The Executive Power

Section One: The Presidency and the Ministers

Article 11322: After the leadership, the President of the Republic is the highest official of the country. He is responsible for executing the constitution and heading the executive power, except in instances that are directly related to the leadership. Article 114: The President of the Republic is elected for four years by the direct vote of the people. His consecutive election is allowed just for one additional term. Article 115: The President of the Republic must be elected from among the religious and political elite who meet the following qualifications: Iranian origin, Iranian nationality, administrative leadership, clear past record, honesty and piety, believing in the fundamentals of the Islamic Republic of Iran and the official religion of the country. Article 116: The candidates for presidency must officially announce their candidacy prior to the start of the elections. The law determines how the President of the Republic is elected. Article 117: The President of the Republic is elected by the absolute majority vote of the voters; however, if in the first round of voting none of the candidates has a majority, votes will be cast for a second time on the Friday of the following week. Only the two candidates who had the most votes will participate in the second round of the election. If some of the candidates, who in the first round of election had more votes, are

21 Article 112 (1979 Edition): The leader and the Leadership Council are equal to other citizens before the law. 22 Article 113 (prior to the 1979 Edition): After the leadership, the President of the Republic is the highest official of the country. He is responsible for executing the constitution, coordinating the relations among the three powers, and heading the executive power, except in instances that are directly related to the leadership. 27 dissuaded from participating in the election, the two, among the rest, who had more votes than others, will be introduced for re-election. Article 118: The responsibility for supervising the presidential election is with the Guardian Council, in accordance with Article 99. However, prior to the formation of the Guardian Council, this responsibility is with a supervising assembly that is designated by the law. Article 119: The election of the new President of the Republic must take place at least a month prior to the termination of the previous presidential term. In the interim between the election of the new President of the Republic and the end of the previous presidential term, the former President of the Republic fulfills the duties of the President of the Republic. Article 120: If any of the candidates, whose qualifications are established by this law, dies within ten days prior to the voting, the elections will be postponed for two weeks. If in the interval between the first and the second rounds of voting one of the two candidates who hold the majority vote in the first round dies, the election will be extended by two weeks. Article 12123: The President of the Republic must take the following oath and add his signature to it at a session held at the Islamic Consultative Assembly in the presence of the head of the judiciary power and the members of the Guardian Council: In the Name of Allah, Most Gracious, Most Merciful As President of the Republic I take an oath, before this glorious Qur’an and the Iranian nation, on God the exalted and the powerful, that I will guard the official religion of the country, the order of the Islamic Republic, and the constitution. I will employ all of my capabilities and qualifications toward fulfilling the responsibilities that I have undertaken. I will devote myself to the service of the people and the advancement of the country, dissemination of religion and morality, and protection of truth and justice. I will avoid any form of autocracy and will protect the freedom and dignity of the individuals and the rights that the constitution has granted the nation. I will not withdraw from any endeavor toward safeguarding the borders and the political, economic, and cultural independence of the country. By seeking help from God and following the Prophet of Islam and the Immaculate Imams, peace be upon them, I, like a wise and devoted trustee,

