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The document ceased to be valid since  August 12, 2015 according to article 303 of the Law of the Kyrgyz Republic of  December 31, 2014 No. 184

CUSTOMS CODE OF THE KYRGYZ REPUBLIC

of July 12, 2004 No. 87

(as amended on 30-12-2014)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 13, 2004

By meeting of national representatives of Jogorku Kenesh of the Kyrgyz Republic it is not considered

Approved according to item 4 of article 59 of the Constitution of the Kyrgyz Republic in edition of the laws of the Kyrgyz Republic "About modification and amendments in the Constitution of the Kyrgyz Republic" of February 16, 1996, No. 1, "About modification and amendments in the Constitution of the Kyrgyz Republic" of October 21, 1998 No. 134, "About introduction of amendments to article 5 of the Constitution of the Kyrgyz Republic" of December 24, 2001 No. 112

This Code determines legal, economic and organizational basis of customs affairs and is directed to protection of sovereignty and economic safety of the Kyrgyz Republic, activation of bonds of national economy with the world economy, providing the rights of persons and state bodies, and also observance of obligations by them in the field of customs affairs.

Section I. General provisions

Chapter 1. Customs affairs in the Kyrgyz Republic

Article 1. Customs affairs in the Kyrgyz Republic

1. The customs affairs represent set of means and methods of ensuring compliance with measures of customs and tariff and non-tariff regulation foreign trade and other types of foreign economic activity when moving goods and vehicles through check points on customs border of the Kyrgyz Republic (further - customs border).

2. Customs affairs in the Kyrgyz Republic constitute procedure for movement through customs border of goods and vehicles, collection of customs payments, customs regimes, customs clearance and customs control.

3. The Kyrgyz Republic aims at active participation in international cooperation in the field of customs affairs. The customs affairs in the Kyrgyz Republic develop in the direction of harmonization and unification with the commonly accepted international standards and practice.

Article 2. Customs area of the Kyrgyz Republic and customs border

1. The territory of the Kyrgyz Republic constitutes single customs area, including the overland territory and airspace over it within which the Kyrgyz Republic has the exclusive jurisdiction of rather customs affairs.

2. Limits of customs area of the Kyrgyz Republic are customs border of the Kyrgyz Republic.

3. In the territory of the Kyrgyz Republic there can be special economic zones created according to the legislation of the Kyrgyz Republic which are actually part of customs area of the Kyrgyz Republic on which special conditions of the taxation act. The goods placed in the territory of special economic zones are considered as being out of customs area of the Kyrgyz Republic for the purposes of application of customs duties, taxes and measures of non-tariff regulation according to the legislation of the Kyrgyz Republic on state regulation of foreign trade activity, except as specified, determined by this Code and other regulatory legal acts of the Kyrgyz Republic.

4. The customs border matches with Frontier of the Kyrgyz Republic.

Article 3. Customs legislation

2. The customs legislation is applied in the field of regulation of the relations arising from movement of goods and vehicles through customs border, establishments, introductions, collections of customs payments, and also the relations arising in the course of implementation of customs clearance and customs control, accountability for customs offenses and appeals of acts, actions (failure to act) of customs authorities and their officials.

3. In customs affairs the regulatory legal acts of the Kyrgyz Republic operating on the date of adoption of the customs declaration by customs authority, except as specified, provided by this Code and other regulatory legal acts of the Kyrgyz Republic are applied.

4. To the relations on establishment, introduction and collection of the customs payments which are taxes, the customs legislation is applied in the part which is not settled by the tax legislation of the Kyrgyz Republic.

Article 4. Action of the customs legislation in time

The regulatory legal acts relating to the customs legislation have no retroactive force and are applied to the relations which arose after their introduction, except as specified, provided by this Code and other regulatory legal acts of the Kyrgyz Republic.

The regulatory legal acts of the customs legislation establishing more preferential rules than those which are effective can have retroactive force if directly provide it.

Article 5. Action of international treaties in the field of customs affairs

Come in the procedure established by the law into force of provision of the interstate agreements and other acts ratified by Jogorku Kenesh of the Kyrgyz Republic or the President of the Kyrgyz Republic which participant is the Kyrgyz Republic and also the conventional principles and rules of international law are component of the legislation of the Kyrgyz Republic and have priority before provisions of this Code.

Article 6. Management of customs affairs

1. The common directorship of customs affairs is performed by the Government of the Kyrgyz Republic.

2. Direct management of customs affairs is performed by the authorized state body determined by the Government of the Kyrgyz Republic.

