RESOLUTION OF BOARD OF NATIONAL BANK OF THE KYRGYZ REPUBLIC

of June 15, 2016 No. 25/6

About approval of the Provision "About activities of National Bank of the Kyrgyz Republic as certification center of open keys of the digital signature

According to articles 7 and 43 of the Law "About National Bank of the Kyrgyz Republic" and the Law "About Payment System of the Kyrgyz Republic" Board of National Bank of the Kyrgyz Republic decides:

1. Approve the Provision "About Activities of National Bank of the Kyrgyz Republic as Certification Center of Open Keys of the Digital Signature" it (is applied).

2. Declare invalid the resolution of Board of National Bank of the Kyrgyz Republic "About approval of the Provision "About Activities of National Bank of the Kyrgyz Republic as Certification Center of the Digital Signature" of April 25, 2005 No. 11/2.

3. To legal management:

- publish this resolution on the official site of National Bank of the Kyrgyz Republic;

- after official publication to send this resolution to the Ministry of Justice of the Kyrgyz Republic for inclusion in the State register of regulatory legal acts of the Kyrgyz Republic.

4. This resolution becomes effective after fifteen days from the date of official publication.

5. To management on work with documents to bring this resolution to the attention of the relevant structural divisions, regional managements and representative office of National Bank in Batken Province.

6. To management of payment systems to bring this resolution to the attention of commercial banks, operators of payment systems and payment institutes of the Kyrgyz Republic.

7. To impose control of execution of this resolution on the Vice-chairman of National Bank of the Kyrgyz Republic L.Dzh. To Orozbayev.

Appendix

to the Resolution of Board of National Bank of the Kyrgyz Republic of June 15, 2016 No. 25/6

Regulations on activities of National Bank of the Kyrgyz Republic as certification center of open keys of the digital signature

Chapter 1. General provisions

1. The purposes of this provision are:

- providing legal conditions of provision of services by National Bank of the Kyrgyz Republic (further - National Bank) as certification center (further - the Center) on certification of keys, and also according to the certificate the Center of open keys of digital signatures (further - the EDS);

- providing legal conditions for use of the EDS in processes of exchange of electronic messages in the Kyrgyz Republic in case of which observance the EDS is recognized to the equivalent sign manual.

2. Action of this provision extends to all participants using certificates of key of the digital signature of the Center in the work.

3. All participants shall recognize the electronic document in the presence on it the EDS which is analog of the sign manual of the responsible person. Forming of the EDS and its check shall be performed by means of the closed and open keys generated by the Center.

4. Use of the EDS by transfer of electronic messages between participants is regulated by the legislation of the Kyrgyz Republic, regulations of National Bank, agreements between members of payment service provider and other regulations.

Chapter 2. Terms and determinations

5. The terms and determinations used in this Provision correspond to terms and determinations, certain laws of the Kyrgyz Republic "About payment system of the Kyrgyz Republic" and "About the electronic document and the digital signature" and regulations of National Bank.

6. In addition in this Provision the following terms and determinations are used:

1) the participant - the certificate holder of key of the signature (certificate holder) - the legal entity to whom the Center issues the signature key certificate;

2) the responsible person of the participant - the authorized representative of the participant addressed to whom the signature key certificate is issued and which owns the closed EDS key on the individual data carrier corresponding to the open key specified in the certificate.

Chapter 3. Activities of the Center

§1. Legal status and activities of the Center

7. The National Bank is certification center for banks and other financial credit institutes which activities he licenses and regulates, and also for other participants of systems which operator is the National Bank.

8. The center performs the certificate of open keys of the EDS. Activities for the certificate of open keys of the EDS are performed according to the legislation of the Kyrgyz Republic and regulations of National Bank.

9. The center confirms accessory and authenticity of the certificate of the responsible person of the participant within, determined by this Provision.

10. The center provides interaction with participants at the republican level with use of the EDS

11. Interaction of the Center with participants and other certification centers is performed according to the legislation of the Kyrgyz Republic and regulations of National Bank.

12. The center performs maintaining the complete list of responsible persons of participants, representatives to sign electronic messages on behalf of the participant.

13. Each responsible person of the participant shall undergo the procedure of registration in the Center, receive the individual key data carrier with necessary information which will be used for signing of electronic messages and their check.

14. Each participant submits the request for receipt of the closed key and the certificate of public signature key to the Center. The request shall contain the authentic information about the applicant in the amount necessary for accomplishment of the obligations by the Center. At the same time the Center has the right to demand from the applicant of confirmation of reliability of the relevant information.

15. In case of issue of the signature key certificate the Center provides the following guarantees:

- full compliance of the data containing in the certificate, to the data of the participant, provided in the request;

- certificate compliance to requirements of the corresponding legal acts of the Kyrgyz Republic, including availability in the certificate of all information, necessary for its reliability;

- compliance of the closed EDS key to open key, confirmed with the Center in case of issue of the certificate;

- availability in the Center of authentic information about the receiver of the certificate, stipulated by the legislation the Kyrgyz Republic and regulations National bank.

§2. Obligations and responsibility of the Center

16. The center assumes the following obligations:

- be effective properly according to the legislation of the Kyrgyz Republic and regulations of National Bank;

- establish and trace effective period of the signature key certificate of the responsible person of the participant;

- notify the responsible person of the participant about the termination of effective period of the signature key certificate in the form of the electronic message on the e-mail address of the participant;

- notify the certificate holder within one day on all facts known to the Center which can affect reliability of the certificate of key of the participant (possibility of substitution, counterfeit, unauthorized change, breaking, etc.).

17. The center provides availability of the open keys necessary for work of the payment, information and other automated systems of National Bank to all participants.

