ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 14, 2017 No. 570

About some questions of conducting transactions with the primary goods containing precious metals

For the purpose of enhancement of the mechanism of establishment of content of gold in ores and concentrates and conducting accounting control when exporting the ores, concentrates and waste containing precious metals and the accompanying extracted metals, according to article 35 of the Law of the Kyrgyz Republic "About subsoil", articles 10 and 17 of the constitutional Law "About the Government of the Kyrgyz Republic" Government of the Kyrgyz Republic decides:

1. Approve the Procedure for export from the territory of the Kyrgyz Republic and import to the territory of the Kyrgyz Republic of the ores, concentrates and waste containing precious metals and the accompanying extracted metals, according to appendix.

1-1. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 15.07.2022 No. 384

2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 22.02.2022 No. 93

3. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About approval of the Procedure for export from the territory of the Kyrgyz Republic and import to the territory of the Kyrgyz Republic of the ores, concentrates and waste containing precious metals and the accompanying extracted metals" of July 9, 2015 No. 475;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Procedure for export from the territory of the Kyrgyz Republic and import to the territory of the Kyrgyz Republic of the ores, concentrates and waste containing precious metals and the accompanying extracted metals" of July 9, 2015 No. 475" of January 26, 2016 No. 32.

4. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of September 14, 2017, No. 570

Procedure for export from the territory of the Kyrgyz Republic and import to the territory of the Kyrgyz Republic of the ores, concentrates and waste containing precious metals and the accompanying extracted metals

1. General provisions

1. This Procedure for export from the territory of the Kyrgyz Republic and import to the territory of the Kyrgyz Republic of the ores, concentrates and waste containing precious metals and the accompanying extracted metals (further - the Procedure), determines the organization of carrying out accounting control of precious metals, non-ferrous, ferrous metals, and also ore and concentrates, waste with content of precious, non-ferrous, ferrous metals when exporting from the territory of the Kyrgyz Republic, and also when exporting for conversion on conditions to be provided, including out of customs area, and import to the territory of the Kyrgyz Republic.

2. Requirements of this Procedure are obligatory for execution by participants of foreign economic activity:

- when exporting the primary goods containing precious metals and the accompanying extracted metals, with content of non-ferrous and ferrous metals;

- when exporting the ores, concentrates and waste containing precious metals for conversion on conditions to be provided, including, out of customs area (tolling);

- when importing precious metals, primary goods with content of precious metals.

The allowing procedure for export and import of precious metals in trade with the third countries is performed in compliance with the legal base of the Eurasian Economic Union (further - EEU).

3. Requirements of this Procedure do not extend on:

- the control of transfer pricing (re-export) exercised according to the legislation of the Kyrgyz Republic on transfer pricing;

- transactions of National Bank of the Kyrgyz Republic.

4. The basic concepts used in this Procedure:

state members - the states which are members of the Eurasian Economic Union;

the applicant - person having the property right to ores, concentrates and waste (technogenic educations) containing precious metals and the accompanying extracted metals, intending to perform their import / export about the territory(territories) of the Kyrgyz Republic;

The central laboratory of authorized body on subsurface use - the legal entity registered in the territory of the Kyrgyz Republic, accredited according to requirements of the ISO/IEC 17025 and ISO/IEC standards 17020, engaged in carrying out sampling of the primary goods containing precious metals and the accompanying extracted metals, and testing of the selected samples, according to requirements of this Procedure;

concentrate - product of mineral processing with the increased content of minerals and the lowered content of harmful components in comparison with initial ore. In the presence in concentrate of industrial content of gold - gold-bearing concentrate;

the licensor - authorized state body on export licensing and import of the specific goods included in the Single inventory to which measures of non-tariff regulation in trade with the third countries are applied;

ore - natural mineral education with such content of metals or useful minerals which provides economic feasibility of their extraction;

the accompanying extracted metals - the extracted useful metals which are in a complex in ore in concentrate and in withdrawal with precious metals in the lowered quantities;

primary goods - the goods containing precious metals in ores, concentrates and waste (technogenic educations) and the accompanying extracted metals;

the third countries - the states which are not members of the Eurasian Economic Union;

authorized body on subsurface use - authorized state body on realization of state policy in the field of subsurface use;

authorized body on accounting of precious metals - authorized state body on regulation of the questions connected with transactions with precious metals and gemstones in the territory of the Kyrgyz Republic.

2. Procedure for export of primary goods from the territory of the Kyrgyz Republic

5. For the purpose of export of primary goods from the territory of the Kyrgyz Republic the applicant undergoes the procedure of accounting control.

6. Accounting control includes passing of the following processes:

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