3. The authorized state body realizes the powers directly and through subordinate customs authorities.

4. The regulations on the organization-legal status of authorized state body affirm the Government of the Kyrgyz Republic.

Article 7. Instructions on customs affairs

1. The authorized state body determined by the Government of the Kyrgyz Republic shall develop and publish instructions for implementation of requirements of this Code and bring them to participants of foreign economic activity through mass media.

2. Instructions are valid only after approval of the Kyrgyz Republic by the Government and are effective before their cancellation.

Article 8. Obtaining and provision of information by customs authorities

1. Information provided to customs authorities by state bodies and persons according to this Code and other laws of the Kyrgyz Republic can be used only in the customs purposes.

2. Customs authorities and their officials have no right to disclose, trade on, or to transfer to the third parties, including state bodies, information which is the state secret, and also the commercial, bank, tax or protected by the law other secret and other confidential information, except as specified, of stipulated in Item 4 these Articles.

3. The customs authority and its officials bear responsibility according to the legislation of the Kyrgyz Republic for disclosure of the information which is trade secret or being confidential.

4. Customs authorities by official requests represent data to the following state bodies of the Kyrgyz Republic:

1) to law enforcement agencies - only on the brought criminal cases only concerning persons who made offenses in the field of customs affairs;

2) to courts during legal proceedings - on their reclamation;

3) to authorized state body on cases on bankruptcy, the administrator (the temporary administrator, the special administrator, the conservative, the external managing director) for the purpose of implementation of the powers provided by the law of the Kyrgyz Republic on bankruptcy by them - only on those subjects concerning which bankruptcy process is initiated;

4) to bodies of Tax Service - for the purpose of execution of the obligations provided by this Code and (or) the Tax code of the Kyrgyz Republic by them;

5) to Jogorku Kenesh, the Government, Audit Chamber and Service of financial investigation of the Kyrgyz Republic - in the cases established by the law of the Kyrgyz Republic regulating their activities;

6) to customs, tax or law enforcement agencies of other states - according to international treaties on mutual cooperation between customs, tax or law enforcement agencies which member is the Kyrgyz Republic.

Article 9. The basic concepts used in this Code

In this Code the basic concepts are used in the following values:

1) Customs control with use of methods of audit - the measures taken by customs authorities for check of reliability of the information provided by persons when moving goods through customs border with documents of financial accounting, the financial (accounting) reporting and other documents relating to economic (entrepreneurial) activity of the subject;

2) internal taxes - the value added tax and excises levied in case of turnover of goods in the territory of the Kyrgyz Republic;

3) temporary (conditional) assessment of goods - the customs value of goods accepted for calculation of the size of the deposit introduced by the customs applicant to customs authority as providing customs payment for refining of the customs value of goods declared by the customs applicant;

4) release - the action of customs authorities consisting in permission to interested persons to use and dispose of goods or vehicles in accordance with the terms of certain customs regime;

5) release for free circulation - release of goods in case of which the interested person can freely dispose of them without restrictions and conditions from customs authorities;

6) the customs applicant - any person declaring goods or on behalf of whom goods are declared;

7) interested persons are any persons whose interests are infringed by decisions, actions or failure to act of customs authorities concerning goods and (or) vehicles directly and individually if other does not follow from of this Code;

8) foreign persons are persons who are not specified in subitem 19 of this Article;

9) foreign goods - the goods which are not specified in subitem 18 of this Article;

10) business documents are the invoices, invoices, shipping and pack lists and other documents used according to international treaties of the Kyrgyz Republic, the legislation of the Kyrgyz Republic or business customs when implementing the foreign economic and other activity connected with movement of goods through customs border if other does not follow from of this Code;

11) counterfeit goods - the goods containing objects of copyright and the related rights, the rights to trademarks, service marks and names of places of goods origin if production of such goods, their movement through customs border or other actions with the goods which are under customs control involve violation of the rights of the owner protected according to the legislation of the Kyrgyz Republic;

12) persons - legal entities and physical persons, except as specified, when other follows from provisions of this Code;

13) person moving goods - person making the external economic transaction from own name or at the request of other person;

