guillot-pars

Par guillot-pars le 27/07/09
Dernier commentaire ajouté il y a 12 années 2 jours

En application de l'article 173 de la constitution iranienne les Majlis ont adopté le 30 Mai 2006 une loi créant un tribunal administratif de l'Iran.

Pars associates présente ce texte de loi en anglais ci-dessous:

THE LAW OF ADMINISTRATIVE JUSTICE TRIBUNAL (Ombudsman)

Official Gazette No. 18043 published on February 2, 2007

Letter No. 112/167581 dated January 20, 2007

To His Excellency, Dr. Mahmood Ahmadi'nejad, the Honourable President of the Islamic Republic of Iran

By reference to Letter No.26613/22660 dated July 20, 2005, and pursuant to Article 123 of the Constitution of the IRI, please find attached hereto the Law of Administrative Justice Tribunal that was ratified in the course of open session of the Islamic Consultative Assembly dated May 30, 2006.

The draft law was dispatched to the Expediency Council and approved with certain amendments.

Implementation and enforcement of the above law was found, by the Expediency Council, in conformity with expediency of the Islamic state.

Gholam'Ali Haddad Aadel, Speaker – Islamic Consultative Assembly

The Law of Administrative Justice Tribunal

Chapter I – Organization

Article 1- In implementation of Article 173 of the Constitution of Islamic Republic of Iran and in order to investigate the complaints,, grievances and objections of people against government agents and employees, government departments and administrative directives and regulations that will be approved or enforced in contradiction with provisions of a law, or the Rules of Holy Sharia or beyond and the powers of the authority who approved such regulations, the Administrative Justice Tribunal shall be set up under the supervision of the Head of Judiciary.

Article 2- The Administrative Justice Tribunal (hereinafter referred to as the "Tribunal") shall be established in Tehran. The number of benches of the tribunal shall be proposed by the Chief Judge of the Tribunal to the Head of the Judiciary for approval.

Article 3- Judges of the tribunal shall have a minimum record of 15 years of practice in judicial positions. As regards judges with a degree of master of science or doctorate in any one of the fields of law or with similar degrees, in rank, taken from seminaries, ten years of record of practice in judicial positions, shall be sufficient.

Note- Judges currently engaged in practice, at the Tribunal, as well as the judges having a record of practice for a minimum of five (5) years, at the tribunal, shall be exempt from the requirements under this present Article.

Article 4- The chief judge of the tribunal who shall be appointed by order issued by the Head of Judiciary, shall also serve as the chief judge of Bench 1 of the Tribunal and shall have the required number of assistants and consultants.

Judges of the tribunal shall be appointed, upon proposal by chief judge of the tribunal and pursuant to orders to be issued by the Head of Judiciary.

Article 5- Judicial and administrative organization of the tribunal shall be proposed by the chief judge of the tribunal, for approval by the Head of Judiciary.

Article 6- The budget of the tribunal shall be provided under an independent heading together with the budget of the Judiciary.

Article 7- Each bench of the Tribunal shall have a judge and two counsellors. Verdicts shall be issued with a majority of votes.

Verdicts (judgements) given by benches of the tribunal shall be final.

Article 8- If the judge of a bench shall be on leave or absent for a period exceeding two consecutive weeks, one of the alternate judges, upon notice given to him by the chief judge of the tribunal shall act as substitute judge.

Also, if the judge of Bench 1 shall not be present in the process of casting votes, upon notice by the judge of Bench 1, an alternate judge shall take part in the proceedings and issuing the verdict.

Article 9- A number of experts in the fields required by the tribunal, who shall have a record of ten (10) years of administrative work, and who shall have BA or higher degrees, shall be appointed to serve as consultants to the tribunal.

If consultation and expert advice shall be required, the investigating bench shall refer the case to consultants or experts. Verdict shall be issued after review of the opinion given, in respect of the case, by experts or consultants.

Note 1- Consultants being the subject of this Article, in addition to the qualification regarding their academic background and experience described above, shall also be qualified in accordance with the requirements under Sub-clauses (1) to (4) of the Sole Article on Appointment of Judges, approved on May 5, 1982.

Note 2- The above consultants, after their qualifications shall be accepted, shall be employed permanently as civil servants or under term contracts pursuant to orders to be issued by the Head of the Judiciary. Their salaries and benefits shall be at the same level of the salaries and benefits of alternate judges of the tribunal.

Article 10- In cases where according to the following articles of this law, appeal may be sought of the judgements issued by various benches of the tribunal, the appellate benches shall comprise a judge or an alternate judge and four (4) counsellors. Verdicts (judgements) in appeal shall be issued with the agreement of at least three (3) members.

Appellate benches, in addition to the above power, shall have jurisdiction to examine and investigate other cases, as well.

Article 11- The General Council of the Tribunal may hold sessions in order to fulfil the duties and authorities set forth in this law, with the presence of at least two thirds (2/3rd) of the judges of the tribunal. The meetings shall be presided by the Chief Judge of the Tribunal or his deputy in judicial affairs. Verdicts of the general Council shall be issued with a majority of the votes of the judges present in the session.

Note- The consultants mentioned in Article 9 above may participate in the sessions of the General Council, upon call by the Chief Judge of the tribunal and to express opinion, if required, without having the right to vote.

Article 12- In order to enforce and execute the verdicts issued by various benches of the tribunal, a department of execution of judgements shall be formed under the supervision of the chief judge of the tribunal or one of his assistants with a number of alternate judges to carry out the task of execution of the said verdicts.

Chapter II- Jurisdiction and Scope of Powers of the Tribunal

Article 13- The jurisdiction and scope of powers and authorities of the tribunal shall be as follows:

1. To follow up the complaints, grievances and objections raised by individuals or legal entities against:

a. Any decisions and acts of government units including the ministries, government organizations, institutes and companies, municipalities, revolutionary organizations and institutions and their instrumentalities.

b. Any decisions and acts of the officers of the units enumerated in Clause "a" above regarding any matters related to duties of such officers.

2. To follow up the objections and complaints made against final judgements and decisions of administrative tribunals, inspection councils and certain legal bodies such as tax assessment committees, labour councils, the boards of settlement of disputes between employers and employees, the committee formed under Article 100 of Municipalities Law, and the committee formed under Article 56 of the Law on Preservation of Forests and Natural Resources. Such objections and complaints shall be examined in order to solely verify any contingent violations of laws and regulations by such judgements and decisions.

3. To follow up any complaints made by judges and officers under the Civil Services Law and other employees of the units and institutions described in Clause 1 above as well as any employees of civil or military institutions which may become subject to these regulations in case their names shall be expressly mentioned, in consideration of any injured employment rights.

Note 1- The Public Court shall determine the amount of any damages suffered by the entities and persons described in Clauses 1 and 2 above after confirmation by the tribunal.

Note 2- Decisions and judgements made by the courts of law and the tribunals of the Ministry of Justice, the military tribunals and Disciplinary Court of Judges of the Ministry of Justice and of the Army may not be brought before the Administrative Justice Tribunal.

Article 14- If the decisions and actions that are the subject of a complaint, shall damage and prejudice the rights of individuals, the investigating bench shall issue appropriate verdict for the cancellation and abrogation of such decisions and actions, or for binding the party against whom the complaint was lodged, to reinstate and restore the situation and to respect it and recognize the prejudiced rights of the complainant.

Note- After a verdict shall be issued on the basis of the above Article, the authorities against whom the complaint was lodged, shall be bound to comply with the provisions of the said verdict, in their subsequent decisions and actions.

Article 15- If the complainant, in his complaint or thereafter shall claim that the acts, enforcement of decisions or final judgements passed or refraining from carrying out duties, on the part of the authorities mentioned in Article 13 above, shall cause damages that will be impossible or extremely difficult to remedy and compensate, the bench investigating the complaint, in case of establishing the emergency nature of such claim, shall issue injunction to halt the acts, decisions, and verdicts or shall order that the government authorities continue fulfilment of their obligations and duties.

Note- Issuance of an injunction shall not have any effect on the main complaint. If the complaint shall be refused or in case a writ of cancellation of the main plait shall be issued, the injunction shall likewise become null and void.

Article 16- If, at least, one of the two judges, or two of the three judges who issued a verdict shall notice a mistake in the form and procedures or in the merits and essence of investigations that lead to the issuance of the verdict, they shall give a well documented opinion, in writing, in respect of such mistake and the case shall be referred to the office of the chief judge of the tribunal in order to be sent to a bench of the tribunal in charge of cognizance of cases.

Note- Verdicts issued for correction of writing or typing mistakes or mistakes in calculation or verdicts given to explain an ambiguous point, by a bench that issued the judgement, shall not be subject to the provisions of this Article.

Article 17- If a party to a dispute, after the issuance of a verdict, shall obtain new documents that can affect the verdict, such party may present the new document(s) to the bench that issued the verdict and request for re-commencement of the proceedings on the basis of the new document.

The bench shall review and examine such requests, out of turn.

Note- If a bench of the tribunal finds the request of the party to the claim acceptable and plausible, the bench shall order a halt in execution of the issued verdict.

Article 18- If the Head of Judiciary or the chief judge of the tribunal find a verdict issued by the tribunal in explicit contravention of the Rules of Holy Sharia or a law, the case shall be referred to a bench in charge of cognizance of cases. The said bench of cognizance, in case it finds the objection reasonable, it shall declare the issued verdict as null and void and shall proceed to issue an appropriate judgement.

Note- Judgements (verdicts) issued by virtue of the provisions of this Article, except in cases where such judgements shall be in explicit contravention of the Rules of Holy Sharia, may not be reinvestigated, any further.

Article 19- The Scope of powers and jurisdiction of the General Council of the tribunal shall be as follows:

1. To investigate the complaints, grievances and objections made by natural persons and legal entities in respect of the by-laws, directives and government regulations, and municipalities procedures on ground of inconsistency of the said regulations with provisions of a law and to provide redress and protect the rights of individuals in cases where the said wrongful acts or decisions, due to their inconsistency with the law or due to lack of competence on the part of an authority and misuse of power or infringement of law or refraining from carrying out statutory duties and functions, shall prejudice the rights of individuals.

2. To issue a conclusive judgement in cases where contradictory and different judgements have been issued by two or more benches of the tribunal in identical and similar cases.

3. To issue a conclusive judgement in cases where consistently similar judgements shall be issued (on the basis of an incorrect interpretation of a law), in respect of a particular issue, by various benches of the tribunal.

Note- Investigation of judicial decisions adopted by the Judiciary as well as the decrees and resolutions of the Guardians Council of the Constitution, Expediency Council, the Congregation (Majlis) of Experts, the High Council of National Security and the High Council of Cultural Revolution shall not be subject to the provisions of this Article.

