2023-11-30 | ПҚ-381

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On Measures to Protect the Rights of Consumers of Digital Products (Services) and Strengthen the Fight Against Offenses Committed Using Digital Technologies

The resolution mandates that payment system operators and payment organizations in Uzbekistan must operate as joint-stock companies starting July 1, 2024, with minimum authorized capital requirements of 50 billion soums for operators and 10 billion soums for organizations, rising to 20 billion soums for organizations by July 1, 2025. The Central Bank is authorized to temporarily restrict bank card and account usage for up to three days to prevent fraud, while commercial banks are prohibited from processing cross-border transfers linked to gambling or illegal capital movement. Regulatory oversight for e-commerce and betting is transferred to the National Agency for Strategic Projects, and the Central Bank must implement anti-fraud systems and digital literacy measures within one month. Additionally, law enforcement agencies must update legal frameworks for digital evidence and cybercrime investigation within three months, and the Ministry of Higher Education must establish specialized training programs for digital forensics by the 2024/2025 academic year.

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[ OKONZ: 1. 09.00.00.00 Entrepreneurship and economic activity / 09.17.00.00 Trade / 09.17.11.00 Protection of consumer rights in the sale of goods] [ TSZ: 1. Economy / Protection of consumer rights. Advertising] Send suggestions for the document Listen to audio Get a link from the document element Send suggestions for the document Listen to audio Get a link from the document element Resolution of the President of the Republic of Uzbekistan Send suggestions for the document Listen to audio Get a link from the document element On Measures to Protect the Rights of Consumers of Digital Products (Services) and Strengthen the Fight Against Offenses Committed Using Digital Technologies Send suggestions for the document Listen to audio Get a link from the document element Send suggestions for the document Listen to audio Get a link from the document element In recent years, the digital sector of the country's economy has expanded, and financial technologies related to the quality and secure processing of e-commerce platforms, digital services, and payments made on them, which are the main growth drivers, are developing rapidly. Send suggestions for the document Listen to audio Get a link from the document element At the same time, the increase in cases of theft or fraud using bank cards in recent times indicates insufficient digital financial literacy of the population and the competence of law enforcement officers, as well as the absence of modern systems for preventing offenses in commercial banks, payment system operators, and payment organizations. Send suggestions for the document Listen to audio Get a link from the document element In order to further develop the digital economy, protect the rights of consumers of digital products (services), strengthen the fight against offenses committed using digital technologies, and increase the digital financial literacy of the population: Send suggestions for the document Listen to audio Get a link from the document element

