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Title

Supreme Council for Cyberspace By-laws

Other name None
Date of initial filing July 1, 2012
Presenter Supreme Council for Cyberspace (SCC)
Date of update None
Description

On July 1, 2012, during the tenure of Mehdi Akhavan Behabadi as the Secretary to the SCC, the body’s by-laws were approved which determines the conditions for the appointment and activities of the members of the SCC, based on the following:

The Secretary of the Council (Head of the National Center for Cyberspace) is appointed by a Presidential Decree, upon the recommendation of the Council’s Chairman (President) and with the absolute majority vote of the Council’s members, and after the Supreme Leader’s approval. The process for dismissal is the same, with a members’ vote, sending the result to the Council’s Chairman for approval, and the Supreme Leader’s agreement. During this time, the Council’s Chairman also appoints a temporary replacement for the Secretary for a three-month period.

The Head of the National Center for Cyberspace (NCC) is also the Secretary of the SCC. 

Annual and five-year plans for the implementation of the Council’s duties, according to upper-level documents, are prepared by the Secretary and approved by the Council.

In the absence of the Council’s Chairman (President), the Heads of other branches of government are responsible for presiding over the meetings. The meeting is official with the presence of an absolute majority of the members.

The period for holding Council meetings is once every four weeks. Extraordinary meetings can be held at the request of the Council’s Chairman or with the request of one-third of the members.

The duties of the Council’s Chairman include issuing decrees for the appointment and dismissal of the Secretary, presiding over and conducting meetings, convening extraordinary meetings, reviewing the Council’s decisions before submission to the Supreme Leader, and approving the meeting’s agenda.

Written, electronic, audio, and video documents and records presented at the Council meetings and the minutes of the meetings are classified as confidential, and the Secretary is their authority. Members can access these documents while maintaining their confidentiality. All meetings are recorded and archived in the Secretary’s office.

The summary and minutes of the meeting are sent to the members with a classification after one week of the meeting (some decisions may not be sent to members upon approval by the Council).

To approve a proposal, the number of affirmative votes must not be less than seven.

After the approval of the Council’s Chairman, the decisions of the Council are sent to the Supreme Leader by the Secretary and then announced to the relevant agencies and individuals. Based on the Secretary’s decision, the decisions that require public release are published in the official newspaper.

In case of the unjustifiable absence of any member (three consecutive sessions or five non-consecutive sessions), the matter is reported to the Supreme Leader for a decision to be made.

The Council’s agenda is determined based on the Council’s approved plans and the suggestions of each member. The relevant individuals and agencies send their proposals to the Secretary in this regard. The Secretary is responsible for preparing the agenda, and the Chairman approves it for the Council members to review. If the majority of the present members approve, a subject can be excluded from the agenda.

Experts and senior managers of the agencies may attend the session without voting rights, depending on the subject of the meeting and the Secretary’s discretion.

Proposals that are raised with a written proposal from at least three members and are approved by the majority of the present members are eligible to be discussed urgently in the Council’s meeting, provided that they are reviewed in the specialized working group and at most two sessions before the Council’s meeting. A proposal raised with a written proposal from at least five members and approved by at least two-thirds of the present members is eligible to be discussed in the same session. (Supporters and opponents have ten and five minutes, respectively, to defend the urgency of a proposal).

It is possible to speak before the agenda. (Each person has three minutes, and a total of ten minutes). The names of the speakers must have been requested earlier, and the Chairman must agree.

After the subject is raised in each meeting, a maximum of two opponents and two supporters can speak for a maximum of five minutes. Then, a vote is taken on the subject. For a detailed examination of a subject, one supporter and one opponent (each for a maximum of two minutes) can express their opinions. (Continuation of the discussion is possible if approved by the Chairman). If the supporters or opponents are equal, the Chairman’s vote is decisive.

The Council can have subordinate specialized councils (after approval by the main council).

The council secretary is also the Council spokesperson and communicates the decisions to the public using standard classifications.

Voting for the selection of individuals takes place through the system. In each session and before each vote, the Secretary announces the number of attendees, and if the quorum is met, the vote is taken.

The interpretation of these decisions is the responsibility of the council.

Effects
Opponents
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Sources

https://qavanin.ir/Law/PrintText/190406