Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698842406428.pdf (Sierra Leone)
STATUTORY INSTRUMENT Supplement to the Sierra Leone Extraordinary Gazette Vol.

CXLXI, No.

72 ii dated 6th November, 2020 THE TELECOMMUNICATIONS (SUBSCRIBERS IDENTIFICATION AND REGISTRATION) REGULATIONS 2020 TABLE OF CONTENT PART I-PRELIMINARY 1.

Preliminary 2.

Scope of application 14.

Registration of multiple subscriber device.

15.

Transfer or change of ownership of universal integrated service cards.

16.

Loss or damage universal integrated service cards.

17.

Prohibition of proxy registration.


18.

Obligation of licensees.

PART III- ESTABLISHMENT OF CENTRAL SUBSCRIBER INFORMATION PART II- IDENTIFICATION AND REGISTRATION OF SUBSCRIBERS DATABASE 3.

Requirement for subscriber registration 4.

Verification of subscriber 5.

Subcribers' registration process 6.

Registration and activation of new subscribers 7.

Registration of existing subscribers 8. International roaming service 9.

Registration of Children 10.

Change of customer information 11.


Subscribers Register 12.

Register of agent sub-agent etc.

13.

Due Diligence on sub- agents.

19.

Establishment of a central subscriber information database.

20.

Persons authorised to register subscribers 21.

Data protection and confidentiality .

22.

Release of personal information of subscriber.

23.

Licensee's right to use subscribers' information.

24.

Providing subscribers' information for law enforcement 25.

Research.

26.
Research.

26.

Providing data for information and communication technology inclusion.

27.

Secure disposal of subscribers' information.

iii PART IV- ENFORCEMENT OF PENALTIES 28.

Providing false information.

29.

Suspension of universal integrated service based telecommunications services.

30.

Deactivation of subscribers' universal integrated service card.

31.

Re-assignment of previously registered subscriber's identification numbers 32.
Maintaining records for allocating rental or lease of communications for use by third parties.

33.

Access to records and dates.

34.

Penalties.

PART V- MISCELLANEOUS PROVISIONS 35.

Transitional provision 36.
Revocation Schedule 28 EXPLANATORY NOTE This is not part of the regulations but it is intended to indicate their general purport) The objective of these Regulations shall be to- (a) provide a clear framework for identifying subscribers of electronic communications services and a minimum framework for verifying the identification details provided by subscribers at the time of registration; and (b) establish minimum standards for maintaining customer registration information for legal and national security purposes.
MADE THIS DAY OF 2020 MRS MADIANA NYANDA SAMBA ACTING CHAIRMAN/COMMISSIONER NATIONAL TELECOMMUNICATION COMMISSION PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.

EXTRAORDINARY GAZETTE NO.

72 OF 6TH NOVEMBER, 2020.

STATUTORY INSTRUMENT NO.

35 OF 2020 Published 6th November , 2020 The Telecommunications Act, 2006 (Act No.

9 of 2006) THE TELECOMMUNICATIONS (SUBSCRIBERS INENTIFICATION AND REGISTRATIONS) REGULATIONS 2020.
In exercise of the powers conferred on the Commission by section 82 of the Telecommunication Act, 2006, the Commission hereby makes the following Regulations .

Short title.

PART I- PRELIMINARY 1.

