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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of May 31, 2022 No. 287

About questions of the organization of the State system of identification of communication devices and identification of mobile communication devices, and also the devices used for data transmission

For the purpose of implementation of article 9-1 of the Law of the Kyrgyz Republic "About electric and mail service", according to article 15 of the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", being guided by articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve the Procedure for the organization of the State system of identification of communication devices and identification of mobile communication devices, and also the devices used for data transmission according to appendix.

2. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on licensing of activities in the field of electric and mail service" of December 31, 2019 No. 746 the following changes:

in Regulations on the licensing of activities in the field of electric and mail service approved by the above-stated resolution:

- Item 1 after words "data transmission, mail service" to add with words ", and in the field of identification, authenticities of the international unique identification code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic";

- in Item 2 of the word "and mail service" shall be replaced with words ", mail service and identification, authenticity of the international unique identification code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic";

- to add the subitem 1 of Item 3 with the paragraph the fifth the following content:

"-in the field of identification, authenticity of the international unique identification code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic;";

- Item 6 after words of "mail service" to add with words ", in the field of identification, authenticities of the international unique identification code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic";

- the paragraph one of Item 10 after words of "mail service" to add with words ", in the field of identification, authenticity of the international unique identification code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic";

- add with Chapter 13-1 of the following content:

"Chapter 13-1. Licensed requirements in the field of identification, authenticities of the international unique identification code of the mobile communication devices, and also devices used for data transmission operating and imported on the territory of the Kyrgyz Republic

41-1. The authenticities of the international unique identification code operating, the devices imported, and made in the territory of the Kyrgyz Republic, and also devices used for data transmission only the legal entity registered in the territory of the Kyrgyz Republic can be the licensee in the field of identification.

41-2. The licensee shall have the software of own development providing proper determination as the communication device identifier at least of one of listed: The international identifier of the terminal of mobile communication (IMEI), the international identifier of the mobile subscriber (IMSI) or the international ISDN number of the terminal of mobile communication (MSISDN) and providing centralized registration of communication devices, and also the devices intended for data transmission. The licensee shall be the owner of the source code of the specified software on the bases determined by the legislation of the Kyrgyz Republic and also confirm possibility of provision of data by means of receipt of right of access at the associated member of GSMA.

41-3. Availability in staff of the Licensee at least 3 (three) workers with whom employment contracts are signed, having the higher technical education, the confirmed working life in the field of identification is obligatory, for authenticity of the international unique identification code of communication devices, and also devices intended for data transmission, at least three years.

41-4. The licensee shall:

- keep the database identifiable acting, imported on the territory of the Kyrgyz Republic and transit devices, and also the devices intended for data transmission and to provide storage of the database, for the entire period of implementation of the activities;

- in case of detection in the database of two and more devices with identical identification codes to notify on it the law enforcement agencies performing operational search activities;

- in case of the termination of activities or the termination or cancellation of the license to provide data transmission, stored in the database, in full to the Licensor;

- provide to the authorized state bodies performing operational search, counterintelligence activities in communication networks, information from the database the identified international unique identification codes of the devices operating and imported on the territory of the Kyrgyz Republic, and also devices intended for data transmission, and also other information necessary for accomplishment of the tasks assigned to these bodies, to provide to them organizational and program technical capabilities of conducting investigation and search operations, access to databases and the automated systems in the cases established by the legislation of the Kyrgyz Republic;

- provide to customs and tax authorities data on the price of the manufacturing plant based on data of GSMA association, the country of the manufacturer of devices, the name and model of the device.

41-5. The software of the Licensee shall determine authenticity of the registered communication device based on identification code and/or the specification of the communication device regarding identification of counterfeit products, to synchronize data with customs authority on means of the software, and also to be connected to tax authorities, for provision of the price of the manufacturing plant based on the data of GSMA association imported or the made devices.

41-6. The software of the Licensee shall provide registration and storage in the database of the international unique identification codes of the communication devices operating and imported on the territory of the Kyrgyz Republic, and also devices intended for data transmission with possibility of entering of identification codes into "White", "Black", "Grey" lists.

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