Law No. 24 of 2023 concerning the prevention of the settlement of foreigners in Libya

Law No. 24 of 2023 concerning the prevention of the settlement of foreigners in Libya

House of Representatives

After reviewing:

• The interim constitutional declaration issued on August 3, 2011, and its amendments.
• Law No. 10 of 2014 regarding the election of the House of Representatives during the transitional phase.
• Law No. 4 of 2014 regarding the adoption of the internal system of the House of Representatives.
• Law No. 6 of 1987 regulating the entry, stay, and exit of foreigners in Libya and its amendments.
• Law No. 19 of 2010 concerning the fight against illegal immigration.
• Law No. 5 of 2018 on police force and its amendments.
• The Penal Code and its amendments.
• The Criminal Procedures Law and its amendments.

Being keen on the sanctity of Libyan territory and the sanctity of Libyan nationality, based on what was concluded by the House of Representatives in its regular meeting No. 1 of 2021, resumed on Wednesday, 29 Sha'ban 1444 AH, corresponding to March 22, 2023.

The following law was issued:

Article 1

Definitions:

• Settlement: It is the act of introducing foreigners to Libya to stay there and make it their permanent home. It also considers reintroducing foreigners to Libya after their departure and crossing the Libyan territory as a settlement.
• Settlement: A foreigner's entry into Libya intending to make it a permanent home, whether the foreigner entered through official border ports or other means, whether with a valid visa or without one. The intention of entry is a settlement. It's also considered settlement if a foreigner stays in Libya beyond the specified duration of his stay or remains after the reason for his entry or stay has ceased. A foreigner's entry or stay without a known cause is evidence that the purpose is a settlement in Libya.

Article 2

Anyone who enters the country intending to settle, whether their entry is under a valid or invalid visa, shall be punished with imprisonment and a fine of no less than one thousand dinars.

Article 3

Any natural person, as well as the legal representative of a legal entity, who shelters, employs, or facilitates the entry of a foreigner, knowing that they intend to settle in Libya and does not notify the competent authorities of their presence and the reason for sheltering them in Libya, shall be punished with imprisonment for a period not less than five years and a fine not exceeding ten thousand dinars.

Article 4

Legal entities will be punished by shutting down their premises and revoking the license granted to them to operate in Libya. Additionally, assets and properties related to the crime will be confiscated.

Article 5

No natural or legal person may employ a foreigner without obtaining a work permit from the Ministry of Labor. They also cannot facilitate the foreigner's residence, whether by providing accommodation or any place of residence or renting to him, especially if they are aware that the intent is settlement. They must not retain the foreigner after his work ends and must notify the competent authorities once his work concludes.

Article 6

Upon entering Libyan territory and residing in it, a foreigner must have a Libyan national as a guarantor. This guarantor will be responsible for all procedures related to the foreigner until their departure. The foreigner must also pay fees determined by the relevant authorities in exchange for facilitating living conditions.

Article 7

The judge may deport a foreigner who entered the country intending to settle. He may also expel the legal representative of a legal entity if he commits any behavior criminalized according to the provisions of this law.

Article 8

Any provision that contradicts the provisions of this law is annulled. Provisions of Law No. 19 of 2010 and Law No. 6 of 1987 and their amendments will apply where no provision is mentioned in this law.

Article 9

This law shall be published in the official gazette and shall be effective from the date of its publication.

• House of Representatives
• Issued in Benghazi
• Date: 21 Muharram 1445
• Corresponding to: August 8, 2023