In these Regulations, unless the context otherwise requires Interpretation.
- "Act" means the National Telecommunication Act, 2006 (Act No.9 of 2006); "access" means making available facilities or services of any licensee under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing communications services, including access to- (a) network elements and associated facilities, which may involve the connection of equipment by fixed or non-fixed means, and includes access to the local loop and to facilities and services necessary to provide services over the local loop; (b) physical infrastructure, as well asbuildings, cable engineering networks, ducts and masts and poles; 2 3 (c) relevant software systems, including opera- tional support systems; (d) number translation facilities, or systems offer- ing equivalent functionality; (e) fixed and mobile networks, in particular for roaming; (f) conditional access systems for digital tele- vision services; (g) access to virtual network services; "activate" means to allow full access to a licensee's network service, including the ability to make and receive calls, to send and receive short message services and other range of services usually provided by mobile or fixed telecommunication service providers and the words "activated", "activation", "deactivate" and "deactivation" shall be read and construed accordingly; "activation window" means the period from the day a subscriber acquires a new line on the network of a licensee, within which a new subscriber is required to register with the relevant licensee and during which, the new subscriber will be granted access; "biometric information" means finger prints and facial image of a subscriber in accordance with the regis- tration specifications provided by the Commission for the registration of subscribers; "central database" means subscriber information database, containing the biometric and other registration information of all subscribers; "Commission" means the National Telecommuni- cations Commission estalished under section 2 of the Act; "data " means
 the quantities, characters, or symbols on which operations are performed by a computer, which may be stored and transmitted in the form of electrical signals and recorded on magnetic, optical, or mechanical recording media; "deactivate" means to disable the telecommunications services provided by operators; "existing subscriber" means a person who is a sub- scriber prior to the effective date of these Regu- lations; "foreign operator" means a network service provider licensed by a telecommunications regulator other than the Commission, to provide telecommunication services in a country other than Sierra Leone; "guardian" in relation to a child includes any person who is in control of the child and is recognized by law as having legal capacity to make decisions on behalf of that child; "identification particulars" means details given by a subscriber to a telecommunications operator or an agent for the purpose of registration; "licence" means a written authorisation granted by the Commission under this Act; "licensee" means a provider of mobile or fixed telephone services that utilises subscription medium in Sierra Leone, 4 5 "media access control address" means a unique number assigned to a network interface controller card by the manufacturer; "mobile station international subscriber directory numbers" mean a number used to identify a mobile phone number internationally and the number includes a country code and a national destination code which identifies the subscriber's operator ; "mobile telephone services" mean telephone services that utilise a subscription medium; "personal information" means the full names including middle name, gender, date of birth, residential address, nationality, state of origin, occupation and such other personal information and contact details of subscribers specified in the registration specifications; "operator" means any person operating an electronic communications network that is open to the public or providing an electronic
 communications service to the public; "proxy registration" means registration on behalf of a subscriber by a person not being the subscriber; "record" means recorded information, in any form, including data in computer systems, created or received and maintained by a public body in the course of official duties and kept as evidence of such activity; "registration" means the process of recording identification particulars of a person as a subscriber by a telecommunications operator or an agent; "short message service" means short message service provided by telecommunications operators; "subscriber" means a person who subscribes to mobile or fixedtelecommunication services by purchasing a subscription medium or entering into a subscription contract with a licensee; "subscriber information" means the biometrics and other personal information of a subscriber recorded and stored by licensees; "subscription medium" means a subscriber identity module smart card, a removable user identity module smart card, a code division multiple access subscriber identity module (CSIM) smart card, a universal subscriber identity module (USIM) smart card, electronic subscriber identity module or any other mobile phone subscription medium marketed from time to time by licensees, containing the telephone number of a subscriber, encoded network identification details, the personal identification number and other user data normally provided by a licensee for the provision of Network Services; "subscriber registration" means the 6 months period from the effective date or such other date as the Commission may specify and any extensions thereto that may be announced by the Commission, within which existing subscribers are required to register their subscription mediums pursuant to these Regulations; "telecommunications operator" means a person or entity licensed under the Act to own and operate telecommunications system or provide telecom- munications services or both; 6 Scope of application
 "UIS Card" means an electronic Universal Integrated Service card; PART II- IDENTIFICATION AND REGISTRATION OF SUBSCRIBERS 7 2.
These Regulations shall apply to the following- (a) (b) the process by which licensed fixed communications operators register communi- cations services; the process by which licensed mobile communications operators register subscri- bers of mobile communications services using electronic universal integrated service cards utilised for delivery of voice, short message service and internet data; (c) operators and their agents involved in the registration of subscribers for communi- cations services; (d) (e) the process by which internet service providers register subscribers for fixed- wireless broadband internet; the process by which satellite service providers register subscribers for satellite communications services; (f) maintaining customer records during active service delivery; (g) maintaining and disposing of customer records after licensees stop delivering services to customers or on cessation of operations; and (h) subscribers of foreign operators who are roaming on the network of a licensee in Sierra Leone.
3.

(1) A licensed communications service provider shall Implement a system to obtain, record and store information about his subscribers from the date of commencement of these regulations .

