.
  5. The director of the general administration for treaties and legal affairs.
  6. Director of the inspection and follow-up office.
  7. Member for the employees stationed abroad division
  8. Two members of the General People’s Committee for Justice and Public Security.
    1. In the absence of the DAC rapporteur for any reason, the Committee secretary shall delegate any assistant secretary to replace him.
    2. The DAC secretariat shall be handled by a Sector employee of at least the eighth grade, to be delegated by a decision of the Committee secretary.

Article (24)

The DAC shall be responsible for ensuring that individuals delegated by all entities to work abroad fulfil the necessary requirements, and for regulating their seniority.

Article (25)

The DAC shall convene periodically at the invitation of its rapporteur.

Such invitation shall be addressed in writing to all DAC members at least three days before the scheduled meeting date. The date and place of the meeting shall be indicated in the invitation, and the meeting agenda shall be attached thereto.

Article (26)

The DAC secretary shall undertake the following under the supervision of its rapporteur:

  1. Prepare the DAC agenda and notify the DAC members thereof as instructed by the rapporteur.
  2. Prepare the minutes of DAC meetings, including the names of members present and the recommendations on proposed matters.
  3. Submit the minutes of the previous meeting to the DAC members for signature.
  4. Keep an agenda file and a special register that includes meeting minutes and recommendations marked with serial numbers and dates.
  5. Prepare and organise a sequential register for job seniority and arrange the same based on the date of commencement of each employee inside and outside the country.
  6. Inform the competent staff affairs entity of the DAC recommendations after their approval by the Secretariat in order to take the necessary procedures for their implementation.

The DAC secretary shall be responsible before the rapporteur for organising and keeping registers, minutes, recommendations, and all the papers relating to the DAC activity, and for preserving the confidentiality thereof. The DAC documents may only be circulated, copied, or transferred with the authorisation of the rapporteur.

Article (27)

The DAC agenda items shall be arranged in the following order:

  1. Previous recommendations rejected by the Secretariat.
  2. Important or urgent matters presented by the Secretariat or determined by the DAC rapporteur.
  3. Matters deferred from the previous meeting.
  4. Other business.

Article (28)

The DAC shall debate the agenda items in the order described in the previous article. It may disregard such order when necessary.

The DAC may not debate any matters that are not listed on the meeting agenda. Nonetheless, it may, at the request of its rapporteur or any of its members, examine an emergency matter if it deems it connected with a matter on the agenda or a problem that needs to be addressed immediately.

The DAC rapporteur may invite any person of useful expertise, knowledge, or opinion to attend the DAC sessions and participate in its discussions without having the right to make decisions.

Article (29)

The DAC rapporteur shall manage the sessions thereof. The discussions and deliberations thereof shall be secret. The DAC may assign one or more members to examine, study, or investigate any matter on the agenda that falls under its jurisdiction, and the outcome thereof shall be submitted to the DAC to take appropriate action in this regard.

Article (30)

In the exercise of its competences, the DAC shall observe the rules and conditions stipulated by this regulation in a manner that guarantees equal opportunity and work interest.

Article (31)

The DAC shall issue its decisions and recommendations by the absolute majority of its members. Such decisions and recommendations may only take effect after their approval by the Secretariat. If the latter objects thereto, the DAC shall be called to re-examine its recommendations within one month from the date that it was notified of the Secretariat’s objection.

Chapter (6)

Rules and Conditions of Delegation to Work Abroad

Article (32)

The following rules and conditions shall be observed upon delegation to bureaus:

  1. Meeting the requirements for appointment to Sector positions.
  2. The competency report rating of the delegated employee shall be no less than “good” for the past two years.
  3. The employee shall not have been referred to disciplinary trial, convicted and punished by a disciplinary penalty that has not been vacated.
  4. The employee shall not have been previously employed by a bureau and transferred for reasons related to his professional or ethical behaviour, or shall not have failed his financial obligations toward third parties.
  5. Four years must have elapsed since the end of his service abroad.

In any case, the total delegation periods shall not exceed twelve years per person.

