APPROVED
Order
of the Operational and Analytical centre
under the President of the Republic of
Belarus 18.06.2010 No. 47
(as revised in the order of the Operational and
Analytical Center under the President of the
Republic of Belarus 06.03.2012 № 23)

INSTRUCTIONS
on the order of domain names registration in the space of the hierarchical names of the national segment of the Internet network

CHAPTER 1
GENERAL PROVISIONS

1. The present Instructions are elaborated in accordance with the Decree of the President of the Republic of Belarus No. 60 dated February 01, 2010 “On measures of the improvement of the Internet network national segment use” (National register of the legislative acts of the Republic of Belarus, 2010, №. 29, 1/11368) and determine the order of domain names registration in the field of hierarchical names of the national segment of the Internet network.

2. For the purposes of the present Instructions the terms and definitions are used in the meanings established by the Decree of the President of the Republic of Belarus №.60, dated February 1, 2010, as well as the following terms and definitions are used:

• Administrator of the national domain zone – a specially authorized state authority in the sphere of security of the national segment of the Internet network use *;
• Domain administrator –an individual or a legal entity who has signed a contract on the registration of a domain name and performs the domain administration;
• Domain administration – determination of the domain use order;
• Domain delegation – introduction of information to the national domain zone by the register relating to the domain and servers of the domain names (DNS) providing its functioning, their network addresses, indicated by the domain administrator, and (or) the introduction to the register of data on a new domain administrator;
• Domain zone – a field of the hierarchical space of the domain names in the Internet network which is indicated by a unique domain name;
• Domain name (domain) – a symbolic (alphanumerical) designation formed in accordance with the international rules of the Internet network addressing intended for the named call of the informational resource of the Internet network and corresponding to a certain network address;
• Applicant –an individual or a legal entity who has appealed for the registration of a domain name;
• National domain zone – a hierarchical segment of the Internet network consisting of the set of complexes of software and hardware tools providing the functioning of domains in the frames of the system of the Internet network domain names;
• National domain – a domain of the first (upper) level with the domain name “.by”*;
• Pause of the domain administration – temporary deprivation of rights of a domain administrator on domain administration;
• Registrar – a legal entity rendering services relating to the domain names registration in the national segment of the Internet network;
• Domain registration – organizational and technical events, which are necessary for the provision of the claimed domain name functioning;
• Register – the centralized array of databases of the national domain zone containing the information on the registered domain names;
• Network address (IP-address) – a unique numerical device identifier operating in the Internet network;
• Technical administrator of the national domain zone – a legal entity providing the functioning of the national domain zone;
• Domain transfer - organizational and technical events on the change of the domain registrar;
• Technical events – a complex of works relating to the provision of domain names servers functioning, timely introduction, modification and presentation of the information necessary for the provision of domains functioning, and the technical provision of the equipment efficiency of a registrar, a technical administrator of the national domain zone;
• Domain level – a quantity of words in a domain name separated by dots.

* Pursuant to Article 13 of the Decree of the President of the Republic of Belarus № 60 dated February 1, 2010, the specially authorized state authority in the sphere of security of the nation al segment of the Internet network use is the Operational and analytical centre under the President of the Republic of Belarus

** bу is the official two-lettered code of the Republic of Belarus in accordance with the International standard ISO 3166-1 approved by the United Nations Organization

3. The registration of domain names is performed with the purpose of their further use for the addressing of the domain administrator resources in the Internet network.

4. Interaction of the national domain zone administrator, technical administrator of the national domain zone, registrars, domain registrars and applicants may be performed by means of electronic appeal using e-mail addresses indicated in the agreement between the national domain zone administrator and registrar or in the agreement for the second level domain name registration (hereinafter – the agreement).

5. Domain names can be of the first, second, third and subsequent levels. The domain name level is determined by the ordinal number of a word located on the left of the first level domain name “.by”.

6. The rights for the national domain zone are provided for to the Republic of Belarus by the Internet Corporation of Assigned Names and Numbers (ICANN).

7. A domain name must contain not less than two and no more than sixty three letters of the Latin alphabet, numbers, symbols, “hyphen” (“-“), it must not begin, end with the symbol “hyphen” (“-“), and also contain the symbol “hyphen” (“-“) in the 3^rd and 4^th positions simultaneously.

In case an applicant is a legal entity, while choosing a domain name it is recommended to use the name of this legal entity.