23 Article 121 (1979 Edition): The President of the Republic must take the following oath and add his signature to it at a session held at the National Consultative Assembly in the presence of the Supreme Court and the members of the Guardian Council: In the Name of Allah, Most Gracious, Most Merciful As President of the Republic I take an oath, before this glorious Qur’an and the Iranian nation, on God the exalted and the powerful, that I will guard the official religion of the country, the order of the Islamic Republic, and the constitution. I will employ all of my capabilities and qualifications toward fulfilling the responsibilities that I have undertaken. I will devote myself to the service of the people and the advancement of the country, dissemination of religion and morality, and protection of truth and justice. I will avoid any form of autocracy and will protect the freedom and dignity of the individuals and the rights that the constitution has granted the nation. I will not withdraw from any endeavor toward safeguarding the borders and the political, economic, and cultural independence of the country. By seeking help from God and following the Prophet of Islam and the Immaculate Imams, peace be upon them, I, like a wise and devoted trustee, will cherish as a sanctified trust, the power that the nation has bestowed upon me, which I will transfer to the person whom the people elect after me. 28 will cherish as a sanctified trust, the power that the nation has bestowed upon me, which I will transfer to the person whom the people elect after me. Article 12224: The President of the Republic is responsible before the nation, the leader, and the Islamic Consultative Assembly, within the confines of the authorities and the duties that it has according to the constitution or the regular laws. Article 123: The President of the Republic has the duty to sign the legislations that are approved by the Assembly, or the result of a referendum, after passing the legal procedures and are communicated to him. He must then send them to those responsible for their enforcement. Article 12425: In order to fulfill his legal duties the President of the Republic can have deputies. The first deputy of the President of the Republic, with his consent, has the responsibility of administrating the cabinet of the ministers and coordinating the other deputies. Article 125: All the treaties, transactions, agreements, and contracts between the government of Iran and other governments as well as all the pacts related to the international unions, after they are approved by the Islamic Consultative Assembly, must be signed by the President of the Republic or his legal representative. Article 12626: The President of the Republic is directly responsible for the budget, planning, administrative, and employment affairs of the country; he can transfer their administration to another. Article 12727: In special instances, as dictated by necessity, with the approval of the Council of Ministers, the President of the Republic can delegate one or more special deputies with specific authorities. In these instances, the decisions of the aforementioned deputy or deputies are considered as the decisions of the President of the Republic and the Council of Ministers. Article 12828: Ambassadors to foreign countries are selected upon the recommendation of the minister of foreign affairs and the approval of the President of the Republic. The President of the Republic signs the credentials of the ambassadors and accepts the credentials of ambassadors from other countries. Article 129: The President of the Republic is responsible for the award of state decorations.

24 Article 122 (1979 Edition): The President of the Republic is responsible before the nation within the confines of his authorities and duties. The law determines how to investigate any deviation from this responsibility. 25 Article 124 (1979 Edition): The President of the Republic nominates an individual as the prime minister and issues a decree appointing him the prime minister, after receiving the vote of consent from the National Consultative Assembly. 26 Article 126 (1979 Edition): Governmental protocols and regulations are communicated to the President of the Republic after they are approved by the Council of Ministers. If he finds them in contra- diction with the laws, he returns them, with his explanations, to the Council of Ministers for review. 27 Article 127 (1979 Edition): In the event the President of the Republic finds it necessary, the meeting of the Council of Ministers will be held in his presence and chaired by him. 28 Article 128 (1979 Edition): The President of the Republic signs the credentials of the ambassadors and accepts the credentials of ambassadors from other countries. 29 Article 13029: The President of the Republic must submit his resignation to the leader; until it is accepted, he must continue with his duties. Article 13130: In case of death, dismissal, resignation, absence or sickness for longer than two months of the President of the Republic, or in case the term of presidency is over but as a result of obstacles the new President of the Republic is still not elected, or other circumstances of this kind, the first deputy of the President of the Republic, with the consent of the leadership, assumes the authority and responsibilities of the president. A council consisting of the head of the Assembly, the president of the judiciary power, and the first deputy of the President of the Republic are obliged to make arrangements that in a maximum of fifty days the new President of the Republic is elected. In case the first deputy dies or other circumstances prevent him from fulfilling his duties, or in case the President of the Republic does not have a first deputy, the leader assigns another person in his stead. Article 13231: During the time that the authority and responsibilities of the President of the Republic are assigned to the first deputy or another person, who is allocated in accordance with Article 131, the ministers cannot be interrogated or be issued a vote of no-confidence; nor can any attempt be made to review the constitution or to initiate a referendum. Article 13332: The ministers are appointed by the President of the Republic and introduced to the Assembly to obtain the vote of confidence. A change in the Assembly does not necessitate that a new vote of confidence should be received for the ministers. The law determines the number of ministers and the limits of their authority. Article 13433: The leadership of the Council of Ministers is assigned to the President of the Republic who supervises the functions of the ministers; and by adopting necessary provisions coordinates the decisions made by the ministers and the Government Council; and with the cooperation of the ministers determines the programs of the government and implements the laws.

