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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of September 27, 2022 No. 522

About implementation of bank support of the contract in the sphere of public procurements

(as amended of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 04.08.2023 No. 381)

For the purpose of implementation of article 49 of the Law of the Kyrgyz Republic "About public procurements", according to 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:

1) the Procedure for ensuring bank support of the contract in the sphere of public procurements, according to appendix 1.

2) the List of banks, authorized to perform bank support of the contract, according to appendix 2.

2. To the buying organizations (the agent if the agent signs the contract for public procurement) to sign the agreement on bank support of the contract with each of authorized banks, to the conclusion of the first contract for public procurement, corresponding to the conditions determined in Item 3 of the Procedure for ensuring bank support of the contract in the sphere of public procurements.

3. To the Ministry of Finance of the Kyrgyz Republic till October 1, 2022 to bring the decisions into accord with this resolution.

4. This resolution becomes effective from the date of official publication, except for Item 1, which becomes effective since October 16, 2022.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of September 27, 2022 No. 522

Procedure for ensuring bank support of the contract in the sphere of public procurements

Chapter 1. General provisions

1. This Procedure establishes rules and conditions of application of bank support of the contract in the sphere of public procurements according to provisions of article 49 of the Law of the Kyrgyz Republic "About public procurements" (further - the Law), including including requirements to authorized banks.

2. The concepts used in this Procedure and reducings mean the following:

1) the agreement on bank maintenance - the agreement of rendering service of bank support of the contract signed between the buying organization and authorized bank;

2) the buying organization - the buying organization, the agent (if the agent signs the accompanied contract);

3) the accompanied contract - the contract in the sphere of public procurements (further - the contract) signed between the buying organization and the supplier following the results of the carried-out public procurement, containing condition about bank support of the contract and transferred based on the agreement on bank maintenance to authorized bank;

4) the separate account - the bank (special) account opened in authorized bank for the supplier, persons involved for execution of the accompanied contract (further - collaborators) who shall open the separate account for carrying out calculations within execution of the accompanied contract, agreements signed by the supplier with the collaborator or between collaborators necessary for the supplier for execution of the accompanied contract;

5) the "Interactive Reporting of Bank Support of the Contract" service - the digital service of bank support of the contract intended for display of statistics of bank support of the contract, and also report generation, access to which is provided by authorized bank.

Other concepts used in this Procedure are applied in the values determined by the Law.

Chapter 2. Conditions of application of bank support of the contract

3. Bank support of the contract is performed concerning the following contracts in the sphere of public procurements signed based on the conditions specified in documentation on purchase:

1) the contract signed for ensuring the state or municipal needs regardless of the contract value as which subject of purchase performance of works acts, connected with construction, reconstruction, capital repairs, demolition of the building, construction or object, including highways, road constructions, engineering systems, networks and communications, other objects of capital and civil engineering;

2) the contract signed for ensuring the state or municipal needs as which subject of purchase delivery of goods by suppliers of the Kyrgyz Republic and state members of the Eurasian Economic Union, rendering services acts the price (amount) of which it is equal or exceeds 5000000 (five million) som, except as specified, specified in item 4 of this Procedure.

4. Bank support of the contract is not applied to the contracts signed:

1) within purchases, stipulated in Item 3 parts of 1 Article 15, Items 3-14 of part 3 of article 17 of the Law;

2) by means of the electronic catalog;

3) with the state and municipal companies, and also joint-stock companies where 50 and more percent of share in the authorized capital belong to the state, including their affiliated economic societies acting on behalf of the supplier.

Bank support of the contract can not be applied according to the decision of the Cabinet of Ministers of the Kyrgyz Republic.

Chapter 3. Participants of bank support of the contract

5. Participants of bank support of the contract are:

1) authorized state body on public procurements;

2) authorized bank;

3) the buying organization;

4) supplier;

5) collaborators residents of the Kyrgyz Republic and EEU (except as specified, provided by the agreement on bank maintenance).

6. The authorized state body on public procurements enables development and the realization of state policy in the sphere of bank support of the contract, including, but without being limited, develops and approves the requirements of documentation on purchase providing bank support of the contract, standard forms of the accompanied contract, standard form of the agreement on bank support of the contract.

7. Bank support of the contract in the sphere of public procurements is performed by authorized bank which corresponds to the following criteria:

1) the bank having the license of National Bank of the Kyrgyz Republic and corresponding to the following conditions:

- the bank shall have considerable share of the state participation and/or share of public authorities of the Kyrgyz Republic with the special status;

- the bank shall have no restrictions in the list of the permitted banking activities in national and/or foreign currencies;

- the bank shall observe the economic standard rates and requirements established by the bank law;

- in bank the special modes are not entered;

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