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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 17, 2021 No. 313

About approval of the Regulations on procedure for import licensing, export of arms and military equipment, and also other military products

For the purpose of acceptance of adequate measures on regulation and control of military turnover of goods, according to article 6 of the Law of the Kyrgyz Republic "About state regulation of foreign trade activity in the Kyrgyz Republic", article 15 of the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for import licensing, export of arms and military equipment, and also other military products according to appendix.

2. Recognize to invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products" of February 3, 2017 No. 67;

2) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products" of February 3, 2017 No. 67" of January 22, 2019 No. 14;

3) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products" of February 3, 2017 No. 67" of December 16, 2020 No. 613;

4) Item 2 of the order of the Government of the Kyrgyz Republic "About approval of the List of the organizations experts for issue of the expert opinion and authorized bodies on issue of the allowing documents for export and commodity import included in the Single inventory to which measures of non-tariff regulation in trade with the third countries, and modification of some decisions of the Government of the Kyrgyz Republic in the field of non-tariff regulation" of April 20, 2021 No. 156 are applied.

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

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 17, 2021 No. 313

Regulations on procedure for import licensing, export of arms and military equipment, and also other military products

1. This Regulations on procedure for import licensing, export of arms and military equipment, and also other military products (further - the Provision) establish procedure for issue of import licenses to the Kyrgyz Republic, including temporary import, export from the Kyrgyz Republic, including temporary export, arms and military equipment, and also other military products which are subject to control and are performed according to licenses.

2. In this Provision the following terms and concepts are used:

the applicant - the legal entity or the individual entrepreneur who addressed to the licensing body for receipt of the license;

the end-user certificate - the document issued by the authorized state body knowing questions of defense of the Kyrgyz Republic which confirms the obligation of the Kyrgyz importer that the imported military products will be used only in stated purposes and also without the permission of authorized body of the foreign export state will not be re-exported to the third countries;

the license - the official document which allowed during the term specified in it import, export of arms and military equipment, and also other military products.

3. Authorized state body of the Kyrgyz Republic on issue of import licenses, export of arms and military equipment, and also other military products is the Ministry of Economy and Trade of the Kyrgyz Republic.

4. The license is granted on one type of goods irrespective of the number of its names included in the agreement in foreign trade (the contract of purchase and sale).

5. The license is granted for the term of no more than one calendar year. Effective period of the one-time license is limited to effective period of the contract in foreign trade (agreement) or effective period of the document which is the basis for licensing.

6. The basis for licensing is the conclusion of the authorized state body knowing questions of defense about opportunity and feasibility of export or import of arms and military equipment, and also other military products, proceeding from economic interests, homeland security of the Kyrgyz Republic.

The authorized state body knowing questions of defense considers the application for opportunity and feasibility of export or import of arms and military equipment, and also other military products within five working days from the date of receipt of the statement.

7. Forms of licenses are made by typographical method, have degree of protection, accounting series and number. Forms of licenses are documents of strict accounting and are drawn up in form according to appendix 1 to this Provision.

8. For receipt of the import license and export of arms and military equipment, and also other military products the following documents shall be submitted:

1) the statement in form according to appendix 2 to this Provision;

2) the agreement in foreign trade, appendices and (or) amendments to it, and in case of lack of the agreement in foreign trade - other document confirming intentions of the parties;

3) the copy of the document on registration in tax authority;

4) the copy of the license for implementation of the licensed type of activity if such type of activity is connected with circulation of goods concerning which licensing in the territory of the Kyrgyz Republic is introduced;

5) the copy of the document confirming goods origin;

6) the end-user certificate (when exporting) - the document legalized in accordance with the established procedure containing obligations of authorized body of foreign state to use the military products exported from the Kyrgyz Republic only in stated purposes and not to allow its re-export or transfer to the third countries without the consent of the Kyrgyz Republic;

7) the document confirming introduction of the license fee for consideration of the application and licensing;

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