Presidential decree on the NUG’s Chief Executive Officer

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(AAN working translation)

No 35

22/09/1393 [11 December 2014]

Decree

President of the Islamic Republic of Afghanistan

Concerning the Establishment of the Council of Ministers, the Responsibilities and Authorities of the Chief Executive Officer of the National Unity Government of the Islamic Republic of Afghanistan

Pursuant to articles 5, 50, and 142 of the Constitution, and considering Articles 60, 64, and 71 of the Constitution, and the thirteen Sub-Articles of Article B of the agreement between the two electoral teams on the structure of government of national unity, I hereby approve the establishment of the Council of Ministers as a separate body from the Cabinet, as follows:

The Composition of the Council of Ministers:

Article 1: The Council of Ministers will be comprised of the Chief Executive Officer and his deputies, the ministers, and the directors of the National Environmental Protection Agency and Central Statistics Organization

The Chief Executive Officer’ duties and responsibilities:

Article 2: The Chief Executive Officer of the National Unity Government, with the duties of an executive prime minister, undertakes the administrative and executive responsibilities of the government as indicated below.

1. Convening Council of Ministers’ meetings
2. Taking reports from ministers based on decisions taken by the Cabinet, the executive decisions of the Council of Ministers and any other designated task
3. Following up resolutions made by the Cabinet and decisions by the Council of Ministers
4. Providing advice to the President on the carrying out of the main policy lines of the country
5. Ensuring the implementation of government policies on balanced development;
6. Ensuring that the ministries’ budgets are spent punctually and rationally
7. Providing suggestions and advice to the President on appointments and discharging of senior government officials and other government-related matters
8. Participating in bilateral decision-making meetings with the President
9. Providing advice and suggestions to the President on good governance
10. Proposing reform plans for fighting corruption, reform and good governance to meetings of the Cabinet
11. The timely receiving and analysing of information on matters (social, economic and governance matters) in order to specify the plans and prioritize the agenda of the Council of Ministers and provide advice to the President
12. Presenting the annual report of the Council of Ministers’ activities to the Cabinet
13. Maintaining steady relations with the different strata of society in order to bring their problems into Council of Ministers’ deliberations
14. Taking part in national events in order to show the solidarity of the National Unity Government
15. Representing the National Unity Government at national and international levels based on the President’s instruction
16. Maintaining the working relations of the executive branch with the legislative and judicial branches in the defined framework of duties and responsibilities
17. Evaluating the ministers’ reports on the matters assigned by the Cabinet to the Council of Ministers and reporting actions taken to the Cabinet
18. Implementing the reform programmes approved by the Cabinet;
19. Ensuring that the plans for official trips of senior government officials are implemented effectively and rationally
20. Undertaking others’ duties that the President, within the constitution framework, has transferred to the Chief Executive Officer

Chief Executive Officer Authorities

Article 3: The Chief Executive Officer of the National Unity Government has the following authorities:

A Administrative:

1. Chairing the Council of Ministers meetings
2. Being a member of the Cabinet and National Security Council
3. Ensuring the executive inter-ministerial coordination for the implementation of projects
4. Establishing and leading Council of Ministers’ sub-committees
5. Endorsing Council of Ministers’ work-plans and presenting implementation reports to the Cabinet
6. Leading and administering the Office  of the Chief Executive Officer’s Chief of Staff and the Secretariat of the Council of Ministers, as an independent budgetary entity
7. Appointing and dismissing the staff of the Office of the Chief Executive Officer and the Secretariat of the Council of Ministers, based on the prevailing law and the regulations of the country
8. Joining the President during all ceremonial and official events of the state of the Islamic Republic of Afghanistan
9. Proposing ministerial nominees to the President
10. Receiving working reports from the ministries and adopting necessary reforms in their work based on the law

B Finances:

1. Approving the formation and budget of the Office of the Chief Executive Officer’s Chief of Staff and the Secretariat of the Council of Ministers as an independent budgetary entity
2. Approving expenditures of the Office of the Chief Executive Officer’s Chief of Staff and the Secretariat of the Council of Ministers
3. Approving the use of up to 30 per cent of the money from Code 91 (Policy)
4. [Exercising] any other financial authority that, within the limits of the Chief Executive Officer’s duties, has been designated by the President of the Islamic Republic of Afghanistan to the Chief Executive Officer of the National Unity Government

Duties and Responsibilities of the Chief Executive Officer’s deputies:

Article 4: The Deputies of the Chief Executive Officer will extend their support to the Chief Executive Officer in order that he can carry out all the duties and responsibilities designated to him as mentioned in this decree

Article 5: The Deputies of the Chief Executive Officer are members of the Cabinet and the National Security Council

Article 6:  The division of duties between the Deputies or the Chief Executive Officer will be based on the Chief Executive Officer’s preference

Accountability:

Article 7: The Chief Executive Officer is accountable to the President on all tasks assigned to him by the Cabinet and will report to the Cabinet

Article 8: The execution of the authorities laid out in this decree will be valid for the Chief Executive Officer only until a loya jirga has taken a decision about the creation of the position of an Executive Prime Minister, and are not transferable.

Working Duration:

Article 9: The Chief Executive Officer and his deputies will continue to enjoy their responsibilities and authorities until the Constitution is amended and the Executive Prime Minister post is created

I pray to God for the success of the Chief Executive Officer of the government of national unity in serving the people of Afghanistan

Muhammad Ashraf Ghani

President of the Islamic Republic of Afghanistan