Fars News Agency Legal and Judicial Department – In July of this year, Shaparak (Electronic Card Payment Network Company) wrote a letter to companies Payment “From now on, anyone who wants to have a payment gateway must have a license,” he said.Inmad»Receive, which is the subject of many business protestsوکارهای Followed the virtual and many lawyers considered it illegal.
An issue that has been brought to the attention of the parliament in recent days, and Mohsen Dehnavi, a member of the presidium of the Islamic Consultative Assembly, said in a warning in the Sunday session of the parliament, citing Article 3 of the constitution:وکارهای Internet required to receive «InmadHas required the central bank to receive the badge Inmad By businessوکارهای The Internet, contrary to the spirit of the law, facilitates the issuance of business licenses.
Parliament defending economic activities in the context of cyberspace
In response to this warning, the Speaker of the Islamic Consultative Assembly, Mohammad Baqer Qalibaf, said: “Disputes between executive bodies such as the Central Bank and the Ministry of Economic Affairs and Finance can not prevent work, and if there is a problem in cyberspace and digital economy, we should receive the symbol.” Fix it.
He continued: “Parliament is a defender of economic activities in the context of cyberspace and all our efforts are to strengthen this area. Currently, according to the statistics provided, digital businesses account for about 4 to 5 percent of the country’s GDP, which should be more Increase from 10 to 15%.
Businessوکارها Inmad To get a star
However, Mehran Moharramian, Deputy Governor of New Technologies of the Central Bank, in a statement defending the mandatory nature of this symbol and referring to the criticism of some economic activists about the imposition of the ban. Inmad To earnوکارهای “Micro-businesses can systematically and online by providing their identity and domain information to obtain Inmad Starless act. (Read the full text of the statements of the Deputy Minister of New Technologies of the Central Bank here)
The Electronic Card Payment Network Company, or Shaparak, is a private joint stock company established to monitor and provide infrastructure for Internet payment gateways. However, most of its shares are owned by government agencies and are controlled by the Central Bank. The symbol of electronic trust or the same Inmad It is also a certificate issued by the e-Commerce Center and a subdivision of the Ministry صمت it is formed.
Being governmental Inmad Has hindered its development
Mohammad Reza Alipour is a PhD student in public law and a researcher in digital lawوگو With a Fars News Agency reporter stating that Inmad Created based on the needs of the community, he said. Inmad It has been practiced in Iran for many years and for years it has been mandatory only in a few cases. Trust Inmad It has also tried to be shaped by media work, but being government Inmad It has not been able to develop well and open its place between businesses and people.
He added: Inmad In these years only to receive a series of information and grant Inmad It is sufficient and has not gone towards defining the services needed by people and businesses. On your part Inmad It has also become a license among other licenses, which requires a long process and a lot of documentation to obtain. However, the Inmad He practically does not take responsibility and until recently Although the He defined 5 stars as 5 levels, but in the end only Inmad It issued 3 stars and had practically no protocol for getting 4 and 5 stars!
Shaparak’s order is definitely illegal
Alipour emphasized on the illegality of Shaparak’s action in forcing businesses to take Inmad Shaparak said that his action is based on Article 103 of the Executive Regulations of Article 14 of the Additional Anti-Money Laundering Law, while Article 103 obliges only “payment service providers” or PSPs to receive Inmad And, of course, that obligation, the obligation to Inmad Not but the obligation to obtain Inmad Or any other trade union license. This means that if someone has a florist license and wants to start an online florist, psp is obliged to provide a payment gateway just by providing a florist license and there is no need to Inmad Not, but Shaparak received in a letter in July of this year Inmad Make acceptors Payments It is also mandatory!
He added: “This order is while”Payment“Payment service provider” are two completely different concepts, and Article 1 of the regulations defines each of these concepts. In addition, the difference between the two concepts is technically quite clear, and the central bank certainly understands the difference between the two.
The central bank either does not know about the regulations or does not pay attention to them
Alipour, referring to the remarks of the Deputy Minister of New Technologies of the Central Bank, said: “He claims that the obligation Paymentبه ها به Inmad It is documented in Article 103, or it means that he did not read the regulations or did not want to pay attention to this distinction; Because the regulations are explicit and cannot be interpreted. Meanwhile, the Central Bank has tried to get an interpretation from the Vice President for Legal Affairs in this regard, and the Vice President for Legal Affairs, because the Legal Vice President distinguishes between Payment Unfortunately, payment providers and service providers have not noticed Payment are considered a kind of payment service providers.