  1. It is established: Send suggestions for the document Listen to audio Get a link from the document element a) requirements are introduced that starting from July 1, 2024, payment system operators and payment organizations can only be established and operate in the form of a joint-stock company; Send suggestions for the document Listen to audio Get a link from the document element b) the minimum amount of the authorized capital of payment system operators and payment organizations: Send suggestions for the document Listen to audio Get a link from the document element starting from July 1, 2024 — 50 billion soums for payment system operators, 10 billion soums for payment organizations; Send suggestions for the document Listen to audio Get a link from the document element starting from July 1, 2025 — 20 billion soums for payment organizations; Send suggestions for the document Listen to audio Get a link from the document element c) the state share in the authorized capital of the "National Interbank Processing Center" LLC is fully transferred to the State Assets Management Agency; Send suggestions for the document Listen to audio Get a link from the document element d) the responsibilities, functions, and powers of the Ministry of Digital Technologies, the Ministry of Investment, Industry and Trade in the field of regulating and developing e-commerce, and the Ministry of Economy and Finance in the field of regulating lottery organization and betting activities are transferred to the National Agency for Strategic Projects (hereinafter — the Agency). Send suggestions for the document Listen to audio Get a link from the document element
  2. In order to timely curb theft, fraud, and other offenses, the Central Bank is granted the authority to issue mandatory instructions to temporarily restrict the use of bank cards, bank accounts, and accounts in mobile applications for up to three days in the event of suspicious (fraud) operations involving bank cards by commercial banks, payment system operators, and payment organizations. Send suggestions for the document Listen to audio Get a link from the document element
  3. The Central Bank, together with interested agencies, within one month: Send suggestions for the document Listen to audio Get a link from the document element improve technical protection methods, introduce anti-fraud systems, automate the control of three or more consecutive transfers, and introduce mechanisms for controlling the use of bank cards and large-scale money transfers between individuals using additional biometric and other protection measures by commercial banks, payment system operators, and payment organizations when providing online services to citizens; Send suggestions for the document Listen to audio Get a link from the document element develop and approve a comprehensive set of measures to increase the digital financial literacy of the population to prevent illegal operations involving modern threats, bank cards (card details), including through electronic payment systems. Send suggestions for the document Listen to audio Get a link from the document element
  4. The "Roadmap" on improving the system for fighting offenses committed using digital technologies and protecting the rights of consumers of digital products (services) is approved in accordance with the Appendix. Send suggestions for the document Listen to audio Get a link from the document element Heads of ministries and agencies are held personally responsible for the timely execution of the tasks set forth in the "Roadmap". Send suggestions for the document Listen to audio Get a link from the document element
  5. The following procedure is established: Send suggestions for the document Listen to audio Get a link from the document element commercial banks are prohibited from making cross-border transfers to recipients of funds located outside the Republic of Uzbekistan using bank cards if there is information that the payment system's operation code or other identifiers indicate that the recipient is organizing and conducting gambling games and activities and carrying out capital movement operations; Send suggestions for the document Listen to audio Get a link from the document element based on the Agency's requests, the Agency for Information and Mass Communications includes Internet resources that illegally allow participation in gambling games and carrying out capital movement operations in the Registry of Internet resources containing information prohibited for distribution in the Republic of Uzbekistan in accordance with the legislation of the Republic of Uzbekistan. Send suggestions for the document Listen to audio Get a link from the document element
  6. The Prosecutor General's Office, together with the Supreme Court, the Ministry of Internal Affairs, the Agency, the State Security Service, the Ministry of Justice, the Ministry of Digital Technologies, and other interested agencies, within three months, submits proposals for amendments and additions to legislative documents that provide for improving the criminal and criminal-procedural grounds for determining the place and method of committing a crime using digital technologies, and the procedure for detecting, collecting, examining, conducting expertise, recording, and storing electronic (digital) evidence. Send suggestions for the document Listen to audio Get a link from the document element
  7. The Ministry of Internal Affairs, together with the State Security Service, the Prosecutor General's Office, and other interested agencies, within three months, approves the methodology for investigating crimes committed using information and communication technologies. Send suggestions for the document Listen to audio Get a link from the document element
  8. The Ministry of Higher Education, Science and Innovation, the Ministry of Internal Affairs, the National Guard, the Prosecutor General's Office, and the State Security Service, together with interested ministries and agencies, submit proposals by April 1, 2024, on improving the system for training, retraining, and upgrading the qualifications of personnel for the field of combating crimes committed using information and communication technologies. In this regard: Send suggestions for the document Listen to audio Get a link from the document element identify state higher education institutions that train personnel for the prevention of crimes in the field of digital technologies starting from the 2024/2025 academic year, and set the indicators for admission based on state grants in the parameters of the state order for training personnel in this field; Send suggestions for the document Listen to audio Get a link from the document element organize permanent courses for retraining and upgrading the qualifications of personnel conducting operational-search activities, pre-trial investigations, inquiries, and preliminary investigations at the Academy of Law Enforcement, the Institute of Advanced Training of the Ministry of Internal Affairs, and the educational institutions of the State Security Service. Send suggestions for the document Listen to audio Get a link from the document element
  9. The Agency, together with interested ministries and agencies, within three months, submits to the Cabinet of Ministers proposals for amendments and additions to the laws of the Republic of Uzbekistan "On Licensing, Permitting, and Notification Procedures," "On State Duty," and other legislative documents arising from this resolution. Send suggestions for the document Listen to audio Get a link from the document element
  10. Control over the implementation of this resolution is entrusted to the Prime Minister of the Republic of Uzbekistan A.N. Aripov. Send suggestions for the document Listen to audio Get a link from the document element President of the Republic of Uzbekistan Sh. MIRZIYOYEV Send suggestions for the document Listen to audio Get a link from the document element Tashkent city, Send suggestions for the document Listen to audio Get a link from the document element November 30, 2023, Send suggestions for the document Listen to audio Get a link from the document element PQ-381 Send suggestions for the document Listen to audio Get a link from the document element Send suggestions for the document Listen to audio Get a link from the document element APPENDIX to the Resolution of the President of the Republic of Uzbekistan dated November 30, 2023, No. PQ-381 Send suggestions for the document Listen to audio Get a link from the document element ROADMAP on improving the system for fighting offenses committed using digital technologies and protecting the rights of consumers of digital products (services) Send suggestions for the document Listen to audio Get a link from the document element Send suggestions for the document Listen to audio Get a link from the document element

No.