Requirement for subscriber regulation.
(2) A person or legal entity intends to subscribe to a communication services shall complete the application set out in the First Schedule (3) The applicant shall be required to indicate the following personal information- (a) in the case of a natural person who is citizen or non-citizen (i) full name; (ii) date of birth; (iii) permanent residential address; (iv) nationality; (v) gender; (vi) passport sized photograph, clearly depicting the facial image of the customer and or biometric information or a copy of a valid identification document; and (vii) identification verification documents referred to under paragraph (a) of regulation 4.
8 9 (b) in the case of a legal person or corperate entity, including private enterprises, government agencies, international and diplomatic missions:- (i) the full name of the legal official person or corperate entity; (ii) date of registration or establish ment in Sierra Leone; (iii) registered address of the legal person of corporateentity; (iv) full name of a contact person acting on behalf of the legal person or corperate entity; (v) p a s s p o r t s i z e d p h o t o g r a p h clearlydepicting the facial image of the contact person referred to under sub- paragraph (iv) and biometric information or a copy of a valid identification document; and (vi) verification documents referred to under paragraph (c) of regulation 4 ,.
Verification of subscriber 4.
The following verification documents shall be required in support of registering a subscriber:- (a) in the case of a natural person who is a citizen of Sierra Leone:- (i) an original and valid national identity card; (ii) an original and valid driver's license; (iii) an original and valid passport; (iv) (v) (vi) (vii) an original and valid social secu- rity card; an original and valid voter registration card; an original and valid birth certificate in the case of a child; and a duly signed letter of reference provided by a person of autho- rity in their community; (b) in the case of a natural person who is not a citizen of Sierra Leone- (i) (ii) an original and valid national identity card issued by country of origin; an original and valid passport or travel certificate issued by the competent authority from country of origin or naturalisation; or (iii) an original and valid driver's license; or (iv) a valid visa, resident permit or work permit issued by the competent Autho- rity in the person resident; (c) in the case of a legal person or corporate entity- (i) a copy of business registration certificate 10 Subscriber Registration process.
(ii) certificate of registration of Non- Governmental Organisation; (iii) certificate or letter of engagement by a Government entity or a legal entity registered in Sierra Leone (iv) letter duly signed by an authority of the Government (v) certificate or letter of accreditation from the ministry responsible for foreign affairs (vi) affidavit of authority, to be signed by the Contact Person referred to under paragraph (c) of Regulation 4.

5.

(1) A licensee shall.


(a) register a natural person or corperate legal entity as a subscriber by filling out the forms set out in the Schedule; (b) enter the registration informationprovided by a natural person in an electronic or manual form; (c) require a natural person to appear before him; (d) immediately update the information on the subscriber information database (e) keep the information obtain in a secure and confidential manner.

11 Registration and activation of new subscribers.

6.
6.

(1) Upon the commencement of these Regulations a service provider shall not activate new universal integrated service card or subscription device on its network unless the subscriber completes the registration process of subscription in accordance with these regulations.

(2) The activation window of a new universal integrated service card or subscription device shall not exceed 24 hours after the completion of the registration process or any time limit as may be determined by the Commission.

7.
7.

(1) A licensee shall register personal information for existing subscribers within 6 months of the coming into force of these Regulations.

Registration of existing subscribers.


(2) A licensee shall promote and support the registration of existing subscribers and shall promptly, upon being notified by the Commission, deactivate services provided to any subscriber whose details have not been registered at the expiration of the 6 months granted by the Commission, after coming into force of these Regulations.
(3) Where an existing subscriber's universal integrated service card is missing or damaged or mobile device is stolen containing a universal integrated service card, he shall notify the service provider or sales agent within 24 hours of the incidence.

(4) The missing or stolen universal integrated service card shall only be replaced for the said subscriber if the subscriber proves ownership, otherwise that particular subscriber shall register afresh.

8.
8.

(1) A licensed providing international roaming services to subscribers of a foreign licensee shall enter into a roaming agreement with the foreign operation.

international roaming services (2) The activation window of a universal integrated service card shall be in accordance with the free roaming regulations adopted by the Economic Community of West African States.

12 13 (3) The activation window for a roaming subscriber shall be 48 hours.

