Instructions on domain names registration in the national domain zone
CHAPTER 1
GENERAL PROVISIONS
1. This Instruction determines:
the order of domain names registration in the national domain zone, including requirements to legal entities planning to register domain names, taking into account financial and economic situation and technical capabilities of these legal entities, and measures to respond to violations of such order;
the order of formation and maintenance of the centralized database of domain names registered in the national domain zone, including their owners (hereinafter - the database), the procedure and conditions of providing information from the database, as well as the subjects involved in formation and maintenance of the database.
2. For the purposes of the present Instructions, the following terms and their definitions are used in the meanings established by the Decrees of the President of the Republic of Belarus No. 60 dated February 1, 2010 and No. 350 dated September 18, 2019:
Administrator of the national domain zone – Operative-Analytical Centre under the President of the Republic of Belarus;
Domain name administration – exercise of authority to use the domain name in accordance with the present Instructions;
Cancellation of domain name registration record – cancellation of domain name registration record in the database, resulting in termination of its administration;
Domain name owner – an individual, an individual entrepreneur, a legal entity with the rights for domain name administration arising from the grounds set forth in these Instructions;
Domain name delegation – ensuring, based on the information contained in the database, the technical feasibility of a named call to the Internet resource corresponding to this domain name;
Domain zone – a field of the hierarchical space of the domain names in the global computer Internet network (hereinafter - 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 a named call to the Internet resource and associated with its delegation to a specific network address;
Applicant – an individual, an individual entrepreneur, a legal entity who has applied for the registration of a second level domain name or for the functioning of a third and subsequent level domain;
Internet resource – website, website page, web portal, forum, blog, chat, mobile application and other resources connected to the Internet network;
National domain zone – a field of the hierarchical space of the domain names in the Internet network, consisting of domain zones “.by” and “.бел”;
Suspension of domain name administration – full or partial temporary restriction of the authority of the domain name owner to transfer the rights for domain administration, waive these rights, transfer a domain, change information for domain delegation;
Suspension of domain name delegation – temporary blocking the use of the information contained in the database about the domain and domain name servers (DNS) providing its functioning, network addresses, as a result of which the possibility of a named call to the Internet resource corresponding to such domain is lost;
Registrar – a legal entity of the Republic of Belarus that registers domain names in the national domain zone and participates in the formation of the database;
Domain name registration – introduction of information about the domain, its owner and other information provided for by the present Instructions into the database;
Network address – network (logical) identifier of electronic means of communication in a data communication network organized on the basis of packet switching principles based on the IP protocol;
Domain name transfer – change of the domain name registrar.
3. The registration of domain names is performed with the purpose of their further use for a named call to the Internet resource of the domain owner.
Functioning of the national domain zone is implemented on the basis of information contained in the database.
4. Domain names can be of the first, second, third, and subsequent levels. The second and subsequent levels of the domain name are determined by the ordinal number of a symbol sequence separated by a dot and located to the left of the top level domain name “.by” or “.бел”
5. A domain name in the “.by” domain zone must contain at least two and no more than sixty-three letters of the Latin alphabet, numbers, symbols, “hyphen” (“-”), and must not begin or end with the “hyphen” (“-“) symbol, and also must not contain the “hyphen” (“-“) symbol in the 3rd and 4th positions simultaneously.
A domain name in the “.бел” domain zone is formulated with the use of letters of the Belarusian or Russian alphabet, numbers, symbols, “hyphen” (“-”) and “apostrophe” (“ ' ”), which when translated into the Latin transliteration constitute in total at least two and not more than sixty-three letters, numbers, symbols, and must not begin or end with the “hyphen” (“-”) symbol and (or) the “apostrophe” (“ ' ”).
6. A domain name is not subject to the registration:
if not meeting the requirements of the clause 5 of this Instruction;
in respect of which the administration is carried out;
if containing a combination of letters, numbers, symbols and (or) words (phrases) that do not comply with generally accepted moral and ethical standards, incite social, national, religious and race hatred, encourage violence, cruelty and other acts prohibited by law (unless otherwise stipulated by Chapter 12 of the present Instructions).
7. While choosing a domain name, including its registration according to the results of auctioning, an applicant should avoid the names that are identical or similar to the degree of confusion with the titles of the registered means of individualization of the participants of civil transactions, goods (works or services), if the applicant is not a holder of the right for a brand name, a trademark or a service mark owner, or a person having the right to use the geographical indication.
The Applicant shall be responsible for the selection of a domain name, as well as for possible violations of the rights of third parties related to the selection and registration of a domain, shall bear the risk of losses resulting from such violations.
8. Interaction of the administrator of the national domain zone, technical administrator of the national domain zone, registrars with domain owners may be carried out with the use of postal communication and (or) by sending electronic messages to the e-mail address, and if the domain owner is a subscriber of the interdepartmental electronic document flow system of state bodies (hereinafter - IDFS) – by means of IDFS taking into account the requirements of legislation on information, informatization and information protection.
The interaction of the administrator of the national domain zone with the technical administrator of the national domain zone, registrars can be carried out by means of IDFS taking into account the requirements of legislation on information, informatization and information protection.
For the purposes of the present Instructions the proper notification of the domain name owner shall be recognized:
sending information and (or) documents to the domain owner by mail with a registered notice of receipt to the postal address entered into the database, or by means of IDFS (for IDFS subscribers);
sending an electronic message to the domain owner by e-mail to the address entered into the database.
CHAPTER 2
REGISTRAR
9. The functions of the registrar can be performed by a legal entity of the Republic of Belarus, with which the administrator of the national domain zone has concluded a cooperation agreement in form according to Annex 1 which must ensure the availability of:
net assets value of at least 2600 basic units on the basis of the balance sheet and the calculation of the net assets value (for legal entities that apply the simplified taxation system and keep a record in the income and expenditure book - based on the information of this book) for the first day of the first month of the quarter, in which the cooperation agreement is concluded, as well as throughout the entire period of the implementation of domain name registration activities;
information system for domain names registration (hereinafter - the information system) that meets the requirements in accordance with Annex 2 (as of the date of conclusion of the cooperation agreement, as well as during the entire period of the domain registration activities).