Article 20- Judgements issued by the General Council shall enter into force and vigour as of the date of issue, except the instances of inconsistency of the repealed decrees and directives with the Rules of Holy Sharia or for the purpose of protection of the rights of individuals. In such cases, General Council may declare that the issued judgement shall be effective as of the date of approval of the decree that has been abrogated by the judgement of the General Council.

Chapter III – Procedures for Investigation and Examination of Cases by the Tribunal

Article 21- Examination of a case by the tribunal shall require submission of a plaint, written in Persian language, on special printed forms. The plaint and certified copies of all documents and evidences attached to it shall be submitted in the number of defendant together with one additional copy.

Note 1- No plaint shall be required for cases that will be dispatched to the tribunal by another judicial forum under a writ of lack of competence and jurisdiction of that forum.

Note 2- Court expenses for review and examination of a case, at the benches of the tribunal, shall be fifty thousand (50,000) rials and one hundred thousand (100,000) rials for investigation by the bench taking cognizance of cases.

Note 3- If a plaint submitted to the tribunal shall be without signature or devoid of any one of the particulars provided by the Law of Procedures of Public and Revolutionary Courts (in civil matters), the manager of the office of the bench concerned, shall act according to the provisions of the said law.

Article 22- Plaints shall be referred to one of the benches of the tribunal by the chief judge of the tribunal. The office of the bench concerned shall serve a copy of the plaint and its attachments on the other party who shall be under the obligation to file a reply to the complaint within one month after the date of service of the plaint. Failure to file reply shall not stop investigation of the case by the bench concerned and to issue a judgement with due consideration of the documents in hand.

Article 23- Representation by attorneys at the tribunal shall be in accordance with the regulations of the Law of Procedures of Public and Revolutionary Courts (in civil matters).

Article 24- The investigating bench of the tribunal may conduct any investigation or take any action it deems required or it may instruct the agents of the Judiciary as well as administrative authorities to conduct such investigations or to delegate power to other judicial authorities to carry out the required investigations.

The said agents and authorities shall be bound to carry out the required acts and complete their investigations within the respite given by the tribunal. Infringement of the provisions of this Article shall be subject to administrative or disciplinary punishments, as the case may be.

Article 25- The authority to investigate a request for injunction mentioned in Article 15 of this Law, shall be the same bench of the tribunal that examines the original claim. However, in cases where request for injunction has been made in the plaint addressed to the General Council of the tribunal requesting the cancellation of decrees, the case shall be sent initially to one of the benches of the tribunal. Only in case injunction shall be given in the said bench, the case shall be investigated by the General Council, out of turn.

Article 26- The organizations, departments, boards and government agents against whom a complaint has been lodged, after an injunction shall be served on them, shall be under the obligation to act according to the stipulations of the injunction. In case of persistence and failure to comply, the bench of the tribunal that issued the injunction shall condemn the party in default to suspension from government service for a term of six months to one year and to compensating the damage that may have resulted from his failure.

Article 27- A bench of the tribunal issuing an injunction shall be bound to review the original claim, out of turn, and to issue an appropriate judgement.

Article 28- If a bench, that issued an injunction shall obtain proof and evidence that such injunction shall no longer be required, the bench shall cancel the injunction.

Article 29- Regulations pertaining to the entry of third parties into a lawsuit, joining a third party to the proceedings, objection by a third party to the on-going proceedings and taking evidence from witnesses at the Administrative Justice Tribunal, shall be according to the stipulations of the Law on Procedures of the Public and Revolutionary Courts (in Civil Matters).

Article 30- If the contents of a plaint filed with the tribunal shall contain certain issues regarding a third party, such issues may not hinder examination of the case by the investigating bench of the tribunal.

Article 31- A tribunal's bench may call any one of the parties to give explanations. If the call has been made of the departments and entities mentioned in Article 13 of this Law, the said party to the complaint shall be bound to introduce a representative.

Note 1- If the complainant shall not become present before the court after receiving call to provide explanations or shall refuse to provide the required explanations, the bench of the tribunal examining the plaint shall proceed with issuing judgement by review of the initial plaint and the plea filed by the other her party to the claim or by listening to the statements of the said party. If taking a decision on the merits of a case shall not be possible without explanations to be provided by the complainant, a writ of cancellation of the submitted plaint shall be issued by the examining bench of the tribunal.

Note 2- If the other party (opponent) to a claim shall be a natural person or a representative of a legal entity who shall not become present before the court despite a call made on him, the bench shall arrest him or shall otherwise condemn him to suspension from government service for a period of one month to one year.

Note 3- Failure on the part of the other party to a complaint (opponent) to designate a representative or failure on the part of a person in charge to become present at the bench of the tribunal within the respite fixed by the pertinent bench, shall result in suspension of the party in default, from engagement in government services, from two months to one year.

Article 32- In case of receiving a demand made by the chief judge of the tribunal or by any one of the benches of the tribunal, all government entities, municipalities and other bodies and their agents, shall be bound to dispatch, within one month after the date of receiving the above demands, the required documents and files. If dispatch of the documents and files shall not be possible, the said authorities shall inform the tribunal of the reasons why the documents and files can not be sent.

A party found to be in default, shall be condemned to suspension from government services from one month to one year or to the forfeiture of one third of his salary and benefits for a term of three months to one year, according to a judgement that will be passed, in this regard, by the pertinent bench of the tribunal.

Article 33- The instances where a judge shall be precluded to examine a particular case, in the tribunal, and procedures on the manner of service of summons, judgements and writs issued by the tribunal shall be those provided in the Law of Procedures of Public and Revolutionary Courts (in Civil Matters).

Article 34- All individuals and authorities mentioned in Article 13 of this Law shall be under the obligation to comply with the judgements of the tribunal after service of a judgement.

Article 35- In case of refusal to comply with a judgement, by the individual or the authority against whom a judgement was passed, the bench that issued the judgement shall notify the chief judge of the tribunal of the issue of refusal.

The said chief judge of tribunal or his assistant shall refer the issue to any one of the judges of the department of execution of judgements in order to enforce and execute the judgement.

Article 36- The judge in the Department of Execution of Judgements shall enforce a judgement by adopting the following measures:

1. Dispatch of summons to the officer in charge and obtaining a letter of undertaking from the said officer on compliance with the judgement or obtaining the consent of the person in whose favour the judgement was issued, within a specific respite.

2. Issuing order for blocking the bank account of the party against whom the judgement was issued and withdrawing funds from the said account in the amount of the judgement debt, in case the judgement has not been executed and enforced after one year from the date of service of the judgement.

3. Issuing order to forfeit and confiscate the properties of the party in default, at the request of the beneficiary in accordance with the regulations of the Law of Procedures of Public and Revolutionary Courts (in Civil Matters).

4. Issuing instruction for cancellation of the deeds or resolutions adopted contrary to the judgement issued by the tribunal.

Article 37- If the judgement debtor shall refuse to comply with the judgement issued by the relevant bench of the tribunal, he/she shall be condemned, according to the judgement of the same bench, to suspension from government services for up to five years and compensating the losses. Appeal may be sought from the said judgement within twenty days after the date of service of the judgement, from the bench in charge of cognizance of cases in the tribunal.

Article 38- In case of requests for cancellation of decrees, it shall be necessary to indicate the reasons for making such request and the details of contradictions between the contents of such decrees with the Rules of Holy Sharia or with a law and details of infringements or actions taken beyond the statutory powers of the person or authority against whom the complaint has been lodged by indicating the article of law or the religious decree contrary to which the decree in question was approved or action was taken.

Note- In case of failure to comply with the provisions of this Article, the Manager of office of the General Council of the Administrative Justice Tribunal shall notify the applicant, within five (5) days after filing request, of the deficiencies. If the applicant shall not remedy the defects within ten (10) days after service of the above notice, the Manager of office shall issue a writ of rejection of the application that shall be final.

Article 39- In cases where according to the opinion of the chief judge of the Tribunal no investigation and review shall be possible in respect of a request made for cancellation of a decree, such as the cases where the applicant concerned has already withdrawn his request or in cases where the tribunal has already issued a judgement regarding the decree in question, the chief judge of the tribunal shall issue a writ on refusal to hear the request. The said writ shall be final.

Article 40- If the Head of Judiciary or the chief judge of the tribunal shall become aware, in any manner, that a decree has been issued in contradiction with the Rules of Holy Sharia or with the provisions of a law or it has been issued beyond the powers of the authority who approved such decree, he shall raise the issue in a session of the General Council and shall require cancellation of such decree.

Article 41- If a decree shall be discussed on ground of its inconsistency and contradiction with the Rules of Sharia, the opinion of the Guardians Council shall be sought which opinion shall be binding on the General Council.

Article 42- The General Council, in implementation of the provisions of Sub-clause (1) of Article 19 of this Law, may repeal and abrogate the whole or a part of a decree.

Article 43- If contradictory judgements shall be issued by one or more benches of the tribunal, the chief judge of the tribunal shall, immediately after becoming aware of the above matter, raise the issue in the meeting of the General Council. After investigation and establishment of contradiction, the General Board shall issue appropriate judgement that shall be binding on all benches of the tribunal and other administrative authorities in similar instances. Such judgement shall have effect on future cases. Judgements of similar characteristics, issued in the past, shall remain valid. However, appeal may be sought by beneficiaries, within one month after the date of publication of the said conclusive judgement in the official gazette, from the benches in charge of cognizance of cases in respect of the judgements referred to the General Council and have been considered to be incorrect. The bench in charge of cognizance shall be bound to investigate the issue and to pronounce a judgement on the basis of the judgement given by the General Council.

Provisions hereof shall not apply to judgements that will be regarded to be against Sharia by the clergy jurisprudents of the Guardians Council.

Article 44- In cases where in respect of a single issue, a minimum of five similar judgements have been issued by various benches of the tribunal, the issue, at the opinion of the chief judge of the tribunal shall be raised in a session of General Council and a conclusive judgement shall be issued that will be binding on all benches of the tribunal, departments, natural persons and legal entities concerned.

Note- After issuing a conclusive judgement, investigation and examination of the complaints falling under the category of this Article by the benches of the tribunal shall be made, out of turn, without the need to exchange plea.

Article 45- If, after publication of a judgement through Official Gazette, the authorities in charge refuse compliance with the provisions of the judgement, they shall be condemned, upon demand by a beneficiary or the chief judge of the tribunal and after issuance of a judgement by one of the benches of the tribunal, to suspension from their positions for a term of three months to one year or to payment of cash penalty from one million (1,000,000) to fifty million (50,000,000) rials and to compensating the losses and damages resulting from their refusal.

