ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 21, 2021 No. 159

About modification of the order of the Government of the Kyrgyz Republic "About procedure for marking of separate goods means of digital identification in the Kyrgyz Republic" of October 17, 2019 No. 554

For the purpose of implementation of requirements of the Agreement on marking of goods means of identification in the Eurasian Economic Union signed on February 2, 2018 in the city of Almaty according to 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. Bring in the order of the Government of the Kyrgyz Republic "About procedure for marking of separate goods means of digital identification in the Kyrgyz Republic" of October 17, 2019 No. 554 the following changes:

- add Item 1 with paragraphs the fourth and fifth the following content:

"-Methodical rules of marking of alcoholic products means of digital identification according to appendix 3;

- Methodical rules of marking of tobacco products means of digital identification according to appendix 4.";

- in Item 2 of the word "under the Government of the Kyrgyz Republic" shall be replaced with words "under the Ministry of Economics and finance of the Kyrgyz Republic";

- the paragraph one of Item 6 to state in the following edition:

"6. To the Ministry of Economics and finance of the Kyrgyz Republic together with Public service of digital development under the Government of the Kyrgyz Republic:";

- add with appendices 3 and 4 in edition according to appendix to this resolution.

2. Determine that till January 1, 2022:

1) conclusion from turnover of the marked goods is performed in the automated information system "Marking of Goods" by means of change of the status of marking code by the technical operator on "conditionally removed from turnover", after 1 year from the date of introduction into circulation of this code of marking;

2) in case of conclusion from turnover of the marked goods with the status "conditionally removed from turnover" by means of cash registers, the technical operator performs replacement of the status of code of marking on "removed from turnover";

3) input in turnover of the marked goods is performed by participants of turnover by means of the notice of the technical operator in the automated information system "Marking of Goods" about delivery/import of the marked goods to the territory of the Kyrgyz Republic.

3. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

"Appendix 3

Methodical rules of marking of alcoholic products means of digital identification

Chapter 1. General provisions

1. These Methodical rules are established:

1) requirements to participants of turnover;

2) characteristics of means of digital identification of alcoholic products;

3) functions of participants of turnover and procedure for their interaction;

4) order of registration of participants in the automated information system of marking of goods (further - AIS "Marking of Goods");

5) order of registration of the alcoholic products which are subject to marking by means of digital identification in AIS "Marking of Goods";

6) procedure for marking by means of digital identification of alcoholic products before input of the marked products in turnover in the territory of the Kyrgyz Republic.

2. In these Methodical rules of the concept "the automated information system of marking of goods", "marking code", "personal account of the taxpayer", "turnover of goods", "technical operator" are applied in the values determined by the tax legislation of the Kyrgyz Republic.

3. In these Methodical rules the following concepts and determinations are used:

1) input of alcoholic products in turnover: in case of production of alcoholic products:

- in the territory of the Kyrgyz Republic (including in case of contract manufacturing) - primary paid or voluntary conveyance of alcoholic products from the producer to the new owner or the other person for the purpose of their alienation to such person or for the subsequent realization which makes these products available for distribution and (or) use;

- out of the territory of the Kyrgyz Republic (except for the goods imported from state members of the Eurasian Economic Union) - release of the alcoholic products by customs authorities according to customs procedures of release for internal consumption or reimport imported into the Kyrgyz Republic;

- out of the territory of the Kyrgyz Republic concerning the alcoholic products imported from state members of the Eurasian Economic Union within cross-border trade on customs area of the Eurasian Economic Union - import by the legal entity or physical person registered as the individual entrepreneur, alcoholic products to the Kyrgyz Republic;

2) conclusion of alcoholic products from turnover - realization (sale) of the marked alcoholic products to the physical person for private consumption; transfer to the marked alcoholic products to physical persons for private consumption based on the agreements providing transition of the property right to alcoholic products, including voluntary conveyance, concession of the rights, compensation or innovation; sale of alcoholic products to legal entities and individual entrepreneurs for the purpose of use for own needs which are not connected with се the subsequent realization (sale); withdrawal (confiscation), utilization, destruction, irretrievable loss of alcoholic products, and also realization (sale) of the marked alcoholic products out of limits of the Kyrgyz Republic;

3) group packaging of alcoholic products (further - group packaging) - the packaging combining certain number of consumer packagings, group packaging can be also realized to the consumer;

4) the importer of alcoholic products (further - the importer) - the legal entity or physical person registered as the individual entrepreneur, who is the tax resident of the Kyrgyz Republic and the receiver of the goods placed under customs procedure of release for internal consumption or reimport or in case of cross-border movement from the territories of state members;

5) the manufacturer of alcoholic products - the physical person or legal entity performing final production of goods for its further realization to wholesale and retail buyers or the actual place of production of products where process of production of goods reached stage when the goods were completely made or subjected to sufficient processing / conversion;

6) individual serial number - the sequence of symbols, it is unique identifying unit of alcoholic products (consumer packaging of alcoholic products) based on commodity code;

7) the interface of electronic interaction - set of the means and rules providing interaction of software and hardware of participants of turnover and AIS "Marking of Goods" by means of system of interdepartmental electronic interaction Tunduk;

8) the catalog of the marked goods - the subsystem of AIS "Marking of Goods" used for cataloguing and storage of information on the marked goods;

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