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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 13, 2020 No. 79

About some questions in the field of customs affairs

(as amended of the Order of the Government of the Kyrgyz Republic of 29.04.2020 No. 223)

For the purpose of implementation of requirements of the Law of the Kyrgyz Republic "About customs regulation", 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:

- The instruction for application of separate customs procedures according to appendix 1;

- The instruction for control of calculation and customs payment, the special, anti-dumping and compensatory duties according to appendix 2;

- Regulations on temporary storage of goods under customs control according to appendix 3;

- Regulations on customs escort according to appendix 4;

- Regulations on free warehouse according to appendix 5;

- Qualification requirements to workers of customs representatives according to appendix 6;

- Requirements to infrastructure, hardware and operating mode of warehouses of temporary storage and customs warehouses according to appendix 7;

- Procedure for creation and designation of customs control zones according to appendix 8;

- Procedure for use of technical means of customs control according to appendix 9;

- Procedure for purpose of customs examination, sampling and samples in case of customs examination according to appendix 10;

- Procedure for customs control of goods using system of double corridor according to appendix 11;

- Procedure for conducting customs inspections according to appendix 12;

- Procedure for realization or destruction of the foreign goods confiscated or turned into property (income) of the Kyrgyz Republic or on which collection, and also the goods detained by customs authorities according to appendix 13 is turned;

- Procedure for consultation on questions of customs affairs and to other questions entering competence of customs authorities according to appendix 14;

- forms of representation of the reporting to customs authorities by persons performing activities in the field of customs affairs and the persons using and/or owning foreign goods according to appendix 15;

- forms of customs papers according to appendix 16;

- Regulations on procedure for adoption of provisional solutions on classification of goods according to the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (CN FEA EEU) according to appendix 17;

- The instruction on the organization and carrying out customs examination and survey of goods and vehicles according to appendix 18.

2. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 29.04.2020 No. 223

3. Bring in the order of the Government of the Kyrgyz Republic "About procedure for import for the address in the territory of the Kyrgyz Republic of products which are subject to obligatory confirmation of conformity and about recognition of the results of obligatory confirmation of conformity of products received outside the Kyrgyz Republic" of January 11, 2006 No. 8 the following change:

- declare Item 5 invalid.

4. Bring in the order of the Government of the Kyrgyz Republic "About measures for streamlining of functioning of the check points through frontier of the Kyrgyz Republic intended for the international automobile, air and railway service, and internal stationary posts on highways of the Kyrgyz Republic" of November 19, 2007 to No. 556 the following change:

- in preamble of the word "in the Kyrgyz Republic" to exclude.

5. Bring in the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of the Law of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 6, 2015 No. 563 the following changes:

- to recognize paragraphs of the second or fourth, sixth or eighth of Item 1 invalid;

- declare Item 2 invalid;

- to recognize appendices 1-3, 5-7 to the above-named resolution invalid.

6. Introduce in the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, of 101, of 102, of 105, of 128, of 135, of 148, of 153, of 157, of 158, of 163, of 176, of 180, of 213, of 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564 the following changes:

- paragraphs two, the fifth or eighth Item 1 to recognize invalid;

- appendices 1, 4-7 to the above-named resolution to recognize invalid.

7. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About approval of Requirements to infrastructure, hardware and operating mode of warehouses of temporary storage and customs warehouses" of March 25, 2010 No. 185;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About approval of Requirements to infrastructure, hardware and operating mode of warehouses of temporary storage and customs warehouses" of March 25, 2010 No. 185" of March 28, 2012 No. 217;

- Item 3 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of August 1, 2012 No. 524;

- paragraphs two and third the orders of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of the Customs code of the Kyrgyz Republic" of December 28, 2004 No. 961" of September 4, 2012 No. 606;

- the order of the Government of the Kyrgyz Republic "About introduction of forms of the customs papers applied in the territory of the Kyrgyz Republic" of December 8, 2014 No. 697;

- the order of the Government of the Kyrgyz Republic "About some questions in the field of customs regulation" of July 16, 2015 No. 504;

- the order of the Government of the Kyrgyz Republic "About entering of amendments into the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of February 12, 2016 No. 65;

- the order of the Government of the Kyrgyz Republic "About entering of amendments into the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of April 30, 2016 No. 229;

- the order of the Government of the Kyrgyz Republic "About entering of amendments into the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of November 23, 2016 No. 618;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 148, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of February 8, 2017 No. 75;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of May 15, 2017 No. 276;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of May 16, 2017 No. 282;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, 101, 102, 105, 128, 135, 148, 153, 157, 158, 163, 176, 180, 213, 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564" of January 29, 2018 No. 54.

8. This resolution becomes effective after fifteen days from the date of official publication, except for the subitem of 1 Item 12, of the subitem 1 of Item 13 of Requirements to infrastructure, hardware and operating mode of warehouses of temporary storage and customs warehouses, the subitem 5 of Item 18 of the Regulations on free warehouse and the paragraph of the eighth Item 114 of the Instruction for application of separate customs procedures which become effective after two years from the date of entry into force of this resolution.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of February 13, 2020 No. 79

Instruction for application of separate customs procedures

1. General provisions

1. This Instruction is developed according to article 110 of the Law of the Kyrgyz Republic "About customs regulation" (further - the Law) and regulates features of application of customs procedures:

- conversion on customs area;

- outward processing;

- conversion for internal consumption;

- customs warehouse;

- destruction;

- refusal for benefit of the state;

- duty-free trade.

2. The concepts used in this Instruction are applied in the values established by the Customs code of the Eurasian Economic Union (further - the Code), the international treaties regulating customs legal relationship, acts constituting the right of the Eurasian Economic Union (further - the international agreements, acts in the field of customs regulation), and the legislation of the Kyrgyz Republic in the field of customs regulation.

3. The document on conversion conditions on customs area, outward processings, conversions for internal consumption is permission of customs authority on:

- conversion of goods on customs area, drawn up in form according to appendix 1 to this Instruction;

- conversion of goods out of customs area, drawn up in form according to appendix 2 to this Instruction;

- conversion of goods for internal consumption, drawn up in form according to appendix 3 to this Instruction.

4. When placing goods under customs procedures: conversion on customs area; outward processing; conversion for internal consumption, issue of permissions to conversion of goods on customs area, conversion of goods out of customs area, conversion of goods for internal consumption (further - permission to conversion) is performed by customs authorities.

The decision on goods placement under customs procedures of destruction and refusal for benefit of the state is accepted by customs authorities.