A legal entity planning to carry out domain name registration, as of the date of conclusion of the cooperation agreement, as well as during the whole period of the activity on domain registration, shall be a subscriber of the IDFS.
10. A legal entity planning to register domain names shall apply to the technical administrator of the national domain zone for the purpose of testing the information system for its interaction with the complex of software and hardware of the technical administrator of the national domain zone, providing the database maintenance (hereinafter - the software and hardware complex).
According to the results of the tests, the technical administrator of the national domain zone shall send the acts on the results of the tests to the legal entity, planning to carry out domain names registration, and to the administrator of the national domain zone.
11. The cooperation agreement is concluded after submitting to the administrator of the national domain zone:
11.1. by the technical administrator of the national domain zone - an act on the results of the tests, containing the conclusion on the conformity of the information system of the legal entity, planning to carry out domain names registration, to the requirements according to Annex 2 in the part of interaction with the software and hardware complex;
11.2. by the legal entity that plans to carry out domain names registration:
the balance sheet and the calculation of the net assets value (by the legal entity that applies the simplified taxation system and keeps a record in the income and expenditure book – extracts from this book) as of the first day of the first month of the quarter, in which the cooperation agreement is concluded that confirms its net assets value;
a certified copy of the certificate of conformity of the information protection system of the information system to the information protection requirements;
documents confirming the connection and access to the IDFS.
12. After concluding the cooperation agreement, the legal entity planning to register domain names acquires the status of a registrar and obtains access to the database to perform the functions of a registrar.
13. The registrar is obliged to:
provide the administrator of the national domain zone, the technical administrator of the national domain zone, upon their request, with the necessary information and/or documents on domain name registration within seven working days;
provide the administrator of the national domain zone, upon his request, with the necessary information and/or documents on the compliance of the registrar and its information system with the requirements of these Instructions within seven working days;
provide performance of requirements of the legislation on the information, informatization and protection of the information (including personal data) at its reception, gathering, processing, accumulation, storage, transfer and granting, use of the information, including at interaction with owners of domains, functioning of information system and its interaction with a software and technical complex;
within three years from the term expiry of the registration agreement of domain names, if a longer period is not provided by the legislation in the field of archiving and record management, to store applications and agreements on domain names registration, information on agreements on registration of the third and subsequent level domain names (date of conclusion and agreement number, validity period, information about the person who signed the agreement on behalf of the applicant), other information identifying the applicants, information about domain owners, information and documents related to the transfer of domain administration rights;
in case of liquidation or termination of activities for the registration of domain names, (including unilateral refusal of the administrator of the national domain zone to fulfill the cooperation agreement) to transfer information on agreements on domain names registration (date of conclusion and agreement number, validity period, information about the person who signed the agreement on behalf of the applicant), other information identifying the applicants, information about domain owners and about transfer of domain administration rights, archive base of applications to the technical administrator of the national domain zone;
fulfil other requirements of the present Instructions and other legislation on the issues of domain names registration in the national domain zone, conditions of the cooperation agreement.
14. The registrar has no right to register domain names in the national domain zone with respect to himself.
CHAPTER 3
DOMAIN NAME REGISTRATION*
15. To register a domain in the national domain zone, the applicant enters into an agreement with the registrar for the domain name registration (hereinafter - the registration agreement).
16. Registration agreements with applicants - legal entities of the Republic of Belarus, individual entrepreneurs of the Republic of Belarus, as well as individuals permanently residing in the Republic of Belarus, are concluded and executed directly by the registrar.
The registrar, taking into account the legislation requirements, including these Instructions, has the right to instruct foreign legal entities to enter into agreements that provide registration of domain names in the national domain zone with respect to non-resident applicants **. The rights and obligations under such agreements concluded on behalf of the registrar by a foreign legal entity must arise directly with the registrar.
Information on the foreign legal entity, which is specified in the second part of this clause, in the amount provided in the fourth sub-paragraph of the first part of the clause 18 of these Instructions is entered into the database by the registrar upon registration of the corresponding domain name.
____________________
* In the chapters 3-9 of the Instructions terms “domain name”, “domain” mean second level domain names (domains).
** For the purposes of this Instructions, a non-resident means foreign legal entities, foreign individual entrepreneurs, citizens or subjects of a foreign state, stateless persons who do not have a permanent residence permit in the Republic of Belarus.
17. The registration agreement is concluded in writing.
The acceptance by the applicant of the registrar's proposal to conclude a registration agreement may be expressed in accordance with the clause 3 of Article 404, the clause 3 of Article 408 of the Civil Code of the Republic of Belarus.
The registrar’s obligation on registering a domain name under the registration agreement arises from the moment the registrar receives the application of the applicant executed in accordance with the present Instructions and the payment for the domain registration.
An application may be submitted electronically in the manner defined in the registration agreement (in the registrar's proposal to conclude the registration agreement).
On the day the obligation to register arises, the registrar shall register the domain name by entering information about the domain, its owner, and other information provided by these Instructions into the database.
18. In the application for domain name registration, the applicant must indicate the following reliable information to be entered into the database:
individual - surname, first name, patronymic (if any), place of residence (post address), identity document data (type of document, series (if any) and number, identification number (if any), date of issue, name of the issuing authority), e-mail address, contact telephone number;
individual entrepreneur - information specified in the second sub-paragraph of this part, as well as information on state registration (registration or other identification number, name of the body (organization) that carried out state registration, registration date, decision number (if any));
legal entity - full name, location (post address), information on state registration (registration or other identification number, name of the body (organization) that carried out state registration, date of registration, decision number (if any)), payer’s account number (if any), e-mail address, contact telephone number, surname, first name, patronymic (if any) of the head.
Before entering the information into the database, the registrar has the right to request, and the applicant is obliged to submit documents confirming the reliability of the information specified in the application. In this case, the registrar's obligation to register the domain arises after the applicant submits supporting documents.
19. Domain administration rights arise from the moment the registrar enters information about the domain and its owner into the database.
