THE RULE OF GRANTING ELECTRONIC SIGNATURE CERTIFICATE TO NON-RESIDENTS VIA DIPLOMATIC MISSIONS AND CONSULATES OF THE REPUBLIC OF AZERBAIJAN

Granting electronic signature certificate to non-residents

• This Rule was drawn up in connection with the implementation of subparagraph 3.1.2 of the Decree of the President of the Republic of Azerbaijan on “Additional measures for strengthening Azerbaijan’s position and widening foreign trade operations as a Digital Trade Network”, dated February 22, 2017, No.1255 and regulates relations for granting electronic signature certificate to non-residents via diplomatic missions and consulates of the Republic of Azerbaijan.  
• Main definitions used for purposes of this Rule are as follows:
  • Non-resident – foreign and stateless persons living abroad, citizens of the Republic of Azerbaijan living permanently abroad and legal entities acting abroad;
  • Electronic signature – “E-signature” or “ASAN signature” which is a strengthened electronic signature;
  • “E-signature” – a strengthened electronic signature that is granted by certification services centre registered and accredited in the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan via token type data transfer;
  • “ASAN signature” (mobile electronic signature) – a strengthened signature that is issued by the ASAN Certification Services Centres of the Ministry of Taxes of the Azerbaijan Republic and requiring mobile phone or special SIM card as a means of electronic signature;                                                    
  • Portal – azexport.az internet portal that is created in connection with the implementation of 1^st part of the Order of the President of the Republic of Azerbaijan on “The establishment of the single database of goods produced in Azerbaijan” dated September 21, 2016, No.2349;            
  • “Virtual Personal Identification Number - Virtual PIN” – unique personal identification number that consists of letters and numbers, and given to non-residents, whose online applications for electronic signature are granted via “Entry-exit and registration” automated interagency data-search system;           
  • “e-non-resident” subsystem – a subsystem established in the “Entry-exit and registration” automated interagency data-search system for receiving and analyzing electronic signature applications of non-residents and giving them “Virtual PIN” as well as for registering non-residents who are granted with “Virtual PIN”;     
  • Centre – certification services centre, registered and accredited in the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan and “ASAN” Certification Services Centre of the Ministry of Taxes of the Republic of Azerbaijan;
  • Certificate – “e-signature” or “ASAN signature” certificate;
  • “Business” certificate – a complete certificate of the strengthened electronic signature that is given to legal entities acting abroad; ensures authentication of electronic service user, electronic signature of the document and identification of signatory, and that is used as a seal and that includes special appointment of a signature, area of usage, text on a seal and TPIN of a person to whom a seal belongs;
  • “Personal” certificate – a complete certificate of a strengthened electronic signature that is given to foreigners and stateless persons living abroad and citizens of the Republic of Azerbaijan living permanently abroad, and that ensures authentication of electronic service user, electronically signing of the document and as well as identification of the signatory person;
• Other definitions used in this way have the same meaning defined in the Law of the Republic of Azerbaijan on “electronic signature and electronic document” and in other laws of the Republic of Azerbaijan.
• This Rule shall not apply to the matters related to granting electronic signature to other persons that are not included in the non-residents definition.             
• Matters related to granting electronic signature to non-residents that are not regulated by this Rule are regulated in a way stipulated by other normative legal acts.
• Terms and payments may be determined by the Centre, as well as by mobile operator for financing electronic signature granting by mutual consent. 