Article 46- In case of disputes between the benches of the tribunal and other judicial forums, in respect of competence and jurisdiction, opinion in this respect shall be given by the consultants of the Administrative Justice Tribunal, and a final opinion shall be given by the Supreme Court.

Article 47- After the date of coming into force of this Law, investigation of all cases referred to the appellate benches previously operating under the provisions of the old law of the Administrative Court shall continue in the said benches. Also, appeal may be sought from the judgements issued by previous first instance benches of the Administrative Court in compliance with the pertinent law, approved 1981. Appeal may be sought, only in respect of those judgements that were not considered as final, when issued by first instance benches, according to requests field with the old appellate benches of the Administrative Court.

Article 48- The Judiciary shall be under the obligation to draw up the draft bill of the procedures of the tribunal and to submit same, through the government, within six months, to the Islamic Consultative Assembly for approval.

Until the date of approval of the above law of procedures, actions will be taken on the basis of this present Law as well as the laws of the past.

Article 49- As of the date of coming into force of this Law, the Law of Administrative High Court, approved 1360 (1981), together with its subsequent amendments, as well as all the laws repugnant to the provisions of Articles 47 and 48 of this Law stand null and void.

The above law, comprising 49 Articles and 20 Notes was approved in the open session of Islamic Consultative Assembly held on May 30, 2006 and was endorsed by the Expediency Council after changing its Articles 13 and 19-1 on December 16, 2006.

Gh. Haddad Aadel, Speaker – Islamic Consultative Assembly

Par guillot-pars le 21/07/09
Dernier commentaire ajouté il y a 12 années 1 semaine

Loi du 30 Avril 2007 qui définit les travaux pénibles,organise leur constat et arrête les conséquences, y compris sur les droits à retraite.

Ce texte pourrait inspirer les partenaires sociaux et pouvoirs publics français qui bloquent depuis des années sur cet aspect essentiel des droits des salariés.

THE NEW REGULATION PERTAINING TO HARD AND INJURIOUS

WORKS

Official Gazette No.18106 published on April 30, 2007

Decree of the Council of Ministers, No. H36005T/15365 dated April 25, 2007

To:

- Ministry of Welfare & Social Security

- Ministry of Labour & Social Affairs

- Ministry of Health, Medical Treatment and Education

- Social Security Organization

The Council of Ministers, in the course of a Session held on March 16, 2006, pursuant to a draft proposed jointly by the Ministry of Labour and Social Affairs, Ministry of Health, Medical Treatment and Education and the Social Security Organization, under letter No.77197 dated September 19, 2006, approved the new Regulation Pertaining to Hard and Injurious Works by virtue of the law on amendment of Articles 72, and 77 and the Note under Article 76 of the Social Security Act, approved 1389, as follows:

Article 1- Hard and injurious works are the ones that shall be performed in an environment of non-standard, physical, chemical, mechanical and biological condition creating constraint, due to such engagement, much higher than a workers' natural capacity (both physical and mental) and resulting in occupational diseases and their consequential effects. The hard and injurious works mentioned in this present Article 1 shall be divided into two groups as follows:

a) The works that, in view of their nature, are considered to be hard and injurious, but they can change into normal non-injurious works through adopting certain hygienic, safety and technical measures, by employers concerned.

b) The works that, in view of their nature, are considered as hard and injurious and will remain hard and injurious regardless of any hygienic, safety and technical measures that will be taken by employers.

Note- Those falling under the provisions of the Law on the Mode of Retirement of the Cripples of Islamic Revolution and the Imposed War and Ordinary Cripples of Hard and Injurious Works, approved 1988 as Amended, as well as the individuals subject to the Law on Protection Against Radiation, approved 1989, shall remain protected by the provisions of the pertinent laws and regulations.

Article 2- Hard and injurious works under Article (1) above and their classification under groups (a) and (b) shall be determined upon review and examination of records, and inspection and examination of the conditions relevant to such works by the occupational health experts affiliated with the Ministry of Health, Medical Treatment and Education as well as the inspectors of the Ministry of Labour and Social Affairs and after confirmation of the relevant reports by provincial committees that will be set up pursuant to these By-Laws.

Note- As regards the instances described in Sub-clause (a) of Article 1 above, where there shall exist standards for elements causing diseases, final decision by the above provincial committees, shall be made after examination and according to opinions given by the experts concerned at the Ministry of Health, Medical Treatment and Education, or the pertinent centers operating under license given by the said Ministry, regarding hazardous levels.

Article 3- Employers in workshops where the whole or a part of their jobs shall be considered as hard and injurious according to First Instance or Appellate Provincial Committees' opinions, or by the High Council of Technical Protection shall, within 2 years after the date of receiving the final verdict of the provincial committee or that of the High Council of Technical Protection, render the conditions prevailing in the work environment safe and secure, in conformity with the authorized levels and standards specified in the Labour Law and in the relevant directives and regulations (approved by the High Council of Technical Protection) as well as in other applicable regulations and shall eliminate the hard and injurious characteristics and nature of the jobs described in Sub-clause (a) of Article 1 above and shall report the results, in writing, to the First Instance Committee set up under Article 8 of this present Regulation, for the purpose of investigation and confirmation by the said Committee.

Note- The Ministry of Labour and Social Affairs and the Ministry of Health, Medical Treatment and Education shall inspect the conditions at the workshops where their conditions were considered hard and injurious after expiry of the above 2-year period, and shall report their findings, in writing, to the First Instance Provincial Committee.

Article 4- Employers at the above workshops shall be duty-bound to have their work-force engaged in hard and injurious works, medically checked up by health and medical treatment centers, at least once a year, in order to ascertain and assure their physical health, to timely diagnose the potential ailments and sicknesses, and to prevent their physical and mental deterioration, and to keep the results of medical examinations in the relevant files. A copy of such records shall be submitted to the Social Security Organization.

Note 1- In cases where an insured worker shall be exposed to physical and mental deterioration due to being engaged in hard and injurious works, his occupation and position shall be changed in conformity with the provisions of the Labour Law.

Note 2- Medical examinations prior to employment shall be carried out in conformity with Article 90 of the Social Security Act, approved 1975 (1354).

Note 3- In case of failure, on the part of employers, in fulfillment of their obligations set forth in Para 2 of Sub-clause (a) of the Sole Article on Amendment of Articles 76, 72 and Note under Article 76 of the Social Security Act, approved 1975, the Social Security Organization shall carry out its obligations towards the workers concerned and shall collect the costs from the defaulting employer according to the provisions of Article 90 of the Social Security Act.

Article 5- By virtue of Note 1 under Article 96 of the Labour Law, the requirements and criteria applicable to the medical examinations described in Article 4 above, including the ones carried out prior to employment and the specialized ones performed periodically on recurrent basis, as well as any other medical examinations undertaken in this regard, shall comply with the current directives and applicable regulations of the Ministry of Health, Medical Treatment and Education.

Note- The Ministry of Health, Medical Treatment and Education shall notify and communicate, to the organizations concerned, the results of medical examinations mentioned in Article 4 above pertaining to the duties and functions of the said organization.

Article 6- First Instance Provincial Committees, pursuant to reports by the experts mentioned in Article 2 above, shall conduct examinations in order to see that the hard and injurious nature of the jobs mentioned in Sub-clauses(a) and (b) of Article 1 remedied, and may exempt the workshop concerned from the provisions of this Regulation.

If the hard and injurious nature of the jobs under Sub-clause (a) of Article 1 above, shall not be remedied during the prescribed respite, necessary actions will be taken by the Ministry of Labour and Social Affairs and the Ministry of Health, Medical Treatment and Education through competent authorities in charge.

Note- In cases where according to reports by experts mentioned in this Article that have been confirmed by first instance and appellate provincial committees, the injurious, hazardous, and dangerous elements in the work environment shall not be remedied, eliminated or reduced within the respite provided by law, necessary actions will be taken by the Ministry of Labour and Social Affairs and the Ministry of Health, Medical Treatment and Education.

Article 7- Policy making process in respect of hard and injurious works as well as investigation of requests made by first instance and appellate provincial committees mentioned in this Regulation, shall be within the responsibilities of the High Council of Technical Protection.

The executive directive and procedures on the mode of operation of the above committees and supervision of their activity shall be proposed by the Ministry of Health, Medical Treatment and Education, the Ministry of Labour and Social Affairs, and the Social Security Organization and shall be approved by the High Council of Technical Protection.

Note- The Managing Director of the Social Security Organization and the representative of the Minister of Health, Medical Treatment and Education, who shall have voting right in respect of matters pertaining to hard and injurious works, shall be members of the High Council of Technical Protection as of the date of approval of this Regulation.

Article 8- In order to identify and classify hard and injurious jobs on the basis of the policies of the High Council of the Technical Protection, provincial first instance and appeal committees each having five principal and five alternate members who shall be appointed and to who maybe reappointed after the expiry of the said three years shall be set up in every province.

A. The first instance committee shall consist of the following members:

1. Director General of the provincial Labour and Social Affairs Department who shall preside over the committee.

2. Deputy Chairperson (health matters) of the University of Medical Sciences and Health Services.

3. The Director General of the provincial Social Security Administration.

4. One labour inspector who shall be appointed by the provincial Labour and Social Affairs Department General.

5. One expert in charge of occupational health who shall be appointed by the Medial Treatment Director of the provincial SSO.

Note 1- Meetings of provincial first instance and appeal committees shall be held at the Labour and Social Affairs Organization in the province. The meetings of the Committee shall have quorum by presence of four principal or alternate members. The decisions of the Committee shall be adopted by a majority of the votes of those who participate at the meeting.

Note 2- In provinces where there exists an independent faculty of medical sciences and health services dealing with certain matters in connection with hard and injurious works in the region, the expert in charge of occupational health appointed by the Deputy Chairperson (health) of the said faculty shall substitute the expert in charge of occupational health appointed by Health and Treatment Services Department.

Note 3- Upon approval by the provincial committee, it shall be authorized to call knowledgeable individuals and university professors to attend the meetings without having the right of vote.

Note 4- In provinces where workers and employers organizations mentioned in paragraphs 4 and 5 above have not been formed yet, the above mentioned representatives shall be appointed from among the members of other majority formations in the province, at the discretion of the Labour and Social Affairs Department, introduced by the said formations.

Note 5- Appeal may be sought, within 15 days after the date of notification and service of verdicts issued by first instance committees, by both parties (workers and employers) concerned. Appeal shall be lodged, in writing, with the local Labour and Social Affairs Department.

