RESOLUTION OF THE MINISTRY OF FOREIGN ECONOMIC RELATIONS, INVESTMENTS AND TRADES OF THE REPUBLIC OF UZBEKISTAN, STATE CUSTOMS COMMITTEE OF THE REPUBLIC OF UZBEKISTAN, STATE TAX COMMITTEE OF THE REPUBLIC OF UZBEKISTAN

of October 5, 2007 No. EG-01/10-5248, 5 of October, 2007 No. 01-02/6-28, 5 of October, 2007 No. 2007-55

About approval of the Regulations on procedure for preparation of contracts electronically and other standard document forms applied in electronic commerce

For the purpose of implementation of the Laws of the Republic of Uzbekistan "About electronic commerce", "About electronic payments", "About electronic document management" and according to Item 1 of the resolution of the Cabinet of Ministers of the Republic of Uzbekistan N21 of 30.01.2007. "About measures for development of electronic commerce", and also for development of electronic commerce with use of information and communication technologies, we decide:

1. Approve Regulations on procedure for preparation of contracts electronically and other standard document forms applied in electronic commerce according to appendix.

2. This resolution becomes effective after ten days from the moment of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Approved by the resolution of the Ministry of Foreign Economic Relations, Investments and Trades, State Customs Committee, State Tax Committee of October 5, 2007 No. NEG-01/10-5248, 01-02/6-28, 2007-55

Regulations on procedure for preparation of contracts electronically and other standard document forms applied in electronic commerce

This Provision according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan "About measures for development of electronic commerce" of 30.01.2007 N21 determines requirements to contracts electronically and to other standard document forms using information and communication technologies.

I. General requirements to the contract electronically and to other standard forms when making electronic commerce

1. The contract in electronic commerce is drawn up by means of contract negotiation by the parties and forming of the electronic document by means of their exchange (correspondence or addressing to the uncertain group of people) between the parties of electronic commerce.

When forming electronic documents any available forms (formats) of electronic representation and turnover of text or other documentary information (record, the message, the file, the website, the database, entry in the database), the commonly accepted and established by regulatory legal acts document types applied in business activity (the letter, the notification, the message, the account, the offer, the acceptance, the agreement, the agreement, the protocol and other document types) by agreement of the parties can be used.

When forming electronic documents the used forms (formats) of its electronic representation and use shall provide reliable transfer and receipt of the document, its processing, possibility of check of reliability and integrity of the document, storage and search in information system, and also to provide identification of the sender, time of creation and obtaining, reproduction and unambiguous perception of its documentary information.

2. Contracts in electronic commerce and other forms of electronic documents connected with registration and making of electronic commerce shall correspond on content and form to the requirements established by the Civil code of the Republic of Uzbekistan, the Law "About the Contractual Legal Base of Activities of Business Entities", the interdepartmental resolution "About Approval of Regulations on Order of Registration Export and Examinations of the Import Contracts (Agreements, Agreements) Signed by Business Entities of the Republic of Uzbekistan in the Ministry of Foreign Economic Relations, Investments and Trades of the Republic of Uzbekistan" (reg. N1588 of 03.07.2006) and other regulatory legal acts.

3. When making electronic commerce in cases when the law or other regulatory legal act or the agreement of the parties requires with own hand to sign the document, the electronic document is considered signed if the parties of electronic commerce perform the procedure of establishment of the Digital signature (further "EDS").

4. The electronic document is recognized the parties of electronic commerce if:

authenticity of the EDS in the electronic document is confirmed;

the certificate of key of the EDS affects the moment of confirmation of authenticity of the EDS, or at the time of signing of the electronic document in the presence of the proofs determining the signing moment;

The EDS is used for the purpose of, the EDS specified in the certificate of key in the electronic document.

5. In cases when the law or other regulatory legal act requires that the contract or other document was submitted or kept on paper, this requirement is considered executed concerning the electronic document if:

The center of registration of the EDS for the appeal of legal entity or physical person confirms authenticity of the EDS in electronic documents;

The center of registration of the EDS certifies copies of electronic documents on the papers signed by the EDS.

6. The EDS in the document can functionally be combined with procedures of protection of the electronic document, the providing integrity, reliability and invariance of its documentary information before other party or the third parties.

7. Additional requirements to the contract shall include:

a) method of contract signature and other documents connected with obligation fulfillment of contract parties;

b) procedure for exchange of electronic documents between the parties in case of execution of the contract obligations by them;

c) procedure for use of the EDS and/or identification of the authorized person which signed the document, and also procedure for test of reliability of the document;

d) references and instructions on the conditions included in the contract by sending to electronic documents, containing in the information system installed by the parties or on the Internet website, other open or corporate networks;

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