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Article 1. With a view to regulating the electronic accreditation service providers' acts of using cipher codes, the present Measures are formulated in accordance with the Electronic Signature Law of the People's Republic of China and the Regulation on the Administration of Commercial Cipher Codes. Article 2. The State Encryption Administration shall supervise and administer the electronic accreditation service providers' acts of using cipher codes. The administrative institutions of all provinces, autonomous regions and municipalities directly under the Central Government shall undertake the relevant administrative tasks in accordance with the present Measures according to the authorization of the State Encryption Administration. Article 3. An electronic accreditation service provider uses commercial cipher codes to provide the general public with a third party electronic accreditation service system (hereinafter referred to as the electronic accreditation service system) by adopting cipher technologies. Article 4. A provider of electronic accreditation services shall apply for a License To Use Cipher Codes in Electronic Accreditation Services in pursuance of the present Measures. Article 5. An applicant shall meet the following conditions when applying for a License To Use Cipher Codes in Electronic Accreditation Services: (1) It has an electronic accreditation service system conforming to the Cipher Codes of Certificate Accreditation System and the Relevant Safety Technology Norms; (2) The electronic accreditation service system shall be undertaken by a qualified entity manufacturing commercial cipher products; (3) The commercial cipher products adopted by the electronic accreditation service system are products accredited by the State Encryption Administration; and (4) The electronic accreditation service system has passed the safety examination by the State Encryption Administration. Article 6. When applying for a License To Use Cipher Codes in Electronic Accreditation Services, an applicant shall submit the following materials to the encryption administrative institution of the province, autonomous region or municipality directly under the Central Government: (1) A written application for using cipher codes; (2) The legal person business license or the notice on the pre-approval of enterprise name (photocopy); and (3) The notice on the electronic accreditation service system that has passed the safety examination (photocopy). Article 7. The encryption administrative institution of a province, autonomous region or municipality directly under the Central Government shall, within 5 working days after it receives the application materials, submit the complete set of application materials to the State Encryption Administration. Article 8. The State Encryption Administration shall, within 15 working days after it receives the application materials submitted by the encryption administrative institution of a province, autonomous region or municipality directly under the Central Government, examine the application materials and make a decision of approval or disapproval. If it makes a decision of approval, it shall issue the applicant a License To Use Cipher Codes in Electronic Accreditation Services. If it makes a decision of disapproval, it shall give the applicant a written notice and shall make an explanation. Article 9. The operation of an electronic accreditation service system shall conform to the Cipher Codes of Certificate Accreditation System and the Relevant Safety Technology Norms. Where an electronic accreditation service provider plans to conduct technical renovation for its electronic accreditation system, it shall submit the concrete plan to the State Encryption Administration for archival purposes in advance. After it completes the technical renovation, it shall file with the State Encryption Administration for safety examination. It shall not put the electronic accreditation system into operation unless it passes the examination. Article 10. Where an electronic accreditation service provider illicitly conducts technical renovation for its electronic accreditation service system, the State Encryption Administration shall order it to make corrections and shall put forward a punishment proposal to the information industry administrative department in light of the concrete situation. Article 11. Where any staff member of the State Encryption Administration or of the encryption administrative institution of a province, autonomous region or municipality directly under the Central Government abuses his power, neglects his duties, seeks private benefits or fails to perform his supervisory duties, he shall be given an administrative sanction. If any crime is constituted, he shall be subject to criminal liabilities. Article 12. Where an institution, which has been engaged in electronic accreditation services before the present Measures are implemented, plans to continue to provide electronic accreditation services, its electronic accreditation service system shall conform to the Cipher Codes of Certificate Accreditation System and the Relevant Safety Technology Norms and shall pass the technical evaluation by the state cipher codes administrative institution. It shall apply for a License To Use Cipher Codes in Electronic Accreditation Services by merely submitting a written application. Article 13. The Cipher Codes of Certificate Accreditation System and the Relevant Safety Technology Norms shall be promulgated by the State Encryption Administration. Article 14. The present Measures shall be implemented as of April 1, 2005. |
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