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His Majesty, and in the absence of His Majesty the Prime Minister will assume the presidential duties, and if there be no Prime Minister, the Minister of the senior Ministry will discharge these duties.

26. A deputy who is appointed to officiate in the absence of a Minister has the same rights and powers as that Minister. 27. Every year, before the general annual Festival of Independence, a Court is held by special orders of His Majesty, under the presidency of His Majesty himself. This Court will be composed of Government officials, nobility and gentry selected by His Majesty, before whom every Minister and head of a Department will state in a public speech the services and actions performed by them in the previous year. 28. The Prime Minister and other Ministers are selected and appointed by His Majesty.

29. To the Council of Ministers are referred all important affairs of Government, both foreign and domestic. The decisions of the Cabinet and agreements requiring ratification are brought into force after receiving the Royal Sign Manual.

30. The Ministers carry out themselves matters connected with their Ministries so far as lies within their competence. They submit to His Majesty those which require to be referred to him direct, and to the Council of Ministers those which fall within the category of the latter's duties. This Council will discuss the matter according to the special Council code, and will record their opinion, finding and decision.

31. The Ministers are responsible to the King jointly for the general policy of the Government and severally for the matters connected with their own Ministries.

32. When His Majesty gives verbal orders to a Minister or other official regarding any matter, such order should be taken down and the Sign Manual obtained on it.

33. If any Minister is brought to trial in connection with the duties of his appointment, such case will be referred to a special Court, and the proceedings of the trial will conform to the regulations of the relevant code, but the private cases of Ministers which do not concern their official position are referred to the Courts of Justice like the cases of other persons.

34. If the special Court accuses any Minister, such Minister will be suspended until the final result of his case or until his acquittal.

35. The list of Ministries and organisation of the departments and their duties are specified in the Fundamental Code of Organisations.

The Advisory Council of State (2) and Advisory
Committees.(2)

39. There is an Advisory Council of State in the capital and Advisory Committees at each headquarters of the provinces, districts of the first, second and third classes, and sub-divisions.

40. The Committees and Council of State consist of ex officio and elected members.

41. The ex officio members of the Committees are appointed from among the officials mentioned in the Fundamental Code of Organisations. The ex officio members of the Council of State are equal in number to the elected members, and are chosen and appointed direct by His Majesty. Elected members are in all cases nominated and appointed by the public. The mode of their election is governed by the separate rules laid down in the Fundamental Code of Organisations.

42. The following are the duties of the members of the Council of State and of the Committees, in addition to those indicated in the Fundamental Code of Organisations:

(a.) To submit to Government all proposals they may think necessary for the industrial, commercial, agricultural and educational progress of the country.

(b.) With regard to the revenue, State taxes and other matters of Government, if they notice anything contrary to the principles of the codes, they can request and ask the Government to correct such defects.

(c.) If they notice any encroachment on or infringement of the rights of the public granted in this code, they are entitled to report the matter to the Government.

Courts.

50. In the Courts of Justice every kind of judicial procedure is publicly carried out. Some matters which are mentioned in the special code for Courts can be transacted secretly by the judges.

51. Any person can propose to the Courts all lawful measures for the protection of his rights.

52. The Courts of Justice cannot delay or prolong the hearing and decision of cases which concern them.

53. All Courts are free from any kind of undue influence. 54. The classes and ranks of Courts and their competence are given in detail in the Fundamental Code of Organisations.

55. No one can appoint an Extraordinary Court outside the Courts of Justice for the settlement of any special dispute.

(2) Translator's note.-The same word is used in the Persian, but is translated differently in order to distinguish between the Central Council" and the provincial "Committees."

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Financial Matters.

58. All Government taxes are collected according to the rules specially prescribed in this regard.

59. A budget of Government revenue and expenditure is prepared annually. This budget forms the basis for all revenue and expenditure, and all revenue is collected and all expenditure disbursed according to it.

60. After scrutiny and passing of the annual budget, a final statement of accounts will be prepared, in which exact figures of the revenue and expenditure of the year are shown.

61. An Audit Office is constituted to examine and ascertain whether the budget code has been followed with regard to revenue and expenditure. There is a separate code dealing with the procedure of the Audit Office.

62. There is a special code for the preparation of final statements of accounts and of the budget, and for the procedure in scrutinising and passing it.

Miscellaneous Articles.

68. Primary education is compulsory for and incumbent upon every Afghan subject. The classification and co-ordination of education are specified in a special code, which is to be followed.

TREATY between the Exalted Governments of Afghanistan and Persia.-Tehran, June 22, 1921.

[Ratifications exchanged at Kabul, September 7, 1923.]

(Translation.)

