RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of September 13, 2023 No. 469

About system of the independent identification of goods and technologies which is carried out for the purpose of export control

For the purpose of enhancement of the mechanism of control of foreign economic activity concerning types of raw materials and materials, the equipment and technologies, scientific and technical information, works and services, products of dual purpose and results of intellectual activities included in the National control list of the Kyrgyz Republic of controlled products according to Articles 6, 8 Laws of the Kyrgyz Republic "About export control", 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:

- Rules of receipt by the organizations of permission to the right of carrying out identification of controlled products according to appendix 1;

- Regulations on carrying out identification of controlled products for the purpose of export control according to appendix 2.

2. To the Ministry of Economy and Trade of the Kyrgyz Republic to perform:

- common methodical directorship and state control of observance of licensed requirements;

- maintaining the register of the organizations which got permission to the right of carrying out identification of controlled products.

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

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of September 13, 2023 No. 469

Rules of receipt by the organizations of permission to the right of carrying out identification of controlled products

Chapter 1. Basic provisions

1. These rules establish procedure for receipt of the Kyrgyz Republic by the organizations, irrespective of patterns of ownership, permission to the right of carrying out identification of the controlled products included in the National control list of the Kyrgyz Republic of controlled products (further - NKS) approved by the resolution of the Cabinet of Ministers of the Kyrgyz Republic of February 10, 2023 No. 63.

2. Authorized state body of the Kyrgyz Republic on issue of permission to the right of carrying out identification of controlled products is the Ministry of Economy and Trade of the Kyrgyz Republic.

3. In these rules the following concepts are used:

identification of controlled products is establishment of compliance of specific types of raw materials, materials, the equipment, technologies, information, the works and services included in the national control list of the Kyrgyz Republic of controlled products;

the organization - the legal entity who showed willingness to be engaged in activities for carrying out identification of controlled products;

authorized body - the state body authorized by the Cabinet of Ministers of the Kyrgyz Republic to perform licensing according to the legislation in the sphere of export control and licensing;

permission - the document issued by the state authorized body, confirming the right to implementation of identification of controlled products.

4. Legal entities, irrespective of legal forms and patterns of ownership, shown willingness to be engaged in carrying out identification of controlled products, shall get permission in the procedure established by these rules.

Chapter 2. Procedure for filing of application, decision making and documents necessary for receipt of permission

5. The citizen of the Kyrgyz Republic can be the member (founder) and the head of the organization applicant.

6. The organization wishing to get permission to the right of carrying out identification of controlled products submits the following documents to authorized body:

1) the statement for provision of permission to the right of carrying out identification of controlled products with indication of full name, legal address, identification taxpayer number, and also the product range concerning which it is planned to perform examination, with reference to the corresponding Items (Sections) of NKS in the established form (appendix 1);

2) the document confirming state registration in authorized body in the field of justice of the Kyrgyz Republic;

3) the obligation signed by the head of the organization to observe the procedures and conditions of conducting examination established by the legislation in the sphere of export control;

4) verified copies of the documents regulating carrying out identification of controlled products by the organization;

5) the reference containing data:

- about nature of research and production activities with indication of the specific fields of science and technology in which this organization specializes, and main types of products (works, services) which are turned out by it if it enters organization activity;

- about the qualification list of heads and specialists;

- about organizational and technical readiness for implementation of activities for carrying out identification of controlled products, including about the number and specialization of experts, their qualification level, including preparation concerning export control (including having qualification diplomas, certificates, the copy of the service record), about availability of laboratory testing facilities, and also possibility of transfer of reporting data on electronic communication channels.

If the organization will perform identification by all types of the goods included in NKS, it is necessary to provide the information on opportunity to cooperate with accredited laboratories, the scientific organizations, information centers, scientific and narrow-purpose specialists in different areas (for the purpose of conducting technical expertize of controlled products - oborudovaniye, devices, computer devices, programs, etc.).

7. Responsibility for completeness and reliability of the information provided by the organization are born by responsibles and heads of this organization.

8. Submission of the documents and information containing the data carried to the state secret is performed by the organizations according to the procedure, established by the legislation of the Kyrgyz Republic on the state secret.

9. If submitted by the organization information and documents contain contradictory or incomplete data, the authorized body requests the additional information and documents, except for information and documents which are at the disposal of state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations participating in provision of the state and municipal services.

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