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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of September 28, 2015 No. 125

About approval of the Regulations on exchange of electronic documents in case of cross-border interaction of public authorities of state members of the Eurasian Economic Union among themselves and with the Eurasian economic commission

According to Items 3, the Board of the Eurasian economic commission solved 4 and 30 Protocols on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014):

1. Approve the enclosed Regulations on exchange of electronic documents in case of cross-border interaction of public authorities of state members of the Eurasian Economic Union among themselves and with the Eurasian economic commission.

2. To state members of the Eurasian Economic Union to provide fixing in the legislation to possibility of exchange of electronic documents between the electronic document management systems used by state members in case of interaction of public authorities of state members among themselves and with the Eurasian economic commission with use of the integrated information system of the Eurasian Economic Union.

3. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission

V. Khristenko

Approved by the Decision of Board of the Eurasian economic commission of September 28, 2015 No. 125

Regulations on exchange of electronic documents in case of cross-border interaction of public authorities of state members of the Eurasian Economic Union among themselves and with the Eurasian economic commission

I. General provisions

1. This Provision establishes procedure for exchange of electronic documents in case of cross-border interaction of public authorities of state members of the Eurasian Economic Union (further respectively - state members, the Union) among themselves and with the Eurasian economic commission (further - the Commission) in the integrated information system of foreign and mutual trade and the integrated information system of the Union created on the basis of expansion of its functionality (further - the integrated system) for the purpose of ensuring exchange of legally significant electronic documents within the integrated system, and also determines the list of participants of exchange of electronic documents, general requirements to electronic documents, requirements to signing of the electronic document the electronic digital signature (digital signature) and responsibility of participants of exchange of electronic documents.

2. The concepts used in this Provision mean the following:

"XML" - the extensible markup language recommended by Consortium of the World Wide Web (W3C);

"XML document" - the data set conforming to requirements of XML;

"kanonikalization of XML" - process of conversion of XML documents to canonical form of XML;

"the receipt of the confidential third party" - the electronic document created by the confidential third party and signed by the electronic digital signature (digital signature) of the confidential third party, serving for confirmation of result of check of authenticity of the electronic document and the electronic digital signature (digital signature) in the electronic document;

"the cryptographic standard" - set of the technical specifications establishing rules of forming and verification of electronic digital signatures (digital signatures);

"sender" - the participant of exchange of electronic documents who directs or on behalf of whom the electronic document goes;

"receiver" - the participant of exchange of electronic documents to whom the electronic document is sent;

"the sender's segment", "the receiver's segment" - national segment of state member or integration segment of the Commission which information systems are used for sending (acceptance) electronic documents by the sender (receiver);

"the certificate of key of verification of the EDS", "certificate" - the electronic document published by certification center, signed by the closed (personal) key of certification center and containing information confirming accessory of the public key specified in the certificate to certain participant of exchange of electronic documents and other information provided by the corresponding cryptographic standards;

"service of the confidential third party of the integrated system" - set of services of the confidential third party of the state members and the Commission providing single cross-border space of trust in case of exchange of electronic documents in the integrated system;

"message" - the formalized information which is transferred from the sender to the receiver in the integrated system;

"standard X.509" - the ITU-T X.509 standard "Information technologies. Interrelation of open systems. Reference book: Structures of certificates of public keys and attributes";

"XAdES standard" - the XML Advanced Electronic Signature standard describing expanded format of the electronic digital signature (digital signature) in the XML format;

"XMLDSig standard" - the standard of syntax and processing of the electronic digital signature (digital signature) in the XML format;

"certification center" - the authorized body or the organization providing according to acts of the Commission, the legislation of state member provision of services according to the edition, distribution, storage of certificates of keys of verification of the EDS and check of validity of these certificates;

"the electronic digital signature (digital signature)", "EDS" - information in electronic form which is attached to other information in electronic form or is otherwise connected with such information serves for control of integrity and authenticity of this information, provides impossibility of failure from authorship, is developed by application concerning this information of cryptographic conversion with use of the closed (personal) key and checked with use of public key;

"the legal importance of the electronic document" - the property of the electronic document allowing to perceive contents of this electronic document as authentic.

Other concepts used in this Provision are applied in the values determined by the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - the Protocol).

3. The relations arising in connection with exchange of electronic documents are regulated by the Agreement on the Eurasian Economic Union of May 29, 2014, other international treaties incoming the right of the Union, this Provision, approved by the Commission technological documents, regulating information exchange in case of realization by means of the integrated system of general processes within the Union (further - the technological documents regulating information exchange), and also the legislation of state members.

