It is registered
Ministry of Justice
Kyrgyz Republic
On June 20, 2008 No. 42-08
of May 30, 2008 No. 5-4/157
"About approval of "Regulations on procedure for access of the physical persons and legal entities performing the international motor transportations to the procedure of the International road carriages and use of MDP of books"
According to part II of appendix 9 Customs conventions about international delivery of loads using the book of MDP of 1975, for the purpose of further enhancement of customs control on access to the MDP procedure to physical persons and legal entities, I order:
1. Approve Regulations on procedure for access of the physical persons and legal entities performing the international motor transportations to the procedure of the International road carriages and use of MDP of books (daleepolozheny).
2. To management of the organization of customs control (Bootayev T. E.) in accordance with the established procedure to carry out registration of the order in the Ministry of Justice of the Kyrgyz Republic.
3. This order becomes effective, after state registration in the Ministry of Justice of the Kyrgyz Republic, in 15 days from the moment of official publication.
4. To the press service (Maldybayev A. A.) provide publication of this provision in official mass media and inform the Ministry of Justice of the Kyrgyz Republic on publication.
5. To department of information technologies (Baydzhigitov K. B.) post this order on the Website of the State Customs Committee of the Kyrgyz Republic.
6. To general department of Management of staffing (Omurbekova D. A.) bring this order to the attention of customs authorities.
7. To impose control of execution of this order on Management of the organization of customs control (Bootayev T. E.).
Chairman
N. Akmatov
Approved by the Order of STC KR of May 30, 2008 No. 5-4/157
1.1. This Provision is developed according to regulations of the Customs Convention about international delivery of loads using the book of MDP of November 14, 1975 (further - the Convention MDP), parts II of appendix 9 of the Convention MDP and the Agreement on guarantee signed between the State customs inspection under the Government of the Kyrgyz Republic and Association of the international automobile carriers of the Kyrgyz Republic (further - KYRGYZASMAP), and determines procedure for access of physical persons and legal entities to the MDP procedure.
1.2. The legal entities formed according to the legislation of the Kyrgyz Republic and also the physical persons performing business activity without formation of legal entity and registered according to the legislation of the Kyrgyz Republic can get access to the MDP procedure (further - persons).
1.3. Access to the MDP procedure is provided by the State Customs Committee of the Kyrgyz Republic (further - Authorized customs authority of the KR) only to those persons who meet the minimum conditions and requirements stated in part II of appendix 9 of the Convention MDP, and also in the documents "Optimum Practice — the Examples Which Are Subject to Publication in the Reference Book of MDP" approved on 44 sessions of Administrative committee of the Convention MDP No. ECE/TRANS/WP.30/AC.2/2007/10 of July 10, 2007 (further - Conditions and requirements of access). Without prejudice to article 38 of the Convention MDP this access is withdrawn if respect for these criteria is not provided any more.
1.4. КыргызАСМАП issues books of MDP only to those persons to whom it was not denied access to the MDP procedure by Authorized customs authority of the KR.
2.1. For receipt of access to the MDP procedure, persons submit to Authorized customs authority of the KR the application with provision of the documents specified in Items 3.1. and 3.2. Instructions about procedure for assumption of vehicles (containers) for the transportation of goods under customs seals and seals approved by the order of the Ministry of Finance of the Kyrgyz Republic No. 15-11/225 of April 4, 2000 and also the copy of registration documents according to Item 6 of the Instruction on customs clearance and customs control of the goods and vehicles moved through customs border of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic No. 961 of December 28, 2004.
2.2. Conditions and requirements which shall be observed by persons for receipt of access to the MDP procedure:
2.2.1. experience of implementation of the international motor transportations of loads (is confirmed by availability of the license for implementation of the international motor transportations);
2.2.2. strong financial position which proves to be true:
- for legal entities - annual provision in Authorized customs authority of the KR of the accounting balance statement for last year of activities;
- for physical persons - annual provision in Authorized customs authority of the KR of certificates (patents) for individual business activity for last year of activities;
2.2.3. lack of severe or numerous violations of the tax legislation of the Kyrgyz Republic, customs offenses in the territory of the Kyrgyz Republic and in the territory of foreign states, and also absence of debt on customs payments (is confirmed by Authorized customs authority of the KR after conducting the corresponding check of persons);
2.2.4. provision of the documents confirming availability at the head of the legal entity and his authorized employee, driver's structure, or at physical person, performing the international motor transportations, knowledge in the Convention MDP scope (is confirmed by the certificate of passing of rates of the international road carriages issued to KYRGYZASMAP);
2.2.5. availability of Certificates on assumption of vehicles (containers) for transportation of goods under customs seals and seals;
2.2.6. provision in Authorized customs authority of the KR of the register of own and leased (subleased) vehicles certified by KYRGYZASMAP, intended for accomplishment of the international motor transportations with indication of brands of railway vehicles and the state numbers (Appendix 1);
2.2.7. allow Authorized customs authority of the KR to check all reporting documentation and accounts linked using the MDP procedure.
