Libya Country Dossier

A Hot Tip about Law and Compliance in Libya

Posted on: 5 Apr 2012

Overview of Customs Procedure, Customs Regimes, List of Customs Procedure Codes, List of Entry Ports and Codes, Description of Specimen Documents, Citations.

Country Dossier Libya NOTICE: For use on the Europa site, portions of the original version have been removed. As a consequence, page numbering may be interrupted. Libya Table of Contents Overview of Customs Procedure Customs Regimes List of Customs Procedure Codes List of Entry Ports and Codes Description of Specimen Documents Citations Overview of Customs Procedure In 2002, the Libyan government abolished import monopolies so that goods, formerly exclusively imported by national companies or official institutions, may now also be imported by private and other companies. The system for clearance of goods and documents is manual. Although a Customs Bureau Computer system exists, it is for internal use and is not involved in the clearance of goods. When goods arrive, the broker or the importer?s agent completes and submits the Customs Import Declaration (CID) to the Customs office with copies. This is stamped by the Customs Officer?s stamp at the beginning of the import process and simply validates the form. A unique number is assigned and entered into Box 1 at the top of the Customs Form. This is referred to as the ?Declaration Number? on all documentation and sometimes referred to by Customs as the ?transaction number.? This unique number is entered on subsequent forms and receipts. The amount of duty and associated fees are calculated and entered at the bottom of the Declaration. Confirmation that computations are correct are evidenced by the Treasury Office Stamp. Once the duty is paid, a Customs Duty Receipt is issued. After payment of the duty, the Customs Duty Receipt is presented to the Release Department who issues a Customs Release Certificate, and goods may be removed from the Port. Many agricultural goods are subject to health and safety documentation requirements. As required under the Libya health and safety procedures for foodstuffs and agricultural products, seals are broken and samples are taken by the customs officer. Two authorities are required to issue clearance letters to Customs, depending upon the nature of the import. Libya prohibits the importation pork and pork products, preserved meats, eggs, milk, date syrup, fresh, frozen and dried vegetables, fresh fruits (except when in season) and olive oil. 2 Libya Customs Regimes 1. Home Consumption Home Consumption means that the importer will remove the goods from customs? control and the goods will enter local commerce. Unless there is a specific exemption in force, it will require all customs duties, fees and taxes on importation to be paid. The Libyan Customs Import Declaration (CD) is the key form for customs clearance of goods into the domestic market. It is a single administrative document (SAD) and has to be completed by the importer in Arabic and submitted with seven copies. Other clearance documents include: a) Certificate of Origin (Shahadat al-Marushaa). b) Sample Test Report c) Release Certificate for Foodstuffs Duty Receipt Sample d) Air Waybill or Bill of Lading e) Commercial Invoice 2. Warehousing or Free Trade Zones Goods may be entered or admitted into customs-bonded warehouses or free trade zones. These kinds of entries place the merchandise in a place where it is temporarily exempt from customs duty. If the goods are later exported, they may permanently remain exempt from duty. Some bonded warehouses or free (or foreign) trade zones may allow the goods to be processed, manipulated or manufactured into new and different items. Ultimately, goods entered into a customs-bonded warehouse or free trade zone must be released for home consumption, destroyed under customs? supervision, or placed under another customs? procedure such as re-export. This is typically handled by filing another customs entry. 3. Transhipment or Transportation This keeps the goods in customs custody. They enter Libya for the sole purpose of being transported in or through the country or to a free trade zone. After this procedure the goods may either be exported from the territory or are placed under another procedure, e.g. enter the goods for free circulation or warehousing at a location where the transit operation finishes. 4. Temporary Admissions and Carnets Temporary Admissions allows goods to be used within the country but subject to customs? control. Goods and equipment may be imported under the temporary admission procedures for a renewable period of six months or until the expiry of the period of a specific contractual project for which they were imported. Libya is not a member of the TIR Convention. The ATA (Admission Temporaire) procedure is not allowed in Libya. 