ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 23, 2018 No. 396

About measures for ensuring accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic

For the purpose of creating favorable conditions for development of trade and economic relations, ensuring increase in the export potential, accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic, determinations of acceptance date to accounting, according to article 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:

- Procedure for ensuring accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic according to appendix 1;

- The inventory and recommended minimum regulations on commodity importation concerning which obligatory execution of the shipping documents (the international way bill - CMR or the accompanying waybill, the invoice) moved with physical persons through temporary/stationary Items of accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic for private use according to appendix 2 is not required.

2. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 01.04.2019 No. 150.

3. To the Ministry of Transport and Roads of the Kyrgyz Republic:

- together with the State Tax Administration under the Government of the Kyrgyz Republic, the Public registration service under the Government of the Kyrgyz Republic, local government bodies, for the purpose of ensuring accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic, near the check points on the Kyrgyz-Kazakhstan site of frontier located in Manassky district of the Talas region ("Road Chong Kapok"), Cara Buurinsk the district of the Talas region (the railway station - Maymak), Zhayylsky district of Chuy Region (the railway station - Kara-Balta), Alamudunsky district of Chuy Region (the railway station - Alamedin), Cara Suysk the district of the Osh region (the railway station - Cara-Suu), the city of Bishkek (the railway station - Bishkek-1), the international airport "Manas", the international airport "Osh", Panfilovsky district of Chuy Region ("road Chaldybar"), Ysyk-Atinsky district of Chuy Region ("Joint stock company-Tilek road"), Alamudunsky district of Chuy Region ("Ak Zhol road") the Chuya district of Chuy Region ("Road Tokmok"), Ysyk-Atinsky district of Chuy Region ("Road Ken-Bulun"), Tyupsky district of the Issyk kul region ("road Karkyra"), to hold necessary events for allocation of land under objects:

1) temporary Items of transport control and accounting of goods prior to work of stationary Items of transport control and accounting of goods;

2) constructions (transfer, reshaping) stationary Items of transport control and accounting of goods;

- together with the State Tax Administration under the Government of the Kyrgyz Republic to handle issues of regulations of the organization of work of Items of transport control and accounting of goods.

4. To the state agency of architecture, construction and housing and communal services under the Government of the Kyrgyz Republic:

- together with the Agency of road, water transport and weight and dimensional control under the Ministry of Transport and Roads of the Kyrgyz Republic, the State Tax Administration under the Government of the Kyrgyz Republic to develop the design estimates and to make financial and economic calculations of expenses for establishment of temporary/stationary Items of accounting of goods;

- act as the customer, provide construction (transfer, reshaping) of temporary/stationary Items of accounting of goods.

5. To the Ministry of Finance of the Kyrgyz Republic to increase revenues of the republican budget for the taxes administered by the State Tax Administration under the Government of the Kyrgyz Republic and to provide expense amounts proportional to additional incomes, following from this resolution, by preparation of the bill of introduction of amendments to the Law of the Kyrgyz Republic "About the republican budget for 2018 and the forecast for 2019-2020" for ensuring financing:

- The state agency of architecture, construction and housing and communal services under the Government of the Kyrgyz Republic for execution of item 4 of this resolution and realization of the Procedure for ensuring accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic;

- The State Tax Service under the Government of the Kyrgyz Republic for acquisition and installation of servers with possibility of information transfer in real time from temporary and stationary Items of accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic to authorized state bodies.

6. Ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 01.04.2019 No. 150.

7. Till January 1, 2019 to the Ministry of Transport and Roads of the Kyrgyz Republic together with the State Tax Administration under the Government of the Kyrgyz Republic, the Public registration service under the Government of the Kyrgyz Republic, local government bodies, for the purpose of ensuring transport control and accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic, near the check points on the Kyrgyz-Kazakhstan site of frontier located in Manassky district of the Talas region ("Kichi-Kapka road"), Zhayylsky district of Chuy Region ("road Zhayyl"), Sokuluksky district of Chuy Region ("road Kamyshanovka"), Ysyk-Atinsky district of Chuy Region ("Road Ken-Bulun"), the Chuya district of Chuy Region ("Road Tokmok"), Tyupsky district of the Issyk kul region ("road Karkyra"), hold as required events for allocation of land under objects of temporary or stationary Items of accounting of goods.

8. Since January 1, 2019 to declare invalid the Order of the Government of the Kyrgyz Republic "About measures for ensuring accounting of the goods moved through Frontier of the Kyrgyz Republic within trade with state members of the Eurasian Economic Union" of October 3, 2016 No. 524.

