PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of October 18, 2022 No. 368

About interaction of operators of telecommunication, service providers of telecommunication and owners of Internet resources with the bodies performing operational search activities

According to article 79 of the Constitution of the Republic of Belarus and for the purpose of enhancement of forms and methods of warning, identification, suppression and investigation of crimes, I decide improvement of quality of operational search activities:

1. Approve Regulations on order of interaction of operators of telecommunication, service providers of telecommunication and owners of Internet resources with the bodies performing operational search activities (further - the Provision) it (is applied).

2. Determine that:

2.1. service providers of telecommunication and owners of Internet resources * for interaction with the bodies performing operational search activities, determined in this Decree shall use information system of electronic interaction of service providers of telecommunication, owners of the Internet resources and bodies performing operational search activities (further - information system). Along with information system use of other forms of information exchange of specified persons determined in the Provision is allowed;

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* Service providers of telecommunication, owners of Internet resources are determined according to the Provision.

2.2. designing, creation and program and technical support, including upgrade of the software, information system are performed by the republican unitary enterprise "Center of Digital Development".

Financing of the works specified in part one of this subitem is performed at the expense of means of the republican unitary enterprise for supervision of telecommunication of "BELGIE" and other sources which are not prohibited by the legislation;

2.3. the owner and the operator of information system is the republican unitary enterprise for supervision of telecommunication of "BELGIE" which provides:

functioning of information system according to the procedure, determined by Council of Ministers of the Republic of Belarus;

the round-the-clock open entry to information system of the bodies performing operational search activities, determined in this Decree, service providers of telecommunication and owners of Internet resources on a grant basis.

3. No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" to add Item 23 of the Presidential decree of the Republic of Belarus of October 16, 2009 with the paragraph of the following content:

"checks of accomplishment by operators of telecommunication, service providers of telecommunication and owners of Internet resources of technical requirements to systems of technical means for ensuring investigation and search operations, to the databases, automated systems of operators of telecommunication, service providers of telecommunication and owners of Internet resources containing information on subscribers and other users of services of telecommunication, users of Internet services, users of the Internet resources rendered to these subscribers, users telecommunication services, Internet services, services rendered with use of Internet resource and which are not telecommunication services, Internet services and also to other equipment and program technical means used for ensuring interaction of operators of telecommunication, service providers of telecommunication and owners of Internet resources with the bodies performing operational search activities (their authorized divisions) and access of these bodies (divisions) to the specified databases, automated systems.".

4. Recognize invalid:

The presidential decree of the Republic of Belarus of March 3, 2010 No. 129 "About approval of the Regulations on order of interaction of operators of telecommunication with the bodies performing operational search activities";

subitem 1.18 of Item 1 of the Presidential decree of the Republic of Belarus of June 21, 2012 No. 284 "About modification and amendments in some presidential decrees of the Republic of Belarus".

5. To Council of Ministers of the Republic of Belarus together with Operational analytical center in case of the President of the Republic of Belarus in three-months time to take measures for implementation of this Decree.

6. This Decree becomes effective in the following procedure:

Items 1, 3 and 4 - in three months after official publication of this Decree;

subitem 2.1 of Item 2 - in six months after official publication of this Decree;

other provisions of this Decree - after its official publication.

Approved by the Presidential decree of the Republic of Belarus of October 18, 2022 No. 368

Regulations on order of interaction of operators of telecommunication, service providers of telecommunication and owners of Internet resources with the bodies performing operational search activities

Chapter 1. General provisions

1. This Provision determines order of interaction of operators of telecommunication, service providers of telecommunication and owners of Internet resources with the bodies performing operational search activities (further - authorized bodies).

2. The operational analytical center in case of the President of the Republic of Belarus (further - OATs) and Committee for State Security (further - KGB) is determined by the structural divisions performing direct interaction (further - authorized divisions):

with operators of telecommunication - concerning creation, implementation and operation of systems of technical means for ensuring investigation and search operations (further - SORM) on the networks of telecommunication, provision of access to databases, automated systems of operators of telecommunication, information on subscribers and other users of services of telecommunication, users of Internet services, users of Internet resources (further, unless otherwise specified, - users) rendered to these users services of telecommunication, Internet services and also to other information necessary for accomplishment of the tasks assigned to authorized bodies;

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