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LAW OF THE KYRGYZ REPUBLIC

of August 8, 2023 No. 169

About state regulation of foreign trade activity

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 22, 2023

Chapter 1. General provisions

Article 1. Subject of regulation and purpose of this Law

1. This Law determines the legal basis and establishes the principles and methods of state regulation of foreign trade activity.

2. The purposes of this Law are protection of economic sovereignty, ensuring economic safety, stimulation of development of foreign trade activity and providing conditions of effective integration of economy of the Kyrgyz Republic.

Article 2. The concepts used in this Law

In this Law the following basic concepts are used:

1) automatic licensing (observation) - the temporary measure established for the purpose of monitoring of dynamics of export and (or) import of separate types of goods;

2) foreign trade activity - activities for implementation of foreign trade in goods, services, information and intellectual property;

3) foreign trade in goods - import and (or) commodity export;

4) prohibition - the measure prohibiting import and (or) export of separate types of goods;

5) import - commodity importation to the Kyrgyz Republic without obligation about the return export;

6) exclusive right - the right to the implementation by participants of foreign trade activity of export and (or) import of separate types of goods provided on the basis of the exclusive license;

7) quantitative restrictions - measures for quantitative restriction of foreign trade in goods by establishment of quotas;

8) licensing - the complex of administrative measures establishing procedure for issue of licenses and (or) permissions;

9) non-tariff regulation - the method of state regulation of foreign trade in goods performed by introduction of quantitative restrictions and other prohibitions and restrictions of economic nature;

10) the allowing document - the document issued to the participant of foreign trade activity on the right of import and (or) commodity exportation on which the allowing procedure for import and (or) export is established;

11) customs and tariff regulation - the method of state regulation of foreign trade in goods performed by application of import and export customs duties;

12) the tariff quota - the measure of regulation of import to the Kyrgyz Republic or export from the Kyrgyz Republic of separate types of goods providing application during the certain period of lower rate of import or export customs duty when importing or exporting certain goods quantity (in natural or value term) in comparison with effective rate of import or export customs duty;

13) the tariff privileges - remission or decrease in import or export customs duty;

14) tariff preferences - exemption of import customs duties concerning goods from the countries which are forming the free trade area together with the Kyrgyz Republic or signed the agreements which are intended for creation of such zone, or decrease in rates of import customs duties concerning the goods coming from the countries users of single system of tariff preferences;

15) goods - the property realized or intended for realization if other is not established by the customs legislation;

16) authorized body - the state body of the executive authority performing policy of state regulation of foreign trade activity, including customs and tariff and non-tariff regulation;

17) participants of foreign trade activity - legal entities and physical persons (citizens) registered according to the legislation of the Kyrgyz Republic and also the foreign persons who are engaged in foreign trade activity;

18) export - commodity exportation from the Kyrgyz Republic without obligation about the return import.

Article 3. Legislation of the Kyrgyz Republic on foreign trade activity

State regulation of foreign trade activity is based on the Constitution of the Kyrgyz Republic, is performed according to this Law and other regulatory legal acts of the Kyrgyz Republic, and also the international treaties which became effective according to the legislation of the Kyrgyz Republic.

Article 4. Principles of state regulation of foreign trade activity

The basic principles of state regulation of foreign trade activity of the Kyrgyz Republic are:

1) unity of foreign trade policy as component of foreign policy of the Kyrgyz Republic;

2) unity of application of methods of state regulation of foreign trade activity in all territory of the Kyrgyz Republic and control of its implementation;

3) equality and nondiscrimination of participants of foreign trade activity;

4) protection by the state of the rights and legitimate interests of participants of foreign trade activity;

5) exception of unjustifiable interference of the state and its bodies in foreign trade activity, and also causing damage to her participants and economy of the Kyrgyz Republic in general;

6) publicity in development, acceptance and application of measures of state regulation of foreign trade activity;

7) justification, objectivity and transparency of application of measures of state regulation of foreign trade activity.

Article 5. Foreign trade policy of the Kyrgyz Republic

1. Foreign trade policy of the Kyrgyz Republic is performed for the purpose of creating favorable conditions for participants of foreign trade activity, producers and consumers of goods on the basis of observance of the obligations following from the international treaties which became effective according to the legislation of the Kyrgyz Republic.

2. The realization of trade policy of the Kyrgyz Republic is enabled with use of the methods of state regulation of foreign trade activity provided in article 6 of this Law on the basis of observance of the obligations following from the international treaties which became effective according to the legislation of the Kyrgyz Republic.

Chapter 2. Basic provisions about state regulation of foreign trade activity

Article 6. Methods of state regulation of foreign trade activity

State regulation of foreign trade activity is performed by means of:

1) customs and tariff regulation;

2) non-tariff regulation;

3) prohibitions and restrictions of foreign trade in goods;

4) the measures of economic and administrative nature promoting development of foreign trade activity and provided by this Law.

Article 7. The state bodies performing state regulation of foreign trade activity

State regulation of foreign trade activity is performed by the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers) and authorized state bodies of the Kyrgyz Republic according to this Law, regulatory legal acts of the Kyrgyz Republic in the field of foreign trade activity, and also the international treaties which became effective according to the legislation of the Kyrgyz Republic.

Article 8. Powers of the Cabinet of Ministers

Cabinet of Ministers:

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