The Administrative Court of Justice Ensures Public Free Access to the Information Related to Foreign Investment

Nouraei & Mostafavi Law Offices – March 15, 2023- Tehran- By revoking a part of Article 36 of the Implementing Regulations of the Foreign Investment Promotion and Protection Act (F.I.P.P.A.), the Administrative Court of Justice has ruled that the information related to foreign investment should be made available to the public without unlawful conditions. This verdict was published in the Official Gazette number 22713 dated 18/12/1401(March 14, 2023).

Based on Article 173 of the Constitution of Iran, the Administrative Court of Justice deals with complaints regarding certain government decisions and regulations that are against the law.

According to the decree 140109970905812422 dated 29/9/1401 (December 20, 2022) of the Court, the plaintiff has stated: “the Council of Ministers has stipulated in Article 36 of the Implementing Regulations of the Foreign Investment Promotion and Protection Act that the related Organization’s responsibility for the public dissemination of information, subject of Article 21 of the Act, is limited to the information which is only in conformity with the prevailing business practice, and it is also the Board of Foreign Investment’s responsibility to determine which information can be made public. Annulment of this article of the regulation is requested because it conflicts with: Article 21 of the Foreign Investment Promotion and Protection Act approved by the Expediency Council of 1380 (2002), Article 5 of the Law on the Free Dissemination and Access to Information approved in 1388 ( ), Article 11 of the same law where the public institutions are obliged to provide the information referred to in this law in the shortest possible time and make it available to the public without discrimination, and as well clauses 18 and 19 of the General Policies of the Resistance Economy of 1392 ( )”.

After the hearing, the court issued its ruling as follows:

The vote of the general board of the court

1. According to Article 21 of the Foreign Investment Promotion and Protection Act approved on 19/12/1380 (March 10, 2002): “The Organization (the Organization for Investment, Economic and Technical Assistance of Iran= O.I.E.T.A.I.) is required to ensure the access of the general public to all information related to investment, foreign investors, investment opportunities, Iranian partners, fields of activity and other information available to the Organization’.

According to the mentioned legal ruling, the Organization for Investment, Economic and Technical Assistance of Iran is not obliged to provide all its information and activities, and it is only required to give that part of information and activities related to investment matters. Therefore, the ruling in the first part of Article 36 of the Implementing Regulations of the Foreign Investment Promotion and Protection Act approved by the Council of Ministers in 1381 (2003 ) that states: “the responsibility of the Organization in relation to the general publication of information pursuant to Article (21) of F.I.P.P.A., is limited to the information that is publishable under business practice…” is not against the law or beyond the scope of authority and, therefore, was not invalidated.

1. According to Article 21 of the Foreign Investment Promotion and Protection Act, approved on 19/12/1380 (March 10, 2002): “The Organization is required to ensure the access of the general public to all information related to investment, foreign investors, investment opportunities, Iranian partners, fields of activity and other information available to the Organization’. Since in the second part of Article 36 of the Implementing Regulations of the Foreign Investment Promotion and Protection Act, it is stipulated that: “… the Board is vested with the authority to determine whether the information is publishable or not.’ , and since such a ruling has restricted the ruling stated in Article 21 of the Act, therefore, the above-mentioned part of Article 36 of the Implementing Regulations of the Foreign Investment Promotion and Protection Act approved by the Council of Ministers in the year 1381 (2003 ) is against the law and beyond the scope of authority, and under Paragraph 1 of Article 12 and Article 88 of the Law on Organization and Procedures of the Administrative Court of Justice, approved in 1392 (2013 ) is revoked”.

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