LAW OF THE KYRGYZ REPUBLIC

of January 23, 2003 No. 30

About export control

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 27, 2002

This Law establishes the principles of implementation of state policy, the legal basis of activities of state bodies of the Kyrgyz Republic and participants of foreign economic activity in the field of export control of controlled products, and also determines their rights, obligations and responsibility in this area.

Chapter 1. General provisions

Article 1. Basic concepts

For the purposes of this Law the following basic concepts are used:

foreign economic activity - the foreign, investing, broker and other trade activity, including production cooperation, in the field of the international exchange of raw materials and materials, the equipment and technologies, scientific and technical information, works and services, results of intellectual activities, including exclusive rights on them (intellectual property);

controlled products - military products, products of dual purpose included in the National control list of the Kyrgyz Republic of controlled products, and also work and service concerning the specified products;

products of dual purpose - products or goods, including technologies and the software which have peaceful purpose, but can be used during creation of nuclear, chemical and bacteriological (biological) weapons of mass destruction, means of its delivery, other types of arms and military equipment;

export and import - export and import of controlled products from the territory and on the territory of the Kyrgyz Republic. Technology transfer by means of technical means with use of information and communication technologies from the territory and on the territory of the Kyrgyz Republic is also equated to export (import);

re-export - export of the controlled products made outside the country which is earlier imported on the territory of the Kyrgyz Republic and did not undergo to conversion;

transit - movement of controlled products through the territory of the Kyrgyz Republic, transportation (transportation) of which began and shall end outside the territory of the Kyrgyz Republic (except for the international transit flights of aircrafts without landing to the territories of the Kyrgyz Republic);

nuclear and special non-nuclear materials - the materials determined by those according to requirements of the international standards and rules about non-proliferation of nuclear weapon;

export control - package of measures, providing realization established by this Law and other regulatory legal acts of the Cabinet of Ministers of the Kyrgyz Republic of procedure of foreign economic activity concerning controlled products;

participants of foreign economic activity - the legal, physical persons of the Kyrgyz Republic registered in accordance with the established procedure, and also foreign legal, physical persons which civil legal capacity is determined by the right of foreign state and which perform foreign economic activity according to the legislation of the Kyrgyz Republic;

the intra-corporate program of export control - the actions of organizational, administrative, information and other nature performed by the companies and the organizations for the purpose of observance of rules of export control;

weapons of mass destruction - nuclear, chemical and bacteriological (biological) weapon;

delivery systems - the rockets piloted and unmanned aerial vehicles, surface-to-air missile systems and artillery systems capable to deliver weapons of mass destruction;

authorized body - the state body of the Kyrgyz Republic having appropriate authority in the field of export control;

state examination - package of measures for check, the analysis of the documents and information concerning the external economic transactions with controlled products for the purpose of determination of its compliance to the international obligations of the Kyrgyz Republic, to its state interests and requirements of ecological safety;

broker activities - rendering services in purchase and sale transactions, delivery of controlled products, and also on negotiating, preparation of contracts or the organization of transfer of controlled products, including financial and transport services;

services - the activities directed to requirements satisfaction of the third parties including broker activities, technical assistance and transportation of controlled products;

identification - establishment of accessory (compliance) of goods, information, works, services, results of intellectual activities to controlled products;

technical assistance - rendering the technical support connected with controlled products and technologies;

technology - scientific and technical information and other results of intellectual activities (the right to them) expressed in the form of models, prototypes, drawings, charts, projects, instructions, software products or in intangible form - the training, technical supply (servicing) necessary for development, production or use of goods;

the materials relating to nuclear, chemical and biological weapon and means of its delivery, - the materials, the equipment and technologies falling under action of the corresponding multi-lateral (international) agreements and arrangements (in the field of nonproliferation) or included in national control lists which can be used for designing, development, production or use of nuclear, chemical and biological weapon and means of its delivery;

The national control list of the Kyrgyz Republic of controlled products - the inventory, the works, services, technologies and software which are subject to control;

military products - arms and military equipment, and also goods, the software, intellectual property items and technologies which are specially developed, designed, configured, adapted or modified for military purpose;

the end-user certificate - the document issued by authorized body on export control of the importing country which confirms the obligation of the importer that the imported controlled products will be used only in stated purposes and also without the permission of authorized state body on export control of the exporting country will not be re-exported to the third countries.

Article 2. Scope of this Law

This Law governs the relations of state bodies of the Kyrgyz Republic and participants of foreign economic activity when implementing export control.

Operation of this Law extends to foreign economic activity concerning controlled products in all territory of the Kyrgyz Republic, including free economic zones.

The part three voided.

This Law is applied and when actions (agreement) made (concluded) by state bodies and the organizations, legal entities and physical persons outside the Kyrgyz Republic can promote distribution of weapons of mass destruction, means of its delivery, technologies, illicit trafficking in military products or can cause damage to homeland security of the Kyrgyz Republic.

Article 3. The legislation of the Kyrgyz Republic in the field of export control

Questions of ensuring export control are under exclusive authority of the Kyrgyz Republic.

Article 4. Purposes of export control

Main objectives of export control are:

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