29 Article 130 (1979 Edition): In the event of the absence or illness of the President of the Republic, a council known as the Temporary Presidential Council composed of the prime minister, head of the National Consultative Assembly, and head of the Supreme Court, will perform his duties provided that the conditions excusing the president last no longer than two months. Also, if the president has been dismissed, or his term has expired, and a new president has not been elected because of certain obstacles, the responsibilities of president shall be exercised by this council. 30 Article 131 (1979 Edition): In case of death, resignation, or sickness for longer than two months of the President of the Republic, or in case the president is dismissed, or other circumstances of this kind, the Temporary Presidential Council has the duty to assure that the new president is elected within a maximum of fifty days. During this time, this council implements all the responsibilities and authorities of the President of the Republic except in regard to the referendum. 31 Article 132 (1979 Edition): During the period when the Temporary Presidential Council is assigned the duty of the president, the government cannot be asked to explain an issue, nor can the government be given a vote of noconfidence, nor steps taken to revise the constitution. 32 Article 133 (1979 Edition): The ministers are appointed upon the recommendation of the prime minister and the approval of the President of the Republic, and then introduced to the Assembly to obtain the vote of confidence. The law determines the number of ministers and the confines of their authority. 33 Article 134 (1979 Edition): The leadership of the Council of Ministers is assigned to the prime minister who supervises the functions of the ministers; and, by adopting necessary provisions, coordinates the decisions made by the government; and, with the cooperation of the ministers, determines the programs of the government and implements the laws. The prime minister is responsible for the actions of the Council of Ministers before the Assembly. 30 If there are disagreements, or if there is intervention in the legal duties of government institutions, and if such matters do not necessitate an interpretation or legal changes, then the decision of the Council of Ministers, adopted on the basis of the recommendations of the President of the Republic, are binding. The President of the Republic is responsible for the actions of the Council of Ministers before the Assembly. Article 13534: The ministers remain at their posts as long as they are not dismissed, or issued a vote of no-confidence by the Assembly as a result of interpellation or asking for a vote of confidence. The resignation of any individual minister or the Council of Ministers is submitted to the President of the Republic. Until the designation of the new government, the Council of Ministers continues with its duties. The President of the Republic can delegate a supervisor, for a maximum of three months, for the ministries that do not have a minister. Article 13635: The President of the Republic can depose the ministers. In that case, he must obtain a vote of confidence from the Islamic Consultative Assembly for the new minister/ministers. After the Assembly has announced its vote of confidence to the government, if half of the members of the Council of Ministers are changed, the president must again solicit a vote of confidence from the Islamic Consultative Assembly. Article 13736: Each of the ministers is responsible for his own specific duties before the President of the Republic and the Assembly. He is also responsible for the actions of others in matters that are approved by the Council of Ministers. Article 13837: In addition to instances when the Council of Ministers or a minister is assigned to draft the regulations for implementing the laws, the Council of Ministers has the authority to establish regulations and protocols for fulfilling administrative duties, for securing the implementation of the laws, and for organizing administrative offices. Each one of the ministers, also, within the confines of his own duties, and the legislation of the Council of Ministers, has

34 Article 135 (1979 Edition): The prime minister remains at his post as long as he has the vote of confidence issued by the Assembly. The resignation of the government is submitted to the President of the Republic. Until the designation of the new government, the prime minister continues with his duties. 35 Article 136 (1979 Edition): In the event the prime minister decides to depose a minister and replace him with another, the President of the Republic must approve of this dismissal and substitution and obtain a vote of confidence from the Assembly for the new minister. After the Assembly has announced its vote of confidence to the government, in case half of the members of the Council of Ministers are changed, the government must again solicit a vote of confidence from the Assembly. 36 Article 137 (1979 Edition): Each of the ministers is responsible for his own specific duties before the Assembly, but responsible for the actions of others in matters that are approved by the Council of Ministers. 37 Article 138 (1979 Edition): In addition to instances when the Council of Ministers or a minister is assigned to draft the regulations for implementing the laws, the Council of Ministers has the authority to establish regulations and protocols for fulfilling administrative duties, for securing the implementation of the laws, and for organizing administrative offices. Each one of the ministers, also, within the confines of his own duties, and the legislations of the Council of Ministers, has the authority to establish regulations and to issue memoranda. But, the content of these regulations must not contradict the text and the spirit of the laws. 31 the authority to establish regulations and to issue memoranda. But, the content of these regulations must not contradict the text and the spirit of the laws. The legislation of some of the matters that are pertinent to the duties of the government can be allocated by the government to commissions consisting of a few ministers. Given the approval of the President of the Republic, the legislation of these commissions must be executed within the limits of the law. The regulations and protocols of the government, and the legislation of the com- missions, mentioned in this article, are communicated to the President of the Republic as they are released for execution. In case the President of the Republic finds them opposed to the laws, by stating the reason, he will send them for review to the Council of Ministers. Article 139: Resolving the litigation related to public and state property or referring it to arbitration is contingent, in each case, upon the approval of the Council of Ministers, and must be communicated to the Assembly. In cases where the party to the dispute is a foreigner and in important internal cases, it must also be approved by the Assembly. The law determines the important cases. Article 14038: Accusations against the President of the Republic, his deputies, and the ministers, in cases of ordinary crimes, are investigated with the knowledge of the Islamic Consultative Assembly at the common courts of justice. Article 14139: The President of the Republic, his deputies, the ministers, and the government employees cannot hold more than one governmental position. They are prohibited from holding any other kind of job at institutions whose capital, partially or entirely, belongs to the government or public institutions. Nor can they be a representative at the Islamic Consultative Assembly, or an attorney of court, a legal advisor, or the president, executive manager, or member of the board of directors of any kind of private company; except for cooperative companies of offices and institutions. Educational positions at universities and research institutes are exempt from this rule. Article 14240: The wealth of the leader, the President of the Republic, his deputies, the ministers, and their spouses and children, will be examined by the head of the judiciary before and after their term of office, in order to determine if it is increased illegitimately.