The period of validity of domain administration rights may not exceed the period of validity of a domain name registration.
20. When resolving disputes related to the sequence of occurrence of the rights for administering a domain name, all other things being equal, the priority is determined by the date and time when the applicant made all the actions necessary for the occurrence of the registrar’s obligation to register a domain name.
21. The domain name registration is valid for one or two years as may be chosen by the applicant and is specified in the application for domain registration.
The expiration of the validity period of the registration agreement is determined by the expiration of the validity period of the domain name registration.
22. The domain registration validity period can be extended an unlimited number of times by renewing the registration agreement each time for one or two years at the choice of the domain owner.
The registrar no later than one month before the expiration of the registration agreement sends a reminder to the domain owner about the expiration of the registration agreement and the possibility of its renewal.
The domain owner has the right to send an application for renewal of the registration agreement and to pay for the renewal of the domain registration not earlier than two months before the current registration expires.
23. The registration agreement is considered to be renewed after the registrar receives an application for renewal and payment for the renewal of the domain registration from the domain owner.
Information on the renewal of the domain name registration is entered by the registrar into the database.
24. If on the expiration date of the registration agreement the domain owner has not taken any actions to renew the domain name, the registrar will cancel the registration of the domain name.
25. In the event that a domain name registration expires during the period when the administration of the domain has been suspended, the period of validity of the registration shall be extended until the period of such suspension expires, unless otherwise specified in the relevant decision on suspension of the domain administration.
26. If during the period of validity of the registration agreement the registering authority made a decision to make an entry in the Unified State Register of Legal Entities and Individual Entrepreneurs about the exclusion of the domain owner (legal entity or individual entrepreneur) from this register in connection with the liquidation (termination of activity), the obligations of the registrar under the registration agreement with such domain owner are terminated, and the entry on registration of the domain name by the registrar is canceled.
27. The owner of the domain name is obliged to:
comply with the purposes of domain registration specified in the first part of the clause 3 of the present Instructions;
inform the registrar of all changes in the information on the domain owner made in the database within seven working days from the moment of such changes;
within seven working days upon the request of the registrar and/or the administrator of the national domain zone to present the documents confirming the reliability of the data on the domain owner and other information entered into the database (including an identification document - for individuals and individual entrepreneurs, documents on state registration (if necessary, an extract from the commercial register of the country of establishment or other equivalent proof of legal status in accordance with the legislation of the country of establishment (register of the country of establishment)). - for legal entities and individual entrepreneurs);
not later than the day following the day of receipt from the owner of the corresponding domain of the third and subsequent levels of information to be entered into the database, transfer such information to the registrar;
fulfill other obligations stipulated by the present Instructions and other legislation on the issues of registration of domain names in the national domain zone, as well as by the registration agreement.
28. During the term of the registration agreement, the registrar provides for the registered domain:
entering information into the database in accordance with the requirements of the present Instructions, including on the basis of the domain owner's applications;
proper interaction of the registrar's information system with the software and hardware complex;
fulfillment of other obligations stipulated by the present Instructions and other legislation on the issues of the domain names registration in the national domain zone, as well as by the registration agreement.
CHAPTER 4
SUSPENSION OF DOMAIN NAME ADMINISTRATION
29. Domain name administration may be suspended:
by the administrator of the national domain zone in cases provided for by the present Instructions;
by the court in cases related to the registration and/or use of a domain name;
by the court executor within the framework of taking measures to ensure the execution of the enforcement document in accordance with the established procedure (prohibition of the debtor (domain owner) to perform certain actions).
30. The decision of the administrator of the national domain zone on suspension (cancellation of suspension) of the domain administration shall be executed in the form of a letter on the blank, signed by the head or his deputy and sent to the registrar and the domain owner.
31. Upon receipt of information about the suspension (cancellation of suspension) of the domain administration the registrar on the day of receipt of such information shall take measures to temporarily block (cancellation of suspension) the technical possibility of changing the relevant information entered into the database in respect of the domain name. If necessary, such measures may be implemented by the administrator of the national domain zone.
CHAPTER 5
DOMAIN NAME DELEGATION
32. Domain delegation shall be implemented on the basis of information entered by the registrar into the database upon application of the domain owner (applicant).
The application shall specify information on domain names servers (DNS) associated with the domain, which ensure its operation, and (or) network addresses.
33. Within the term of the registration agreement, the domain owner shall have the right to send applications to the registrar for change of information for domain delegation (including for suspension or renewal of domain delegation), except for periods when administration and/or delegation of a domain is suspended in accordance with these Instructions.
34. Domain delegation can be suspended:
by the administrator of the national domain zone in cases provided in these Instructions;
by the court when considering cases relating to the registration and (or) use of a domain name;
by the court executor within the framework of taking measures to ensure the execution of the enforcement document in accordance with the established procedure (prohibition the registrar from performing certain acts or obligations towards the debtor (domain owner)).
35. The decision of the administrator of the national domain zone on suspension (cancellation of suspension) of domain delegation shall be executed in the form of a letter on the blank, signed by the head or his deputy and sent to the registrar and the domain owner.
36. Upon receipt of information about the suspension (cancellation of suspension) of domain delegation, the registrar on the day of receipt of such information takes measures to temporarily block cancellation of suspension) of the technical possibility of using the information entered into the database for a named reference to an Internet resource corresponding to the domain. If necessary, such measures may be implemented by the administrator of the national domain zone.
37. The registrar takes actions to suspend domain delegation in the case provided for in the first sub-paragraph of the third part of the clause 44 of these Instructions.
38. Domain delegation is terminated by the registrar:
in case of cancellation of the domain name registration record;
on the basis of the court decision.
CHAPTER 6
DOMAIN NAME TRANSFER
39. The domain name transfer is performed on the basis of applications of the domain owner sent to the registrar with whom the registration agreement was concluded, and to the registrar with whom a new registration agreement is expected to be concluded.
In case of transfer, the domain owner concludes a registration agreement with the new registrar with a validity period until the expiry of the domain name registration stipulated by the registration agreement with the former registrar.
