Decision No. 245 of 2024 on Determining the Regulations for Exporting the Output of Mines and Quarries

Decision No. 245 of 2024 regulates exporting mining and quarrying outputs in Libya, detailing licensing, conditions, and financial obligations.

Minister of Economy and Trade,

After reviewing:

• The Provisional Constitutional Declaration issued on August 3, 2011, and its amendments.
• The Libyan Political Agreement signed on December 17, 2015.
• The State Financial System Law, the Budget, Accounts, and Stores Regulations, and their amendments.
• Law No. 2 of 1971 concerning Mines and Quarries.
• Law No. 12 of 2010 concerning the issuance of labor relations and its executive regulations.
• Law No. 23 of 2010 concerning commercial activity.
• The decision of the House of Representatives in its session held on March 10, 2021, to grant confidence to the Government of National Unity.
• The General People's Committee Decision No. 233 of 2008, issuing the executive regulation of Law No. 2 of 1971 concerning Mines and Quarries.
• Cabinet Decision No. 235 of 2021 approving the organizational structure and competencies of the Ministry of Economy and Trade and organizing its administrative apparatus.
• Minister of Economy and Trade Decision No. 359 of 2021 defining lists of prohibited and restricted goods for export and import.
• Minister of Economy and Trade Decision No. 14 of 2022 concerning the internal organization of the ministry.
• Minister of Economy and Trade Decision No. 190 of 2024 concerning the prohibition of exporting a commodity.
• The proposal of the Deputy Minister of Economy and Trade for Office and Commercial Affairs.
• The requirements of the public interest.

Decided:

Article 1

The process of exporting the output of mining and quarrying work shall be regulated in accordance with the provisions of Law No. 2 of 1971 concerning Mines and Quarries and its executive regulation approved by Decision No. 233 of 2008, mentioned in the preamble of this decision, and in accordance with the provisions of this decision.

Article 2

Anyone engaged in mining and quarrying activities must obtain an investment license from the National Mining Corporation.

Article 3

Subject to the provisions of Articles 2 and 3 of the regulation attached to Decision No. 233 of 2008, mentioned in the preamble of this decision, the export of the following classifications of minerals and rocks resulting from mining and quarrying activities shall be allowed, following the regulations and conditions set forth in the applicable legislation and this decision:

• Group One: Metallic Minerals, including:
  • Category 2 Ferrous Metals: Iron, manganese, chromium, nickel, titanium, palladium, cobalt.
  • Category 3 Base Metals and Metalloids: Copper, lead, zinc, tin, tungsten, magnesium, antimony, barium, boron, fluorine, arsenic, molybdenum, bismuth, mercury, strontium, bauxite, and any other element belonging to this category.
  • Category 4 Rare Elements: Zirconium, cadmium, germanium, indium, selenium, tellurium, and titanium.
• Group Two: Non-Metallic Minerals, including:
  • Category 2 Natural Salts: All salts whether solid or dissolved, or in the form of compact deposits or natural saline liquids such as sodium and potassium salts, including sea table salt, alum, tarouna, sulfur, sulfates, bromine, iodine, borates, nitrates, and other salts found in the same deposits and highly saline waters extracted from oil wells and underground mineral waters.
  • Category 3 Industrial Minerals: Quartz, calcite, clays, feldspar, zeolite, phosphates.
  • Category 4 Industrial Rocks: All sedimentary rocks including sandstone, limestone, calcarenite, dolomitic limestone, dolomite, clays, anhydrite, gypsum, volcanic and plutonic igneous rocks including basalt, rhyolite, granite, granodiorite, gabbro, and metamorphic rocks including marble, phyllite, schist, calc-silicates, and amphibolites. All types of these rocks are used in various industries such as cement, steel, glass, pottery, ceramics, fertilizers, and chemical industries.
  • Category 5 Building Materials and Ornamental Rocks: Most of the rocks mentioned above that can be used as building materials such as sand, limestone aggregates, white brick (Garqarshi), and most rocks that can be used for interior and exterior building cladding. Commercially means marble after being cut, sanded, and polished, such as marble, marble limestone, granite.

Article 4

The National Mining Corporation shall transfer the following data to the Ministry of Economy and Trade on a quarterly basis:

• Financial data related to exploration, research, and investment operations.
• Financial data related to the obligations paid by investors, specifying the currency type, with each investor being required to pay through approved banking transactions.
• Production reports for each mineral and extracted and exported minerals.

These data are to be included in the state's gross domestic product (GDP).

Article 5

Before completing the export process, the Customs Authority must request an official statement issued by the National Mining Corporation indicating that each investor has paid the royalties stipulated in Article 10 of the regulation attached to Cabinet Decision No. 233 of 2008 mentioned in the preamble of this decision, which are:

In addition to paying 25% of the annual production value to the National Mining Corporation as stipulated in paragraph 4 of Article 14 of the same regulation.

The maximum limit for production sharing will be considered if the added value exceeds 40% of the product's cost.

Article 6

Minister of Economy and Trade Decision No. 190 of 2024, concerning the prohibition of exporting a commodity mentioned in the preamble of this decision, is hereby repealed.

Article 7

This decision shall be effective from the date of its issuance, and the concerned authorities must adhere to its provisions.

• Mohamed Ali Al-Hweij 
• Minister of Economy and Trade
• Issued on: 23 / 05 / 2024