(1) The Department monitors that the requirements laid down in or under this Proclamation are
complied with, including monitoring of the operator's contract with the user.
(2) The Department may, in connection with the monitoring, carry out random tests and initiate
measurements and other control measures. Control may be carried out without prior notice.
(3) Anyone submitted to control measures shall ensure that the Department has unimpeded access to
the premises where communications equipment or other devices subject to this Proclamation are
located.
(4) The Department may order the owner or the owner's representative to be present during the
control. Necessary documentation shall be made available to the Department. Lack of co-operation
during the control may result in closure of the applicable communications activities.
(5) The Department may order the establishment of internal control systems to ensure that the
requirements laid down in or under this Proclamation are complied with Documentation showing the
compliance of the requirements as regards internal control shall be prepared. This documentation shall
be accessible to the Department.
42. Correction and Closure
(1) The Department may demand that operators, supplier and installers alter their contractual
practices in accordance with the requirements laid down in or under this Proclamation.
(2) The Department may implement closure of communications network a communications service
communications equipment, a radio activity, when no permit certificate, assignment or approval as
prescribed by or under this Proclamation has been granted, or when the activity may cause serious
threats to health on security. Closure may be carried out without prior notice.
(3) In connection with closure the Department may decide that radio equipment shall be dismantled
and sealed.
(4) In connection with closure the Department may decide that communications equipment which
appear to have been used in violation of provisions of this Proclamation shall be seized. If there is no
prosecution with regard to any equipment seized under this sub-article, the equipment shall be taken
and deemed forfeited to the Department, unless a claim is made within two months from the date of
seizure and the Department finds that the claim is justified.
(5) When considered essential, the Department may demand assistance from the police to carry out
closure, sealing and/or seizure.
43. Security Measures
The Department may order an operator, owner of radio systems and user of radio equipment, as well
as an installer of communications networks and equipment, to implement security measures with
respect to national security, protection of privacy, duty of confidence or other important social
interests, including transmission of announcements from governmental authorities when this is of
major importance. Costs and losses in connection with these measures shall ultimately be covered by
the person or body who orders these measures. Orders regarding protection may be issued without
prior notice.
44. Duty of Disclosure
(1) The Department may request information necessary for the implementation of this Proclamation or
for tasks which are transferred to the Department in connection with international agreements ratified
by Eritrea, i.e. to investigate possible violation of this Proclamation, or regulations or directives issued
pursuant to this Proclamation.
(2) The information may be requested or delivered in writing or orally within a stipulated deadline
from a person or body or groups of bodies or organizations. If the deadline is not complied with, the
permit, the approval or other certificate, assignment pursuant to this Proclamation may be revoked.