The transfer operation (including the conclusion of the registration agreement with the new registrar) is carried out within seven working days from the receipt of the domain owner’s application by the current registrar.
40. In case of making a decision to liquidate or terminate activities for the registration of domain names (including in case of unilateral refusal of the administrator of the national domain zone to fulfill the cooperation agreement), the registrar within 10 working days must notify domain owners about the need of transfer.
Domain owners have the right to perform a transfer operation within 10 working days from the receipt of such a notification.
After the expiration of the time period specified in the second part of this clause, provision of domain name functioning, for which no transfer has been made, is transferred by the registrar to the technical administrator of the national domain zone.
If during the term of the registration of a domain, whose provision of functioning is transferred to the technical administrator of the national domain zone, its owner does not enter into a registration agreement with the new registrar, the technical administrator of the national domain zone will cancel domain name registration.
CHAPTER 7
TRANSFER OF THE RIGHTS FOR DOMAIN NAME ADMINISTRATION, WAIVER OF SUCH RIGHTS
41. The rights for domain administration, unless otherwise stipulated by legislative acts, can be transferred by the domain owner to another person under the agreement on assignment (cession) of such rights on the basis of a court decision, and also may be transferred by inheritance or by succession in case of reorganization of a legal entity.
42. The transfer of the rights for domain administration under the agreement is allowed only within the validity period of domain name registration.
In order to enter information on the transfer of the rights for domain administration under the agreement into the database, the domain owner submits to the registrar an application for the transfer of such rights and information about the agreement on assignment (cession) of domain administration rights, and the person to whom these rights are transferred submits an application containing consent to the acceptance of rights under the agreement and information in the amount provided in the first part of the clause 18 of these Instructions.
From the moment the registrar enters information about the new domain owner into the database, the new owner of the domain has the rights to its administration, while the mutual rights and obligations of the parties under the registration agreement act with regard to changes of the domain owner.
43. Information about the change of the domain owner can be entered into the database on the basis of a court decision.
The registrar has the right to request information about the domain owner to whom the rights to administer the domain name have been transferred on the basis of a court decision to the extent provided by the first part of the clause 18 of these Instructions.
Domain administration rights arise for the new domain owner from the moment the registrar enters such information into the database, unless otherwise established by a court decision.
44. The transfer of the rights for domain administration by inheritance is possible in case of entering into inheritance and submitting by the heir within the period of validity of the domain name registration to the registrar of documents confirming the entry into the inheritance. In this case, in the event of death of the domain owner the term of validity of the domain name registration may be extended in accordance with the procedure similar to that established in the clauses 22 and 23 of the present Instructions at the request of an interested person within the framework of taking in accordance with the legislation measures to protect the rights to the administration of the domain and to manage them as part of the inheritance.
In order to enter information into the database about the transfer of the rights for domain administration by inheritance, the heir shall submit to the registrar an application containing information in the amount provided in the clause 18 of these Instructions, as well as documents confirming entry into the inheritance.
If the registrar has information about the death of the domain owner, the registrar within a reasonable period of time on the basis of the contact information of the domain owner entered in the database, sends a notice by e-mail and postal communication with the proposal to take measures to protect the rights to administer and manage the domain as part of the inheritance. In case of failure to take such measures within 10 working days from the date of the last notification, the Registrar shall suspend the delegation of the respective domain name. The registrar resumes delegation of this domain in the following cases:
entering into inheritance and performing by the heir of actions necessary to transfer the rights for domain administration in the order established by the first and second parts of this clause;
adoption in accordance with the legislation of measures for protecting the rights for domain administration and managing them as part of the inheritance.
In case of failure to provide the registrar with the documents required for entering the database of information on transfer of domain administration rights by inheritance during the validity period of domain name registration, the registrar will cancel the record on the domain name registration.
45. In order to enter information about the transfer of the rights for domain administration in the order of succession in case of reorganization of a legal entity, the successor submits to the registrar an application specifying information about himself in the amount provided in the fourth sub-paragraph of the first part of the clause 18 of these Instructions, as well as documents confirming the fact of succession (documents on state registration, certificate of transfer or division balance sheet or a certified extract from them, allowing the registrar to determine the fact of succession). The rights for domain administration arise with the new domain owner from the moment the registrar enters such information into the database.
46. The registrar enters information about the new domain owner into the database not later than the day following the day of receipt of the application (if necessary) and documents confirming the transfer (change, transfer) of the rights for domain administration in accordance with these Instructions.
47. The domain owner is entitled to waive the rights for domain administration at any time during the domain registration validity period, except for the period of suspension of domain administration.
In order to waive the rights for domain administration, the domain owner submits the application to the registrar.
The waiver of the rights for domain administration is an unilateral refusal by the domain owner to perform the registration agreement and it entails cancellation of the domain name registration record by the registrar.
CHAPTER 8
RESPONSE MEASURES FOR VIOLATIONS OF THE ORDER OF DOMAIN NAMES REGISTRATION
48. Failure by the registrar, applicant and/or domain owner to comply with the requirements provided for by the present Instructions and other legislation on domain names registration in the national domain zone shall be deemed violations of the order of domain names registration (hereinafter unless otherwise stated – the violations), including:
failure of the domain owner to comply with the purposes of the domain registration specified in the first part of the clause 3 of the present Instructions;
failure to comply with the requirements specified in the clause 6, 16 and 17 of the present Instructions during the domain registration;
availability of incomplete and (or) inaccurate information on the domain owner in the database, as well as failure to comply with the requirements for their actualization;
failure by the domain owner to provide supporting document (the fourth sub-paragraph 4 of the clause 27 of the present Instructions), upon request of the administrator of the national domain zone and/or the registrar;
non-fulfillment of the requirements in respect of the lower level domain names by the domain owner stipulated by Chapter 10 of the present Instructions;
violation of other requirements of this Instructions when entering information into the database, administration, delegation of the domain name (including in cases of its suspension), transfer of the domain, transfer of rights for its administration.
49. If a violation is detected, the administrator of the national domain zone sends a notification to the registrar.
In accordance with the competence defined by the legislation, the registrar can also be notified about a detected violation by courts and state bodies.