2. Features of application of customs procedures of conversion on customs area, outward processings and conversions for internal consumption

5. In this Chapter the following terms and determinations are used:

- objects of conversion - goods for conversion and the used goods which shall be subjected to conversion;

- conversion of goods - accomplishment of production and (or) engineering procedure concerning foreign goods and goods of the Eurasian Economic Union (further - the Union) for the purpose of product receipt of conversion (products);

- production process - set of actions of persons and instruments of labor necessary for production and/or repair of products;

- engineering procedure - the part of production process containing purposeful impacts on change and the subsequent determination of condition of object of conversion;

- foreign goods - the goods specified in the subitem 12 of Item 1 of article 2 of the Code;

- equivalent goods - goods of the Union which according to the description, quality and technical characteristics match with foreign goods;

- equivalent foreign goods - foreign goods which according to the description, quality and technical characteristics match with products of conversion of goods of the Union;

- production wastes - the goods (materials, substances, products, etc.) which are inevitably formed in production process of products and not finding applications for the applicant;

- losses of production - the materials, substances, etc. which are formed and/or forever losing as a result of production process in case of production of products;

- remaining balance - the rest of goods for conversion which was not used for production of products and is classified under the Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the Commodity Nomenclature of Foreign Economic Activity) in the same 10-unit goods item, as goods for conversion;

- conversion products - the goods received as a result of conversion of goods, including both products, and production wastes, and losses of production;

- the quantity of exit of products of conversion in the customs purposes - quantity of the products of conversion which are formed as a result of conversion of goods agrees to the production process specified by person;

- the applicant - the domestic person which is person moving goods for conversion, the application submitting in customs authority on the use of customs procedures of conversion on customs area, outward processings and conversions for internal consumption which placed goods for conversion and bearing in full responsibility for strict and timely accomplishment of conditions of customs procedures and their completion;

- the processor - person who is directly performing use of objects of conversion in production process.

§ 1. Customs procedure of conversion on customs area

6. Customs procedure of conversion on customs area - the customs procedure applied concerning foreign goods according to which with such goods transactions on conversion on customs area of the Union for the purpose of product receipt of their conversion are made, intended for the subsequent export from customs area of the Union, without payment concerning such foreign goods of import customs duties, taxes, the special, anti-dumping, compensatory duties in case of observance of conditions of goods placement under this customs procedure and their uses according to such customs procedure.

7. Goods placement conditions under customs procedure of conversion on customs area are:

1) availability of permission of customs authority for conversion of goods on customs area. As such document the declaration on goods can be used if the purpose of application of customs procedure of conversion on customs area is repair of goods, and also in other cases determined by the Eurasian economic commission;

2) possibility of identification by customs authorities of the foreign goods placed under customs procedure of conversion on customs area in products of their conversion, except as specified replacements of such foreign goods with equivalent goods according to article 172 of the Code;

3) observance of prohibitions and restrictions according to article 7 of the Code.

8. The term of conversion of goods on customs area cannot exceed 3 years or more long term determined by the Eurasian economic commission for separate types of goods.

9. For establishment of quantity of exit of products of conversion in the customs purposes, person represents to customs authority calculation of quantity of the formed conversion products proceeding from regulations of exit of products of conversion. Setting standards of exit of products of conversion is performed according to the procedure, established by appendix 4 to this Instruction.

10. The regulation of exit of the products of conversion formed as a result of conversion of certain quantity of foreign goods (quantity or percentage) is established by person who got permission to conversion of goods on customs area taking into account the actual conditions under which it is performed.

11. The regulation of exit of products of conversion is approved with the customs authority which issued permission to conversion of goods on customs area before export of products of conversion from customs area.

12. Determination and approval of regulation of exit of products of conversion by customs authority is made based on the documents submitted by the customs applicant containing data on engineering procedure of conversion. In case of establishment of regulation of exit by customs authorities the conclusions of the expert organizations based on specific engineering procedure of conversion are considered.

13. If necessary, proceeding from results of regulations of exit of products of conversion, changes are made to permission to conversion of goods on customs area, according to Item 75 of this Instruction.

At the same time person submits to customs authority the documents containing the data on engineering procedure of conversion confirming changes of regulations of exit of products of conversion and also the conclusions of the expert organizations based on specific engineering procedure of conversion.

§ 2. Customs procedure of outward processing

14. Customs procedure of outward processing - the customs procedure applied concerning goods of the Union according to which such goods are exported from customs area for the purpose of obtaining as a result of making of transactions on outward processing of the products of their conversion intended for the subsequent import to customs area without payment concerning such goods of the Union of export customs duties in case of observance of conditions of goods placement under this customs procedure and their uses according to such customs procedure.

15. Goods placement conditions under customs procedure of outward processing are determined in Item 1 of article 177 of the Code.

16. The goods placed under customs procedure of release for internal consumption with provision of privileges on payment of customs duties of the taxes integrated to restrictions on use and (or) the order of goods can be placed under customs procedure of outward processing for making of transactions on their repair.

17. The term of conversion of goods out of customs area cannot exceed 2 years.

18. For establishment of quantity of exit of products of conversion in the customs purposes, person represents to customs authority calculation of quantity of the formed conversion products proceeding from regulations of exit of products of conversion. Setting standards of exit of products of conversion is performed according to the procedure, established by appendix 4 to this Instruction.

19. The regulation of exit of the products of conversion formed as a result of conversion of certain quantity of the exported goods (quantity or percentage) is established by person who got permission to conversion of goods out of customs area in case of which taking into account the actual conditions it is performed.

20. The regulation of exit of products of conversion is approved with the customs authority which issued permission to conversion of goods out of customs area before import of products of conversion to customs area.

21. Determination and approval of regulation of exit of products of conversion by customs authority is made based on the documents submitted by the customs applicant containing data on engineering procedure of conversion. In case of establishment of regulation of exit by customs authorities the conclusions of the expert organizations based on specific engineering procedure of conversion are considered.

22. If necessary, proceeding from results of regulations of exit of products of conversion, changes are made to permission to conversion of goods out of customs area, according to Item 75 of this Instruction.

At the same time person submits to customs authority the documents containing the data on engineering procedure of conversion confirming changes of regulations of exit of products of conversion and also the conclusions of the expert organizations based on specific engineering procedure of conversion.

23. Import of products of conversion in the quantity exceeding the established regulations of exit of products of conversion is not allowed, except for the case specified in Item 22 of this Instruction.