Article (33)

For purposes of delegation to work abroad, Sector employees shall be included in the seniority register starting on the date of commencement according to the following guidelines:

  1. Date of appointment to the Sector.
  2. Date of return from the assignment abroad.
  3. Date of reassignment or secondment to any another entity, whatever it may be, inside or outside the country.
  4. Expiration of personal leave without pay, if it exceeds one year.
  5. Return from delegation to a training course exceeding one year.

Article (34)

Delegation shall occur once per year during the month of August of each year. Delegation procedures and the notification thereof to concerned parties shall be taken within at least two months before execution. The delegation decision shall indicate the date of return.

The delegate’s mission abroad shall automatically end upon expiration of the delegation term without the need for a notice from any entity.

Article (35)

The delegate abroad may return to the Great Jamahiriya to bring his family provided that his absence does not exceed ten days over the travel time from and to his duty station.

Article (36)

The decision concerning the delegation of employees shall determine the workplace of each employee. The bureau secretary shall distribute work among delegated employees based on their specialisation and subject to the nature of their work in the Sector as much as possible.

Article (37)

  1. Positions of technical experts, their assistants, technical advisors and their assistants may be filled by reassigning employees of other public entities in accordance with the following conditions and manners:
  2. Any person eligible for reassignment to such positions shall meet the conditions set forth by Article (12) of the Law, and the conditions set forth by this regulation.
  3. The employee shall be employed as a technical expert or assistant thereof, or as technical advisor or assistant thereof in other entities in accordance with the job titles prescribed by the Law, and he shall have exercised a technical job consistent with the job requirements to which he is reassigned.
    1. The correspondence between technical experts, their assistants, technical advisors, their assistants and their competent departments shall be conducted through the bureau secretary and under the supervision thereof.
    2. Any letters sent by public entities in charge of the affairs of technical experts, their assistants, technical advisors, and their assistants to the bureau through bureau secretaries shall be referred through the competent bureau secretary.
    3. Delegated technical experts, their assistants, and technical advisors shall be subject during their work in the bureau to the directives and instructions of the Sector. They shall work under the supervision and monitoring of the bureau secretary, and they shall be subject to the same administrative and financial rules and regulations applicable to their counterparts in the Sector. The bureau shall bear the cost of the salaries and financial benefits provided for by the Law and this regulation, which shall be allocated in the office’s budget.

Chapter (8)

Salaries, Bonuses, and Allowances

Article (38)

Upon appointment, the Sector employee shall be paid the basic salary of the grade to which he is appointed. The salary shall become payable starting on the date of commencement of the work.

Upon promotion, the employee shall be granted the basic salary of the grade he is promoted to or any bonus thereof, whichever is greater, without losing his entitlement to the annual bonus on its due date.

Article (39)

Sector employees may be given a distinction bonus by a decision of the General People’s Committee secretariat at the proposal of the secretariat of the General People’s Committee of the Sector, in accordance with the provisions of the aforementioned Law No. (15) of 1981.

Article (40)

The financial treatment of any person delegated to work abroad shall be based on his grade and basic salary at his original work entity in the Great Jamahiriya, in addition to the bonuses stipulated by law.

Article (41)

The person delegated to work abroad shall receive an allowance for working abroad throughout his service and authorised leave. Such allowance shall be reckoned as per the percentage indicated in Table (2) attached to this regulation in proportion to the basic amount set for his original grade or the grade he is delegated to without any other bonuses or allowances.

Such bonus shall become payable starting on the date of commencement of work abroad and shall end upon expiration thereof.

Article (42)

To determine the percentage of the work abroad bonus stipulated by the previous article, the countries of assignment of persons subject to the provisions of this regulation shall be divided into the categories set forth by the attached Table (1). The People’s Committee secretariat may, at the recommendation of the Committee secretariat, add any other country to Table (1) or revise it by moving a country from one category to another.

Article (43)

The General People’s Committee secretariat shall issue periodic decisions relating to the work bonus and other bonuses and benefits provided for delegates abroad, or any new bonuses as necessary, taking into account the living standard of other countries and the statistics of each country, based on the proposal of a committee established by the General People’s Committee secretariat and composed of Sector members, the secretariat of the General People’s Committee for Finance, and the secretariat of the General People’s Committee for Economy and Trade.

