3.
Unless otherwise agreed upon between the originator and the addressee,
an electronic record is deemed to have been dispatched at the place
where the originator has its place of business, and is deemed to be
received at the place where the addressee has its place of business.
For the purposes of this Paragraph:
(i)
If the originator or the addressee has more than one place of
business, the place of business is that which has the closest
relationship to the underlying transaction to which the electronic
record relates or, where there is no underlying transaction, the
principal place of business;
(ii)
If the originator or the addressee does not have a place of
business, the place of business is taken to be the place where the
originator made it as his habitual residence.
(iii)
For the purpose of the above paragraph, “habitual place of
residence” in relation to a body corporate is the place where it is
incorporated.
Article 16
Certification and Revocation of Certification
1.
The Minister, on application by a Certification Service Provider and on
payment of such accreditation fees as may prescribed under a resolution
issued by the Minister, may, if satisfied that the applicant meets the
relevant criteria which may include criteria in respect to standards to be
used, by notice published in the Official Gazette, accord the applicant the
status of an Accredited Certification Service Provider.
The application and certification shall be subject to payment of fees the
rates of which shall be determined by an order of the Minister to be first
sanctioned by the Council Of Ministers.
2.
Subject to the above provision, the Minister, if satisfied that an Accredited
Certification Service Provider no longer meets the relevant requirements
and criteria, shall be empowered according tot the provisions of the
preceding Paragraph by notice published in the Official Gazette revoke an
accreditation given.
3.
Before revoking an accreditation, subject to the above provision, the
Ministry shall give notice in writing with acknowledgment receipt to the
Accredited Certification Service Provider regarding the procedure to be
taken and indicating the reasons for the proposed revocation.
The Accredited Certification Service Provider shall, within 14 days of the
notice, submit representations in writing as to why the accreditation
should not be revoked, and consideration for such representations shall be
determined within 30 days from the date of submitting the application.
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