2022-06-06
Added · Updated
The General People's Congress of Libya enacted Law No. 9 of 2010 to consolidate previous investment statutes into a unified framework governing both national and foreign capital. The legislation establishes a dedicated administrative authority to streamline licensing, grants investors comprehensive tax and customs exemptions for up to five years, and guarantees fundamental rights including profit repatriation, foreign labor utilization, and protection against discriminatory expropriation. It further mandates strict project conditions such as technology transfer and a 30% local employment quota, while explicitly excluding oil and gas sectors and preserving existing exemptions for ongoing projects.
Get CBL alerts — same-day email on every new publication.
Issue 4
Law No. (9) of 1378 A.H. (2010 C.E.)
Regarding Investment Encouragement
The General People's Congress,...
The following Law has been drafted:
Article (1)
Definitions
In the application of the provisions of this Law, the following terms and expressions are intended to have the corresponding meanings unless the context indicates otherwise:
Issue 4
Article (2)
Scope of Application
This Law shall apply to national, foreign, or joint capital invested in the sectors targeted by this Law.
Article (3)
Objectives of the Law
This Law aims to encourage the investment of national and foreign capital to establish investment projects within the framework of the State's general policy and economic and social development objectives, ensuring in particular the achievement of the following objectives:
Issue 4
Article (4)
Forms of Investment
This Law regulates the investment of national and foreign capital contributing to the project's capital in one of the following forms:
Article (5)
Executing Authority
A specialized administrative authority shall be established to assume responsibility for implementing the provisions of this Law, and its facilitation and organization shall be issued by a decision of the General People's Committee, upon a proposal from the Secretary.
Article (6)
Functions of the Executing Authority
The Administrative Authority shall work to encourage the investment of national and foreign capital and promote investment projects through various means, and shall have in particular the following functions:
Issue 4
Article (7)
Conditions Required in Investment Projects
The project must achieve all or some of the following:
Article (8)
Investment Sectors
Investment shall be permitted in all production and service sectors. The Executive Regulations shall determine the production and service sectors not covered by this Law, or those restricted to Libyans only or to joint participation between Libyans and foreigners, along with the contribution percentage of each party, the legal form of the project, and the minimum capital, in accordance with the nature of the activity.
Issue 4
Article (9)
Investment Permit
A permit to establish, develop, rehabilitate, manage, or operate the investment project shall be issued by a decision of the Secretary, upon a proposal from the Administrative Authority. This authority shall exclusively have the competence to issue all licenses and approvals necessary for the investment project, such that these licenses and permits replace any other licenses or permits stipulated under prevailing legislation. The Executive Regulations shall determine the conditions and controls for granting permits and licenses.
Article (10)
Benefits and Exemptions
The investment project subject to the provisions of this Law shall enjoy the following benefits:
Issue 4
The Executive Regulations of this Law shall determine the conditions and controls necessary to implement this Article.
Article (11)
Disposal of Machinery and Equipment
It is not permissible to sell or dispose of imported machinery, equipment, furniture, transportation means, devices, spare parts, raw materials, and operational supplies intended for the project, except with the approval of the Administrative Authority and after paying all customs duties and taxes levied on their import.
Article (12)
Investor Rights
The investor shall have the right to:
Article (13)
Foreign Employees
Foreign employees brought from abroad shall have the right to transfer their salaries, wages, and any benefits granted to them within the framework of the investment project abroad. They shall also be exempt from customs duties regarding their personal belongings, all in accordance with what the Executive Regulations shall determine.
Issue 4
Article (14)
Investment Register
Without prejudice to the regulations governing the commercial register, a special register called the (Investment Register) shall be established at the Administrative Authority. All investment projects shall be recorded therein, indicating their legal form, investment size, activity type, names of owners and shareholders, their nationalities, and the percentage of foreign presence. The Executive Regulations shall determine the controls and procedures for registration in the Investment Register.
Article (15)
Additional Benefits and Exemptions
By decision of the General People's Committee, upon a proposal from the Secretary, tax exemptions for a period not exceeding three years or other additional benefits may be granted to investment projects proven to:
Article (16)
Privatization of Economic Units
Economic units targeted for privatization that achieve the objectives and conditions stipulated in this Law shall enjoy all benefits and exemptions therein in case of their development, rehabilitation, management, or operation, subject to a decision issued by the General People's Committee regarding them.
Article (17)
Use of Real Estate
As an exception to prevailing legislation regarding ownership, the investor shall have the right to use real estate necessary for establishing or operating the project, whether public or private, all in accordance with the conditions and arrangements determined by the Executive Regulations.