Event Name

Implementation Mechanism

Implementation Form

Implementation Period

Responsible Executors

Strengthening the system for protecting consumer rights in e-commerce carried out on online shopping platforms and social networks.

  1. Study and analyze the methodology aimed at guaranteeing the property interests of sellers and buyers of all online shopping platforms, including:

establishing regulations to ensure the protection of property interests of parties on online shopping platforms;

developing and publishing a rating for evaluating the activities of online shopping platforms.

Organizational measures

January 2024

National Agency for Strategic Projects (NASP),

Central Bank,

Ministry of Investment, Industry and Trade,

Ministry of Digital Technologies,

Ministry of Economy and Finance

Establishing the procedure for licensing the activities of e-commerce sites (digital marketplaces). Taking effective measures, up to restricting their activities, against organizations conducting illegal activities on EPOS terminals issued by banks.

Draft Law

February 2024

Developing and approving a unified mechanism for taking legal impact measures for cases of organizing e-commerce on social networks and online shopping platforms without complying with the requirements established by legislation. In this regard, attention is paid to:

establishing an effective activity of a Working Group consisting of representatives of tax authorities, interested ministries and agencies to identify cases of organizing e-commerce on social networks and online shopping platforms;

widely explaining to the population that the property rights of sellers and buyers are not guaranteed when using trading sites organized on social networks.

Organizational measures

May 2024

State Tax Committee,

NASP,

Ministry of Economy and Finance,

Ministry of Investment, Industry and Trade,

Ministry of Digital Technologies

Improving the activities of payment system operators and payment organizations.

Introducing the following requirements:

a) starting from July 1, 2024, establishing payment system operators and payment organizations only in the form of a joint-stock company;

b) the minimum amount of authorized capital starting from July 1, 2024, is 50 billion soums for payment system operators, 10 billion soums for payment organizations, and 20 billion soums starting from July 1, 2025.

Draft Law

January 2024

Central Bank,

NASP,

Ministry of Economy and Finance,

Ministry of Justice,

State Assets Management Agency

Ensuring a fair competitive environment for the activities of payment system operators

Submitting proposals to the Cabinet of Ministers aimed at ensuring a fair competitive environment for the activities of payment system operators.

Comprehensive measures program

March 2024

State Assets Management Agency,

Competition Committee

Implementing anti-fraud systems in banks, payment system operators, and payment organizations.

  1. Implementing a centralized anti-fraud system in the Central Bank for the use of transactional anti-fraud systems in payment system operators and session-based anti-fraud systems in banks and payment organizations.

Comprehensive measures program

December 2023 (approval of the program)

Central Bank,

Bankers Association,

Ministry of Digital Technologies,

NASP

  1. Implementing a customer identification system in the Central Bank using a modern biometric identification system.

  2. Implementing a system for identifying information through SIM cards, mobile device IMEI codes, and the Internet network (roaming) in banks, payment system operators, and payment organizations.

  3. Increasing the security level in mobile applications of banks and payment systems (restricting the ability to transfer funds for up to 1 hour for newly registered users and immediately sending an SMS message to the main user about access to their profile, collecting additional information such as IMEI, IMSI, DeviceID, etc., regarding mobile devices).

  4. Implementing a mechanism to protect one-time passwords (OTP) received by users via SMS messages.

  5. Taking urgent measures (blocking, etc.) regarding incoming complaints about the theft of funds from bank cards.

2024-2025 (ensuring program implementation)

Strengthening the security of bank card data.

Implementing modern software tools to inform and monitor the dissemination of bank card data on Internet resources.

Organizational measures

December 2024

Central Bank

Establishing the procedure for seizing, sealing, storing, and handing over crypto-assets within the framework of criminal cases.

