THE USURY-FREE BANKING ACT LAW, 1983
Chapter I: Objectives and Functions of the Banking
System
in the Islamic Republic of Iran
Article 1
Objectives of the banking system:
(1) the establishment of a monetary and credit system based on rightness
and justice (as delineated by the Islamic canon) for the purpose of regulating
the sound circulation of money and credit to enhance the health and growth
of the economy
(2) using monetary and credit mechanisms, to engage in activities conductive
to the attainment of the economic goals, policies and plans of the government
of the Islamic Republic
(3) creation of necessary facilities for the extension of cooperation
and interest-free lending (gharz-al-hassaneh) among the public through
the attraction and absorption of surplus funds, reserves, savings and deposits,
and the mobilization thereof, to provide the conditions and opportunities
for employment and investment, as stipulated in Article 43 (2 & 9)
of the Constitution
(4) maintenance of the currency value and equilibrium in the balance
of payments, and facilitating the commercial exchanges
(5) facilitating payments and receipts, exchanges, transactions and
other services to be performed by the banks, as determined by law.
Article 2
Functions of the banking system:
(1) issuing of notes and coins as legal tender in conformity with the
law and regulations
(2) regulating, controlling and guiding the circulation of money and
credit, in accordance with the law and regulations
(3) performing all banking operations in foreign exchange and local
currency, and undertaking or guaranteeing the foreign exchange payments
of the government, according to the law and regulations
(4) Supervision of transactions in gold and foreign exchange and the
inflow or outflow of Iranian currency and foreign exchange, and framing
the regulations governing thereof, in accordance with the law
(5) performing operations related to securities according to the law
and regulations
(6) carrying out the monetary and credit policies, in accordance with
the law and regulations
(7) banking operations related to securities according to the law and
regulations
(8) opening of various interest-free (current and savings) accounts
and accepting term investment deposits, and issuing the relevant certificates,
as required by the law and regulations
(9) granting of interest-free loans and credits, in accordance with
the law and regulations
(10) granting of loans and credits and provisions of other banking
services to the legally established cooperatives, for the realization of
the provisions of Article 43 (2) of the Constitution
(11) conducting transactions in gold and silver and holdings, and management
of foreign exchange and gold reserves, with due observance of the relevant
law and regulations
(12) holding the Rial balances of international monetary and financial
institutions or similar organizations and/or their affiliates, according
to the law and regulations
(13) entering into payments arrangement in order to effect monetary
trade and transit agreements concluded between the government and other
countries in accordance with the law and regulations
(14) accepting and holding in trust of gold, silver, valuables, securities
and official documents for natural persons or legal entities and leasing
of safe-deposit boxes
(15) issuance, confirmation and acceptance of Rial or foreign exchange
guarantees for customers
(16) performance of attorney-ship or guardian-ship services, in accordance
with the law and regulations.
Chapter II: Mobilization of Monetary Resources
Article 3
Banks are authorized to accept deposits under each of the following
titles:
(A) Interest-free (gharz al-hasaneh) deposits
1. Current
2. Saving
(B) Term investment deposits
Note: Term investment deposits, for the utilization of which the bank
enjoys the power of attorney, shall be used in joint venture (mozarebeh),
hire-purchase, installment transaction (mozara'ah, musaqat), direct investment,
forward dealings (salaf) and jo'alah transactions
Article 4
Banks are obliged to repay the principals of interest-free (saving
and current) deposit, and may undertake and/or insure the principals of
the term investment deposits.
Article 5
Based on signed agreement, proceeds derived from activities stipulated
in the Note to Article 3 of this Law shall be apportioned in proportion
to the term and the amounts of investment deposits and the bank's resources
as a proportion to the aggregate resources used in such activities.
Article 6
In order to attract and mobilize deposits, the banks may, through promotional
methods, give the following awards to the depositors:
(A) non-fixed bonuses in cash or in kind to interest-free deposits
(B) exempting the depositors from, or granting discount thereto, in
payment of commissions and/or fees
(C) according priority in the use of banking facilities to depositors
as specified in Chapter III
Chapter III: Banking Facilities
Article 7
In order to bring about necessary conditions for the expansion of the
activities of various production, trade and service sectors, banks may,
on basis of partnership, provide a portion of the capital and/or resources
required by these sectors.
Article 8
The banks may directly invest in productive and development projects
or activities. Plans for such investments should be included in the annual
Budget to be approved by the Islamic Consultative Assembly (Majlis), and
evaluation of the project should not be indicative of losses.
Note: Banks are by no means entitled to invest in the production of
luxury and non- essential consumer goods.
Article 9
In order to provide facilities required for the expansion of commercial
activities, banks may, within the framework of the trade policies of the
government, put the necessary financial resources at the disposal of the
customers on the basis of mozarebeh, assigning priority to the legally
established cooperatives.
Note: The banks shall not enter into mozarebeh with the private sector
for imports.
Article 10
For the purpose of providing facilities necessary for the expansion
of housing activities, banks may, in coordination with the Ministry of
Housing and Urban Development, construct low-priced residential units for
sale on installment or hire- purchase.
Note: The banks are authorized to acquire for the construction of low-priced
residential units subject of Article 10, provided that they duly observe
the Urban Lands Act.
Article 11
In order to create the conditions necessary for the expansion of industrial,
mining, agricultural and service activities, banks are empowered to purchase
movable property, and to sell it on installment to the client, on second
basis, upon the request of the client and his undertaking for the purchase,
consumption and/or direct use of goods or commodities thus requested.
