45

Inclusion in the customs register of intellectual property items

MF

MF

For a fee

7. Passport of the state service

1

Name of service

Inclusion in the customs register of intellectual property items - Chapter 4, Item 45 of the Unified register (list) of the state services

2

Full name of state body (organization) providing service

The authorized state body of the executive authority performing management of customs affairs in the Kyrgyz Republic (further - authorized state body in the field of customs affairs)

3

Consumers of the state service

Legal entities and physical persons - participants of foreign economic activity

4

Legal basis of receipt of the state service

The law of the Kyrgyz Republic "About customs regulation";

Regulations on procedure for customs control concerning the goods containing intellectual property items, No. 694 approved by the order of the Government of the Kyrgyz Republic of November 27, 2000

5

Resulting effect of the provided state service

Inclusion in the customs register of intellectual property items

6

Conditions of provision of the state service

Access for all applicants to the building of authorized state body in the field of customs affairs is provided in the presence of identity documents.

Provision of service is performed:

- indoors, answering to the established sanitary standards;

- in the presence of easy access of citizens to the building and sanitary and hygienic rooms (toilets, washing rooms), including for persons with limited opportunities of health on sight and hearing, and faces with limited opportunities of health with violations of the musculoskeletal device (further - LOVZ), equipped (buildings, rooms) ramps, hand-rail;

- by the principle of queque.

Rooms have places for expectation, toilets (in regions, in case of impossibility of connection to the central plumbing and sanitary - outdoor), heating, water supply system, phone.

Preferential categories of citizens (participants and disabled people of the Great Patriotic War, home front workers and persons equated to them, LOVZ, expectant mothers) are serviced out of turn or if they cannot rise to the room, the employee goes down to them for reception of an application.

For convenience of visitors in the place of provision of service the list of the documents necessary for service acquisition, and application forms are placed

7

Term of provision of the state service

Limiting time for documents acceptance for receipt of the state service - up to 30 minutes.

The term of acceptance and consideration of the application - one month.

In case of the direction authorized state body in the field of customs affairs of request to the applicant the current of the specified monthly term stops before receipt of the answer. At the same time aggregate term of consideration of the application shall not exceed three months

Informing receivers of the state service

8

Informing on the state service provided to the consumer (the list of necessary information) and the state body responsible for standardization

Information on the state service can be obtained:

- in public reception of authorized state body in the field of customs affairs to the address: city of Bishkek, Ulitsa Baytik Baatyra, 4a;

- on the website of authorized state body in the field of customs affairs of www.customs.kg;

- through the official site of the State portal of the electronic services www.portal.tunduk.kg;

- in case of the personal appeal to authorized state body in the field of customs affairs;

- at information stands, from brochures, booklets in authorized state body in the field of customs affairs.

Reception of citizens in authorized state body in the field of customs affairs is made in day of their address.

Information is provided in the state and official languages

9

Methods of distribution of information on the state service

Distribution of information on the rendered service can be performed through:

- Media (newspapers, radio, television);

- the website of authorized state body in the field of customs affairs is www.customs.kg;

- through the official site of the State portal of the electronic services www.portaI.tunduk.kg;

- information stands, brochures, booklets;

- public reception of authorized state body in the field of customs affairs.

Addresses, phone numbers and operating mode together with the standard of the state service are placed at the stand, the website of authorized state body in the field of customs affairs

Servicing and rendering the state service

10

Communication with visitors

In authorized state body in the field of customs affairs information plates on doors of offices of the employees involved in rendering service are placed

All employees working with the population have the personified plates (badges) with indication of surname, name, middle name and position.

In case of communication with visitors employees observe the following basic principles of ethics: be polite, benevolent, correct, patient, basic, aim to understand deeply being of question, be able to listen to the interlocutor and understand its line item, and also reason for the made decisions.

Job descriptions (functional obligations) and the professional ethical standards which are not allowing the violations of the law of the Kyrgyz Republic providing the respect for ethical standards, independence and objectivity in relation to citizens excluding conflict of interest shall be observed by all employees.

For persons with special needs on medical and social indications (LOVZ, pensioners, veterans of the Great Patriotic War and work, expectant mothers), communication and provision of service is made in form clear and available to them

11

Methods of ensuring confidentiality

Information on the applicant and the service rendered to him is submitted according to article 146 of the Law of the Kyrgyz Republic "About customs regulation"

12

The list of necessary documents and/or actions from the consumer of the state service

In authorized state body in the field of customs affairs the application which is submitted concerning one intellectual property item is submitted.

