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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 27, 2010 No. 257

About further measures for enhancement of national system of export control in the Kyrgyz Republic

(as amended on 20-04-2021)

According to the Law of the Kyrgyz Republic "About export control", for the purpose of reduction of regulatory legal acts in compliance with the international requirements and creations of more effective system of the export control Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure of export control of controlled products in the Kyrgyz Republic.

2. Bring in the order of the Government of the Kyrgyz Republic "About measures for implementation in the Kyrgyz Republic of national system of export control" of May 4, 2004 No. 330 the following changes and amendments:

- third Item 1 to declare the paragraph invalid;

- according to the procedure of issue of permission to transit of products which are subject to export control, through the territory of the Kyrgyz Republic, approved by the above-named resolution:

- add Item 1.3 with the paragraph the second the following content:

"transit - customs regime in case of which foreign goods move on customs area of the Kyrgyz Republic under customs control, between the place of their arrival to customs area of the Kyrgyz Republic and the place of their departure from this territory, without payment of customs duties, taxes, and also without application to them non-tariff measures of regulation according to the legislation of the Kyrgyz Republic on state regulation of foreign trade activity;";

- state Item 1.4 in the following edition:

"1.4. The right of issue of permission to transit of controlled products is assigned to the Ministry of economic regulation of the Kyrgyz Republic.

Examination of controlled products, in case of its overload on other vehicle when moving on the territory of the Kyrgyz Republic, is made according to the legislation of the Kyrgyz Republic and, if necessary, with participation of competent state bodies and representatives of departments experts. Based on examination the joint statement of overload of controlled products is drawn up.

Issue of permission to transit of specific type of products is performed after preliminary approval of question of transit of the Ministry of Transport and Communications of the Kyrgyz Republic and, if necessary, with other interested public authorities depending on type of controlled products.";

- Item 1.8 after words "information on nature of goods," to add with words "to safe engineering when transporting,";

- add the Section I with Items 1.10 and 1.11 of the following content:

"1.10. In case of unauthorized transit of controlled products participants of foreign economic activity bear responsibility according to the legislation of the Kyrgyz Republic.

1.11. Participants of foreign economic activity, after receipt of permission to transit of controlled products and the dangerous goods referred by the legislation of the Kyrgyz Republic to category, perform movement of these controlled products strictly according to the established requirements of the Kyrgyz Republic in the field of safety of transportation of dangerous goods;";

- in Item 2.2:

in paragraphs four and pole of figure "1.9" and "1.8" to replace respectively with figures "1.8" and "1.7";

the eleventh to state the paragraph in the following edition:

"-if necessary the documents confirming approval of terms and traffic routes through check points of customs border of the Kyrgyz Republic, mode of transport with the Ministry of Internal Affairs of the Kyrgyz Republic, Public service of homeland security of the Kyrgyz Republic and the Ministry of emergency situations of the Kyrgyz Republic when implementing of the declared transit transportation.";

add with the paragraph of the following content:

"After issue of permission, approval of terms and routes of transit the Ministry of economic regulation of the Kyrgyz Republic notifies immediately all interested ministries and departments of the Kyrgyz Republic, including Public service of homeland security of the Kyrgyz Republic.";

- in the paragraph the second Item 2.3 of the word in "subitems "an" and "b" shall be replaced with words "in paragraphs second and third".

3. To impose control of execution of this resolution on the Ministry of Economics of the Kyrgyz Republic.

4. This resolution becomes effective after 30 days from the date of its official publication.

President of the Kyrgyz Republic

R. Otunbayeva

Approved by the Order of the Government of the Kyrgyz Republic of October 27, 2010 No. 257

Regulations on procedure of export control of controlled products in the Kyrgyz Republic

1. General provisions

1.1. This Provision is developed according to the laws of the Kyrgyz Republic "About export control" and "About licensed authorization system in the Kyrgyz Republic" and determines general procedure of control, uniform conditions and requirements in case of registration and issue of export licenses, import and re-export, and also permissions to transit, transfer within the country to the controlled products included in the National control list of the Kyrgyz Republic of controlled products (further - controlled products).

1.2. Requirements of this provision are obligatory for execution by all participants of foreign economic activity (further - foreign trade activities), including the broker activities and activities connected with transportation of controlled products, and also the public authorities concerning controlled products, except as specified, stipulated by the legislation and international treaties of the Kyrgyz Republic.

1.3. Export and import of the controlled products containing the data which are the state secret is performed according to the legislation of the Kyrgyz Republic on the state secrets and this Provision.

1.4. Provision of information to the third parties who are not stipulated in this Provision about the made or made procedures of export control is regulated by the current legislation of the Kyrgyz Republic in the field of the state secrets and trade secret.

1.5. Controlled products when moving on the territory and through Frontier of the Kyrgyz Republic are subject to the state control according to the procedure established by the legislation of the Kyrgyz Republic on export control.

1.6. The coordinating body of the Kyrgyz Republic in the field of export control is the Commission on military technically cooperation and export control (further - the Commission on VTS and EK).

1.7. In this Provision the following concepts are used:

import - import of controlled goods, works, services, results of intellectual activities, including exclusive rights to them, to the territory of the Kyrgyz Republic from abroad without obligation about the return export;

export - export of controlled goods, works, services, results of intellectual activities, including exclusive rights on them, from the territory of the Kyrgyz Republic abroad, without obligation about the return import. The fact of export is fixed at the time of crossing by goods of Frontier of the Kyrgyz Republic, provision of the rights to results of intellectual activities. Separate commercial transactions without export from the territory of the Kyrgyz Republic abroad are equated to commodity export, in particular when purchasing by the foreign person of goods at the citizen of the Kyrgyz Republic and transfer to his other citizen of the Kyrgyz Republic for conversion and the subsequent export of the processed goods abroad. Transfer out of limits of the Kyrgyz Republic of technologies by means of technical means with use of information and communication technologies is also equated to export;

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