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LIBYA

Since October 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Art. 5 of Decree No. 944 stipulates that foreign nationals are prohibited from engaging in import and export activities, which are reserved exclusively for domestic persons.
Coverage Import and export activities

LIBYA

Since November 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Regulations for the type approval of telecommunications devices and equipment attached to Resolution of the Council of Ministers of the Government of National Unity No. 985 of 2022
لائحة الاعتماد النوعي لأجهزة ومعدات الاتصالات قرار رقم 985 لسنة 2022 مجلس وزراء حكومة الوحدة الوطنية
Art. 5 of the Regulations for the type approval of communications devices and equipment attached to Resolution No. 985-2022 states that the competent authority (General Authority for Communications and Informatics) has the right to issue quality approval certificates for telecommunications devices itself or delegate this to other entities. The authority has the right to accredit local and international bodies and laboratories for the purposes of quality approval, and it grants them the right to carry out measurements and tests related to the extent to which telecommunications devices and equipment conform to the approved technical standards. GACI also has the right to conclude memorandums of understanding with local or international bodies with the aim of mutual recognition of qualitative approval of telecommunications devices and inspection certificates. Art. 6.1 stipulates that it is not permissible to use, import, or sell any device after the issued type approval certificate expires unless it is renewed. According to Art. 6.6, GACI may conduct some tests on the devices and equipment in its laboratories or any other laboratories if it deems it necessary and include the device that has been qualitatively approved on the competent authority's website in the international information network.
Coverage Telecom equipment

LIBYA

Since September 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator Restrictions on encryption standards
Law No. 5 of 2022 regarding Combating Cybercrimes
قانون رقم 5 لسنة 2022 م بشأن مكافحة الجرائم الإلكترونية
Art. 9 of Law No. 5 of 2022 stipulates that no person or entity may produce, possess, supply, market, manufacture, import, or export encryption tools without prior authorisation from the competent authorities.
Coverage Telecom equipment

LIBYA

Since August 2023

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Decision No. 7 of 2023 approving the Regulations Governing the Operation of Electronic Stores
قرار رقم 7 لسنة 2023 م باعتماد لائحة تنظيم عمل المتاجر الإلكترونية
The Regulation on the Organisation of Electronic Store Operations establishes licensing requirements for providers of e‑commerce services.
Coverage E‑commerce sector

LIBYA

Since March 2020

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Regulations issued by the National Payments Council regarding Electronic Payment Services, 2020
لائحة خدمات الدفع الإلكتروني الصادرة عن مجلس المدفوعات الوطني مارس 2020
Art. 9.5 of the Regulations issued by the National Payments Council regarding Electronic Payment Services stipulates that any electronic payment service must be prepaid and denominated in Libyan Dinars. Art. 1 defines electronic payment services as services related to managing electronic money or issuing and managing prepaid payment methods.
Coverage E-payments

LIBYA

Since January 2010, last amended in April 2023

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law No. 23-2010 regarding Commercial Activity
قانون رقم 23 لسنة 2010 م بشأن النشاط التجاري
According to Art. 1355 of Law No. 23-2010, it is not permissible to practice any commercial activity or conduct any business within Libya except after obtaining a license. This process includes obtaining a Commercial Register certificate, registering with the Chamber of Commerce and the tax and labour departments, and then obtaining a working license. It is reported that in May 2019, the government suspended the licenses of 40 foreign firms, including Alcatel-Lucent (owned by Nokia) and Microsoft, asking for their renewal.
Coverage Horizontal

LIBYA

Since September 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Resolution No. 811-2022 regarding the approval of the conditions and controls for practising media activity
Art. 2.4 of Decision No. 811-2022, a license is required in the event that an audio channel or visual channel, satellite or terrestrial, affiliated with a foreign company or an entity operating outside Libya, as well as its headquarters outside Libya, wishes to open an office, branch, or activity within the Libyan state. The license requires approvals from the Foreign Media Department of the Ministry of Foreign Affairs, approval of the Libyan Intelligence Service, and Security approval, among others. It was reported in September 2022, that, while the decision largely targets television and radio outlets, it could negatively affect the online space as many of those operators maintain an online and social media presence.
Coverage Media sector