2.3. Authorized customs authority of the KR the notification in KYRGYZASMAP on access for person to the MDP procedure in accordance with the established procedure goes.
2.4. In case of change of the data specified in the statement, and also in the documents enclosed to the application, persons shall notify Authorized customs authority of the KR in a month.
2.5. Person who was refused in access to the MDP procedure has the right to address repeatedly to Authorized customs authority of the KR behind receipt of access to the MDP procedure, after accomplishment of Conditions and requirements of access.
3.1. According to article 38 of the Convention MDP the Authorized customs authority of the KR has the right temporarily or finally to deprive person of access to the MDP procedure.
3.2. Temporary deprivation of person of right of access to the MDP procedure is made in cases:
- committing by persons of violations of the tax and customs legislation in the territory of the Kyrgyz Republic, and also violations of the customs legislation in the territory of foreign states;
- non-admissions of staff of Authorized customs authority of the KR for monitoring procedure on observance of requirements of the Convention MDP;
- failure to provide in Authorized customs authority of the KR of the data specified in Items 2.2. this provision.
3.3. Can be instructed by authorized customs authority of the KR to person in elimination of violations without temporary deprivation of access to the MDP procedure.
3.4. Person which is temporarily deprived of right of access to the MDP procedure has the right to address repeatedly to Authorized customs authority of the KR behind receipt of access to the MDP procedure, after elimination of the reasons which entailed temporary deprivation of access to the MDP procedure.
3.5. Final deprivation of person of right of access to the MDP procedure is made in cases:
- rejection by person of measures for elimination of the violations specified in Item 3.2. this provision;
- committing by persons of severe or numerous violations of the tax and customs legislation in the territory of the Kyrgyz Republic, and also the violations of the customs legislation in the territory of foreign states or which entailed emergence of debt on customs payment within the current year;
- non-realizations of transportations according to the MDP procedure within year from the date of receipt by person of access to the MDP procedure or from the date of return in KYRGYEASMAP of the last book of MDP;
- provisions by person of the written application about the termination of implementation of international carriages of loads by it according to the MDP procedure;
- recognitions of person by economically insolvent (bankrupt), in the procedure provided by the law, or announcements it about the insolvency (bankruptcy);
- liquidations or reorganization of person;
- according to the motivated address of KYRGYZASMAP.
3.6. Access to the MDP procedure is terminated from decision date by Authorized customs authority of the KR about temporary or final deprivation of person of right of access to the MDP procedure.
3.7. The authorized customs authority of the KR in accordance with the established procedure notifies KYRGYZASMAP about temporary or final deprivation persons of right of access to the MDP procedure.
3.8. The repeated application on receipt of access to the MDP procedure can be considered by Authorized customs authority of the KR after one year from the moment of final deprivation of right of access to the MDP procedure, on condition of elimination of the reasons which formed the basis for its final deprivation.
3.9. Person who received final deprivation of right of access to the MDP procedure has the right to appeal actions of Authorized customs authority of the KR in the procedure established by the legislation.
