ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 13, 2020 No. 79

About some questions in the field of customs affairs

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. Bring 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 the following changes:

1) paragraphs the ninth or eleventh, fourteenth Item 1 to recognize invalid;

Item 3 to declare 2) invalid;

To recognize 3) invalid approved by the above-named resolution:

- Procedure for expense recovery to the specialists of state bodies involved to rendering assistance in carrying out customs control;

- Procedure for withdrawal or replacement of the goods moved through customs border of the Kyrgyz Republic when implementing controlled delivery;

- Procedure for adoption of the oath by customs officers of the Kyrgyz Republic;

- The inventory, prohibited to the room under customs regime of customs warehouse.

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.

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.

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