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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 27, 2015 No. 536

About some questions of activities of Authorized Economic Operators in the field of customs affairs

For the purpose of regulation of activities of Authorized Economic Operators in the field of customs affairs, according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Law of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Procedure for issue, suspension of action and withdrawal of the certificate on inclusion in the Register of Authorized Economic Operators, according to appendix 1;

- form of the reporting of Authorized Economic Operator under accounting of goods to which special simplifications, according to appendix 2 are applied;

- form of the reporting of Authorized Economic Operator of the goods placed on temporary storage according to appendix 3;

- Procedure for the prior notice of Authorized Economic Operator of conducting check of goods, according to appendix 4;

- Rules of use of indicators of risk concerning Authorized Economic Operators, according to appendix 5;

- Standard form of the Agreement signed between authorized state body in the field of customs affairs and Authorized Economic Operator according to appendix 6.

2. This resolution becomes effective from the date of entry into force of the Treaty of Accession of the Kyrgyz Republic to the Agreement on the Eurasian Economic Union of May 29, 2014.

Prime Minister

T. Sariyev

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of July 27, 2015, No. 536

Procedure for issue, suspension of action and withdrawal of the certificate on inclusion in the Register of Authorized Economic Operators

1. General provisions

1. This Procedure regulates actions in case of issue, suspension of action and response by authorized state body in the field of customs affairs of the certificate on inclusion in the Register of Authorized Economic Operators.

2. The certificate on inclusion in the Register of Authorized Economic Operators is granted to the legal entities registered according to the procedure, established by the legislation of the Kyrgyz Republic, and the authorized state body included in the Register of Authorized Economic Operators in the field of customs affairs.

3. Inclusion in the Register of Authorized Economic Operators is performed according to the Customs Code of the Customs Union, the Law of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" and Chapter 2 presents of the Procedure.

4. The public institution cannot be Authorized Economic Operator.

2. Procedure of inclusion in the register of Authorized Economic Operators

5. For inclusion in the Register of Authorized Economic Operators the legal entity represents to authorized state body in the field of customs affairs the statement in form according to appendix 1 to this Procedure, with appendix of the data and documents provided by articles 20 and 21 of the Law of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic".

6. The enclosed documents and data represented to authorized state body in the field of customs affairs shall conform to the following requirements:

- availability of information on the location of the rooms and (or) the open areas and other territories which are in ownership of the legal entity where will be performed temporary storage of goods of the applicant and (or) to be performed customs operations of goods, and also information on their compliance to subitems "a" - "" of Item 7, to Items 8-10, to subitems "a" - "", "е" Item 13 of Requirements to infrastructure, hardware and operating mode of warehouses of temporary storage and the customs warehouses approved by the order of the Government of the Kyrgyz Republic of March 25, 2010 No. 185;

- the commitment letter of bank guarantor before authorized state body in the field of customs affairs, confirmatory ensuring payment of customs duties, taxes in the form of the bank guarantee issued by the bank guarantor included in the Register of banks and other credit institutions which conducts authorized state body in the field of customs affairs, a minimum of the amount specified in subitem 1 of article 39 of the Customs Code of the Customs Union with indication of the term of provision of the bank guarantee.

In case of the expiration of the commitment letter of bank guarantor before authorized state body in the field of the customs affairs confirming ensuring payment of customs duties, taxes in the form of the bank guarantee, the legal entity shall provide within three working days to authorized state body in the field of customs affairs the new commitment letter of bank guarantor by the rules established by the paragraph third this Item;

- availability of information on completely created authorized capital of the legal entity in the amount of at least two hundred thousand settlement indicators confirmed with the independent audit report and (or) audit reports;

- availability of information on implementation of the foreign economic activity at least one year about day of the appeal to authorized state body confirmed with at least than ten declarations on goods for every year.

7. The authorized state body in the field of customs affairs during consideration of the application and the submitted documents and data has the right to make exit check according to provisions of the Customs Code of the Customs Union and legislation of the Kyrgyz Republic in the field of customs affairs.

8. The authorized state body in the field of customs affairs by results of consideration of the application and the data and documents attached to it makes the decision on inclusion in the Register of faces, Authorized Economic Operators, no later than fifteen days from the date of registration of all necessary documents, including terms of consideration of documents.

The authorized state body in the field of customs affairs shall notify the applicant on the made decision within three days from the date of decision making.

9. The decision on inclusion of person in the Register of Authorized Economic Operators made by authorized state body in the field of customs affairs is valid only concerning person who submitted the corresponding application and is termless.

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