5. Re-exportation Goods that have been imported into Libya on a temporary admission, on which customs duties and taxes have not been collected, must be re- 3 Libya exported outside the country or to the Free Zone in accordance with the procedures set out in the customs regulation. In certain cases permission may be given for the transhipment of the goods or withdrawal of the goods that are not placed into the customs warehouse, from wharves to ships under the conditions prescribed by the customs authorities. A refundable deposit must be paid while the goods are in the process of transhipment. 4 Libya List of Customs Procedures Codes Codes are not used to identify the separate types of entries (temporary import, transhipment etc.) Only if an entry is under a regime other than definitive entry for consumption, are the details of the type of entry are written across boxes 44-49 (usually by hand). EU agricultural officials should be aware that even though the titles of boxes 44-49 do not refer to procedure codes, in practice customs officials write by hand the type of procedure across them. Boxes 2 (transaction code) and 3 (transaction type) of the Customs Import Declaration are, in practice, not completed. The eight copies of the Customs Import Declaration (SAD) are distributed to different departments involved in the customs clearance procedure, Customs Initiation of Transaction Department, Control Department, Cashier?s Department, Release Department, File Copy and three copies to the Customs Agent. 5 Libya List of Entry Ports and Codes Port of entry is appears in Box 18 of the Customs Import Declaration. Tripoli ??????????? ? main port for the west Benghazi ????????????? - main port for the east Misuratah ??????????? Tobruk ???????? Darnah ?????? Zuara ????? Ras Lanuf ?????????? ?? Marsa Al Burayqah ????????? ???????????????? As Sidr ??????????? Zueitina ??????????????????????? Zuwarah ????? Air transport: Tripoli International Airport ??? ????????? ???????? ??????? Benina International Airport ? ???? ???????? ??????????????????? Sebha ????????? Misurata ??????????? The name of the port of entry is stated on the customs stamp, i.e. the Benghazi stamp says Benghazi ?? ??????????? 6 Libya Specimen Documents Customs Import Declaration Purpose - Customs Declaration Issuing Authority ? Customs Bureau Where entry number is marked ? Declaration Number in Box 1 Where procedure code is marked ? No code is used for definitive entry. Other regimes, including temporary, warehouse or transit imports are identified by writing across boxes 44 ? 49. Where duty payment is marked ? Total, Box 63 Note: The document bears a reference to the Customs Bureau Computer System. The Customs Bureau Computer System is for internal use and is not involved in the clearance of goods. 7 Libya 8 Libya 9 Libya 10 Libya 11 Libya Customs Duty Receipt/Duty Receipt Sample Purpose ? Proof of duty payment Issuing Authority ? Customs Bureau Where entry number is marked ? Box titled, ?Customs Declaration Number? Where duty payment is marked ? Box titled, ?Total? Note: Marks 1, 3, 6, 34, 8 stand for the following 1=duty paid 3=municipality fees (0.5% of duty) 6=port fees (0.1% of duty) 1 34=Miscellaneous fees (0.025% of duty) 8=stamp duty 5/1000 rounded of total of 1+3+6+34 1 There may be various other small taxes 12 Libya 13 Libya Customs Release Permission Purpose ? Proof of release from Customs control Issuing Authority ? Customs Bureau Where entry number is marked ? line corresponding to ?Customs Declaration No.? Where duty payment (Customs Receipt number) is marked ? below the Customs Declaration Number; line corresponding to ?Customs receipt No.? 14 Libya 15 Libya Treasury Office Stamp Purpose ? Proof duty payment Issuing Authority ? Treasury Office Where duty payment is marked ? To confirm payment of duty in full, the Customs Import Declaration is stamped across Boxes 71 ? 77 by the Cashier. The stamp is rectangular with the Libyan eagle in the upper left corner. English Translation of the Stamp GSPLAJ General Peoples Committee of Finance Customs Authority Benghazi Customs Department Benghazi Maritime Customs Centre Cashier Office No. 1 Date Signature 16 Libya Citations ?Custom Law,? No. 67/1992 as amended 10/1980, 2/1991 General Peoples Decision No.271/1995 Peoples? Committee for Economy and Trade PO Box LY-Tripoli Tel: +218 21 3619397/4802891 Fax: +218 213615262 17
Posted: 05 April 2012

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