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.: LEGISLATION :.

 » Ordinance :

REGULATION ON THE DEVICES WITH ELECTRONIC IDENTITY INFORMATION

PART ONE
Purpose and Scope, Legal Background, Definitions and Abbreviations

Purpose and scope
ARTICLE 1 – (1) The purpose of this Regulation is to regulate procedures and principles regarding the devices which are missing, stolen, contraband and of which electronic identity information has been changed and the operation of Information and denunciation Centre.

(2) The devices of the subscribers of international circulation including the Turkish Republic of Northern Cyprus are not included in this Regulation.

Legal background
ARTICLE 2 – (1)
This Regulation has been prepared under articles 25 and 33 of the Radio Communication Law dated 5/4/1983 and No. 2813.

Definitions and abbreviations
ARTICLE 3 – (1) In implementation of this Regulation, the terms listed below shall denote, whenever they are used herein, the meanings indicated across them;

a) Digit control: Control of the correctness of the last digit of an IMEI number having fifteen digits,

b) Application authority: Authorities to be determined by the operator, subscriber registration centres and the Authority,

c) Application period: Period between the dates of 5/12/2005 and 13/12/2005,

d) IDC: Information and denunciation Centre,

e) Individual import: Non-commercial import of the devices brought with passengers (except transit passengers) or sent via mail or fast cargo transportation to real persons in the Turkish Customs Zone by real persons abroad,

f) Electronic communication: Transmitting, sending and receiving every kind of datum that can be transformed into sound, image, sign, symbol and electric signals through cables, radios, optic, electric, magnetic, electromagnetic, electrochemical, electromechanical and other transmittance systems,

g) Electronic identity information: Identity definition allocated solely and uniquely for radio devices,

h) Devices with electronic identity information: Devices that receive service from GSM network and has an IMEI number,

i) IMEI: International mobile device identity,

j) Operator: Capital stock company offering electronic communication service or operating a telecommunication infrastructure within the framework of authorization,

k) Contraband device: Device that has individually or collectively been imported or produced in a way that is contrary to the laws,

l) Law: Law on Amending the Radio Communication Law dated 12/7/2005 dated and No. 5392,

m) Clone IMEI number: IMEI number used on more than one device,

n) Board: Telecommunication Board,

o) Authority: Telecommunication Authority,

p) MSISDN: Mobile subscriber number.


PART TWO
White, Black and Grey Lists

White list
ARTICLE 4 – (1)
White list consists of IMEI numbers of the devices of which electronic identity information have not been changed and which have been;

a) Notified to the Authority after being imported individually or collectively in accordance with the laws or produced at home,

b) Registered within the application period,

c) Registered upon applications made by the device users who have missed the application period due to a justifiable excuse.

Collective import
ARTICLE 5 – (1)
Importers shall notify the IMEI numbers of the devices they have imported collectively from abroad within the framework of the related laws to the Authority.

(2) The Authority shall carry out;

a) The brand and model control,

b) The customs document control,

c) The digit control,

d) The control regarding whether the IMEI number has previously been included in the system,

e) The control regarding whether the IMEI number has been specified as a clone IMEI number from any source and shall take the IMEI numbers that have passed these controls into the white list.

Individual import
ARTICLE 6 – (1)
Owners or users of the devices brought from abroad through individual import shall apply to the application authority after completing necessary documents within the framework of customs laws.

(2) The application authority shall send the information and documents regarding the applications made to it to the Authority.

(3) The Authority shall take the IMEI numbers of the devices into the white list and carry out necessary controls on information and documents.

Justifiable excuses
ARTICLE 7 – (1)
User of the devices of which electronic communication connection have been cut off since the user did not deposit the registration fee or apply with necessary documents within the application period due to the below mentioned justifiable excuses shall submit to the application authority within the mentioned period;

a) The visa information on the passport and/or entry-exit document showing that the related person was abroad, in case of the user’s being abroad,

b) Private or government hospital document bearing head doctor’s approval showing that the related person was at a hospital, in case of the user’s being at a hospital,

c) The document showing that the related person was in prison, in case of the user’s being in prison,

d) The document showing the military service situation of the related person, in case of the user’s rendering his military service.

(2) In the other justifiable excuse cases specified below;

(a) The device user who owns a device that hasn’t the feature of receiving and/or sending short messages and whose electronic communication connection has been cut off since the user did not receive the message even it was sent to the user within the application period shall submit the document showing that the device has this feature to the application authority.

(b) The device user who did not have his/her device registered since s/he mistakenly saw the IMEI number in the short message sent by the operator within the application period as if having fourteen digits while in fact it had fifteen digits and whose electronic communication connection has been cut off shall submit a petition showing this situation to the application authority.

(3) One copy of each document which are specified in the first and second clauses and of which original are seen by the application authority shall be sent to the Authority after being stamped with “The Original Has Been Seen” stamp and impressed with the cachet of the application authority.

(4) Users who are found out not having had the IMEI numbers registered due to justifiable excuses as a result of investigations carried by the Authority on the sent documents shall pay the registration fee of five YTL to the related account number of the Authority.

(5) The Authority shall take the IMEI number of the device into the white list upon the payment of the registration fee.