Establishing the procedure for seizing, sealing, storing, and handing over crypto-assets identified during pre-trial investigations or during the investigation of crimes.

Introducing the procedure for opening and maintaining crypto-wallets in law enforcement agencies fighting the illegal circulation of crypto-assets.

Departmental regulatory legal document

January 2024

Ministry of Internal Affairs,

Prosecutor General's Office,

NASP,

Ministry of Justice

Granting investigators the authority to independently obtain information about connections between subscribers or subscriber devices.

Amending the Criminal Procedure Code with a provision providing for the obtaining of information about connections between subscribers or subscriber devices as an investigative action.

Draft Law

March 2024

Ministry of Internal Affairs,

Prosecutor General's Office,

State Security Service

Improving the procedure for formalizing electronic evidence.

Defining the concept of "electronic (digital) evidence," procedures for their detection, collection, examination, expertise, assessment, registration, and storage, as well as the rights and obligations of participants in this process.

Establishing the procedure for conducting inspections and searches of cyberspace in cases of crimes committed using information technologies with the participation of specialists and mandatory video recording.

Establishing specific requirements (types of information) for storing digital traces on information resources.

Regulatory legal documents

February 2024

Prosecutor General's Office,

Ministry of Internal Affairs,

Supreme Court,

State Security Service

Implementing a continuous, phased system for the training and retraining of professional personnel in the field of preventing crimes in the field of digital technologies.

  1. Starting from the 2024/2025 academic year, identify higher education institutions that will gradually train personnel for the prevention of crimes in the field of digital technologies and take into account the quotas for training personnel in this educational direction when setting the parameters of the annual state order for admission to state higher education institutions.

  2. Starting from the 2024/2025 academic year, attract at least one leading national and foreign specialist, expert, and professor-teacher to train and upgrade the qualifications of employees of cybersecurity departments on organizational and technical solutions for preventing crimes in the field of digital technologies and the use of artificial intelligence technologies.

  3. Establish a short-term advanced training practice for personnel serving in the direction of detecting, exposing crimes, and conducting investigative and court actions related to them in educational institutions under the Ministry of Internal Affairs, State Security Service, Prosecutor General's Office, and Supreme Court, once every two years, in the field of combating cybercrime.

  4. Organize permanent special training courses for investigators and operational-search service personnel of prosecution bodies in the direction of "Digital Forensics," as well as open the master's degree program in "Cyber Law."

  5. Organize the "Information Security" educational direction in secondary specialized educational institutions in the system of law enforcement agencies, and establish qualified education in this direction by selecting young students who have initial knowledge in the field of information technologies.

Draft regulatory legal document

March 2024

Ministry of Internal Affairs,

Ministry of Higher Education, Science and Innovation,

Prosecutor General's Office,

Ministry of Justice,

Ministry of Foreign Affairs

Supporting scientific and research activities in the field of combating crime in the field of digital technologies.

Establishing the Institute of Digital Forensics Scientific Research on the basis of the Digital Forensics Scientific and Methodical Center.

Considering the issue of allocating the necessary material and technical base and an additional 10 staff positions to fully launch the Institute's activities.

Launching the activities of the "Specialized Digital Research Center," "Group Supporting Digital Investigation," "Methodological Support Group," and "Digital Forensics Laboratory" within the Institute.

Resolution of the President of the Republic of Uzbekistan

March 2024

Prosecutor General's Office,

Ministry of Higher Education, Science and Innovation,

Ministry of Economy and Finance

Improving state control over online gambling and games of chance.

Submitting a draft regulatory legal document after studying the experience of countries with an effective system for regulating online gambling and games of chance (Georgia, Republic of Korea, Singapore, Hungary, Estonia, and other countries) by organizing a working group consisting of representatives of interested agencies.

Organizational measures

March-April 2024

NASP,

State Security Service,

Ministry of Internal Affairs,

Prosecutor General's Office,

Ministry of Economy and Finance,

Ministry of Justice,

Ministry of Digital Technologies,

Ministry of Foreign Affairs

Draft regulatory legal document

June 2024

(Legal Information Database of the Republic of Uzbekistan, 01.12.2023, No. 07/23/381/0913)

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