24. The goods quantity determination technique (conversion products) for the purposes of calculation of the amounts of customs duties, taxes according to the Code is based on regulations of exit of products of conversion, taking into account the conclusion of the expert organizations for specific engineering procedure of conversion if according to the legislation of the Kyrgyz Republic the specified goods are subject to obligatory return import to the Kyrgyz Republic.

§ 3. Rules of replacement of foreign goods with equivalent goods of the Union in case of conversion of goods on customs area and replacements of products of conversion with equivalent foreign goods in case of conversion of goods out of customs area

25. This paragraph determines procedure and terms of replacement of foreign goods goods of the Union in case of application of customs procedure of conversion on customs area (equivalent goods), and also rules of replacement of products of conversion with foreign goods (equivalent foreign goods) in case of application of customs procedures of outward processing if transactions on outward processing is repair and also if transactions on outward processing are performed concerning the goods moved with pipeline transport.

26. Equivalent goods are understood as goods of the Union which on the to the description, quality and technical characteristics match with foreign goods.

27. Equivalent foreign goods are understood as foreign goods which according to the description, quality and technical characteristics match with products of conversion of goods of the Union.

28. According to provisions   of articles 172 and 183 of the Code replacement of foreign goods with equivalent goods and replacement of products of conversion with equivalent foreign goods is allowed with the permission of customs authority.

29. Permission of customs authority to replacement of foreign goods with equivalent goods and to replacement of products of conversion with equivalent foreign goods (further - permission to replacement) can be issued along with issue of permission to conversion of goods on customs area and conversion of goods out of customs area, or after issue of permission to conversion.

30. For receipt of permission to replacement person getting permission to conversion in the statement for conversion of goods on customs area and out of customs area specifies the following data:

1) the name of equivalent goods (or equivalent foreign goods), their code according to single the Commodity Nomenclature of Foreign Economic Activity and quantity;

2) the description, quality and technical characteristics of equivalent goods (or equivalent foreign goods), including date of their production in case of making of transactions on repair of goods.

31. The customs authority makes the decision on issue of permission to replacement in case of representation by person getting permission to conversion, the documents confirming observance of the following conditions:

1) description, quality and technical characteristics:

- foreign goods match with equivalent goods (in case of conversion of goods on customs area);

- products of conversion of goods of the Union match with equivalent foreign goods (in case of conversion of goods out of customs area);

2) when implementing transactions on repair of goods:

- in case of conversion on customs area the foreign goods which were in the use are supposed to be replaced with the equivalent goods which were in the use;

- in case of outward processing of the goods of the Union which were in the use, products of their conversion are supposed to be replaced with the equivalent foreign goods which were in the use;

3) the possibility of replacement of foreign goods with equivalent goods and replacements of products of conversion with equivalent foreign goods is provided by the service provision agreement on conversion;

4) in cases of conversion of goods:

- on customs area foreign goods are replaced with the equivalent goods which are products of person who is directly making transactions on conversion according to the issued permission to conversion of goods on customs area;

- out of customs area products of conversion are replaced with the equivalent foreign goods which are products of person who is directly making transactions on conversion according to the issued permission to conversion of goods out of customs area.

32. The decision on issue of permission to replacement, in case of receipt by the applicant of permission to conversion, is accepted by customs authority, with indication of in the corresponding Item of permission to conversion that such replacement is resolved.

33. In case of need of replacement of foreign goods with equivalent goods and products of conversion after receipt by person of permission to conversion, such person gives equivalent foreign goods (in case of impossibility of carrying out repair) to the customs authority which issued permission to conversion, the statement for replacement of products of conversion with equivalent foreign goods constituted in any form with indication of the data provided by Items 30 and 31 of this Instruction, and provision of documents for these data. In case of decision making about issue of permission to replacement the customs authority makes the corresponding additions to permission to conversion.

34. The decision on issue of permission to replacement is made by customs authority:

1) in case of consideration of question of issue of permission to replacement along with consideration of the application about conversion of goods on customs area and out of customs area - in terms, stipulated in Item the 52nd this Instruction;

2) in case of consideration of the application about replacement of foreign goods with equivalent goods and conversion products equivalent foreign goods after issue of permission to conversion of goods on customs area and out of customs area - in terms, stipulated in Item the 52nd this Instruction.

35. In case of non-compliance with provisions of Items 30 and 31 of this Instruction the applicant getting (got) permission to conversion is notified by customs authority on refusal in issue of permission to replacement in writing, in terms, stipulated in Item the 52nd this Instruction.

36. The decision of customs authority on refusal in issue of permission to replacement shall be reasonable and motivated.

§ 4. Customs procedure of conversion for internal consumption

37. Customs procedure of conversion for internal consumption - the customs procedure applied concerning foreign goods according to which with such goods transactions on conversion for internal consumption for the purpose of product receipt of their conversion are made, intended for the subsequent room under customs procedure of release for internal consumption, without payment concerning such foreign goods of import customs duties in case of observance of conditions of goods placement under this customs procedure and their uses according to such customs procedure.

38. Customs procedure of conversion to internal consumption is applied to goods which list is established by the Government of the Kyrgyz Republic.

39. Goods placement conditions under customs procedure of conversion for internal consumption are determined by Item 1 of article 189 of the Code.

40. The term of conversion of goods for internal consumption cannot exceed the term, stipulated in Item 3 articles 193 of the Code.

41. For establishment of quantity of exit of products of conversion in the customs purposes, the applicant calculation of quantity of the formed conversion products proceeding from regulations of exit of products of conversion is represented in customs authority. Setting standards of exit of products of conversion is performed according to the procedure, specified in appendix 4 to this Instruction.

42. The regulation of exit of the products of conversion formed as a result of conversion of certain quantity of foreign goods (quantity or percentage) is established by the applicant who got permission to conversion of goods for internal consumption taking into account the actual conditions under which it is performed.

43. The regulation of exit of products of conversion is approved with the customs authority which issued permission to conversion of goods for internal consumption before product output of conversion on customs area.

44. Determination and approval of regulation of exit of products of conversion by customs authority is made based on the documents submitted by the customs applicant containing data on engineering procedure of conversion. In case of establishment of regulation of exit by customs authorities the conclusions of the expert organizations based on specific engineering procedure of conversion are considered.

45. If necessary, proceeding from results of regulations of exit of products of conversion, changes are made to permission to conversion of goods for internal consumption, according to Item 75 of this Instruction.

