Law No. (101) of 1993 Establishing Chambers of Commerce, Industry and Agriculture
- Category: Decision
- Source: chambers of commerce Industry, Agriculture, General Federation of Chambers
- Legislation status: active
Law No. (101) of 73 Establishing Chambers of Commerce, Industry and Agriculture
After reviewing the constitutional declaration.
And Law No. (2) of 1959 regarding the Benghazi Chamber of Commerce.
And Law No. (6) of 1962 regarding the Chamber of Commerce in Tripoli, as amended by Law No. (8) of 1962;
And Law No. (02) of 1973 establishing the Chamber of Maritime Navigation.
And based on what was presented by the Minister of Economy and the approval of the opinion of the Council of Ministers.
He issued the following law:-
Establishment of Chambers of Commerce, Industry and Agriculture
Article (1)
Chambers of commerce, industry and agriculture are established by a decision of the Minister of Economy.
Article (2)
The Chamber aims to organize and represent commercial, industrial and agricultural interests and contribute to achieving cooperation between the public and private sectors to achieve economic development goals.
The Chamber carries out all acts and behaviors that help achieve its purpose, taking into account the provisions of other laws, and in particular it has the following:
1) Representing commercial, industrial and agricultural bodies, organizations and interests in committees, institutions and conferences whose interest calls for their participation in them.
2) All information, data and statistics relevant to commerce, industry and agriculture, classifying them and providing the relevant authorities, persons, institutions and companies with them.
3) Submit suggestions, opinions and recommendations to the competent authorities regarding the development and organization of commercial, industrial and agricultural affairs, and the legislation and regulations related thereto.
4) Holding or participating in committees, seminars, economic conferences, local and international exhibitions, and sending and receiving trade delegations.
5) Issuing economic bulletins and commercial guides.
6) Issuing official certificates on the origin of national goods and products, prices of main commodities and crops, and all other certificates that the Minister of Economy authorizes the Chamber to issue.
7) To ratify the guarantees and the financial ability of the guarantors, and the commercial character and degree of the participants in the Chamber.
8) Settlement of commercial disputes that are submitted to it by agreement of the concerned parties inside and outside the country through the conciliation system or the arbitration committees formed for this purpose.
Article (3)
The Chamber shall have the right to own, sell, buy, mortgage, accept donations, gifts, subsidies, contract loans and other legal actions within the limits of the purposes for which it was established, and it is prohibited from engaging in speculative operations.
Article (4)
In order to achieve its objectives, the Chamber may contact ministries, departments, authorities, public institutions, local administration bodies, associations and companies to obtain data and information related to the Chamber’s purposes.
Entry in-room records and fees
Article (5)
Registration in the chamber’s records is mandatory for every natural or legal person who practices a commercial or industrial activity, whether national or foreign, and registration is optional for farmers.
The branches established by the trader in the Libyan Arab Republic, whether he is an individual or a company, as well as branches of foreign companies if their sole or main purpose is to practice commercial, industrial or agricultural activity in the Republic, and the registration of the subsidiary headquarters shall be in the register of the room in which the branch is located with a statement Headquarters and the name of the authorized representative of the subsidiary headquarters.
Article (6)
The entry in the room register is valid for one year and must be renewed before the end of the period.
The registration and renewal fee shall be determined by a decision of the Minister of Economy, provided that it does not exceed fifty dinars for the main headquarters and twenty-five dinars for the branch headquarters.
The executive regulations specify the procedures and conditions for submitting and renewing the registration application.
Article (7)
The license to engage in any commercial or industrial activity may not be renewed unless the person obligated to register submits to the competent authority issuing the license evidence of his registration in the chamber’s records and payment of the prescribed subscription fee.
Article (8)
The persons registered in the Chamber are classified into divisions, each of which includes persons who engage in the business of a homogeneous nature, and they are classified according to the principles and rules established by the Executive Regulations.
Article (9)
The members of each division elect three from among themselves to form the division committee. The committee represents them in the chamber’s general assembly and follows up on their interests through the board of directors.
