Duties and liabilities Act of
Ministry of
Information and Communications Technology


Article 1- Considering the significant changes in science and technology related to electronic industry, telecommunications, radio and computer communications; the important and effective role of post, telecommunications, post bank and remote-sensing services on the cultural and economic affairs, deepening of relations and common interests among human societies, transformation in administrative systems, reduction of unnecessary journeys, protection of the environment, determination of ground resources, meteorology and oceanography for development planning; and the necessity of formulation and compilation of constitutional duties and liabilities of the organization in charge of supervising the  above services and adapting the title of this organization to the current necessities and needs the Act of Duties and liabilities of the Ministry of Information and Communications Technology (ICT) is hereby drawn up , in accordance with the overall policies of the State, in the following Articles.

Article 2- For the purpose of exercising frequency spectrum management and protecting the national radio rights at the regional and international levels; centralization of policy-making; process formulation of regulations and standards and supervision of their implementation in different areas of post, communication and telecommunication such as conventional and new services in post, telecommunication, space communication, radio communications, data transmission, audio and video  transmission, remote sensing, and computer communication; development of conducive media for communication, information processing and saving and remote-sensing methods and supporting them; and also policy-making for the development of the afore-mentioned communications facilities and services, in line with the world"s state-of-the-art scientific, experimental and information technology advancement , in accordance with the present Act and within the framework of the overall policies of the State, the title of the Ministry of Post, Telegraph, and Telephone (PTT)is hereby changed to the Ministry of Information and Communications Technology (ICT)and all the duties, authorities  and responsibilities of the Minister and Ministry of Post, Telegraph and Telephone (PTT) are entrusted to the Minister and Ministry of Information and Communications Technology (ICT).





Article 3- Duties and liabilities of the Ministry of Information and Communications Technology (ICT):
a
a-    Formulation of overall policies and standards for the development of communications and information technology within the framework of the overall policies of the State;
b-    Macro Policy-making and planning and guidance and supervision of national networks for postal, post bank, communications and information technology networks, within the framework of the overall policies of the State;
c-    Establishment, maintenance, operation and development of national postal and communications infrastructural networks;
d-    Regulation, management and control of the country’s frequency domain and formulation and ratification of the required guidelines, charts and standards for the optimal use of frequency and satellite circuits, and enforcement of sovereignty over the country’s national frequency spectrum and chart;
e-    For the purpose of securing its sovereignty, the Government will be in charge of the establishment and maintenance of infrastructural communications networks, regulation of the country’s frequency domain and the provision of postal and communications services. In order to prevent harm and damage to the society and ensure economic growth and development of the country, the non¬-governmental sector will be authorized to be active in the domain of non-infrastructural networks of the communications section of independent and parallel postal and telecommunications networks, with due regard to Article 44 of the Constitution of the Islamic Republic of Iran and in accordance with the approval of the Board of Ministers;
f-    Overall supervision over the activities of the non-governmental sector with regard to issues related to telecommunications, post, post bank; Payam air services and information technology, within the framework of existing laws and regulations and with due regard to  Article 44 of the Constitution of the Islamic Republic of Iran;
g-    Licensing the establishment and operation of enterprises offering postal, telecommunications and information technology services in the  country, in accordance with the existing laws and regulations and with due regard to  Article 44 of the Constitution of the Islamic Republic of Iran;
h-    Planning  and compilation  of the national information technology system;
i-    Development and promotion of communications and information technology on a national scale and provision of the required infrastructure to ensure the citizen’s access to relevant basic services;
j-    Supporting research and development activities for a more extensive use of new technology in the field of information technology and promotion of its applicational  culture;
k-    Proposal and formulation of national standards in the field of communications and information technology and their submission to the concerned authorities ;
l-              Enforcement of standards, regulations and quality control systems and performance of type approval in the provision of services and development and operation of telecommunications, post and information technology networks in the country;
m-    Facilitation of the participation of the non-governmental sector in the development of communications and information technology;
n-    Formulation of regulations for dispute settlement and establishment of documents acceptable to courts of law in the case of disputes and violations in the field of communications and information technology, and their presentation to the Government for legal process;
o-    Membership on behalf of the Government in  international  forums and unions related to communications and information technology, and fulfillment of bilateral and international commitments and agreements in the field of post, post bank, telecommunications and information technology;
p-    Approval of policies and management of the affairs related to the designing, printing and issuance of stamps and postal securities, and issuance of permit for the import, use and manufacture of stamp printing machines and supervision of all related affairs;
q-    Protection and non-disclosure of various kinds of postal letters and parcels as well as telephone conversations and exchanges through information networks and information related to real and legal entities , in conformity with the law.