Other legal entities, individual entrepreneurs, individuals, including the right holders of registered means of individualization of participants in the civil transactions, goods (works, services), have the right to apply to the registrar with a notification of violation only if they have a final and binding court decision confirming the violations. Such notification shall contain the surname, first name, patronymic (if any), address of the place of residence of the individual or individual entrepreneur or full name and location of the legal entity, indication of the domain name, statement of the nature of the violation, the personal signature of the individual or the signature of the individual entrepreneur or the signature of the head (authorized person) of the legal entity.
If violations come from the registrar, he is obliged to eliminate them within a period not exceeding seven working days from the date of receipt of the notification.
If violations come from the domain owner, the registrar on the basis of the notification, not later than the working day following the day of its receipt, informs the domain owner who is obliged to eliminate the committed violations within a period not exceeding seven working days from date of his receipt of information about violations.
The registrar shall ensure that the information on the results of elimination of violations is sent to the administrator of the national domain zone with the attachment of supporting documents.
50. In case of independent detection of violations that come from the domain owner, the registrar informs the domain owner about such violations.
The domain owner shall be obliged to eliminate the violations within a period not exceeding seven working days from the moment of receiving information about violations.
If the violations revealed by the registrar are not eliminated in due time, the registrar shall send the information on such violations to the administrator of the national domain zone with the attachment of supporting documents.
51. Information about violations is entered by the registrar into the database.
52. In case of detection of violations and/or receipt of information about violations, the administrator of the national domain zone shall be entitled to suspend the administration and/or delegation of the domain.
53. For the purpose of an objective assessment of the circumstances of violations, the domain owner is entitled to provide the registrar with the appropriate explanations, including with regard to violations that cannot be eliminated.
54. The administrator of the national domain zone has the right to cancel the domain name registration record in case of:
non-elimination by the registrar and/or the domain owner of violations within the specified time period;
identifying the fact of repeated violation relating to the same domain name by the domain owner (within 12 consecutive months after informing on the elimination of the previous violation).
55. The decision of the administrator of the national domain zone on cancellation of the domain name registration record shall be executed in the form of a letter on the blank, signed by the head or his deputy and sent to the registrar and the domain owner.
56. Upon receipt of the decision of the administrator the national domain zone to cancel the registration of the domain name, the registrar shall take the necessary organizational and technical measures for its implementation. If necessary, such measures may be taken by the administrator of the national domain zone.
When canceling the domain name registration record, the registration agreement and the registrar's obligations under it shall be terminated.
CHAPTER 9
PECULIARITIES OF CONCLUDING AN AGREEMENT ON DOMAIN NAME REGISTRATION THROUGH THE AUCTIONING
57. Unless otherwise specified in these Instructions, the agreement for domain name registration, the registration record of which has been cancelled, shall be concluded through an auction.
The auction is held by the technical administrator of the national domain zone. The procedure for holding the auction shall be determined by the technical administrator of the national domain zone in coordination with the administrator of the national domain zone.
58. The funds to be paid by the person who has acquired the right to conclude a registration agreement as a result of the auction, other than the cost of registering a domain name, shall, at that person
's choice, be transferred to the charitable accounts of institutions providing conditions for the residence and maintenance of orphans, children left without parental care, children with disabilities as a donation without concluding a relevant agreement in writing.59. If the domain name was put up for an auction, but no bids were made on it, the technical administrator of the national domain zone removes the domain from the auction. After that, the domain name becomes available for registration on a general basis.
60. The technical administrator of the national domain zone has the right not to put up for an auction those domain names, the record of registration of which is cancelled, if they are identical or similar to the degree of confusion with the names of registered means of individualization of participants of civil transactions, goods (works, services). Such domains may be registered upon application of the right holder who has submitted documents confirming his rights to the appropriate means of individualization.
CHAPTER 10
PECULIARITIES OF REGISTRATION OF THE THIRD AND SUBSEQUENT LEVEL DOMAIN NAMES*
61. Registration of the third and subsequent levels domains (hereinafter - the lower level domain) is allowed if there is a registered domain of the second and subsequent levels respectively.
62. The owner of the lower level domain may be:
the owner of a second level domain;
the applicant who has concluded an agreement with the second level domain owner to ensure the operation of the lower level domain. At the same time, only this person may be the owner of the subsequent lower level domains.
63. The conditions for the registration of the lower level domains, taking into account the requirements of these Instructions, should be defined in the registration agreement of the corresponding second level domain.
64. To register the lower level domain in relation to himself, the owner of the second level domain submits an application stating the lower domain name to the registrar.
For the registration of the lower level domain in relation to an applicant who has entered into an agreement with a second level domain owner to operate a lower level domain, the second level domain owner shall submit an application to the registrar, which shall include reliable information on:
the lower level domain and its owner (to the extent specified in the first part of the clause 18 of these Instructions);
an agreement for ensuring the functioning of the lower level domain (date of conclusion and number, validity period, information about the person who signed it on behalf of the applicant).
The obligation of the registrar to register the lower level domain shall arise from the moment when the registrar receives an application of the second level domain owner executed according to the present Instructions.
On the day of occurrence of such an obligation the registrar shall register the lower level domain by entering information about the domain and its owner into the database.
65. The functioning of the lower level domain is allowed, and the rights for its administration arise from the moment the registrar enters the information about the domain and its owner into the database.
66. The period of validity of the registration of the lower level domain must not exceed the period of validity of the registration of the corresponding domain of the previous level.
67. The second level domain transfer involves the transfer of all lower level domain domains.
68. The owner of a lower level domain who has concluded an agreement with the second level domain owner to ensure the operation of the lower level domain shall be obliged to:
inform the owner of the second level domain about all changes in the information about the owner of the lower level domain made in the database within seven working days from the moment of such changes;
fulfill the obligations specified in the second, forth and fifth sub-paragraphs of the clause 27 of these Instructions;
fulfill other obligations stipulated by the present Instructions and other legislation on the issues of registration of domain names in the national domain zone, as well as by the agreement on ensuring the functioning of the lower level domain.
