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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of March 15, 2016 No. 98

About enhancement of transmission order of messages of telecommunication

(as amended of the Presidential decree of the Republic of Belarus of 09.08.2019 No. 303)

For the purpose of realization of the rights of citizens to protection against illegal intervention in private life, and also I decide ensuring interests of the state:

1. Create the system of counteraction to violations of procedure for traffic transmission on networks of telecommunication representing set of program technical means, information resources and information technologies, and also the measures of legal, organizational and technical and economic nature directed to warning, identification and suppression of violations of procedure for the omission of voice and other messages of telecommunication (further - traffic transmission).

2. Determine that:

2.1. users of services of telecommunication public are forbidden to use the program and technical means in total used for conversion of the data exchange protocol on which voice and other messages of telecommunication from the calling party, and transfers of these messages to the called party with use of the directory numbers * are transferred which are not belonging to the calling party;

______________________________

* For the purposes of this Decree the directory number is understood as the open personalized and (or) address information provided to the subscriber in use in case of the conclusion of the agreement and identifying it in case of connection with it of other subscribers in format of the standard used in networks of the operator of telecommunication, and also any other means allowing to identify the subscriber in case of connection with it of other subscribers.

2.2. the activities specified in subitem 2.1 of this Item are illegal and attract responsibility according to legal acts;

2.3. general coordination of activities of operators of telecommunication, the bodies performing operational search activities, other state bodies and the organizations for creation and functioning of system of counteraction to violations of procedure for traffic transmission on networks of telecommunication the Operational analytical center in case of the President of the Republic of Belarus performs;

2.4. the republican unitary enterprise «National Center of Exchange of Traffic» (further – NTsOT) provides:

creation, implementation and operation of software and hardware complex of counteraction to violations of procedure for traffic transmission (further – complex of technical counteraction), and also creation and maintaining the information resources which are integral part of system of counteraction to violations of procedure for traffic transmission on networks of telecommunication;

the notification of operators of telecommunication on the violations of procedure for traffic transmission fixed by means of complex of technical counteraction, and also if necessary – the bodies performing operational search activities, the Ministries of Communications and Informatization about the revealed violations of requirements of the legislation in the field of telecommunication and this Decree;

acceptance of other measures for warning, identification and suppression of violations of procedure for traffic transmission according to acts of the legislation;

2.5. state bodies and other organizations, physical persons, including individual entrepreneurs, render assistance of NTsOT in warning, identification and suppression of violations of procedure for traffic transmission, and also provide information necessary for implementation of this Decree, on a grant basis;

2.6. actions for acquisition, development, implementation and functioning of complex of technical counteraction, integration with it of the program technical means, information networks, systems and resources of operators of telecommunication, state bodies and organizations necessary for warning, identification and suppression of violations of procedure for traffic transmission, creation and authority information resources of system of counteraction to violations of procedure for traffic transmission on networks of telecommunication are not under inclusion in appropriate programs of informatization.

3. Operators of telecommunication (except for operators of telecommunication who render services only in distribution of programs of television broadcasting and (or) broadcasting) (further - operators of telecommunication) shall:

3.1. fulfill requirements of the acts of the legislation regulating system operation of counteraction to violations of procedure for traffic transmission on networks of telecommunication;

3.2. perform on permanent basis on the networks of telecommunication of action for warning, identification and suppression of violations of procedure for traffic transmission, including to apply the means and systems based on the principles of the analysis of behavior of the subscriber, system of the complete analysis of network packets;

3.3. provide:

integration with complex of technical counteraction of own program technical means, information networks, systems and resources necessary for warning, identification and suppression of violations of procedure for traffic transmission;

the conclusion with NTsOT of the agreement on rendering paid services in access to complex of technical counteraction and to use of its functionality;

in case of identification of violations of procedure for traffic transmission provision of NTsOT in the automatic mode by means of complex of technical counteraction of all available information about the corresponding subscriber and the services of telecommunication rendered to him;

3.4. on a grant basis to provide on the networks of telecommunication possibility of implementation of NTsOT of test challenges on the directory numbers belonging to the operator of telecommunication;

3.5. in case of the conclusion with the citizen of the Republic of Belarus, the foreign citizen, the stateless person to whom in the procedure established by the legislation the identity document is issued in the Republic of Belarus, of the service provision agreement of telecommunication to perform confirmation of the information about the subscriber, necessary for the conclusion of this contract, with use on paid basis of the state information resources (systems), the owner or the manager of which is the Ministry of Internal Affairs. The procedure of such confirmation is determined jointly by the Ministry of Internal Affairs, Operational analytical center in case of the President of the Republic of Belarus and the Ministry of Communications and Informatization.

To data, subject to confirmation, identification number, surname, own name, middle name (if that is available) the subscriber, details of the identity document (series, number) belong;

3.6. take measures for non-admission of use of the changing identifiers of terminal subscriber units (terminals), in case of their change to inform NTsOT with use of complex of technical counteraction;

3.7. perform collection, processing, accumulating, storage of information concerning network (IP) addresses of network devices and terminal subscriber units (terminals) including which underwent conversion, to enter by means of complex of technical counteraction necessary data in information resources of system of counteraction to violations of procedure for traffic transmission on networks of telecommunication, to provide access to this information of NTsOT and the bodies performing operational search activities with use of complex of technical counteraction;

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