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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 17, 2019 No. 554

About procedure for marking of separate goods means of digital identification in the Kyrgyz Republic

(as amended on 21-04-2021)

For the purpose of protection of domestic manufacturers and consumers against counterfeit products, strengthening of administration of unaccounted/illicit movement of goods and reducing shadow turnover, according to articles 10 and 17   of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

Procedure for marking of separate goods means of digital identification in the Kyrgyz Republic (further - the Procedure) according to appendix 1;

The list of the made or imported/imported and implementable separate types of the goods which are subject to obligatory marking by means of digital identification in the territory of the Kyrgyz Republic and terms of introduction of obligatory marking (further - the Inventory) according to appendix 2.

- Methodical rules of marking of alcoholic products means of digital identification according to appendix 3;

- Methodical rules of marking of tobacco products means of digital identification according to appendix 4.

2. Determine the State Tax Administration under the Ministry of Economics and finance of the Kyrgyz Republic the authorized state body responsible for implementation and maintaining the State automated information system of marking of goods.

3. Enter obligatory marking of separate types of goods means of digital identification in the Kyrgyz Republic according to the terms specified in the List.

4. Determine that the subjects of economic activity performing production, import/import, realization of separate types of the goods which are subject to obligatory marking by means of digital identification in the territory of the Kyrgyz Republic:

- mark means of digital identification the goods made, imported/imported, realized in the territory of the Kyrgyz Republic which are subject to obligatory marking by means of digital identification according to Procedure;

- before the terms of introduction of prohibition on realization of not marked products specified in the Inventory enable the realization in the territory of the Kyrgyz Republic of goods without obligatory marking by means of digital identification.

5. Determine that control of availability of means of identification on the goods which are subject to obligatory marking:

- the state members of the Eurasian Economic Union made in the territory of the Kyrgyz Republic, imported from the territory and realized in the territory of the Kyrgyz Republic perform bodies of Tax Service;

- imported on customs area of the Eurasian Economic Union from the territories of the states which are not members of the Eurasian Economic Union performs authorized state body in the sphere of customs affairs.

6. To the Ministry of Economics and finance of the Kyrgyz Republic together with Public service of digital development under the Government of the Kyrgyz Republic:

- resolve the organizational technical issues connected with introduction of obligatory marking of separate types of goods in case of their production, import/import, export/export and realization in the territory of the Kyrgyz Republic;

- carry out explanatory and information work among the subjects of economic activity performing production, import/import, export/export, realization of separate types of the goods which are subject to obligatory marking in the territory of the Kyrgyz Republic;

- take measures for implementation of this resolution.

7. Recognize invalid:

the order of the Government of the Kyrgyz Republic "About authorized bodies in the sphere of marking of light industrial goods" of April 11, 2016 No. 188;

-  the order of the Government of the Kyrgyz Republic "About measures for implementation of the Agreement on realization in 2015-2016 of pilot project on introduction of marking of goods control (identification) signs on goods item "Articles of clothing, belongings to clothes and other products, from natural fur", signed on September 8, 2015 in the city of Grodno (No. ratified by the Law of the Kyrgyz Republic of July 21, 2016 126)" of March 3, 2017 No. 135.

8. To impose control of execution of this resolution on department of financial and credit policy of Government office of the Kyrgyz Republic.

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

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of October 17, 2019 No. 554

Procedure for marking of separate goods means of digital identification in the Kyrgyz Republic

Chapter 1. General provisions

1. This Procedure is developed according to the Agreement on marking of goods means of identification in the Eurasian Economic Union (further - EEU) signed on February 2, 2018 in the city of Almaty.

2. In this Procedure the following terms, concepts and determinations are used:

1) the automated information system of marking of goods (further - AIS "Marking of Goods") - the information system providing with means of digital identification the goods which are subject to marking, included in the List of the made or imported/imported and implementable separate types of the goods which are subject to obligatory marking by means of digital identification in the territory of the Kyrgyz Republic (further - the List) determined by this Procedure;

2) the importer - the subject of economic activity performing import to the territory of the Kyrgyz Republic of the goods included in the List;

3) marking code - the unique sequence of the symbols generated in AIS "Marking of Goods" or in system of marking of other state member of EEU when ensuring mutual recognition of codes of marking;

4) private office of the taxpayer - electronic service in AIS "Marking of Goods" for receipt of codes of marking and accomplishment with them other transactions;

5) marking of goods - drawing on goods or its packaging, or attachment to goods or its packaging of means of digital identification according to requirements of the legislation of the Kyrgyz Republic;

6) the marked goods - the goods made in the territory of the Kyrgyz Republic and imported/imported on the territory of the Kyrgyz Republic, included in the List;

7) the marked goods - goods on which means of digital identification with observance of the established requirements and authentic data about which (including data on the means of digital identification and (or) material carriers containing means of identification applied on them) contain in AIS "Marking of Goods" are applied;

