ORDER №138 ON ADMINISTRATION OF THE NATIONAL DOMAIN ZONE

ON ADMINISTRATION OF THE NATIONAL DOMAIN ZONE

On the basis of paragraph four of part one, part two of paragraph 13 of the Decree of the President of the Republic of Belarus dated February 1, 2010 N 60 “On measures to improve the use of the national segment of the Internet”, part two of subclause 1.2 and part one of subclause 1.3 of clause 1 of the Decree of the President of the Republic of Belarus dated September 18, 2019 N 350 “On the peculiarities of using the national segment of the Internet” I ORDER:

1. Introduce the following changes to the order of the Operational and Analytical Center under the President of the Republic of Belarus dated June 18, 2010 N 47 “On registration of domain names in the national domain zone”:

1.1. clause 1 shall be stated in the following wording:

“1. Approve the Instruction on registration of domain names in the national domain zone (attached).”;

1.2. in the Instructions on registration of domain names in the national domain zone, approved by this order:

parts one and two of clause 8 shall be supplemented with the words “, the legislation on personal data”;

clause 12 shall be stated in the following wording:

“12. A legal entity planning to register domain names acquires the status of a registrar and gains access to the database to perform the functions of a registrar after concluding an agreement on interaction and an agreement with the technical administrator of the national domain zone for the provision of services for the maintenance of domain names.”;

the fourth paragraph of clause 13 shall be stated in the following wording:

“ensure compliance with the requirements of legislation on information, informatization and protection of information, legislation on personal data when carrying out activities for registering domain names, including in the process of functioning of the information system and its interaction with the software and hardware complex, when processing personal data, interacting with domain owners;”;

in part five of clause 49 and part two of clause 50, the words “receiving information by him” shall be replaced by the word “notifications”;

clause 57 shall be supplemented with the following part:

“A domain name whose registration record has been cancelled is put up for auction no later than 30 calendar days from the day the record was cancelled.”;

clause 60 shall be supplemented with the following content:

“A domain name, the registration record of which has been cancelled due to the expiration of the registration agreement, can be registered by the technical administrator of the national domain zone without being put up for auction within 10 calendar days after the cancellation of the registration record of such a domain name at the request of its previous owner.”;

in the second part of clause 69 the words “obtaining information” shall be replaced by the word “notifications ”;

in clause 71 the words “administrator of the national domain zone free of charge” shall be replaced by the words “technical administrator of the national domain zone free of charge for registration ”;

clause 72 after the words “reference to” shall be supplemented with the word “technical”;

clause 73 shall be stated in the following wording:

“73. To register a domain name in the “.bel” and “.gov.by” domain zones, the state body, through the national automated information system (hereinafter referred to as the NAIS), fills out an application in electronic form in the form according to the appendix 3.

Registration of a domain name is carried out electronically through the NAIS no later than the day following the day the state body fills out the application.

The rights of a state body to administer a domain name arise from the moment information about the domain and its owner is entered into the database and are not limited to a period.

To change the information entered in the database, including in case of waiver of the rights to administer a domain name, the state body, through the NAIS, electronically makes appropriate adjustments to the application.

Notification of registration of a domain name or changes to the database, including the cancellation of a record of registration of a domain name, is sent by the technical administrator of the national domain zone in electronic form to the e-mail address specified by the state body.”;

in clause 75 the word “availability” shall be replaced by the words “receipt from the technical administrator of the national domain zone”;

paragraph one of part one of clause 77 after the words “for oneself” shall be supplemented with the words “(including those subject to exhibiting and (or) put up for auction)”;

part three of clause 84 and paragraph seven of part two of clause 85 shall be supplemented with the words “, of the legislation on personal data”;

in clause 90:

paragraph two shall be amended as follows:

“comply with the requirements of legislative acts for the procedure for processing personal data;”;

the third paragraph shall be supplemented with the words “legislation on personal data”;

the fourth paragraph shall be stated in the following wording:

“store the received personal data for no longer than the stated purposes of processing personal data require.”;

Chapter 14 should be amended as follows:

“CHAPTER 14
TECHNICAL ADMINISTRATOR OF THE NATIONAL DOMAIN ZONE

92. The technical administrator of the national domain zone is appointed by the administrator of the national domain zone from among the registrars.

The decision of the administrator of the national domain zone to appoint the technical administrator of the national domain zone is formalized by order.

93. Not later than 30 calendar days from the date of entry into force of the decision to appoint the technical administrator of the national domain zone, the administrator of the national domain zone and the appointed technical administrator of the national domain zone enter into an agreement on interaction in the form according to Appendix 5.

