RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of September 13, 2024 No. 573

About approval of the Regulations on procedure of export control of controlled products in the Kyrgyz Republic

For the purpose of reduction in compliance with the Law of the Kyrgyz Republic "About introduction of amendments to the Law of the Kyrgyz Republic "About export control", being guided by articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic", the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on procedure of export control of controlled products in the Kyrgyz Republic according to appendix.

2. To the ministries, administrative departments, local public administrations and local government bodies of the Kyrgyz Republic to take the necessary measures following from this resolution.

3. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of the Regulations on transit of arms and military equipment through the territory of the Kyrgyz Republic" of September 24, 2007 No. 432;

2) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of September 24, 2007 No. 432 "About approval of the Regulations on transit of arms and military equipment through the territory of the Kyrgyz Republic" of February 27, 2008 No. 64;

3) the order of the Government of the Kyrgyz Republic "About further measures for enhancement of national system of export control in the Kyrgyz Republic" of October 27, 2010 No. 257;

4) the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic "About further measures for enhancement of national system of export control in the Kyrgyz Republic" of October 27, 2010 No. 257" of January 10, 2014 No. 15;

5) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About further measures for enhancement of national system of export control in the Kyrgyz Republic" of October 27, 2010 No. 257" of November 17, 2017 No. 748;

6) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Regulations on transit of arms and military equipment through the territory of the Kyrgyz Republic of September 24, 2007 No. 432" of January 29, 2018 No. 60;

7) the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About approval of the Regulations on procedure for import licensing, export of arms and military equipment, and also other military products" of December 17, 2021 No. 313;

8) the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About further measures for enhancement of national system of export control in the Kyrgyz Republic" of October 27, 2010 No. 257" of January 14, 2022 No. 13;

9) Item 2 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic in the field of export control" of April 20, 2021 No. 155.

4. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

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

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of September 13, 2024 No. 573

Regulations on procedure of export control of controlled products in the Kyrgyz Republic

Chapter 1. General provisions

1. The regulations on procedure of export control of controlled products in the Kyrgyz Republic (further - the Provision) determine procedure of control of foreign economic activity, uniform conditions and requirements in case of registration and issue of export licenses, import and re-export, and also permissions to transit, transfer within the country to the controlled products included in the National control list of the Kyrgyz Republic of controlled products (further - controlled products) according to the laws of the Kyrgyz Republic "About export control", "About licensed authorization system in the Kyrgyz Republic".

2. Requirements of this provision are obligatory for execution by all participants of foreign economic activity (further - foreign trade activities), including the broker activities and activities connected with transportation of controlled products, and also the public authorities concerning controlled products, except as specified, stipulated by the legislation and the international treaties which became effective according to the legislation of the Kyrgyz Republic.

3. In this Provision of concept are used in the values determined by the Law of the Kyrgyz Republic "About export control" and the following concepts are used:

1) arms, military equipment - different types of weapon and means of ensuring of its fighting application, including delivery systems, systems of targeting, start-up, management, and also other special technical means intended for equipment of armed forces, ammunition and their components, spare parts, devices and components to devices;

2) authorized state body - the state body of the Kyrgyz Republic which is performing state regulation in the field of export control, having appropriate authority in the field;

3) the warranty obligation of the end user - assurance of the end user about import of controlled products to the Kyrgyz Republic, about use of controlled products in stated purposes, about non-admission without the permission of the Ministry of Economy and Trade of the Kyrgyz Republic of transfer to its other business entity in the territory of the Kyrgyz Republic or to re-export to the third countries, drawn up in accordance with the established procedure;

4) stated purpose - the purpose of use of controlled products specified by the participant of foreign trade activities or the end user in the provided documents for export (re-export) and import of controlled products;

5) the end user - legal entities and physical persons of the Kyrgyz Republic and foreign states which will use the exported (imported) goods for the purpose of, specified in the warranty obligation of the end user (when importing) or the end-user certificate (when exporting);

6) the producer of controlled products - the legal entity who makes or processes goods according to the criteria established by the legislation of the country in the field of export control;

7) transportation - rendering services in movement of controlled products on the territory of the Kyrgyz Republic and out of its limits.

4. Export and import of the controlled products containing the data constituting the state secrets is performed according to the legislation of the Kyrgyz Republic on the state secrets and this Provision.

5. Provision of information to the third parties who are not stipulated in this Provision about the made or made procedures of export control is regulated by the current legislation of the Kyrgyz Republic in the field of the state secrets and trade secret.

6. Controlled products when moving on the territory and through Frontier of the Kyrgyz Republic are subject to the state control according to the procedure established by the legislation of the Kyrgyz Republic on export control.

7. The coordinating body of the Kyrgyz Republic in the field of export control is the Commission on military technically cooperation and export control.

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