PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 16, 2019 No. 460

About nation-wide automated information system

(Extraction)

For the purpose of realization of the rights of the organizations, notaries and citizens on receipt of complete, reliable and timely information electronically from the state information resources (systems), and also enhancement of procedure for electronic information exchange with participation of state bodies, including courts, and state organizations (further, unless otherwise specified, - the state organizations):

1. Determine that the nation-wide automated information system (further - OAIS) is intended for ensuring effective electronic information exchange in the automatic and (or) automated modes of the state organizations among themselves, and also with other organizations, notaries and citizens by means of the protected information and communication infrastructure.

Use of OAIS is obligatory according to the procedure and the cases determined by legal acts and resolutions of Council of Ministers of the Republic of Belarus.

Operation of this Decree does not extend to payment system of the Republic of Belarus, information systems of subjects of bank legal relationship and JSC Development Bank Republic of Belarus in which transfer of electronic payment documents is performed.

2. Electronic information exchange of subjects of bank legal relationship and JSC Development Bank Republic of Belarus by means of the information resources (systems) belonging to them can be performed without use of OAIS.

Provision by the state organizations to subjects of bank legal relationship and JSC Development Bank Republic of Belarus of information in electronic form containing in their state information resources (systems) is performed by means of OAIS if other is not provided by legal acts.

Subjects of bank legal relationship and JSC Development Bank Republic of Belarus provide to the state organizations, other organizations, notaries and citizens information containing in their information resources (systems) with use of these resources (systems) and (or) by means of OAIS.

3. The drafts of legal acts and resolutions of Council of Ministers of the Republic of Belarus providing creation (upgrade) of the state information resources (systems) are subject to approval of Operational analytical center in case of the President of the Republic of Belarus and the Ministry of Communications and Informatization regarding integration of these resources (systems) with OAIS.

4. Approve Regulations on nation-wide automated information system it (is applied).

5. Employees of the state organizations, notaries when obtaining by means of OAIS of information from information resources (systems) for realization assigned to the state organizations, notaries of functions have the right to print on paper and to use such information on condition of assurance of date and method of its obtaining.

Authorized workers of information intermediaries in case of receipt by means of OAIS of information from information resources (systems) for users of information have the right to print on paper such information with assurance of date and method of its obtaining.

Users of information have the right to use information certified on paper for realization of the stipulated by the legislation rights, legitimate interests, accomplishment of obligations in the relations with the third parties which by provision by the user assured by the specified method of information have no right to refuse its acceptance.

The procedure for assurance by employees of the state organizations and information intermediaries, notaries on paper of information obtained from information resources (systems) by means of OAIS is determined by Council of Ministers of the Republic of Belarus.

6. Provision of JSC Non-bank Credit and Financial Organization ERIP of information * to the operator to OAIS, the state organizations, other organizations, owners and (or) operators of the state information resources (systems) integrated with OAIS, notaries is not violation of the bank and (or) protected by the law other secret.

Transfer by the operator of OAIS of information specified in part one of this Item, to the state organizations, other organizations, owners and (or) operators of the state information resources (systems) integrated with OAIS to notaries is not violation of the bank and (or) protected by the law other secret.

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* About making by means of automated information system of single settlement and information space of the payment levied when implementing ministerial procedures, and other payments for the services rendered by the state organizations, other organizations, notaries.

7. Owners (operators) of the state information resources (systems) shall provide to the operator of OAIS on a grant basis information containing in such information resources (systems), including personal data without the consent of physical persons, the data containing commercial, the professional, bank and protected by the law other secret which is necessary for effective rendering electronic services, implementation of ministerial procedures electronically, and also ensuring creation and functioning of personal electronic accounts * based on the single portal of electronic services. At the same time personal data processing is performed without the consent of physical persons:

the operator of OAIS by means of OAIS and other information resources (systems);

owners and (or) operators of the state information resources (systems) by means of OAIS.

The list of the data which are bank secrecy which have the right to be provided according to part one of this Item is determined by National Bank in coordination with Operational analytical center in case of the President of the Republic of Belarus.

Provision of information specified in part one of this Item is performed based on the agreement (agreement) on interaction signed by the operator of OAIS with the owner and (or) the operator of information resource (system) with observance of the requirements determined by the legislation on information, informatization and information protection.

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* For the purposes of this Decree the personal electronic account is understood as the web interface of access for the user to OAIS allowing to use its functionality according to the access level.

8. Determine that for the purposes of application of the Presidential decree of the Republic of Belarus of November 8, 2011 No. 515 "About some questions of development of information society in the Republic of Belarus":

the means received since January 1, 2012 RUP "NTsEU" from the republican budget on financing of expenses for rendering electronic services to state bodies, other organizations, notaries and citizens on a grant basis are recognized target financing and are not included non-operating incomes;

rendering since January 1, 2012 on a grant basis electronic services to state bodies, other organizations, notaries and citizens is not recognized for RUP "NTsEU" the taxation object the value added tax, and also realization and the taxation object the income tax. The costs and expenses connected with non-paid rendering such services in case of the taxation of profit are not considered.

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