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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of September 4, 2014 No. 524

About approval of the Instruction for customs control of goods in free economic zones of the Kyrgyz Republic

(as amended on 16-08-2016)

For the purpose of determination of procedure for customs control of goods in free economic zones, according to the customs legislation of the Eurasian Economic Union, the Law of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" and the Law of the Kyrgyz Republic "About free economic zones of the Kyrgyz Republic", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Instruction for customs control of goods in free economic zones of the Kyrgyz Republic.

2. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

J. Otorbayev

Approved by the Order of the Government of the Kyrgyz Republic of September 4, 2014 No. 524

The instruction for customs control of goods in free economic zones of the Kyrgyz Republic

1. General provisions

1. This Instruction for customs control of goods in free economic zones of the Kyrgyz Republic (further - the Instruction) determines procedure for application of customs procedure "Free customs zone", customs procedures in case of commodity exportation from the territory of free economic zones and feature of production of customs control and use of goods in the territory of free economic zones of the Kyrgyz Republic (further - SEZ).

Paragraph two of Item 1 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 16.08.2016 No. 446

2. Content of customs procedure "Free customs zone"

2. Customs procedure "Free customs zone" is applied when placing goods on the protected territory of the free economic zone or on the parts of its territory (the territory of location of the subject of SEZ) equipped for the purpose of ensuring customs control according to Regulations on requirements imposed to arrangement of the territories of free economic zones of the Kyrgyz Republic, the approved order of the Government of the Kyrgyz Republic of June 16, 2014 on No. 332.

In case of non-compliance with regulations of the Regulations on requirements imposed to arrangement of the territories of free economic zones of the Kyrgyz Republic in the territory of SEZ and in the territory of locations of subjects of SEZ customs procedure "The free customs zone" is not applied.

3. In case of customs procedure "Free customs zone" goods take place and used in the territory of SEZ without payment of customs duties, taxes, and also without application of measures of tariff and non-tariff regulation concerning foreign goods and prohibitions and restrictions on goods of the Customs union.

Features of payment of customs duties, taxes in case of completion of customs procedure "The free customs zone" is performed according to the Agreement on questions free (special, special) economic zones on customs area of the Customs union and customs procedure of free customs zone of June 18, 2010 (further - the Agreement) and this Instruction.

4. The territory of SEZ is part of customs area of the Eurasian Economic Union.

5. Action of customs procedure "Free customs zone" does not extend on:

1) the vehicles of international delivery moving goods from SEZ territory in connection with implementation of international delivery and also the vehicles intended for implementation of internal transportation of goods on customs area of the Eurasian Economic Union;

2) the goods of the Customs union imported on SEZ territory by the persons which are not subjects of SEZ and performing functions on safety of the territory and operation of infrastructure facilities;

3) the goods of the Customs union imported on SEZ territory by general directorate of SEZ, connected with ensuring functioning of SEZ;

4) the foreign goods which arrived to the address of the subject of SEZ and placed outside SEZ territory before their actual import to SEZ territory;

5) the goods prohibited to import to SEZ territory according to the list approved by the Government of the Kyrgyz Republic.

6. The territory of SEZ in which customs procedure "Free customs zone" is applied is the customs control zone.

7. Customs control in the territory of SEZ on which customs procedure "Free customs zone" is applied is performed by customs authorities of the Kyrgyz Republic according to the customs legislation of the Eurasian Economic Union and the legislation of the Kyrgyz Republic in the field of customs affairs of the Kyrgyz Republic.

8. The territory of SEZ in which customs procedure "Free customs zone" is applied shall be equipped for the purpose of carrying out customs control.

9. Movement of goods from the territory of SEZ is performed through the check-points (further - the check point) determined by customs authority of the Kyrgyz Republic in coordination with general directorate of SEZ. If the border of the territory of SEZ matches with frontier of the Kyrgyz Republic, that approval about determination of the check point is carried out also with authorized state body in the field of protection of frontier of the Kyrgyz Republic, in the part concerning it.

10. Providing the check mode in the territory of SEZ on which customs procedure "Free customs zone" is applied is performed by general directorate of SEZ.

11. The foreign goods placed under customs procedure "Free customs zone" keep the status of foreign goods, and goods of the Customs union placed under customs procedure "Free customs zone" keep the status of goods of the Customs union.

12. The goods made of the foreign goods placed under customs procedure "Free customs zone", and also the goods made of foreign goods with use of the goods of the Customs union placed under customs procedure "Free customs zone" (further - the goods made in the territory of SEZ), acquire the status of foreign goods if they do not answer criteria of sufficient processing / conversion according to the customs legislation of the Eurasian Economic Union and the legislation of the Kyrgyz Republic.

If such goods answer criteria of sufficient processing / conversion according to the customs legislation of the Eurasian Economic Union and the legislation of the Kyrgyz Republic, they acquire the status of goods of the Customs union.

13. The goods made with use of the goods of the Customs union placed under customs procedure "Free customs zone" and with use of the goods of the Customs union which are not placed under customs procedure "Free customs zone" acquire the status of goods of the Customs union.

14. Goods, pometenny on the territory of SE3, are under customs control from the moment of their room under customs procedure "Free customs zone" before the end of action of customs procedure "Free customs zone".

15. The goods of the Customs union placed under customs procedure "Free customs zone" are not under the influence of customs procedure "Free customs zone" if goods are destroyed or irretrievable lost owing to accident or force majeure. Customs procedure "Free customs zone" concerning these goods comes to the end with their room under customs procedure of destruction.

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