At the same time person submits to customs authority the documents containing the data on engineering procedure of conversion confirming changes of regulations of exit of products of conversion and also the conclusions of the expert organizations based on specific engineering procedure of conversion.

§ 5. Procedure customs authorities of the actions connected with issue, response and renewal of permission to conversion of goods on customs area, conversion of goods out of customs area and conversion of goods for internal consumption

46. This paragraph determines actions of officials of customs authorities in case of issue, withdrawal (cancellation) of permission to conversion on customs area, outward processing and conversion for internal consumption (further - permission to conversion), and also actions of officials of customs authorities in case of renewal of action of permission to conversion.

47. Officials of customs authorities to which duties questions of issue, withdrawal (cancellation) of permission to conversion, transfer to his other person, introduction in it of changes and amendments, approval and prolongation of terms of conversion of goods, renewal of action of permission to conversion belong (further - the official) exercise general control of observance of conditions of goods placement under customs procedure of conversion.

48. For application of customs procedures of conversion on customs area, conversions for internal consumption and outward processing, the applicant needs to get permission to conversion, except for when the Eurasian economic commission establishes cases in case of which as permission to conversion the declaration on goods can be used.

49. For receipt of permission to conversion of goods the applicant files petition in customs authority in which region of activities it is registered as the taxpayer according to the tax legislation of the Kyrgyz Republic.

50. The following data are specified in the statement:

1) about the applicant;

2) about the processor;

3) about the goods intended for conversion (the name, code according to the Commodity Nomenclature of Foreign Economic Activity, quantity, cost);

4) about conversion products according to regulation (regulations) of product yield (products) of conversion:

- products (finished product) (the name, code according to the Commodity Nomenclature of Foreign Economic Activity, quantity, cost);

- about the waste, losses of production which are formed when making transactions on conversion of foreign goods (the name, code according to the Commodity Nomenclature of Foreign Economic Activity, quantity, cost);

- about remaining balance of the foreign goods which are not used for production of products (the name, code according to the Commodity Nomenclature of Foreign Economic Activity, quantity, cost);

5) about transactions on conversion of goods, including technology and terms of their making;

6) about the location of production capacities with which use transactions on conversion of goods are made;

7) about regulation of exit of products of conversion;

8) about the offered methods of identification of the imported/exported goods in conversion products;

9) about replacement of foreign goods with equivalent goods and conversion products foreign equivalent goods, except for customs procedure of conversion for internal consumption;

10) about possibility of further commercial use of waste;

11) about the term of conversion of goods.

51. The documents specified in the statement confirmatory data are enclosed to the application for conversion of goods on customs area.

52. The customs authority considers the application for conversion of goods and the documents attached to it within 10 (ten) working days from the date of their acceptance. If the submitted documents and data specified in Item 72 of this Instruction are incomplete for decision making, the customs authority in writing requests from person, and also state bodies have documents and additional data. At the same time the term of consideration of the application stops before provision of the documents requested by customs authority and additional data.

53. According to the written application of the applicant who got permission to conversion with the permission of customs authority, changes or additions which are not contradicting the Code, international treaties, acts in the field of customs regulation, to the legislation of the Kyrgyz Republic in the field of customs affairs and this Instruction can be made to the issued permission to conversion.

54. The customs authority which issued permission to conversion considers the application within 10 (ten) working days. The refusal of customs authority about modification and amendments in permission to conversion shall be reasonable and motivated. The customs authority notifies person who got permission to conversion of goods about refusal in writing.

55. In case of decision making about issue of permission to conversion of goods, the official approves issue of permission with the relevant division of customs authority to which duties control of calculation of customs duties, taxes belongs.

56. In the Item "Special Marks of Customs" of permission to conversion by the official record is performed: "Necessary data and documents are provided in full and checked, goods placement under customs procedure of conversion (on customs area, out of customs area and for internal consumption) is possible", puts down the signature, date and print of personal number seal.

57. The official fills two copies of permission to conversion, depending on the chosen customs procedure of conversion, in the form given in appendices 1, 2 and 3   to this Instruction which are distributed as follows:

- the first copy of permission to conversion is issued to the applicant getting permission to conversion or his representative by proxy;

- the second copy of permission to conversion is used by the customs authority which issued permission to conversion for customs control over application of customs procedure of conversion.

58. The official creates control case "Control of execution of permission to conversion No. _____" (further - control case).

59. Permission to conversion is signed by the chief of customs authority or person replacing it are dated also impress of a seal of customs authority, and is registered in the book of accounting of the issued permissions to conversion of goods on customs area (further - the Book of accounting) which sample is given in appendix 5 to this Instruction.

60. In case of receipt of permission to conversion the applicant or his representative by proxy puts down the signature and date in column 4 of the Book of accounting.

61. After release of the goods imported or exported for conversion or products of their conversion, waste and remaining balance the official files copies of declarations on goods and documents on them, in control case.

62. In case of refusal in issue of permission to conversion the customs authority notifies on it the applicant in writing, with reasonable and motivated statement of causes of failure.

§ 6. Actions of officials in case of approval of term of conversion, its prolongation and modification and amendments in permission to conversion of goods on customs area, conversion of goods out of customs area and conversion of goods for internal consumption

63. By consideration of the statement by customs authority for receipt of permission to conversion of goods: on customs area, out of customs area and for internal consumption, the official in case of approval of term of conversion of goods considers the documents containing data on engineering procedure of conversion taking into account the declared goods quantity which can be processed for this term, and also time necessary for the actual export and import of products of conversion and making of customs transactions, concerning conversion products.

64. The official fixes the beginning of term of conversion of goods after receipt of the verified copy of copy of the declaration on goods, testimonial of goods placement (the first batch) under customs procedures of conversion. For this purpose in the corresponding Item of permission to conversion, the official performs record: "Conversion term with" ___" _____________ 20 __ years to" ___" ______________ 20 __ years" is put down the signature, date and print of personal number seal.

65. If the applicant who got permission to conversion without violating the requirements and conditions established by the Code, this Instruction cannot complete customs procedures of conversion in certain time for the reasons which are not depending on it, originally certain term of conversion of goods can be prolonged according to the motivated address of person within the terms established by provisions of Articles 168, 181 and 193 Codes.

66. Consideration of the address by customs authority about prolongation of term of conversion of goods is made based on the written application of the applicant who got permissions to conversion.

67. The application for prolongation of term of conversion of goods is considered by customs authority within 10 (ten) working days and reported to the applicant who got permission to conversion of goods about prolongation of term of conversion or about refusal in such prolongation.

