THE LAW OF THE KYRGYZ REPUBLIC
Bishkek, as of July 2, 1997 N 41
On state regulation of foreign trade activities in the Kyrgyz Republic
(As amended by the Laws of the Kyrgyz Republic as of December 24, 2003 N 239, October 5, 2011 N 161, November 4, 2011 N 201, June 10, 2015 N 128 В)
This Law defines fundamentals for state regulation of foreign trade activity, procedures of its implementation by the individuals and entities of the Kyrgyz Republic and foreign individuals and entities, rights, duties and responsibilities of public administration bodies of the Kyrgyz Republic in the sphere of foreign trade activity.
Chapter I
General provisions
Article 1. Objectives of this Law
The objectives of this Law are to protect economic sovereignty, to enable economic security of the Kyrgyz Republic, to encourage the development of foreign trade activity and to provide conditions for effective integration of economy of the Kyrgyz Republic.
Article 2. Definitions used in this Law
The following definitions are used in this Law:
Foreign trade activity – business activity in the sphere of international exchange of commodities, services, information and results of intellectual activity, to include exclusive rights thereto (intellectual property rights).
Foreign trade in goods - import and / or export of goods.
Goods – any movable property (including all types of energy) and air and watercrafts referred to immovable property that are subject of foreign trade activity. Vehicles used upon agreement on international freight should not be considered as goods.
Dual-use items – raw materials, materials, equipment and scientific – technical information, services that are intended for peaceful use, but that may be used upon creation armament and military equipment.
Services – business activity aimed at satisfaction of demand of other persons, excluding activity that is performed based on labor legal relationship.
Exclusive rights for the results of intellectual activity (intellectual property rights) – exclusive rights for literature, art and scientific production, software for electronic computers and databases; allied rights; for inventions, industrial samples, utility models, as well as equated to the results of intellectual activity means of individualization of legal entity (firm names, trademarks, service marks) and other results of intellectual activity and means of individualization that are protected by the law.
Export – exportation of goods, services, results of intellectual activity, including intellectual property rights from customs territory of the Kyrgyz Republic abroad without obligations on re-exportation; the fact of export is recorded at the moment when the goods cross the customs border of the Kyrgyz Republic, when the rights on the results of intellectual activity or services are provided. Certain commercial operations without exportation from the customs territory of the Kyrgyz Republic abroad are equated to export of goods, in particular, upon purchase of goods by foreign operator from the citizen of the Kyrgyz Republic and transfer of these goods to another citizen of the Kyrgyz Republic for processing and further exportation of processed goods abroad.
Import – importation of goods, works, services, results of intellectual activity, including intellectual property rights, to customs territory of the Kyrgyz Republic from abroad without obligations on re-exportation. The fact of import is recorded at the moment when the goods cross the customs border of the Kyrgyz Republic, when the rights on the results of intellectual activity or services are provided.
License for foreign trade activity - a document certifying the right to export and (or) import certain specific types of goods in a certain quantity.
Monitoring of export and / or import of certain types of goods - a temporary measure established to monitor the dynamics of exports and (or) imports of certain types of goods.
Kyrgyz foreign trade operators (entities and individuals of the Kyrgyz Republic) – legal entities established in accordance with the legislation of the Kyrgyz Republic, with permanent place of stay on its territory, as well as natural persons that are citizens of the Kyrgyz Republic having permanent of primary residence on the territory of the Kyrgyz Republic and registered as individual entrepreneurs.
Foreign trade operators (foreign entities and legal entities) – legal entities and organizations in different legal form, whose civil legal capacity is defined according to the law of foreign state, where those are established; foreign citizens, civil legal capacity and capability of whom is defined in accordance with the law of foreign state, which citizenship they belong, and stateless persons, civil legal capacity and capability of whom is defined in accordance with the law of foreign state, where these persons permanently stay.
Export control system – complex of measures on implementation of exportation procedures provided for by this Law, other laws and other normative and legal acts of the Kyrgyz Republic by executive power administration bodies in relation to armament and military equipment, as well as certain types of commodities, materials, equipment, technologies and scientific – technical information that may be used upon creation of armament and military equipment (hereinafter referred to as dual-use items), prohibiting exportation of weapon of mass destruction and other types of weapon and technologies for its creation, as well as measures on identification, prevention and suppression of violations of these procedures.