69. In the event that violations of the order of a lower level domain registration are detected, the registrar is notified, and the owner of such a domain and, if necessary, the owner of a second level domain are informed of violations in the manner similar to those specified in the clauses 49 and 50 of these Instructions.
The term for elimination of violations by the person from whom they come - not later than seven working days from the moment of receiving information on violations.
The registrar shall ensure that the information on the results of elimination of violations shall be sent to the administrator of the national domain zone with the attachment of supporting documents.
In case of failure to eliminate the revealed violations within the established term, the administrator of the national domain zone shall be entitled to cancel the record on the registration of the lower level domain name and (or) second level domain.
The decision of the national domain zone administrator on cancellation of the registration record of the lower level domain name shall be executed, directed and implemented in accordance with the procedure established in the clauses 55 and 56 of the present Instructions, while the owner of the second level domain shall be additionally informed if necessary.
In the event of cancellation of the registration record of a lower level domain name the agreement for ensuring its functioning shall be terminated. The owner of the second level domain shall be obliged to terminate the measures aimed at ensuring the operation of such lower level domain.
70. Cancellation of a domain name registration record will result in the cancellation of the registration records of all relevant lower level domains.
____________________
* Except for the domain names registration in ".gov.by" domain zone, the peculiarities of which are regulated by Chapter 11 of these Instructions.
CHAPTER 11
PECULIARITIES OF DOMAIN NAME REGISTRATION FOR STATE BODIES
71. Registration of domain names for state bodies in the domain zones “.бел”, “.gov.by” is performed by the administrator of the national domain zone free of charge.
72. State bodies before the appeal to the administrator of the national domain zone for domain name registration in the domain zones “.бел”, “.gov.by” conclude agreements for the provision of Internet services with the authorized Internet services providers specified by the Operative-Analytical Center under the President of the Republic of Belarus.
73. For domain name registration in the domain zones “.бел”, “.gov.by” state bodies fill in the application form with the help of the national automated information system (hereinafter – NAIS) according to Annex 3.
Domain name registration is carried out electronically through the NAIS during the day following the day when the application form is filled in by the state body.
To change the information entered in the database, the state body fills in an application to change such information in electronic form through the NAIS.
The notification of registration or changes in the database is sent electronically to the e-mail address specified by the state body.
74. Domain name registration or making changes to the database may be denied in cases stipulated by the clause 6 of the present Instructions, as well as in case of violation of requirements of the clauses 72 and 73 of these Instructions.
75. In the presence of information on violations of the procedure of domain name registration, the administrator of the national domain zone sends the appropriate notification to the state body. The state body is obliged to eliminate the committed violations within a period not exceeding seven working days from the date of receipt of information about violations.
76. The administrator of the national domain zone has the right to cancel the record about the domain name registration in case of:
failure of the state body to comply with the requirements on elimination of violations within the established term;
identifying the fact of repeated violation relating to the same domain name (within 12 consecutive months after informing on the elimination of the previous violation).
The decision of the administrator of the national domain zone on cancellation of the registration record of the domain name shall be executed in the form of a letter on the blank, signed by the head or his deputy.
CHAPTER 12
PECULIARITIES OF DOMAIN NAME REGISTRATION FOR THE ADMINISTRATOR OF THE NATIONAL DOMAIN ZONE
77. The administrator of the national domain zone independently (without concluding an agreement with the registrar) carries out domain names registration, including for the purposes of:
preventing the use by other persons in domain names of a combination of letters, numbers, symbols and (or) words (phrases) that do not comply with generally accepted moral and ethical standards, incite social, national, religious and race hatred, encourage violence, cruelty and other acts prohibited by law;
preventing violations of the domain name registration order;
ensuring national security in the information sphere.
Administration rights of such domains arise from the moment the relevant information is entered into the database.
78. The administrator of the national domain zone in relation to the domains of which he is the owner, is entitled independently to:
establish the term of validity of the registration, determine the purposes of registration of domains and the procedure for their use;
make, change and delete the database information;
cancel the records on domain name registration.
79. The technical administrator of the national domain zone shall provide technical maintenance of the domains of the administrator of the national domain zone, including in terms of ensuring delegation of such domains, free of charge.
CHAPTER 13
DATABASE, INFORMATION AND REFERENCE SYSTEM OF DOMAIN NAMES IN THE NATIONAL DOMAIN ZONE
80. The database is formed and maintained in order to record domain names registered in the national domain zone, including:
fixation of rights for their administration;
creating conditions for addressing the Internet resources;
compliance with the law and prevention of violations of the rights of individuals, individual entrepreneurs and legal entities, as well as the Republic of Belarus, related to the functioning of such domain names.
81. The database includes:
81.1. information on:
a registered domain name and its owner;
domain name servers (DNS) that support the functioning of the domain, network addresses;
exercising the powers of domain name administration and delegation, as well as restrictions of such powers;
cancellation of the record on domain name registration;
holding auctions for the right to conclude registration agreements;
violations of the domain name registration order;
registrars;
81.2. other information provided by the present Instructions.
82. The database is formed and maintained in electronic form.
83. The database is formed on the basis of the data entered into it:
by registrars;
by the technical administrator of the national domain zone;
by the administrator of the national domain zone.
84. Entry of data into the database by registrars is implemented through the interaction of the registrar
's information system with the software and hardware complex.The technical administrator of the national domain zone shall provide the registrar with access to the database to the extent necessary to perform the functions of domain name registration stipulated in the present Instructions, and only in respect of the administered domains registered by this registrar.
The order of information interaction between registrars and the technical administrator of the national domain zone for the purposes of domain names registration shall be determined by agreement between these persons with the observance of the requirements of the present Instructions, other legislation on the issues of domain names registration in a national domain zone, as well as legislation on information, informatization and information protection.
85. The database maintenance, including its technical support, definition of the structure and format is carried out by the technical administrator of the national domain zone.