8. The following domain names are not subject to the registration: containing words or phrases not corresponding to the common moral and ethic standards, rousing the international hostility, propagandizing violence, cruelty and other actions prohibited by the legislation of the Republic of Belarus.

While choosing a domain name an applicant should avoid the names coinciding with the titles of the registered means of individualization of the participants of civil transactions, goods, works or services, if an applicant is not a holder of right for a brand name, a trademark and a service mark owner, a person having the right to use geographical indication.

9. In case of revelation of the unauthentic data on the domain administrator, agreement requisites, domain in the register, as well as upon availability of the information on other violations connected with the use of the domain name, the administrator of the national domain zone gives a corresponding notice to the registrar.

The registrar, having received the notice from the national domain zone administrator is obliged to eliminate the violations within the period specified in the notice, which may not exceed 30 calendar days. In case the violations mentioned in the first part of the present article proceed from the domain administrator, the registrar must inform the domain administrator of the necessity to eliminate the identified violations within the period specified in the notice of the administrator.

For the period of violations elimination the national domain zone administrator suspends the domain administration.

In case of nonfulfillment of the requirements on the elimination of specified violations at the end of the term, indicated in the second part of the present article the national domain zone administrator excludes the domain from the register.

In case the materials, testifying the initiation of proceeding in court on the case, connected with the use of the domain name, are presented to the national domain zone administrator, the period of the administration domain suspension is extended until the court makes a corresponding decision.

When excluding the domain from the register on the grounds specified in part number four of the present article, the agreement between the domain administrator and the registrar is terminated.

10. Domain names, excluded from the register, may be registered by the results of the auction. This auction is conducted by national domain zone technical administrator in order agreed with the national zone administrator. Funds from the auction, less the amount for registration of a domain name are sent by the national domain zone technical administrator in order agreed with the national domain zone administrator, to the support of orphans and children left without parental care.

CHAPTER 2
THE REGISTRAR. RIGHTS AND OBLIGATIONS OF THE REGISTRAR

11. The registration of the domain names of the second level is accomplished by the registrars.

12. The registrar may be a legal entity created in accordance with the legislation of the Republic of Belarus with the location in the Republic of Belarus, the net assets value of which is equivalent not less than 30,000 euros at the rate of National Bank of the Republic of Belarus on the basis of the balance sheet (form 1) for the reporting period.

13. The complex of software and hardware tools of the registrar must correspond to the requirements stated in Appendix 1 to the present Instructions.

14. A legal entity willing to be a registrar:

sends the complex of software and hardware tools of the registrar to the national domain zone technical administrator for the testing;

after obtaining of the positive results of the testing concludes an agreement with the national domain zone administrator in the form according to Appendix 2.

15. In case when a registrar is an applicant, only another administrator must accomplish the domain name registration.

16. In case of activity termination the registrar is obliged to transfer information on the agreements with the domain administrators and archive database of domain names registration statements to the national domain zone technical administrator.

17. The registrar is obliged to keep requisites of the agreements on the domain names registration of the second, third and subsequent levels as well as other information identifying the subjects of the agreement within three years.

18. The registrar is obliged to:

present the required information to the national domain zone administrator and technical administrator on their request;

carry out a complex of organizational and technical events on data protection of the domain administrator with the purpose of provision of integrity and availability of a domain being registered (delegated) and personal data confidentiality.

CHAPTER 3
REGISTRATION OF THE SECOND LEVEL DOMAIN NAMES

19. The registration of the second level domain names in the national domain zone is performed by the registrars on the basis of agreements concluded with the applicants.

20. In order to register a domain name an applicant concludes an agreement according to the order determined by the registrar and makes payment for the domain name registration. Registrar’s liabilities to register domain names arises from the moment of registrar’s receipt of the payment for the registration of the present domain name, and in case of any pre-payment by the applicant without specifying a particular domain name – from the moment of the registrar’s receipt of registration statement of a particular domain name on conditions that the indicated domain name is free at the moment of registration.

21. The registrar performs the registration of the domain name by means of entry of the information indicated by the applicant to the register.

21. A domain name is located in the register on the name of the applicant whose agreement was first to come into force, and the applicant whose domain name is located in the register shall possess the rights for the domain administration.

22. The term of validity of the agreement is one year from the moment of the introduction of the information on the payment for the particular domain name registration to the register. Upon termination of the agreement validity, the domain is transferred by the registrar to the condition at which its administration is not allowed. In this case the domain is not excluded from the register.