Article 12
In order to create the necessary facilities of the expansion of service,
agricultural, industrial and mining activities, banks may purchase movable
and unmovable properties, at the request of the client and his undertaking
to hire-purchase the same for his own use, and place them at the disposal
of the client in accordance with hire- purchase arrangements.
Article 13
In order to create the conditions required for the provision of working
capital needed by productive units, banks may purchase (A) upon the request
of the productive units and their undertaking for the purchase and utilization
of the primary materials and the spar parts thus requested, primary materials
and spare parts needed by productive units and resell them to the said
units on credit, and (B) upon the request of the productive units, on
a forward basis, the easy-to-sell products of the said units.
Article 14
For the realization of the objectives expressed by Article 43 (2&
9) of the Constitution, banks are obliged to earmark a portion of their
resources, as interest-free loan, to the applicants. The rules of procedure
of this Article shall be drawn up by the Central Bank and approved by the
Cabinet.
Article 15 (amended on 19 March 1987):
All the contracts exchanged for the execution of this Act shall be,
by virtue of an agreement signed by the two parties, regarded as official
documents and binding, provided that the two parties do not dispute their
provisions. They shall be governed by the provisions of the rules of procedure
for official documents. The transactions of immovable and movable properties
which are required, by the relevant laws and regulations, to be conducted
by notaries public, shall still be performed in accordance with the formalities
concerned.
Note 1: Should more than one contract for the
awarding of banking facilities be included between a bank and its client
through a notary public, the pertaining charges, such as duties, notarization
fee and the like, shall be calculated and collected in relation to the
first document. In the case of subsequent contracts, the levying of the
said shall depend on the increase of the price stated, over the price stated
in the preceding contract, In that case, the applicable charges of any
type such as duties, notarization fee and the like, with the exception
of the writing fee, shall be calculated and collected with respect to the
difference of the two prices. The bank's opinion shall determine the relation
ship between the contracts.
Note 2: In the instances whereby motor vehicles
(either manufactured domestically or imported) are transferred through
the banks to persons as a result of awarding banking facilities, the transferring
bank shall be regarded as the first-hand transferor, as far as the transfer
taxation regulations are concerned.
Article 16
In order to provide the necessary conditions for the expansion of production,
trading and service activities, banks may engage in Jo alah
Article 17
Banks may assign on mozara'ah musaqat agricultural lands and/or orchards
which are at their disposal or in their possession.
Article 18
Central Bank of Islamic Republic of Iran (CBIRI) shall conduct only
those operations sanctioned by this law with respect to the state corporations,
not all shares of which are owned by the government.
Article 19
Policy for the credit and short-term (one-year) facilities shall be
adopted upon recommendation by the General Assembly of the Central Bank
and approval by the cabinet. Policy for credit and five-year and long-term
facilities shall be incorporated in the five-year and long-term facilities
shall be incorporated in the five-year and long-term development plans
bills, and submitted to the Islamic Consultative Assembly for ratification.
Article 20
For the proper functioning of the monetary and credit system, the CBIRI,
under rules to be approved by the cabinet, is empowered on the strength
of Article 19, to intervene in, and supervise, the monetary and banking
activities through the following means:
(A) fixing a minimum and/or maximum ratio of profit for banks in their
joint venture and mozarebeh activities; these ratios may vary for different
fields of activity
(B) designated of various fields for investment and partnership within
the framework of the approved economic policies, and the fixing of a minimum
prospective rate of profit for the various investment and partnership projects;
the minimum prospective rate of profit may vary with respect to different
branches of activity.
(C) fixing a minimum and maximum margin of profit for banks in installment
and hire-purchase transactions, as a proportion to the cost price of the
goods transacted
(D) determination of types and the minimum and maximum amounts of commissions
for banking services (provided that they do not exceed the expense of service
rendered) and the fees charged for putting to use the deposits received
by the banks
(E) determination of the types, amounts, minimum and maximum bonuses
subject of Article 6, and the establishment of guidelines for advertisement
by banks in the cases referred to.
(F) determination of the minimum and maximum ratio in joint venture,
mozarebeh, investment, hire-purchase, installment transactions, buying
or selling on credit forward deals, mozara'h, musaqat, jo'alah and interest-free
loans for bank, or any of them, with respect to various fields of activity;
also fixing the maximum facility that can by granted to each client.
Chapter V: Miscellaneous
Article 21
In its dealing with other banks, the CBIRI is not authorized to engage
in banking operations which involve usury; nor are the banks among themselves.
Article 22
Upon authorization by the CBIRI, banks may engage in authorized banking
operations with state-owned institutions, government-affiliated organizations
and public corporations.
Article 23
The funds received as commissions charges and attorney-ship fees shall
constitute the bank's income and con not be divided among the depositors.
Article 24
Exemption from commercial benefit tax, and/or tax exemptions granted
by law to factories and productive enterprises shall also apply to banks
when replacing them in matters of imports or ownership.
Article 25
Consequent to the ratification of this Act, all contravening laws and
regulations shall be superseded, and all the powers and duties stipulated
in the Monetary and Banking Act the Bill for the Administration of the
Banks and the amendments thereto, which have been delegated to other authorized
entities under the present Act, shall be divested from the previous authorities.
Articles 27
With the recommendations by the CBIRI, the Ministry of Economic Affairs
and Finance shall draw up the rules of procedure of this Act and put them
into effect upon their approval by the cabinet. The drafting and approval
of the rules of procedure shall not exceed a four-month period. This Act,
in 27 Articles and four Notes, was approved by Majlis in its sitting of
Tuesday, 30 August 1983 and ratified by the Guardian Council on 1 September
1983.