- person having right to use and ownerships in the territory of the Kyrgyz Republic of the goods which are under customs control (according to customs regimes customs warehouse, duty-free shop, conversion on customs area, conversion under customs control, temporary import), and also the goods moved in (from) free economic zones (free economic zones) of the Kyrgyz Republic) if movement of goods through customs border of the Kyrgyz Republic is performed without making of the external economic transaction by domestic person;

14) taxes - the value added tax and the excise tax levied by customs authorities in connection with movement of goods through customs border according to the Tax code of the Kyrgyz Republic and this Code;

15) illicit movement of goods and (or) vehicles through customs border - making of actions for import to customs area of the Kyrgyz Republic or to export from this territory of goods and (or) vehicles with violation of the procedure established by this Code;

16) non-tariff measures of regulation - prohibitions and import restrictions of goods on customs area of the Kyrgyz Republic, their export from this territory, including measures for protection of economic interests of the Kyrgyz Republic when implementing foreign trade in goods, licensing, quoting, system of measures of export control, confirmation of conformity to standards and requirements for safety of goods both other prohibitions and restrictions, control for which observance exercise customs authorities when moving goods through customs border;

17) special economic zones - the zones including free economic zones, free customs zones according to the legislation of the Kyrgyz Republic;

18) domestic goods - the goods having the status for the customs purposes being in free circulation on customs area of the Kyrgyz Republic, that is, the goods which are completely made in the Kyrgyz Republic, the goods issued for free circulation in the territory of the Kyrgyz Republic and also the goods made in the Kyrgyz Republic of the goods which are completely made and (or) issued for free circulation in its territory;

19) domestic persons - the companies, organizations, the organizations, both with formation of legal entity, and without that, with the location in the Kyrgyz Republic, created according to the legislation of the Kyrgyz Republic, and also the physical resident persons including registered in the territory of the Kyrgyz Republic as individual entrepreneurs;

20) risk assessment - systematic determination of probability of emergence of risk and effects of violation of the customs legislation in case of its origin;

21) carrier - person who is actually transporting goods, including through customs border, or being responsible for use of the vehicle;

22) movement through customs border of goods and (or) vehicles - making of actions for import to customs area of the Kyrgyz Republic or to export from this territory of goods and (or) vehicles in any manner, including transfer in the international mailings, use of pipeline transport and power lines. Treat the specified actions:

commodity importation and (or) vehicles on customs area of the Kyrgyz Republic - the actual crossing by goods and (or) vehicles of customs border and all subsequent, the actions provided by this Code with goods and (or) vehicles before their release by customs authorities;

commodity exportation and (or) vehicles from customs area of the Kyrgyz Republic - submission of the customs declaration or other action which is directly directed to implementation to export goods and (or) vehicles.

Treat the actions which are directly directed to commodity exportation and (or) vehicles from customs area of the Kyrgyz Republic: - entrance (entrance) of the physical person leaving from the Kyrgyz Republic to the customs control zone; entrance of the vehicle to the check point through Frontier of the Kyrgyz Republic for the purpose of its departure from customs area of the Kyrgyz Republic; delivery of goods to transport organizations, or organizations of mail service of the international mailings for sending out of limits of customs area of the Kyrgyz Republic;

23) post-customs control - the customs control based on risk management methods and audit;

24) the owner - person having rights to intellectual property item according to the legislation of the Kyrgyz Republic;

25) suspension of release of the goods containing intellectual property items - adjournment by customs authorities of the Kyrgyz Republic of release or conditional release of the goods containing intellectual property items;

26) risk - degree of probability of non-compliance with the customs legislation of the Kyrgyz Republic which can lead to economic losses for the state;

27) customs value - the cost of goods determined according to the legislation of the Kyrgyz Republic for calculation of customs duty, taxes and customs fees by ad valorem rates;

28) customs clearance - the procedure of registration of the actions made by customs authorities and persons in connection with movement of goods and vehicles through customs border;

29) preferences - benefits, preferences, privileges provided to the certain states, the companies, the organizations for support of certain types of activity; releases from payments are performed in the form of decrease in taxes, discounts from customs duties. In the relations between the states of preference are provided as on the basis of reciprocity, and unilaterally;

30) customs procedures - the separate actions made according to this Code, both customs authorities, and persons concerning the goods and vehicles which are under customs control and also on representation, acceptance and document creation, necessary for the customs purposes;

31) customs authorities - central office of authorized state body, customs and other divisions;

32) customs payments - the customs duty, taxes, customs duties levied in accordance with the established procedure by customs authorities according to the tax and customs legislation;

