Afghanistan legal analysis, insights and news brought to you by Kakar Advocates.




On Sunday, February 26, Kawun Kakar spoke at a round table presentation sponsored by the Afghanistan Research Evaluation Unit, a well-known research organization that sponsors academic discourse on current political, economic and social issues in Afghanistan. Mr. Kakar was presenting his paper, entitled “Evolution of the Executive Branch in Afghanistan: A Look Back and Thoughts on the Way Forward.”

Mr. Kakar was assisted in the preparation of the paper by Tom Kraemer, Homayoun Raoofi, and other legal researchers at Kakar Advocates. Drawing on his vast experience as an advisor to numerous government organizations, Mr. Kakar presented an over view of the executive branch in various political systems, as well as a review of Afghanistan’s constitutional history since 1923. The paper, and the presentation, synthesized the viewpoints of a number of leading politicians, professors and constitutional scholars on the performance of the executive branch since the adoption of the present constitution in 2004. A number of suggestions were discussed, including holding parliamentary and local elections to enable the convening of a constitutional loya Jirga, ending the practice of parliament issuing no confidence votes against individual ministers, amending the vice presidential structure, and vesting more authority in local government.

There were approximately 25 people in attendance at the round table, including government representatives, academics, researchers, and representatives of the United States Institute of Peace, as well as AREU staff. The presentation was followed by healthy debate on the effectiveness of the National Unity Government and steps for improving the performance of the government. The paper will be revised to reflect the commentary provided by the round table, and will be published by AREU in the near future.


Khalid Mohammadi, an attorney at Kakar Advocates LLC, was invited to judge the National Rounds of Phillip C. Jessup (the world’s largest Public International Law Moot Court Competition). In this Moot Court Competition, teams of up to five members argued before a panel of volunteer judges. The Jessup Competition is judged by distinguished volunteer attorneys, judges, defense lawyers and legal advisers from various institutions. Mr. Mohammadi judged three rounds which involved six teams out of 20 participating in this year’s Competition. Mr. Mohammadi, due to his commitment and continued support to the Competition, received a Letter of Appreciation from Ohio Northern University of USA, the sponsor of this year’s program.



The Afghanistan Independent Land Authority (AILA), together with USIP Afghanistan, held a workshop about the proposed Regulation on Land Dispute Resolution. The one-day workshop took place in the Kabul Star Hotel on 22nd February 2017, Kabul, Afghanistan. The purpose was to enrich the Regulation on land dispute Resolution. The CEO of AILA, Mr Jawad Peikar, said that more than 65% of the disputes in Afghanistan are related to land matters. That is why they are committed to creating a Regulation based on which the cases will be resolved before they go to the court. AILA is encouraging parties to work out their differences using traditional dispute resolution mechanisms (the local jirga or shura), since those local councils are trusted by the people, particularly in rural areas.In cases where parties are not satisfied by the judgment, then the cases can go to the court. In this way the work load of the courts will be reduced, and this regulation will contribute to a speedy process of land disputes resolutions.  ARAZI has held this workshop in Herat, Balkh, Nengarhar and finally in Kabul. After taking the suggestions from these provinces, they will be sharing them to their technical team, then to the High Council of Land and Water and after going through the process it will be published in the Official Gazette.

The workshop consisted three parts:
First, an introduction of Afghanistan Land Dispute Authority and their work in this regard so far. Second, an introduction of the Regulation on Land Dispute Resolution and third, group discussions to gather ideas and suggestion in regard to practicality and quality of the proposal. After the proposed regulation is passed, there should be a system where the uniquely Afghan Jirga and shura system works together with the modern court system to produce an effective system of justice.


The Afghanistan Ministry of Communications, Information and Technology is sponsoring the Afghan Cyber Security Bill, which has been introduced to Parliament for consideration. The draft bill has 30 articles and is styled as an addition to the Penal Code. Cyber Crime is defined in the proposed law as any criminal act that is encouraged by or includes the utilization of electronic communications. The law additionally recommends that there should be a specialized court to address cybercrimes, and requests an office be established under the Attorney General for matters of digital offenses with prosecutors prepared particularly to deal with these cases.

This bill represents Afghanistan’s first attempt to regulate the growing problem of criminal activity in the digital age. The draft law addresses issues such as illegal system access (hacking), password theft, Illegal blocking of the system, electronic deception, Cyber theft, Internet theft, cyber espionage, identity theft, cyber corruption, and Internet gambling. Kakar Advocates will be closely monitoring the progress of this ambitious legislation.



Kakar Advocates has successfully de-registered two aircraft and is assisting with the third one in the month of February. The complex process needs constant follow up and communication with the Afghan Civil Aviation Authority. Our attorneys make sure that you have all the required documents to obtain a de-registration certificate in a timely manner. The Afghan Civil Aviation Authority will require the following steps, among others, to issue a de-registration certificate to an applicant:

1. A formal request in writing giving details with regard to description of the aircraft, registration marks, make, model, serial number.
2. Proof that the registration marks have been removed from the aircraft.
3. Proof that the aircraft’s fireproof metal plate has been removed.
4. Returning the fireproof metal plate and the original certificate of registration to the ACAA.

Failure to follow all of the correct steps, in the correct order, will cause problems in the de-registration process.

Aviation law is a rapidly-growing field in Afghanistan as the country is in the process of implementing various aviation conventions to which Afghanistan is a party. Kakar Advocates has experience in many aspects of aviation and customs law.


Chambers & Partners, the well-known publisher of legal directories globally, has issued its Chambers Asia-Pacific 2017 guide. We are proud to announce that Kakar Advocates has been listed on the guide’s Afghanistan page as a Band 1 law firm.

Chambers & Partners reports as follows:

This standout firm provides a wide range of commercial services, including legislative, tax and labor advisory work for foreign contractors and insurance companies. The team works closely with offshore international counsel on both major projects and general corporate advisory matters.

Kawun Kakar [Managing Partner of the Firm] is a well-connected and internationally experienced lawyer, well regarded for advising defence contractors and development funds on regulatory aspects of their entry to the market. He maintains a notable tax practice, and is US-qualified.


All organizations doing business in Afghanistan must file their 2016 annual income tax returns no later than March 20, 2017. This filing is mandatory—even organizations that have non-profit status, are working under tax-exempt contracts, or had no business activity in 2016 must file an annual return by March 20 or face financial penalties and other potential enforcement action.

Companies should further be aware that Under the new Tax Administration Law, the tax authorities are now requiring even tax-exempt and inactive organizations to file quarterly Business Receipts Tax forms. If your organization did not file BRT forms in 2016, you may not be allowed to file your annual return until you file your BRT forms and pay the late fees. For more information about annual returns and other tax issues, contact