Economic security – a state of economy that enables adequate level of social, political and defensive existence and progressive development of the Kyrgyz Republic, invulnerability and independence of its economic interests towards potential external and internal threats and impacts.
(As amended by the Law of the Kyrgyz Republic as of June 10, 2015 N 128)
Article 3. Legislation of the Kyrgyz Republic on foreign trade activity
Foreign trade activity in the Kyrgyz Republic should be regulated by the Constitution of the Kyrgyz Republic, this Law, other laws and other legal acts of the Kyrgyz Republic, as well as by the international agreements of the Kyrgyz Republic.
Article 4. Principles of state regulation of foreign trade activity
The main principles of state regulation of foreign trade activity of the Kyrgyz Republic should be the following:
1) unity of foreign trade policy as an integral part of foreign policy of the Kyrgyz Republic;
2) unity of the system of state regulation of foreign trade activity and control over its implementation;
3) unity of export control policy implemented with the purpose of implementation of national tasks related to national security, political, economic and military interests, as well as implementation of international obligations of the Kyrgyz Republic on prevention of exportation of weapon of mass destruction and other types of weapon;
4) integrity of customs territory of the Kyrgyz Republic;
5) priority of economic measures of state regulation of foreign trade activity;
6) equality of foreign trade operators and their non-discrimination;
7) protection of the rights and legitimate interests of foreign trade operators by the state;
8) exclusion on unjustified interference of the state and its agencies into foreign trade activity, causing damage to foreign trade operators and to economy of the Kyrgyz Republic as a whole.
Article 5. Foreign trade policy of the Kyrgyz Republic
Relations between the Kyrgyz Republic and foreign states in the sphere of foreign trade activity should be built on the basis of observance of the obligations that follow from the international agreements of the Kyrgyz Republic.
In order to provide integration of economy of the Kyrgyz Republic into global economy, the Kyrgyz Republic takes part in the international agreements on customs unions and free trade zones based on establishment of single customs territory without application of measures related to customs – tariff and non-tariff regulation of trade between member countries of these unions and member countries of activity implemented in free trade zones. At that, single customs tariff should be established in all member countries in relation to trade with third countries, if not otherwise provided for interstate customs agreements, while national customs tariff should remain unchanged in the countries participating in foreign activity implemented in free trade zones.
Article 6. Powers of public administration bodies of the Kyrgyz Republic in relation to foreign trade activity
Public administration bodies of the Kyrgyz Republic should have the following jurisdiction:
1) formulation of the concept and development strategy for foreign trade relations and the main principles of foreign trade policy of the Kyrgyz Republic;
2) ensuring economic security, protection of economic sovereignty, economic interests of the Kyrgyz Republic;
3) state regulation of foreign trade activity, including customs tariff and non-tariff regulation in cases stipulated by laws, international treaties to which the Kyrgyz Republic is a party that have entered into force in accordance with established procedure, as well as state regulation of activities in the field of confirming conformity of goods with mandatory requirements in view of their import into the Kyrgyz Republic and export from the Kyrgyz Republic;
4) establishment of mandatory on the entire territory of the Kyrgyz Republic safety standards and criteria and (or) safety for human health upon importation of goods and rules to control them;
5) definition of the procedures for export and import of armaments, military equipment and property intended for military - technical use, provision of technical assistance in creation of military facilities abroad, transfer of technical documentation, arrangement of licensed production, modernization and repair of military equipment, as well as provision of other services in the sphere of military – technical cooperation;
6) definition of the procedures for export and import of fissionable materials, poison, explosive, toxic, psychotropic substances, potent narcotic drugs, biologically active materials (donor’s blood, internals and other materials), genetically active materials (fungi specimen, bacteria, virus, seminal and spermatic material of animal and human and other materials), endangered animals and plants, their parts and derivatives, as well as procedures of their use;
7) definition of the procedures for export and import of hazardous waste, as well as procedures of its use;
8) definition of the procedures for export of certain types of commodities, materials, equipment, technologies, scientific – technical information and provision of services applied upon creation of armament and military equipment, as well as those that are intended for peaceful use, but that could be used upon creation of nuclear, chemical and other types of weapon of mass destruction and various missile systems;
