DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of December 5, 2018 No. 96

About requirements to creation, development and functioning of cross-border space of trust

For the purpose of realization of Item 18 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014) Council of the Eurasian economic commission solved:

1. Approve enclosed:

Regulations on the commission on check of components of general infrastructure of documentation of information in electronic form on compliance to requirements to creation, development and functioning of cross-border space of trust;

Requirements to creation, development and functioning of cross-border space of trust;

2. Ask the governments of state members of the Eurasian Economic Union in a month from the date of the introduction of this Decision in force to present to the Eurasian economic commission candidacies at the level of deputy managers of authorized bodies and the organizations (or chiefs of the relevant independent divisions or their deputies) for inclusion in structure of the commission on check of components of general infrastructure of documentation of information in electronic form for compliance to requirements to creation, development and functioning of cross-border space of trust.

3. This Decision becomes effective after 30 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission: From the Republic of Armenia

M. Grigoryan

From the Republic of Belarus

I. Petrishenko

From the Republic of Kazakhstan

A. Mamin

From the Kyrgyz Republic

Zh. Razakov

From the Russian Federation

A. Siluanov

Approved by the Decision of Council of the Eurasian economic commission of December 5, 2018 No. 96

Regulations on the commission on check of components of general infrastructure of documentation of information in electronic form on compliance to requirements to creation, development and functioning of cross-border space of trust

1. The commission on check of components of general infrastructure of documentation of information in electronic form on compliance to requirements to creation, development and functioning of cross-border space of trust (further - the interstate commission) is created according to Item 18 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014).

2. The concepts applied in this Provision are used in the values determined by the Requirements to creation, development and functioning of cross-border space of trust approved by the Decision of Council of the Eurasian economic commission of December 5, 2018 No. 96 (further - Requirements).

3. The interstate commission officials of the Eurasian economic commission (further - the Commission) and representatives of authorized bodies of state members of the Eurasian Economic Union (further respectively - authorized bodies, state members) are included within whose competence questions of creation of national segments of state members of the integrated information system of the Eurasian Economic Union, information security support and the legal importance of the electronic documents used within cross-border electronic document management taking into account equal representation of state members are.

4. The structure of the interstate commission affirms the order of Council of the Commission.

5. The chairman of the interstate commission is the member of Board of the Commission within whose competence questions of informatization and information and communication technologies are.

The chairman of the interstate commission performs the common directorship of work of the interstate commission.

6. According to the decision of the interstate commission in its structure subcommittees, and also working and task forces can be created.

7. Decisions of the interstate commission are made by consensus.

8. The procedure for holding meetings of the interstate commission, forming of subcommittees, working and task forces, involvement of experts, adoptions by the interstate commission of decisions and their registration, and also the document form accepted by the interstate commission are established by the regulations of work of the interstate commission determined by the Commission.

9. The interstate commission performs the following basic functions:

a) according to offers of authorized bodies and the Commission creates and approves the schedule of conducting checks state and integration components of general infrastructure of documentation of information in electronic form on compliance to Requirements;

b) develops and submits for review of the Commission by Board methodical documents on conducting checks on compliance to Requirements of the elements which are part state and integration components of general infrastructure of documentation of information in electronic form, and also measures and methods of ensuring information protection realized by operators of general infrastructure of documentation of information in electronic form concerning such elements (further - checks);

c) carries out based on statements of authorized bodies and the Commission of check in compliance by Item 11 of this Provision;

d) prepares the conclusion about need of inclusion of data on the elements which are part state and integration components of general infrastructure of documentation of information in electronic form, including the information about operators of such elements in the list of elements of general infrastructure of documentation of information in electronic form approved by the Commission (further - the list);

e) evaluates the list regarding compliance to appendix No. 1 to Requirements, including sufficiency of the data included in the list for implementation of interstate data exchange and electronic documents of public authorities of state members among themselves and with the Commission.

10. Are performed according to the procedure and terms which are determined by regulations of work of the interstate commission.

11. Check is carried out consistently in 2 stages:

The I stage - the assessment of conformity of the element which is part of the state or integration component of general infrastructure of documentation of information in electronic form to Requirements, performed based on the data provided by authorized body or the Commission as a part of the statement for inclusion of such element in the list (further - the statement);

The II stage - preparation of the conclusion about need of inclusion in the list of the element which is part of the state or integration component of general infrastructure of documentation of information in electronic form.

12. The procedure for submission of statements and structure of the data specified in it are determined by the interstate commission.

13. In case of detection of mismatch of the data provided as a part of the statement or their incompleteness the interstate commission sends the relevant act to authorized body or the Commission.

By results of consideration of the act the authorized body or the Commission represents the corresponding data to the interstate commission or withdraws the application.

14. The interstate commission prepares the conclusions about need of exception of the list of the elements which are part state or integration the components of general infrastructure of documentation of information in electronic form, based on petitions submitting applications of authorized bodies or the Commission.

