Section 36: (1) The supply, export, import or use of cryptology equipment or services in the
transmission of information shall be subject to:
- a prior declaration where such equipment or service is aimed solely at authenticating a
communication or ensuring the integrity of the message that is transmitted;
- prior authorization in the other cases.
An implementation decree shall lay down the conditions for the declaration and the issue of the
authorization mentioned in the preceding paragraph.
(2) However, the conditions listed in Section 36(1) above shall not be applicable to the cryptography
function integrated in sector applications software used by users.
CHAPTER IX
SETTLEMENT OF DISPUTES AND CONTROL
Section 37: (1) The Board shall be competent to examine disputes between telecommunications
operators. It shall give a ruling within a period of one month after the matter has been referred to it.
(2) Where the Board's ruling is contested by one of the parties, the Board shall immediately
designate one or mare arbitrators, inform the parties in conflict and give them a time-limit within
which to plead their cases.
(3) However, the provisions of Section 37(2) not with standing, each party shall reserve the right to
refer the matter to the competent legal authority in accordance with the procedure and time-limit
provided for in the instruments in force.
(4) The appeal shall not stay execution. However, a stay of execution may be ordered by the court of
appeal after a representative of the Board has been heard.
(5) The arbitrator shall give a ruling within a period of 1 (one) month during which he shall be bound
to hear both parties. His decision shall state in particular, the underlying technical and financial
reasons.
(6) The decision of the arbitrator shall be binding on the parties who must comply therewith within a
time-limit of not more than 30 (thirty) days with effect from the notification of the decision to the
Board.
Section 38: The arbitrator shall freely follow on the procedure, guided solely by the principles of
impartiality, equity and justice. He shall, in agreement with the parties, fix the place of arbitration
and may at any time call on either party to submit any further information deemed necessary.
Section 39: The Board may, as of right or at the request of the administration in charge of
telecommunications, a professional organization, an approved association of users or a natural
person or corporate body concerned, after observation or verification, penalize any default by
network operators or suppliers of telecommunications services, in accordance with the provisions of
the laws and regulations relating to their activity or with decisions taken to ensure implementation
thereof.
Section 40: (1) Without prejudice to the prerogatives of the Legal Department and judicial police
officers with general competence, sworn agents, specially recruited by the Board, shall be in charge
of investigation, findings and proceedings to check offences committed in the area of
telecommunications. They shall take on oath before the competent court at the request of the Board,
under conditions laid down by decree.