Article (44)

Office secretaries, members of People’s Committees of bureaus, and employees accredited in more than one country shall be entitled to the bonuses stipulated for the original country of delegation.

Article (45)

Delegates abroad shall be granted the family allowance determined for national employees inside the country in accordance with the provisions hereof.

Article (46)

Every bureau shall be allocated a specific amount for hospitality expenses in accordance with the attached Table No. (5).

Such amount shall be renewed periodically as necessary in accordance with the rules applicable for the settlement of petty cash. It shall be disbursed by the bureau secretary or his substitute.

Article (47)

Individuals delegated to work abroad in accordance with the provisions hereof shall be given a housing allowance in accordance with the attached Table (3). Such allowance shall be reduced by 25% for the unmarried.

If the rental value exceeds the aforementioned housing allowance, the bureau shall rent a decent residence for the employee within the limits of the value set forth in the attached Table (4). Amounts disbursed by the employer in accordance with this paragraph shall be limited to rental only, excluding electricity, water, gas, heat, air conditioning, and telephone expenses.

Article (48)

The addition of new countries to the schedule of countries where the rental value exceeds the set housing allowance, and the modification of such schedule shall be effected by a decision of the Committee secretary in coordination with the secretary of the General People’s Committee of Finance.

Article (49)

Secretaries of People’s Committees of bureaus shall be allocated furnished accommodation in return for a 50% reduction of their due housing allowance. The Sector shall bear all telephone, electricity, water, gas, heat and air conditioning expenses.

Article (50)

Upon starting his work for the office, the delegate shall be paid an advance equalling six months of housing allowance as a deposit for outfitting the residence.

These amounts shall be reimbursed in monthly instalments deducted from the salary as of the month following the payment of such advance and for a maximum of two years.

Article (51)

  1. The categories of overnight allowance granted to individuals delegated to work abroad and assigned to official missions away from their workplace shall be determined in accordance with the provisions of the regulation on delegation and overnight allowance applicable to employees of public administration units inside the country.
  2. Delegates and their families shall be flown in coach class, whereas secretaries and members of People’s Committees of bureaus as well as their spouses and children under ten years of age shall be flown in first class, with the rest of their family members flying coach.
  3. The travel expenses of delegates assigned on missions abroad through the shortest flights shall be borne by the Sector in the following cases:
  4. From the Great Jamahiriya to the duty station upon first-time delegation.
  5. From the duty station abroad to the Great Jamahiriya if the purpose of travel is to bring back the family. Such expenses shall be paid once.
  6. From the duty station abroad to the Great Jamahiriya and vice versa in the event of travel on authorised annual leave.
  7. From the duty station abroad to the Great Jamahiriya or to any other location if the delegate is recalled or delegated on a mission.
  8. The shipping of the personal luggage of the delegate and his family shall be at the expense of the Sector, weighting forty and thirty kilograms for the delegate and each member of his family respectively. The Sector shall assume the sea or land shipping costs of one vehicle and 30 square meters of furniture from one country to another or from the country of assignment to the Great Jamahiriya.
    1. In the implementation of the provisions hereof, the delegate’s family shall include the male children under eighteen years of age or aged between eighteen and twenty-four years if they are school or university students, as well as female children, whether unmarried, divorced, or widowed living with the delegate, and parents if he is their provider.
    2. Individuals delegated in accordance with the provisions hereof and their family members shall be entitled to travel tickets up to second class from the duty station to the Great Jamahiriya and vice versa in the event of the death of a relative of the delegate or his spouse’s.

Article (52)

The delegate shall be entitled, upon his delegation abroad or return to his previous job in the Great Jamahiriya, to a “travel allowance” reckoned based on the class of travel and overnight allowance for one week in accordance with the provisions of the regulation on delegation and overnight allowance issued by the General People’s Committee. 

Article (53)

The Sector shall pay for the education of the delegate and his family in the country of assignment throughout his delegation insofar as the education is in Arab schools and universities, if any, or in other schools or universities of such country.

The delegate may homeschool his children in accordance with the rules stipulated by the regulating legislation thereof.