15. The conclusions about need of inclusion in the list of the elements which are part state or integration components of general infrastructure of documentation of information in electronic form or their exceptions of the list are signed by the chairman of the interstate commission and go to the Commission.

16. In case of detection of mismatch of the list to appendix No. 1 to Requirements, including insufficiency of the data included in the list for implementation of interstate data exchange and electronic documents of public authorities of state members among themselves and with the Commission, the interstate commission notifies on it authorized bodies or the Commission and requests missing data.

17. In case of the termination of powers of the operator of the element which is part of the state or integration component of general infrastructure of documentation of information in electronic form and included in the list, or identifications of fundamental breach of Requirements and (or) legislations of state member the authorized body or the Commission which submitted the application concerning such element send the petition for exception of this element of the list to the interstate commission.

Approved by the Decision of Council of the Eurasian economic commission of December 5, 2018 No. 96

Requirements to creation, development and functioning of cross-border space of trust

I. General provisions

1. These Requirements are developed according to Item 18 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014) and establish requirements to creation, development and functioning of cross-border space of trust within the Eurasian Economic Union (further - the Union).

2. The purpose of these Requirements is providing the mutually acceptable trust level in case of interstate data exchange and electronic documents of public authorities of state members of the Union (further - state members) among themselves and with the Eurasian economic commission (further - the Commission), and also security and reliability of functioning of cross-border space of trust as a result of application by subjects of electronic interaction within the Union of these requirements.

3. Requirements to elements of cross-border space of trust establish legal, organizational and specifications of providing trust in case of interstate data exchange and electronic documents, including cover questions of information protection.

4. Requirements to elements of cross-border space of trust are determined according to safety hazards of information and actions of the violator, urgent for such elements.

5. These Requirements do not extend to any services, elements and components which are used only for the purposes of interstate data exchange and electronic documents.

6. For the purposes of these Requirements concepts which mean the following are used:

"the cryptographic standard" - set of the technical specifications establishing rules and algorithms of information transform with use of cryptographic key (cryptographic conversion) including forming and verifications of the EDS;

"the interstate commission" - the commission created from representatives of authorized bodies and the Commission, which is carrying out check of components of general infrastructure of documentation of information in electronic form on compliance to these Requirements;

"general infrastructure of documentation of information in electronic form" - set of the information and technological and organization-legal actions, rules and decisions realized for the purpose of giving of legal force to the electronic documents used within the Union;

"operators of general infrastructure of documentation of information in electronic form" - the Commissions and authorized bodies or the organizations determined by them according to the legislation of state members providing services and performing functions within cross-border space of trust according to these Requirements;

"check of element of general infrastructure of documentation of information in electronic form" - complex of actions as a result of which compliance to these Requirements of the element which is part of the state or integration component of general infrastructure of documentation of information in electronic form and also measures and methods of ensuring information protection realized by the operator of component of general infrastructure of documentation of information in electronic form concerning such element is documented;

"the certificate of key of verification of the EDS" - the electronic document published by certification center, signed by the EDS of certification center with use of key of the EDS and containing information confirming accessory of the key of verification of the EDS specified in the certificate to certain participant of exchange of electronic documents and other information provided by the corresponding cryptographic standards and these Requirements;

"service of the confidential third party" - set of the services of the confidential third party functioning as a part of the integration segment of the Commission and national segments of the integrated information system of the Union providing single cross-border space of trust of the EDS in case of electronic form of interaction of subjects with means of the integrated information system of the Union;

"means of the confidential third party" - program and (or) the hardware used for realization of functions of the confidential third party;

"means of certification center" - program and (or) the hardware used for realization of functions of certification center;

"means of the EDS" - the cryptographic means used for realization at least by one of the following functions: creation of the EDS, verification of the EDS, creation of key of the EDS and creation of key of verification of the EDS;

"certification center" - the authorized body or the organization providing according to acts of the Commission, the legislation of state member provision of services according to the edition, distribution, storage of certificates of keys of verification of the EDS and check of validity of these certificates;

"certification center of the Commission" - the certification center intended for ensuring verification of the EDS of members of Board of the Commission with certificates of keys, officials and the staff of the Commission;

"certification center of service of the confidential third party" - the certification center intended for ensuring verification of the EDS of the authorized confidential third parties with certificates of keys integration and national segments of the integrated information system of the Union;

"authorized body" - the public authority of state member or the organization determined by it given authority on realization of state policy in certain spheres;

"time stamp" - the detail of the electronic document certifying date and time of creation of the electronic document;

"the electronic digital signature (digital signature)", "EDS" - information in electronic form which is attached to other information in electronic form or is otherwise connected with such information serves for control of integrity and authenticity of this information, provides impossibility of failure from authorship, is developed by application concerning this information of cryptographic conversion with use of the closed (personal) key (EDS key) and checked with use of public key (key of verification of the EDS).

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