33) the customs purposes - ensuring compliance with the customs legislation according to this Code;

34) the customs broker - person included in the register of persons performing activities on rendering services or performance of works in the course of customs clearance of the goods which are under customs control according to this Code;

35) customs control - set of the measures performed by customs authorities for the purpose of ensuring compliance with the customs legislation;

36) ceased to be valid;

37) customs regime - set of the provisions which are determining the status of goods and (or) vehicles for the customs purposes and including procedure for application concerning goods and vehicles of customs duties, taxes, non-tariff measures of regulation, restriction for use and the order of goods and vehicles depending on the purposes of their movement through customs border and uses on customs area of the Kyrgyz Republic or beyond its limits;

38) goods - any personal estate, including currency, currency values, securities moved through customs border, electric, thermal, other types of energy, farm animals, and also vehicles, except for the vehicles specified in subitem 41 of this Article;

39) the goods which are under customs control - the foreign goods imported on customs area of the Kyrgyz Republic before their release for free circulation, the actual crossing of customs border when exporting or destructions, and also domestic goods in case of their export from customs area of the Kyrgyz Republic before the actual crossing of customs border;

40) transport documents - the carriage and other documents accompanying goods and vehicles in case of international carriages;

41) vehicles - any vehicles (including trail cars, semitrailer trucks and the combined vehicles) which are used in international carriages for paid transportation of persons, or for paid or free industrial or commercial transportation of goods, and also their regular spare parts, accessories and the equipment containing in their regular tanks fuels and lubricants and fuel in the established amounts if they are transported together with vehicles;

42) conditional release - remission of customs payments according to the tax legislation and this Code;

43) loss of goods - disposal of goods from actual possession of persons obliged to ensure according to this Code their safety when carrying out with them customs transactions including owing to theft or other wrongful acts of the third parties.

44) permission of customs authority - registration of actions of customs authorities which allows to make the certain transactions provided by this Code, way of putting down of personal number seals and stamps or pronouncement of certain decisions in writing;

45) the place of representation of goods and vehicles to customs authority - the territory (part of the territory), the opened or covered rooms determined by customs authority as production sites of the customs procedures provided by this Code;

46) the check point - the territory (part of the territory) within the place which is determined by the Government of the Kyrgyz Republic and international treaties which came in the procedure established by the law into force and which is equipped as appropriate for movement of persons, goods and vehicles through the state (customs) border of the Kyrgyz Republic;

47) cumulative customs payment - the amount equivalent to the amount of customs duties and taxes levied without division into sources which collection is assigned to customs authorities.

Article 10. Relations of customs authorities with participants of foreign economic activity and other organizations

Customs authorities maintain the official relations of advisory nature with participants of foreign economic activity, carriers and other organizations which activities are connected with implementation of foreign trade in goods and their professional associations (associations), for the purpose of cooperation and interaction on implementation of the most effective methods of implementation of customs clearance and customs control, and also the solution of other tasks directed to assistance to development of foreign trade.

Chapter 2. Regulation of activities in the field of okolotamozhenny services

Article 11. The activities performed in the field of okolotamozhenny services

1. Activities of domestic legal entities and individual entrepreneurs as owners of warehouses of temporary storage, owners of customs warehouses, owners of duty-free shops and customs brokers are allowed on condition of their inclusion in the register of owners of warehouses of temporary storage, the register of owners of customs warehouses, the register of owners of duty-free shops and the register of customs brokers.

2. Registers of persons performing activities in the field of okolotamozhenny services are kept by authorized state body according to the procedure, determined by this Code.

3. The authorized state body shall provide regular, at least once in three months, publication in the official publications of registers of persons performing activities in the field of okolotamozhenny services.

Article 12. Procedure for inclusion in the register and exceptions of the register of persons performing activities in the field of okolotamozhenny services

1. Inclusion in the register of persons performing activities in the field of okolotamozhenny services is performed by giving by person in authorized state body in writing of the statement containing data, stipulated in Article the 13th of this Code.

2. Documents, stipulated in Article the 14th of this Code which can be presented in the form of the originals or copies certified in accordance with the established procedure are enclosed to the application. Documents are submitted in the state or official language.

The authorized state body has the right to request from the third parties, and also state bodies have documents confirming the data specified by the applicant.

After consideration of the application, upon the demand of person, the authorized state body shall return to the applicant originals of the submitted documents.

3. Inclusion in the register of persons performing activities in the field of okolotamozhenny services is made based on the decision of authorized state body on free basis.