38 Article 140 (1979 Edition): Accusations against the President of the Republic, the prime minister, and the ministers, in cases of ordinary crimes, are investigated with the knowledge of the National Consultative Assembly at the common courts of justice. 39 Article 141 (1979 Edition): The President of the Republic, the prime minister, the ministers, and the government employees cannot hold more than one governmental position. They are prohibited from holding any other kind of job at institutions whose capital, partially or entirely, belongs to the government or public institutions. Nor can they be a representative at the National Consultative Assembly, or an attorney of court, a legal advisor, or the president, executive manager, or member of the board of directors of any kind of private company; except for cooperative companies of offices and institutions. Educational positions at universities and research institutes are exempt from this rule. The prime minister can accept directorship of some of the ministries on a temporary basis, if necessary. 40 Article 142 (1979 Edition): The wealth of the leader, or members of the Leadership Council, the President of the Republic, the prime minister, the ministers, and their spouses and children, will be examined by the Supreme Court before and after their term of office, in order to determine if it is increased illegitimately. 32 Section Two: The Army and the Islamic Pasdaran Revolutionary Corps Article 143: The Army of the Islamic Republic of Iran is responsible for protecting the independence and territorial integrity of the country and the order of the Islamic Republic. Article 144: The Army of the Islamic Republic of Iran must be an Islamic army, i.e. committed to Islamic ideology and the people. It must accept into its service deserving individuals who are true to the goals of the Islamic Revolution and devoted to realizing them. Article 145: No foreigner will be admitted in the army or the security forces of the country. Article 146: It is forbidden to establish any kind of foreign military base in the country, even for peaceful purposes. Article 147: In time of peace, the government, in complete respect for the criteria of Islamic justice, must utilize the army’s personnel and technical equipment for relief operations, educational and productive endeavors, and the Reconstruction Campaign ( jehād-e sāzandegi), to the degree that the army’s combat-readiness is not impaired. Article 148: Any form of personal use of military equipment and facilities, as well as personal use of its personnel as servants, chauffeurs, and other such uses, is forbidden. Article 149: Promotion in military rank and its withdrawal is in accordance with the law. Article 150: The Islamic Pasdaran Revolutionary Corps, established in the early days of the victory of the Revolution, will remain in effect in order to continue in its role of protecting the Revolution and its achievements. The range of the duties and responsibilities of this Corps, in relation to the duties and range of responsibilities of other armed forces, will be determined by law, with emphasis on fraternal cooperation and harmony among them. Article 151: In accordance with the venerable Qur’anic verse, “Muster against them all the men and cavalry at your command, so that you may strike terror into the enemy of God and your enemy and others beside them who are unknown to you but known to God” (8: 59), the government is responsible for providing for all the citizens a program of military training and its facilities, in accordance with the criterion of Islam such that everyone will always be able to engage in the armed defense of the country and the order of the Islamic Republic of Iran. However, the possession of arms requires the permission of the official authorities.