9) definition of the procedures for export of certain types of strategically important commodities related to the implementation of international obligations of the Kyrgyz Republic, import of commodities for processing on the customs territory of the Kyrgyz Republic and export of products resulted from such processing;
10) definition of procedures for export and import of precious metals, precious stones, items made of those, scrap of precious metals and precious stones, waste of their processing and chemicals that contain precious metals in accordance with the international treaties entered into force in accordance with established procedure, to which the Kyrgyz Republic is a party;
11) establishment of statistics reporting indicators for foreign trade activity mandatory in the entire territory of the Kyrgyz Republic;
12) provision of state loans and other economic assistance to foreign countries, their legal entities and international organizations; conclusion of international agreements on external borrowing of the Kyrgyz Republic and on state loans provided to the Kyrgyz Republic by foreign countries; establishment of limits for state loans of the Kyrgyz Republic, external borrowings of the Kyrgyz Republic;
13) formation and use of official gold and foreign currency reserve of the Kyrgyz Republic;
14) development of the balance of payments of the Kyrgyz Republic;
15) attraction of state, banking and commercial loans under the guarantees of the Government of the Kyrgyz Republic, control over their use;
16) establishment of the limit of external debt of the Kyrgyz Republic and debt management, organization of work on the repayment of debts of foreign countries to the Kyrgyz Republic;
17) conclusion of the international agreements of the Kyrgyz Republic in the sphere of foreign economic relations;
18) participation in the activity of international economic, research and technical organizations, implementation of the decisions made by these organizations;
19) establishment and functioning of trade representations of the Kyrgyz Republic abroad, as well as the representations of the Kyrgyz Republic within international economic, research and technical organizations;
20) possession, use and disposal of state property of the Kyrgyz Republic abroad.
(As amended by the Law of the Kyrgyz Republic as of June 10, 2015 N 128)
)
Chapter II
Foreign trade operators
Article 7. Entities and individuals of the Kyrgyz Republic and foreign entities and individuals as foreign trade operators
All entities and individuals of the Kyrgyz Republic should be entitled to conduct foreign trade activity, excepting instances provided for by the legislation of the Kyrgyz Republic.
Foreign entities and individuals should perform foreign trade activity in the Kyrgyz Republic in accordance with the legislation of the Kyrgyz Republic.
Article 8. Participation of public administration bodies of the Kyrgyz Republic and local self-governance bodies in direct implementation of foreign trade activity
Public administration bodies of the Kyrgyz Republic and local self-governance bodies should directly implement foreign trade activity only in cases provided for by the laws, regulatory and legal acts of the Kyrgyz Republic.
Chapter III
The main provisions on state regulation of
foreign trade activity
Article 9. Executive agencies of the Kyrgyz Republic responsible for regulation of foreign trade activity
State foreign trade policy should be implemented by means of application of economic and administrative methods of regulation of foreign trade activity in accordance with this Law, other laws and other regulatory and legal acts of the Kyrgyz Republic.
The Government of the Kyrgyz Republic should:
1) provide for implementation of single state foreign trade policy in the Kyrgyz Republic and measures on its implementation, make relevant decisions and enforce their implementation;
2) develop foreign trade activity development program;
3) take measures to protect domestic market of the Kyrgyz Republic in accordance with the laws and international treaties entered into force in accordance with established legal procedure to which the Kyrgyz Republic is a party;
4) establish the rates of customs tariff in accordance with the laws and international treaties entered into force in accordance with established legal procedure to which the Kyrgyz Republic is a party;
5) introduce quantitative limitations for export and import in accordance with the laws and international treaties entered into force in accordance with established legal procedure to which the Kyrgyz Republic is;
6) within its competence make decisions on conducting negotiations and signing international agreements of the Kyrgyz Republic;
7) implement management of property of the Kyrgyz Republic abroad;
8) exercise other powers entrusted by the Constitution of the Kyrgyz Republic and the legislation of the Kyrgyz Republic, decrees of the President of the Kyrgyz Republic, in the sphere of state regulation of foreign trade activity.
Development of proposals on state foreign trade policy of the Kyrgyz Republic, regulation of foreign trade activity of its operators, signing the international agreements of the Kyrgyz Republic should be implemented by executive agency of the Kyrgyz Republic, which is directly entrusted by the Government of the Kyrgyz Republic with coordination and regulation of foreign trade activity.
Executive agency of the Kyrgyz Republic, mentioned in part three of this article should provide for direct implementation of state foreign trade policy objectives related to protection of interests of the Kyrgyz Republic, as well as development and implementation of measures related to foreign trade activity regulation.