Registration of Children.

9.


(1) The minimum age of a subscriber shall be 14 years (2) A licensee shall promote and support the registration of children (3) A parent or guardians accompanying a child to register shall have in his possession the necessary verification documents (b) all media access control addresses of customers, radio subscriber, modules orprimary service routers in the name of the customer in the case of fixed wireless internet.
(2) A service provider shall ensure that its authorised agents registering subscribers submit all completed registration forms with supporting documents within 14 working days from the date of registration of the subscriber.

(4) The parent or guardian of a child shall be registered as the principal subscriber until the child attains the age of 14 format.
(3) The subscribers register shall be kept in an electronic (5) Within days after a child attains the age of 14 the parent or guardian shall register the child as the principal subscriber.

(6) Where the parent or guardians fails to comply with sub-regulation (5) the service card shall be deactivated.

Change of Customer Information.

(1) 10.

Where there is a change to any of the information submitted to a service provider a subscriber shall notify the service provider of such change.
(2) The licensed operator shall within 3 days of receipt of the notification update its subscribers register with the new information provided by the subscriber.

Subscribers register 11.


(1) A service provider shall maintain a register of all registered subscriber to be Know as the Subscriber register which shall contain all relevant information of the subscriber and the following information- (a) all mobile station’s international subscriber numbers activated on universalintegrated service card in the name of subscriber in the case of a mobile communication service; (4) The service provider shall grant the Commission access to all its registers.

12.
12.

(1) A service provider shall maintain a register of all agents, sub-agents and distributors of subscribers identification devices.

13.

An agent who is authorised to appoint sub- agent and distributors for the sale of subscribers devices shall carry out due diligence on the sub-agents and distributors before appointing them .

14.

(1) Subject to sub-regulation (2) a natural person shall Register not register more than (3) universal integrated service card .
(2) The limitation reffered to under sub-regulation (1) number shall not include universal integrated service cards registered for children under the names of their parent or guardian.

(3) A natural person shall not register more than two (2) primary subscriber module per licensed operator for a single locationfor accessing broadband communications services within Sierra Leone.
Register of agents, sub- agents etc Due diligence on sub-agents etc Registration of multiply subscriber device 14 15 (4) Where a legal entity intends to register multiply universal integrated service cards for use by its employees, contractors or customers, the mobile station international subscriber directory numbers for all the unversal integrated service cards registered shall be maintained in its name.
(5) Multiple registrations of subscriber modules shall be permitted for legal entities, provided the addresses and geographycal positioning system coordinate of the locations are recorded and maintained.

Tranfer or change of ownership of universal intergrated service cards.

15.
15.

Where a natural person or legal entity wishes to transfer one or more universal integrated service cards registered in his name he shall apply to the relevant telecommunication operator informing the operator of his wish to transfer the use of the universal integrated service and to transfer the benefits, use and liability of the card to another person or entity.
(2) When considering an application referred to under sub-regulation (1), the telecommunications operator shall abide by the requirements under Regulations 3, 4 and 5 as though the transfer was a new application.

(3) Where the recipient of the universal integrated service card is an existing subscriber, the mobile station international subscriber directory numbers of that universal integrated service card shall be registered and assigned accordingly.
Loss or damaged universal integrated service cards card is - 16.

(1) A subscriber whose universal integrated service (a) lost may make a report to the police and notify the service provider within 48 hours request for a replacement; (b) damaged shall notify the service and request for a replacement; (2) The service provider shall determine the terms and conditions for replacement of universal integrated service cards.

17.
17.

There shall be no proxy registration except where the subscriber provides evidence of being disabled, sick or for reasons of national security.

Prohibition of proxy Regis- tration 18.

(1) A licensee shall, from the date of commencement of these Regulations, inform a customer of - Obligation of licensees (a) (b) (c) his obligations under these Regulations; the manner in which the obliga- tions have to be complied with; and the consequences of non-com- pliance with these obligations.
(2) Where a subscriber is registering several universal integratedservice cards or activating a larg number of internet connections, the operator shall provide additional information on subscriber obligations for allocation of communication devices to third parties.