In the name of Allah, the Compassionate, the Merciful! There is no God but Allah, Mahommed is his Prophet! Hold fast by the rope of Allah all together and be not disunited! WHEREAS Islamic unity, the ties of race and the bond of good and neighbourly relations between the two States required that friendly intercourse should be consolidated by the conclusion of a Treaty; therefore, in order to carry out this holy purpose, His Majesty the Shah of Persia appointed his Excellency Hajji Mohtashem-es-Sultaneh, the Minister for Foreign Affairs, and His Majesty the Ameer of Afghanistan appointed his Excellency Sardar Abdul Aziz Khan, his Minister Plenipotentiary and accredited Envoy, as their authorised agents, who, after exchange of their official credentials, concluded the following Articles :

ART. I. From this day henceforth, sincere friendship and good relations will be established between Persia and Afghanistan and the subjects of the two Governments.

II. The Ambassadors, Ministers Plenipotentiary, Chargés (d'Affaires) and officers of the High Contracting Parties at the Court of the other will enjoy all the rights and privileges which are ordained and customary according to international law and usage.

III. The subjects of the two Contracting Governments, whether residing or travelling (in the other's country) will be respected and wholly under the protection of the officials of their own Governments.

IV. The subjects of the two Contracting Governments, whether residing or travelling in the territory of the other, will be subject to the laws of such territory. Civil and criminal cases will be heard and decided by the local judicial Courts of Persia and Afghanistan.

Diplomatic and Consular Officers of the High Contracting Parties will have no right of interference in civil and criminal cases in each other's territory, and the internal Courts of the country in which they are staying will be those to which all claims must be referred by the subjects of either Government.

V. The two High Contracting Parties will have the right to appoint Consuls-General, Consuls, Vice-Consuls and Consular Agents in the important towns and trading centres of each other's country; but the said officials will not enter upon the duties of their appointments until after the exequaturs of their commissions have been issued according to the custom of the country in which they are staying.

VI. The subjects of either Government staying in the territory of the other will be exempt from military service and all other duties incumbent only on subjects of the country.

VII. If a subject of either of the two Contracting Governments commits a crime and absconds to the territory of the other, the officers of his Government will have the right to demand, through diplomatic channels, his extradition, and the local authorities will not fail to give assistance in the matter. Political offenders, however, will be excepted from this arrangement.

VIII. In order to strengthen friendly relations and to establish trade connections, the two Contracting Parties will, at the first opportunity, conclude such Agreements and Conventions as may be necessary in regard to trade relations, Customs duties, postal and telegraphic exchanges, which will come into force after signature and ratification.

IX. The outbreak of war between one of the Contracting Parties and a third State will not operate to cause a rupture of the friendly relations of the two parties. The other party B 1

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will be bound, according to the rules of neutrality, to avoid giving facilities to the enemy.

X. The Contracting Parties, in order to manifest the friendship and trust existing between the Imperial Government of Persia and the Kingdom of Afghanistan, have decided that all important difficulties and disputes, which they may not be able to settle satisfactorily by negotiation, should be referred to arbitration according to international law and custom. The Contracting Parties engage to carry out the award with all sincerity.

XI. This Treaty will be drawn up in duplicate in the Persian language.

XII. The representatives of the two Contracting Parties undertake that within three months of the signature of this Treaty, or, if possible, at an earlier date, all documents necessary for its ratification will be exchanged at Tehran or Kabul. The representatives of the two Contracting Parties have accordingly affixed their signatures and seals to this Treaty.

Dated at Tehran, the 15th Shanwal, 1339, corresponding to the 1st Saratan, 1300 (Shamsi).

Signature ofMOHTASHEM-ES-SULTANEH, Minister for Foreign Affairs of the Exalted Government of Persia.

Signature of
ABDUL AZIZ,

Envoy of the Exalted Government of Afghanistan.

Supplementary Articles.

ART. I. The meaning of the sentence in Article III of this Treaty, viz., "The subjects of the two Contracting Governments, whether residing or travelling (in the other's country) will be respected and wholly under the protection of the officials of their own Governments," is that the officials of either Government can, within the scope of the laws of the country in which they reside, refer to the officials of that country, for the arrangement of facilities for their subjects.

II. The tribes and nomads who have previously emigrated from Afghanistan to Persia (including Barbaris, &c.) will remain Persian subjects as before. The Barbaris who intend to travel to Afghanistan shall not be allowed to enter Afghan territory unless their passports have been visé by the Afghan officials residing in Persia. The frontier tribes, who have their summer quarters in one country and their winter quarters in the other, will be treated as Persian subjects during their stay in Persia, and as Afghan subjects during their stay in Afghanistan. Persons who have come from Afghanistan and settled in Persia previously to the establishment of an Afghan Legation in Tehran will remain Persian subjects as before. Merchants, who have come to Persia

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