BAKU, Azerbaijan, June 2. The state legal
entity “National Cybersecurity Agency” has been established within
the Ministry of Digital Development and Transport of the Republic
of Azerbaijan (hereinafter referred to as the Ministry) based on
the Electronic Security Service of the Ministry of Digital
Development and Transport of the Republic of Azerbaijan
(hereinafter referred to as the Ministry), Trend reports.
President of the Republic of Azerbaijan Ilham Aliyev signed the
relevant decree.
The decree approved the “Charter of the National Cybersecurity
Agency.”
The document states that the National Cybersecurity Agency
(hereinafter referred to as the Agency) is a public legal entity
that provides regulation and control in the field of cybersecurity
in the country (with respect to information infrastructure
belonging to critical facilities, as well as government authorities
— exclusively on information exchange), as well as increasing
resilience, including coordinating the activities of information
infrastructure entities, conducting preventive measures to
identify, investigate and prevent actions aimed at violating the
cybersecurity of information infrastructure (with the exception of
information infrastructure owned by public authorities and critical
information infrastructure), informing at the national level about
existing and potential cyber threats, public education, state and
non-state institutions in the field of cybersecurity and providing
them with methodological support (in relation to state authorities
of the highest category, protected persons, protected and strategic
facilities, as well as information infrastructure owned by state
authorities, through the relevant authorized body; in relation to
critical information infrastructure — through the authorized body
for ensuring the security of critical information infrastructure),
as well as taking measures against the posting of prohibited
information on Internet resources and activities in the field of
personal data protection.
The Agency is the legal successor to the Electronic Security
Service, and all of the latter’s rights, obligations, and assets
are transferred to the Agency;
The Agency’s statutory fund is formed from funds allocated in
the current year’s state budget for the Electronic Security Service
that remain unspent as of the date of full fulfillment of that
government agency’s obligations;
Expenses for organizing and supporting the Agency’s activities
shall be financed from funds derived from its operations, including
services rendered, as well as from other sources not prohibited by
law;
To exercise general management and control over the Agency’s
activities, a Board is established, consisting of 4 (four)
members—a chairperson and three deputy chairpersons;
The powers of the Agency’s founder are vested in the following
bodies:
To the President of the Republic of
Azerbaijan:
Approval of the Agency’s charter and determination of the size
of its authorized capital, as well as amendments thereto;
Establishment of the Agency’s governing bodies;
Reorganization and liquidation of the Agency;
Ministry:
Resolving other issues falling within the authority of the
founder of a public-law entity in accordance with Article 8.2 of
the Law of the Republic of Azerbaijan “On Public-Law Entities,”
except for the issues specified in paragraph 4.1 of this
Decree.
Cabinet of Ministers of the Republic of
Azerbaijan:
Within one (1) month from the date of state registration, the
Agency should make sure that the assets currently on the balance
sheet of the state body specified in Part 1 of this Decree are
transferred to the Agency’s balance sheet, and prepare and submit
to the President of the Republic of Azerbaijan proposals for
improving the Agency’s logistical support;
Must resolve other issues arising from this decree.
Ministry:
Take measures to register the Agency with the state within 3
(three) days from the date this Decree enters into force, in
accordance with the Law of the Republic of Azerbaijan “On State
Registration and the State Register of Legal Entities”;
Take the necessary measures to resolve other issues arising from
this Decree.