The statement shall contain data:

1) about the owner and if the application is submitted by his representative, about the representative;

2) about intellectual property item;

3) about the term of protection of the rights to intellectual property item by customs authorities of the Kyrgyz Republic, but no more than 2 years;

4) about goods which movement through customs border or other actions with the goods which are under customs control attract, according to the owner, violation of its rights;

5) about commodity codes at least at the level of the first four nomenclature of foreign economic activity of signs according to the Commodity nomenclature of foreign economic activity

The documents confirming availability and accessory of the right to intellectual property items (the certificate, the license agreement or other documents according to the legislation of the Kyrgyz Republic on intellectual property), in case of need - the power of attorney issued by the owner to person representing its interests are enclosed to the application.

The applicant can enclose to the application samples of goods and (or) other data which can serve as confirmation available, in his opinion, the fact of violation of the rights of the owner to intellectual property items.

The obligation of the owner (in writing) about compensation of property harm which can be caused to the customs applicant, the owner, the receiver of goods or other persons in connection with suspension of release of goods is enclosed to the application. (Appendix to the Regulations on procedure for customs control concerning the goods containing intellectual property items, to No. approved by the order of the Government of the Kyrgyz Republic of November 27, 2000 694).

The receipt on payment for inclusion of intellectual property item in the customs register is enclosed to the application

13

Cost of paid state service

The state service is provided on paid basis.

The cost of service is stipulated in Item 9 Regulations on procedure for customs control concerning the goods containing intellectual property items, No. 694 approved by the order of the Government of the Kyrgyz Republic of November 27, 2000.

The price list of the prices is placed at information stands and the official site of authorized state body in the field of customs affairs - www.customs.kg

14

Parameters of quality of the state service

Quality of provision of the state service is determined by the following criteria:

- reliability and timeliness in accordance with the terms and the service provision terms declared in the standard of the rendered service;

- non-admission of discrimination on the basis of floor, race, language, disability, ethnic origin, religion, age, political and other convictions, educations, origins, property or other status, and also other circumstances;

- reliability, reclamation at citizens only of those documents for receipt of service which are specified in the standard;

- compliance of conditions of provision of service to the requirements established by this standard: access to the building, availability of household conveniences, the schedule of acceptance convenient for citizens, availability and availability of information support (in printing and electronic formats);

- correctness and politeness of employees when rendering the state service, consultation during all procedure of rendering service;

- compliance of resulting effect (the received service) to expectations of the applicant;

- availability of the complaint book of citizens in the available place

15

Provision of service in electronic format

The service is provided in electronic format regarding acceptance of request (statement) for receipt of service by means of the State portal of electronic services - portal.tunduk.kg, according to the Instructions for use the State portal of electronic services approved by the order of the Government of the Kyrgyz Republic of October 7, 2019 No. 525.

Note: for departure of the electronic request for receipt of service the applicant needs to be registered on the portal.tunduk.kg portal.

Stage of on-line interactivity - 3 (the available web page has functionality to fill in the request electronically and to take cognizance of it state agency without printout on paper

Refusal in provision of the state service and procedure for appeal

16

Refusal in provision of the state service

The authorized state body in the field of customs affairs refuses provision of the state service in the following cases:

- non-presentation of the documents specified in Item 12;

- absence at person who addressed for service, the right to its obtaining or powers to act on behalf of other person;

- in case of submission of false information by the applicant

17

Procedure for appeal

By inadequate provision of service the applicant has the right to address with the oral or written complaint management of authorized state body in the field of customs affairs.

The written complaint is submitted in a free form and shall contain full name of the consumer of service, residence address, phone number, and also claim essence, the signature of the consumer of service and date.

The authorized employee registers the claim within 1 working day and sends for consideration to management.

Consideration of claims and claims is performed in accordance with the established procedure by management of authorized state body in the field of customs affairs.

The term of consideration of the written address and the direction of the answer to the applicant shall not exceed 14 working days from the date of its receipt.

In case of dissatisfaction the made decision according to the claim the applicant has the right to appeal the decision of authorized state body in the field of customs affairs judicially

18

Frequency of review of the standard of the state service

The standard of the state service shall be reviewed regularly with frequency at least once in 3 years

14. Passport of the state service

1

Name of service

Customs escort of goods and vehicles - Chapter 8, Item 6 of the Unified register (list) of the state services

2

Full name of state body (organization) providing service

The authorized state body of the executive authority performing direct management of customs affairs in the Kyrgyz Republic and the having status of the armed law enforcement agency (further - authorized state body in the field of customs affairs)

3

Receivers of the state service

Legal entities and physical persons - participants of foreign economic activity

4

Legal basis of receipt of the state service

1) the Law of the Kyrgyz Republic "About customs regulation" (Articles 42, 139);

2) Customs code of the Eurasian Economic Union;

3) the order of the Government of the Kyrgyz Republic "About some questions in the field of customs affairs" of February 13, 2020 No. 79 (appendix No. 4)

5

Resulting effect of the provided state service

Order of customs authority on the organization of customs escort.

