Regulation 71. Criteria for recognition of foreign certification authorities. (DIGITAL SIGNATURE REGULATIONS 1998

[Home] [Databases] [WorldLII] [Search] [Feedback]
Malaysia Legislation

P.U.(A) 359/98
DIGITAL SIGNATURE REGULATIONS 1998

PART X - RECOGNITION OF FOREIGN CERTIFICATION AUTHORITIES

Regulation 71. Criteria for recognition of foreign certification authorities.

(1) A foreign certification authority shall satisfy the following requirements to qualify for recognition under section 19 of the Act:

(

) it shall be licensed or otherwise authorised by the relevant governmental entity in that country to carry on or operate as a certification authority in that country;

(

) the certificate issued by the foreign certification authority demonstrates a level of security equal to or more stringent than the level of security of a certificate issued by a licensed certification authority of Malaysia;

(

) it has established a local agent for service of process in Malaysia;

(

) it complies with the standards and technical requirements under the Act and these Regulations; and

(

) it complies with such other requirements as the Controller thinks fit.

(2) In addition, a foreign certification authority shall only be eligible for recognition under section 19 of the Act if an international treaty, agreement or convention concerning the recognition of its certificates has been concluded to which Malaysia is a party.

(3) Notwithstanding subregulation (1), the Controller may, if the Controller thinks fit to do so, and with the approval of the Minister, grant recognition to a foreign certification authority if it is unable to comply with the requirements of paragraph (1)(a) on the ground that the country concerned does not require a licence or other governmental authority to carry on certification practice in that country but it otherwise satisfies the requirements of paragraphs (1)(b), (c), (d) and (e) and subregulation (2).