Note 6- No member of first instance committee may, at the same time, serve as a member of the appellate committee. Also, the members of first instance committees who shall be later appointed to act as members of appellate committees, shall not have the right of voting in respect of the cases to which they voted at first instance committees.

B. Appellate provincial committees shall comprise the following members:

1. The Head of Labour and Social Affairs Department of the relevant province, who shall act as the chairman of the committee.

2. The General Manager of the Social Security Department of the relevant province.

3. The health affairs deputy dean of the Medical and Health University/College in the province.

4. The workers' representative designated by the majority (workers) formation of the province, at the discretion of the provincial Labour and Social Affairs Department.

5. The employers' representative introduced by the guilds society of employers in the relevant province.

Note 1- A verdict issued by appellate provincial committee shall be final and binding, as of the date of service.

Note 2- If provincial centers of workers and employers mentioned in Sub-clauses 4 and 5 above have not been formed, the said representatives shall be appointed from among the members of the formations holding majorities, at the discretion of the Labour and Social Affairs Organization of the province who shall be introduced by the said majority holder formations.

Note 3- In case of parity of the votes cast in favor and against a resolution, whether in first instance or in appeal, a further meeting shall be held in presence of all members.

Note 4- Provincial committees, in their verdicts, shall determine the type of hard and injurious nature of the jobs described in Sub-clauses (a) or (b) of Article 1 above.

Note 5- In provinces where there exists an independent faculty of medical sciences and health services, dealing with certain matters in connection with hard and injurious works in the region, the expert in charge of occupational health appointed by the Deputy Chairperson (Health) of the said faculty shall substitute the expert in charge of occupational health appointed by Health and Treatment Services Department.

C. Upon approval by the provincial committee, it shall be authorized to call knowledgeable individuals and university professors to attend the meetings without having the right of vote.

D. Employers shall be bound to cooperate with the experts mentioned in Article 2 as well as those mentioned in Article 8 of above who act on behalf of the pertinent committees and to provide them with their required documents.

Article 9- The duties and functions of first instance and appellate provincial committees shall be as follows:

A. The duties and functions of first instance provincial committees shall be as follows:

1. To investigate, identify and determine hard and injurious jobs in conformity with the provisions of this present Regulation that have been reported to the committee as hard and injurious works and jobs by insured workers, employers, the Ministry of Health, Medical Treatment and Education, the Ministry of Labour and Social Affairs, the Social Security Organization and/or the pertinent formations and to report the results of their investigations and verification to the applicant as well as to the organizations in charge, through the Chairman of the first instance committee.

2. To review and examine the job(s) that have been proved to be safe and non-injurious after adopting the required measures and which have subsequently fallen under ordinary jobs category, and to communicate the facts and circumstances, in this regard, to the authorities concerned in order to revoke and cancel the advantages and benefits applicable to workers in hard and injurious jobs.

3. To enforce and execute the policies and decrees communicated by the Technical Protection High Council.

B. The duties and functions of appellate provincial committee shall consist of the investigation, declaring opinion on and to adopt necessary decisions in respect of objections made and appeals sought from the verdicts issued by first instance provincial committees mentioned in Article 8 of this Regulation by insured workers or employers concerned and to declare the result of investigations made by the Appellate Committee to the applicant of investigations and to the organizations concerned. Communication of investigations shall be made by the chairman of the appeal committee.

Article 10- The Ministry of Health, Medical Treatment and Education shall annually notify to the Technical Protection High Council, the extent and degree of workers' exposure to ailment-triggering agents in the case of each and every job. Accordingly, the said High Council shall communicate the facts and circumstances in this regard, for due implementation, to the hard and injurious works provincial committee.

Article 11- In addition to the hard and injurious jobs specified and described in the decrees of the Technical Protection High Council and the ones confirmed by provincial committees, also the following works shall fall under hard and injurious works categories:

1. Works in prisons in direct contact with prisoners.

2. Works in psychiatry centers performed in direct contact with psychopaths.

3. Reporters works.

Note- Instances of reporters works covered by these regulations shall be determined upon confirmation by first instance committee mentioned in Article 8.

Article 12- The manner of specifying successive and recurrent engagement in hard and injurious jobs:

1. The following periods of time shall be considered as record of being engaged in hard and injurious jobs, if they fall within the intervals of being engaged in such works:

a) Week-ends.

b) Official holidays.

c) Paid leave (annual).

d) The days on which an employee shall be on paid leave for marriage, the death of spouse, father, mother or children for 3 days, in the case of the workers being subject to the Labour Law.

e) The days on which an employee shall be on medical leave, including both the ones that shall be paid by the employer and the ones paid by SSO.

2. The following periods of time shall not affect the recurrent engagement of a worker in a hard and injurious job, even if they fall within the intervals of engagement in such jobs.

a) The period of compulsory military service, provided that, after completion of the service, the insured worker either returns to and resumes the earlier occupation not later than two months after the date of completion of his military service, or shall become engaged in another hard and injurious job.

b) The period of time during which an insured worker shall be detained or shall be under custody, provided that the said period shall not terminate in his conviction, or if the employer shall be legally obligated to pay to the insured worker, the wage or the salary applicable to the said period.

c) The period of suspension of work which may arise out of force major (such as flood, earthquake, war, conflagration or fire and/or social turmoil) being out of reasonable control of the employer and the insured worker, as a result of which the workshop may temporarily close down.

d) The period of time during which the insured worker may utilize and take advantage of the unemployment insurance pension, provided that prior to or immediately after termination of the said period, the insured worker shall become engaged in a hard and injurious job, or shall be found eligible for retirement, in conformity with the these by-laws.

e) The period of service in war fronts, upon confirmation and endorsement by competent authorities.

f) The period during which the insured worker shall be considered a political convict or shall be held captive and accordingly shall be considered as a prisoner of war.

g) The period of time during which the insured worker shall be suspended from his job by virtue of a verdict issued by a Board of Settlement of Disputes and/or other legal forums, resulting in payment of the salary/wage applicable to such period.

h) The period of time falling between August 1, 1975 (10.05.1354) and June 22, 1980 (01.04.1359) during which the insured worker may have collected sickness period wage compensation.

i) The one month unpaid leave under Article 67 of the Labour Law.

3. The following periods and instances shall affect the recurrent nature of a hard and injurious job, if they fall within the intervals of engagement in such jobs, with the result being that the engagement of the worker in a hard and injurious job shall be considered to be of a successive kind:

a. The period of leave without pay, for any purpose whatsoever, in addition to the leave taken according to Sub-clause 2-i above.

b. Any discharge, resignation, dismissal and collection of the amount payable to a worker as severance compensation, provided however, that the worker shall not be engaged in hard and injurious works or shall not be able to become retired hereunder within a maximum period of two months after the date of termination, according to the above instances.

c. Engagement in ordinary jobs and occupations for a period of one month.

d. Engagement in free lance occupations for a period of one month.

e. Taking optional insurance for a period of one month, without having an employer.

f. Unemployment without collecting unemployment pension in excess of two months.

g. Other similar instances.

Article 13- Requirements for retirement in hard and injurious occupations shall be as follows:

1. Insured workers having a minimum of 20 recurrent or 25 successive years of record of service and equal record of payment of insurance premium on account of hard and injurious works shall be allowed to apply for retirement irrespective of their age.

2. If the medical committees mentioned in Article 91 of the Social Security Act shall diagnose and confirm the physical and mental deterioration of the insured worker resulting from engagement in hard and injurious jobs, before such workers shall meet service record requirements prescribed in Clause (1) above.

3. However, such workers shall not be authorized to leave or desert their positions. They shall be required to continue with the discharge of their duties until such time when the Social Security Organization shall notify their entitlement to early retirement, due to their hard and injurious jobs records.

4. Notwithstanding the above, if an insured worker shall meet the requirements for early retirement in hard and injurious works, in conformity with the provisions of this Regulation, the SSO shall be bound to pay pension to such worker as of the date the worker leaves and deserts his job and position.

5. The insured workers who are presently employed and who already have a minimum of 20 recurrent or 25 successive years of insurance premium payment record in hard and injurious jobs dating back to a period before the relevant law was approved, or those who will meet similar requirements in future, shall be authorized and entitled to submit an application for retirement to the SSO, in conformity with Clause (1) above.

Article 14- After it shall be established that a worker in a hard and injurious job is entitled to retirement, the employer of the workshop concerned shall be bound to pay to the SSO in a lump-sum amount equal to four percent (4%) of the pension specified by the SSO for the insured worker, in proportion to the years of engagement in hard and injurious jobs in that workshop.

Article 15- The effects of restrictions and benefits stipulated in the Law with respect to the cases resulting in retirement as per the provisions made of these by-laws, shall exclusively apply to a specific job, in a specific workshop, and shall not apply and extend to similar jobs in other workshops.

Article 16- Enforcement of these by-laws in the case of workers falling under the provisions of the Social Security Act engaged in hard and injurious works and jobs by the Ministry of Defense and Logistics of the Armed Forces and the companies and organizations affiliated with the Armed Forces, on contract basis, shall be in accordance with the regulations and criteria governing the Armed Forces. Regulations shall apply in coordination with the Social Security Organization.

Parviz Davoodi - First Vice-President

Par guillot-pars le 07/07/09
Dernier commentaire ajouté il y a 12 années 3 semaines

July 4 & 11, 2007

Tir 13 & 20, 1386

LAWS AND REGULATIONS

- The Law on Protection of the Rights of

Automobile Owners ..... Page 1

- On Taxation of Salaries of Foreigners ..... Page 6

- On Taxation of Loans and Financing Provided

by Foreign Banks and Investors ..... Page 8

- On the Formation of Department General of Industrial

Property Rights Independent of the Companies Registry ..... Page 12

- Blood Money Value in 1386 ..... Page 15

- 1385 Export-Import Regulations Remain Valid in 1386 ..... Page16

- On Finger Printing of Us Nationals at Entry Border Points ..... Page 17

BUSINESS & ECONOMY

- The Likely Fate of Bushire Nuclear Power Plant ..... Page 18

- Overdue Amounts Payable to Banks –

Will the Situation Worsen? ..... Page 19

- Petro-Budgets Aimed at Reducing Dependence

on Oil Revenue ..... Page 20

- A Review of Withdrawals from Forex Stabilization Fund ..... Page 23

Par guillot-pars le 07/07/09
Dernier commentaire ajouté il y a 12 années 3 semaines

Les numéros 550 et 551 de LIS sont consacrés aux modalités des appels d'offres restreints;

les préqualifications des soumissionnaires y sont détaillées.