Putting down of necessary marks in the delivery-acceptance certificate of the accompanied vehicles transporting goods.

The goods delivery to the destination

6

Conditions of provision of the state service

Access for all applicants to the building of authorized state body in the field of customs affairs is provided in the presence of identity documents.

Provision of service is performed:

- indoors, answering to the established sanitary standards;

- in the presence of easy access of citizens to the building and sanitary and hygienic rooms (toilets, washing rooms), including for persons with limited opportunities of health (further - LOVZ), equipped (buildings, rooms) ramps, hand-rail;

- by the principle of queque.

Rooms have places for expectation, toilets (in regions, in case of impossibility of connection to the central plumbing and sanitary - outdoor), heating, water supply system, phone.

Preferential categories of citizens (participants and disabled people of the Great Patriotic War, home front workers and persons equated to them, LOVZ, expectant mothers) are serviced out of turn or if they cannot rise to the room, the employee goes down to them for reception of an application.

For convenience of visitors in the place of provision of service the list of the documents necessary for service acquisition, and application forms are placed.

Customs escort of the vehicles transporting goods is performed by officials of divisions of customs authorities.

Customs escort performs, one customs job specification (one or several officials accompanying the vehicles transporting goods)

7

Term of provision of the state service

1) expectation Term in queue for filing of application no more than 30 minutes;

2) term of acceptance and consideration of the application till one o'clock;

3) the customs authority will organize customs escort no later than 24 hours from the moment of adoption of such decision;

4) aggregate term of provision of the state service is established calculated on the basis of the term of customs transit of the making of customs transactions made according to the Instruction about features when placing goods under customs procedure of the customs transit approved by the order of the Government of the Kyrgyz Republic of August 10, 2015 No. 564;

5) the deadline of customs transit is determined by Article 144 of the Customs code of the Eurasian Economic Union

Informing receivers of the state service

8

Informing on the state service provided to the consumer (the list of necessary information), the state body responsible for standardization

Information on the state service can be obtained:

- in public reception of authorized state body in the field of customs affairs to the address: 720020, city of Bishkek, Ulitsa Baytik Baatyra, 4a;

- on the website of authorized state body in the field of customs affairs - www.customs.kg;

- on the State portal of electronic services - portal.tunduk.kg;

- in case of the personal appeal to authorized state body in the field of customs affairs and in customs authorities;

- from information stands in customs authorities, in locations of divisions of customs authorities.

Reception of citizens in authorized state body in the field of customs affairs and in customs authorities is made in day of their address.

Information is provided in the state and official languages

9

Methods of distribution of information on the state service

Distribution of information on the rendered service is performed through:

- Media (newspapers, radio, television);

- the website of the authorized state body of the executive authority performing direct management of customs affairs in the Kyrgyz Republic of www.customs.kg;

- The state portal of electronic services - portal.tunduk.kg;

- information stands, brochures, booklets;

- public reception of authorized state body in the field of customs affairs.

Addresses, phone numbers and operating mode together with the standard of the state service are placed at the stand, the website of authorized state body in the field of customs affairs

Servicing and rendering the state service

10

Communication with visitors

In authorized state body in the field of customs affairs and in customs authorities information plates on doors of offices of the employees involved in rendering service are placed.

All employees working with participants of foreign economic activity have personal registration plates.

In case of communication with visitors employees observe the following basic principles of ethics: be polite, benevolent, correct, patient, basic, aim to understand deeply being of question, be able to listen to the interlocutor and understand its line item, and also reason for the made decisions.

All employees observe job descriptions (functional obligations) and the professional ethical standards which are not allowing the violations of the law of the Kyrgyz Republic providing the respect for ethical standards, independence and objectivity in relation to citizens excluding conflict of interest.