4. The decision on exception of the register of persons performing activities in the field of okolotamozhenny services is accepted based on the statement which arrived in authorized state body about withdrawal of the decision on inclusion in the register or on the bases provided by this Code.

Article 13. The data necessary for inclusion in the register of persons performing activities in the field of okolotamozhenny services

1. The statement for inclusion in the register of persons performing activities in the field of okolotamozhenny services shall contain:

1) for legal entities:

- data on the name, on form of business, on the location, and also on the size of completely created authorized capital of the applicant;

- data on intention to limit the region of the activities within the region of activities of one (several) customs authorities (customs authorities) or not to limit the region of the activities;

2) for individual entrepreneurs:

- data on the name, location;

- data on intention to limit the region of the activities within the region of activities of one (several) customs authorities (customs authorities) or not to limit the region of the activities.

2. Except the general information specified in Item 1 of this Article, the applicant represents the following additional data:

1) under organization of warehouse of temporary storage or customs warehouse:

- data on type of warehouse of temporary storage or customs warehouse, and also reasons in case of organization of closed type warehouse;

- data on rooms and (or) on the open areas which are in ownership of the applicant and held for use as warehouse of temporary storage or customs warehouse, their location, arrangement, the equipment and about material equipment;

2) under organization of duty-free shop:

- data on availability by the time of filing of application of the rooms suitable for use as duty-free shop;

3) when implementing activities as the customs broker:

- data on intention to limit the sphere of the activities to making of customs transactions concerning certain types of goods according to the Commodity nomenclature of foreign economic activity or concerning the goods moved through customs border with certain modes of transport, and also making of separate customs transactions within the region of activities of one (several) customs authorities (customs authorities) or without such restrictions.

3. On each territorially isolated room and (or) each territorially isolated open area which intend for use as warehouse of temporary storage, customs warehouse and duty-free shop the separate application for inclusion in the register of persons performing activities in the field of okolotamozhenny services is submitted.

Article 14. The list of the documents necessary for inclusion in the register of persons performing activities in the field of okolotamozhenny services

1. The following documents are attached to the statement for inclusion in the register of persons performing activities in the field of okolotamozhenny services:

1) for legal entities:

- copies of constituent documents;

- copy of the certificate on state registration of person;

- documents on the opened bank accounts;

the documents confirming payment of insurance payments according to article 15 of this Code;

2) for individual entrepreneurs:

- the copy of the registration certificate as the individual entrepreneur;

- passport copy;

the documents confirming payment of insurance payments according to article 15 of this Code;

3) under organization of warehouse of temporary storage or customs warehouse:

- plans and drawings of rooms and (or) open areas, held for use as warehouse of temporary storage or customs warehouse;

- the lease agreement of the territory (area) and rooms or other documents confirming right of possession with the territory (area) and rooms for organization of warehouse of temporary storage or customs warehouse;

- documents on state registration of the rights and encumbrances (restrictions) of the rights to real estate, according to the legislation;

- the document confirming providing customs payment according to Article 252 of this Code;

4) under organization of duty-free shop:

- the lease agreement of the territory (area) or other documents confirming right of possession with rooms for organization of duty-free shop;

- confirmation of authorized state body in the field of protection of frontier about possibility of opening of duty-free shop;

- plans and drawings of rooms, held for use as duty-free shop;

- documents on state registration of the rights and encumbrances (restrictions) of the rights to real estate, according to the legislation;

- the document confirming providing customs payment according to Article 252 of this Code;

5) when implementing activities as the customs broker:

- certificates of competency of the specialists in customs clearance who are the applicant's workers;

- the document regulating employment legal relationship about employment as the customs clearance specialist and (or) the document confirming powers of the person to act as the customs clearance specialist;

- documents on availability of specialists in customs clearance on each region in which the applicant assumes to conduct the activities. If person plans to perform activities without any limit for the region, in this case data on branches and their location through which the applicant plans to perform the activities as the customs broker on the date of filing of application, except for the individual entrepreneurs planning to perform the activities as the customs broker are represented;

- the document confirming providing customs payment according to Article 252 of this Code.