1. Organization of electronic signature certificate granting, acceptance of application and granting of certificate           

• Non-residents’ applications for granting electronic signature certificate by means of diplomatic missions and consulates of the Republic of Azerbaijan (hereinafter referred to as diplomatic mission) are received through a portal in “e-non-resident” subsystem.
• “e-non-resident” subsystem is created in the “Entry-exit and registration” Automated Interagency Data-search System and then is integrated into the portal.
• A non-resident applicant for the certificate fills an application form defined in the Appendix of this Rule in a real-time mode by logging in to the portal, and pays online in cases defined in paragraph 1.6 of this Rule. The following documents are attached to the application:
  • A copy of non-resident’s identification document (passport or identification card);
  • 1 colored photo meeting biometric identity requirements (3.5x4.5cm);
  • Power of attorney granted to a person authorized to apply on behalf of a non-resident in cases when non-resident’s representative applies on behalf of him/her.
• A non-resident ticks a relevant box related to his/her intention to get “E-signature” or “ASAN signature” certificate, as well as “Business” certificate or “Personal” certificate in his/her electronic application form.
• When a non-resident ticks “ASAN signature” certificate in his/her electronic application form he/she selects relevant mobile operator and mobile number, and pays online in the portal in cases defined in paragraph 1.6 of this Rule.
• After an application form is approved by the non-resident, accuracy of information is checked in the portal, and in case of non-deficiency the application form is registered in a real-time mode and is transferred to “e-non-resident” subsystem together with attached documents. A notification about registration of the application is sent to the e-mail address of the applicant or SMS is sent to his/her cell number.  
• An application form and documents attached to it are transferred to the Republic of Azerbaijan`s Ministry of Internal Affairs, Ministry of Foreign Affairs, State Security Service and Foreign Intelligence Service in “e-non-resident” subsystem.  
• Virtual Personal Identification Number is automatically granted to a non-resident by the “Entry-exit and registration” Automated Interagency Data-search System unless the Ministry of Internal Affairs, the Ministry of Foreign Affairs, State Security Service and Foreign Intelligence Service of the Republic of Azerbaijan do not accept an application during 3 (three) working days. Virtual Personal Identification Number granted to the citizens of the Republic of Azerbaijan that are permanently living abroad is the same with the existing identification number (Personal identification number) of their identification card. An application is sent to the respective Centre through portal depending on the type of certificate.
• The Centre decides to grant an electronic signature certificate provided any deficiency is not found in submitted documents. After the approval of this decision and a contract between a non-resident and the Centre on granting a certificate documents are sent to a diplomatic mission for a non-resident`s approval. A notification is sent to the e-mail address of the applicant that applied in a real time mode through portal and/or SMS is sent to his/her cell number.
• “E-signature certificate” and “token” is provided by certification services centre registered and accredited in the Ministry of Transport, Communications and High Technologies of the Republic of Azerbaijan for to send to the diplomatic mission. “ASAN signature” certificate and relevant SIM card and a contract in duplicate on using this SIM card prepared by a mobile operator are submitted to the Ministry of Foreign Affairs of the Republic of Azerbaijan together with a relevant act by the ASAN Certification Services Centre of the Ministry of Taxes of the Republic of Azerbaijan and by the Center for Economic Reforms Analysis and Communication respectfully.        
• After receiving the decision specified in paragraph 2.9 of this Rule by the diplomatic mission a non-resident is invited to that diplomatic mission within 1 (one) working day.      
• A non-resident comes to the diplomatic mission at the appointed time and presents originals of the documents submitted via portal, as well as one colored photo meeting biometric identity requirements (3.5x4.5cm). The diplomatic mission returns original documents to the non-resident after verifying authentication of original documents with the ones submitted in a real time mode.  
• If incompatibility is found between the documents submitted in a real time mode in the portal and the documents submitted by the non-resident, a diplomatic mission rejects to grant a certificate and makes relevant notes for the abolition of “virtual personal identification number” in “e-non-resident” subsystem.                              
• If any incompatibility is not found between the documents submitted in a real time mode in the portal and the documents submitted by a non-resident, a contract for granting a certificate, and a contract for using SIM card in cases of granting ASAN signature certificate are submitted to a nonresident by a diplomatic mission.
• After a non-resident signs the contracts defined in paragraph 2.14 of this Rule, a copy of these contracts, “E-signature” or “ASAN signature” certificate, relevant “token” or SIM card are presented to the non-resident.         
• A second copy of the contract signed by the non-resident is submitted to the Ministry of Foreign Affairs of the Republic of Azerbaijan by a diplomatic mission not least than two times in a year to present to the relevant centre and mobile operator.
• According to paragraph 2.16 of this Rule, the Ministry of Foreign Affairs of the Republic of Azerbaijan presents the received contracts to the Ministry of Transport, Communications and High Technologies (contracts signed for granting “e-signature” certificate) and to the Center for Economic Reforms Analysis and Communication (contracts for granting “ASAN” signature certificate, and SIM card usage) within 1 (one) working day.                      
• According to paragraph 2.17 of this Rule, the Ministry of Transport, Communications and High Technologies and the Center for Economic Reforms Analysis and Communication send these contracts accordingly within 3 (three) working days.
• Validity period of the electronic signature certificate granted to non-residents is 3 (three) years.
• Payments made by non-residents according to paragraph 1.6 of this Rule for carrying out certificate service, shall not repaid in no cases. 