Article 4- For the purpose of policy-making and formulation of national strategies in the field of information technology; formulation of medium and long-term plans for development of basic and practical research in the field of information technology and also expansion of the use of information technology and communications in the county and in the development plans for various sectors, the High Council of Information Technology will be established, within the framework of the overall policies of the State, utilizing the facilities and human resources of the Office of Management and procurement  of Information Resources of the Ministry of Information and Communications Technology (ICT). The Council"s decisions, with due regard to the overall policies of the State and the existing rules and regulations and upon the approval of the President, will be issued for implementation by the Minister of ICT, who will also bear the responsibility for monitoring their implementation.
a-     Chairmanship of the High Council is entrusted to the President, and in his absence, to his first Vice-President;
b-    The Secretariat of the High Council will be established in the Ministry of ICT, utilizing the facilities and the human resources of the Ministry"s Office of Management and procurement of Information Resources. Its Secretary, to be nominated by the Ministry of ICT, will be appointed by the President.
c-    The Council’s Articles of Association will be drawn up by the Ministry of ICT, in collaboration with the Organization for Management and Planning, and presented to the Council of Ministers for approval;
d-     The Organization for Management and Planning is invested with the responsibility to prepare and approve the necessary organization  of the High Council, in line with its objectives and duties, in collaboration with the Secretariat of the High Council and shall assign an independent  budget  row for its expenditures;
e-     Duties of the High Council of Information Technology are as follows:

1.    Formulation of strategic and macro-goals for the development of information technology in the country;
2.    Policy-making and formulation of the necessary strategies for the promotion of use of information technology in various social, economic and cultural fields;
3.    Preparation and formulation of comprehensive information technology system and designation of the duties and responsibilities of various sectors in the country in the comprehensive system;
4.    Formulation of necessary rules and regulations and standards in the field of information technology;
5.    Formulation of macro research plans for the development of the information technology in the country;
6.    Formulation of plans for international cooperation in the field of   information technology.

Note:    All the provisions of this Article shall enter into effect upon completion of the legal process.

Article 5- Committee for the Formulation of Communications Regulations will be established with the following authorities  and duties, utilizing the facilities and human resources of the Organization under Article 7 of this Act:


a-    Reform and restructure of the country’s communications network ;
b-   In order to prevent harm and damage to the society and ensure economic growth and development of the country, the non¬-governmental sector will be authorized to be active in the domain of non-infrastructural networks of the communications section of independent and parallel postal and telecommunications networks, with due regard to  Article 44 of the Constitution of the Islamic Republic of Iran and in accordance with the approval of the Board  of Ministers;
c-   Setting of tariffing policies with respect to all services in different areas of communications and information technology and approval of tariffs and rates for all communications services in accordance with the country"s laws and regulations;
d-   Formulation of the country"s communications regulations in accordance with the existing laws and regulations, and monitoring of their implementation;
e-   Policy-making for issuance of frequency authorization and establishment and receipt of the relevant royalty in accordance with the country"s laws and regulations;
f-   Realization of the intended objectives in the area of radio and radio amateur communications.