18. Authenticity of open key of the participant makes sure the appropriate electronic certificate of the Center.

19. The center draws up issue of paper confirmations (copies) of certificates according to the legislation of the Kyrgyz Republic and regulations of National Bank.

20. The center shall give to any participant of system opportunity to make sure of accessory of open key of the EDS to the certificate holder.

21. According to the legislation of the Kyrgyz Republic the Center shall certify paper copies of the electronic messages signed by the EDS on open key which is issued by the Center the signature key certificate.

22. The center bears responsibility for:

- implementation of registration of the owner of the closed key of the EDS and issue of the signature key certificate according to the received application;

- issue to the responsible person of the participant of the individual carrier with the closed key with the certified certificate according to the established procedures;

- hardware and program support of base of certificates;

- timely modification of the database of certificates;

- observance of safety conditions and confidentiality during the work with the closed keys of authorized persons of the Center, observance of rules of their storage and use;

- for intentional actions of personnel of the Center which entailed change of integrity of certificates or their substitution.

23. The measure of responsibility of the Center is determined according to the legislation of the Kyrgyz Republic.

24. The center performs replacement of the closed key in case of failure of the individual carrier with the closed key. Procedures of replacement of the carrier of the closed key make a reservation in regulating documents, agreements and contracts between members of payment service provider.

25. The center provides the edition, distribution and storage of certificates of open keys and certificate revocation lists of open keys of all accredited subordinate certification centers.

26. The center does not bear responsibility for non-execution and/or improper execution of the obligations in case of force majeure circumstances, such as: the fires, accidents, natural disasters etc. which interfere with implementation of the obligations by the Center, for the period of action of the specified circumstances.

27. The center does not bear damage liability, suffered as a result of trust to invalid or the counterfeited EDS if the Center fulfilled everything significantly important requirements for the invalid or counterfeited EDS according to the legislation of the Kyrgyz Republic and regulating documents of National Bank.

§3. Obligations and responsibility of the participant

28. In case of receipt of the signature key certificate issued and registered by the Center, the participant assumes the following obligations and bears responsibility for:

- compliance with law of the Kyrgyz Republic and regulations of National Bank;

- accuracy of the information, provided to them in the request for receipt of the signature key certificate;

- lawful ownership and use of the closed key corresponding to the open key of the EDS specified in the signature key certificate;

- observance of safety conditions and confidentiality during the work with the closed key as authorized persons of the participant, observance of rules of their storage and use;

- ensuring information security for normal functioning of the computer programs connected with exchange of electronic messages (anti-virus support, network security, etc.);

- the timely appeal to the Center for prolongation of effective period of the certificate;

- the due notice of the Center about the fact of dismissal of the responsible person of the participant;

- the due notice of the Center about the fact of death of the responsible person of the participant;

- timely informing the Center on the arising problems when using the carrier of the closed key or about need of its replacement or cancellation;

- the notification of the Center within one day about all facts known to the participant which can affect reliability of the certificate of key of the participant (possibility of substitution, counterfeit, unauthorized change, breaking, etc.).

29. The participant bears damage liability owing to violation of the measures of information security connected with exchange of electronic messages by him (information crimes, accidental or intentional penetration into system with use of the closed key, impact of computer viruses and/or the hacker attacks, etc.).

§4. Blocking (cancellation) of the signature key certificate

30. The center shall block immediately (to cancel) the certificate upon the demand of the legal owner of the key of the EDS specified in the certificate or the representative of the participant, properly the representative on blocking (cancellation) based on the written application or under the relevant act of authorized state body or court.

31. The center shall cancel the signature key certificate or suspend its action irrespective of the consent of the owner of the key of the signature specified in the certificate if the Center:

- received the documents confirming reorganization or liquidation of the certificate holder who is the legal entity or other proofs of the fact of its reorganization or liquidation;

- received the documents confirming dismissal of the responsible person of the participant;

- received the documents confirming the death of the responsible person of the participant;

- received the court resolutions which took legal effect;

- received documents of National Bank (the resolution of Board, resolutions of Committee on supervision) confirming change of powers of the certificate holder of key of the signature;

- established non-execution or improper execution by the certificate holder of the obligations provided by the Law of the Kyrgyz Republic "About the electronic document and the digital signature".

32. The center shall notify without delay the owner of the key specified in the certificate after blocking (cancellation) of the signature key certificate becomes effective.

33. The center shall not later than every other day after cancellation of the certificate of key to make changes to the database of certificates of open keys.

34. The center stops obligation fulfillment, provided in item 16. this provision in relation to this participant, for blocking of operation of the signature key certificate of the participant.

§5. Termination of activities of the Center

35. The termination of activities of the Center is performed according to the legislation of the Kyrgyz Republic.

36. In case of decision making about the termination of activities for the certificate of open keys of the EDS the Center shall inform at least in one month on this decision of all owners of the signature key certificates issued by the Center.

37. In case of decision making about the activities termination the signature key certificates issued by the Center are blocked cancelled) according to the legislation of the Kyrgyz Republic and regulations of National Bank.

§6. Personal data protection and storage of information

38. The center provides confidentiality of the identification personal data of the certificate holder containing in the documents submitted by the applicant according to requirements of the legislation of the Kyrgyz Republic and regulations of National Bank.

39. Disclosure of personal data of certificate holders of key of the signature by the Center is allowed only with the consent of owners of certificates or according to the legislation of the Kyrgyz Republic.

40. The center shall store all existing and blocked signature key certificates of participants.

41. The storage duration of signature key certificates in the Center is established by the legislation of the Kyrgyz Republic.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info