Par guillot-pars le 07/07/09
Dernier commentaire ajouté il y a 12 années 3 semaines

Dans ce numéro sont examinées les soutions données à quelques questions délicates.

A titre d'exemples sont abordés:

- les conditions du report des pertes antérieures;

- les provisions pour dépréciations;

- la non déductibilité des pertes sur investissements;

- les indemnités de remplacement des congés payés;

- les pertes sur devises;

et bien d'autres aspects du traitement fiscal et comptable de certains évènements dans la vie des entreprises

Par guillot-pars le 07/07/09
Dernier commentaire ajouté il y a 12 années 3 semaines

Règlements sur les modalités du controle des changes, les procédures d'importation, d'exportation, les modalités de transport etc...

Je produis le LIS 536 ci-après, les numéros suivants sont disponibles chez PARS ASSOCIATES à Paris ou Téhéran

September 13, 20 & 27, 2006

Shahrivar 22, 29 & Mehr 5, 1385

THE CENTRAL BANK OF ISLAMIC REPUBLIC OF IRAN-FOREIGN EXCHANGE POLICIES AND REGULATIONS DEPARTMENT

A COLLECTION OF FOREIGN EXCHANGE REGULATIONS

CHAPTER I

IMPORTS OF GOODS AND SERVICES

Circular 60/1087 dated August 8, 2004

Together with Subsequent Amendments until

October 2006

(I)

Chapter I- Import of Goods & Services

Titles

---------------------------

Introduction

A) Import of Goods Through Opening Letters of Credit

B) Import of Goods and Services/Services Through

Opening Letters of Credit and Forex Transfer

C) Import of Goods and Goods-Services Through

Order Registration by Means of Sight-Time Drafts

(Bills of Exchange)

D) Import through Bank Transfer (of Books, Publications,

Goods and Goods-Services)

E) Import (of Goods and Services) by Use of

the Foreign Exchange Belonging to the Applicant Importer

F) Import of Goods and Services from Free

Trade-Industrial Zones and Special Economic Zones

into the Mainland

Circular No.60/1087 issued on August 9, 2004 with Subsequent Amendments Made until August 15, 2006

Import of Goods

Introduction

The following steps and procedures are expected to be taken by importers prior to importing goods:

1. Full compliance with the Export-Import Law and its executive by-laws.

2. Compliance with the legal requirements provided in the annual budget bill in the beginning of every year.

3. Obtaining the authorizations required for import of various commodities from the ministries and organizations concerned according to the requirements of the Export-Import Law and its executive by-laws.

4. Filling in the order registration form.

5. Undergoing tender formalities or obtaining the authorization to enter into transaction without undergoing tender formalities in respect of government transactions worth in excess of one million dollars as required by law.

6. Obtaining authorization from the Transport and Terminals Organization of Iran in accordance with the provisions of Chapter II of these Regulations (transportation, insurance and surveillance) for the commodities that will enter Iran via foreign fleets.

7. Obtaining insurance policy with due regard to the provisions of Chapter II of these Regulations (transportation, insurance and surveillance).

8. Possessing a valid commercial card or the authorizations issued on every instance for import of a single consignment by the Ministry of Commerce with the exception of letters of credit opened for purchase of services.

9. Order registration with the Department General, Office of Registration of Orders and Supervision of Commercial Exchanges of the Ministry of Commerce.

Note 1- The following goods shall be exempt from order registration formalities with the Ministry of Commerce:

a. Special military goods, with the confirmation of the Minister of Defense and Logistics of the Armed Forces.

b. Special goods of atomic energy with the confirmation of the Head of Atomic Energy Organization of Iran.

c. Import of medical equipment and supplies of the Board of Trustees of Forex Economization with the confirmation of the chairperson of the Board of Trustees.

d. The goods being the subject of the Satellite Law, transmitters, equipment for production and broadcasting and their spare parts, and the materials for production of films and TV serials by the Radio and TV Organization (Voice and Vision of Islamic Republic of Iran).

e. Goods imported via mail in the quantities fixed by the Export-Import Law.

f. Passengers accompanied goods in the quantities fixed by the Export-Import Law.

g. Commercial and manufacturing samples in the quantities fixed by the Export-Import Law.

h. Foreign books and publications as well as the scientific media imported in the form of diskettes, CD's, etc.

i. Commodities required by families in border regions, cooperative companies of the families in border regions, sailors and crews of floating vessels according to the list published in the Executive By-Laws of Export-Import Law within the limits of quantities prescribed in the said by-laws.

Note 2- Gifts and donations being the subject of Sub-clause 9 of Article 37 of the Customs Law. Provided that such goods shall not be of commercial nature as confirmed by the Ministry of Commerce. Such goods shall not require the authorizations due to be issued by the Government in respect of imported goods in accordance with the Note under Sub-clause 20 of Article 37 of the Customs Law.

Note 3- Import of commodities by Iranian subjects engaged in employments abroad shall be made after special order registration with the Ministry of Commerce and the Ministry of Labour and Social Affairs.

j. Other goods that are exempt from undergoing order registration formalities in accordance with the provisions of a law.

A. Import of Goods by Opening Letters of Credit

(As Amended through Circular No.60/1093 dated August 31, 2005)

Importers of goods shall submit, to a bank of their choice in Iran, their application for opening a letter of credit together with a copy of the order registration form certified by the Department General-Office of Registration of Orders and Supervision of Commercial Exchanges of the Ministry of Commerce.

Thereafter, the L/C opening bank shall take the following actions with due regard to the applicable criteria and regulations:

1. Checking the application made by the applicant importer and making sure that the Ministry of Commerce has agreed with such request by affixing its seal to the order registration form

1.1 Checking the application for opening L/C shall be made by making sure that the seal affixed to the order registration form is genuine.

Note- The seal affixed to the order registration form by the Ministry of Commerce is considered to be the permission for import of the goods concerned into the country. The seal affixed to the order registration form may read "goods importable by using freely transacted foreign currency", "goods importable against export of goods from Iran" or "goods importable by using the foreign currency belonging to and procured by the importer". In all the above cases, the foreign currency required for payment of prices of import goods may be purchased from the bank at prevailing rate, by using the foreign currency belonging to and procured by the importer, by using credit facilities extended by the bank itself, by using the credit from the Foreign Currency Stabilization Fund, or by using other resources authorized by law or through a combination of the above methods. Therefore, there will be no need to amend the text on the seal of the Ministry of Commerce by a change in the conditions.

1.2 In respect of the applications made by the organizations enumerated in Article 160 of the 4th Development Plan Act, the requirements set forth in Sub-clause "d" of Article 13 of the 4th Development Plan Act regarding foreign transactions and contracts having a value of one million dollars or more, quoted in Exhibit 11 hereto, must be complied with. Therefore, it shall be necessary that the documents evidencing compliance with the approved criteria shall be taken from the applicant and kept with the records.

2. Aggregation of customs duties, taxes, order registration fee, and all other levies and charges

According to Article 2 of the Law Amending Certain Articles of the 3rd Economic, Social and Cultural Development Plan Act of Islamic Republic of Iran as well as the Law on the Manner of Levying on and Collecting Duties and Other Charges from Producers, Suppliers of Services and Importers of Goods, ratified on January 22, 2003, all customs duties, taxes, order registration fees, and all other applicable charges and duties collectible on import goods have been consolidated and an aggregate sum of 4% of the customs value of goods shall be collected. The above aggregated sum as well as the commercial profit tax that will be fixed by the Council of Ministers, in accordance with the applicable laws, shall be called Import Excises that will be collected by the Customs Organization.

3. Procurement of L/C Value

It shall be possible to open L/C by the sale of foreign currency against its rial equivalent by the L/C opening bank to the importer, or by using the foreign currency transferred to Iran through the banking network from abroad and belonging to the applicant importer or through a combination of the above two methods in any proportion with due regard to the following regulations:

3.1 The amount of advance payment for the import of all commodities that will be payable on the date of opening the L/C shall be determined at the discretion and risk of the L/C opening bank with due consideration of the credit of the applicant importer. The remaining balance of the L/C value shall be paid to the L/C opening bank by the importer until the date of negotiation of documents.

3.2 The amount of advance payment for import of all commodities by ministries and government entities operating under the National Budget and importing goods by the use of letters of credit shall be one hundred percent (100%) of the L/C value on the date of opening the L/C.

Note- Those government affiliated companies and organizations mentioned in Article 4 of the Public Accounts Law that do not use the resources provided for them under National Budget Bill as certified by the Management and Planning Organization, whether or not they may have an identification number in the Budget Bill, shall not be subject to the provisions of this Clause and may proceed to open L/C according to the provisions of Clause 3.1 above.

3.3 considering the mode of collection of advance payment on L/C value by banks, commodity importers shall be required to provide sufficient securities in order to assure banks on payment of the remaining balance of L/C value in time, as the banks shall collect the L/C value from importers at their own risk.

3.4 Prior to negotiation of documents, any sale of foreign currency equal to the rial payment made by an importer calculated at the rate prevailing on the date of making advance and interim payments, shall be deemed as final and shall be recorded as forex conversion by the bank concerned. Final settlement of accounts with the importer shall be made on the date of endorsement of documents or on the date of maturity of time and refinance letters of credit in respect of the remaining balance of the L/C.

Note 1- Should an importer accept and assume all responsibility in respect of fluctuations of the rates of exchange, the advance and interim payments in Iranian rials shall be deemed to have been made on account basis and settlement of accounts may be made with the said customer in respect of 100% of the L/C value at the rate of exchange prevailing on the date of negotiation of documents.

3.5 In case of L/C opening by using the forex belonging to the applicant importer, the above regulations shall apply only to the extent possible.

3.6 Importers shall be under the obligation to provide funds in foreign currency or the equivalent amounts in rials on the dates designated for payment. Should an importer delay in providing the required funds, the bank concerned shall proceed to impose the delay penalties and shall collect the charges and costs as provided in the agreement concluded by and between the bank and the importer.

3.7 Making use of credit facilities in foreign currencies including the use of banks resources, Foreign Exchange Stabilization Fund, the World Bank, Islamic Development Bank as well as finance and refinance facilities shall be in accordance with the pertinent regulations described in the relevant chapter of these Regulations.

3.8 Considering that L/C opening pre-advice (without any obligation on the part of the bank giving such pre-advice) may not be construed as L/C opening, therefore, these Regulations shall not apply in the case of mere notification of pre-advice on L/C opening. However, full compliance with the regulations pertaining to opening letters of credit shall be mandatory at the time of opening non-operative letters of credit and dispatch of the pertinent short telex.

Note- L/C may be opened in the above manner for a maximum period of six months. Thereafter, the L/C shall be made null and void and the matter shall be notified to the agent bank and the buyer after the said period.

