ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of July 16, 2015 No. 504

About some questions in the field of customs regulation

For the purpose of implementation of the Actions plan ("Road map") on accession of the Kyrgyz Republic to the Customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation approved by the Decision of the Supreme Eurasian economic council of May 29, 2014 No. 74, according to Articles 63, 246 and 252 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Procedure for creation and designation of customs control zones according to appendix 1;

- Regulations on temporary storage of goods and vehicles under customs control according to appendix 2;

- Procedure for use of technical means of customs control according to appendix 3.

2. Bring in the order of the Government of the Kyrgyz Republic "About measures for streamlining of functioning of the check points through frontier of the Kyrgyz Republic intended for the international automobile, air and railway service, and internal stationary posts on highways of the Kyrgyz Republic" of November 19, 2007 to No. 556 the following changes:

- in word preamble "The customs code of the Kyrgyz Republic" shall be replaced with words "About customs regulation in the Kyrgyz Republic";

- in line item the Customs column of appendix No. 1 to the above-named resolution to exclude "Control types".

3. To the State Customs Service under the Government of the Kyrgyz Republic to bring the decisions into accord with this resolution.

4. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on temporary storage of goods and vehicles under customs control" of June 2, 2012 No. 378.

5. This resolution is subject to official publication and 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.

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of July 16, 2015, No. 504

Procedure for creation and designation of customs control zones

1. General provisions

1. This Procedure is developed according to article 246 of the Law of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" and determines procedure and conditions of creation and designation of customs control zones, and also legal regime of the customs control zone.

2. Customs control zones are subdivided on permanent and temporary.

3. Permanent customs control zones include:

- the territories within check points through customs border of the Eurasian Economic Union belonging to customs authorities and approved with authorized state body in the field of protection of frontier, or belonging to authorized state body in the field of protection of frontier, responsible for content of check points;

- the territories within places of making of the customs transactions connected with goods placement under customs procedures which belong to customs authorities, or the territories belonging to legal entities in whom the customs transactions connected with goods placement under customs procedures are made;

- the territories of warehouses of temporary storage, customs warehouses, free warehouses and duty-free shops belonging to legal entities who are included in the register on implementation of activities in the field of customs affairs as the warehouse keeper of temporary storage, customs warehouse, free warehouse, duty-free shop and in whom customs authorities perform the activities.

4. Temporary customs control zones are the places determined by customs authorities:

- for making by customs authorities of the customs transactions preceding submission of the customs declaration - for the period of their making if when making such transactions it is required to determine the customs control zone proceeding from need of ensuring free implementation by customs authorities of the functions;

- for carrying out customs examination or customs goods inspection;

- for the purposes of temporary storage of the goods which are under customs control, in other places, in the cases determined by the legislation of the Kyrgyz Republic regulating procedure and conditions of temporary storage of goods in warehouses of temporary storage.

2. Procedure for creation and designation of customs control zones

5. The authorized state body in the field of customs affairs, based on representation of customs authority which region of activities includes the respective site of the territory of the Kyrgyz Republic determines the sites of frontier of the Kyrgyz Republic matching with customs border of the Eurasian Economic Union (further - customs border of the Eurasian Economic Union) along which it is necessary to create permanent customs control zones, and makes the decision on creation of such zones.

Permanent customs control zones along customs border of the Eurasian Economic Union are created on the sites connected with movement of citizens, live animals and military equipment of the adjacent states which are not members of the Eurasian Economic Union according to international agreements of the Kyrgyz Republic.

The decision on creation of customs control zones along customs border of the Eurasian Economic Union is drawn up by the order of authorized state body in the field of customs affairs approved with authorized state body in the field of protection of frontier.

In the decision on creation of the customs control zone in the places specified in this Item shall be specified:

1) location of the customs control zone;

2) border of the customs control zone and place of its crossing by persons, goods and vehicles.

6. Customs control zones along customs border of the Eurasian Economic Union are designated on its limits in places of crossing with transport ways, in places of crossing of customs border of the Eurasian Economic Union by persons, goods and vehicles - the signs bearing text of white color "Customs control zone" on green background, made according to the specifications and standards determined for route information signs IN ACCORDANCE WITH GOST 10807-78.

