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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of August 1, 2014 No. 431

About approval of regulations on free economic zones Bishkek, Karakol, Leylek, Maymak and Naryn

(as amended on 23-01-2023)

For the purpose of creating favorable conditions for attraction of foreign investments and development of regions, according to article 9 of the Law of the Kyrgyz Republic "About free economic zones in the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve enclosed:

- Regulations on the free economic zone Bishkek;

- Regulations on the free economic zone Karakol;

- Regulations on the free economic zone of Leylek;

- Regulations on the free economic zone of Maymak;

- Regulations on the free economic zone Naryn;

- Procedure for accounting registration of the legal entity as the subject of the free economic zone.

2. Recognize to invalid:

- the order of the Government of the Kyrgyz Republic "About the free economic zone in the Naryn region of the Kyrgyz Republic" of April 19, 1993 No. 160;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the Karakolsky free economic zone (SEZ "Karakol")" of January 12, 1994 No. 13;

- the order of the Government of the Kyrgyz Republic "About the CEO of the free economic zone Naryn of May 30, 1994 No. 363;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of April 19, 1993 No. 160" of March 6, 1995 No. 64;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the free economic zone Bishkek of November 11, 1995 No. 474;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of November 11, 1995 No. 474 "About approval of the Regulations on the free economic zone Bishkek of November 29, 1996 No. 556;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the free economic zone of Maymak of June 20, 1997 No. 357;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the regulations on free economic zones of the Kyrgyz Republic approved by decisions of the Government of the Kyrgyz Republic" of June 23, 1998 No. 376;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the Regulations on free economic zones of the Kyrgyz Republic approved by decisions of the Government of the Kyrgyz Republic" of July 31, 2000 No. 469;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of July 31, 2000 No. 469 "About entering of amendments and changes into the regulations on free economic zones of the Kyrgyz Republic approved by decisions of the Government of the Kyrgyz Republic" of September 6, 2001 No. 541;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of March 11, 2002 No. 132;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of January 12, 1994 No. 13 "About approval of the Regulations on the Karakolsky free economic zone (SEZ "Karakol")" of August 11, 2004 No. 600;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of November 11, 1995 No. 474 "About approval of the Regulations on the free economic zone Bishkek of October 9, 2006 No. 724;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of June 29, 2007 No. 253;

- the order of the Government of the Kyrgyz Republic "About modification and amendments in the order of the Government of the Kyrgyz Republic of November 11, 1995 No. 474 "About approval of the Regulations on the free economic zone Bishkek of September 26, 2008 No. 539;

- the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of April 20, 2009 No. 238;

- the order of the Government of the Kyrgyz Republic "About introduction amendment in some decisions of the Government of the Kyrgyz Republic" of May 8, 2009 No. 285;

- 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 the free economic zone Bishkek of November 11, 1995 No. 474" of October 21, 2010 No. 251;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the free economic zone of Leylek of July 23, 2012 No. 518.

3. This resolution becomes effective after 15 days from the date of official publication.

Prime Minister

J. Otorbayev

Approved by the Order of the Government of the Kyrgyz Republic of August 1, 2014 No. 431

Regulations on the free economic zone Bishkek

1. General provisions

1. This Provision is developed according to the Law of the Kyrgyz Republic "About free economic zones in the Kyrgyz Republic" and determines the legal basis of managing and foreign economic activity of the free economic zone Bishkek (further - SEZ "Bishkek").

2. The purposes of creation of SEZ "Bishkek" are assistance to social and economic development of the city Bishkek and Chuy Region, providing favorable conditions for investment attraction, technologies, creation and development of productions, transport infrastructure, modern production and social infrastructure, new workplaces, market saturation by goods, increase in level of living of the population.

3. The relations arising in connection with activities of SEZ "Bishkek" and registration of legal entities as subjects of SEZ "Bishkek" are regulated by the Law of the Kyrgyz Republic "About free economic zones in the Kyrgyz Republic", the tax legislation of the Kyrgyz Republic, the legislation of the Kyrgyz Republic in the field of customs affairs, other regulatory legal acts of the Kyrgyz Republic, and also the international treaties which became effective in the procedure established by the law which participant is the Kyrgyz Republic.

4. If the international treaty which came in the procedure established by the law into force which participant is the Kyrgyz Republic establishes other rules, than those which are stipulated by the legislation about SEZ are applied rules of the international treaty.

5. SEZ "Bishkek" is SEZ of functional type, has the protected territory and borders, the budget, own governing bodies.

6. SEZ "Bishkek" is located on 3 sites total area of 346,09 of hectare, including:

- in the territory of the National exhibition center in the city of Bishkek on the site of 43 hectares;

- in the village of Joint stock company-Chy of Alamudunsky district of Chuy Region, in 10 km to the North from the city of Bishkek, on the site Ploshchad 203,09 of hectare;

- in the city of Kara-Balta of Zhayylsky district of Chuy Region, on the site of 100 hectares.

2. Conditions of the organization and functioning of SEZ "Bishkek"

7. SEZ "Bishkek" is created in specially allocated territory which is provided with customs control and customs regulation of activities of subjects of SEZ "Bishkek" according to requirements of the legislation of the Kyrgyz Republic in the field of customs affairs.

