And in general manner, delivering its opinion on all issues which are submitted to the commission by the general director of the National Agency of Digital Certification. Art. 13 - The encryption commission shall be chaired by the general director of the National Agency of Digital Certification or his representative. It shall be composed of : - a representative of the Ministry of National Defense, - a representative of the Ministry of the Interior and Local development, - a representative of the Ministry of Communication Technologies, - a representative of the National Agency of Digital Certification, - a representative of the Center for Studies and Researches of Telecommunications. The commission members shall be appointed by a decision of the Minister of Communication Technologies, on a proposal from the concerned Ministries and institutions. The commission chairman may invite, for consultative purpose, any person whose participation is deemed helpful. The commission shall meet on a call its chairman on the basis of an agenda communicated to the members a week at least before the commission meeting. The commission may only meet in the presence of the majority of its members, in case when the quorum in not reached, the commission will held, after ten days, a second meeting whatever the number of the present members is. In all cases, the commission make its decisions with the majority of the votes of the present members, in case of a tied vote, the chairman has a casting vote. The commission works shall be recorded in minutes communicated to its members within the ten days following the date of the commission meeting. Chapter six The requirements of public security and national defense Art. 14 - The concerned departments of the Ministries of National Defense and of the Interior and Local Development, each in his respective capacity, may consult all the documents relating to the electronic equipments and systems imported and commercialized allowing to encrypt the data exchanged through the telecommunications networks or examine the said equipments and systems. N° 61 These operations may be carried out by the declaring person or any other interested persons by these equipments or systems as well as by any other person holder of these equipments or systems because of his professional activity or possessing the related documents and data. All the persons provided for by the precedent paragraph shall present at first request from the concerned departments of the Ministries of National Defense and of the Interior and Local Development the required documents and allow them to examine the equipments and systems. They are also bound to comply with the provisions which will be indicated to them by these departments. Chapter seven The administrative sanctions Art. 15 - In case of serious infraction of the provisions of the decree herein, the Minister charged of Telecommunications may pronounce the immediate suspension of the authorization and the regularization of the concerned offender situation within a deadline not exceeding two months as of the date the suspension. Art. 16 - The encryption means of all categories may be temporarily seized, without indemnity, by a decision of the Minister of National Defense and the Minister of the Interior and Local Development if it is proven that the use of these means disrupt the national defense and public security, and of the Minister of Communication Technologies, if it is proven that the use of these means disrupt the security of the telecommunications networks. Art. 17 - All the prior provisions contrary to the provisions of the decree herein and notably the provisions of decree n° 2001-2727 dated 20 November 2001,fixing the conditions and procedures of use of the means or services of encryption through the telecommunications networks, as well the exercise of the related activities, as amended and completed by decree n° 2007-1071 dated 2 May 2007 shall be repealed. Art. 18 - The Minister of National Defense, the Minister of the Interior and Local Development, the Minister of Communication Technologies, the Minister of Finance and the Minister of Trade and Handicrafts, each in his respective capacity, shall implement the decree herein which shall be published in the Official Gazette of the Republic of Tunisia. Tunis, 21 July 2008. Official Gazette of the Republic of Tunisia — 29 July 2008 Zine El Abidine Ben Ali Page 813

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