In such condition, the domain may be until the registrar receives payment for the extension of the agreement, but no more than 30 calendar days upon expiration of which the domain name is excluded from the register.

23. The domain administrator is obliged to:

inform the registrar about all changes of the personal data or data of a legal entity stated in the agreement no later than one month from the moment of such changes introduction;

upon the request of the registrar and (or) national domain zone administrator present documents, confirming credibility of information, indicated at the domain name registration (identification document – for individuals, State Registration Certificate (extract from the trade register of the country of incorporation or another equivalent proof of legal status of a legal entity in accordance with the legislation of the country of his origin) - for legal entities).

24. The registrar upon receipt of the information from the domain administrator relating to the changes of the personal data or data of a legal entity stated in the agreement is obliged to introduce such changes into the register within three days.

CHAPTER 4
DELEGATION AND TRANSFER OF DOMAINS

25. The information necessary for the domain delegation are included into the register on the basis of information provided by the domain administrator to the registrar performed the domain registration.

26. The domain administrator has a right to send to the registrar the applications for the termination or renewal of the domain delegation except for the periods when delegation is terminated by the administrator of the national domain zone.

27. The domain delegation is performed on the basis of the application of the domain administrator.

28. The domain delegation is terminated by the registrar:

• in case of the domain exclusion from the register;
• on the basis of the court decision.

29. The transfer of the domain is performed on the basis of the applications of the domain administrator on the intention to perform the domain transfer sent to the registrar with whom the agreement is concluded, as well as to the registrar with whom the agreement conclusion is expected.

30. Upon the domain transfer, the domain administrator pays to the new registrar for the domain registration renewal for one year. At the same time the extension of the domain registration is calculated from the moment of current maturity termination of the domain registration.

CHAPTER 5
EXTENSION OF THE AGREEMENT DURATION

31. The registrar sends the notification to the domain administrator on the expiration of the agreement and the necessity for its prolongation one month before the expiration of the agreement.

32. The term of validity of the agreement may be prolonged by the domain administrator within the period of its validity as well as within 30 calendar days after expiration of the agreement.

33. The agreement is deemed to be prolonged after payment of the domain administrator to the registrar for the domain registration renewal.

34. In default of the payment, the registrar excludes the domain names stated in the agreement from the register upon expiration of thirty days.

35. Within the period of termination of the domain administration the domain administrator does not have the right to perform any actions with the domain.

36. In case of the expiration of the agreement within the period of the domain administration temporary suspension, the term of its validity is prolonged till the expiration of this period.

CHAPTER 6
REGISTRATION OF THE DOMAIN NAMES OF THE THIRD AND SUBSEQUENT LEVELS

37. In order to register the domain name of the third and subsequent levels with respect to the third parties the domain administrator of the second level domain presents to the registrar information on the agreements for the third and subsequent level domains registration. The present information is entered to the registry by the registrar.

38. The term of validity of the agreement for the registration of the third level and (or) subsequent level domains must not exceed the term of validity of the agreement for the registration of the corresponding second level domain.

39. The registration of the domain names in the special domain zones gov.by, mil.by is performed by the administrator of the national domain zone.

40. State authorities, using in their activities information which compose state secrets (hereinafter in the present chapter – state authorities) before the appeal to the administrator of the national domain zone for the domain name registration in the special domain zone gov.by or mil.by make agreements for the provision of the Internet services with the authorized Internet services providers, indicated by the order of the Operational and Analytical Center under the President of the Republic of Belarus № 92 dated December 17, 2010 "On approving the list of the Internet services providers, authorized to provide Internet services to state agencies and organizations, using in its activities the information constituting state secrets "(National Register of Legal Acts of the Republic of Belarus, 2010, № 312, 7/1382).

After the conclusion of these agreements state authorities send to the administrator of the national domain zone a letter with the supplement of the registration statement of a domain name on the form according to Appendix 3.

41. In the registration of a domain name may be refused in case of nonfulfillment by a state authority of the requirements of paragraph 40 of the present Instructions, and as well if the required domain name is already registered by another state agency.

Domain name registration in the special domain zone gov.by or mil.by is implemented on a free-of-charge basis within five working days after the administrator’s of the national domain zone receipt of the public authority corresponding letter.