Education cost shall refer to school fees, price of books, and tutoring sessions in the Arabic language and Islam. They shall be paid to those who homeschool their children.

Children of the delegate studying in the Great Jamahiriya shall be entitled to regular travel tickets at the beginning and the end of the school year from the Great Jamahiriya to the duty station of the delegate and vice versa. Regular tickets shall be provided to the escort of children under ten years of age who cannot travel alone.

Article (54)

The person delegated to work abroad and his family members shall benefit from free treatment at the expense of the delegating entity in the country of assignment. In the implementation of the provisions hereof, treatment shall refer to the following:

  1. Cost of medical examination.
  2. Cost of X-rays and analysis.
  3. Cost of surgeries and delivery.
  4. Cost of nursing and stay in hospitals and sanatoriums.
  5. Cost of medicine, medical drugs, prostheses, medical eyeglasses, and dental implants insofar as they are not made of precious metal.

Article (55)

His treatment in the same country, or if he is assigned to a difficult location stipulated in the attached Table (4). In any case, the impossibility of treatment shall be supported by a medical report validated by the bureau and it shall be carried out in the closest country where treatment is available. Delegation may only occur with the approval of the Secretariat. Those delegated for treatment shall be treated as is applicable to those delegated for treatment at the expense of society.

In the event of death of a Sector employee during his service abroad or a mission, his family shall be disbursed an amount equalling a total of three months’ worth of salary, bonuses, and allowances. The expenses of repatriation of the deceased to the Great Jamahiriya shall be borne by the Sector.

Article (56)

By a decision of the Secretariat of the General People’s Committee and at the proposal of the Secretariat, countries may be added to the attached Table (4) of difficult countries. One or more countries thereof may also be removed if the reason for being considered a difficult country ceases to exist. In this, the following criteria shall be observed:

  1. Spread of endemics.
  2. Lack of basic medical and educational services.
  3. Lack of basic living requirements and difficulty of communication and transportation.
  4. Security situation.
  5. Tough climate conditions.

Chapter (8)

Duties of Sector Employees and Disciplinary System

Article (57)

In matters not covered by the Law and the present regulation, Sector employees shall be subject to the provisions of the aforementioned Law No. (55) of 1976 and the regulations issued by virtue thereof pertaining to appointment, professional duties, prohibited activities, and disciplinary penalties.

Article (58)

The bureau secretary may only leave the country of assignment with the approval of the Committee secretary or his substitute. Bureau employees may not leave their area of jurisdiction for any reason unless by the authorisation of the bureau secretary or his substitute and with the Secretariat’s approval.

Article (59)

  1. The Committee secretary shall refer any Sector employee to investigation if such employee violates the provisions of the Law, the present regulation, and labour regulations, or trespasses the requirements of professional duty.
  2. The undersecretary or the person entrusted with his competences may exercise the power stipulated in the previous clause with regard to employees of the position of “advisor” and below.
  3. The investigation shall be conducted by a Sector employee or an ad hoc committee established by a decision of the entity that issued the referral to investigation decision, provided that the position and seniority of the delegated investigator or the head of the committee are not inferior to the position and seniority of the employee referred to investigation.

Article (60)

The Committee secretary may summon the bureau secretary or any employee thereof. The undersecretary or the person entrusted with his competences may summon any employee of the grade of “advisor” or below if the investigation or public interest requires so.

Article (61)

Disciplinary penalties that may be imposed on Sector employees of the grade of “assistant advisor” and below shall be:

  1. Warning.
  2. Salary deduction for a maximum period of sixty days per year. Deduction effected in execution of this penalty shall not exceed one-fourth of the monthly salary over the one-fourth that can be seized or waived by law.
  3. Deprivation of annual bonus.
  4. Suspension with salary deprivation for a maximum of six months. The period of provisional suspension shall be deducted from the period of suspension determined as a disciplinary penalty for the same act.
  5. Deprivation of promotion for a minimum of six months and a maximum of three years.
  6. Dismissal.

Sector employees of the grade of “advisor” and above shall only be subject to the following penalties by a decision of the competent disciplinary board:

  1. Reprimand
  2. Warning
  3. Dismissal

Article (62)

The secretary may impose the warning or salary deduction penalty for a maximum of sixty days per year, not exceeding fifteen days each time.