4.1. According to Item 2 of part 2 of appendix 9 of the Convention MDP the Authorized customs authority of the KR can bring additional terms and requirements for access to the MDP procedure.
to Regulations on procedure for access of the physical persons and legal entities performing the international motor transportations to the MDP procedure and use of MDP of books to the Order of the State Customs Committee of May 30, 2008 No. 5-4/157
The register of own vehicles allowed by KYRGYZASMAP for transportation of goods under customs seals and seals
+--------------------------------------------------------------------+ ¦№ ¦Владе-¦Марка,¦Год ¦№ ¦Гос. ¦№ лицензии ¦Номер ¦Дата ¦При- ¦ ¦п/¦лец ¦тип, ¦вы- ¦тех.¦регист-¦на междуна-¦Свиде- ¦продле-¦меча-¦ ¦п ¦транс-¦транс-¦пус-¦пас-¦рацион-¦родные ¦тельст-¦ния ¦ние ¦ ¦ ¦порт- ¦порт- ¦ка ¦пор-¦ный ¦перевозки ¦ва о ¦ ¦ ¦ ¦ ¦ного ¦ного ¦ ¦та, ¦номер ¦ ¦допуще-¦ ¦ ¦ ¦ ¦сред- ¦сред- ¦ ¦кем ¦транс- ¦ ¦нии т/с¦ ¦ ¦ ¦ ¦ства ¦ства ¦ ¦ и ¦порт- ¦ ¦дата ¦ ¦ ¦ ¦ ¦(наз- ¦ ¦ ¦ког-¦ного ¦ ¦выдачи ¦ ¦ ¦ ¦ ¦вание ¦ ¦ ¦да ¦сред- ¦ ¦ ¦ ¦ ¦ ¦ ¦орга- ¦ ¦ ¦вы- ¦ства ¦ ¦ ¦ ¦ ¦ ¦ ¦низа- ¦ ¦ ¦дан ¦(т/с) ¦ ¦ ¦ ¦ ¦ ¦ ¦ции, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ФИО, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦адрес)¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ +--+------+------+----+----+-------+-----------+-------+-------+-----¦ ¦1 ¦ 2 ¦ 3 ¦ 4 ¦ 5 ¦ 6 ¦ 7 ¦ 8 ¦ 9 ¦ 10 ¦ +--+------+------+----+----+-------+-----------+-------+-------+-----¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ +--------------------------------------------------------------------+
* The register of own vehicles is certified by the sign and seal of the head of the organization and KYRGYZASMAP.
The register of the leased (subleased) vehicles allowed by KYRGYZASMAP for transportation of goods under customs seals and seals
+--------------------------------------------------------------------+ ¦№ ¦Владе-¦Марка,¦Год ¦№ ¦Гос. ¦Номер, ¦№ ¦Номер ¦Дата¦При- ¦ ¦п/¦лец ¦тип, ¦вы- ¦тех.¦регист-¦дата ¦лицен-¦Свиде- ¦про-¦меча-¦ ¦п ¦транс-¦транс-¦пус-¦пас-¦рацион-¦догово-¦зии на¦тельст-¦дле-¦ние ¦ ¦ ¦порт- ¦порт- ¦ка ¦пор-¦ный ¦ра ¦между-¦ва о ¦ния ¦ ¦ ¦ ¦ного ¦ного ¦ ¦та, ¦номер ¦аренды ¦народ-¦допуще-¦ ¦ ¦ ¦ ¦сред- ¦сред- ¦ ¦кем ¦транс- ¦(суб- ¦ные ¦нии т/с¦ ¦ ¦ ¦ ¦ства ¦ства ¦ ¦ и ¦порт- ¦аренды)¦пере- ¦дата ¦ ¦ ¦ ¦ ¦(наз- ¦ ¦ ¦ког-¦ного ¦ ¦возки ¦выдачи ¦ ¦ ¦ ¦ ¦вание ¦ ¦ ¦да ¦сред- ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦орга- ¦ ¦ ¦вы- ¦ства ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦низа- ¦ ¦ ¦дан ¦(т/с) ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ции, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ФИО, ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦адрес)¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ +--+------+------+----+----+-------+-------+------+-------+----+-----¦ ¦1 ¦ 2 ¦ 3 ¦ 4 ¦ 5 ¦ 6 ¦ 7 ¦ 8 ¦ 9 ¦ 10 ¦ 11 ¦ +--+------+------+----+----+-------+-------+------+-------+----+-----¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ +--------------------------------------------------------------------+
** The register of leased (subleased) vehicles is certified by the sign and seal of the head of the organization and KYRGYZASMAP.
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The document ceased to be valid since September 23, 2011 according to Item 1 of the Order of the State Customs Service under the Government of the Kyrgyz Republic of September 23, 2011 No. 5-10/337