Person companies in the division are represented by one of the partners, and the funds by a member of its board of directors.
In the management of the Chamber and the formation of its bodies
Article (10)
The management apparatus in the room consists of:-
1) The General Assembly.
2) Board of Directors.
Article (11)
The Chamber’s general assembly consists of all members of the people’s committees. It is called to meet once a year during the three months following the end of the fiscal year to consider the following issues:
1) Budget and final account.
2) The Board of Directors’ report on the activities of the ended year.
3) The auditor’s report.
4) Determining the remuneration of the chairman and members of the board of directors.
5) All issues that fall within the Chamber’s purposes and jurisdictions, and the text of this law or the regulations issued pursuant thereto does not provide for the competence of another body in it.
The Minister of Economy may invite the General Assembly to convene to consider the issues that he deems fit to be presented to it.
The executive regulation shall specify the procedures for convening the general assembly and the system of its workflow.
Article (12)
The Board of Directors is composed of a number of members, not less than five and not more than eleven members, provided that the General Assembly elects them by secret ballot from among the candidates for membership of the Board.
The Assembly nominates from among the elected members a Chairman and a Vice-Chairman of the Board of Directors, and a decision is issued for their appointment by the Minister of Economy.
Article (13)
The term of membership of the Board of Directors shall be three years, starting from the date of announcing the election result.
Article (14)
A candidate for membership in the Chamber’s Board of Directors shall meet the following conditions:
1) To be a citizen of the Republic Libyan Arab.
2) To be literate.
3) The year upon nomination shall not be less than twenty-five Gregorian years.
4) He must not have been convicted of a crime involving moral turpitude, bankruptcy crime, or crime other than in violation of the laws of price control, import or export, commercial fraud or currency control unless it is considered.
5) That his usual residence is in the area of competence of the Chamber nominated for membership in its Board of Directors.
6) To be a member of the Chamber’s general assembly, regularly fulfilling the obligations prescribed by the provisions of this law and the rules and regulations issued pursuant thereto.
Article (15)
If the position of a member of the Board of Directors becomes vacant for any reason, the candidate who obtained in the last election the largest number of votes after the last elected member shall replace him, provided that he obtained at least five valid votes of the electorate. The number of the remaining members of the Council was less than half. By-elections were held. In all cases, the term of the new member’s membership ends with the expiry of the term of an advance.
Article (16)
The Board of Directors is responsible for managing the affairs of the Chamber and for this purpose it has all the necessary powers and competencies, in particular, the following:
1) Implementation of the decisions and recommendations of the General Assembly.
2) Drawing up the Chamber’s general policy and supervising its implementation.
3) Encouraging projects aimed at reviving and developing trade, industry and agriculture.
4) Laying down the rules and regulations regulating technical, administrative, financial and personnel affairs.
5) Approval of the draft budget and final account.
6) Perform the transfer from one budget line to another.
7) Approval of the tenders and practices offered by the Chamber.
8) Accept gifts, donations, aids and bequests presented to the Chamber.
9) Study the reports submitted to him by the people’s committees or the chairman of the board of directors and take what he deems necessary in their regard.
10) Forming commercial delegations, defining their tasks and studying their results.
11) Approval of participation in conferences, meetings, committees and bodies that are held abroad in matters related to commerce, industry or agriculture.
12) Studying and preparing reports and recommendations regarding the development and regulation of commercial and industrial activities and affairs, and related legislation and regulations, in cooperation with the competent authorities.
13) Propose setting and amending fees for each category of registered persons in the Chamber’s records.
14) Laying down the systems and procedures for conciliation and arbitration and forming its committees in the implementation of the commercial stipulations.
15) Considering all issues that the Minister of Economy or the Chairman of the Board of Directors deems to be submitted to the Board of the Chamber.
Article (17)
The Board of Directors may form from among its members a committee or committees to entrust some of its powers.
It is also permissible to entrust the Chairman of the Board of Directors or the Secretary-General of the Chamber with some of these competencies or delegate to him a specific task.