Article 15. Conditions of inclusion in the register of persons performing activities in the field of okolotamozhenny services

1. Conditions of inclusion in the register of persons performing activities in the field of okolotamozhenny services are:

1) under organization of warehouse of temporary storage or customs warehouse:

- availability of the rooms and (or) open areas suitable for use as warehouse of temporary storage or customs warehouse (Articles 70 and 101 of this Code);

- right to use, ownerships or orders of the territory (area) and rooms for organization of warehouse of temporary storage or customs warehouse shall be at least three years from the moment of filing of application;

- ensuring obligation fulfillment on customs payment;

- application technically customs authorities of the information systems of accounting and goods control, compatible to information systems, which are under customs control;

2) under organization of duty-free shop:

- availability of the rooms suitable for use as duty-free shop (article 109 of this Code);

- right to use, ownerships or orders by rooms for organization of duty-free shop shall be at least three years from the moment of filing of application;

- ensuring obligation fulfillment on customs payment;

- application of information systems of accounting and the goods control which are under customs control, technically customs authorities, compatible to information systems;

3) as the customs broker:

- availability in the state at least one customs clearance specialist who received the certificate of competency (Articles 307, the 308th of this Code);

- application of information systems, technically customs authorities, compatible to information systems;

- ensuring obligation fulfillment on customs payment.

2. The decision made by authorized state body on inclusion in the register of person performing activities in the okolotamozhenny sphere is valid only concerning person who submitted the corresponding application and is termless.

3. Activities as the warehouse keeper of temporary storage, the owner of customs warehouse, the owner of duty-free shop and the customs broker are subject to compulsory insurance according to the legislation of the Kyrgyz Republic.

Article 16. The decision on inclusion (about refusal in inclusion) in the register of persons performing activities in the field of okolotamozhenny services

1. The authorized state body makes the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services, no later than 15 days from the date of registration of all necessary documents for its acceptance including terms of consideration of documents. The decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services it can be refused:

1) if all documents and data required according to this Chapter are not submitted;

2) in case of non-compliance with conditions by the applicant, stipulated in Article the 15th of this Code.

In case of elimination by the applicant of the shortcomings which formed the basis for refusal according to subitems 1 and 2 of this Item, the application is considered in accordance with general practice.

2. The authorized state body shall notify the applicant within 3 days from the date of decision making on the made decision.

The notification on refusal in inclusion in the register of persons performing activities in the field of okolotamozhenny services goes (is handed) to the applicant or his representative in writing with indication of causes of failure.

3. The refusal of authorized state body in inclusion in the register of persons performing activities in the field of okolotamozhenny services can be appealed according to the procedure, established by the Section XIV of this Code.

Article 17. Suspension of effective period and withdrawal of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services

1. For the single violation which did not entail extensive damage, non-execution by person performing activities in the field of the okolotamozhenny services, requirements and conditions containing in this Chapter this person is subject to the written prevention.

2. In case of failure to carry out by person subjected to the written prevention according to Item 1 of this Article, requirements of this Code, authorized state body activities of persons performing activities in the field of okolotamozhenny services, for a period of up to 3 months stop.

Action of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services is resumed on condition of elimination of the reasons which formed the basis for suspension of its action.

During suspension of action of the decision:

- goods placement on warehouse of temporary storage, customs warehouse, in duty-free shop is not allowed;

- with the goods placed on warehouse of temporary storage, customs warehouse in duty-free shop to make any transactions it is not allowed, except for the transactions necessary for ensuring safety of goods which can be made with the permission of customs authority;

- sales of goods under customs locks and in duty-free shop is forbidden.

3. The decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services can be withdrawn by authorized state body in the following cases:

1) under organization of warehouse of temporary storage or customs warehouse:

- making by the warehouse keeper of two and more administrative offenses in the field of customs affairs;

- by a court decision;

- recognition of the warehouse keeper by insolvent (bankrupt) or the announcement it about the bankruptcy;

- by reorganization of person according to the procedure, established by the legislation of the Kyrgyz Republic;

- according to the statement of the warehouse keeper for withdrawal of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services;

2) when implementing activities as the customs broker:

- failure in duty of the customs broker if earlier measures according to Items 1 and 2 of this Article were applied to it;

- violation of accounting treatment for goods concerning which the customs broker makes customs procedures if earlier measures according to Items 1 and 2 of this Article were applied to it;

- making by the customs broker of two and more administrative offenses in the field of customs affairs;

- by a court decision;

- by reorganization of person according to the procedure, established by the legislation of the Kyrgyz Republic;

- according to the statement of the customs broker for withdrawal of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services;