1. Termination, restoration and revoke of an electronic signature certificate 

3.1. After a certificate is granted, the Centre may terminate, restore and revoke an electronic signature certificate in cases stipulated by articles 13 and 14 of the Law of the Republic of Azerbaijan on “electronic signature and electronic document”.  In this case, the Centre makes relevant notes in “certificates register” about current changes in the certificate.             

3.2. Signatory person must apply to a diplomatic mission or directly to the Centre that granted a certificate through portal for termination, restoration and revoke of a certificate. 

3.3. A diplomatic mission immediately transfers this appeal to the relevant Centre depending on the type of a certificate according to paragraph 3.2 of this Rule.

3.4. The Centre immediately takes relevant measures according to appeal defined in paragraph 3.3 of this Rule, makes relevant notes in “certificates register” on current changes in the certificate and informs diplomatic mission, and a non-resident by sending a notification to his/her e-mail address or SMS to his/her cell phone in cases a non-resident directly appealed to the Centre. A diplomatic mission informs a non-resident about it by sending a notification to his/her e-mail address or SMS to his/her cell phone.

3.5. In following violation cases of confidentiality of signature creating data, the signatory person must immediately inform diplomatic mission or directly the Centre depending on the type of a certificate:

3.5.1. In cases when signature creating data carrier is lost;

3.5.2. In cases when lost signature creating data carrier is found;

3.5.3. In cases when there is serious doubt on the existence of confidential data leakage or distortion in the information system;  

3.5.4. In cases of signs or doubts of intervention on signature creating data carrier storage;

3.5.5. In cases when signature creating data or their activating code is revealed to other persons;

3.6. When the Centre `s confidentiality of signature creating data is violated, the Centre takes immediate actions for the revocation of complete certificate as well as for changing signature creating data. In this case the Centre informs the owners of signature about it and ensures for free of charge the change of certificates signed via their signature creating data directly or by a diplomatic mission.   

1. Requests about electronic signature certificate 

4.1. Certification services users may directly apply through portal to the Centre that grants certificate with requests about submitting certificate data and confirming whether signature controlling data belongs to signature owner or not.                     

4.2. According to the requests about certificates the Centre may give information about a person that possess a certificate, status of the certificate and other information about the certificate, except for cases that there is no signature owner`s consent;

4.3. Services related to certificate requests are carried out by the Centre according to register information, and a service is free of charge;

4.4. The Centre may perform real time certificate status check.  

1. Register of electronic signature certificate granted to non-residents 

5.1. Register of electronic signature certificate granted to non-residents (hereinafter referred to as - Register) is a list that is carried out in “e-non-resident” subsystem by the relevant Centre and that is approved by a strengthened electronic signature.  

5.2. The following information is included to the registry:

5.2.1. Certificate serial number;

5.2.2. Information about signature owner and “virtual personal identification number”;

5.2.3. Validity period of a certificate (beginning and ending date, time);

5.2.4. Termination or revocation of a certificate; date and reason.

5.3. Register shall be available for applying 7/24.

5.4. The Centre shall ensure entry of information on valid, terminated and revoked certificates in the register within not later than 1 (one) working day.

5.5. The followings must be ensured during registration:

5.5.1. Only relevant authorized persons should enter information into the register;

5.5.2. Information should not be changed without consent of a signature owner;

5.5.3. Relevant measures should be taken for preventing interference without consent of a signature owner.   

Application form of the appendix to the Rule of granting Electronic signature certificate to non-residents via Diplomatic Missions and Consulates of the Republic of Azerbaijan.