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LIBYA

Since March 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Regulations issued by the National Payments Council regarding electronic payment services, 2020
Art. 9 of the Regulations issued by the National Payments Council regarding electronic payment services stipulates any electronic payment service must be prepaid and in Libyan Dinar. Art 1 defines electronic payment services as services related to managing electronic money or issuing and managing pre-paid payment methods.
Art. 10 requires eWallet or mobile payments service providers to have a single bank account in one of the commercial banks of Libya that is dedicated to aggregating all payments by users. It prohibits the use of the account for any other use.
Coverage E-payments

LIBYA

Since December 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Circular No. 9-2020 Controls governing the procedures for opening documentary credits and selling foreign exchange for personal purposes, study, treatment, and expatriates
Art. 2 of Circular No. 9-2020 of the Central Bank of Libya stipulates that banks are granted the powers to decide on the sale of foreign exchange for personal purposes through the national number of every Libyan citizen aged eighteen years or older and within certain limits. The maximum amount transferred per person through all banks operating in Libya, whether through Visa or MasterCard cards or quick transfers, is USD 20,000 or its equivalent in other currencies per year. Additionally, the limit for issued Visa or MasterCard cards should not exceed an amount of USD 10,000 or its equivalent in other currencies per year.
Coverage E-payments

LIBYA

Since January 2010, last amended in April 2023

Pillar Online sales and transactions  |  Sub-pillar Licensing scheme for e-commerce providers
Law No. 23-2010 regarding Commercial Activity
According to Art. 1355 of Law No. 23-2010, it is not permissible to practice any commercial activity, profession, or conduct any business within Libya except after obtaining a license. It is unclear whether the law covers both online and offline activities. It does not differentiate between them. Hence, it is unclear whether the law covers electronic commerce or not. It is reported that some requirements apply to all businesses, including obtaining a Commercial Register certificate, registering with the Chamber of Commerce and the tax and labour departments, and obtaining a working license.
Coverage Horizontal

LIBYA

Since March 2020

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Regulation for Electronic Payments Services 2020
According to Art. 9.5 of the Regulation for Electronic Payments Services, all electronic payment services must be done in local currency (Libyan Dinar) and all the payment processes and operations take place in Libya.
Coverage E-payments

LIBYA

Since July 2012, last amended in December 2013

Pillar Online sales and transactions  |  Sub-pillar Maximum foreign equity share for investment in e-commerce sector
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya

Resolution No. 823-2013 stating provisions in Resolution No. 207-2012 of the Minister of Economy
Art. 6 of Resolution No. 207-2012, amended by Art. 2 of Resolution No. 823-2013, establishes a list of activities that only Libyans may carry out and for which therefore foreign investment if not allowed even through joint companies. This includes retail and wholesale trade. It is not clear whether this requirement applies online.
Coverage Import business, retail sector

LIBYA

Since September 2022

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Restrictions on encryption standards
Law No. 5-2022 on Combatting Cybercrime
Art. 9 of Law No.5-2022 states that no individual or entity shall produce, possess, provide, market, manufacture, import, or export encryption tools” without gaining authorization from authorities often used to protect online users' privacy.
Coverage Telecom equipment

LIBYA

Since September 2021,
as amended in March 2022

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Export restrictions on ICT goods, products and online services
Resolution No. 388-2022 regarding adding goods and materials to the list of goods prohibited for export pursuant to Resolution No. 359-2021
Art. 1 of Resolution No. 388 of 2022 added electrical and electronic devices and equipment to the list of goods prohibited for export pursuant to Resolution No. 359-2021.
Coverage Electric and electronic devices and equipment

LIBYA

Since November 2022

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar 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
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 July 2012, last amended in December 2013

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya

Resolution No. 823-2013 stating provisions in Resolution No. 207-2012 of the Minister of Economy
Art. 6 of Resolution No. 207-2012, last amended by Art. 2 of Resolution No. 823-2013, establishes a list of activities that only Libyans may carry out and for which therefore foreign investment if not allowed even through joint companies. These include import business.
Coverage Import business

LIBYA

Since September 2022

Pillar Content access  |  Sub-pillar 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 January 2010, last amended in April 2023

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 23-2010 regarding Commercial Activity
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. The law does not differentiate between online and offline commercial activity. However, it is unclear if this applies to the relevant sectors, online content providers, online services and applications, are also concerned. It is reported that some requirements apply to all businesses, including obtaining a Commercial Register certificate, registering with the Chamber of Commerce and the tax and labour departments, and obtaining a working license. It is reported that in May 2019, the government suspended the licenses of 40 foreign firms, including Alcatel-Lucent and Microsoft, asking for their renewal.
Coverage Horizontal

LIBYA

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
It is reported that internet shutdowns and disruptions occurred several times in 2022. This is despite the indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 4 in Libya. This corresponds to "The government does not typically interfere with the domestic access to the Internet."
Coverage Horizontal

LIBYA

Since September 2022

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Law No. 5-2022 regarding Combatting Cybercrime
According to Art. 7 of Law No. 5-2022 regarding combatting cybercrime, the National Information Security & Safety Authority (NISSA) reserves the right to monitor content published on websites and block digital content deemed offensive to Libyan culture and values.
Coverage Horizontal

LIBYA

Reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandated SIM registration
It is reported that at least since 2021, Libya has mandatory SIM card registration. Moreover, foreign subscribers are required to provide a valid visa and passport.
Coverage Telecommunications sector

LIBYA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Libya's law and jurisprudence.
Coverage Internet intermediaries