Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since  April 24, 2019 according to article 16 of the Law of the Kyrgyz Republic of  March 29, 2019 No. 40 

LAW OF THE KYRGYZ REPUBLIC

of October 31, 1998 No. 141

About protective measures

(as amended on on February 15, 2010)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on October 7, 1998

This Law determines the basic concepts and the principles of the legislation on protective measures, procedure for trial on establishment of availability of serious harm, and also procedure for application of protective measures.

Chapter 1. General provisions

Article 1. Scope of this Law

This Law governs the relations arising:

in connection with deliveries to customs area of the Kyrgyz Republic for free circulation of any goods in such quantities and on such conditions under which causing serious harm or emergence of its threat to domestic manufacturers of the similar or directly competing goods, and also to interests of the Kyrgyz Republic is possible;

between foreign suppliers of goods and domestic manufacturers of the similar or directly competing goods, and also between authorized body and all concerned parties.

Article 2. Purposes and principles of operation of this Law

1. The purposes of this Law are protection of interests of domestic manufacturers and elimination of serious harm or threat of serious harm for the corresponding industry of economy of the Kyrgyz Republic.

2. Protective measures are applied by authorized body only on condition of causing serious harm or its threat to domestic manufacturers.

3. Protective measures can be applied when the procedure of trial was carried out in strict accordance with this Law.

4. Protective measures are applied to the delivered goods irrespective of source of its import.

5. As protective measures only those measures which are listed in this Law can be used. Cannot be used as protective measures: actions for any restriction of deliveries, agreements on regulation of the markets or other actions, for sale regulation, introduction of control of the prices and other similar measures.

Article 3. Legislation of the Kyrgyz Republic on protective measures

2. If the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic establishes other rules, than those which contain in this Law are applied provisions of the international treaty.

Article 4. Terms and determinations

In this Law the following concepts are used:

WTO - World Trade Organization.

Harm - essential deterioration in economic situation of industry or certain domestic manufacturers.

Temporary protective measures - set of the means of administrative and financial impact applied by customs authorities based on the orders of the Government of the Kyrgyz Republic in the form of establishment of special customs duties to the goods imported on customs area of the Kyrgyz Republic for free circulation in such quantities and/or on such conditions under which causing serious harm or emergence of its threat to domestic industries or domestic manufacturers of the similar or directly competing goods is possible.

Concerned parties - the exporter, the foreign producer, the importer of the goods which are trial subject, either sales or industrial association most of which of members are producers, exporters or importers of such goods, the government of the exporting country, the government of the Kyrgyz Republic, the producer of the similar or directly competing goods in the Kyrgyz Republic either sales or industrial association, association on consumer protection.

Protective measures - set of the means of administrative and financial impact applied by customs authorities based on the orders of the Government of the Kyrgyz Republic in the form of special customs duties or establishment of quotas for deliveries of the goods imported on customs area of the Kyrgyz Republic for free circulation in such quantities and/or on such conditions under which causing serious harm or emergence of its threat to domestic industries or domestic manufacturers of the similar or directly competing goods is possible.

Quota - quantitative restriction on deliveries of the goods determined by authorized body which is introduced by customs authorities based on the order of the Government of the Kyrgyz Republic.

Committee - Committee on protective measures of the WTO.

Domestic manufacturers are the producers of the Kyrgyz Republic of the similar or directly competing goods acting in the territory of the Kyrgyz Republic.

Similar goods - goods identical or homogeneous:

identical goods - the goods identical in every respect;

homogeneous goods - the goods which are not identical in every respect, but having similar characteristics and consisting of similar components.

The supplier - the producer, the exporter or the importer of goods.

Trial - the procedure of consideration of documents and other proofs concerning import to customs area of the Kyrgyz Republic of any goods for free circulation in such quantities and on such conditions which do or threaten to do serious harm to domestic manufacturers of the similar or directly competing goods.

The special duties - duties which are applied based on the order of the Government of the Kyrgyz Republic by customs authorities of the Kyrgyz Republic in case of deliveries to customs area of the Kyrgyz Republic of any goods for free circulation in such quantities and/or on such conditions under which causing serious harm or emergence of its threat to domestic industries or domestic manufacturers of the similar or directly competing goods is possible.

Harm threat - inevitable deterioration in economic situation either industry, or domestic manufacturers in the future.

Authorized body - state body of the Government of the Kyrgyz Republic, authorized to make trial on the statement of interested persons or on own initiative.

Chapter 2. State control

Article 5. State control bodies

1. The common directorship the state control of trade practice of suppliers is performed of the Government of the Kyrgyz Republic according to the legislation on protective measures.

2. Direct activities for control and conducting trial are performed by the authorized body determined by the Government or created by the President of the Kyrgyz Republic.

Article 6. Authorized body

1. The authorized body is effective within the powers conferred to it by this Law and based on the provision approved by the Government of the Kyrgyz Republic.

2. Ceased to be valid the Law KR of February 15, 2010 No. 28.

3. In need of introduction of the special duties or quotas the authorized body introduces drafts of resolutions to the Government of the Kyrgyz Republic.

4. When implementing the functions the authorized body cooperates with official organs of other countries and the international organizations.

Chapter 3. Beginning of trial

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.