LAW OF THE KYRGYZ REPUBLIC

of October 28, 2011 No. 187

About entering of amendments into the Law of the Kyrgyz Republic "About subsoil"

Accepted by Jogorku Kenesh of the Kyrgyz Republic on September 22, 2011

Article 1. Bring in the Law of the Kyrgyz Republic "About subsoil" (Sheets of Jogorku Kenesh of the Kyrgyz Republic, 1997, No. 8, the Art. 377) the following amendments:

1. Add Article 3 with parts 34 and 35 of the following content:

"Tender - method of provision of the right of temporary use by subsoil to foreign and domestic investors in case of which they assume the certain obligations established by the tender conditions approved by the Government of the Kyrgyz Republic.

Auction - method of provision of the right of temporary use by subsoil in case of which this right passes to the person who offered during trading and paid the highest price for the object of subsurface use exposed at auction. The procedure for holding the auction, condition of participation in it of potential subsoil users, procedure for determination of winners, and also procedure of payments for the mastered object of subsurface use are regulated by provision which affirms the Government of the Kyrgyz Republic.".

2. In Article 16:

1 after the word of "tender" to add part with the word", auction";

add part 2 with the offer third the following content:

"In the conditions of tender in case of equivalent proposals of investors it shall be provided the priority right to the domestic applicant.";

add Article with part 3 following of content:

"In cases of twofold ineffectual carrying out tender or auction, because of the absence of the necessary number of applicants, the mineral right is granted by direct negotiations.";

add Article with part 10 of the following content:

"Provision of mineral right, except fields of nation-wide value, by holding the auction or by means of direct negotiations performs state body on subsurface use according to the provisions approved by the Government of the Kyrgyz Republic.".

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