AIBA licensing procedures are drawn from Articles 6 and 7 of Advocates’ Law and in pursuance to the Article (2) paragraph (5) of the AIBA By-Laws.

1. Entry requirements
2. Restrictions to practice law
3. What you need to bring with you
4. Application process for new advocates
5. Application process for renewing licenses
6. Third party submissions
7. Fee schedule
8. Note on membership fees

(1)     Shall be a citizen of Afghanistan;
(2)     Shall not have been convicted of a criminal offense;
(3)     Shall have a valid bachelor’s degree in Law or Sharia (Islamic Law); or a higher degree from Afghanistan or any other country according to the standards after confirmation of the Ministry of Higher Education.
(4)     Shall have successfully passed the stage course and obtained certification in accordance with the By-Laws of the Association. However, a person who has worked for three years as a professional member of the judiciary, prosecutor’s office or Ministry of Justice may be waived from this requirement.
(5)     A graduate from an official Madrassa (religious school) or its equivalent may practice as an advocate only when, in addition to fulfilment of paragraphs (1)(2) & (4) of this Article, he/she has completed three years of practical work under the supervision of a licensed advocate.

2.  Restrictions to Practicing Law, Article 7:

The following persons are not entitled to practice law as an advocate:

• Judges, prosecutors, military officers, police and national security officers,

civil servants and municipality’s employees, and members of the national assembly, as well as members of national, provincial and district councils, so long as they are employed as such. Lecturers of the Faculties of Law and Sharia (with the consent of the University) and legal aid providers are an exception to this provision.

• Any person convicted of a felony or expelled from official duty by a court’s order;
• Any person who has been prevented from practicing law by a court order.

3.  What you need to bring with you:

• New License Advocates must come prepared with 3 passport-sized photos for the license and the original tazkira card. New Advocates should come prepared with a minimum of 4500 Afs.
• Renewal License Advocates must come prepared with 2 passport-sized photos, and the original copy of the previous license. Renewal Advocates should come prepared with a minimum of 1550 Afs.

All Advocates should bring 3 photos (2x3) if they would like to get the ID card. Fees can range up to 8000 Afs, depending on required fees. Please see fee schedule below for a complete listing of costs.

4.  Application Process for New Licenses:

• The Advocate shall submit an application letter to the License Clerk, which states that the Advocate meets the eligibility requirements and wants to practice law as an advocate. The License Clerk will submit the application letter to the Executive Director for approval.
• The Advocate must fill the Confirmation Form and the Database Questionnaire.
• The completed Confirmation Form must be submitted back to the License Clerk.
• The Clerk will assess which fees are owed by the Advocate, and will issue a letter to the Finance Dept. The Finance Assistant will issue a deposit slip to the Advocate for processing at Kabul Bank. (Note that the fee schedule is attached.)
• The Advocate must take the deposit slip to the Bank and submit the required amount of money.
• The deposit receipt must be submitted to Finance for stamping and a copy of the stamped receipt given to the Clerk for filing.
• If the Advocate has been practicing for three or more years, there is no stage requirement and the license should be issued. (Skip to step 9.)
• If the Advocate does not have three years experience, the Advocate must submit proof of completion of an accredited stage program and/or must submit to an oral exam given by the Executive Board. If the Advocate has not completed the stage, they must confirm their willingness to attend when possible. When the Board is satisfied that the Advocate is qualified to receive the license, the Clerk will issue the license.
• The Advocate must submit two photos (3x4) and the original tazkira card for the license, and two passport photos (2x3) for the ID.
• The Advocate must swear an oath in front of the Executive Board.
• The license is issued for a period of one year; license numbers shall be permanently assigned. At the time of issuing the license, the Clerk should also give the Advocate information about how to get the AIBA uniform.
• The Advocate must sign a letter of inquiry regarding the obligation to pay taxes and confirming that he/she will comply.
• All licensed advocates are required to have an AIBA stamp. The Clerk will issue a letter of inquiry to the Government Publications Department, for approval by the Executive Director. The Advocate is responsible to get the stamp him/herself.

5.  Application Process for Renewing Licenses:

Advocates for license renewal are not required to complete the confirmation form, but must sign a commitment letter that says he/she will meet their tax obligation for the year. The steps are therefore as follows:

• Submit letter requesting license renewal to Clerk.
• Sign commitment letter regarding tax obligation.
• Clerk determines fees needed from Advocate.
• Finance issues deposit slip.
• Advocate deposits fees at the Bank, returns with deposit receipt for stamping. Original copy stays with finance, receipt copy submitted to Clerk.
• License form (2 copies) completed and signed by President and Executive Director.
• License is registered in registration book; info given on getting uniform.
• Letter of inquiry regarding stamp.
• ID card request, submission.

6.  Third Party Submissions:

A representative of the Advocate may submit the license documents to the AIBA on the Advocate’s behalf. The Advocate must write a letter explaining why it is not possible to obtain the license in person and stating the name of the person who will process the license for him/her. The Executive Director or President approves and the normal license process can proceed through the representative.

7.  Fee Schedule:
- License processing cost:   1000 Afs   (Required for new licenses and renewals)
- License fee:                       2500 Afs   (One time only at first registration)
- Membership fee:                2400 Afs   (Yearly dues. See note below.)
- Confirmation form              50 Afs        (Required)
- ID Card                              50 Afs        (Required)
- Chapan (Uniform)              1500 Afs    (Required, through local tailor)
- Record keeping booklets   300 Afs      (Minimum 3 Required)

8.  Note on Membership Fees:

The yearly membership fee can be paid in full at the time of registration or in installments as follows:

Monthly payments:        200 Afs/mo for 12 months
Quarterly payments:     600 Afs every 3 months
Bi-annual payments:     1200 Afs every 6 months
Yearly payments:          2400 Afs at time of registration/renewal

Should you have any questions or comments regarding fee collection, please refer to the President, Executive Director or Monitoring Board.

For questions regarding licensing, please contact the License Clerk at:
shahpoor_asad@yahoo.com