CHAPTER 7
RENUNCIATION AND TRANSFER OF THE RIGHTS FOR THE DOMAIN ADMINISTRATION

42. The domain administrator has the right to waive the right for the domain administration at any time within the agreement validity except for the period of the domain administration suspension.

43. In order to waive the right for the domain administration the domain administrator sends the corresponding application to the registrar.

44. The domain administrator has the right to transfer the rights for the domain administration to another individual or a legal entity. In order to transfer the rights for the domain administration, the domain administrator sends an application on the rights transfer to the registrar with the indication of information on the applicant, whom is supposed to transfer the right for the domain administration.

45. The registrar upon receipt of the application on the domain administrator’s intention to transfer the rights for the domain administration to another individual or a legal entity concludes an agreement with this individual or a legal entity in accordance with the present Instructions.

46. The registrar introduces corresponding changes into the register after the agreement conclusion.

CHAPTER 8
THE TECHNICAL ADMINISTRATOR OF THE NATIONAL DOMAIN ZONE. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR
OF THE NATIONAL DOMAIN ZONE

47. The technical administrator of the national domain zone may be a registrar, specified by the national domain zone administrator according to the results of the competition carried out in accordance with the Instructions on the order of the competition carrying out relating to the determination of the national domain zone technical administrator, approved by the order, approving the present Instructions.

The competition is held once every ten years since the adoption of the decision of the International organization ICANN to transfer the rights to the technical administration of the national domain zone (change Technical Contact). The competition can be conducted in advance by the decision of the national domain administrator in the following cases:

identification by the administrator of the national domain zone of the violations by the technical administrator of the national domain zone of the requirements of the present Instructions;

the elimination of the technical administrator of the national domain zone.

To perform by the new registrar the functions of the technical administrator of the national domain zone the current technical administrator of the national domain zone sends the information from the register and the documents identified by the International Organization of ICANN within one month after the announcement of the results of the competition.

48. The technical administrator of the national domain zone:

48.1. provides the functioning of:

the national domain zone;

national inquiry and communications system on the domain names in the national domain zone in accordance with the requirements according to Appendix 4;

48.2. performs:

cooperation with the international organizations on the question of the issues on provision of the technical assistance of national domain zone functioning;

technical support of the register;

registration of the second level domain names at the request of the administrator of the national domain zone without the agreement conclusion.

48.3. determines the value of the annual domain name maintenance in the national domain zone. Herewith the cost increase of domain name maintenance in the national domain zone is performed on the basis of the inflation factor, accepted from the date of the last establishment of such a value, as well as due to the prime-cost increase of the technical support of the registry and other valid reasons.

49. In case the registrar terminates the activities the national domain zone technical administrator sends notifications to the domain administrators on the term of validity of their agreements, the necessity to choose other registrars and concluding agreements with them. The technical administrator of the national domain zone performs technical arrangements at the moment of the domain transfer.

50. The technical administrator performs testing of the complexes of software and hardware tools of the registrars for the compliance with the requirements in accordance to Appendix 1.

According to the testing results, the technical administrator of the national domain zone sends the certificates on the testing results to the national domain zone administrator.

Appendix 1 to the Instructions
on the order of domain names
registration in the space of hierarchical names
of the national segment of the Internet network

REQUIREMENTS
to the complex of software and hardware tools of a registrar

The complex of software and hardware tools of the registrar (hereinafter – the complex) must provide:

realization of the protocol of interaction between the registrars with the register xRRP;

use of the protected network protocols for remote management of the complex;

the inspection of the complex administrator authorities on the basis of data authentication.

logging and audit of the security events;

synchronization of the system time set on the complex with the standard sources of time of the Republic of Belarus;

performing of everyday information back-up ensuring the integrity and full recovery of data in case of software and (or) hardware failures.

protection from the unauthorized access.

Computer network comprising the complex must contain the means of firewalling and filtration.

The complex must be provided with the uninterrupted power.

Appendix 2 to the Instructions
on the order of domain names
registration in the space of hierarchical names
of the national segment of the Internet network

Form

AGREEMENT
on the interaction of the Operational and Analytical centre under the President of the Republic of Belarus and (name of the registrar)
upon implementation of the registration of the second level domain names in domain by

“   “         20   

Minsk

The Operational and Analytical centre under the President of the Republic of Belarus, hereinafter referred to as “the administrator of the national domain zone”, represented by the head of the Operational and Analytical centre under the President of the Republic of Belarus              acting on the basis of the Provision of the Operational and Analytical centre under the President of the Republic of Belarus, of the one part, and (name of the registrar) hereinafter referred to as “registrar”, represented by              acting on the basis of              on the other part, collectively referred to as “the parties”, entered into the agreement as follows:

1. The parties are obliged to communicate on the conditions provided by the present agreement, in the exercise of the registrar’s activity of the registration of the second level domain names in domain by.