8. Requirements to arrangement of the territory of SEZ "Bishkek" in which customs procedure of free customs zone is applied including requirements for barrier, and also regulation of activities of subjects of SEZ "Bishkek" in the territory of SEZ "Bishkek" are determined according to the legislation of the Kyrgyz Republic.

The authorized state body in the field of customs affairs confirms compliance of barrier or other conditions for customs control to requirements of the legislation of the Kyrgyz Republic.

9. If other is not provided by this Chapter, in case of non-compliance with conditions, stipulated in Item the 7th this provision, the general tax regime is applied to subjects of SEZ "Bishkek".

10. Subjects of SEZ "Bishkek" can perform in the territory of SEZ "Bishkek" the productive and other economic activity connected with use of goods of the Eurasian Economic Union and foreign goods on condition of compliance with law of the Kyrgyz Republic "About free economic zones in the Kyrgyz Republic" and other regulatory legal acts of the Kyrgyz Republic.

11. Subjects of SEZ "Bishkek" perform other activities which are not prohibited by the legislation of the Kyrgyz Republic.

12. Check of subjects of SEZ "Bishkek" concerning observance of requirements of the legislation by them in the field of customs affairs, the tax legislation and the legislation on the national social insurance is made according to the legislation of the Kyrgyz Republic, with the notification of general directorate of SEZ "Bishkek".

13. Intervention in economic activity of subjects of SEZ from any state body is not allowed, except as specified, determined by the legislation of the Kyrgyz Republic.

3. Financing and particular SEZ "Bishkek" currency treatment

14. Financing of creation and development of SEZ "Bishkek", including production, engineering, transport and other infrastructure, other expenses connected with functioning of SEZ "Bishkek" including content of general directorate, can be performed from the republican budget, the local budget, own budget of SEZ "Bishkek" or other sources which are not prohibited by the legislation of the Kyrgyz Republic.

15. The general directorate of SEZ "Bishkek" makes contributions to the local budget in the amount of percent 0,01 from revenue and in the republican budget - in the amount of 0,02 of percent from revenue.

15-1. Subjects of SEZ "Bishkek" make general directorate of SEZ "Bishkek" payment for the right of implementation of the activities in the territory of SEZ "Bishkek" as the subject of SEZ "Bishkek".

16. Payment for the right of implementation of activities in the territory of SEZ "Bishkek" as the subject of SEZ "Bishkek" is established in the following sizes:

for residents of SEZ assignments for use of tax benefits are established in the following sizes within calendar year:

- 1,0 of % of the received revenue for the performed works on development of the software, servicing of the websites and service of IT technologies;

- 1,0 of % of customs value when exporting of the goods made in SEZ to 500, 0 million som;

- 0,6 of % of customs value when exporting of the goods made in SEZ on the amount from 500, 0 million som;

- 2,0 of % of customs value in case of realization in the territory of the Kyrgyz Republic of the goods made in SEZ to 50, 0 million som;

- 1,6 of % of customs value in case of realization in the territory of the Kyrgyz Republic of the goods made in SEZ on the amount from 50, 0 million som to 200, 0 million som;

- 1,4 of % of customs value in case of realization in the territory of the Kyrgyz Republic of the goods made in SEZ on the amount from 200, 0 million som to 500, 0 million som;

- 1,2 of % of customs value in case of realization in the territory of the Kyrgyz Republic of the goods made in SEZ on the amount from 500, 0 million som;

- 2,0 of % of customs value in case of realization of foreign goods to 500, 0 million som within calendar year;

- 1,6 of % of customs value in case of realization of foreign goods on the amount from 500, 0 million som;

- 2% from proceeds from sales of works and services;

- % 1,6 from difference of customs value of import and export of foreign goods when rendering agency services in the territory of SEZ.

17. The particular currency treatment in the territory of SEZ "Bishkek" provides free circulation of foreign currency, including when rendering services and calculating between legal entities and physical persons according to the rules identified by the legislation of the Kyrgyz Republic.

18. Settlings of subjects of SEZ "Bishkek" with foreign participants of foreign trade activity are conducted in any currency as agreed by the parties.

4. Execution of the tax liabilities and obligations on the national social insurance

19. Registration of the legal entity as the subject of SEZ or loss by the legal entity of the status of the subject of SEZ is made according to Procedure for accounting registration of the legal entity as the subject of SEZ.

20. The preferential tax regime is applied to activities of subjects of SEZ "Bishkek" according to Chapter 58 of the Tax code of the Kyrgyz Republic for their activities as the subject of SEZ "Bishkek", in case of confirmation of authorized state body in the field of customs affairs about compliance of barrier or other conditions to requirements to customs control of subjects of SEZ "Bishkek".

21. The subject of SEZ "Bishkek" fulfills obligations on the national social insurance, including the physical persons working on hiring according to the legislation of the Kyrgyz Republic.

22. Subjects of SEZ "Bishkek" keep financial accounting and the reporting on financial and economic activities according to procedure about financial accounting and the tax legislation of the Kyrgyz Republic.

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