ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 28, 2003 No. 36

About approval of the Regulations on procedure for import to the territory of the Kyrgyz Republic and export out of its limits of objects of cultural values

For the purpose of preserving cultural heritage of the Kyrgyz people, control of import to the territory of the Kyrgyz Republic and export out of its limits of objects of cultural values and according to article 37 of the Law of the Kyrgyz Republic "About protection and use of historical and cultural heritage", the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for import to the territory of the Kyrgyz Republic and export out of its limits of objects of cultural values.

2. Declare invalid the order of the Government of the Kyrgyz Republic of January 30, 2001 No. 27 "About Regulations on procedure for import to the territory of the Kyrgyz Republic and export out of its limits of objects of cultural values".

3. Publish this resolution in mass media.

4. To impose control over the implementation of this resolution on State commission under the Government of the Kyrgyz Republic on cultural development.

Approved by the Order of the Government of the Kyrgyz Republic of January 28, 2003 No. 36

Regulations on procedure for import to the territory of the Kyrgyz Republic and export out of its limits of objects of cultural values

This Provision is aimed at ensuring compliance with interests of the state when importing to the territory of the Kyrgyz Republic and export out of its limits of objects of cultural values by persons of law of property or the authorized representatives authorized by them legally.

I. General provisions

1. This Provision is developed according to the laws of the Kyrgyz Republic "About culture" and "About protection and use of historical and cultural heritage", other regulatory legal acts regulating protection of objects of cultural values and the international standards.

2. In this Provision the following concepts are used:

Cultural values - values of religious or secular nature which represent value for archeology, the prehistoric period, history, literature, art and science of the state.

Single, complex objects can be recognized as cultural values:

- single objects: archeological finds, antiquity objects, elements of immovable monuments which are exposed to partition, anthropological and ethnological materials, historical relics, works of art (painting, graphics, applied art, art of the film and photos), the documentary monuments which are part of National Archive Fund, hand-written, typewritten, graphical, film documentary photographs video and sound recordings and also rare printing editions;

- complex objects: historically developed complexes, funds and collections of the specified single objects taken as a unit and also the complexes, funds and collections of natural-science values having (as whole) the historical importance.

Collection of cultural values - set of the homogeneous or picked-up for certain sign diverse objects which, irrespective of cultural value of each of them, gathered, have historical, art scientific and other cultural value or value.

Temporary export of cultural values - movement by any persons in any purposes through customs border of the Kyrgyz Republic of the cultural values which are in the territory of the Kyrgyz Republic with the obligation of their return import in the stipulated time.

Temporary import of cultural values - movement by any persons in any purposes through customs border of the Kyrgyz Republic of the cultural values which are in the territory of foreign state with the obligation of the return export in the stipulated time.

Permission to the export right - the document of the established sample (appendix No. 3), the right to the export (transfer, temporary export) of cultural values issued by State commission under the Government of the Kyrgyz Republic on cultural development or person (art critic expert) authorized by the Ministry, giving to the owner or person authorized by it.

The art critic expert - person having the education in the field of art, cultures authorized by State commission under the Government of the Kyrgyz Republic on cultural development on conducting examination of cultural values and registration of permissions to their export.

The samples of seals (stamps) approved by State commission under the Government of the Kyrgyz Republic on cultural development, signatures of authorized art critics experts are reported to customs authorities of the Kyrgyz Republic.

3. Cultural values are divided into three categories:

- the cultural values which are not subject to export (transfer) from the Kyrgyz Republic (appendix No. 1);

- cultural values, export which (transfer) from the Kyrgyz Republic it is performed based on permission (appendix No. 2);

- cultural values, on export which (transfer) from the Kyrgyz Republic of permission it is not required.

4. The Kyrgyz Republic, public institutions, legal entities, citizens of the Kyrgyz Republic, and also legal entities and physical persons of foreign states can be persons of law of property on the cultural values which are in the territory of the Kyrgyz Republic.

5. The documents certifying the property right are certificates on the right to inheritance, donative, agreements (purchase and sale, etc.), the sales receipts, labels, private receipts of authors signed by the author's signature and also other documents provided by the current legislation of the Kyrgyz Republic. One of the bases of confirmation of copyright for the purposes of export and import of cultural values is the author's signature.

6. Export of cultural values can be performed only by their legal owner or person authorized on that by the owner in the procedure established by the legislation.

7. Import to the territory of the Kyrgyz Republic and export out of its limits of cultural values is not imposed taxes and taxes and made according to the procedure, established by this Provision, except for the objects which are not carried to commodity group 97 "Works of art, objects of collecting and antiques" the Commodity nomenclature of the Common customs tariff of the Eurasian Economic Union.

8. The procedure for import and export of cultural values established by this Provision is applied to all cultural values, irrespective of pattern of ownership and extends to all persons, except persons having diplomatic privileges and immunity.

The personal baggage of specified persons can be subjected to customs examination according to the customs legislation of the Kyrgyz Republic.

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