Article 6- Commission for the Formulation of Communications Regulations is composed of the following persons, utilizing the facilities of the Deputy for Telecommunications Affairs and the Communication Regulatory Authority of the Ministry of ICT:

a-    Minister of ICT (Chairman);
b-    Deputy Minister/Director of the Organization for the Formulation of Radio Regulations and Communications (Secretary);
c-   Representative of the Organization for Management and Planning;
d-    Representative of the Ministry of Economic Affairs and Finance;
e-    Three competent professional experts in the field of communications and information technology, to be nominated by the Minister of ICT and approved by the Board  of Ministers.

Note:    The executive regulations on the duties and working procedures of the Committee will be prepared by the Ministry of ICT within 3 months after the passage of this Act and will enter into force once approved by the Board  of Ministers.

Article 7- In order to implement the decisions of the Commission  for the Formulation of Communications Regulations and to realize the set goals in the area of radio communications, the Communications Regulatory Authority, affiliated to the Ministry of ICT, will be established through the merger of the Deputy for Telecommunications Affairs and the Directorate-General for Radio Communications of the Ministry of ICT, utilizing their existing facilities and human resources. Deputy Minister for Communications Affairs will head this new body.

Note 1: The Secretariat of the Commission in the Communications Regulatory Authority will be established through the utilization of the Organization’s facilities and human resources. The Secretariat will have a separate budget row in the country’s annual budget. Its organization, proposed by the Ministry of ICT and approved by the Organization for Management and Planning, will be prepared and publicized within three months following the passage of this Act.

Note 2: The said Organization, entrusted with the sovereign, executive and monitoring duties and liabilities  of the Ministry of ICT in the field of formulation of communications regulations and radio communication, enjoys a legal entity and financial independence. Its needed current and developmental expenditures form part of the annual budget of the Ministry of ICT and are envisaged in the national annual budget bill and financed through public funds and fees.



Note.3:    The Articles of Association of this Organization will be drawn up by the Ministry of ICT within a maximum period of six months, to be subsequently approved by the Board of Ministers.

Article 8- For the purpose of utilizing space technologies, peaceful uses of outer space, protection of national interests, and integrated use of space science and technology towards national economic, cultural, scientific and technological development, the High Council on Space will be established, to be chaired by the President and utilizing the facilities and human resources of the Organization under Article 9 of this Act. The Council’s decisions, once approved by the President and with due regard for the overall policies of the State and within the framework of the existing laws and regulations, will be issued for implementation by the Minister of ICT, who is also entrusted with the responsibility of monitoring its implementation.

The duties and powers of the High Council on Space are as follows:

a-    Policy-making for the purpose of utilizing space technology in the area of security affairs and peaceful uses of outer space in accordance  with the overall policies of the State and due regard for the existing laws and regulations;
b-    Policy-making for the manufacture, launch and use of national research satellites in accordance with the overall policies of the State and with due regard to the existing laws and regulations;
c-    Coordination among all relevant organizations and bodies;
d-    Formulation of long and medium-term plans for space-related affairs of governmental and non-governmental organizations and institutions and their presentation to the Government for legal process;
e-    Approval of long and medium-term plans in the county"s space field;
f.    Provision of overall guidance and supporting the activities of the private and the cooperative sectors for the purpose of optimal use of space;
g-    formulation of the required policies for regional and international cooperation in the field of space affairs as well as formulation of national positions in relevant fora, and their presentation to the Council of Ministers for legal process, with due regard to  the overall policies of the State;

Note 1: The Council’s Articles of Association will be drawn up by the Ministry of ICT, in collaboration with the Organization for Management and Planning, and presented to the Board of Ministers for approval.

Note 2: The Secretariat of the High Council on Space will be established in Iran’s Space Organization, utilizing the facilities and human resources of Iran’s Remote-Sensing Center, Ministry of ICT, and Directorate-General for Planning, Engineering and Installation of Satellite Communications and Directorate-General for the Maintenance of Satellite Communications of  Telecommunications Company of Iran. Director of Iran’s Space Organization will serve as the Secretary of the Council.