PART III- ESTABLISHMENT OF CENTRAL SUBSCRIBER INFORMATION DATABASE 19.
(1) The Commission shall establish and maintain a central electronic database of communications service subscribers, known as the central subscriber , information database ,in which all subscriber information shall be stored.

Establishment of a central subscriber information database.
(2) The central subscribers information database shall be housed either within the Commission or in another location as may be determined by the commission and shall provide a platform for processing and storage of subscribers information.
16 17 (3) The database shall enable the commission to- (a) (b) (c) (d) monitor service provider’s com- pliance with these regulations; assist with the operation of emergency services; assist law enforcement agencies to safe-guide national security; assist with the provision of mobile-based emergency warning systems; and (4) A service provider shall, on a monthly basis or at such regular interval as the Commision may specify, transmit to the Commission all subscribers information captured in their subscribers registers within the preceding month or such period as stipulated by the Commission in accordance with these Regulations.
(5) The Commission shall issue guidelines on details of the subscribers information to be submitted.

(6) The Commission shall appoint data controllers either from among its staff or through a service contract with a third party to operate, maintain and ensure authorised use of the data.

(7) The Commission shall set up mechanisms to enable data controllers to conduct periodical compliance audits to verify the accuracy of data submitted by service providers.
(8) Data held by the Commission shall be rectified and upgraded from time to time in case of errors and changes in the subscribers information.

Persons authorised to register subscribers 20.

A licensed operator shall capture, record and transmit to the central subscribers information database the particulars of all its sales 21.

(1) A licensed service provider shall take reasonable steps to ensure the security and confidentialityof subscriber’’ registration information.
Data protection and confidentiality (2) A licensed service provider and the Commission shall take reasonable steps to- (a) (b) prevent corruption, loss or unau- thorised disclosure of subscri- ber’s information; and restrict unauthorised use of sub- scriber’s information by employees (3) subscribers information contained in the central subscriber information database shall be held on a strictly confidential basis and no persons or entities shall be allowed expect authorised personnel.
(4) Access to subscribers information stored on the service provider’s registers and the central subscriber information database shall be prohibited except on the following grounds- (a) (b) (c) assist law enforcement agencies or safeguiding national security; undertaking approved educa- tional, financial, economic, social and research purposes; and assisting the Commission to verify the accuracy and comple- teness of information held by licenced operators.
18 19 Release of personal information of a subscriber.

22.

(1) The release of personal information to law enforcement agencies shall be in accordance with the Act and Regulations made under the Act.

(2) The written request to the Commission shall indicate the rank of the officer requesting the information and the purpose for which the information is required.
(2) A licensed operator shall not release personal information of a subscriber to a third party without prior written consent of the subscriber or directives from the Commission.

25.

(1) A person who wishes to use subscribers information for approved research purposes shall apply to the commission indicating the reason for which he seeks the information.

Research.

(3) Subscribers registration information shall not be transferred outside Sierra Leone without prior approval by the Commission.
(2) Where specific information provided for research purposes is of a confidential or protected nature a research approval shall be subject to a condition -.

(4) Any request for approval to transfer or utilise customer registration information outside the country shall include justification of the purpose for which such data are required to be transferred.
(5) where a subscriber’s information is deliberately or otherwise disclosed in violation of these regulations the service providers shall immediately notify the commission of the breach.

(6) As soon as the Commission receives the notification referred to under sub-regulation () it shall take reasonable steps to minimise the effect breach.
(7) The person who is aggrived as a result of any unlawful use of his personal data has the right too seek legal redress in a court of law Licensee's right to use subscriber information.

Providing subscribers information for law enforcement.

23.

A licensed operator shall retain and use its subscriber’s information on its network in accordance with the Act and regulations made under the Act.

24.
24.

(1) Where a law enforcement agency requires certain confidential information from the subscriber’s information database or subscriber’s register the agency through a senior officer shall submit a written request for such information to the Commission.
(a) requiring the researcher to make a contractual and enforceable arrangement to ensure that any contractor to whom the holder discloses protected information neither uses it for other purposes nor discloses the information; (b) prohibiting the researcher from selling or providing customer data to a person for any purpose unless authorised by the Com mission.

26.
26.

(1) universal integrated service card registration status of subscribers shall be made available to providers of mobile- based technology services in finance.