94. Technical administrator of the national domain zone:

ensures the functioning of the national domain zone, including the maintenance of a database, the use of the necessary software and hardware, information technologies and infrastructure for these purposes, creates and maintains the conditions for the proper delegation of domain names registered in the national domain zone;

carries out tests of information systems of registrars for compliance with the requirements in accordance with Appendix 2 in terms of interaction with the software and hardware complex;

on a reimbursable basis, provides registrars with technical maintenance services for domain names in the national domain zone. At the same time, the change in the cost of annual maintenance of a domain name in the national domain zone can be carried out taking into account changes in the consumer price index for the previous year in relation to the previous one, changes in economically justified costs for technical maintenance of the database, or in connection with changes in legislation;

registers domain names for state bodies in the domain zones “.bel” and “.gov.by” without charging registration fees;

provides the administrator of the national domain zone upon his request within seven working days (unless a different period is specified in the request) with information and (or) documents on the functioning of the national domain zone, the performance of duties and functions of the technical administrator of the national domain zone;

ensures compliance with the requirements of legislation on information, informatization and protection of information, legislation on personal data;

within three years from the date of expiration of the contract for the provision of services for the maintenance of domain names in the national domain zone, is obliged to store information and documents related to the conclusion and execution of such an agreement;

takes measures to prevent, detect and suppress violations of the procedure for registering domain names in the national domain zone, violations of the law using domain names;

develops and approves the documentation necessary to perform the duties and functions of the technical administrator of the national domain zone;

performs other duties and functions stipulated by this Instruction, other legislation on registration of domain names in the national domain zone, as well as an agreement on cooperation concluded with the administrator of the national domain zone.

95. The grounds for termination of the duties and functions of the technical administrator of the national domain zone are:

identification by the administrator of the national domain zone of violations by the technical administrator of the national domain zone of the requirements of this Instruction, other legislation on the registration of domain names in the national domain zone, as well as an agreement on interaction concluded with the administrator of the national domain zone;

termination by the technical administrator of the national domain zone of activity on registration of domain names;

making a decision to liquidate the technical administrator of the national domain zone;

other grounds provided for by the cooperation agreement concluded with the administrator of the national domain zone.

96. When changing the technical administrator of the national domain zone, the current technical administrator of the national domain zone within the timeframe specified in the decision to appoint a new technical administrator of the national domain zone:

transfers to the administrator of the national domain zone and the new technical administrator of the national domain zone a copy of the database (a complete array of information in electronic form), as well as documents and information determined by the International Organization for Assigned Addresses and Names on the Internet (ICANN);

after the transfer, ensures the removal of information from the database, with the exception of the information necessary to continue the activity of registering domain names (if the loss of the status of the technical administrator of the national domain zone is not associated with the loss of the status of the registrar);

provides assistance to the new technical administrator of the national domain zone (including, if necessary, provision of documents and information, organization of technical interaction) in order to create conditions for the delegation of domain names registered in the national domain zone, the smooth start of the provision of services for their maintenance;

in case of termination of activities for registration of domain names, in cooperation with the new technical administrator of the national domain zone, ensures the fulfilment of the requirements of paragraph six of clause 13, clause 40 of these Instructions;

takes other organizational and technical measures specified in this decision.

The current technical administrator of the national domain zone is obliged to maintain the functioning of the national domain zone until the new technical administrator of the national domain zone is ready to perform his functions and duties. Such activities are carried out in cooperation with the administrator of the national domain zone and under his coordination.”;

in clause 2 of Annex 2 to these Instructions, the words “xRRP (XML Registry-Registrant Protocol)” shall be replaced by the words “approved by the technical administrator of the national domain zone,”;

supplement the Instructions with Annex 5 (attached).

2. To appoint from January 1, 2022 the joint limited liability company "Belarusian Cloud Technologies" as the technical administrator of the national domain zone (hereinafter - the new technical administrator of the national domain zone).

3. To the current technical administrator of the national domain zone until January 1, 2022.:

transfer to the Operative-Analytical Center under the President of the Republic of Belarus and the new technical administrator of the national domain zone a copy of the centralized database of domain names registered in the national domain zone, including their owners (hereinafter referred to as the database) (full array of information in electronic form) , as well as documents and information defined by the International Organization for Assigned Addresses and Names on the Internet (ICANN);

provide assistance to the new technical administrator of the national domain zone (including the provision of documents and information, if necessary, organization of technical interaction) in order to create conditions for the delegation of domain names registered in the national domain zone, the smooth start of the provision of services for their maintenance.

4. The new technical administrator of the national domain zone shall take the necessary organizational and technical measures to ensure the performance of the duties and functions of the technical administrator of the national domain zone from January 1, 2022.

5. The new technical administrator of the national domain zone, other legal entities that register domain names in the national domain zone and participate in the formation of the database, must ensure, by January 1, 2022:

testing information systems for registering domain names for their interaction with the software and hardware complex of the new technical administrator of the national domain zone;

if necessary, refinement of information systems for registration of domain names;

conclusion of contracts for the provision of services for the maintenance of domain names in the national domain zone with the date of their entry into force from January 1, 2022.

6. For the current technical administrator of the national domain zone, from January 1, 2022, to terminate the duties and functions of the technical administrator of the national domain zone, delete information from the database, with the exception of the information necessary to continue the activity of registering domain names (if such activity continues) , and by January 10, 2022 inform the Operative-Analytical Center under the President of the Republic of Belarus about this.

