ESG Litigation Guide

Libya

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Environmental

Environmental policy

In force since 2007

Industrial and chemical companies, hospitals and research centres 

This decision relates specifically to hazardous, toxic, radioactive, or harmful waste. In accordance with this regulation, the entities governed by this regulation must collect, transport, and dispose the hazardous, toxic, radioactive or harmful waste in accordance with the methods determined by the Ministry of Environment and under the supervision of each municipality’s environmental sanitation office.

Environmental

Disclosure requirements

In force since 2010

All private and public commercial entities

Article 1279 requires private and commercial entities governed by Law No. 23 to disclose the materials that their products are made from. The disclosure must mention: (a) the names of these materials and their ratios, (b) whether the products have been genetically modified or not, (c) whether the products constitute any danger and how dangerous the products are, and (d) whether the products have been irradiated or not. 

Environmental

Environmental Policy and disclosure requirements

In force since 2022

All private and public commercial entities and their employees

This Decree requires commercial entities to allocate 2 percent of their annual profits to social responsibility initiatives. The initiatives must involve environment protection as well as other areas of development, family and children care, or youth support. Commercial entities must also disclose their related expenses in their annual reports.

Environmental

Environmental Policy and Disclosure requirements 

In force since 2003

All legal and natural persons.

Entities and individuals governed by Law 15 must inform the competent authority of incidents occurring due to activities leading to environmental pollution. In addition, these entities and individuals must possess the necessary equipment and devices for the control of pollution and protection therefrom. Law 15 also prohibits disposing of any waste that can cause direct or indirect pollution to water sources.  

Environmental

Environmental Policy

In force since 2005

All legal and natural persons

This Law prohibits transporting on public roads any chemical materials that can explode or cause any damage to the environment without prior consent from the Minister of Interior. This Law requires the transporter of such products to inform the police of any accident.

Environmental

Environmental Policy

In force since 2007

Any entities or individuals that undertake manufacturing activities in an industrial zone

This Decree requires entities/individuals who undertake activities in an industrial zone to disclose to the Public Authority for Industry (PAI) the types of waste that they produce during their manufacturing activities and to obtain approval from the PAI for devices they plan use to control the emission of toxic gases.

Environmental

Environmental Policy

In force since 1973

All legal and natural persons

This Law prohibits conducting any type of activity that may pollute drinkable water. It also prohibits conducting any type of activity that results in the water causing harm to public health.

Environmental

Environmental Policy

In force since 1968

Any person who is legally authorised to carry out petroleum operations in Libya

This regulation requires every concession holder (anyone who is legally authorised to conduct oil operations within Libya) to take reasonable precautions to prevent damage or hazard as a result of operations to human life, property, natural resources, coasts, cemeteries, or places of archaeological, religious or touristic interest, of public installation.

Social

Social Policy

In force since 2010

All private and public entities

In accordance with this Law, employers are prohibited from employing children unless the child is 16 years old or older and the  employment is for the child to learn a new craft. 

Pursuant to this Law, occupying functions and professions in all work and production sites will be on the bases of qualifications, merits, capability and impartiality; and selection between candidates will be based on integrity, transparency and justice; it prohibits favouritism or discrimination due to union membership or social origin or any other discriminatory links.

Social

Social Policy

In force since 2005

All legal and natural persons 

This Charter prohibits all forms of slavery and trafficking in human beings. In addition, it prohibits forced labour, trafficking in human beings for the purposes of prostitution or sexual exploitation, the exploitation or the prostitution of others or any other form of exploitation or the exploitation of children in armed conflict.

Governance

Disclosure

In force since 2022

All private and public commercial entities 

This Decree requires commercial entities to be transparent by disclosing any information related to procedures implemented by the company or any of the company’s decisions such as the company’s decision to allocate dividends.   By virtue of this Decree, commercial entities are required to consistently update their website in addition to attaching the company’s official contact and email in the company’s publications. 