(2) The Commission shall by statutory instrument make regulations on how providers of information and communi- cations technology services can verify the customer details registered for mobile information and communications technology services.

Providing data for information and communication technology inclusion.

27.
(1) Where a licensed operator with an active subscribers register ceases to operate or the licensed of the operator is revoked the operator shall securely destroy confidential or protected information within 10 working days of the authorisation ceased or being revoked Secure Disposal subscriber information 20 21 (2) Where a person or entity is granted the right to use data from the subscriber’s database completes the use of the data the person or entity shall within working days from the completion of his work securely destroy confidential or protected information that is no longer required (3) The Commission shall supervise the destruction and disposal of the data in a secure and satisfactory manner.
PART IV- ENFORCEMENT AND PENALTIES Providing of false information.

28.

(1) An authorised officer or a customer shall ensure that any information entered into the registration form is true and accurate.

Suspension of universal integrated service based tele- communications services.
(2) An authorised officer or a customer who provides information with regard to details required under sub-regulation (1) knowing that the information is false or having reasonable grounds for believing that the information is false commits an offence (3) Where an employee or agent of a licensed operator knows that an identification document submitted for registration for communications service as required these regulation is false, he shall within 24 hours, report the matter to the nearest police station.
29.

(1) A telecommunications operator shall suspend tele communications services of an unregistered subscriber, if the unregistered subscriber fails to comply with these Regulations within the required period.

(2) A telecommunications operator shall notify all its unregistered subscribers of its intention to suspend the telecommunication services if they do not comply with these Regulations within the required period.
(3) A notice under sub-regulation (2) shall in the first instance, be in the form of a personal notification from the telecommunications operator to the subscriber and subsequent further notices may be in the form of- Deactivation of subscriber's universal integrated Service card (a) an advertisement in a newspaper; (b) an advertisement in an electronic medium or media that broadcasts; or (c) any other form as may be permitted in writing by the Commission.
(4) A telecommunications operator shall reactivate a suspended universal integrated service card where a subscriber complies with these Regulations.

30.
(1) A telecommunications operator shall deactivate a subscriber's universal integrated service card where - (a) (b) (c) for the purpose of reporting to the Commissiona subscriber is deemed to be inactive for a period of 90 days; the subscriber is deemed to be inactive in the use of the providers services for a period to be determined by the Pro- vider and approved by the Commission; the telecommunications operator or the Commission establishes that the subscriber provided false information for registration purposes.
(2) Notwithstanding paragraph (c) of sub-regulation (1), a person who establishes that a subscriber of communications services has provided false information shall make a report to the Commission and request the Commission to take action to deactivate the universal integrated service card.
(3) The Commission shall notify the telecommunications operator of the report, with relevant evidence to enable the operator to decide on the veracity of the report prior to deactivating the subscriber's universal integrated service card.

22 23 (4) Where a complaint has been made to the Commission, a telecommunications operator shall give the subscriber against whom a report has been made, an opportunity to be heard and to respond to the report before deactivating the universal integrated service card.
(5) An internet service provider shall deactivate a subscriber service module or router where- (a) (b) the subscriber is deemed to be inactive for a period of 90 days; internet services to the subscriber has been suspended for any reason for a period of 90 days; (c) upon request by a subscriber; or (d) the telecommunications operator or the Commission establishes that the sub- scriber provided false information for registration purposes.
(6) A person who establishes that a subscriber of communications services has provided false information for registration of an internet service module shall make a report to the Commission and request the Commission to take action to deactivate the universal integrated service card.

(7) The Commission shall notify the service provider of the report, with relevant evidence to enable the service provider to decide on the veracity of the report prior to deactivating the subscriber's internet service.
(8) Where a complaint is made to the Commission, an internet service provider shall give the subscriber against whom a report is made, an opportunity to be heard and to respond to the report before deactivating the internet service.

31.
31.

(1) A licensee intending to assign to another subscriber, a mobile station international subscriber directory numbers or internet subscriber module which was previously owned by another person, shall register that phone number or subscriber module to the new subscriber and remove the information from the original customer's profile.

Re-Assign- ment of previously registered subscriber identification numbers.
(2) The licensed operator shall adopt a policy, subject to the approval by the Commission, to deactivate inactive mobile station international subscriber directory numbers and reassign the numbers to new subscribers.