68. In case of prolongation of term of conversion of goods on customs area, out of customs area and for internal consumption the fixed validity of customs procedures can be extended no later than 10 (ten) working days after their expiration.

69. In case of prolongation of term of conversion of goods by the official the official report to the chief of customs authority or person replacing it about possibility of prolongation of term of conversion is introduced.

70. The decision on possibility of prolongation of term of conversion of goods is made by the chief of customs authority or person replacing it. The decision on prolongation of term of conversion of goods is drawn up by putting down on the statement, the resolution of the chief of customs authority (or persons, it replacing): "Prolongation of term of conversion is authorized for a period of up to __________" which is certified by the signature with putting down of date. At the same time the renewal term is specified in complete calendar months.

71. After decision making about prolongation of term of conversion of goods by the official of customs authority record is brought in the Item "Conversion Term" of the first and second copies of permission to conversion: "The term of conversion is prolonged on _______ month(s). Aggregate term of conversion constitutes _______ month(s)", the signature, date and print of personal number seal is put down.

72. The official in control case the statement of the applicant for prolongation of term of conversion of goods with the resolution of the chief of customs or person replacing it, and documents based on which conversion term was prolonged joins.

73. The customs authority makes the decision on refusal in prolongation of term of conversion of goods on customs area if the applicant does not comply requirements and conditions of application of customs procedure of conversion of goods established by the Code, international treaties, acts in the field of customs regulation and this Instruction.

74. The customs authority notifies the applicant who got permission to conversion on the specified refusal in writing. The refusal of customs authority in prolongation of term of conversion of goods on customs area shall be reasonable and motivated.

75. According to the written application of the applicant who got permissions to conversion with the permission of customs authority, changes or additions which are not contradicting the Code, international treaties, acts in the field of customs regulation and this Instruction can be made to the issued permission to conversion.

The application for modification of permission to conversion is submitted by person who got such permission to the customs authority exercising control of observance of conditions of goods placement under customs procedure of conversion and conditions of their use according to such customs procedure.

76. The customs authority which issued permission to conversion considers the application within 10 (ten) working days.

77. The decision on modification and amendments in permission to conversion is accepted by the chief of customs authority or person replacing it.

78. Decision making about modification and amendments in permission to conversion, shall be reasonable and is drawn up in any form with indication of columns of permission to conversion where changes are made.

79. In case of decision making about refusal to make changes and/or additions to permission to conversion, the customs authority sends to the applicant who got permission to conversion, the decision on refusal in writing with reasonable and motivated statement of causes of failure.

§ 7. Actions of officials in case of response and cancellation of permissions to conversion of goods on customs area, conversion of goods out of customs area and conversion of goods for internal consumption

80. The issued permission to conversion can be withdrawn by customs authority.

81. Permission to conversion responds customs authority in cases if:

- according to the made decision of the Eurasian economic commission goods placement under customs procedure of conversion is not allowed;

- in case of its obtaining data concerning foreign goods, products of their conversion, remaining balance and waste which statement led to understating of the amounts of customs payments were declared;

- the applicant declares regulations of exit of products of conversion taking into account the actual conditions of conversion under which it was performed which statement led to understating of the amounts of customs payments.

82. Before decision making about withdrawal of permission to conversion according to paragraphs the third and (or) fourth Item 81 of this Instruction, the customs authority sends to the person in writing the notification on possible withdrawal of permission to conversion, with indication of the reasons of recall. If within 10 (ten) working days from the date of receipt of the notification person who got permission to conversion of goods does not take measures for elimination of the reasons of recall of permission to conversion, such permission to conversion responds customs authority.

83. The decision of customs authority on withdrawal of permission to conversion made according to the paragraph the second Item 81 of this Instruction is effective from the date of entry into force of the decision of the Eurasian economic commission on prohibition on goods placement under customs procedure of conversion.

84. The decision of customs authority on withdrawal of permission to conversion made according to paragraphs the third and (or) fourth Item 81 of this Instruction is effective from the date of decision making of customs authority about withdrawal of permission to conversion.

85. In case of withdrawal of permission to conversion the room foreign and goods of the Union under customs procedures of conversion according to the withdrawn permission are not allowed.

86. Concerning the goods placed under customs procedures of conversion to withdrawal of permission to conversion completion of the specified customs procedure according to provisions of Chapters 24, 25 and 26 Codes is allowed.

87. In case of withdrawal of permission to conversion according to paragraphs the third and (or) fourth Item 81 of this Instruction concerning the foreign goods placed under customs procedure of conversion on customs area and conversion products which on the date of withdrawal of permission to conversion of goods on customs area are not placed under customs procedure of re-export customs duties, taxes according to provisions of article 175 of the Code are subject to payment.

88. In case of withdrawal of permission to conversion according to the paragraph the third and (or) fourth Item 81 of this Instruction concerning the foreign goods placed under customs procedure of conversion for internal consumption, and conversion products which on the date of withdrawal of permission to conversion of goods for internal consumption are not placed under customs procedure of release for internal consumption the customs duties, taxes are subject to payment according to provisions   of articles 199 and 200 of the Code.

In case of withdrawal of permission to conversion according to paragraph one of this Item, the customs authority sends to the applicant who got permission to conversion, the decision on response in writing with reasonable and motivated statement of the reasons of recall.

89. Permission to conversion is cancelled by customs authority if in case of its obtaining obviously false information concerning goods, products of their conversion, remaining balance and waste, exit regulations which statement led to understating of the amounts of customs payments was declared.

90. The decision of customs authority on cancellation of permission to conversion becomes effective from date of issue of permission to conversion.

91. Customs authorities from the date of decision making about cancellation of permission to conversion stop making of customs transactions concerning foreign and domestic goods, products of conversion, remaining balance and waste in connection with cancellation of permission to conversion.

92. In case of cancellation of permission to conversion within 10 (ten) days from the date of decision making about cancellation are subject to payment:

- customs duties, taxes, the special, anti-dumping, compensatory duties concerning the foreign goods placed under customs procedure of conversion on customs area according to the procedure, established articles 175 of the Code;

- customs duties concerning the foreign goods placed under customs procedure of conversion for internal consumption according to the procedure, established by provisions   of articles 199 and 200 of the Code;

- export customs duties concerning the products of conversion placed under customs procedure of re-export;

- export customs duties concerning the goods of the Union placed under customs procedure of outward processing according to the cancelled permission to conversion of goods out of customs area;

- import customs duties, taxes, the special, anti-dumping, compensatory duties, in full, proceeding from quantity or customs value of the products of conversion imported on customs area according to the cancelled permission to conversion of goods out of customs area.