7. This order comes into force after its official publication.

Agreement

on the interaction of the Operative-Analytical Center under the President of the Republic of Belarus and ________________________________________________ (name of the registrar)
when carrying out activities to ensure the functioning of the national domain zone
__ __________ 20__ city of Minsk
Operative-Analytical Center 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 _____________________________________________________, (name of the registrar)
hereinafter referred to as the “technical administrator of the national domain zone”, represented by ____________________________________________, acting on the basis of _______________________________________, on the other hand, collectively referred to as “the parties”, have entered into this agreement as follows:

1. The parties undertake to cooperate on the terms provided for in this agreement when the technical administrator of the national domain zone carries out activities to ensure the functioning of the national domain zone.

2. The technical administrator of the national domain zone carries out activities to ensure the functioning of the national domain zone in accordance with the Instruction on the registration of domain names in the national domain zone, approved by order of the Operative-Analytical Center under the President of the Republic of Belarus dated June 18, 2010 N 47, other legislation, as well as taking into account the principles of building the global computer network Internet (hereinafter referred to as the Internet) and interaction with competent international organizations.

3. The technical administrator of the national domain zone is obliged:

to ensure the availability and (or) use, uninterrupted operation (operation) of software and hardware, information technologies and infrastructure necessary for the stable operation of the national domain zone, including for registration, delegation and maintenance of domain names;

to create and maintain conditions for the proper maintenance of a centralized database of domain names registered in the national domain zone, including their owners, for interaction with information systems for registering domain names of registrars, a national automated information system;

within its powers to interact with international organizations necessary to ensure the functioning of the national domain zone;

in the event of a change in the legislation on registration of domain names, international rules for addressing the Internet, timely to upgrade the software and hardware, information technologies and infrastructure through which the functioning of the national domain zone is implemented;

to conduct an internal audit of the information security of the software and hardware complex and annually, by March 1, provide the administrator of the national domain zone with an opinion on the results of such an audit, plan and implement measures to ensure information protection;

not later than seven working days from the date of conclusion of this agreement, to submit to the administrator of the national domain zone a list of specialists responsible for performing the functions and duties of the technical administrator of the national domain zone (hereinafter referred to as specialists), indicating their contact details, notify the administrator of the national domain zone of changes in this information;

on an ongoing basis, to monitor and improve the skills of specialists on the issues of fulfilling the duties and functions of the technical administrator of the national domain zone;

to provide representatives of the administrator of the national domain zone with unhindered access (including, if necessary, remote access) to software and hardware, information technologies and infrastructure through which the functioning of the national domain zone is implemented;

to provide representatives of the administrator of the national domain zone with unhindered access to the available information related to the functioning of the national domain zone, including documentation and other information carriers;

in accordance with the Instruction, to provide, at the request of the administrator of the national domain zone, the necessary information and (or) documents on the functioning of the national domain zone, the performance of duties and functions of the technical administrator of the national domain zone;

immediately to inform the administrator of the national domain zone of all identified threats that have led or may lead to violations or failures in the functioning of the national domain zone, as well as the measures taken to eliminate them;

to coordinate with the administrator of the national domain zone:

to change in the cost of annual maintenance of a domain name in the national domain zone;

measures for the development of the national domain zone;

decisions and actions within the framework of cooperation with competent international organizations.

4. This agreement is concluded for an indefinite period and may be terminated:

4.1. by mutual agreement of the parties, drawn up in the form of an additional written agreement;

4.2. by unilateral refusal of the technical administrator of the national domain zone to execute the agreement, provided that the administrator of the national domain zone is notified of the decision to terminate this agreement at least three months before the expected date of termination, as well as the technical administrator of the national domain zone fulfils the requirements of the law regarding the procedure for terminating his duties and functions to ensure the functioning of the national domain zone;

4.3. through the unilateral refusal of the administrator of the national domain zone to execute the agreement in the following cases:

identification by the administrator of the national domain zone of violations by the technical administrator of the national domain zone of the requirements of the Instruction, other legislation on the registration of domain names in the national domain zone, as well as this agreement;

termination by the technical administrator of the national domain zone of activity on registration of domain names;

making a decision to liquidate a legal entity entrusted with the functions of a technical administrator of the national domain zone.

5. The parties undertake to resolve through negotiations all disputes and disagreements related to this agreement.

6. All disputes and disagreements arising between the parties in the implementation of this agreement, the parties will seek to resolve through negotiations.

If it is impossible to reach an agreement between the parties through negotiations, all disputes and disagreements are resolved in court in accordance with the law.

7. Issues not regulated by this agreement are resolved in accordance with the law.

8. This agreement is drawn up and signed by the parties in two copies, one copy for each of the parties, having equal legal force.

On behalf of
administrator
of the national domain zone
________________________________
(signature, initials, surname)

On behalf of
technical administrator
of the national domain zone
________________________________
(signature, initials, surname)