(3) The policy shall clearly state the applicable period of inactivity that would warrant automatic deactivation.

32.
(1) A subscriber intending to utilise one or more mobile universal integrated service cards, fixed telephone lines or internet connections that has been registered in its name, for allocation to a person in his employment, a child, or for rental or lease to persons utilising services delivered by that subscriber as part of its normal service offering, shall, before handing over a universal integrated service card or providing access to any telecommunication service, record the particulars as required under paragraph (a) or (b) of Regulation 3 and the date on which the utilisation commenced and the period for which the communications service shall be utilised by such person or entity.
(2) The information registered under subsection (1) shall be stored for a minimum period of 3 years.

Maintaining records for allocating, rental or lease of communications use by parties.

33.
33.

(1) A licensed telecommunications operator shall grant the Commission personnel access to its subscriber records and data for the purposes of ensuring compliance with the Act and regulations made under the Act Access to records and data (2) A licensee who contravenes this regulations commits an offence and is liable to a fine not exceeding of le 100,000.00 25 PART V- MISCELLANEOUS PROVISIONS 35.
A licensed telecommunications operator shall ensure that all existing subscribers, who are registered prior to the coming into force of these Regulations, fulfil the requirements of these Regulations within 6 months of the commencement of these Regulations.

Transitional provisions.

36.

The Telecommunications Operators (Registration of Subscribers of SIM and UIM Cards) Regulations, 2009 are hereby revoked.

Revocation 24 Penalties.

34.


(1) A person or customer who provides information regarding a natural person or corporate subscriber under these Regulations, knowing that such information is false or not having reasonable grounds for believing that such information is true is guilty of an offence and is liable to a fine of not exceeding Le 100,000.00 or to a term of imprisonment of not exceeding 1 month or both such fine and imprisonment.
(2) After the commencement these Regulations, a licensee who activates services for a new subscriber in contravention of Regulations 7, 8 and 9, or who fails to deactivate the services of an existing subscriber at the end of the 6 months granted herein, commits an offence and is liable to a fine of not exceeding Le 100,000.00 per mobile universal integrated service subscriber card and Le 500,000.00 per customer for wireless broadband services.
(3) A licensed operator or sales agent who fails to capture, register, deregister, record or transmit the information of a natural person or corporate subscriber to the central subscriber information database under these Regulations, commits an offence and is liable to a fine of not exceeding Le 100,000.00 per universal integrated service card.
(4) A licensee or sales agent who breaches any confidentiality provisions under these regulations commits an offence and is liable to a fine not exceeding Le 5,000,000.00 per subscriber or to a term of imprisonment not exceeding 6 months or to both fine and imprisonment.

(5) A licensed telecommunications operator who fails to grant the Commission access to its subscriber records and data or documents, prior to a request, is subjected to a fine of Le 200,000.00 per day within the period of denial.
(6) Any licensed telecommunications operator who provides incorrect or misleading information or data or records to the Commission, commits an offence, and is liable to a fine of Le 20,000,000.00 for any submission.
26 27 FIRST SCHEDULE Reg 3 (3) and 6 (1) Form SR1B: Requirements for Registration of a Legal Entity Minimum Requirements for Registration for Electronic Communications Services Form SR1A: Requirements for Registration of a Natural Person 1 First Name 2 Middle Name (*) 3 Last Name 4 Date of Birth 5 Sex 6 Permanent Address 7 District 8 Nationality *- Not mandatory Additional Requirements Passport Picture Type of Identity Verification Submitted to be [Only one (1) required] · National ID Card · Driver’s License · Voter’s ID Card · NASSIT Card · Reference Letter (for rural area subscribers only) · Birth Certificate (for children only) · Visa or resident permits or work permit (for non- permanent residents) Name of Entity Registered Address Date of Registration Name of Contact person Address of Contact Person Permanent Address District 8 Nationality Additional Requirements Photo ID of Contact Person Type of Identity Verification Submitted [Only one (1) required] · · · · · · Business Registration Certificate Letter of Registration (NGOs) Letter of Accreditation (Diplomatic Missions) NASSIT/NRA Registration Certificate Letter of the MDA or Government Institute Council Registration Certificate