General Counsel was established in 2004 within the structure of Da Afghanistan Bank. This office has the responsibilities to provide necessary consultations and guidance as to laws and regulations of Da Afghanistan Bank including drafting, omitting or coordinating legislation of Da Afghanistan Bank or other enforceable laws of the country. The office is also liable to legal and legislative needs of the Central Bank, take part in the joint meetings with other government agencies and international organizations (when the meeting agenda include discussion on the legal issues and responsibilities of Da Afghanistan Bank).
General Counsel Office of Da Afghanistan Bank has the following units:
Corporate governance, chief drafting, financial institutions, investigation of the cases, senior counsel, Central Bank operations and office of the conservative
This section is engaged to make arrangements for holding the Supreme Council meetings, devises policies for corporate governance, provides legal consultations to government, non-government bodies and commercial banks in accordance with the laws, regulations and procedures of the Central Bank, arranges the meeting agenda for Supreme Council and submit it to the members of Supreme Council and monitors the conduct of official statements, notices and regulations at bank level.
This section is structured to develop and amend the legislation of Da Afghanistan Bank in line with international standards and recommendations of the World Bank and other national and international organizations. This section also collects the viewpoints of the offices of the Central Bank, concerning government, private and international organizations for amendment, make changes and additions to the laws and regulations of Da Afghanistan Bank as well as establish relation between Da Afghanistan Bank and the ministry of justice of Islamic republic of Afghanistan with regard to banking system laws and regulations.
This section provides advises and consultations in matters related to commercial banks, foreign exchange dealers and assignors, submits financial institutions’ laws and regulations to commercial banks, exchange views on legal areas of DAB’s international agreements, policies and statutes of the commercial banks.
Investigation of the Cases
This section investigates the reported cases of embezzlement, forgery and other crimes, collects law violation evidences committed by the leadership of an insolvent bank with the cooperation of attorney general office and submit it to judicial authorities, gather information on those staff members accused of falsification and/or violation of law; respond to the inquiry and official letters of the attorney general office.
This section is responsible to make good relations with the judiciary sector and other relevant authorities, provide appropriate legal consultations on banking, financial and economic contexts in line with enforced laws of the country to which Da Afghanistan Bank is somehow involved.
Central Bank Operations
This section reviews and verifies the agreements between the Central Bank and national and international companies, contributes in making executive plans and policies, conducts joint tasks with the other departments of the bank to ensure that no law and regulation is sent to concerning entities prior to endorsement, draft conservation executive policies, applies DAB laws and regulations and prevents anarchism in the banking sector.
Office of the Receivership
Conduct tasks related to receivership and clearing, searches and investigates the documents, evidences and performances of targeted commercial bank and in case of violations ensure whether their activities are in conformity with the banking law; proposes for abrogation of concerning banks’ license if the activities of the bank is violating the law, provides report on ongoing and future financial positions of relevant bank containing asset appraisal that comes as result of potential breakup of a bank, contributes in developing remedial plans and policies to revitalize the bank in accordance with the laws and regulations as well as provide proper legal advises aimed at rehabilitation of the bankrupted bank, conducts searches on bankrupted banks and legal violations made by high officials of concerning bank.