4. Examination of Insurance Policies in Respect of Import Goods

Insurance policies made in respect of import goods shall be examined in the manner descried in Chapter II (Transportation, Insurance and Surveillance).

5. Obtaining a Letter of Undertaking from Importers on Timely Submission of the Original Copy of the Customs Permit Evidencing Final Clearance of Imported Goods

It shall be mandatory to obtain a written undertaking signed by the importer concerned on submission of the original copy of the final customs clearance permit of the imported goods that will be in conformity with the transacted documents as regards the quantity, quality and value of the goods. The letter of undertaking shall be made in accordance with the format in Exhibit 1 hereto.

Note 1- The above said original copy of the final customs clearance permit of the goods shall be checked by the L/C opening bank against the provisions of the L/C as regards the quantity, quality and value of the imported goods and shall be certified and stamped by the bank and then returned to the importer concerned with a photocopy thereof kept with the records of the L/C opened by the bank.

Note 2- No letter of undertaking above described, shall be required in respect of the L/C's whose required funds shall be procured out of the foreign currencies belonging to the importer concerned.

Note 3- Entry of capital goods and/or the goods required for the projects being implemented in Imam Khomaini Port Special Economic Zone and Pars Energy Special Economic Zone by the means of letters of credit with confirmation of such entry by the ministry concerned shall be acceptable proof of entry of the goods into Iran but the foreign currency under the L/C shall be considered as having been settled and accounted for only by submission of the final clearance of the goods or by a certificate to be issued by the customs organization certifying that the imported goods meet the requirements of the order registration of the goods as regards their quantity and quality.

Note 4- Importers intending to import goods with the condition that the goods will be free of charge shall be under the obligation to present the proforma invoice of the goods with indication therein that the goods will be free of charge. Any discrepancy regarding the quantity and quality of free imported goods shall be regarded as short landing. Further, the bank concerned shall be under the obligation to keep the final customs clearance permit of free goods together with the documents evidencing the total consignment (original goods and accompanying free goods) for the purpose of settlement of foreign exchange obligations of the importer concerned.

6. Charging Commission for Banking Services

L/C opening banks shall offer all their banking services against charging a commission.

7. Dispatch of Information Relating to Opened L/C's to the Central Bank

Banks shall be under the obligation to report to the Statistics and Foreign Currency Obligations Department of the Central Bank of Islamic Republic of Iran all information pertaining to the letters of credit opened by them including the L/C's opened under finance schemes, short term credit lines (refinance), forex facilities extended out of Foreign Exchange Stabilization Fund, banks resources, credits extended by the World Bank and Islamic Development Bank, forex belonging to applicant importers, etc. in accordance with the pertinent directives.

8. Conditions that may be Inserted in the L/C's or for Amendment of L/C's

The terms and conditions of letters of credit shall be determined at the request of the applicant importer, requirements by the L/C opening bank, and the uniform conditions of letters of credit issued by the International Chamber of Commerce known as UCP500.

The following conditions may be inserted in a letter of credit in case the applicant importer shall ask for such insertion and accepts the responsibilities attached to the said conditions and the L/C opening bank shall agree to such insertion:

8.1 Authorizing trans-shipment (except in Turkish Ports).

8.2 Opening L/C under the conditions of CIF or CIP in due compliance with the provisions of Article 70 of the Insurance Act and Central Insurance Law and insuring the good with an Iranian insurance company.

8.3 Opening revolving L/C

8.4 Opening back to back L/C in compliance with Circular No.MB/2095 dated March 16, 2005 (Exhibit No.2).

8.5 Opening L/C under the condition of Ex-works. Provided that the buyer shall assume all responsibilities for obtaining the required permissions of export, up to the exit border post in the country of the supplier and making transportation arrangements until final destination in Iran, and providing sufficient and appropriate insurance coverage for the goods.

8.6 The right to transfer ownership and title to goods under the L/C.

8.7 Acceptance of bill of lading and other third party documents.

8.8 Acceptance of the bill of lading as charterparty.

8.9 Carriage by a vessel having no classification provided that sufficient and appropriate insurance coverage shall be provided for the goods.

8.10 Carriage by a vessel on irregular route, devoid of age or on the deck provided that sufficient and proper insurance coverage will be provided for the goods.

8.11 Change of the type of the goods and tariffs. Provided that the order registration form shall also be amended by the Ministry of Commerce.

Note- As regards the commodities importable under L/C at export or floating rates (less than Rls.1,750 to one US dollar), the change of the goods under the L/C shall be subject to confirmation by the organization that allocated the foreign currency. The order registration form must likewise be amended by the Ministry of Commerce.

8.12 Change of the beneficiary in the L/C as well as the concurrent changes of the beneficiary, origin of shipping and the agent bank (provided that the original beneficiary and agent bank shall agree to such change and the order registration documents shall be amended accordingly at the Ministry of Commerce).

8.13 Increasing the respite for submission of shipping documents up to 60 days.

8.14 Acceptance of shipping documents issued prior to the date of L/C opening but after the date of order registration at the Ministry of Commerce.

8.15 Increase of the quantity of goods provided that the order registration documents at the Ministry of Commerce shall be amended, accordingly.

8.16 Increase of the price in addition to the amounts indicated in the order registration form and increase of the FOB price to be supplied from a decrease in freight charges mentioned in the L/C. Provided that the order registration form shall be amended by the Ministry of Commerce.

Note- As regards the L/C's opened at floating rate (Rls.1,750 to one US dollar) or less as well as export rates, any increase in the value of the goods and L/C value may be made with the agreement of the organization that allocated the foreign currencies.

8.17 Correcting the mistakes made by L/C opening bank.

8.18 Changes in the packing under the condition of providing sufficient insurance coverage.

8.19 Change of transport under the condition of providing sufficient insurance coverage.

8.20 Change of the point of origin with the approval of the Ministry of Commerce.

8.21 Insertion of the condition for dispatch of free goods under the condition that the supplier, in his proforma invoice, shall make a reference to the dispatch of a part of the consignment free of charge. The said pro-forma invoice must be stamped by the Office of Order Registration and Supervision of Commercial Exchanges. The free goods must be explicitly mentioned in the order registration form, in addition to the original goods.

Any amendment of a letter of credit by inserting the free goods shall be subject to the order registration form by the Ministry of Commerce.

8.22 It shall be permissible to open L/C, countersign and endorse same and pay for the documents of purchase of air and sea transportation against the receipt for handing over the purchased items and the documents evidencing change of title to the property with the certificate of export commodity without submitting a bill of lading.

8.23 Carriage of bulk goods in a commingling manner provided that the goods shall be homogeneous as regards their type and quality.

8.24 It shall be permissible to change the currency of the L/C from US dollar to other convertible currencies by amending the order registration form at the Ministry of Commerce in accordance with the new proforma invoice.

8.24.1 L/C's that will be settled through the Asian Clearing Union shall not be subject to the provisions of this present Clause.

8.24.2 In cases where a letter of credit has been issued in US dollar but the supplier prefers to collect the L/C value in a currency other than US dollar, at the time of negotiation of documents, or states his willingness above prior to the due date for payment, change of L/C value may be made by using the exchange rate mentioned in the website of the International Monetary Fund below:

(http://www.imf.org/external/np/fin/rates/rms_rep.cfm)

8.24.3 Please note that in cases where the L/C opening bank has already collected a down payment in rials according to Sub-clause A.3.4 above and has converted same to US dollar, the new rate of conversion must substitute the previous one in settlement of the account of the L/C that will be made eventually in Iranian rials.

8.24.4 In respect of those letters of credit for which the documents mentioned in Sub-clause A.1.2 above must be submitted prior to the opening of L/C (international tenders/limited tenders/transactions and contracts without undergoing tender formalities permitted by the 3-member panel of government transactions), the buyer shall be under the obligation to submit a certificate of amendment of the amount or the type of the foreign currency concerned, as the case may be.

8.24.5 As regards those letters of credit opened in US dollar, the following text must be inserted in them and the buyer shall be under the obligation to accept all pertinent risks and obligations:

"If any amount payable under this L/C shall not be possible to be paid in US dollar, it will be paid in any other freely usable currency/hard currency/major currency/top currency (choose one as appropriate) specified by the L/C beneficiary or the financing bank, as the case may be, by converting the US dollar amount into the relevant currency at the representative exchange rate announced by the currency issuing central bank (meaning the country that issued the relevant currency according to IMF definition) two banking days prior to the payment date and available on the IMF website (www.imf.org).

8.24.6 In case of agreement by and between the buyer and the seller, insertion of any specific currency, in the above text, shall be permissible. In such case "the currency issuing central bank" in the above text must be substituted with the name of the relevant central bank. For example, if euro will be agreed to substitute US dollar, European Central Bank (ECB) will substitute "the currency issuing central bank".

9. L/C Maturity Date and Validity Period (amended through Circular No.60/1035 dated May 6, 2006)

Validity period of a letter of credit shall be fixed upon request to be made in this regard by the importer concerned and with due regard to his credit for up to 18 months after the L/C opening date.

Note- In cases where the commodities being the subject of the L/C must be manufactured and fabricated during a certain period mentioned in the relevant pro-forma invoice or in the relevant contract of sale, the validity period shall be fixed at the discretion of the L/C opening bank with due regard to period required for fabrication and shipment.

10. Extension of Validity Period

10.1 Validity period of letters of credit may be extended by submitting a certificate of payment of foreign currency, or certificate of settlement of previous L/C's (purchased at the Stock Exchange or made out of allocated foreign currencies), foreign exchange earned by the applicant through the export of commodities, foreign currencies purchased from banks at agreed upon parity rates or foreign currency belonging to the applicant. Application in this regard shall be made by the applicant and accepted by the bank concerned.

10.2 Extension of validity of all letters of credit opened by the organizations enumerated in the attached list (Attachment No.3 hereof) by using export and floating rate i.e. Rls.1,750 for one US dollar as well as the letters of credit opened by the companies and entities affiliated to those enumerated in Attachment No.3 that have been allocated at the above rates of exchange out of the quotas of the said organizations and entities shall be possible, up to the end of 1385 with the agreement of the organization that allocated the funds in foreign currency.

10.3 Extension of validity of letters of credit for development projects by ministries, government organizations and entities whose L/C's have been opened at export and floating rates (Rls.1,750 to one US dollar) with a bank may be possible up to the end of 1385. Provided, however, that the minister or deputy minister concerned with the project, shall certify that the L/C is related to a development project.