For persons with special needs on medical and social indications (LOVZ, pensioners, veterans of war and work, expectant mothers), communication and provision of service is made in form clear and available to them

11

Methods of ensuring confidentiality

Information on the applicant and the service rendered to him is submitted according to article 146 of the Law of the Kyrgyz Republic "About customs regulation"

12

The list of necessary documents and/or actions from the consumer of the state service

1) Statement for carrying out customs escort of goods and vehicles;

2) transit declaration;

3) the transport (transportation), business and other documents specified in item 4 of the Instruction about features of making of customs transactions when placing goods under customs procedure of customs transit approved by the order of the Government of the Kyrgyz Republic "About measures for implementation of requirements of Articles 95, of 101, of 102, of 105, of 128, of 135, of 153, of 157, of 158, of 163, of 176, of 180, of 213, of 229, 232 Laws of the Kyrgyz Republic "About customs regulation in the Kyrgyz Republic" of August 10, 2015 No. 564;

4) the document confirming collection payment

13

Cost of paid state service

The state service is provided on paid basis.

For customs escort customs fees in the amount of, the stipulated in Clause 42 Laws of the Kyrgyz Republic "About customs regulation" are levied.

For customs escort of each vehicle transporting goods, and also the vehicle which is goods charges for customs escort in the amount of 1/10 (one tenth) settlement indicators for each kilometer of distance are levied.

The price list of the prices is placed at information stands and the official site of authorized state body in the field of customs affairs - www.customs.kg

14

Parameters of quality of the state service

Quality of provision of the state service is determined by the following criteria:

- timeliness of provision of service, in accordance with the terms and the terms declared in the standard of the rendered service;

- non-admission of discrimination on the basis of floor, race, language, disability, ethnic origin, to religion, age, political and other convictions, education, origin, property or other status, and also other circumstances;

- reliability, reclamation at citizens only of those documents for receipt of service which are specified in the standard;

- compliance of conditions of provision of service to the requirements established by this standard: access to the building, availability of household conveniences, the schedule of acceptance convenient for citizens, availability and availability of information support (in printing and electronic formats);

- correctness and politeness of employees when rendering the state service, consultation during all procedure of rendering service;

- compliance of resulting effect (the received service) to expectations of the applicant;

- the goods delivery and vehicles to the destination without additional methods of ensuring payment of receivable customs payments

15

Provision of services in electronic format

The service is provided in electronic format regarding acceptance of request (statement) for receipt of service by means of the State portal of electronic services - portal.tunduk.kg, according to the Instructions for use the State portal of electronic services approved by the order of the Government of the Kyrgyz Republic of October 7, 2019 No. 525.

Note: for departure of the electronic request for receipt of service the applicant needs to be registered on the portal.tunduk.kg portal.

Stage of on-line interactivity - 3 (the available web page has functionality to fill in the request electronically and to take cognizance of it state agency without printout on paper

Refusal in provision of the state service and procedure for appeal

16

Refusal in provision of the state service

The authorized state body in the field of customs affairs has the right to refuse provision of the state service in the following cases:

- incomplete representation by the consumer of the documents specified in Item 12 of this Standard;

- absence at person who addressed for service, the right to its obtaining or powers to act on behalf of other person;

- discrepancies of documents to the established requirements (in case of provision of the incomplete list of necessary documents and/or the wrong filling);

- availability in the submitted documents of the data untrue

17

Procedure for appeal

By inadequate provision of service the applicant has the right to address with the oral or written complaint management of authorized body in the field of customs affairs.

The written complaint is submitted within three months:

1) from the date of when person knew or it owed become known of violation of its rights and freedoms, creation of obstacles to their realization or illegal assignment of any obligation;

2) from the date of the expiration of fixed term for acceptance of the Kyrgyz Republic by customs authority or his official of the stipulated by the legislation decision or making of stipulated by the legislation action.

The claim is submitted in writing with indication of:

1) names of customs authority of the Kyrgyz Republic or the position, surname, name and middle name of the official of customs authority of the Kyrgyz Republic (if they are known), the decision, action (failure to act) of which is appealed;

2) surname, name, middle name or the name of person (legal or physical) making the complaint, its residence or the location;

3) being of the appealed decision, action (failure to act);

4) circumstances based on which person considers that the appealed decision, by action (failure to act) of customs authority of the Kyrgyz Republic or his official violates its rights and freedoms are created obstacles to their realization or any obligation is illegally assigned.

Consideration of claims and claims is performed according to the procedure, established by the legislation.

The term of consideration of the written address and the direction of the answer to the applicant shall not exceed 14 days from the date of its registration.

In case of dissatisfaction with the made decision according to the claim the applicant has the right to appeal the decision of authorized state body in the field of customs affairs in judicial authorities

18

Frequency of review of the standard of the state service

The standard of the state service shall be reviewed regularly with frequency at least once in 3 years