The digital law researcher continued: “However, if anyone wants to file a complaint against this illegal obligation, they must file a complaint against Shaparak, while the Court of Administrative Justice will hear this complaint due to Shaparak’s special jurisdiction.” Does not know and there is no other authority to handle this complaint.
When the grievance authority is not competent
He added: “Of course, we ourselves complained to the court about Shaparak’s order that the court has rejected the lawsuit by declaring it incompetent. However, we have explained the matter to the court again and we are waiting for the court to announce its opinion in this regard;” Because it is true that Shaparak is a private company, but most of its shares are owned by the government.
Alipour criticized the court’s procedure, saying: “This criticism is directed at the court, which understands that its jurisdiction is limited to collections, more than 51% of which are governmental, while the court is the source of grievances according to the constitution, and wherever It takes the place of public affairs bodies that violate public rights. It should be able to be sued and the court should deal with it.
He added: “Mr. Moharramian has said that we are trying to get a license.” Inmad Give less than an hour to the applicant. This issue has two serious drawbacks. First, that registration Inmad In less than an hour, it will be provided if all the necessary licenses are provided, while we see that the licensing process in our country is very long and there are many businesses for which no license has been defined at all. Secondly, we say that this action is against the law, but the Central Bank says that we will bother you less in implementing this illegal action! It’s like someone says Everyone I have to get permission to leave the house, but we will issue a permit sooner than an hour!
The Cabinet regulations have expanded the scope of the law
Reiterating the illegality of Shaparak and the Central Bank, Alipour said: “We should note that the Central Bank has set a restriction that is not within its competence and such restrictions are possible only with the law approved by the parliament and even the Cabinet has the right to impose such restrictions.” And Article 103 of the Executive Regulations of Additional Article 14 of the Anti-Money Laundering Law is also contrary to the Anti-Money Laundering Law; Because Article 7 of the Anti-Money Laundering Article only states that there must be authentication, but Article 103 of the Cabinet requires that Inmad has done; That is, it has increased the restrictions and expanded the scope of the law, while the Council of Ministers is not allowed to do so. On the other hand, this article of the by-laws is in conflict with Article 33 of the Electronic Commerce Law and Article 7 of the General Policies Implementation Law, Article 44 and principles of the Constitution of the Nation.
He added: “We have also complained to the Court of Administrative Justice about the regulations of the Cabinet, and this case is also being considered in the Court of Administrative Justice;” Therefore, the central bank does not have the right to impose such a restriction, and imposing such a restriction results in the creation of a sector regulator, which has become a new regulator and has been illegally institutionalized.
Referring to the Trade Development Center’s misunderstanding of its competence, Alipour said, citing Article 80 of the Electronic Commerce Development Center, which states that “the Ministry of Commerce is obliged to support e-commerce activities by consolidating units.” ذی“Release to establish a center in this ministry.”وکارهای Enter virtual and perform most of the powers of the High Council of Cyberspace.
This researcher of digital law added: “This is while this law is related to the year 1382 and means collections ذیRelates to collections that existed in the same year and is not subject to new establishment and new qualifications. On the other hand, the laws that have been passed after this law, such as the General Policy Reform Law, Article 44, which emphasizes the facilitation of licensing, as well as the issue of establishing the High Council of Cyberspace, which has been tried to be the reference for business decisions.وکارهای Be cyberspace; There are cases that have led to the same limited competence of the e-commerce development center again TightBe wet.
Obligation to Inmad; Prevents the creation of new markets
Emphasizing the destructive effects of this requirement on the business environmentوکارها “Apart from the legal issues, this decision will also have a very destructive effect on the new business environment,” he said. For example, if someone wants to start a new business that can not be defined in the traditional areas of business, it is not possible to obtain a license and due to the impossibility of obtaining a license, it is possible to register. Inmad There will be no business for it and as a result that business cannot have a payment gateway.
Alipour continued: “Innovation means creating a new market and entering new areas that the traditional space has not thought about, and when a license such as Inmad With its requirements, it will no longer be possible for innovative businesses to operate. Especially when the recipient is forced to spend all the time and money
Criticizing the lack of serious determination to counter this illegal action, the researcher in the field of digital law said: “Neither the government nor related institutions such as the Deregulation Organization have so far come to stop this illegal order and only a few members of parliament have spoken.” There have been some cases in this regard that have not been taken into practical action, and as it was said, the way to file a complaint through the Court of Administrative Justice has also been closed in this regard.
However, there is still hope that with the entry of the relevant institutions, this illegal requirement will be stopped in order to create harmful problems for the business ecosystem.وکارهای We are not virtual.
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