10.4 Extension of validity of finance L/C's, short term credit lines (refinance), Islamic Development Bank and World Bank L/C's shall be possible with due regard to all applicable regulations.

Note- It must be noted that it shall not be possible to extend the validity of L/C's being the subject of Sub-clauses 10.2, 10.3 and 10.4 that have been opened before March 21, 2001 at export rate or floating rate (Rls.1,750) and no withdrawal has been made from such L/C's as well as those L/C's that have been opened at parity rates less than the said floating rate. These L/C's may be extended only in case the difference in rials between the said rates (export, floating and less than floating) and the rate of exchange prevailing on the date of extension of validity shall be provided by the applicant.

10.5 It shall be permissible to extend the validity of all letters of credit opened by the Ministry of Petroleum and all its affiliate companies and entities out of the credit under Article 120 of the 3rd Development Plan Act with due regard to the provisions of Directive No.876 dated August 8, 2001 issued by CBIRI's Int. Dept.'s general manager or by Forex Operations Dept. of the CBIRI.

10.6 Extension of validity periods of letters of credit opened at the rates below those mentioned in Sub-clause 10.1 above may be possible upon request by the applicant and by supplying the difference between the said rate and that prevailing on the date of extension.

10.7 It shall be also possible to extend the validity of L/C's opened for payment of freight charges in accordance with the criteria for extending the period of the L/C opened for payment of the pertinent commodities.

10.8 Extension of validity period of letters of credit that, on the basis of the relevant pro-forma invoice or the contract, require a fabrication/manufacturing period shall be made at the discretion of the L/C opening bank with due regard to the said period. Such extension may be possible at the discretion of the Central Bank of Iran after expiry of the initial maturity date.

10.9 Letters of credit having been expired for six months after their last maturity dates, must be made null and void and settlement of accounts in this regard must be made with the customer.

11. Certificates of Inspection for Import Goods being Subject to Compulsory Standards

(Amended through Circular No.1093 dated August 31, 2005)

L/C terms and conditions shall contain the requirement for submission of inspection certificate in respect of the goods that are subject to compulsory standardization in accordance with the provisions of Chapter II of these Regulations entitled Transportation, Insurance and Surveillance (Inspection).

12. Certifying the Documents (packing list, certificate of origin, inspection certificate and freight list)

12.1 The commercial packing list and the certificate of origin shall be certified by the chamber of commerce in the relevant country of the port of embarkation or manufacturing of the goods.

12.2 The certificate of inspection issued by an authorized foreign inspection company shall be certified by the chamber of commerce in the relevant country that is the country of the port of embarkation, issuance of the certificate or manufacturing of the goods.

12.3 The list of freight charges issued by the foreign shipping company shall be certified by the chamber of commerce in the relevant country that is the port of embarkation or manufacture of the goods.

Note 1- A list of the organizations and chambers of commerce in various countries that carry out the task of certifying the certificates of origin and other commercial instruments has been given in Exhibit No.4 hereof.

Note 2- Should the supplier declare that in his country, the authority certifying the documents is other than that mentioned in the L/C conditions, the L/C opening bank shall obtain a confirmation in this regard from the agent bank and shall then accept the certificate issued by the latter authority.

13. Legalization of the Documents

Insertion of the condition on legalization of commercial instruments by diplomatic missions of Islamic Republic of Iran in foreign countries has been required for the purpose of protection of the interests of the buyer. However, waiver of insertion of the said condition or its deletion from the text of L/C on the request of the buyer and by his acceptance of all the ensuing results, shall be permissible.

Note 1- In cases where the L/C opening bank has granted credit facilities to the buyer, deletion of the condition on legalization of documents may be possible at the discretion of the bank.

Note 2- In cases where in the opinion of the ministry concerned, legalization of certain documents shall be necessary and such requirement shall be mentioned in the order registration documents, it shall be mandatory to insert and include the condition on legalization of documents in L/C conditions.

14. Confirmed Letters of Credit

L/C opening banks may proceed to confirm the L/C at the request of the buyer made pursuant to a requirement on the part of the supplier and the agent bank.

15. Time L/C's (Deferred Payment)

(Amended through Circular No.1044 dated June 11, 2005)

Time L/C's providing for deferred payment of the value of the documents within a maximum period of 12 months after the date of negotiation of the instruments or after the date of bill of lading (provided that the documents shall be negotiated), with submission of the proforma invoice or the commercial contract in which the condition of deferred payment shall be provided, may be issued by banks, pursuant to signature of a letter of undertaking to be given by the buyer according to the format in Exhibit No.10 hereof in compliance with the following conditions:

15.1 A minimum of 5% of the L/C value (in rials or in foreign currencies) must be paid at the time of opening L/C.

15.2 A minimum of 5% of the L/C value (in rials or in foreign currencies) must be paid at the time of negotiating the documents.

15.3 The remaining value of the L/C shall be paid on the date of maturity of payment.

The above percentages are the minimum amounts collectible. The L/C opening bank shall be under the obligation to obtain sufficient securities from the importer that will be required to assure payment of the remaining value of the L/C at the time of maturity of the payment to the agent bank.

Note 1- The parity rate for conversion of any of the above payments from rials into foreign currencies shall be the rate prevailing on the date of payment of the amounts in Iranian rials.

Note 2- It may be also possible to make a final settlement of accounts with the applicant importer on the basis of the rate of exchange prevailing on the date of settlement in respect of 100% of the L/C value in case the importer concerned shall accept all liabilities in respect of fluctuation of the rates of exchange.

Note 3- The applicant importer shall be under the obligation to provide the required funds in rials/foreign currencies on due dates. In case of his failure in providing the required funds, the bank shall charge delay penalties and interest in accordance with the terms of the agreement concluded by and between the bank and the applicant importer.

Note 4- In cases where a letter of credit has been opened under an order registration providing for cash payment, but the importer wishes to change such condition by using the facilities of making deferred payments or applies for change of the condition of payment from cash to time L/C, such request may be accepted by the L/C opening bank only in case of explicit acceptance of the supplier in this regard and also accepting that the supplier shall not ask for any additional amount due to changing payment condition of the L/C or after receiving a new pro-forma invoice/commercial contract signed by the supplier for payment of the L/C value within a maximum of 12 months after the date of negotiation of the documents or the date of issuance of the bill of lading (provided that the documents shall be negotiated and in compliance with the above regulations.

Note 5- Time letters of credit opened with the condition of deferred payment may be amended to cash L/C's.

Note 6- Change of maturity date of payment of time L/C's and extending such respite shall be permissible. Provided, however, that total respites shall not exceed by 12 months.

Note 7- It shall be permissible to open letters of credit through a combination of the above cash and deferred payment methods for any portion of the L/C value to be paid in intervals not exceeding 12 months.

Note 8- The bank shall be under the obligation to investigate the ability of the applicant importer for making payment on due dates in respect of time L/C's providing for deferred payment by the importer.

16. Foreign Currency Advance Payments

(Amended through Circular No.1087 on August 8, 2004)

It shall be permissible to pay up to 25% of the L/C value to the beneficiary as advance payment against an unconditional, valid bank letter of guarantee for the same amount, by inserting these conditions in the text of the L/C. It may also be possible to increase the amount of 25% against the same conditions of issuing unconditional bank letter of guarantee for the same amount by giving evidence to the bank regarding the convenience of such arrangement.

16.1 It shall be mandatory for the agent bank to provide payment of interest at inter-banks rate or higher rates determined by L/C opening bank in the letters of guarantee in order that in case one or more parts of the transaction shall not be carried out, such interest shall be paid to the buyer in compensation of the costs imposed on the buyer. In such cases, the rials equivalent of the collected interest, at the rate provided in the L/C, shall be paid to the buyer, after deducting therefrom, the commission and expenses of the bank.

If the foreign currency paid as advance payment was provided by the buyer, the collected interest will be paid to the buyer in foreign currency.

17. Negotiating the documents of opened L/C

17.1 Agent banks shall collect the documents due to be submitted by the beneficiary and shall check the said documents against the conditions of the L/C and in case of compliance of the said documents with L/C conditions shall negotiate the documents within a maximum period of seven (7) working days and shall inform the L/C opening bank accordingly and shall send the documents to the said L/C opening bank. The agent bank shall then debit its relevant covering account and shall collect the value of the L/C from the L/C opening bank or the bank covering the relevant claim and shall pay same to the beneficiary of the L/C.

Note- Should the L/C opening bank inform the beneficiary of the L/C directly, it may proceed to negotiate the documents and pay the L/C value to the beneficiary under the condition that all L/C conditions have been met.

17.2 The L/C opening bank shall be under the obligation to examine the collected documents within seven (7) working days. Should there exist no discrepancy between the said documents and L/C conditions, the L/C opening bank shall accept the documents by crediting the relevant accounts for the value of the documents. Should there exist any discrepancy, the L/C opening bank shall inform the bank that negotiated the documents and shall either pay or return or keep the documents through making agreements with the agent bank.

Note 1- Should the bank that negotiates the documents note a discrepancy between the documents and the conditions of the L/C, it may treat the L/C as a collectible bill. In such case, it may send the documents with the agreement of the beneficiary to the L/C opening bank for collection of its value in the form of bills collectible.

Note 2- Should the bank negotiating the documents pay the value of the L/C despite one or more discrepancies in the documents and the L/C opening bank shall notice such discrepancies, the negotiating bank shall be bound to return the L/C value and the interests accruing thereon and the L/C opening bank shall be bound to make claim and pursue collection of the value.

Note 3- Should the collected documents be as such that according to the regulations they can not be countersigned and endorsed, the documents shall be kept with the bank, on trust basis, through coordination with the agent bank and shall be returned to the agent bank at the request of the buyer in case of non-payment.

17.3 Acceptance and negotiation of collectible documents and giving instruction for payment to the negotiating bank shall be subject to compliance with the regulations set forth in the chapter on acceptance and endorsement of collectible documents.

18. Endorsement of Documents Collectible Pertaining to Letters of Credit Opened with Different Rates

L/C opening banks, in accordance with the provision of the Uniform Regulations of Letters of Credit (UCP500) shall be bound to accept or reject the documents they collect from the agent bank within 7 banking days after making coordination in this regard with the buyer.

In cases where the existing differences in the documents cause changes to be made in the order registration documents, the matter shall be reported to the Ministry of Commerce by the importer.

In cases where there shall exist discrepancies between the collected documents and L/C conditions, action shall be taken according to the following provisions:

18.1 Instances where the endorsement and payment of the value of the documents shall be possible with the acceptance of the buyer and assuming all consequences by him:

18.1.1 Change of the agent bank and/or acceptance of the documents dispatched by another agent bank, provided that there shall exist a confirmation of acceptance by the agent bank designated in the L/C conditions.

