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The document ceased to be valid since  June 20, 2015 according to Item 1 of the Order of the Government of the Kyrgyz Republic of  May 27, 2015 No. 330

ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 5, 2004 No. 227

About approval of the Regulations on procedure for quoting of import to the Kyrgyz Republic of alcoholic products and determination of the import quota

(as amended on 06-08-2012)

For the purpose of strengthening of the state control in the field of turnover of alcoholic products and beer, according to article 10 of the Law of the Kyrgyz Republic "About state regulation of production and turnover of ethyl alcohol and alcoholic products" the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for quoting of import to the Kyrgyz Republic of alcoholic products and determination of the import quota.

2. The State Customs Service under the Government of the Kyrgyz Republic to represent to the State Tax Administration under the Government of the Kyrgyz Republic on its request the list of the participants of foreign trade activity importing for the accounting period on customs area of the Kyrgyz Republic in customs regime of release for free circulation alcoholic products with indication of the Commodity Nomenclature of Foreign Economic Activity code and amounts.

3. Publish this resolution in mass media.

4. To impose control over the implementation of this resolution on department of agro-industrial complex and environmental management of Government office of the Kyrgyz Republic.

 

Prime Minister

N. Tanayev

Approved by the Order of the Government of the Kyrgyz Republic of April 5, 2004 No. 227

Regulations on procedure for quoting of import to the Kyrgyz Republic of alcoholic products and determination of the import quota

I. General provisions

1.1. This Provision is developed according to articles 10 of the Law of the Kyrgyz Republic "About state regulation of production and turnover of ethyl alcohol and alcoholic products", the Law of the Kyrgyz Republic "About state regulation of foreign trade activity" for the purpose of protection of economic interests of alcoholic industry.

1.2. This Provision provides procedure for determination of import quotas on import of alcoholic products, and also condition and the organization of carrying out tender.

1.3. Action of this provision does not extend to the alcoholic products coming from WTO member countries, except for regulations on procedure for receipt of registration sheets.

II. Procedure for determination of import quotas on import of alcoholic products

2.1. The annual import volume of alcoholic products is determined on competitive basis as the average size of import for the last three years on the basis of official statistical data of the State Customs Service under the Government of the Kyrgyz Republic.

2.2. Limiting amounts of import quotas of alcoholic products are determined proceeding from requests of importers, the consumer demand in the domestic market of the republic on these products by its types and assortment, purchasing power of the population, and also production volumes of alcoholic products domestic producers, with breakdown on quarters of the planned year within annual amount of import quotas.

2.3. By consideration of requests for import quotas preference is given:

- to import of alcoholic products, exceeding similar products of domestic producers on quality of production, level of the price and registration, or production of which is not performed in the Kyrgyz Republic;

- to the importers having exclusive or direct agreements with producers of alcoholic products;

- to importers of products made from natural raw materials;

- to the applicants who are performing investments into economy or the social sphere of the Kyrgyz Republic and not having debt to the budget.

III. Organization and carrying out tender

3.1. Limiting determination of amounts of import quotas of alcoholic products, and also distribution of amounts of quotas for import of alcoholic products is performed by the tender committee (further - the commission) formed by the State Tax Administration under the Government of the Kyrgyz Republic.

3.2. The commission consists of the chairman and members of the commission. The structure of the commission is determined by the Regulations on tender committee (further - provision) approved by the Government of the Kyrgyz Republic.

3.3. The commission in the work is guided by the laws of the Kyrgyz Republic, presidential decrees of the Kyrgyz Republic, resolutions and orders of the Government of the Kyrgyz Republic, and also this Provision.

3.4. The commission when carrying out tenders on placement of import quotas on import of alcoholic products:

- according to provision will organize carrying out tender;

- determines the import volumes exposed on tender and determines the sizes of import quotas;

- declares winners of tender and selects them import quotas for import of alcoholic products.

3.5. The notice on carrying out tender is published in mass media at least in 15 days prior to carrying out tender. In the notice on carrying out tender it is specified:

- date and time of carrying out tender;

- place and terms of order taking;

- data on procedure for receipt of information on the main conditions and procedure for carrying out tender and on the sizes of import quotas on imported into the republic alcoholic products;

- main conditions and procedure for carrying out tender.

3.6. Persons interested to participate in tender shall submit the written application for packet of tender documents and during fixed term to study, fill, certify form of competitive offers and to provide it to the commission.

3.7. Competition is held on commission session and following the results the protocol is constituted. The minutes of the commission are signed by the commission chairman and all members of the commission who were present at meeting.

3.8. The commission has the right to make decisions if at meeting there are at least two thirds of her members.

3.9. Decisions of the Commission are made by a simple majority vote, in case of equality of votes, the commission chairman's voice is decisive.

3.10. Persons who won tender acquire the right to execution of the license according to the procedure, established by the legislation of the Kyrgyz Republic.

3.11. Competition on placement of amounts (quotas) of import of alcoholic products the next year is held till December 1 of the current year, and then at least, than once in quarter, in the presence of unallotted quotas.

3.12. Results of carrying out tender are published by the commission in mass media.

3.13. Results of tender, lists of importers and data on the granted licenses are led up to the State Customs Service under the Government of the Kyrgyz Republic.

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