ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 10, 2007 No. 459

About approval of the Regulations on procedure for acceptance and distribution of the humanitarian assistance in the Kyrgyz Republic

For the purpose of streamlining of the mechanism of acceptance and distribution of the humanitarian assistance arriving to the Kyrgyz Republic, the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for acceptance and distribution of the humanitarian assistance in the Kyrgyz Republic.

2. Declare invalid the order of the Government of the Kyrgyz Republic of May 4, 2001 No. 211 "About approval of the Regulations on procedure for acceptance and distribution of the humanitarian assistance in the Kyrgyz Republic".

Approved by the Order of the Government of the Kyrgyz Republic of October 10, 2007 No. 459

Regulations on procedure for acceptance and distribution of the humanitarian assistance in the Kyrgyz Republic

I. General provisions

1. This Provision determines legal and organizational basis of procedure for acceptance, accounting and distribution of the humanitarian assistance arriving to the Kyrgyz Republic. The legal entities and physical persons receiving the humanitarian assistance in the activities are guided by the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, acts of the President of the Kyrgyz Republic, decisions of the Government of the Kyrgyz Republic, international agreements about the humanitarian assistance and this Provision.

2. The international agreements about humanitarian activities signed on behalf of the Government of the Kyrgyz Republic are subject to strict execution by public organizations, legal entities and physical persons of the Kyrgyz Republic.

3. The Ministry of Labour and social development of the Kyrgyz Republic (further - the Ministry) performs coordination of procedure for acceptance, distribution and accounting of the humanitarian assistance.

4. In this Provision the following basic concepts are applied:

the humanitarian assistance - the food donated by legal entities and physical persons, consumer goods, the equipment, equipment, the equipment, medical means and medicines, other objects for improvement of living conditions and life of the population, and also for the prevention and mitigation of consequences of emergency situations of military, ecological and technogenic nature, on condition of further consumption and (or) non-paid distribution;

the donor - the sender of the humanitarian assistance - foreign states, their bodies, the foreign organizations and organizations, foreign citizens and the international organizations;

the receiver - legal entities and physical persons of the Kyrgyz Republic in whose address the humanitarian assistance arrives;

the consumer - legal entities and physical persons of the Kyrgyz Republic, being direct users of the humanitarian assistance.

5. The humanitarian assistance which arrived on the territory of the Kyrgyz Republic before transfer to her consumer is property of the donor.

6. The customs clearance of the humanitarian assistance is made according to the procedure, determined by the legislation of the Kyrgyz Republic.

7. The freights of humanitarian character imported on the territory of the Kyrgyz Republic, including rendering services and performance of works on a grant basis, and also the vehicles delivering humanitarian aid are exempted from collection of taxes, customs duties and charges.

The humanitarian assistance which arrived on the territory of the Kyrgyz Republic and used not for designated purpose or in case of its sale or transfer to other persons, is subject to the taxation according to the procedure, established by the legislation of the Kyrgyz Republic.

8. Humanitarian aid shall conform to standards of the Kyrgyz Republic. Humanitarian character of the freight arriving to the Kyrgyz Republic for the purpose of humanitarian assistance including in the form of rendering services and performance of works on a grant basis, determines the Ministry in the form of the conclusion (decision); the conclusion about nature of humanitarian aid is issued signed by the Minister of labor and social development of the Kyrgyz Republic.

9. Treat types of the humanitarian assistance:

- construction materials, the equipment and mechanisms for production of construction materials;

- equipment, machines, mechanisms for industrial production and mining industry;

- agricultural machinery, seeds, fertilizers, means of chemical protection of plants, vaccine, breeding cattle, medicines and equipment for veterinary service;

- roadway construction equipments and mechanisms;

- cars, spare parts to them;

- the planes, helicopters and spare parts to them intended for servicing of the population, the equipment for the airports, navigation service;

- the equipment, the equipment and mechanisms intended for mitigation of consequences of emergency situations;

- the special equipment and uniform, the equipment, specifics, arms, military and technical property, office equipment and belongings to it, the clothes intended for Armed Forces of the Kyrgyz Republic, law enforcement agencies, bodies of homeland security and other military forming of the republic;

- rendering services and performance of works on construction and repair of objects, constructions and the equipment;

- food products, except for alcoholic products and tobacco products;

- clothes, footwear, personal hygiene means and other consumer goods;

- medicines and products of medical appointment;

- computers and belongings to them;

- textbooks, education guidances, fiction (except for literatures of religious nature), equipment for training, laboratories, scientific devices;

- musical instruments, equipment for theatrical and concert rooms, detail;

- sports equipment and the equipment, the sportswear including intended for equipment of sports national teams of the country.

II. Procedure for acceptance of the humanitarian assistance

10. Humanitarian character of the freight imported on the territory of the Kyrgyz Republic is confirmed by the conclusion (decision) of the Ministry.

11. For establishment of humanitarian character of freight receivers of the humanitarian assistance irrespective of their departmental subordination and patterns of ownership shall provide to the Ministry:

a) the charter (provision) of the organization (for legal entities);

b) the certificate on state registration (for legal entities);

c) certificate of donation;

d) documents based on which receive the humanitarian assistance;

e) the letter guarantee of the receiver, confirming target use of humanitarian aid;

e) the program of use of the received humanitarian aid.

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