- damnification to the represented persons, including in result of illegal use of the data which are trade secret or being confidential information which availability is proved in the procedure established by the law;

- recognition of the customs broker by insolvent (bankrupt) or the announcement it about the bankruptcy;

- use of services of the specialist who does not have the certificate of competency including if the certificate of competency is withdrawn or its action is suspended in connection with the expiration of its action, deprivation of the right to be engaged in these activities based on the act of court;

3) under organization of duty-free shop:

- making by the owner of duty-free shop of two and more administrative offenses in the field of customs affairs;

- by a court decision;

- recognition of the owner of duty-free shop by insolvent (bankrupt) or the announcement it about the bankruptcy;

- by reorganization of person according to the procedure, established by the legislation of the Kyrgyz Republic;

- the statement of the owner of duty-free shop for withdrawal of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services.

4. The response is effective from the date of adoption by authorized state body of the decision on response.

The decision on response is brought by authorized state body to the attention of face on which such decision is made, in writing, with motivated reasons for such decision no later than the day following behind day of its acceptance. The specified decision is handed to the head or other representative of person on receipt or otherwise, confirming the fact and the date of receipt of this decision. If specified persons evade from receipt of the specified decision, it goes by mail the registered mail. In the afternoon of the notification of person on the decision on response day of the notification postal service about delivery of the registered mail is considered.

5. The repeated statement for inclusion in the register of persons performing activities in the field of okolotamozhenny services can be considered after one year from the date of decision about response on condition of elimination of the reasons which formed the basis for its response.

Article 18. Renewal of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services

In case of change of the name of person which is not attracting change of form of business or the place of its stay, person performing activities in the field of okolotamozhenny services shall submit the application for review of the decision on inclusion in the register of persons performing activities in the field of okolotamozhenny services with appendix of the relevant documents confirming the specified data.

In case of renewal of the decision the authorized state body enters corresponding changes in the register of persons performing activities in the field of okolotamozhenny services. At the same time earlier issued decision is cancelled. New registration number of the register of decisions is assigned to again made decision and date of issue is specified.

Before receipt of the decision, during renewal, person performing activities in the field of okolotamozhenny services performs activities based on the copy of earlier made decision certified in accordance with the established procedure.

The application for renewal of the decision is submitted by the applicant within 5 days from the moment of approach of the circumstances which are the bases for renewal.

Renewal of the decision by authorized state body is performed within 5 days from the date of giving by person performing activities in the field of okolotamozhenny services, the corresponding statement and documents.

It is forbidden to require from the face, performing activities in the field of okolotamozhenny services, renewal of the decision on other bases which are not provided by this Article.

Article 19. The register of persons performing activities in the field of okolotamozhenny services

1. The authorized state body creates and keeps the register of persons performing activities in the field of okolotamozhenny services.

2. Information containing in the register of persons performing activities in the field of okolotamozhenny services is available to acquaintance and is placed on Internet resource of authorized state body. Periodic publication of information containing in the register of persons performing activities in the field of okolotamozhenny services in mass media is allowed.

3. The register of persons performing activities in the field of okolotamozhenny services contains the following data:

1) about the list and acceptance date of decisions on inclusion in the register of persons performing activities in the field of okolotamozhenny services;

2) about the cancelled decisions on inclusion in the register of persons performing activities in the field of okolotamozhenny services;

3) about suspension of action of earlier issued decisions on inclusion in the register of persons performing activities in the field of okolotamozhenny services;

4) about legal address of faces included in the register of persons performing activities in the field of okolotamozhenny services;

5) about the location of warehouses of temporary storage, customs warehouses and duty-free shops;

6) about the list and the location of the isolated structural divisions of the customs broker;

7) about the customs clearance specialists who are available in staff of the customs broker.

4. The procedure of entering into the register of changes shall not exceed 5 days from the date of adoption of the relevant decision by authorized state body.

Chapter 3. The basic principles of movement of goods and vehicles through customs border

Article 20. The right to import to the Kyrgyz Republic and export from the territory of the Kyrgyz Republic of goods and vehicles

All persons on an equal basis have the right to import to the Kyrgyz Republic and export from the territory of the Kyrgyz Republic of goods and vehicles, including when implementing foreign economic activity, except as specified, provided by this Code, other regulatory legal acts and international treaties of the Kyrgyz Republic.

Article 21. Procedure for movement of goods and vehicles through customs border

1. Goods and vehicles move through customs border according to the procedure, established by this Code.

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