TaxTMI 
TaxTMI 
Information Technology (Recognition of Foreign Certifying Authorities not operating under any Regulatory Authority) Regulations, 2013.
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....icence to issue a Digital Signature Certificate under section 24 ; (c) "Controller" means the Controller of Certifying Authorities appointed under sub-section (1) of section 17 of the Act; (d) "Foreign Certifying Authority" means a certifying authority other than one licensed to issue a digital signature certificate under section 24 of the Act and whose installed facilities and infrastructure associated with all functions of generation, issue and management of digital signature certificates are located outside India ; (e) "Recognized Foreign Certifying Authority" means a Foreign Certifying Authority who has been granted recognition under these regulations pursuant to sub-section(1) of section 19 of the Act ; (f) Words and expressions used herein and not defined, but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3. Criteria for recognition of foreign certifying authorities which does not operates under any regulatory authority. (A) Recognition of Foreign Certifying Authorities.- The procedure relating to recognition of Foreign Certifying Authorities which does not operate under any Regulatory Authority....
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....r has suspended the recognition of the foreign certifying authority under these regulations; or (b) for payment of an offer of compensation made by the Controller; or (c) for payment of liabilities and rectification costs attributed to the negligence of the foreign Certifying Authority, its officers or employees; or (d) for payment of the costs incurred in the discontinuation or transfer of operations of the foreign Certifying Authority, if the foreign Certifying Authority's authorization in the country of its origin or operations is discontinued; or (e) for payment of the costs incurred in the inspection of the infrastructure utilized by the foreign certifying authority for generation, issue and management of Digital Signature Certificates if such costs are not defrayed by the foreign certifying authority. (f) any other default made by the Certifying Authority in complying with the provisions of the Act or rules made thereunder or under these regulations. Explanatio.- For the purpose of this sub-regulation, the expression "transfer of operation" shall have the meaning assigned to it in clause (47) of section 2 of the Income....
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....ognition. (9) Security Guidelines- (a) Any Foreign Certifying Authority recognized under this regulation shall have the sole responsibility of integrity, confidentiality and protection of information and information assets employed in its operation, considering classification, declassification, labeling, storage, access and destruction of information assets according to their value, sensitivity and importance of operation. (b) Information Technology Security Guidelines and Security Guidelines for a Foreign Certifying Authority recognized under this regulation aimed at protecting its integrity, confidentiality and availability of service shall be of a level equivalent to that of a Certifying Authority licensed under the Act as specified under Schedule-II and Schedule-III of the Information Technology (Certifying Authority) Rules 2000 respectively. (c) A Foreign Certifying Authority recognized under this regulation shall formulate its Information Technology and Security Policy for operation complying with these guidelines and submit it to the Controller: Provided that any change made by any Foreign Certifying Authority recognized under thi....
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....sub-regulation (8) of regulation 3(A) shall be valid for a period of five years from the date of its issue. (2) The recognition granted under these regulations shall not be transferable. (D) Digital Signature Certificates issued prior to recognition to be invalid.- Where any Foreign Certifying Authority is recognized under these regulations, all digital signature certificates issued by such Certifying Authority prior to such recognition shall be invalid for the purposes of this Act. (E) Suspension or revocation of recognition.- (1) A recognition granted to a Foreign Certifying Authority under sub-regulation (8) of regulation 3(A) shall stand suspended when the performance bond submitted or the banker's guarantee furnished by such Certifying Authority is invoked under sub-regulation (4) of regulation 3(A). (2) The Controller may, if he is satisfied after making such inquiry, as he may think fit, that a Foreign Certifying Authority recognized under sub-regulation (8) of regulation 3(A) has,- (a) made a statement in, or in relation to, the application for the issue or renewal of the recognition, which is incorrect or false in material part....
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....e conviction for which involved a finding that it or such trusted person acted fraudulently or dishonestly, or has been convicted of an offence under the Act or these rules; or (v) an applicant commits breach of, or fails to observe and comply with, the procedures and practices as per the Certification Practice Statement; or (vi) an applicant fails to comply with the directions of the Controller; or (vii) the authorization granted to the applicant, to issue a Digital Signature Certificate under laws of a recognized country has been suspended or revoked: Provided that the reasons for refusal of recognition may be mentioned. (H) Requirements Prior to Cessation as recognized Foreign Certifying Authority.- Before ceasing to act as a recognized Foreign Certifying Authority, the recognized Foreign Certifying Authority shall, - (a) give notice to the Controller of its intention to cease acting as a recognized Foreign Certifying Authority: Provided that the notice shall be made ninety days before ceasing to act as a recognized Foreign Certifying Authority or ninety days before the date of expiry of recognition; (b) advert....