The technical administrator of the national domain zone shall ensure the database maintenance:
entering the information into the database within the scope of his functions;
interaction of the software and hardware complex with the NAIS in order to provide information from the database;
use of the information contained in the database in the infrastructure of the technical administrator of the national domain zone, through which the national domain zone is functioning;
placement of the software and hardware complex on the territory of the Republic of Belarus and its modernization;
creation and maintenance of the information-reference system on domain names in the national domain zone ("WHOIS" service);
meeting the requirements for the protection of information in accordance with the legislation on information, informatization and information protection.
86. The administrator of the national domain zone:
uses the database free of charge, has access to it, including remote access, under an agreement with the technical administrator of the national domain zone;
independently decides on the use of information contained in the database, including its subsequent transfer;
is entitled to receive, and the technical administrator of the national domain zone is obliged to provide upon request a copy of the database (full information array).
87. On the basis of the information entered into the database, an information and reference system on domain names in the national domain zone (service "WHOIS") is created and operates, through which open access to information on domain names registered in the national domain zone, including their owners, is provided on the Internet network.
The placement of the personal data of the domain name owner in the mentioned system - an individual, with the exception of an individual acting as an individual entrepreneur, shall be performed with his consent.
The information and reference system on domain names in the national domain zone shall meet the requirements according to Annex 4.
88. The information on the domain names registered in the national domain zone, including their owners who have refused to place personal data in the information and reference system on domain names in the national domain zone, is given without the consent of the domain owner in electronic form free of charge to the state bodies, courts, notaries for performance of tasks and functions assigned to them by the legislation through NAIS.
The organization of provision of information from the database through the NAIS is carried out on the basis of an agreement between the technical administrator of the national domain zone and the NAIS operator.
For the purposes of this paragraph, the following information is provided from the database:
the administered domain name and its owner (to the extent provided for in the first part of the clause 18 of these Instructions);
registrar of the domain name;
date of registration, expiration of the domain name registration, last modification of the database;
information on domain names servers (DNS) ensuring the functioning of the domain, network addresses.
The provision of information to state bodies, courts, notaries shall be carried out through the NAIS unified portal of electronic services on the basis of the agreement for provision of electronic services concluded with the NAIS operator.
The conditions for the provision of electronic services of the NAIS to provide information from the database are:
priority for centralized use of electronic services;
identification of specific officials (employees) who receive information in the framework of such electronic services.
The agreement for the provision of electronic services is concluded after the NAIS operator and the administrator of the national domain zone have agreed upon the reasons given by the customer (recipient) for receiving the information from the database.
89. The persons not specified in the first part of the clause 88 of the present Instructions shall be provided by the technical administrator of the national domain zone with the information about the domain names registered in the national domain zone, including the information about their owners who refused to place their personal data in the information and reference system about the domain names in the national domain zone, in the order and on the conditions determined by the second and third parts of the sub-clause 1.3 of the clause 1 of the Decree of the President of the Republic of Belarus dated September 18, 2019 No. 350.
90. The persons who have received information from the database, are responsible for the legality of their receipt of personal data domain owners and are obliged to:
comply with the requirements of the legislative acts to the procedure for collecting personal data as regards the purposes of such collection;
take the necessary measures to protect the information received, including personal data, and use it only for the purposes for which it was provided, in compliance with the requirements of legislation on information, informatization and data protection;
keep the personal data collected no longer than is necessary for the purposes for which it was collected and used, as well as the requirements of the legislation in the field of archiving and records management.
91. Issues related to the provision of information from the database on the basis of written requests, not regulated by these Instructions, shall be resolved in accordance with legislative acts, which define the right to receive information from the database.
CHAPTER 14
TECHNICAL ADMINISTRATOR OF THE NATIONAL DOMAIN ZONE
92. The technical administrator of the national domain zone may be a registrar determined by the administrator of the national domain zone based on the results of the competition conducted in the manner determined by the administrator of the national domain zone.
The competition is held once every 10 years after the International Internet Corporation for Assigned Names and Numbers (ICANN) makes a decision on transferring the rights for technical administration of the national domain zone (changing the Technical Contact).
The competition can be conducted in advance by the decision of the administrator of the national domain zone in case of:
identification by the administrator of the national domain zone of violations of the requirements of these Instructions, other legislation on domain names registration in the national domain zone, as well as agreements concluded with the administrator of the national domain zone, by the technical administrator of the national domain zone;
liquidation of the technical administration of the national domain.
To perform the functions of the technical administrator of the national domain zone by the new registrar, the acting technical administrator of the national domain zone within the term not exceeding one month from the moment of announcement of the competition results:
transfers to the administrator of the national domain zone and to the new technical administrator of the national domain zone a copy of the database (full information array), as well as documents and information determined by the International Internet Corporation for Assigned Names and Numbers (ICANN);
upon transfer, ensures that the information in the database is deleted, except for information necessary to continue the functions and duties of the registrar (unless the loss of the status of the national domain administrator is related to the loss of the status of registrar).
At the same time, an existing technical administrator of the national domain zone must maintain the operation of the national domain zone until a new technical administrator of the national domain zone is ready to carry out its duties and responsibilities. Such activities shall be performed in cooperation with the administrator of the national domain zone and under his coordination.
93. The technical administrator of the national domain zone:
ensures the functioning of the national domain zone, including in terms of database maintenance, application of necessary information technologies and infrastructure for this purpose, approves the protocol of interaction of the registrar's information system with the software and hardware complex;
for a fee, provides registrars with maintenance services for domain names in the national domain zone. At the same time, the cost of annual maintenance of a domain name in the national domain zone can be changed taking into account the change of the consumer price index for the previous year in relation to the preceding year, changes of economically justified costs for technical support of the database that could not be foreseen at the time of the initial cost calculation, or in connection with changes to the legislation;
conducts tests of registrars' information systems for compliance with the requirements of Annex 2 in terms of interaction with the software and hardware complex;
fulfils other duties stipulated by the present Instructions, other legislation on the issues of registration of domain names in the national domain zone, as well as agreements concluded with the administrator of the national domain zone.