Governance

Governance Policy

In force since 2014

All legal and natural persons

This Law established the National Anti-Corruption Commission (“NACC”). By virtue of this Law, the NACC has the legal authority to receive, examine, and keep financial disclosures in addition to requesting clarification related thereto from concerned persons or competent authorities. Moreover, the NACC can coordinate with the Central Bank of Libya and the relevant entities to reclaim the funds resulting from corruption outside and inside Libya. In addition to this, the NACC may investigate and detect certain crimes such as crimes against public funds and public trust, crimes of misuse of position or corruption, or favouritism. 

Governance

Governance Policy

In force since 1979

All legal and natural persons

This Law prohibits public servants from receiving or accepting gifts, cash that the public servant is not entitled to for themselves or for another person, to induce the public servant to refrain from their duty or to violate their duty. Also, it is prohibited to offer public servants a gift or promise of money or a benefit to which they are not entitled to in order to induce the public servant to perform or violate their duty, in return for a benefit. 

Governance

Governance Policy

In force since 1953

All legal and natural persons

Under Article 229 of the Penal Code, an employee in a private entity, such as a privately owned company or a branch of a foreign company, shall if found guilty of requesting, accepting or taking for himself or a third party a promise or gift without the knowledge or approval of their employer for the purpose of the performance or non-performance of their functions,  be punished by a term of imprisonment ranging from 1 day to 3 years.

Governance

Governance Policy

In force since 2005

All legal and natural persons

The United Nations Convention against Corruption was ratified by Libya in 2005 by virtue of Law 10 regarding the Ratification of International Treaties, Agreements and Protocols Concluded between the Great Socialist People’s Libyan Arab Jamahiriya and other Countries within the Scope of Regional and International Organization. The Convention covers many different forms of corruption, such as bribery, trading in influence, abuse of functions, and various acts of corruption in the private sector. Neither the Convention nor the implementing Libyan legislation (Law 10) prescribes specific penalties. Law 10 does not specify whether companies or directors may be held criminally liable for intentional violations. In practice, both companies and directors may be held criminally liable. There is a different penalty for each crime ranging from imprisonment of 3 years to 15 years corresponding to the severity of the crime.

"Hogan Lovells" or the "firm" refers to the international legal practice that comprises Hogan Lovells International LLP, Hogan Lovells US LLP and their affiliated businesses, each of which is a separate legal entity. Hogan Lovells International LLP is a limited liability partnership registered in England and Wales with registered number OC323639 and is authorised and regulated by the Solicitors Regulation Authority of England and Wales. Registered office and principal place of business: Atlantic House, Holborn Viaduct, London EC1A 2FG. Hogan Lovells US LLP is a limited liability partnership registered in the state of Delaware. The word "partner" is used to describe a partner or member of Hogan Lovells International LLP, Hogan Lovells US LLP or any of their affiliated entities or any employee or consultant with equivalent standing. Certain individuals, who are designated as partners, but who are not members of Hogan Lovells International LLP, do not hold qualifications equivalent to members. For more information about Hogan Lovells, the partners and their qualifications, see other pages on this website.

Rankings and quotes from legal directories and other sources may refer to the former firms of Hogan & Hartson LLP and Lovells LLP. Where case studies are included, results achieved do not guarantee similar outcomes for other clients.  Images of people may feature current or former lawyers and employees at Hogan Lovells or models not connected with the firm. New York State Notice: Attorney Advertising.

Cyber Risk Services (incorporated as Hogan Lovells Cybersecurity Solutions LLC) is a wholly owned subsidiary of Hogan Lovells US LLP. Hogan Lovells Solutions (Transfer Pricing) Limited (which practices as Hogan Lovells Transfer Pricing) is a company registered in England and Wales with registered number 10325784 and is jointly owned by wholly owned subsidiaries of Hogan Lovells US LLP and Hogan Lovells International LLP. Hogan Lovells Solutions Limited (which also practices as Hogan Lovells Financial Regulatory Consulting) is a company registered in England and Wales with registered number 11412789 and is a wholly owned subsidiary of Hogan Lovells International LLP. Cyber Risk Services, Hogan Lovells Solutions (Transfer Pricing) Limited and Hogan Lovells Solutions Limited are not regulated by the Solicitors' Regulation Authority, and nor are the services they provide.

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