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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 5, 2002 No. 122

About approval of the Regulations on re-export of goods and approval procedure on re-export

(as amended of the Order of the Government KR of August 17, 2004 No. 622)

According to item 4 of the order of the Government of the Kyrgyz Republic of September 25, 2001 the Government of the Kyrgyz Republic decides N584 "About Approval of the Protocol on Customs Control over Re-export of the Goods Occurring from the Territory of the State Parties of the Agreement on the Customs Union and the Common Economic Space of February 26, 1999 and Which Are Taken Out to the Third Countries":

1. Approve the enclosed Regulations on re-export of goods and approval procedure on re-export.

2. Publish this resolution in mass media.

3. To impose control over the implementation of this resolution on department of finance of the Office of the Prime Minister of the Kyrgyz Republic.

 

Prime Minister K. Bakiyev

Approved by the order of the Government of the Kyrgyz Republic of March 5, 2002 No. 122

Regulations on re-export of goods and approval procedure on re-export

I. General provisions

1. This Provision is developed according to the Agreement on re-export of goods and approval procedure on re-export of April 15, 1994 and the minutes of Integration Committee of May 22, 2001 N24 about customs control over re-export of the goods occurring from the territory of the State Parties of the Agreement on the Customs union and the Common economic space of February 26, 1999 and which are taken out to the third countries.

2. This Provision determines rules and conditions of issue of permission to re-export of the goods occurring from customs area of the Kyrgyz Republic and included in lists of goods which re-export from customs area of the State Parties of the Agreement on the Customs Union to the third countries can be performed only in the presence of properly drawn up written permission of the Ministry of Economic Development, the industry and trade of the Kyrgyz Republic (the authorized re-export).

3. The inventory which re-export is performed on permissions affirms the order of the Government of the Kyrgyz Republic on representation of the Ministry of Economic Development, the industry and trade of the Kyrgyz Republic.

II. Conditions of receipt of permission to re-export of goods

4. Conditions of the reexport transaction shall correspond to the legislation of the Kyrgyz Republic, provisions of agreements on trade and economic cooperation and trade regime of the Kyrgyz Republic with the state reexporter, to rules of international law.

5. The reexporter gives the obligation about compensation of the export customs duty on the re-exported goods by it from customs area of the Kyrgyz Republic or accepts other conditions of re-export which are laid down by the country of goods' origin.

6. Accomplishment of obligations assumed by the reexporter is provided:

- provision of guarantees for the authorized bank or other credit institute which obtained the license of National Bank of the Kyrgyz Republic for carrying out foreign currency transactions;

- introduction on the deposit of authorized body of the receivable amounts;

- pledge of goods.

III. The documents submitted by the applicant for receipt of permission to re-export

7. For receipt of permission to re-export of goods legal entities (business entities) need to provide to the Ministry of Economic Development, the industries and trade of the Kyrgyz Republic the following documents:

- the reasoned statement on re-export of goods;

- the original of the contract for purchase of goods or its copy certified in accordance with the established procedure;

- contract of the reexport transaction, its copy and transfer;

- certificate of origin and its copy;

- copy of the certificate on state registration;

- the copy of the export customs declaration of the Kyrgyz Republic about completion of customs regime of export according to the specified cargo customs declaration.

8. The applicant bears complete responsibility for reliability of the submitted documents.

IV. Terms of consideration of the application and issue of permission to re-export of goods

9. The application is considered within ten days from the moment of receipt and document registration by the Ministry of Economic Development, the industry and trade of the Kyrgyz Republic. Are informed on the made decision the applicant and authorized body of the state reexporter, in case of the positive decision re-export conditions are reported.

10. In case of the consent of the applicant with re-export conditions in two weeks properly drawn up written permission for re-export of goods is issued.

V. Procedure for registration of permission to re-export

11. Permission is issued on one type of goods, irrespective of the number of their names included in the contract.

12. Permission to re-export of goods is drawn up in duplicate on the form of the established form (appendix). One copy is transferred to the applicant (reexporter) for customs clearance, and the second, with copies of the provided documents, - remains in the Ministry of Economic Development, the industry and trade of the Kyrgyz Republic.

The copy of copy of permission to re-export goes the Ministry of Economic Development, the industry and trade of the Kyrgyz Republic to Department of Customs Service of Committee on the income of the Kyrgyz Republic for control.

13. The issued permissions are not subject to transfer to other persons.

14. Issue of permission is performed on free basis.

VI. Refusal in issue of permission to re-export

15. In issue of permission to re-export it can be refused case:

- messages of obviously doubtful data on the transaction;

- non-presentations of any documents specified in Item III of this provision;

- use of the dumping prices or other elements of unfair trade practice causing damage to economic interests of the Kyrgyz Republic;

- availability of restrictions from the third countries of import to their customs area of the corresponding goods;

- if terms of the contract contradict foreign trade policy of the Kyrgyz Republic.

16. The decision on refusal in issue of permission shall be motivated and is told the applicant in writing within 10 days from the moment of receipt and document registration by the Ministry of Economic Development, the industry and trade of the Kyrgyz Republic.

17. If permission is not issued in time, specified in Item IV of this provision, or the refusal is represented to the applicant unreasonable, he has the right to appeal these actions judicially.

VII. Effective period of permission to re-export of goods

18. Permission to re-export is issued for the term necessary for implementation of one reexport transaction, but not exceeding one year from the date of receipt of permission.

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