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THE ORDER OF THE STATE CUSTOMS SERVICE UNDER THE MINISTRY OF ECONOMICS AND FINANCE OF THE KYRGYZ REPUBLIC

of September 24, 2021 No. 35-07/261

About approval of the Instruction on the organization of risk management system in customs authorities of the Kyrgyz Republic

For the purpose of implementation of articles 185 and 186 of the Law of the Kyrgyz Republic "About customs regulation" and according to the subitem 9) Item 17 of the Regulations on the State Customs Service under the Ministry of Economics and finance of the Kyrgyz Republic (further - GTS) approved by the order of the Government of the Kyrgyz Republic of April 1, 2021 No. 128,

I ORDER:

1. Approve the enclosed Instruction on the organization of risk management system in customs authorities of the Kyrgyz Republic (further - the Instruction).

2. To chiefs of structural divisions of TsA GTS and customs authorities to take measures for ensuring execution of the provisions established by the Instruction.

3. Declare invalid the order GTS "About Approval of the Instruction on the Organization of Risk Management System in Customs Authorities of the Kyrgyz Republic" of April 15, 2016 No. 5-17/138.

4. To department of documentary providing GTS to bring this order to the attention of staff of GTS.

5. To impose control of execution of this order on the vice-chairman of GTS Mambetzhunusheva E. R.

The chairman of the State Customs Service under the Ministry of Economics and finance of the Kyrgyz Republic

S. Isabekov

Approved by the Order of the State Customs Service under the Ministry of Economics and finance of the Kyrgyz Republic of September 24, 2021 No. 35-07/261

The instruction on the organization of risk management system in customs authorities of the Kyrgyz Republic

I. General provisions

1. The instruction on the organization of risk management system in customs authorities of the Kyrgyz Republic (further - the Instruction) is developed according to the Customs code of the Eurasian Economic Union (further - the Code) and the Law of the Kyrgyz Republic "About customs regulation" (further - the Law), for the purpose of regulation of activities of officials of customs authorities of the Kyrgyz Republic for risk management in case of accomplishment of the following tasks:

1) data collection and processing;

2) analysis and risks assessment;

3) determination of measures for risk minimization;

4) development and approval of risk profiles, and also finishing them to data of customs authorities;

5) updating, cancellation of risk profiles;

6) choice of objects of customs control;

7) application of measures for risk minimization;

8) analysis of results of application of measures for risk minimization and their efficiency;

9) interaction of structural divisions within realization of risk management system.

2. In this Instruction the following concepts which mean the following are used:

1) "goods of risk" - the goods moved through customs border of the Eurasian Economic Union (further - EEU) and concerning which risks are revealed or exist potential risks;

2) "goods of cover" - goods which with sufficient degree of probability can be declared (to be declared) instead of goods of risk;

3) "updating of profile of risk" - changes of any data containing in risk profile;

5) "cancellation of action of profile of risk" - cancellation of action of profile of risk;

6) "the local profile of risk" is the tool used for the choice of object of customs control and purpose of measures for risk minimization by subordinated customs authorities.

The concepts of area of customs regulation which are not determined by this Instruction are used in this Instruction in the values determined by the customs legislation of EEU and international treaties constituting the contractual legal base of EEU.

II. Procedure for collection, information processing and carrying out risk analysis

3. Information collection, the analysis and identification of risks, within the competences and powers the officials of divisions of central office of authorized state body in the field of customs affairs and subordinated customs authorities performing will see off:

1) coordination of use of the RMS;

2) control of observance of prohibitions and the restrictions set according to the legislation and international treaties of the Kyrgyz Republic;

3) control of observance of the rights to intellectual property items;

4) control of observance by subjects of foreign trade activities of making of customs transactions and conditions of the chosen customs procedure;

5) forming of customs statistics of foreign trade of the Kyrgyz Republic;

6) control of correctness of classification of goods according to the single Commodity nomenclature of foreign economic activity of EEU (further - the CN FEA EEU);

7) control of correctness of determination of the country of goods' origin;

8) control of customs value;

9) control of charge of customs duties, taxes and other payments, application of ensuring payment of customs duties, taxes, and also provision of privileges on customs payment;

10) customs control after release of goods;

11) law-enforcement activities.

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