93. The withdrawal (cancellation) of permission to conversion is drawn up by customs authority in duplicate in the form given in appendix 6 to this Instruction.

The first copy of response (cancellation) of permission to conversion remains in customs authority, the second copy goes to the applicant who got permission to conversion with the cover letter of customs authority constituted in any form.

94. In case of withdrawal (cancellation) of permission to conversion, the official in the second copy of permission to conversion in the Item "Special Marks of Customs" makes entry: "Permission is withdrawn cancelled) from the date of _________ on the basis _______________", puts down the signature, date and print of personal number seal.

95. In column 8 of the Book of accounting the official of customs authority makes entry about withdrawal (cancellation) of permission to conversion, with indication of date of response (cancellation) of permission to conversion.

3. Features of application of customs procedure of customs warehouse

96. Application of customs procedure of customs warehouse concerning goods which because of the big dimensions or special conditions of loading, unloading and (or) storages cannot be placed under customs locks is allowed.

97. Goods placement under customs procedure of customs warehouse, in cases of storage of goods in the places which are not customs warehouses is made in customs authority in which region of activities actually there are goods.

98. Storage of goods can be performed in the places which are not customs warehouses in the presence of the decision of customs authority on storage in such places made according to this Chapter.

99. For receipt of the decision the customs applicant, submits the written statement constituted in any form in which the name and commodity code according to the Commodity Nomenclature of Foreign Economic Activity, their quantity, cost, the location, and also summary of the reasons by which the customs applicant cannot perform storage of goods under customs locks, with application of documents on goods are specified.

100. The structural division of customs authority to which functional duties control of customs procedures belongs considers the application of the customs applicant on goods placement under customs procedure of customs warehouse and the documents attached to it, prepares the draft of the letter providing goods placement under customs procedure of customs warehouse, or the letter of refusal in goods placement under customs procedure of customs warehouse on the official form of customs authority.

The chief of customs authority or person replacing it makes the decision on goods placement under customs procedure of customs warehouse, or refusal in goods placement under customs procedure of customs warehouse.

101. The decision of customs authority on goods placement under customs procedure of customs warehouse, or refusal in such room goes to the customs applicant.

102. The term of consideration of the application of the customs applicant constitutes 10 (ten) calendar days from the date of adoption of the statement.

103. The customs applicant provides to the customs authority which made the decision on goods placement under customs procedure of customs warehouse, the reporting upon the demand of customs authority.

104. Bonded storage of the goods of the Union placed under customs procedure of export for up to six months is allowed.

4. Features of goods placement under customs procedure of duty-free trade and the organization of duty-free shop

105. Customs procedure of duty-free trade - the customs procedure applied concerning foreign goods and goods of the Union according to which such goods are and implemented at retail in duty-free shops, without payment concerning foreign goods of import customs duties, taxes, the special, anti-dumping, compensatory duties in case of observance of conditions of goods placement under this customs procedure and their uses according to such customs procedure.

106. Duty-free shops depending on persons having the right to purchase of goods in such shops are subdivided on:

- the duty-free shops realizing goods to the physical persons arriving to customs area of the Union and decreasing out of limits of customs area of the Union;

- the duty-free shops realizing goods to diplomatic representations, consular establishments, representative offices of the states under the international organizations, to the international organizations or their representations located on customs area and also members of diplomatic staff of diplomatic representation, consular officials and members of their families who live together with them, personnel (employees, officials) of representative offices of the states under the international organizations, the international organizations or their representations (further - diplomatic corps).

107. The domestic legal entities included in the register of owners of duty-free shops according to international treaties, acts in the field of customs regulation, the legislation of the Kyrgyz Republic in the field of customs affairs are allowed to implementation of activities as the owner of duty-free shop (further - the owner of shop).

108. Realization in duty-free shop of the goods prohibited for the room under customs procedure of duty-free trade according to international treaties and acts in the field of customs regulation and the legislation of the Kyrgyz Republic in the field of customs affairs is not allowed.

109. The owner of shop submits the report on the form approved by the Government of the Kyrgyz Republic.

§ 1. Organization and requirements to arrangement, arrangement and equipment of duty-free shops

110. Duty-free shops can be open at the check points through Frontier of the Kyrgyz Republic located on customs border and in the cities in which there is diplomatic corps.

111. The location of duty-free shop at the check points through Frontier of the Kyrgyz Republic located on customs border shall be approved by its owner with authorized state body in the field of protection of frontier.

112. The location of duty-free shop for diplomatic corps and need of opening of such shop for diplomatic corps shall be approved by its owner with authorized state body in the field of customs affairs.

113. Premises of duty-free shop are the customs control zone. Premises of duty-free shop can consist of trade floors, utility rooms, warehouses which are in limits of the customs control zone.

114. Arrangement and the equipment of premises of duty-free shops shall conform to the following requirements:

- rooms shall be equipped so that to provide sales of goods only in trade floors of duty-free shop, safety of goods and possibility of carrying out concerning them customs control;

- utility rooms and warehouse of duty-free shop shall be equipped and equipped so that to exclude access to the goods of strangers (the persons who are not employees of duty-free shop, not having powers concerning goods or not being representatives of persons having powers) which are in these rooms, and also to provide possibility of imposing on the specified rooms of means of customs identification;

- only the room can be warehouse of duty-free shop. Use as warehouse of duty-free shop of the open areas is not allowed;

- use of trade floors, utility rooms and warehouse of duty-free shop for the storage and sales of goods which are not declared to customs procedure of duty-free trade is not allowed;

- the video surveillance availability at the check points through Frontier of the Kyrgyz Republic located on customs border functioning in the round-the-clock mode, allowing to perform viewing of video information about last events during the last five calendar days in premises of duty-free shop;

- availability of the video surveillance functioning in the round-the-clock mode, allowing to perform viewing of video information about last events during the last thirty calendar days for the duty-free shops realizing goods for diplomatic corps;

- availability of the information systems of accounting and goods control which are under customs control, technically customs authorities, compatible to information systems.

§ 2. Procedure for goods placement under customs procedure of duty-free trade and completion of action of customs procedure of duty-free trade

115. The duty-free shop can be implemented foreign and goods of the Union, except for:

- goods concerning which prohibitions and restrictions are not observed;

- the goods prohibited to turnover in the territory of the Kyrgyz Republic;

- the goods which are not subject to the room under customs procedure of duty-free trade.