8) the material carrier - control (identification) sign or object from any materials which may contain elements (means) of protection against counterfeit and is intended for drawing, storage and transfer of means of digital identification;

9) turnover of goods:

a) import/import to the territory of the Kyrgyz Republic of the goods which are subject to marking by means of digital identification according to the legislation of the Kyrgyz Republic, its transportation, acquisition and realization in the territory of the Kyrgyz Republic;

b) production of the goods which are subject to marking by means of digital identification according to the legislation of the Kyrgyz Republic, its transportation, acquisition and realization in the territory of the Kyrgyz Republic;

10) wholesale trade - the type of trading activity connected with acquisition and sales of goods for their use in business activity (including for resale) or in other purposes which are not connected with personal, family, home and other similar use;

11) bodies of Tax Service - authorized tax authority and territorial tax authorities;

12) bodies of Customs Service - authorized state body in the sphere of customs affairs and its structural divisions;

13) remaining balance of the goods which are subject to marking - goods on which the decision on marking introduction is made by means of digital identification which on Date of Introduction of marking by means of digital identification are in ownership and/or the order at the legal entities and individual entrepreneurs performing turnover of such goods;

14) the producer - the subject of economic activity performing production in the territory of the Kyrgyz Republic of the goods which are subject to marking by means of digital identification;

15) retail trade - the type of trading activity connected with acquisition and sales of goods for use in the personal, family, house and other purposes which are not connected with implementation of business activity;

16) means of digital identification - the marking code applied with the subject of economic activity on the material carrier, in the form of bar or other code in machine-readable form, or written down on radio-frequency tag, or provided with use of other means, or technology of automatic identification;

17) technical operator - the organization determined by the Government of the Kyrgyz Republic responsible for functioning and support of AIS "Marking of Goods";

18) goods - any property having the material and material form and intended for realization;

19) authorized body - the authorized tax authority responsible for implementation and administration of AIS "Marking of Goods".

Other concepts used in this Procedure are applied in the value determined by the legislation of the Kyrgyz Republic.

3. Availability of means of digital identification on the goods included in the List is necessary condition for their storage (except for storages by the producer before marking of products according to engineering procedure or storages under customs control), realization, transportations on the territory of the Kyrgyz Republic (except for the goods placed under customs procedure of the international transit).

4. The taxpayer performing import of the marked goods to customs area of EEU for the room under customs procedure of release for internal consumption including the goods moved through the territories of state members of EEU according to customs procedure of customs transit performs marking of goods means of digital identification before their import to the Kyrgyz Republic or can perform marking by means of digital identification after the room of goods under customs procedure of release for internal consumption in storage facilities of this subject or in the warehouses of temporary storage included in the register approved by authorized state body in the sphere of customs affairs.

5. The subject of economic activity performing import of the marked goods to the territory of the Kyrgyz Republic from the territory of state members of EEU performs marking of goods means of digital identification before their import to the territory of the Kyrgyz Republic.

Chapter 2. Procedure for providing taxpayers with codes of marking

6. Providing taxpayers with codes of marking is made by means of AIS "Marking of Goods".

7. Issue of codes of marking of goods, for creation of means of digital identification, is performed based on the request for receipt of codes of marking, according to appendix 1 to this Procedure (further - the request), created in AIS "Marking of Goods" by means of private office of the taxpayer on the official site of authorized body.

8. The procedure for receipt of access to private office of the taxpayer is determined by authorized body.

9. The decision on issue or on refusal in issue of codes of marking is accepted by the technical operator and no more than two working days go to the taxpayer from the moment of sending the request by the taxpayer by means of AIS "Marking of Goods" according to appendix 2 to this Procedure in time.

10. AIS "Marking of Goods" performs storage of information on marking codes within 6 years.

Chapter 3. Procedure for application of codes of marking

11. After receipt of codes of marking of goods, the taxpayer independently provides forming of means of digital identification with drawing code of marking on the material carrier (goods, consumer packaging of goods, secondary package or the label) in the form of DataMatrix two-dimensional bar code.

12. Drawing over means of digital identification of any elements interfering reading of means of digital identification is not allowed.

13. Goods are marked by drawing on them and (or) their packaging of means of digital identification by the method excluding reuse of means of digital identification.

14. The goods marked with variation from provisions of this Procedure are considered as unmarked.

15. Marking of the goods made in the territory of the Kyrgyz Republic means of digital identification is performed after completion of engineering procedure of production of the marked products or in production process.

16. In case of return by the buyer of earlier acquired goods, in case of spoil or lack of means of digital identification on goods, the taxpayer shall make marking by new means of digital identification.

For marking of returned goods the taxpayer shall receive marking codes, according to Chapter 2 presents of the Procedure, with appendix of the statement of return of the goods which are drawn up in any form between the buyer and the seller of goods with indication of surname, name, middle name and identification taxpayer number, the buyer and return reasons.

17. Means of digital identification is not subject to transfer and use by other taxpayer.

In case of use of the means of digital identification issued to other taxpayer, the goods are considered unmarked.

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