Issue 4
Article (18)
Disposal of the Project
Ownership of the project may be transferred wholly or partially to another investor with the approval of the Administrative Authority. The new owner shall succeed the previous owner in the rights, obligations, and liabilities arising under this Law and other prevailing legislation. The Executive Regulations shall determine the conditions and arrangements for transferring ownership.
Article (19)
Violations
If the investor is found to have violated any provision of this Law, the Administrative Authority shall warn the violator to rectify the violation within a reasonable period specified in the warning. If the violator fails to do so, the Administrative Authority may deprive the project of some of the benefits and exemptions stipulated in this Law, revoke the licenses granted to it, or refer the matter to the competent judicial authorities to compel the investor to pay double the amount of the exemptions granted.
Article (20)
Revocation of Licenses
Approvals and licenses issued for the project may be revoked, or the project may be finally liquidated, in the following cases:
Article (21)
Appeal
The investor may appeal in writing against any decision issued against them in violation of the provisions of this Law within thirty days from the date of notification by a letter accompanied by a receipt. The Executive Regulations shall determine the authority before which the appeal is filed, the appeal procedures, and the duration of adjudication.
Issue 4
Article (22)
Project Accounting Documents
The project owner must maintain the legal books and final accounts necessary for the project according to prevailing legislation, and prepare the annual balance sheet and accounts. The final accounts shall be certified by a certified public accountant according to the conditions stipulated in the Commercial Activity Law and in accordance with professional standards.
Article (23)
Project Guarantees
The project shall not be nationalized, expropriated, compulsorily seized, confiscated, placed under guardianship, attached, frozen, or subjected to measures having the same effect, except by law or court order and in exchange for fair compensation. These measures must be taken in a non-discriminatory manner, and compensation shall be based on the fair market value of the project at the time the measure is taken. The conversion of the compensation value into convertible currencies shall be permitted within a period not exceeding one year from the date of the law or judgment, at the prevailing exchange rates at the time of conversion.
Article (24)
Dispute Resolution
Any dispute arising between the foreign investor and the State, whether due to the investor's action or as a result of measures taken by the State, shall be referred to the competent courts in the State, unless there is a bilateral agreement between the State and the investor's home country, or multilateral agreements to which the investor's home country is a party, containing provisions related to settlement or arbitration, or a special agreement between the investor and the State stipulating an arbitration clause.
Article (25)
Fees for Services
A decision shall be issued by the Secretary, upon a proposal from the Administrative Authority, determining the fees due from the investor in consideration for the provision of services.
Issue 4
Article (26)
Judicial Police Officers
Employees of the Administrative Authority whose designation is specified by a decision of the competent Secretary shall have the status of judicial police officers to monitor the implementation of this Law's provisions, record and prove violations, and refer them to the competent authority. In this regard, they shall have the right to inspect investment projects and review related books and documents. Other supervisory and police authorities with related duties shall notify the Administrative Authority and coordinate with it before carrying out any inspection or supervision work on investment projects licensed under this Law.
Article (27)
Excluded from the Scope of this Law
The provisions of this Law shall not apply to national and foreign capital invested or to be invested in oil and gas projects.
Article (28)
Application of Regulations Governing Economic Activity The provisions of regulations governing economic activity shall apply to those subject to this Law, in matters not specifically addressed therein.
Article (29)
Executive Regulations
The Executive Regulations of this Law shall be issued by a decision of the General People's Committee, upon a proposal from the Secretary.
Article (30)
Repeal of Previous Laws
Law No. (5) of 1426 C.E. on Encouraging the Investment of Foreign Capital and its amendments, and Law No. (6) of 1375 A.H. on the Investment of National Capital, and Article 10 of Law No. (7) of 1372 A.H. on Tourism, are hereby repealed. Any other provision conflicting with this Law is also repealed. The provisions of this Law shall apply to all investment projects, events, and transactions related thereto existing under the previous laws mentioned in this Article at the time of its issuance, without prejudice to benefits and exemptions granted prior to its issuance. The regulations and executive decisions issued under the aforementioned laws shall remain in effect to the extent they do not conflict with this Law, until the Executive Regulations of this Law are issued.
Article (31)
Publication
This Law shall be enforced from the date of its publication in the Legislation Codex.
General People's Congress
Issued in: Sirte
Date: 13 / Safar / 1378 A.H.
Corresponding to: 28 / February / 2010 C.E.
Note from RegAlert. AI assistants can read this document in full, and search 70,000+ more, through the RegAlert MCP connector (https://mcp.regalert.today/mcp). Free with an account. How to connect ChatGPT, Claude or Cursor.
Source: Central Bank of Libya — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
More like this from CBL
We email you every new CBL publication the day it's published.