Article (18)
The Board of Directors meets at the Chamber’s headquarters upon an invitation from the Chairman at least once a month. He may, when necessary, meet with all of its members outside the Chamber’s headquarters.
Article (19)
The executive regulations organize the procedures for calling the board of directors to meet, managing discussions, voting, issuing decisions, and recording them in a special register.
The decisions of the Board of Directors must be notified to the Minister of Economy within ten days from the date of their issuance.
Article (20)
The Chairman of the Board of Directors shall be responsible for managing the affairs of the Chamber and, in particular, the following:
1) Representing the Chamber in its relations with others and before the judiciary.
2) Presiding over the meetings of the Board of Directors and the General Assembly and signing the minutes of their sessions.
3) Implementing the decisions and recommendations of the Board of Directors and following up on the implementation of the decisions and recommendations of the General Assembly.
4) Preparing the agenda for the meetings of the Board of Directors of the General Assembly, presenting topics and managing discussions.
5) Preparing the draft budget and final account.
6) Sign contracts and agreements concluded with the Chamber, and follow up and monitor their implementation.
7) Signing the bonds and exchange permits.
Article (21)
The Vice-Chairman of the Board of Directors assists the Chairman in carrying out his competencies and replaces him during his absence or if there is an impediment to him.
The chairman of the board of directors may delegate some of his powers to his deputy or the secretary general of the chamber, after the approval of the board of directors.
Article (22)
It is not permissible for the Chairman of the Board of Directors or any of the members of the Board or the committees to conclude with the Chamber, personally or through an intermediary, a contract of participation, contracting, supply or sale, to buy a disputed right with it, or to work in a lawsuit or dispute against the Chamber in his capacity as a lawyer, expert, arbitrator or agent .
Article (23)
Membership shall be forfeited for every member of the Board of Directors who violates a provision of Article (22) or who fails to attend the meetings of the Board of Directors for three consecutive sessions without an excuse to be overturned by the Board or who loses one of the conditions of membership.
Article (24)
The Minister of Economy may issue a decision dissolving the Chamber’s board of directors and appointing a commissioner to have the powers of the board of directors until new elections are held, if the board violates the provisions of the law or the requirements of the public interest.
Chamber’s financial system
Article (25)
The Chamber’s funds consist of the following:-
1) Real estate and funds allocated by the state.
2) Real estate, establishments, funds and their movable values.
3) Donations, gifts, bequests and assistance presented to the Chamber and accepted by its Board of Directors.
4) The proceeds of the Chamber’s investments for its funds.
5) Its revenues from the prescribed fees by the provisions of this law, and the publications it issues.
6) Any other legally authorized revenues.
Article (26)
The Chamber’s fiscal year begins on the first of January and ends at the end of December of each year. The Chamber’s first fiscal year begins from the date of the decision to establish it and ends at the end of the following December.
Article (27)
The Chamber shall have an independent budget prepared at least three months before the beginning of the fiscal year, and the initial budget shall be prepared within three months from the date of implementing the decision to establish it.
The final account is prepared Three months from the end of the fiscal year.
Article (28)
The Chamber may not spend its money for purposes other than for which it was established.
It may invest its surplus revenues in a way that does not conflict with its purposes.
Article (29)
The Chamber’s accounts are audited by a certified legal auditor chosen by the General Assembly, and whose remuneration is determined, without prejudice to the audit of the Audit Bureau.
Article (30)
The budget, the final account, the categories of fees and the rules related thereto shall be published in one of the daily newspapers and in any other means of publication specified by the executive regulations.
General Federation of Chambers of Commerce, Industry and Agriculture
Article (31)
A general union of chambers established in accordance with the provisions of this law may be formed by a decision issued by the Council of Ministers based on a proposal by the Minister of Economy and includes defining the purposes, functions and system of the union.
