Law No. 23 of 2010 regarding Commercial Activity 

Page 8 of 13

Book Eight Provisions of export and import 

Article 1191 

Rules organizing export and import 

The concerned authority shall assume drawing up of rules, regulations and conditions related to export, import, re-export, prohibition, restriction of the import or export of any commodities and goods to certain authorities. 

The concerned secretary may restrict, prevent and stop export or import of any commodity or goods of any commodities or goods from the prohibited and restricted lists of the import and export according to exigencies of the public interests.

Article 1191 

Export 

All the commodities and good are allowed to be exported without any quantitative or administrative restrictions by organs practicing commercial activity, which are registered in the commercial register, and the export and import activity is amongst their purposes. The commodities produces are also allowed t export their products, with exception of the prohibited commodities. 

Article 1193 

Re-export 

The organs practicing the commercial activity which are registered in the commercial register shall be allowed to re-export all the imported commodities and goods with exception of the subsidized and prohibited commodities. The goods and commodities which their import is restricted shall be prohibited from re-export with exception of the authority to which the import is restricted. 

Article 1194 

Import 

All the commodities and goods are allowed to be imported without any quantitative or administrative restriction by organs practicing the commercial activity which are registered in the commercial register and the export and import activity is amongst their purposes with exception of the prohibited commodities. 

Article 1195 

Specification of commodities and goods 

The imported commodities and goods should be in conformity with standard conditions and specification approved with National centre for specification and standards and according to the applicable legislations. 

Article 1196 

Imports of productive and servicing units 

The productive and servicing units may import their needs of operation requirements and raw materials according to rules to be defined by the executive regulation provided for in article (1200).

Article 1197 

Imports of foreign companies branches 

The branches of the foreign companies which are permitted to exercise the activity shall be allowed to import their needs of machinery, equipment and operation requirements which are not available on local market within the limits require by the projects which then are executing according to the concluded contracts. They shall be allowed also to re-export the machinery and equipment which they have imported or purchase locally according to conditions and measures set out in the executive regulation provided for in article (1200). 

Article 1198 

Prohibition of export and import activity on authorities And public administrative units 

The authorities and public administrative units other than the organs of practicing the economic activity provided for in this law, shall be prohibited from performing export and import operations of the commodities and goods with exception of the public authorities to which import of some important strategic commodities to be fixed by a resolution of the concealed secretary is restricted. 

Article 1199 

Exporter and importers register 

A particular register called the exporters and importer register shall be established in which the economic activity practicing organs which the activity of export or import or both of them is amongst their purpose shall be entered within the framework of the commercial register in method to be organized by the executive regulation provided for in article (1200) of this law. 

Article 1200 

The executive regulation organizing the export and import 

The executive regulation shall define the provisions organizing the export and import particularly the following: 

1. Definition of the detailed rules, conditions and formalities organizing the export and import and prohibition and restriction of the commodities and goods.
2. Division of the imported commodities into categories. 
3. Organization of exporters and importers register, rules and formalities of the entry thereto. 
4. Conditions for export and import of needs of the foreign companies and their branches in Great Jamahiriya and the necessary measures 

Article 1201 

Modes of payment 

The payment operations related to export and import shall be effected according to the approved banking modes. 

Article 1202 

Judicial officer 

The officials in respect of whom a resolution shall be issued by the general people committee upon presentation of the concerned secretary shall have the capacity of the judicial officer in verifying the crimes provided for in this book. 

Article 1203 

Penalties 

Without prejudice to any aggravating penalty provided for in penal code or any other law, any one who contradict the provisions of the article (1195) of this law shall be amerced by a financial fine not less than (1000 LD) one thousand dinars. 

In case of issuance of the final rejection by the competent controlling authorities to grant the release of the imported commodities and goods, the importer should re-export the rejected goods within maximum fifteen days from the date of notification of the rejection. 

If the importer did not comply with re-export within the said limited time he shall be amerced by a fine not less than (1000 LD) one thousand dinars and not more than (5000 LD) five thousand dinars with confiscation of the commodities and goods and he shall bear all the expenses to be resulted for disposing thereof. 

The productive and servicing units shall be amerced, in case of contradicting the article (1196) of this law, by a fine not less than (1000 LD) one thousand dinars and not exceeding (5000 LD) five thousand dinars with confiscation of the commodities imported by contradiction. 

The foreign companies which are permitted to practice the activity in Jamahiriya shall be amerced , in case of contradicting the article (1197) of this law, be a fine not less than (5000 LD) fived thousand dinars and not more than (15000 LD) fifteen thousand dinars with confiscation of the commodities imported by contradiction. 

Anyone who provided false data for entry into the exporters and importer register set out in article 1999) of this law shall be amerced also by a fine not less than (1000 LD) one thousand dinars and not more than (5000 LD) five thousand dinars.