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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 3, 2017 No. 67

About approval of Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products

(as amended on 20-04-2021)

For the purpose of acceptance of adequate measures on regulation and control of military turnover of goods, according to the laws of the Kyrgyz Republic "About state regulation of foreign trade activity in the Kyrgyz Republic", "About licensed authorization system in the Kyrgyz Republic", 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 Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products according to appendix.

2. This Resolution becomes effective after fifteen days from the date of official publication and is effective till December 31, 2021.

Prime Minister

S. Zheenbekov

Appendix

Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products

1. These Provisional regulations for procedure for import licensing, export of arms and military equipment, and also other military products (further - the Provision) establish procedure for issue of import licenses to the Kyrgyz Republic, including temporary import, export from the Kyrgyz Republic, including temporary export, arms and military equipment, and also other military products which are subject to control and are performed according to licenses.

2. In this Provision the following terms and concepts are used:

the applicant - the legal entity or the individual entrepreneur who addressed to the licensing body for receipt of the license;

the end-user certificate - the document issued by the authorized state body knowing questions of defense of the Kyrgyz Republic which confirms the obligation of the Kyrgyz importer that the imported military products will be used only in stated purposes and also without the permission of authorized body of the foreign export state will not be re-exported to the third countries;

the license - the official document by which are permitted in

current of the term specified in it import, export of arms and military equipment, and also other military products.

3. Authorized state body of the Kyrgyz Republic on issue of import licenses, export of arms and military equipment, and also other military products is the Ministry of Economics and the finansovkyrgyzsky Republic.

4. The license is granted on one type of goods irrespective of the number of their names included in the agreement in foreign trade (the contract of purchase and sale).

5. The basis for licensing is the conclusion of the authorized state body knowing questions of defense about opportunity and feasibility of export or import of arms and military equipment, and also other military products, proceeding from economic interests, homeland security of the Kyrgyz Republic.

The authorized state body knowing questions of defense considers the application for opportunity and feasibility of export or import of arms and military equipment, and also other military products, within five working days from the date of receipt of the statement.

6. Forms of licenses shall be made by typographical method, have degree of protection, accounting series and number. Forms of licenses are documents of strict accounting and are drawn up in form according to appendix 1 to this Provision.

7. For receipt of the import license and export of arms and military equipment, and also other military products the following documents shall be submitted:

1) the statement in the established form according to appendix 2 to this Provision;

2) the agreement in foreign trade, appendices and (or) amendments to it, and in case of lack of the agreement in foreign trade - other document confirming intentions of the parties;

3) the copy of the document on registration in tax authority;

4) the copy of the license for implementation of the licensed type of activity if such type of activity is connected with circulation of goods concerning which licensing in the territory of the Kyrgyz Republic is introduced;

5) the copy of the document confirming goods origin;

6) the end-user certificate (when exporting) - the document legalized in accordance with the established procedure containing obligations of authorized body of foreign state to use the military products exported from the Kyrgyz Republic only in stated purposes and not to allow its re-export or transfer to the third countries without the consent of the Kyrgyz Republic;

7) the document confirming introduction of the license fee for consideration of the application and licensing;

8) the copy of the certificate on state registration - for the legal entity and the individual entrepreneur.

Each leaf of the provided copies of documents shall be certified by the sign and seal of the applicant.

By provision of documents in foreign language, the text of the document shall be translated into the state or official language of the Kyrgyz Republic and is notarized.

7-1. For receipt of the end-user certificate the participant of foreign economic activity represents to the authorized state body knowing questions of defense of the Kyrgyz Republic, the following documents:

1) the statement on receipt of the end-user certificate;

2) the copy of the contract with the exporter and/or with the end user and the original for identification;

3) information containing data on technical characteristics of military products and the sphere of its application;

4) the warranty obligation of the importer (assurance of the end user about import of military products to the Kyrgyz Republic, about use of these products in stated purposes, about non-admission without the permission of the authorized state body knowing questions of defense of the Kyrgyz Republic, its transfer to other business entity in the territory of the Kyrgyz Republic and/or re-export to the third countries).

The end-user certificate is drawn up in form according to appendix 3 to this Provision.

8. The license is not required:

1) when exporting military products of the Kyrgyz production performed for its demonstration at the international exhibitions, displays (demonstration in operation), in the presence of the approved authorized state body knowing questions of defense, the nomenclature and quantity of exhibits (the military product samples shown on display);

2) when importing military products of foreign production performed for its demonstration at the international exhibitions, displays (demonstration in operation);

3) when exporting military products for carrying out testing, doctrines;

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