General and transitional provisions
Article (32)
The decision to establish the Chamber includes the formation of a temporary committee to manage it until its first board of directors is elected. The formation of the Chamber’s general assembly and the election of its board of directors must take place within a maximum of six months from the date of enforcement of the establishment decision.
Article (33)
The Chamber of Commerce and Industry existing at the time of the issuance of this law in both Tripoli and Benghazi is considered a Chamber of Establishment, a Chamber established in accordance with the provisions of this law. Each of them retains its money, rights and obligations, and the employees in them retain their current conditions until the decisions regulating the affairs of the Chamber’s personnel are issued by the provisions of this law.
The Minister of Economy shall issue a decision appointing a delegate to manage each of the two chambers, who shall have the powers of the board of directors, until the board is elected.
Article (34)
Anyone who is required to be registered in the chamber’s records byto Article (5) and was not registered at the time of enforcement of this law in the records of any of the two chambers stipulated in Article (33) must submit an application for registration in the records within thirty days from the date of enforcement of the decision regarding the establishment of the chamber that falls Its activity is within its jurisdiction.
Article (35)
The executive regulations of this law are issued by a decision of the Minister of Economy.
Article (36)
Law No. (2) of 1959 and Law No. (8) of 1972 AD referred to, as well as any text that contradicts the provisions of this law, shall be repealed.
The rules and regulations currently in force in the Chambers of Tripoli and Benghazi shall continue to be enforced until the issuance of the regulations and regulations for the provisions of this law.
Article (37)
The provisions of this law do not apply to the Chambers of Maritime Navigation.
Article (38)
The Minister of Economy shall implement this law, and it shall come into force from the date of its publication in the Official Gazette.
Issued on the 18th of Dhul-Qa’dah 1393 AH
Corresponding to: December 12. 1973 AD
The decision of the Secretary of the General People’s Committee for Planning, Trade and Finance
No. (182) for the year 1993 AD
Concerning the establishment of new chambers of commerce
Secretary of the General People’s Committee for Planning, Trade and Finance
After perusal of Law No. 101 of 1973 regarding Chambers of Commerce, Industry and Agriculture and its executive regulations.
And the decision of the Council of Ministers (formerly) to establish a general federation of Chambers of Commerce, Industry and Agriculture issued on 4.15.1976 AD;
And the decision of the (former) Minister of Economy No. (64) for the year 1974 AD defining the regional scope of the Chambers of Commerce, Industry and Agriculture in Tripoli and Benghazi and regulating the establishment of their offices.
And the decision of the (former) Minister of Economy No. (36) for the year 1974 AD to determine the registration and renewal fees in the records of the Chamber of Commerce, Industry and Agriculture;
And based on the letter of the Assistant Secretary of the General Trade Union No. (31/1993) dated 1.1993.
decided
Article (1)
Chambers of Commerce, Industry and Agriculture shall be established in:
1) Misurata and its headquarters are in the city of Misurata.
2) Sebha, and it shall be based in the city of Sebha.
3) Derna, and its headquarters shall be in the city of Derna.
4) Al-Zawiya, and its headquarters shall be the city of Al-Zawiya.
5) Tobruk and it shall be based in the city of Tobruk.
As public institutions with legal personality and independent financial edema.
Article (2)
The administrative scope of the Chambers of Commerce, Industry and Agriculture in Tripoli and Benghazi shall be redefined as follows:-
First / Tripoli Chamber
Its jurisdiction includes the administrative scope of Tripoli, Al Khums, Maslatah, Tarhuna, Al Qarabouli, Tajoura, Al Azizia, Janzour, Jfara, Gharyan, Yafran, Jado, Mizdah, Nalut, Ghadames, Zintan, Rayayneh and Rajban.
Second / Benghazi room
Its jurisdiction includes the administrative scope of Benghazi, Ajdabiya, Jallow, Kufra, Qaminis, Al-Aqouriya, and Al-Abyar.
Article (3)
The scope of competence of the new chambers of commerce established under Article (1) of this Resolution shall be determined as follows:-
1) The Chamber of Commerce, Industry and Agriculture in Misurata, and its jurisdiction includes the city of Misurata, the oases, Sirte, Zliten, Bin Jawad, Al Jufra and Bani Walid.
