RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 18, 2023 No. 40

About procedure for test of accomplishment by the operator of telecommunication, service provider of telecommunication, owner of Internet resource of technical requirements

In pursuance of part two of item 4 of the Regulations on order of interaction of operators of telecommunication, No. approved by the Presidential decree of the Republic of Belarus of October 18, 2022 368, the Council of Ministers of the Republic of Belarus DECIDES: service providers of telecommunication and owners of Internet resources with the bodies performing operational search activities

1. Approve Regulations on procedure for test of accomplishment by the operator of telecommunication, the service provider of telecommunication, by the owner of Internet resource of technical requirements it (is applied).

2. This resolution becomes effective since January 22, 2023.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 18, 2023 No. 40

Regulations on procedure for test of accomplishment by the operator of telecommunication, service provider of telecommunication, owner of Internet resource of technical requirements

1. This Provision determines procedure for test of accomplishment by the operator of telecommunication, by the service provider of telecommunication, the owner of Internet resource of technical requirements to systems of technical means for ensuring investigation and search operations (further - SORM), to the databases, automated systems of operators of telecommunication, service providers of telecommunication, owners of Internet resources containing information on subscribers and other users of services of telecommunication, users of Internet services, users of Internet resources (further - users), the services of telecommunication, Internet services, services rendered with use of Internet resource and which are not telecommunication services, Internet services rendered to these users and also to other equipment and program technical means used for ensuring interaction of operators of telecommunication, service providers of telecommunication, owners of Internet resources with bodies performing operational search activities, authorized divisions of Operational analytical center in case of the President of the Republic of Belarus (further - OATs) and Committee for State Security (further - KGB) and access of these bodies (divisions) to the specified databases, automated systems (further - technical requirements).

2. For the purposes of this provision terms in the values determined in article 1 of the Law of the Republic of Belarus of July 19, 2005 No. 45-Z "About telecommunication", article 1 of the Law of the Republic of Belarus of July 17, 2008 No. 427-Z "About mass media" and Item 27 of the 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 are used (further - Regulations on interaction).

3. Information exchange of OATs, KGB, republican unitary enterprise for supervision of telecommunication of "BELGIE" (further - the state company "BELGIE") and operators of telecommunication, service providers of telecommunication, owners of Internet resources within this provision is performed according to Item 3 of the Regulations on interaction.

4. Accomplishment of telecommunication by the operator, service provider of telecommunication, the owner of Internet resource of technical requirements proves to be true by carrying out OATs and KGB of exit and cameral checks.

5. Check of fulfillment of technical requirements:

the operator of telecommunication - it is assigned not earlier than date of completion by this operator of telecommunication of the actions provided by the actions plan on implementation of SORM and organization of communication links between the operator of telecommunication and remote operations control rooms of SORM, including the actions provided in Item 11 of the Regulations on interaction;

the service provider of telecommunication, the owner of Internet resource - it is assigned not earlier than in three months from the date of receipt of telecommunication by the service provider, owner of Internet resource of the message of the state company "BELGIE" on need of accomplishment of the obligations provided in Item 20 of the Regulations on interaction.

In case of failures in work of SORM, databases, automated systems, other equipment and (or) program technical means, other violations of procedure for their functioning according to technical requirements which accomplishment was confirmed with authorized divisions of OATs and KGB in case of registration and signing of the act of input of SORM in operation or when conducting the previous check, and also in case of creation of new databases, automated systems what OATs or KGB knew of or it was reported by the operator of telecommunication, the service provider of telecommunication, the owner of Internet resource, new check of fulfillment of technical requirements according to the procedure, established by this Provision can be assigned.

6. The term of conducting check cannot exceed in the relation:

operators of telecommunication - 20 working days;

service providers of telecommunication, owners of Internet resources - 10 working days.

The terms specified in part one of this Item can be extended by the chief of OATs or the Chairman of KGB once no more than for 10 working days.

7. The decision on conducting check is made by the chief of OATs or the Chairman of KGB in the form of the order in which the name of the operator of telecommunication, the service provider of telecommunication, the owner of Internet resource, check type (exit or cameral), start date of check, the terms of its carrying out, questions which are subject to check are determined.

8. Exit inspection is carried out in the location of the operator of telecommunication, the service provider of telecommunication, the owner of Internet resource and (or) in the location of the data communication networks belonging to the operator of telecommunication, the service provider of telecommunication, the owner of Internet resource and (or) used by them, means and constructions of telecommunication, other rooms (constructions) and objects, server, telecommunication or other hardware and (or) program technical means.

9. In case of decision making about conducting exit check the order of the chief of OATs or the Chairman of KGB specified in Item 7 of this provision assigns the commission for conducting check (further - the commission), its members, including the commission chairman are determined.

For conducting exit check:

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