LAW OF THE KYRGYZ REPUBLIC

of October 31, 1998 No. 140

About subsidies and countervailing measures

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on October 7, 1998

This Law determines the basic concepts and the principles of the legislation on subsidies and countervailing measures, and also procedure for trial on establishment of the subsidies which are subject to compensation and conditions of introduction and cancellation of countervailing measures.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Terms and determinations

In this Law the following concepts are applied:

Harm - the loss of property caused to domestic manufacturers of similar goods as a result of deliveries of the subsidized goods or essential delay in the organization and expansion of production of similar goods in the Kyrgyz Republic.

Harm threat - real possibility of causing losses to domestic manufacturers of goods in the future by means of deliveries of the similar subsidized goods which are subject to application in relation to them countervailing measures.

Temporary measures - the provisional countervailing measures applied in the form of the temporary compensatory duties, bail bond or introduction on the deposit of sums of money.

Concerned parties - suppliers of the goods which are trial subject, either sales or industrial association most of which of members are suppliers of such goods, the government of the exporting country, the government of the Kyrgyz Republic, the producer of the similar or directly competing goods in the Kyrgyz Republic either sales or industrial association most of which of members make such goods in the Kyrgyz Republic.

Similar goods - goods identical or homogeneous:

identical goods - the goods identical in every respect;

homogeneous goods - the goods which are not identical in every respect, but having similar characteristics and consisting of similar components.

The supplier - the producer, the exporter or the importer of the subsidized goods which are trial subject.

Countervailing measures - the method of financial impact on suppliers of the subsidized goods applied in the form of temporary measures and the compensatory duties to elimination of threat of the harm or harm done by import of such goods for free circulation to customs area of the Kyrgyz Republic.

The compensatory duties - duties which are applied by customs authorities of the Kyrgyz Republic in case of import to free circulation to customs area of the Kyrgyz Republic of the subsidized goods if such import does or threatens to do harm to domestic manufacturers of the similar or directly competing goods or interferes with the organization and expansion of production of similar goods in the Kyrgyz Republic.

Objective criteria or conditions mean the criteria or conditions which are neutral which do not favor to certain companies in comparison with others and are economic on the essence and equal in application (number of persons employed or the size of the company). Criteria or conditions shall be accurately determined by the legislation and other official documents.

Domestic manufacturers are the Kyrgyz producers of goods, similar or directly competing with the subsidized goods whose cumulative production constitutes the main part of all their national production, except for interdependent producers.

Official organs of the country - embassy, consulate, the trade mission or authorized body of the country involved in trial.

Trial - the procedure of consideration of documents and other proofs concerning import to customs area of the Kyrgyz Republic of the subsidized goods which import does or threatens to do harm to domestic manufacturers of the similar or directly competing goods.

Subsidy - financial assistance of the state (or public organization) to certain company or industry, certain group of companies or industries which can be provided in the form of the state grants, loans, guarantees according to obligations, share purchases or provisions of tax benefits, and also provision of the goods on preferential prices reducing costs of production or trade.

The subsidized goods - goods, in case of production or export of which the subsidy was directly or indirectly used therefore these goods bring benefit to the supplier.

The industrial research - the planned research work or extremely necessary research directed to receipt of positive results in the field of new knowledge, on purpose, that such knowledge can be useful to new product development, processes or services or to serve considerable enhancement of the existing products, processes or services.

Pre-competitive developmental work - transfer of results of industrial research in the plan or the project of creation of the new, modified or advanced products, processes or services, held for sale or uses, including creation of the first prototype which cannot be used for commercial purposes. Conceptual development and designing of alternative options of products, processes or services, primary demonstration or pilot projects can also join provided that these projects cannot be used for industrial application or commercial purposes. The current or periodic changes of the existing products, production lines, engineering procedures, services or other transactions made regularly do not join even if similar changes can represent themselves enhancements.

Authorized body - the state body of the Government of the Kyrgyz Republic making trial on the statement of interested persons or on own initiative concerning import of the subsidized goods.

Article 2. Scope of this Law

This Law governs the relations arising:

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