2. The parties are obliged to carry out their activities in the field of domain name registration in accordance with the legislation of the Republic of Belarus, including the Instructions on the order of domain names registration in the space of hierarchical names of the national segment of the Internet network, approved by the Order of the Operational and Analytical Centre under the President of the Republic of Belarus № 47, dated June 18, 2010 (hereinafter - Instructions).

3. The Registrar is obliged to:

provide information interaction of their own domain name registration system with the central database, hosted at the technical administrator’s of the national domain zone in accordance with the established protocols of data transfer;

notify the administrator of the national domain zone and the technical administrator of the national domain zone of any changes in contact details of register specialists authorized to hold the second level domain names registration activities;

present to the administrator of the national domain zone information associated with the domain names registration in the zone by, no later than 3 working days from the request receipt;

keep and provide instant access for the administrator of the national domain zone and technical administrator of the national domain zone to the archive database of registration statements of the domain names and the audit data for the entire period of the domain names registration;

provide access to the computing facilities and registration unit data of domain names for the representatives of the administrator of the national domain zone for the periodical inspection of system conformance to the requirements meets the requirements, contained in Appendix 1 to the Instructions.

4. Interaction between the registrar and the technical administrator of the national domain zone is carried out on a contract basis.

5. The present Agreement is concluded for an indefinite period.

6. The present Agreement may be terminated:

by mutual consent of the parties, completed in the form of an additional agreement in writing;

unilaterally initiated by the administrator of the national domain zone in case of registrar’s violation of the terms of the present agreement;

unilaterally initiated by the registrar, under condition of notification of the administrator of the national domain zone on the decision to terminate the present Agreement, no less than one month before the expected date of its termination.

7. The parties are obliged to settle by means of negotiations any dispute or disagreement relating to the present Agreement.

8. In case the parties fail to settle all the disputes in accordance with paragraph 7 of the present Agreement, all disputes arising from the present agreement, including those related to its conclusion, changes, termination, performance, invalidity, are subject to be settled by legal means, in accordance with the legislation of the Republic of Belarus.

9. All the questions not settled by the present Agreement are to be resolved in accordance with the legislation of the Republic of Belarus.

10. The present Agreement is made in two copies, one for each party.

Appendix 3 to the Instructions
on the order of domain names
registration in the space of hierarchical names
of the national segment of the Internet network

Form

APPLICATION
on the domain name registration in the zone gov.by or mil.by

1. Purpose of registration:

2. Domain name:

3. Name of state authority that registers a domain name:

4. Place of residence:

Information on the domain name administrator

5. Surname, given name, patronymic name of the administrator:

6. Name of the organization of the administrator:

7. Place of residence:

8. Phone Number(s) of the administrator:

9. Fax Number (s) of the administrator:

10. E-mail of the administrator:

Information on the Internet services provider

11. Organization name:

Information on the main DNS-server

12. Domain name of the primary DNS-server:

13. IP-address of the primary DNS-server:

Information on the additional DNS-server

14. The domain name of the secondary DNS-server:

15. IP-address of the supplementary DNS-server:

Appendix 4 to the Instructions
on the order of domain names
registration in the space of hierarchical names
of the national segment of the Internet network

REQUIREMENTS
to the national inquiry and communications system on the domain names in the national domain zone

1. The national inquiry and communications system on the domain names in the national domain zone (WHOIS service) (hereinafter – the system) must contain the following information:

1.1.at the registration of the domain name by an individual:

surname, given name, patronymic name;

country (two-lettered code according to ISO 3166-1 alpha-2);

residential area (place of residence);

contact number;

E-mail address;

1.2. at the registration of the domain name by a legal entity:

name of an organization;

country (two-lettered code according to ISO 3166-1 alpha-2);

place of residence;

contact number;

E-mail address.

2. The information contained in the system must correspond to the information, indicated by the applicants upon the domain name registration.

3. The domain administrator, who is an individual, has a right to waive his/her personal information placement in the system.