116. Under customs procedure of duty-free trade the goods of the Union, foreign goods imported from the third countries, from the territories of free economic zones and also the foreign goods which are earlier placed under customs procedures which completion is possible by the room under customs procedure of duty-free trade can be located.

117. Commodity importation in duty-free shops from the third countries, from free economic zones, free warehouses or customs warehouses is made under customs control.

118. Movement of the foreign goods intended for placement in duty-free shops on customs area of the Union is made with the room under customs procedure of customs transit.

119. Goods of the Union delivered in duty-free shops for realization are located under customs procedure of duty-free trade based on documents on their origin.

§ 3. Procedure for sales of goods in duty-free shop

120. In duty-free shops goods are implemented at retail according to the legislation of the Kyrgyz Republic in national currency of the Kyrgyz Republic, in US dollars and/or in euro and other foreign currency and are exposed in a visible place.

121. The documents confirming the fact of sale of goods is the control cash register receipt (cash register receipt) sealed by cash register with fiscal memory and function of transfer of fiscal data online on paper tape, certifying registration of cash cash calculation and/or calculation with use of payment cards when making settlement transaction.

122. In the cash register receipt surname, the name, middle name (in case of presentation of the foreign passport the middle name is not specified), and also number of flight for persons crossing border air traffic are entered or for persons crossing border over-the-road transport the passport number of the buyer is specified. Person crossing border can submit other document certifying the right for entrance/departure from abroad.

123. The cash register receipt is handed to the buyer, and data on the buyer and the sold goods are introduced in realization register which shall be stored in duty-free shop.

124. The checks (cash register receipt) issued by duty-free shop at the check points through Frontier of the Kyrgyz Republic located on customs border except the data established by the legislation of the Kyrgyz Republic shall contain:

- name of the owner of duty-free shop, its legal address;

- number of the check (cash register receipt) - number issued in the increasing procedure since January 1 of each calendar year;

- information on the sold goods (the name, quantity, unit cost, total cost) and article number on the system of accounting applied in duty-free shop;

- name and surname of the buyer, document number when moving through customs border;

- number of flight (only for the duty-free shops located in the place of departure from customs area of the Union);

- sale date.

125. The checks (cash register receipt) issued by duty-free shop on servicing of diplomatic corps except the data established by the legislation of the Kyrgyz Republic shall contain:

- name of the owner of duty-free shop, its legal address;

- number of the check (cash register receipt) - number issued in the increasing procedure since January 1 of each calendar year;

- information on the sold goods (the name, quantity, unit cost, total cost) and article number on the system of accounting applied in duty-free shop;

- information on accreditation card of the employee or the member of his family issued by authorized state body in the field of foreign affairs;

- the name, surname, the signature of the buyer confirming purchase of goods;

- sale date.

On checks (cash register receipts) the text of the following content is printed: "Goods only for use by diplomatic representations and their personnel.".

126. The text is provided in one of the following languages (the Kyrgyz, Russian and/or English languages).

127. Sales of goods for diplomatic corps in duty-free shops is enabled only:

- to employees of diplomatic corps in case of presentation of the accreditation card issued by authorized state body in the field of foreign affairs according to Regulations on procedure for accreditation of staff of diplomatic representations, consular establishments of foreign states, and also representative offices of the international organizations and other representations equated to them performing activities in the territory of the Kyrgyz Republic, the approved  order of the Government of the Kyrgyz Republic of September 23, 2015 No. 659;

- to persons authorized by diplomatic corps (further - authorized persons).

128. The authorized state body in the field of foreign affairs represents to authorized state body in the field of customs affairs the list of samples of accreditation cards.

129. Diplomatic corps confirms with the official letter to authorized state body in the field of customs affairs that the authorized person has the right to conduct procurement in duty-free shop for needs of diplomatic corps.

130. Authorized persons can acquire goods in duty-free shops for servicing of diplomatic corps based on the order constituted in triplicate.

131. The order shall contain the following elements:

- name of diplomatic corps;

- name of the authorized person;

- number of the letter, stipulated in Item the 129th this Instruction (with application of a copy);

- the name, unit of measure and goods quantity, declared to purchase;

- date of creation of the order;

- signature of head of diplomatic corps.

132. After complete satisfaction of the order, copies of the order are distributed by the authorized person as follows:

- the first copy of the order is stored in duty-free shop;

- the second copy of the order is subject to transfer to the customs authority exercising goods control of duty-free shop together with the report on the form approved by the Government of the Kyrgyz Republic;

- the third copy of the order returns to diplomatic corps.

5. Approval procedure customs authorities on goods placement under customs procedure of destruction

133. Goods placement under customs procedure of destruction requires permission of customs authority.

134. For goods placement under customs procedure of destruction the customs applicant submits the written application to customs authority with indication of the names and commodity codes according to the Commodity Nomenclature of Foreign Economic Activity which are liable to destruction, their number, cost, the location, expected method, the place and date of destruction and also summary of the reasons.

135. The decision on goods placement under customs procedure of destruction is made by the chief of customs authority or person replacing it based on the conclusion of authorized state body in the field of environmental protection on possibility of destruction, method and the place of destruction of goods, except for case if goods are irretrievable lost owing to accident or force majeure.

136. The decision is drawn up by putting down on the statement of the customs applicant, the resolution of the chief of the customs authority or person replacing it: "I resolve destruction of goods" which is certified by the signature with putting down of date.

137. Submission of the declaration on goods for goods placement under customs procedure of destruction and the decision on its release is made after decision making by customs authority about possibility of goods placement under customs procedure of destruction, except for room case under customs procedure of destruction of the goods which are irretrievable lost owing to accident or force majeure.

138. The term of destruction is determined by customs authority in coordination with the customs applicant and with the state bodies, departments involved in destruction process.

139. Destruction of goods is performed according to the procedure, determined by the Government of the Kyrgyz Republic.

6. Procedure for application of customs procedure of refusal for benefit of the state and action of customs authority with the goods placed under customs procedure of refusal for benefit of the state

140. Goods placement under customs procedure of refusal for benefit of the state is made in customs authority in which region of activities actually there are goods.