The undersecretary or the person entrusted with his competences may impose the warning or salary deduction penalty for a maximum of thirty days per year, not exceeding ten days each time.

Other penalties may only be imposed by a decision of the competent disciplinary board.

Article (63)

No penalty may be imposed on any employee unless a written investigation is conducted and the employee is allowed to defend himself.

Article (64)

The Public Prosecution shall be notified if the acts attributed to the Sector employee represent a criminal offence. Non-initiation of the criminal action or acquittal of the employee shall not prevent him from being subject to a disciplinary trial.

Article (65)

The decision of referral to disciplinary trial shall be issued by the Committee secretary and shall include the violations attributed to the employee. This decision and the date of trial hearing shall be notified in writing to the employee by an official letter to be signed by the employee to acknowledge receipt thereof or by a letter sent by registered mail at least fifteen days before the date of the disciplinary board session and thirty days if he works for a bureau abroad. 

Article (66)

The disciplinary trial of Sector employees shall be subject to the aforementioned Law No. (55) of 1976, Chapter 9 on political and special passports.

Chapter (9)

Political and Special Passports

Article (67)

Political and special passports shall be issued by the Committee secretary or his substitute.

The Sector’s General Administration of Protocol shall prepare the necessary forms, information, and registers to issue, deliver, receive, preserve, renew, withdraw, or cancel passports. It shall submit such forms to the Committee Secretary for approval.

Article (68)

Political passports may only be issued to non-nationals of the Great Jamahiriya in the exceptional cases determined by the secretariat of the General People’s Committee based on the proposal of the Committee secretariat.

Article (69)

Political or special passports may be granted without fees and without abiding by the requirements of regular passports in accordance with the relevant form.

The size and colour of political and special passports shall be of the same size and colour as the regular passport. Such passports shall include the basic information mentioned in the regular passport, with any additional information pertaining to political or special passports, the current or former title of the passport holder, which shall be translated into English, and the equivalent of such titles in accordance with international agreements to which the Great Jamahiriya is a party.

Article (70)

The information on political and special passports may only be modified with the consent of the Committee secretary or his substitute.

Article (71)

The political passport shall remain valid for four years and may be renewed thereafter provided that the passport’s validity period does not exceed eight years from its date of issuance.

Article (72)

The political or special passport shall be withdrawn by a decision of the Committee secretariat if such passport is used for other than its intended purposes.

Article (73)

All [sic] and special passports shall be handed over to the General Administration of Protocol at the end of the mission or the job for which they were granted or upon their expiration.

Article (74)

Envoys and persons tasked with special missions who may be granted political passports on a temporary basis are:

  1. Envoys and persons tasked with special missions by the secretariat of the General People’s Congress.
  2. Persons determined by a decision of the General People’s Committee secretariat.

Chapter (10)

Protocol Procedures

Article (75)

The credentials of ambassadors and heads of foreign political missions shall be delivered by the General People’s Congress secretary in a ceremony organised for this purpose as follows:

  1. The new ambassador or head of mission shall be informed of the date of submitting his credentials by the General Administration of Protocol according to the recognised priority.
  2. Credentials shall be received in the presence of the foreign affairs secretary of the General People’s Congress secretariat, the Committee secretary or his substitute, and the director of the General Administration of Protocol.
  3. An employee of the General Administration of Protocol of the Sector shall accompany the ambassador or head of mission from his place of residence to the headquarters of the General People’s Congress secretariat in a ceremonial vehicle mounted with the green flag on the right and the flag of the ambassador’s country on the left.
  4. Upon the arrival of the ambassador and his escorts to the headquarters of the General People’s Congress secretariat, the music band shall play the national anthem of the foreign ambassador’s country and he shall be greeted by a group of honour guard.
  5. The ambassador shall give a speech and present his credentials and the letter of recall of his predecessor.
  6. The secretary of the General People’s Congress shall receive the credentials by giving a speech in the Arabic language. He shall shake the hand of the mission members escorting the ambassador and introduce them by name and title.
  7. The ambassador shall be bid farewell by the secretary of the General People’s Congress. The music band shall play the “Allahu Akbar” anthem and the honour guard shall salute him.