7. The decision on creation of the permanent customs control zone at the check points through frontier of the Kyrgyz Republic established and opened according to the legislation of the Kyrgyz Republic is approved with authorized state body in the field of protection of frontier and is accepted in the form of the order of authorized state body in the field of customs affairs.

Graphical display of border and territory of the specified customs control zone in the form of plans or maps shall be given in appendix to the order on creation of the permanent customs control zone at the check point.

The customs control zone created at the check point through customs border of the Eurasian Economic Union joins sites of the territory, the building, construction, the platform within which customs transactions, storage, unloading and overload (transfer) of the goods which are under customs control, their customs examination and customs examination, places of parking of the vehicles transporting such goods are performed.

8. Borders of the permanent customs control zone are approved with administration of object of transport infrastructure within which the check point on air and railway tracks of the message is established.

9. In the order on creation of the permanent customs control zone at the check point shall be specified:

a) basis and purpose of creation;

b) location;

c) limits and places of their crossing by persons, goods and vehicles;

d) the means used for designation.

10. The decision on creation of permanent customs control zones in the places specified in paragraph three and the fourth Item 3 presents of the Procedure is accepted by the chief of customs authority in which region of activities places and the territories where such customs control zones are created are located.

11. The decision on creation of the customs control zone, the stipulated in Item 10 presents About, is drawn up by the order of customs authority in which shall be specified:

a) basis and purpose of creation;

b) location of the customs control zone;

c) border of the customs control zone and place of its crossing by persons, goods and vehicles;

d) the means used for designation.

Graphical display of border and territory of the specified customs control zone in the form of plans or maps shall be given in appendix to the order of customs authority on creation of the permanent customs control zone in the places determined by the paragraph the third and fourth Item 3 presents of the Procedure.

12. The decision on creation of temporary customs control zones in the places determined by item 4 of this Procedure is accepted by the chief of customs authority in which region of activities places and the territories where such customs control zones are created are located.

The specified decision is drawn up by the order of customs authority, with indication of the purpose of creation of the temporary customs control zone, the location of the temporary customs control zone, effective period, border and places of its crossing by persons, goods and vehicles, and also the applied means of designation.

13. The border of the customs control zone is designated by squared signs on which green background by white color the text in the state, official and foreign languages is executed: "Bazha козомолдоо aymaga", "Customs control zone", "Customs control zone" (in form according to appendix 1). The specified signs are fixed asset of designation of the customs control zone.

The customs control zone can be designated by drawing texts in the state, official and foreign languages: "Bazha козомолдоо aymaga", "Customs control zone", "Customs control zone" it is direct on protective constructions and walls of the rooms constituting its perimeter.

Replacement of text in foreign language by text in any other language, reasonable for use during creation of the specific customs control zone is allowed.

14. Designation of the customs control zone is made on its border in places of its crossing with transport ways, and also in places of crossing of border of the customs control zone by persons, goods and vehicles. In case of designation of the customs control zone boards with information on its border, on the established places of crossing of its border, on the list of persons having access to the customs control zone on means of its designation and on other circumstances connected with its functioning in addition can be applied.

15. The signs of designation of customs control zones established on highways are made in accordance with the established procedure.

16. The border of the temporary customs control zone can be designated by protective tape (in form according to appendix 2), and also temporarily established signs. At the same time application of available materials and means is allowed.

17. Designation of the temporary customs control zone is made after decision making about its creation.

18. The decision on creation of the permanent customs control zone is cancelled in cases of change of the location of customs authority, closing of the check point through customs border of the Eurasian Economic Union, change of the storage location of the goods which are under customs control, changes of the place where making of customs transactions, the terminations of the bases according to which allocation and designation of part of customs area of the Kyrgyz Republic is required is allowed.

19. The decision on creation of the temporary customs control zone is cancelled at the end of the actions which formed the basis for its creation or after the term of its action specified in the decision of customs authority on creation of the temporary customs control zone.

20. Cancellation of the decision on creation of the customs control zone attracts its liquidation.

21. The decision on liquidation of the customs control zone is made:

- in the cases specified in Items 5 and 7 of this Procedure - the order of authorized state body in the field of customs affairs;

- in the cases specified in Items 11 and 12 of this Procedure - the order of customs authority.

22. The customs authority after liquidation of the customs control zone which was in the region of its activities takes measures for money withdrawal of its designation and informing interested persons on its liquidation.

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