2) The Chamber of Commerce, Industry and Agriculture in Sebha, and its jurisdiction includes the city of Sebha, Al-Shati, Murzuq, Ghat, Traghen, Ubari and the rest of the cities of the south.
3) The Chamber of Commerce, Industry and Agriculture of Derna, and its jurisdiction includes the city of Derna, Al-Bayda and Al-Marj.
4) Tobruk Chamber of Commerce, Industry and Agriculture, and its jurisdiction includes the city of Tobruk and its suburbs.
5) Chamber of Commerce, Industry and Agriculture in Zawia, and its jurisdiction includes the city of Zawia, Zuwara, Sabratha, Surman and Al-Ajilat.
Article (4)
The offices of the Chambers of Tripoli and Benghazi shall be transferred to the Chambers of Commerce as follows, with their rights and obligations, and the workers in these offices shall be transferred to the said chambers with the same job status, and the restrictions recorded in their records shall remain valid until the end of their term.
First: The offices of the Tripoli Chamber
The Zawia and Zuwara office and they go to the corner room.
Misurata office, which is transferred to the Misurata Chamber.
- Sebha office, which is transferred to the Sabha room.
Second: The offices of the Benghazi Chamber
Derna, Al-Bayda, and Al-Marj offices, which go to the Derna room.
Tobruk office, which leads to the Tobruk room.
Article (5)
This decision shall be effective from the date of its issuance, and the competent authorities shall implement it, and it shall be published in the Official Gazette.
issued in 19. Shawwal 1402 W.R
Corresponding to: 11.4. 1993 AD
Law No. (101) | Resolution No. (182)
General Federation of Chambers of Commerce, Industry and Agriculture in the Libyan Jamahiriya
The General Federation of Chambers of Commerce, Industry and Agriculture was established on 15/4/1976. It has a legal personality and is based in the city of Tripoli. The union includes:
Chamber of Commerce, Industry and Agriculture – Tripoli.
Chamber of Commerce, Industry and Agriculture – Benghazi.
Chamber of Commerce, Industry and Agriculture – Misurata.
Chamber of Commerce, Industry and Agriculture – Derna.
Chamber of Commerce, Industry and Agriculture – Zawia.
Chamber of Commerce, Industry and Agriculture – Tobruk.
The Union is based on taking care of the affairs related to trade, industry and agriculture in the Great Jamahiriya and caring for the common interests of workers in these fields in a way that serves the interest of the national economy and within the framework of the state’s general policy. Among its most important tasks:
• Coordinating the efforts of the chambers in order to promote the affairs of trade, industry and agriculture.
• Representing the chambers before the public authorities and other bodies in the discussions of trade delegations in foreign countries.
• Participation in economic conferences and internal and external exhibitions.
• Representing the Great Jamahiriya in the common rooms.
• Appointing the representatives and delegates referred to in clauses 4.3.2 from among the members of the Chambers and the Board of Directors of the Federation.
• Expressing an opinion on issues of laws and regulations related to the affairs of the economy, trade, industry and agriculture, and in commercial agreements.
• Settling any dispute that arises between the chambers.
• Arbitration between traders at the request of the stakeholders provided that the parties do not belong to one chamber of commerce.
• Arbitration and settlement of disputes involving a foreign party based on the agreement of the concerned parties.
The union is also managed by a board of directors that manages its affairs and achieves the purposes for which it was established, with the assistance of an administrative and technical body headed by a general secretary.
The Federation Council consists of the following:
• Chairmen of the boards of directors of all chambers of commerce in the Great Jamahiriya.
• Two members from among the members of each chamber chosen by the General Assembly.
The Board of Directors of the Federation, in its first meeting, ascends from among its members a Chairman and a Vice-Chairman, and a decision is issued for their appointment by the Secretary of the General People’s Committee for Economy and Commerce.