Black list
ARTICLE 8 – (1)
The black list specified by the Authority consists of IMEI numbers belonging to contraband, missing and stolen devices and devices of which electronic identity information have been changed.

(2) Operators shall cut off the electronic communication connection of the devices on the black list.

Grey list
ARTICLE 9 – (1)
The grey list consists of the IMEI numbers of the devices which are outside of the white and black lists and of which electronic communication connections are open.

(2) Operators shall carry out the grey list analysis on the whole of the detailed call records and notify the Authority of the IMEI numbers that make up the grey list within the period to be specified.

(3) If operators find out that the device is included in the grey list, they shall send short message to the device users indicating that their IMEI numbers are not included in the white list.

(4) The Authority shall take the IMEI numbers making up the grey list into the related list after carrying out the necessary controls.

Matched white list
ARTICLE 10 – (1)
The matched white list shall be made up by matching of;

a) The IMEI numbers found out to be as clone within the application period with the MSISDN numbers of the users who deposited the registration fee,

b) The IMEI numbers found out to be as clone after the validity date of the Law with the MSISDN numbers specified within the scope of article 14,

c) The IMEI numbers belonging to the devices of the users who signed subscription contract with the related operator and who were in the Republic of Turkey for a temporary period with the MSISDN numbers.

(2) All the IMEI numbers in the matched white list shall at the same time be in the black list. The IMEI numbers of the devices in the matched white list can only be used with the MSISDN numbers they are matched with.

 
PART THREE
Device Denunciations, Requests of Courts and Public Prosecutor’s Offices

Device denunciations
ARTICLE 11 – (1)
Users of whom devices are included in the white list shall notify the IDC via telephone in order to prevent their devices from receiving service from electronic communication network when their devices are stolen, plundered, lost or gone anyway without their consent.

(2) The device user shall notify IDC via telephone of the information including his/her name and surname, identity number of the Republic of Turkey, passport number if s/he is a foreigner, date of birth, maiden name, MSISDN number and IMEI number of the device if s/he knows it.

(3) The IDC shall take the IMEI number of the device into the black list in order to cut off its electronic communication connection upon verification of the device and identity information of the denunciation maker within the framework of the information in the operator’s registers.

(4) If the device of which electronic communication connection has been cut off is found, the procedure applied while cutting of the telecommunication connection of the device shall be applied for opening it, too, in the same way.
Requests of Courts and Public Prosecutor’s Offices

ARTICLE 12 – (1) The IMEI number of the device shall be taken into or out of the black list upon the requests of the courts or Public Prosecutor’s Offices regarding opening or cutting off the electronic communication connection in parallel with applications made to the courts or Public Prosecutor’s Offices by the device users.

 
PART FOUR
Devices of which electronic identity information have been changed

Cases of changing electronic identity information

ARTICLE 13 – (1) Devices of which electronic identity information have been changed are the ones that have been changed with IMEI numbers having clone IMEI numbers or the ones of which IMEI numbers belonging to them are not clone.

Finding out the IMEI number of the devices of which electronic identity information have been changed

ARTICLE 14 – (1) Operators shall carry out the IMEI number analysis at their own networks to find out IMEI numbers of the device of which electronic identity information has been changed and the operators shall send the IMEI numbers of the device of which electronic identity information has been changed and the MSISDN numbers used with these IMEI numbers to the Authority within the period to be specified.

(2) Operators shall send to the Authority within the period to be specified all information such as time, MSISDN and IMEI numbers included in the detailed call records and within the time interval specified by the Authority in order to find out the IMEI numbers of the devices of which electronic identity information have been changed at all networks.
Finding out real devices of which IMEI number have been cloned

ARTICLE 15 – (1) In order to find out the first used MSISDN number of the IMEI number specified as clone;

a) Operators shall conduct investigations on the detailed call records up to 3 months before the date the clone IMEI number was included in the black list and send the MSISDN number of the first user and information regarding the first use time to the Authority.

b) The Authority shall find out the first used MSISDN number by matching information regarding the first use time received from the operators.

(2) The MSISDN numbers of the devices carrying the IMEI numbers specified as clone shall be notified to the Authority by the importers of the devices.

(3) For an IMEI number specified as clone, in case of a difference between the MSISDN number found out in the first clause and the MSISDN number notified to the Authority in the second clause, the MSISDN number in the importer’s notification shall be deemed true.

(4) The Authority shall make a matching between the IMEI number specified as clone and the MSISDN number found out within the framework of the first, second and third clauses.

(5) The IMEI numbers specified as clone shall be taken into the black list and matched white list and real devices of which IMEI numbers have been cloned shall only be used with the MSISDN numbers matched.

 


PART FIVE
Miscellaneous and Last Provisions

The abolished regulation

ARTICLE 16 – (1) Regulation regarding Devices with electronic identity Information published in the Official Gazette dated 18/10/2005 and No. 25970 has been abolished

Entry into force
ARTICLE 17 – (1)
This Regulation shall enter into force on the date of its publication.

Enforcement
ARTICLE 18 – (1)
The provisions of this Regulation shall be enforced by the Chairman of the Telecommunication Board.

 

 

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Tasarm:Ali Osman GLCEMAL