18.1.2 Typing and writing errors in any of the documents.

18.1.3 Change of the currency of the L/C to any other hard currency up to the total value of the L/C. In such case, payment of the L/C value, after confirmation to be made by the agent bank, shall be made in the currency designated in the L/C but conversion shall be made by the L/C opening bank at the exchange rate prevailing on the date of payment.

18.1.4 Discrepancies in the addresses of the buyer or the bank in any of the documents.

18.1.5 Change of the means of transportation (from land to sea transport, etc.)

18.1.6 Change of the shipping company to another authorized shipper.

18.1.7 Change of destination within Iran. Provided that the goods have already reached the second destination.

Note- In case of increase in freight charges according to Sub-clauses 5, 6 and 18.1.7, payment shall be made up to the amount fixed in L/C conditions. Should there occur a decrease in freight charges, the difference shall be deducted.

18.1.8 Delay in presenting the bill of lading for up to a maximum period of 90 days (old documents).

18.1.9 Changes in the number of packages, type of packaging, gross weight. Provided that there shall occur no discrepancy in the quantity and quality of the goods.

Note- In the case of Sub-clauses 9 and 18.1.8, inspection must be made at the destination to ascertain compliance of the imported goods with other terms of the L/C in respect of the commodities imported by the use of floating rate (Rls.1,750 to one US dollar) or less as well as export rates.

In the case of ministries, government organizations and government companies, waiver of inspection at the destination shall be possible by assuming all ensuing consequences by the topmost executive authority in the organization concerned.

18.1.10 In case of a decrease to be made in the number and weight, the value of the L/C must be reduced pro rata. Should the number and weight of the cargo increase by up to 20%, payment of the additional sum, up to the maximum amount envisaged in the L/C, shall be possible with the confirmation to be made by the ministry concerned.

Note- Confirmation of the ministry concerned shall be compulsory in respect of commodities imported at floating rate (Rls.1,750) or less.

18.1.11 In case of partial shipment, payment, commensurate with the collected documents of partial shipment, may be made in compliance with other terms of the L/C.

Note- Confirmation of the organization concerned shall be required and compulsory in respect of commodities imported at floating rate of Rls.1,750 to one US dollar or less as well as export rate.

18.1.12 In case of existence of any discrepancy in the documents (in unit prices or the total price), should the value of documents fall below the L/C value, payment shall be made equal to the value of the collected documents. Should there exist an increase, payment may be made up to the value ceiling of the goods value according to the terms of the L/C.

18.1.13 Indication of brand new commodities instead of used, second hand goods in the documents without any change in the amount of the L/C and obtaining the confirmation of the Ministry of Commerce.

18.1.14 Indicating the name of another acceptable country in the certificate of origin other than that indicated in the original L/C conditions and any discrepancy regarding the name of such country.

Note 1- Authorization in this regard must be issued by the Foreign Exchange Policies and Regulations Department of the Central Bank in respect of the goods imported by using foreign currency at floating rate (Rls.1,750 to one US dollar) or less and export rates.

Note 2- Confirmation of the International Department of the Central Bank shall be required in the case of transactions with member countries of Asian Clearing Union (ACU).

18.1.15 Failure in dispatching copies of any of the documents in sufficient number.

Note- As regards the insufficient number of copies of the bill of lading, payment may be made after presenting the final customs clearance permit.

18.1.16 Failure in presenting the documents required by buyer or presenting such documents with discrepancies.

18.1.17 Failure in presenting the shipping list.

18.1.18 In case of discrepancy in the cost of inspection, if such cost shall be less than that envisaged in the L/C, payment shall be made in the amount of the invoice given by the inspection company. Should the actual cost be more than the sum envisaged in the L/C, payment of the difference up to the value ceiling provided in the L/C for inspection costs shall be permissible.

18.1.19 Should the shipping documents be sent to the L/C opening bank in the form of bills collectible due to discrepancy in the text of the certificate of inspection of the goods in respect of a commodity that is not subject to compulsory standardization as compared with the prescribed format set forth in Exhibit No.5 of these Regulations (Chapter II), action shall be taken, after settlement of accounts with the customer, in the following manner, through agreement with the agent bank:

a. A copy of the documents shall be submitted to the importer concerned, at the customs yard, for the purpose of arranging inspection of the goods by an Iranian authorized inspection company.

b. Should the inspection costs be payable by seller, the value of the L/C shall be reduced, in foreign currency, commensurate with the cost of inspection charged by the authorized Iranian inspection company.

c. After collecting the certificate of inspection issued by the authorized Iranian inspection company on the conformity of the quantity, quality and packaging of the goods with the final terms and conditions of the L/C, the documents shall be endorsed and payment of the documents shall be made after deducting therefrom the costs of inspection.

18.1.20 Should the shipping documents of the commodities being subject to compulsory standardization be sent to the L/C opening bank in the form of bills collectible due to the date of inspection falling prior to the date of bill of lading or discrepancy in the text of the certificate of inspection (as provided in Exhibit No.3, Chapter II of these Regulations), or due to failure in presenting a certificate of inspection, endorsement of the documents and payment thereof shall be subject to submission of a confirmation to be issued by the Institute of Standards and Industrial Research of Iran.

18.1.21 Presenting a certificate of inspection issued by an inspection company other than that provided in the L/C. Provided, however, that no objection was made by the initial inspection company.

18.1.22 Submission of all third party documents except the bill of lading

18.1.23 Submission of documents within a maximum of one month after the date of expiry.

Note- In the case of letters of credit opened at floating rate (Rls.1,750 to one US dollar) or less and export rate, the above shall apply only in case the L/C shall be extendable according to the applicable regulations.

18.1.24 Documents collected in respect of the goods being in addition to those for which order registration was carried out and also the documents showing an increase in the FOB price of goods, which increase was compensated out of a reduction in freight charges quoted in the L/C, provided that the order registration documents shall be amended by the Ministry of Commerce.

Note- Agreement of the organization that allocated the foreign currencies of the imports shall be required in the above case in respect of letters of credit opened by the use of foreign currency at floating rate (Rls.1,750 to 1 US dollar) or less and export rate within the value ceiling of the letter of credit.

18.1.25 Failure to have the air bills of lading stamped by the flight impression stamp.

18.1.26 Documents issued prior to the date of opening the letter of credit. Provided, however, that such date shall be after the date of order registration with the Ministry of Commerce.

18.1.27 Presenting the documents with the condition of trans-shipment, except in respect of Turkish ports.

18.1.28 Discrepancy between the goods and their tariff numbers. Provided that the order registration documents shall be amended by the Ministry of Commerce.

18.1.29 Change of the port of embarkation in the bill of lading except unauthorized countries.

Note- In case of a decrease in freight charges pursuant to Sub-clause 18.1.29 above, the difference shall be deducted from the L/C value. In any case, the maximum freight charges, according to the relevant invoice, may not exceed the freight charges indicated in the L/C.

18.2 Instances where the endorsement of documents shall be contingent on the request to be made by the importer concerned and acceptance of the agent bank to collect the value of the documents after the final customs clearance permit shall be issued in accordance with the terms of the L/C:

18.2.1 Discrepancy between the date and number of the pro-forma invoice in the commercial list or the packing list.

18.2.2 Submission of documents providing trans-shipment from Turkish ports.

18.2.3 Discrepancy in the description of goods in the documents without changing the tariff numbers.

18.2.4 Change of ship from classified and liner vessel to non-classified, non-liner vessel.

18.2.5 Bill of lading issued for carriage on deck.

Note- In case of a decrease in freight charges under Sub-clauses 18.2.4 and 18.2.5, the difference shall be deducted from the value of the L/C.

18.2.6 Submission of a third party bill of lading.

18.2.7 Submission of charter party bill of lading.

18.2.8 Submission of documents issued after the expiry of the L/C (within a maximum of six months in compliance with Sub-clause 18.1.23).

18.2.9 In case the date, seal or signature on the bill of lading has been tampered with and the date of shipment can not be ascertained by checking the manifest or other documents.

18.2.10 Failure to mention Persian Gulf on the bill of lading if the goods shall be destined to a southern Iranian port.

18.2.11 Failure to provide inspection certificate or submission of a certificate issued prior to the date of the bill of lading as regards the goods that are not subject to compulsory standardization.

Note- Goods imported under L/C's opened in floating rate (Rls.1,750 to 1 US dollar) or less and export rate, shall be inspected at the destination.

18.2.12 Failure to have the documents certified by local chamber of commerce.

18.2.13 In case the number of the insurance policy in shipping documents shall not be the same number indicated in the L/C.

Note 1- Should any of the above discrepancies be removable, amendment shall be made by the same authority in charge of issuing the document concerned and shall be sent to the beneficiary through the agent bank as a supplementary document. In such case, the documents may be endorsed upon acceptance of all ensuing liabilities by the buyer concerned.

Note 2- In cases where endorsement of collected documents shall be subject to a request by the importer concerned and acceptance of the agent bank for collecting the value of the documents after the issuance of the final customs clearance certificate, it shall be mandatory that the buyer concerned shall accept and sign a letter of undertaking according to Exhibit No.9 attached hereto.

18.3 Instances where no endorsement and payment of value shall be permitted:

18.3.1 Change of destination to free trade zones and special economic zones or to destinations other than customs houses in the Islamic Republic of Iran.

18.3.2 Providing dispatch of used, second hand goods in any of the documents where brand new goods must be dispatched.

18.3.3 Submission of an inspection certificate denoting non-compliance of the inspected goods with the goods being the subject of the L/C.

18.3.4 Submission of documents after six months from the expiry date of the L/C except in cases where the Foreign Exchange Policies and Regulations Department of the Central Bank of IRI shall accept such arrangement.

18.3.5 The instances that have not been mentioned in Clauses 18.1, 18.2 and 18.3 must be consulted with the Central Bank of Islamic Republic of Iran.

19. Endorsement of the Documents under Letters of Credit

The bank opening letters of credit shall endorse and submit the documents that have been issued without any discrepancy with the terms and conditions of the L/C and shall hand them over to the importer concerned for clearance of the goods from the customs.

Note- Considering that by endorsing and handing over the documents to the importer, the title to the imported goods shall be transferred to the importer, the banks shall make certain that they have enough securities in their hands covering their claims, at the time of such endorsement and handing the documents to the importer concerned.

19.1 Endorsement of documents shall be possible against collection of the original copies of the documents in accordance with the terms of the L/C.

Note 1- According to the Decree of the Council of Ministers dated August 10, 1994 permission has been granted to Iran Customs Organization to clear the goods im