141. Application of customs procedure of refusal for benefit of the state requires the conclusion of customs authority.

142. For receipt of the conclusion the customs applicant of goods, submits the written application to customs authority in which region of activities actually there are goods, constituted in any form in which are specified the name of goods, commodity code according to the Commodity Nomenclature of Foreign Economic Activity, their quantity, cost, the location, and also summary of the reasons by which the customs applicant refuses goods for benefit of the state.

143. The structural division of customs authority to which functional duties control of customs procedures belongs (further - structural division of customs authority) considers the application on goods placement under customs procedure of refusal for benefit of the state and the documents attached to it and takes out the conclusion about goods placement under customs procedure of refusal for benefit of the state, or about refusal in such room within 5 (five) working days from the date of adoption of the statement. The conclusion prepares in any form.

144. Before the expiration specified in Item 143 of this Instruction, the chief of customs authority or person replacing it makes the decision based on the conclusion of the relevant structural division of customs authority about goods placement under customs procedure of refusal for benefit of the state or on refusal indoors under customs procedure of refusal for benefit of the state.

145. The decision of customs authority on goods placement under customs procedure of refusal for benefit of the state is made by customs authority by putting down on the statement of the customs applicant of the resolution of the chief of the customs authority or person replacing it, "The refusal for benefit of the state is allowed".

146. The customs authority the cover letter sends the conclusion about goods placement under customs procedure of refusal for benefit of the state or about refusal in such room to the customs applicant applicant.

147. The room under the procedure of refusal for benefit of the state of goods is not allowed:

- prohibited to turnover according to the legislation of the Kyrgyz Republic;

- which deadline of consumption expires within three months after the room of such goods under customs procedure of refusal for benefit of the state;

- prohibited to import to customs area;

- which room under customs procedure of refusal for benefit of the state can entail any expenses for the state;

- which cost cannot cover the expenses of customs authority connected with their realization;

- which realization by customs authorities is impossible;

- radioactive waste;

- waste of explosives;

- industrial wastes;

- the cryptographic equipment;

- electric, thermal and other types of energy;

- the prohibitions and restrictions moved through customs border without observance, according to article 7 of the Code;

- the goods for internal consumption or reimport placed earlier under customs procedures of release.

148. Accomplishment of conditions of goods placement under customs procedure of refusal for benefit of the state proves to be true by submission of the following documents:

1) for residents of the Kyrgyz Republic representation:

a) certificates on state registration as the legal entity;

b) certificates on state registration as the individual entrepreneur;

c) identity document of physical person (passport);

d) agreements in foreign trade (contracts) or other documents testimonial of movement of goods of customs area within the corresponding external economic transaction;

2) for nonresidents of the Kyrgyz Republic representation:

a) permissions (accreditation) to opening of representation in the Kyrgyz Republic if the legislation of the Kyrgyz Republic provides such permission (accreditation);

b) identity document of physical person (passport);

c) agreements in foreign trade (contracts) or other documents testimonial of movement of goods of customs area within the corresponding external economic transaction;

3) the conclusions of customs authority on use of goods in customs procedure of refusal for benefit of the state issued by the official of structural division of customs authority in which region of activities actually there are goods;

4) the document (notification) confirming the fact of delivery of the imported goods and vehicles and placement them in warehouse of temporary storage under customs control;

5) the documents confirming observance of prohibitions and restrictions according to article 7 of the Code (in case of need);

6) other documents issued by authorized state bodies which availability is obligatory according to requirements of the international treaties and acts constituting the right of the Union and the legislation of the Kyrgyz Republic.

149. At customs examination (survey) of goods there shall be customs applicant or person having powers concerning goods or their representatives. By results of customs examination the statement of customs examination (survey) in which shall contain the complete and detailed list of goods, their assortment row, quantity, the description, expiration dates (consumption, realization), the available defects is drawn up.

150. From acceptance date customs authority of the decision on release of goods according to customs procedure of refusal for benefit of the state, goods are considered turned into property of the state.

151. The goods which are earlier issued according to customs procedure of release for internal consumption with provision of privileges on payment of customs duties and taxes are located under customs procedure of refusal for benefit of the state based on the decision of the Government of the Kyrgyz Republic.

152. If concerning the goods placed under customs procedure of refusal for benefit of the state, earlier, in case of release for internal consumption privileges on payment of customs duties and taxes were provided, from the date of their address to property of the state, obligation on payment of conditionally accrued amounts of customs duties and taxes concerning such goods stops.

153. The customs authority sends information on the goods placed under customs procedure of refusal for benefit of the state to authorized state body in the field of customs affairs.

154. The authorized state body in the field of customs affairs sends information to the relevant state body of the Kyrgyz Republic on property management, on the goods withdrawn, arrested or turned into the income of the state.

155. The state body of the Kyrgyz Republic on property management accepts at customs authority the goods placed under customs procedure of refusal for benefit of the state, according to the procedure, established by the legislation of the Kyrgyz Republic, for accounting, assessment.

156. The decision of the Government of the Kyrgyz Republic determines further target use of the goods turned into property of the state (transfer to ownership or use), and the name of the body authorized by the Government of the Kyrgyz Republic to which these goods are transferred.

Appendix 1

to the Instruction for application of separate customs procedures

Permission to conversion of goods on customs area

_____________________________________________________________

(name of customs authority)

Permission to conversion of goods on customs area No. ______________

1. It is issued: _______________________________________________________________

________________________________________________________________________

________________________________________________________________________

(full name of the applicant, INN, RCBO, location and post

address, bank name, settlement and currency accounts, IFI, phone number, mobile phone, fax)

2. Goods for conversion:

Description of goods (ов)

Code according to the Commodity Nomenclature of Foreign Economic Activity

Quantity in measurement unit according to the Commodity Nomenclature of Foreign Economic Activity

Cost ᮬ./US dollar

Customs authority

1

2

3

4

5

 

 

 

 

 

3. Exit regulations in relative (as a percentage) or in absolute value:

________________________________________________________________________

________________________________________________________________________

4. Conversion products:

Description of goods (ов)

Code according to the Commodity Nomenclature of Foreign Economic Activity

Quantity in measurement unit according to the Commodity Nomenclature of Foreign Economic Activity

Cost ᮬ./US dollar

Customs authority

1

2

3

4

5

 

 

 

 

 

5. Conversion waste:

Description of goods (ов)

Code according to the Commodity Nomenclature of Foreign Economic Activity

Quantity in measurement unit according to the Commodity Nomenclature of Foreign Economic Activity

Cost ᮬ./US dollar

Customs authority

1

2

3

4

5

 

 

 

 

 

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