THE ORDER OF OPERATIONAL ANALYTICAL CENTER IN CASE OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

of January 18, 2023 No. 10

About assessment of conformity of opportunities of the license applicant to dolitsenzionny requirements, licensee to licensed requirements

Based on subitem 1.2 of Item 1 of article 12 of the Law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing" PRIKAZYVAYU:

1. Approve the Instruction about procedure for evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements when planning extension of the list of the works and (or) services constituting activities for technical and (or) cryptographic information security it (is applied).

2. Recognize invalid:

the order of Operational analytical center in case of the President of the Republic of Belarus of November 30, 2010 No. 86 "About approval of the Instruction about procedure for evaluating compliance of opportunities of the license applicant (licensee) to licensed requirements and conditions";

the order of Operational analytical center in case of the President of the Republic of Belarus of July 30, 2013 No. 51 "About some measures for implementation of the Presidential decree of the Republic of Belarus of April 16, 2013 No. 196";

subitem 2.2 of Item 2 of the order of Operational analytical center in case of the President of the Republic of Belarus of October 9, 2019 No. 336 "About measures for implementation of the Presidential decree of the Republic of Belarus of September 2, 2019 No. 326".

3. This order becomes effective after its official publication and extends the action to the relations which arose since January 1, 2023.

Approved by the Order of Operational analytical center in case of the President of the Republic of Belarus of January 18, 2023 No. 10

The instruction about procedure for evaluating compliance of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements when planning extension of the list of the works and (or) services constituting activities for technical and (or) cryptographic information security

1. In this Instruction the procedure for carrying out by the Operational analytical center in case of the President of the Republic of Belarus (further - OATs) assessments of conformity of opportunities of the license applicant to dolitsenzionny requirements, the licensee to licensed requirements established by the Law of the Republic of Belarus "About licensing" (further - the Law) for activities for technical and (or) cryptographic information security is determined (further - assessment).

2. For the purposes of this Instruction terms and their determinations in the values established in articles 1 and 140 of the Law are used.

3. The decision on evaluating is made by the chief of OATs in the form of the order which also creates the commission for evaluating (further - the commission) and its members are determined.

4. The license applicant (licensee) is informed on the planned evaluating by phone and (or) e-mail (in case of its availability), specified in the statement for provision of the license or the statement for change of the license, not later than three working days till its beginning.

5. Assessment can be carried out in the location of the license applicant (licensee) and (or) rooms which will be used (are used) by the license applicant (licensee) for performance of works and (or) rendering the services constituting the licensed type of activity. In this case before evaluating persons authorized on its carrying out shall show to the head or other authorized representative of the license applicant (licensee) official IDs.

6. During assessment the commission performs observance determination:

the license applicant - the dolitsenzionny requirements established in article 142 of the Law;

the licensee - the licensed requirements established in article 143 of the Law when planning extension of the list of the works and (or) services constituting the licensed type of activity.

7. Determination of observance by the license applicant of dolitsenzionny requirements is performed by studying and the analysis of OATs provided by the license applicant and received according to the procedure, established by Council of Ministers of the Republic of Belarus, at other state bodies and other organizations of the documents and (or) data confirming observance of the specified requirements and also by establishment of the facts:

7.1. availability on the property right or other legal cause of measuring instruments and control, technical, hardware-software and software according to the list determined by OATs and also the rooms necessary for performance of works and (or) rendering the services constituting the licensed type of activity;

7.2. availability in the state at least three workers, and in the presence of separate divisions - at least three workers in staff of each such division (except for the license applicants applying for implementation of the licensed type of activity regarding the certificate of form of external submission of the electronic paper document and (or) distribution of open keys of verification of the digital signature which require availability in staff of each separate division at least one worker);

7.3. concerning the works and (or) services provided in subitems 3. 2, 3.3, 3.5 and 3.7 of Item 3 of article 141 of the Law (in addition to establishment of the facts listed in subitems 7.1 and 7.2 of this Item):

availability of the operating authority with use of the state secrets;

availability at the head and other workers of the license applicant who will directly perform the licensed type of activity, the corresponding admission to the state secrets;

availability of the objects (object) of informatization intended for the information processing containing the state secrets;

implementation according to the legislation on ensuring unity of measurements of metrological assessment concerning the measuring instruments necessary for performance of works and (or) rendering services;

7.4. concerning the works and (or) services provided in subitem 3.4 of Item 3 of article 141 of the Law (in addition to establishment of the facts listed in subitems 7.1 and 7.2 of this Item), availability:

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