Article 9- In order to implement the decisions of the High Council on Space; pursue necessary studies, research, design, engineering and executive affairs in the fields of space services technologies and remote-sensing; strengthening communications and space technology networks in and out of the country; and consolidation of the sovereign activities of Iran’s Remote-Sensing Center and the Ministry of ICT, Iran’s Space Organization, affiliated with the Ministry of ICT, will be established, utilizing the  facilities and human resources of Directorate-General for Planning, Engineering and Installation of Satellite Communications and Directorate-General for the Maintenance of Satellite Communications of Iran"s Telecommunications Company of Iran.

The said Organization, enjoying legal entity and financial independence, will be governed according to its own Articles of Association. Deputy Minister of ICT will head the Organization.

The Organization’s Articles of Association will be drawn up by the Ministry of ICT within a period of six months, to be subsequently approved by the Board of Ministers.

Article 10- Whoever causes damage in any way to all or part of facilities, installations, equipment and communications systems of the general networks of post, post bank, Payam air services , telecommunications, information services, microwave, frequency centers, telecommunications transmission lines (air, ground or optical fiber cables), and satellite and remote-sensing equipments, whether governmental or non-governmental which have been constructed in accordance with the requisite standards, shall be obligated to compensate for the damages sustained.

Article 11- For the purpose of protecting national resources; achieving social justice; extending communications facilities to deprived areas, increasing national and sectoral efficiency, achieving economic transparency and improving social welfare; the Minister of ICT could enforce the following:

a-     Transfer of funds and revenue between Provincial Telecommunications Companies and  Telecommunications Company of Iran and  extending assistance to deprived areas and provinces will be executed with the approval of the Minister of ICT with due regard to  the government"s share and in accordance with Article 19 of the Articles of Association of provincial telecommunications companies and paragraph "a" of Article 125 of the Act of the Third Economic, Social and Cultural Development Plan of the Islamic Republic of Iran;
b-     The funds invested in the approved projects of telecommunications companies (provincial and national), post and other institutions, organizations, and companies affiliated to  the Ministry of ICT as well as its development projects, which are financed from their own revenues and internal sources or from the internal sources of telecommunications companies, will be considered as capital appreciation of the Government or  Telecommunications Company of Iran (depending on the case), and not subject to the provisions of Article 32 of the Act of the Plan and Budget of 24 February 1972.

Article 12- Companies, organizations and centers affiliated to the Ministry of ICT shall, while drawing up their annual budget, envisage at least 2% of the budget for research activities and development of new technologies in the field of communications and information technologies, and present them to the Government for inclusion in the annual national budget bill.

Article 13- The details of the duties and liabilities of the Ministry of ICT shall be drawn up within a period of maximum six months after the passage of this Act, based on the provisions of this Act as well as the binding paragraphs in Article 2 of the Act of the Third Economic, Social and Cultural Development Plan of the Islamic Republic of Iran and with the spirit and directing of  transfer of   executive duties to the non-governmental sector, cutting redundant or unnecessary duties, and transfer of certain duties to other ministries by the Ministry or relevant organizations depending on national or provincial duties (headquarters and provincial offices), and, once approved by the Organization for Management and Planning, will be approved by the Board of Ministers within the limits of regulations and with observance of Article 133 of the Constitution of the Islamic Republic of Iran.

Article 14- This Act  will enter into effect as of the date of its passage and all the conflicting laws and regulations are nullified herewith.

The liabilities and duties relevant to the Ministry of CIT, as contained in this Act do not include the liabilities  and duties of the Islamic Republic of Iran  Broadcasting (IRIB)  or those of the Armed Forces of the Islamic Republic of Iran. The laws and regulations pertaining to them continue to remain in force.

This Act , comprised of fourteen articles and seven notes, was passed in an open session of the Islamic Consultative Assembly, dated Wednesday, 10 December 2003, and was approved by the Guardian Council on 10 December 2003.


Mahdi Karroubi

Speaker of the
Islamic Consultative Assembly




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