Article (76)

The General Administration of Protocol shall establish the other detailed protocol rules and arrangements regarding the receipt of the credentials of foreign political missions accredited by the Great Jamahiriya.

Article (77)

Bureaus shall have a professional Staff organised by a decision of the General People’s Committee at the proposal of the secretariat of the General People’s Committee of the Sector.

 

 

Table (1)

Classification of Regions

Region 1:

Tunisia, Egypt, Syria, Jordan, Algeria, Pakistan, India, Czech Republic, Romania, Bulgaria, Albania, Cyprus, Turkey, Portugal, Iraq.

Region 2:

Lebanon, Oman, Cambodia, North Korea, Vietnam, China, Nepal, Yugoslavia, Hungary, Russian Federation, Mexico, Panama, Colombia, Greece, Spain, Australia, Ukraine, Kazakhstan,  Belarus, Uzbekistan, Georgia, Azerbaijan, Moldavia, Kyrgyzstan, Tajikistan, Armenia, Turkmenistan, Estonia, Latvia, Lithuania, Croatia, Slovenia, Bosnia and Herzegovina, Macedonia.

Region 3:

Saudi Arabia, Yemen, Kuwait, United Arab Emirates, Bahrain, Qatar, South Korea, Suriname, Venezuela, Holland, Italy, Sweden, Denmark, Belgium, France, Britain, Germany, Austria, Finland, Switzerland.

Region 4:

Afghanistan, Vanuatu, Brazil, Greenland, Canada, Sudan, Botswana, Burundi, Chad, Niger, Rwanda, Sierra Leone, Mauritius, Central African Republic, Togo, Kenya, Nicaragua, Seychelles, Mauritania, Cameroon, Madagascar, Senegal, Burkina Faso, Mali, Gambia, Bangladesh, Guyana, Cuba, Ethiopia, Tanzania, Benin, Trinidad and Tobago, Uganda, People’s Republic of the Congo, Grenada, Mozambique, Zimbabwe, Djibouti, Gabon, Comoros, Maldives, Guinea-Conakry, Equatorial Guinea, Guinea-Bissau, Sao Tome and Principe, Zaire, Somalia, Iran, Nigeria, Argentina, Ghana, Liberia, Ivory Coast, Namibia, Malawi, Angola, Congo-Brazzaville, South Africa.

Region 5:

United States of America, Japan, and the remaining countries.

 

 

Table (2)

Foreign service allowance per region:

Region 1: 135 of original basic salary

Region 2: 150 of original basic salary

Region 3: 165 of original basic salary

Region 4: 180 of original basic salary

Region 5: 195 of original basic salary

 

Table (3)

Housing allowance for staff abroad:

Region 1: LYD 476 per month

Region 2: LYD 518 per month

Region 3: LYD 560 per month

Region 4: LYD 602 per month

Region 5: LYD 645 per month

 

Table (4)

Difficult countries:

Sudan, Botswana, Burundi, Chad, Niger, Rwanda, Sierra Leone, Mauritius, Central African Republic, Togo, Kenya, Nicaragua, Seychelles, Mauritania, Cameroon, Madagascar, Senegal, Burkina Faso, Gambia, Bangladesh, Guyana, Cuba, Ethiopia, Tanzania, Benin, Trinidad and Tobago, Gabon, Agadez, Comoros, Maldives, Guinea-Conakry, Equatorial Guinea, Guinea-Bissau, Sao Tome and Principe, Zaire, Somalia, Iran, Japan, Nigeria, Argentina, Ghana, Yemen, Afghanistan, Vietnam, North Korea, Suriname, Algeria, Sri Lanka, Iraq, Cambodia, Albania, China, Ivory Coast, Liberia, Namibia, India, Angola, Congo-Brazzaville, Sierra Leone, Malawi, South Africa.

 

 

 

 

 

Table (5)

Amount of Hospitality Expenses per Region

S/N

Region

Allocated Amount

1

1

LYD 500

2

2

LYD 750

3

3

LYD 1000

4

4

LYD 1250

5

5

LYD 1500