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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of November 11, 2020 No. 547

About approval of the Regulations on procedure for selection of the National operator of system of tracking of transportations of goods with use of navigation seals

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 Regulations on procedure for selection of the National operator of system of tracking of transportations of goods with use of navigation seals (further - the national operator) according to appendix 1.

2. Approve structure of the Interdepartmental commission on selection of the national operator (further - the interdepartmental commission) according to appendix 2.

3. Interdepartmental commission:

- make selection of the national operator according to the Provision specified in Item 1 of this resolution;

- following the results of selection within 3 (three) working days to send the decision on determination of the national operator to the Ministry of Economics of the Kyrgyz Republic.

4. To the Ministry of Economics of the Kyrgyz Republic within 3 (three) working days from the date of receipt of the decision on determination of the national operator to introduce to Government office of the Kyrgyz Republic the draft decision of the Government of the Kyrgyz Republic about determination of the national operator.

5. After determination to the national operator (under approval) to approve in accordance with the established procedure with the State agency of anti-monopoly regulation under the Government of the Kyrgyz Republic cost:

- navigation seals;

- leases of navigation seals;

- services in imposing/removal of navigation seal, including opening (activation)/closing (deactivation) of navigation seals;

- maintenance of navigation seals.

6. To impose control of execution of this resolution on the Secretariat of the special representative of the Government of the Kyrgyz Republic on cases in the Eurasian Economic Union and integration processes.

7. This resolution becomes effective from the date of official publication.

Prime Minister of the Kyrgyz Republic

S. Zhaparov

Appendix 1

to the Order of the Government of the Kyrgyz Republic of November 11, 2020 No. 547

Regulations on procedure for selection of the National operator of system of tracking of transportations of goods with use of navigation seals

Chapter 1. General provisions

1. This Provision determines procedure for selection of the National operator of system of tracking of transportations of goods in the Kyrgyz Republic with use of navigation seals (further - the National operator) for the purpose of implementation of the Actions plan ("road map") by development of single system of customs transit of goods in the Eurasian Economic Union (further - EEU) on the basis of system of the tracking of transit transportations of goods with use of navigation seals approved by the Order of Council of the Eurasian economic commission of February 21, 2020 No. 4.

2. This Provision establishes conditions of selection of the National operator.

3. Selection of the National operator is made by the interdepartmental commission formed by the Government of the Kyrgyz Republic.

4. The concepts used in this Provision:

a) navigation seal - the electronic means of the identification (seal) functioning on the basis of technologies of navigation satellite systems and providing information transfer, concerning transportation of goods;

b) tracking of transportation of goods - the process including activation of navigation seal, observation of transportation and deactivation of navigation seal;

c) transportation of goods in case of mutual trade between state members of EEU - transportation of goods of EEU from the territory of one state member of EEU on the territory of other state member of EEU in mutual trade.

Other concepts provided by this Provision are used in the values defined by the international treaties and acts constituting the right of EEU.

Chapter 2. Main conditions of selection of the National operator

5. The national operator determines the legal entity of the Kyrgyz Republic created according to the legislation of the Kyrgyz Republic in the field of registration of legal entities.

6. The main conditions of selection of the legal entity applying for implementation of activities as the National operator are:

a) availability of the information system allowing to perform in real time information exchange with information systems of the State Customs Service under the Government of the Kyrgyz Republic (GTS), State Tax Administration under the Government of the Kyrgyz Republic (GNS) and information systems of other state monitoring bodies of the Kyrgyz Republic, carrier, and also with information systems of national operators of systems of tracking of state members of EEU in the course of tracking of transportations of goods with use of the integrated information system of EEU;

b) availability of the appropriate technical means allowing to perform imposing/removal of navigation seal, the opening (activation)/closing (deactivation) of navigation seal, monitoring, control and response to events connected with transportation of goods with use of navigation seals;

c) software availability which functional properties conform to requirements to functional properties of the systems of data collection and processing including the means of identification (seal) functioning on the basis of technologies of navigation satellite systems;

d) safety and the information security and data received within implementation of activities for tracking of transportations of goods in case of its processing by technical means in information system of the National operator;

e) absence on the date of the address of not fulfilled duty on payment of customs and tax payments, and also debt on insurance assignments according to the legislation of the Kyrgyz Republic in the field of customs affairs, social insurance, and also the tax legislation of the Kyrgyz Republic;

e) ensuring realization of the technological and integration aspects of selection of the National operator determined by Items 7, 8 and 9 these Chapters.

g) participation in experiments on monitoring of transportations of goods with use of navigation seals according to Items 48 of this Chapter;

h) compliance to other requirements and observance of other conditions which are established by the international treaties and acts constituting the right of EEU.

7. The list of necessary technology solutions which shall be provided for start of work on monitoring of transportations of goods:

a) availability of the software allowing to realize process of obtaining, the analysis and tracking of these navigation seals and including the following modules:

- geoinformation subsystem;

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