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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of January 5, 2015 No. 4

About approval of the Regulations on order of interaction of operators of mail service with the bodies performing operational search activities

For the purpose of enhancement of legal regulation of order of interaction of operators of mail service with the bodies performing operational search activities I decide:

 1. Approve the enclosed Regulations on order of interaction of operators of mail service with the bodies performing operational search activities.

2. To Council of Ministers of the Republic of Belarus in three-months time to take measures for implementation of this Decree.

3. This Decree becomes effective in the following procedure:

Item 1 - in three months after official publication of this Decree;

other provisions of this Decree - after its official publication.

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of January 5, 2015 No. 4

Regulations on order of interaction of operators of mail service with the bodies performing operational search activities

1. This Provision determines order of interaction of operators of mail service (further - operators) with the bodies performing operational search activities (further - authorized bodies), on:

to questions of rendering assistance in conducting investigation and search operations and provision of possibility of their carrying out on networks of mail service;

to ensuring access to databases, automated systems of operators, provision of information on users of services of mail service and the services of mail service, and also other information necessary for accomplishment of the tasks assigned to authorized bodies rendered to them.

2. For the purposes of this provision the following terms and their determinations are applied:

system of the automated sorting of mailings - the equipment complex containing in the structure the devices which are reading out the data applied on the processed mailing which allow to select mailing delivery route, optimum for the operator, to the addressee (address data of the addressee, the barcode or number code allowing to concretize the direction of delivery of the mailing), and also incorporating mechanical elements which on the set algorithm physically divide the sorted mailings on the groups created based on elements of the postal address of the addressee;

system of technical means for ensuring investigation and search operations on networks of mail service (further - SORM) - the equipment implemented in systems of the automated sorting of mailings for the solution of tasks of operational search activities;

remote operations control room of SORM - the object with equipment rooms and software for management of SORM used by the state security agencies and Operational analytical center in case of the President of the Republic of Belarus (further - Operational analytical center).

3. Direct interaction with operators concerning creation, implementation and operation of SORM is performed by the divisions determined in the state security agencies and Operational analytical center (further, unless otherwise specified, - authorized divisions).

4. The regulatory legal acts containing requirements to SORM are developed and affirm the Ministry of Communications and Informatization (further - the Ministry of Communications) in coordination with Committee for State Security (further - KGB) and Operational analytical center.

5. Authorized divisions are developed and realize measures for creation and implementation of SORM, their use for the benefit of authorized bodies according to the procedure, determined by joint legal acts of authorized bodies.

6. During creation (upgrade) of network of mail service using systems of the automated sorting of mailings the operator shall use the means of mail service allowing to provide implementation and operation of SORM providing independent connection of remote operations control rooms of SORM of the state security agencies and Operational analytical center.

7. In case of decision making about creation (upgrade) of network of mail service by acquisition (installation) of systems of the automated sorting of mailings the operator in writing reports about it in KGB and Operational analytical center.

Taking into account interests of KGB authorized bodies and Operational analytical center no later than one month from the date of registration of the message of the operator make the decision on need of implementation of SORM on the created (upgraded) network of mail service and notify him on the made decision.

8. In a month from the date of receipt of the notification of KGB and Operational analytical center about need of implementation of SORM on the created (upgraded) network of mail service the operator together with authorized division (divisions) develops the actions plan on implementation, operation of SORM and communication links between object (objects) of mail service and remote operations control rooms of SORM (further - the plan). The plan after approval of the Ministry of Communications, KGB and Operational analytical center affirms the head of the operator.

9. KGB and Operational analytical center in case of decision making about need of implementation of SORM on the operating network of mail service notify on this decision of the Ministry of Communications and operator.

The operator together with authorized division (divisions) develops, approves and approves the plan according to the procedure, provided in Item 8 of this provision.

10. Input of SORM in operation on network of mail service is performed by the operator together with representatives of authorized divisions and drawn up by the act in triplicate. This act is signed by the head of the operator, authorized representatives of KGB and Operational analytical center. One copy of the act is stored at the operator, the second - in authorized division of the state security agency, third - in authorized division of Operational analytical center. The copy of the act goes the operator to the Ministry of Communications.

11. During the commissioning of new means of mail service, implementation of new technology solutions or upgrade of means of mail service the operator shall take measures for ensuring functioning of SORM according to the regulatory legal acts containing requirements to SORM.

12. In case of absence of SORM on network of mail service in which systems of the automated sorting of mailings are applied the operator based on the written appeal of the state security agency, law-enforcement body or Operational analytical center creates conditions for temporary placement and connection on object of mail service of other equipment and software for conducting investigation and search operations.

13. The operator shall provide accumulating of information on the services of mail service rendered to users connected with acceptance, the processing and delivery (delivery) of mailings containing:

data on type of service of mail service, the services of mail service rendered to users;

data on type of mailings;

address data of users (receivers and senders of mailings) of services of mail service;

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