__ __________ 20__.
Minsk
The Operative-Analytical Centre under the President of the Republic of Belarus, hereinafter referred to as "the administrator of the national domain zone", represented by ________________________________________________, acting on the basis of _______________________________________, on the one hand, and ________________________ (registrar name) hereinafter referred to as “the registrar”, represented by_________________________________________ acting on the basis of__________________________on the other hand, collectively referred to as “the parties”, have concluded this agreement as follows:
1. The Parties are obliged to cooperate under the terms and conditions provided for in this agreement when the registrar performs activities for domain names registration in the national domain zone.
2. The Registrar is obliged to:
carry out activities for domain names registration in accordance with the legislation of the Republic of Belarus, including the Instructions on domain names registration in the national domain zone approved by the Order of the Operative-Analytical Centre under the President of the Republic of Belarus No. 47 dated June 18, 2010 (hereinafter – the Instructions);
ensure proper interaction of the information system of domain names registration (hereinafter – the Information system) with the complex of software and hardware tools of the technical administrator of the national domain zone, ensuring the maintenance of a centralized database of domain names registered in the national domain zone, including their owners;
notify the administrator of the national domain zone and the technical administrator of the national domain zone about any changes in contact details of the registrar’s specialists authorized to hold activities on the domain names registration;
provide the administrator of the national domain zone, the technical administrator of the national domain zone, upon their request, with the necessary information and/or documents on domain name registration within seven working days;
provide the administrator of the national domain zone, upon request, with the necessary information and/or documents on compliance of the registrar and the registrar's information system with the requirements of the Instructions within seven working days;
in accordance with the legislation, verify the information about the applicant (domain name owner);
take measures for preventing, detecting and suppressing violations of the procedure for domain names registration in the national domain zone and violations of the law with the use of domain names;
provide access to the administrator of the national domain zone and the technical administrator of the national domain zone to archive databases of applications for the entire period of domain name registration activities;
carry out an internal audit of the information system protection system and annually before March 1 to submit to the administrator of the national domain zone a conclusion on the results of such audit, on its basis to plan and implement measures to ensure information protection;
provide access to software and hardware tools and information of information systems to representatives of the national domain administrator to determine the compliance of the information system with the requirements set forth in Annex 2 to the Instructions;
fulfill other requirements and obligations stipulated by the Instructions, other legislation on domain names registration in the national domain zone.
3. This Agreement is concluded for an indefinite period.
4. This Agreement may be terminated:
by mutual consent of the parties completed in the form of an additional written agreement;
by unilateral refusal of the administrator of the national domain zone from executing the agreement in case of violation by the registrar of the terms of this agreement, as well as the requirements of the legislation regulating the issues of domain names registration in the national domain zone;
by unilateral refusal of the registrar from executing the agreement provided that the administrator of the national domain zone is notified about the decision to terminate this agreement at least two months prior to the proposed termination date, and that the registrar complies with the procedure for termination of his functions for registering domain names.
5. The parties are obliged to settle any dispute or disagreement relating to this Agreement by means of negotiations.
6. If the parties fail to settle all disputes in accordance with paragraph 5 of this Agreement, all disputes arising from this Agreement, including those related to its conclusion, amendment, termination, performance, invalidity, shall be settled by legal means in accordance with the legislation of the Republic of Belarus.
7. All issues not settled by this Agreement shall be resolved in accordance with the legislation of the Republic of Belarus.
8. This agreement is made in two copies (one copy for each party) having equal legal force.
| On behalf of | On behalf of |
| the Operative-Analytical Centre | the Registrar |
| under the President | |
| of the Republic of Belarus | |
| (position, surname, initials) |
use of secure network protocols for its remote management;
performing daily backup of information ensuring the integrity and complete recovery of data in the event of software and (or) hardware failures.
2. Ensuring the interaction with the software and hardware complex through the xRRP interaction protocol (XML Registry-Registrant Protocol) for the purposes of domain names registration in the national domain zone, formation and maintenance of the database, taking into account the requirements of the legislation on domain names registration in the national domain zone.
3. Availability of uninterrupted power supply.
1. Domain name _____________________________________________________________
Information about the domain name owner
2. Name of the state body________________________________________
3. Location__________________________________________________________
4. Contact telephone number(s) _____________________________________________
5. E-mail address____________________________________________________
Information about domain name servers (DNS) that support the functioning of the domain, network addresses
6. Main domain name server (DNS)_______________________________________
7. Main network address ____________________________________________________
8. Secondary domain name server (DNS)_________________________________
9. Secondary network address ______________________________________________
1. The information and reference system of domain names in the national domain zone (WHOIS service) must contain the following information:
1.1. in case of domain name registration by an individual who has given his/her consent to the placement of personal data in it:
surname, given name, patronymic (if any);
country (two-letter code according to ISO 3166-1 alpha-2);
place of residence (post address);
contact telephone number *;
e-mail address;
1.2. in case of domain name registration by an individual who has not given his/her consent to the placement of personal data in it:
indication of the absence of such consent;
1.3. in case of domain name registration by an individual entrepreneur:
indication of the status of the individual entrepreneur;
surname, given name, patronymic (if any);
country (two-letter code according to ISO 3166-1 alpha-2);
registration or other identification number;
place of residence (post address);
contact telephone number *;
e-mail address;
1.4. in case of domain name registration by a legal entity:
name;
country (two-letter code according to ISO 3166-1 alpha-2);
registration or other identification number**;
location (post address);
contact telephone number;
e-mail address.
____________________
* Placed with the consent of the domain owner.
** With the exception of domain names registered in "бел" and ".gov.by" domain zones in accordance with Chapter 11 of this Instruction.
2. The information and reference system for domain names in the national domain zone ("WHOIS" service) contains additional information about:
domain name registrar;
dates of registration, expiration of the second level domain name registration, last modification of the database;
domain names servers (DNS), which ensure the functioning of the second level domain name, network addresses.
3. Information on the domain owner shall be entered into the "WHOIS" service in UTF-8 encoding
Сведения о владельце домена вносятся в сервис «WHOIS» в кодировке UTF-8.4. The "WHOIS" service shall provide for the function of feedback from the domain name owner by sending an e-mail to the address entered into the database.
5. The domain name of the Internet resource through which the "WHOIS" service operates shall be registered in the national domain zone.