DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of January 26, 2016 №10

About approval of the Transmission order of the software of integration segment of the Eurasian economic commission of the integrated information system of the Eurasian Economic Union and its use

For the purpose of realization of Items 28 and 32of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix № 3 to the Agreement on the Eurasian Economic Union of May 29, 2014) and according to Item 30 of the specified Protocol and the subitem 15 of Item 43 of the Regulations on the Eurasian economic commission (appendix №1 to the Agreement on the Eurasian Economic Union of May 29, 2014) the Board of the Eurasian economic commission decided:

1. Approve the enclosed Transmission order of the software of integration segment of the Eurasian economic commission of the integrated information system of the Eurasian Economic Union and its use.

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

Approved by the Decision of Board of the Eurasian economic commission of January 26, 2016 №10

Transmission order of the software of integration segment of the Eurasian economic commission of the integrated information system of the Eurasian Economic Union and its use

1. This Procedure is developed for the purpose of realization of Items 28 and 32of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix №3 to the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement on the Union)) and determines the procedure of transfer of the software of integration segment of the Eurasian economic commission of the integrated information system of the Eurasian Economic Union (further respectively - the software, the Commission, the integrated system) concerning which the Commission performs the rights and fulfills duties of the owner, and the rule of use of such software.

2. Concepts are used in this Procedure in the values defined by the Agreement on the Union including the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix №3 to the Agreement on the Union), decisions of the Commission on questions of creation and development of the integrated system.

3. The software developed within works on creation and development of the integrated system, providing possibility of its use as a part of national segment is transferred to customers of national segments of state members of the Eurasian Economic Union of the integrated system (further respectively - national segment, state members) according to their requests for use in case of development of components of national segments, and also realization of separate functions as a part of national segments.

4. Transfer by the Commission of the rights to the software (including electronic media with the software, and also the operational and (or) project documentation) to the customer of national segment is performed on a grant basis according to the license agreement signed in the simplified procedure about provision of the simple (non-exclusive) license and drawn up by the delivery-acceptance certificate according to Items 8 - 10 presents About.

5. The software is transferred to the customer of national segment in the form of the performed code (distribution kit) with operational documentation to the software.

For the purpose of conducting verifications of the software regarding requirements of information security, including check of lack of not declared opportunities according to requirements of the legislation of state member, and also for the purpose of further independent development of the software by the customer of national segment (if it is provided according to purpose of the software) source texts (codes) of the software with the project documentation are transferred to the customer of national segment to the software on its request.

If necessary the Commission provides production (compilation) of the performed codes (distribution kits) of the transferred software on technical means of the Commission together with customer representatives of national segment and other authorized bodies of state member.

6. When using by the customer of national segment of the software the following conditions and requirements shall be complied:

a) record and storage of the software in the memories of technical means of the customer of national segment, configuring of hardware-software complexes and other actions necessary for ensuring functioning of the software, shall be performed according to purpose of the software;

b) copies of the software can be made for replacement of the transferred software copy if such copy is lost, destroyed or became unsuitable for use;

c) changes for the purpose of ensuring its functioning on technical means of the customer of national segment can be made to software setups;

d) the software and the rights to its use can be transferred by the customer of national segment only to the organizations authorized by the customer of national segment on creation, ensuring functioning and development of the software of national segment and also the organizations performing functions of the confidential third party of national segment according to the legislation of state member;

e) use of source texts (codes) transferred to the customer of national segment for the purpose of conducting verifications of the software regarding requirements of information security, for independent production by the customer of national segment of the performed codes (distribution kits) is not allowed if according to purpose of the software the possibility of its further independent development by the customer of national segment is not provided.

7. Transfer by the customer of national segment of the software and the rights to its use to the organizations specified in the subitem "g" of Item 6 of this Procedure is performed according to the legislation of the state of the customer of national segment.

Information on transfer of the software and the rights to its use goes the customer of national segment to the Commission within 10 working days from the date of transfer (with the direction of copies of delivery-acceptance certificates or other documents which creation is stipulated by the legislation the states of the customer of national segment).

8. The delivery-acceptance certificate of the software is drawn up in writing in 2 copies, one of which is given to the customer of national segment, another remains in the Commission.

9. In the delivery-acceptance certificate are specified:

a) type and the number of electronic media on which the software contains;

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