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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of July 17, 2023 No. 364

About procedure for submission of the special declaration

(as amended on 23-08-2024)

According to part 10 of Article 4 and article 8 of the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons", 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 filling, assurance of the special declaration on assets and maintaining the register of special declarations on assets according to appendix 1;

2) form of the special declaration on assets according to appendix 2;

3) Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 05.12.2023 No. 655

4) form of the Register of special declarations on assets according to appendix 4.

2. To the Ministry of Finance of the Kyrgyz Republic to take measures for providing the accumulative account for transfer of declaration payment in the income of the republican budget.

3. To the Ministry of Justice of the Kyrgyz Republic to take measures for providing the authorized officers having the right to make notarial actions, certifying special declarations, form of the special declaration.

4. Declare invalid the order of the Government of the Kyrgyz Republic "About procedure for submission of the declaration on voluntary declaring of property and the income" of April 20, 2021 No. 158.

5. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

6. This resolution becomes effective from the date of official publication.

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 July 17, 2023 No. 364

Procedure for filling, assurance of the special declaration on assets and maintaining Register of special declarations on assets

Chapter 1. General provisions

1. This Procedure is developed according to the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons" and determines procedure for filling of the special declaration on assets, and also maintaining the register of special declarations on assets by authorized officers.

2. The concepts used in this Procedure are applied in that value in what are used in the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons":

1) assets - the property and property rights which are available as of January 1, 2023 (including personal and real estate, money on bank accounts, cash in the Kyrgyz Republic and/or outside the Kyrgyz Republic, securities, virtual assets, shares (shares) of participation in the authorized capital and property of the commercial organizations in the Kyrgyz Republic and/or the foreign organizations), the owner or the actual owner of which for date of submission of the special declaration is the customs applicant;

2) subjects to declaring - the assets belonging to the subject of declaring, being in the territory of the Kyrgyz Republic and/or beyond its limits, which are earlier not declared and/or are not drawn up on the customs applicant according to the procedure, determined by the legislation of the Kyrgyz Republic, and/or drawn up on other person, and also drawn up by the subject of declaring at the cost other than actually paid (real) acquisition value specified in the agreement on acquisition of rights this property;

3) subjects of declaring are the citizens of the Kyrgyz Republic including who are living outside the Kyrgyz Republic and having nationality of other state, but did not refuse nationality of the Kyrgyz Republic, persons having the residence permit in the Kyrgyz Republic, kayrylmana;

4) the customs applicant - the subject of declaring who addressed the authorized officer for assurance of the special declaration according to the procedure, determined by the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons";

5) the special declaration - the document of the strict reporting having individual sequence number and the confirmatory fact of declaring by the customs applicant of the assets belonging to it and legality of sources of origin of money;

6) declaring of assets - the actions of the customs applicant connected with voluntary declaring of assets by filling and assurance of the special declaration at the authorized officer;

7) authorized officers - the notaries public of judicial authorities of the Kyrgyz Republic and private notaries of the Kyrgyz Republic, officials of consular establishments of the Kyrgyz Republic and other public institutions having the right to make the notarial actions certifying the special declaration on assets of physical person according to the procedure, provided by the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons";

8) declaring term - the period of time provided by the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons" during which physical persons can address for declaring of the assets the authorized officer;

9) the Register of special declarations on assets - the register which is created and kept by the authorized officer and comprises the following data: individual sequence number of the declaration on the income and property, date of declaring, personal data of the customs applicant, and also information on spoil or loss of the declaration on the income and property;

10) declaration threshold - the cumulative amount of the income and property value exceeding 100000000 (hundred million) som;

11) declaration payment - 1000000 (one million) som which are one-timely paid by subjects of declaring according to the Law of the Kyrgyz Republic "About voluntary legalization and amnesty of assets of physical persons" irrespective of the amount which exceeded declaration threshold;

12) the nominal owner of assets - person performing the rights of the owner (owner) of assets in interests and/or at the request of the actual owner of assets;

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