LIBYA

Since November 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Regulations for the Specific Approval of Communications Devices and Equipment attached to the Resolution of the Council of Ministers of the Government of National Unity No. 985-2022 issuing the Executive Regulations for Law No. 22-2010 on Communications
قرار رقم 985 لسنة 2022 م بإصدار اللوائح التنفيذية للقانون رقم 22 لسنة 2010 م بشأن الاتصالات
Art. 4.3 of the "Regulations for the Specific Approval of Communications Devices and Equipment attached to Resolution No. 985-2022" requires obtaining a permit from the competent authorities for the import, manufacture, assembly or trade of any telecommunications equipment, which should be in accordance with the approved standards and specifications, and in coordination with the concerned security agencies.
Coverage Telecommunications equipment

LIBYA

Since October 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Art. 5 of Decree No. 944 stipulates that foreign nationals are prohibited from engaging in import and export activities, which are reserved exclusively for domestic persons.
Coverage Import and export activities

LIBYA

Since October 2022
Since January 2010

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي

Law No. 9-2010 on the Encouragement of Investment
Art. 4 of Decree No. 944 imposes an obligation upon foreign companies operating in Libya to facilitate technology transfer, employ local personnel, and provide training for the domestic workforce. Also, in the conduct of their activities, such entities are required to use equipment, machinery, raw materials, and production inputs that are available on the local market. In addition, Art. 6 does not provide any exemption from the mandatory requirement that at least 75% of the workforce be composed of local employees.
Similarly, Art. 7 of Law No. 9-2010 on the Encouragement of Investment states that investment projects involving foreigners must fulfil all or part of the following listed requirements: (i) transferring and localizing knowledge, modern technology, technical expertise, or intellectual property rights; (ii) supporting links and integration between existing economic activities and projects, reducing production costs, or contributing to providing materials and operating requirements for them; (iii) exploiting or assisting in the exploitation of local raw materials; (iv) contributing to the development of remote areas; (v) producing goods for export or contributing to increasing exports, or as a result of which the import of goods is completely or partially dispensed with; (vi) providing a service needed by the national economy or contributing to its improvement, development or rehabilitation and (vii) providing employment opportunities for the Libyan workforce of no less than 30%, and working to train them and provide them with technical skills and expertise.
Coverage Horizontal

LIBYA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Libya has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Libya is not a Member of the WTO.
Coverage Telecommunications sector

LIBYA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Libya has a telecommunications authority: the General Authority for Communication and Informatics. However, it is reported the decision-making process of this entity is not independent from the government. In fact, its chairman has been appointed by a resolution from the prime minister. Furthermore, Art. 19 of Resolution No. 49-2022 stipulates that the internal organisation of the Authority shall be issued by a decision of the Chairman in coordination with the Ministry of Civil Service.
Coverage Telecommunications sector

LIBYA

Since March 2020

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Regulations issued by the National Payments Council regarding Electronic Payment Services, 2020
لائحة خدمات الدفع الإلكتروني الصادرة عن مجلس المدفوعات الوطني مارس 2020 م
Art. 9.5 of the Regulations on Electronic Payment Services stipulates that electronic payment service providers are required to ensure that all processing and payment operations take place entirely within the territory of Libya. In addition, Art. 10.1 provides that, as part of the terms and conditions applicable to electronic payment by cards denominated in Libyan dinar, the technological infrastructure used for the operation of the electronic transaction processing centre, whether owned by the provider or outsourced to a data centre, must be physically located within Libya.
Coverage Electronic payment service providers

LIBYA

Since October 2022

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 6-2022 on Electronic Transactions
قانون رقم 6 لسنة 2022م بشأن المعاملات الإلكترونية
According to Art. 78 of Law No. 6-2022 on Electronic Transactions, the transfer of personal data to a foreign country is only allowed if the appropriate level of data protection is considered, particularly the nature and source of the personal data and the purpose and duration of the transfer. Also, the applicable international obligations and laws and national data protection procedures of the country to which the data is transferred must be considered.
Coverage Horizontal

LIBYA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Libya has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

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