9. To the Ministry of Economics of the Kyrgyz Republic together with the State Tax Administration under the Government of the Kyrgyz Republic till October 1, 2018 to develop and submit for consideration of the Government of the Kyrgyz Republic the draft of the Order of the Government of the Kyrgyz Republic aimed at providing accounting of amounts of the moved goods (loads) with railway and air transport within trade with state members of the Eurasian Economic Union.

10. To the ministries and departments to bring the decisions into accord with provisions of this Resolution.

11. This Resolution becomes effective after fifteen days from the date of official publication, except for Item 1, which becomes effective from the date of the beginning of work of each of temporary and stationary Items of accounting of goods.

12. To impose control of execution of this Resolution on department of finance and credit policy, department of construction, transport and communications of Government office of the Kyrgyz Republic.

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of August 23, 2018, No. 396

Procedure for ensuring accounting of goods within trade with state members of the Eurasian Economic Union when importing (import) to the Kyrgyz Republic

1. General provisions

1. This Procedure is developed according to the Law of the Kyrgyz Republic "About ratification of the Protocol on some questions of import and the goods circulation on customs area of the Eurasian Economic Union signed on October 16, 2015 in the settlement of Burabay" of December 11, 2015 No. 226, the Decision of the Supreme Eurasian economic council "About some questions connected with accession of the Republic of Kazakhstan to the World Trade Organization" of October 16, 2015 No. 22, the subitem 3 of Item 20 of Appendix No. 18 to the Agreement on the Eurasian Economic Union, the tax legislation of the Kyrgyz Republic.

The procedure determines accounting procedure of movement of goods from the territory of one state member of the Eurasian Economic Union (further - EEU) on the territory of the Kyrgyz Republic for the purpose of administration of indirect taxes and does not provide prohibition (does not limit) on free movement of goods from the territory of one state member of EEU on the territory of the Kyrgyz Republic, in case of observance of requirements of the above-stated regulatory legal acts within trade with state members of EEU.

Action of this Procedure extends on:

1) the authorized organizations provided by paragraphs second and third the subitem 2 Items 3 presents of the Procedure and accounting procedure of goods and the amounts moved with authorized organizations, according to the procedure, the stipulated in Item 4 presents of the Procedure;

2) the Items of accounting of goods located near check points on the Kyrgyz-Kazakhstan site of frontier:

- in Manassky district of the Talas region ("Road Chong Kapok"), Panfilovsky district of Chuy Region ("road Chaldybar"), Ysyk-Atinsky district of Chuy Region ("Joint stock company-Tilek road"), Alamudunsky district of Chuy Region ("Ak Zhol road"), the Chuya district of Chuy Region ("Road Tokmok"), Ysyk-Atinsky district of Chuy Region ("Road Ken-Bulun"), Tyupsky district of the Issyk kul region ("road Karkyra"), Cara Buurinsk the district of the Talas region (the railway station - Maymak), Zhayylsky district of Chuy Region (the railway station - Kara-Balta), Alamudunsky district of Chuy Region (the railway station - Alamedin), Cara Suysk the district of the Osh region (the railway station - Cara-Suu), the city of Bishkek (the railway station - Bishkek-1), the international airport "Manas", the international airport "Osh", from the date of the beginning of work of each of temporary and stationary Items of transport control and accounting of goods;

- in Manassky district of the Talas region ("Kichi-Kapka road"), Zhayylsky district of Chuy Region ("road Zhayyl"), Sokuluksky district of Chuy Region ("road Kamyshanovka"), in process of decision making about establishment of each of temporary or stationary Items of transport control and accounting of goods.

2. In this Procedure the following terms and determinations are used:

1) commodity import - commodity importation on the territory of the Kyrgyz Republic from state members of EEU for use in economic targets;

2) the importer - legal entity or physical person, the individual entrepreneur, resident or the nonresident of the Kyrgyz Republic who is the buyer or the receiver of the imported goods. In case of absence of the buyer or the receiver of the goods specified in the international way bill (CMR) or the accompanying waybill, the importer the carrier of goods is recognized;

3) the consolidated load - the different batches belonging to different senders and/or intended to different receivers, moved with one carrier (except for railway) on one vehicle;

4) the international way bill (CMR) - the shipping document confirming the international motor transportation transportation of goods and data on the transported goods (load);

5) mobile group - the group as a part of the staff of authorized body on fight against economic crimes, body of Tax Service, law-enforcement body and body for veterinary and phytosanitary safety of the Kyrgyz Republic created for the purpose of implementation of control and operational and raid actions for identification and suppression of the facts of unaccounted commodity importation, violations of requirements of the legislation of the Kyrgyz Republic and the right of EEU;

6) carrier of goods - the person performing or being responsible for commodity importation on the territory of the Kyrgyz Republic;

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