4. The technological documents regulating information exchange are developed according to the Decision of Board of the Eurasian economic commission of November 6, 2014 No. 200.

5. Requirements to execution of electronic documents are determined according to appendices No. No. 1 - 4.

The electronic documents processed according to this Provision taking into account the requirements determined by appendices No. 1 - 4 to this Provision, are recognized equivalent to the documents processed on paper and certified by the signature or the sign and seal.

II. Participants of exchange of electronic documents

6. Participants of exchange of electronic documents within the integrated system are:

a) Commission;

b) authorized bodies or the certain (accredited) them organizations;

c) confidential third parties of state members and Commission;

d) certification centers of state members and the Commission, certification center of service of the confidential third party of the integrated system;

e) the organizations - operators of integration gateways of national segments of state members and integration segment of the Commission;

e) officials and the staff of the Commission, the confidential third parties, authorized bodies or the certain (accredited) them organizations, and also certification centers of state members and the Commission who participate in exchange of electronic documents on its own behalf.

7. Determination of list of participants of exchange of electronic documents is performed:

a) state members - concerning authorized bodies, the confidential third party, certification centers, the organization - operator of the integration gateway of national segment of this state member;

b) authorized bodies or the certain (accredited) them organizations - concerning officials and the staff of these authorized bodies or the organizations;

c) The commission - concerning the confidential third party of the Commission, certification center of the Commission, certification center of service of the confidential third party of the integrated system, officials of these bodies, and also concerning officials and the staff of the Commission.

8. Participants of exchange of electronic documents perform the following functions:

a) the sender - preparation of the electronic document, its signing of the EDS and sending to the receiver;

b) the receiver - acceptance and processing received from the sender of the electronic document and the receipt of the confidential third party of the receiver for check of authenticity of the electronic document of the sender;

c) the organizations - operators of integration gateways of the integrated system - ensuring cross-border transfer of electronic documents, and also verification of receipts of the confidential third parties for the purpose of non-admission of transfer of not authentic electronic authentic documents which obviously shall not or cannot be processed by the receiver;

d) the confidential third party of the sender - check of authenticity of the electronic document and EDS of the electronic document, forming and signing of the receipt of the confidential third party of the sender with result of check;

e) the confidential third party of the receiver - check of authenticity of the electronic document according to the receipt of the confidential third party of the sender and the EDS in this receipt, forming and signing of the receipt of the confidential third party of the receiver with result of check;

e) certification center of state member and certification center of the Commission - issue of certificates, provision of services for check of relevance of the certificates issued within the competence, services for check of powers (legal statuses) of owners of the certificates used in case of verification of the EDS by means of the confidential third party of the sender, and also service of stamp of time;

g) certification center of service of the confidential third party - issue of certificates to the confidential third parties of state members, provision of services for check of relevance of the issued certificates and service of stamp of time.

9. Participants of exchange of electronic documents shall:

a) observe this Provision in the course of exchange of electronic documents;

b) inform each other on all cases of emergence of technical defects in work of software and hardware tools or on other circumstances interfering exchange of electronic documents;

c) in case of conflict situations to participate in their permission;

d) provide information protection in case of exchange of electronic documents according to requirements of acts of the Commission and the legislation of state members;

e) use the means of the EDS having the certificates of conformity issued according to the legislation of the corresponding state member.

10. Requirements to participants of exchange of electronic documents if necessary can be specified after approval by the Commission of requirements to creation, development and functioning of cross-border space of trust, stipulated in Item 18 Protocols, and updating of this provision will be carried out after adoption of the localized versions of necessary international standards and recommendations, and also approval of rules of documentation of information by the Commission in case of interaction between authorized bodies, business entities and physical persons of state members.

III. Exchange of electronic documents

1. Requirements to cryptographic standards in case of exchange of electronic documents

11. In case of exchange of electronic documents of participants of such exchange the following cryptographic standards are used:

a) in case of interaction between senders (receivers) and the entrusted third party within one national segment of state member - cryptographic standards of this state member;

b) in case of interaction between senders (receivers) and the entrusted third party within integration segment of the Commission - the cryptographic standard approved for these purposes by the Commission.

12. In case of interaction of services of service of the confidential third party of the integrated system the approved EDS cryptographic standard and the approved cryptographic standard of function of hashing (standards of service of the confidential third party of the integrated system) approved for these purposes by the Commission among themselves are used.

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