The bodies authorized to license the export and / or import of goods in respect of which quantitative limitations are established or an authorization procedure has been introduced should be identified by the Government of the Kyrgyz Republic.
(As amended by the Law of the Kyrgyz Republic as of June 10, 2015 N 128)
Article 10. Methods of state regulation of foreign trade activity
The state foreign trade policy should be implemented by means of customs – tariff regulation (application of import and export customs tariffs) and non-tariff regulation (in particular, by means of quotes and licensing) of foreign trade activity in accordance with this Law, other laws and other legal acts of the Kyrgyz Republic.
Other methods of state regulation of foreign trade activity by means of interference and establishing of various limitations by public administration bodies of the Kyrgyz Republic should be prohibited.
Regulation of other types of foreign trade activity, in particular, international investment cooperation, industrial cooperation of currency and finance – crediting operations should be made by the relevant laws and other legal acts of the Kyrgyz Republic.
Article 11. Customs – tariff regulation of foreign trade activity
In order to regulate import and export operation, including for protection of domestic market of the Kyrgyz Republic and encouragement of advanced structural changes in the economy of the Kyrgyz Republic, in accordance with the laws and international agreements of the Kyrgyz Republic import and export customs duties should be established.
Article 11-1. Licensing in foreign trade activities
Licensing of export and / or import of goods should not have a more restrictive or distorting effect on export or import of goods than the purpose for which the limitations were imposed
The procedure and conditions for issuing licenses and permits for export and (or) import are governed by the laws and the international treaties entered into force in accordance with established legal procedure, to which the Kyrgyz Republic is a party.
The ground for issuing licenses is the opinion of a specialized expert organization on possibility and feasibility of exporting and (or) importing goods based on economic interests, national and environmental safety of the Kyrgyz Republic.
Specialized expert organizations that approve the decision on issuing export and (or) import licenses for goods for which quantitative limitations have been established or an authorization procedure has been introduced should be identified by the Government of the Kyrgyz Republic.
(As amended by the Law of the Kyrgyz Republic as of June 10, 2015 N 128)
See:
The Resolution of the Government of the Kyrgyz Republic as of March 24, 2016 N 142 "On approval of the List of expert organizations and licensors for licensing export and import of specific goods included in the Unified List of Goods to which non-tariff regulation measures are applied in trade with third countries, and on making additions and changes in some decisions of the Government of the Kyrgyz Republic”.
Article 12. Quantitative export and import limitations
The Government of the Kyrgyz Republic may introduce quantitative export and import limitations in the following exclusive instances:
1) enabling national security of the Kyrgyz Republic;
2) implementation of the international obligations of the Kyrgyz Republic taking into consideration domestic market state of affairs;
3) protection of domestic market of the Kyrgyz Republic in accordance with article 15 of this Law.
See:
The Resolution of the Government of the Kyrgyz Republic as of April 7, 2009 N 221 “On establishment of quotas for import of white sugar to the Kyrgyz Republic”.
Allocation of the quota and licenses issuing upon established quantitative limitations should be made in accordance with the legislation, as a rule, by means of tender or auction, or by means of actual export and/or import operations until total amount of a quote is reached, at that, executive agency mentioned in part three of article 9 of this Law should provide preferential right to producers’ entities.
Upon conducting tender or auction, limitation of the number of participants of such tender or auction and their discrimination based on ownership form, place of registration, or market position should be prohibited.
Article 13. Export control
In order to protect national interests of the Kyrgyz Republic upon implementation of foreign trade activity in relation to armament, military equipment and dual-use items, as well as to observe the international obligations of the Kyrgyz Republic on non-proliferation of weapons of mass destruction and other types of weapon, technologies of their creation in the Kyrgyz Republic, export control system is effective.
The nomenclature of armament, military equipment, certain types of commodities, materials, equipment and technologies, scientific – technical information and services subject to export control that are used or could be used upon creation of weapon of mass destruction, missile systems and other types of weapon should be determined by the lists approved by the Government of the Kyrgyz Republic upon coordination with expert committee of the Parliament of the Kyrgyz Republic.
The Kyrgyz Republic should implement single export control policy that should be determined exclusively based on requirements of national security of the country and its political, economic and military interests.
Export of goods, works and services, as well as results of intellectual activity, including intellectual property rights, export of which should be controlled in accordance with part one of this article should be implemented according to the procedures established by the Government of the Kyrgyz Republic.
(As amended by the Laws of the KR as of December 24, 2003 N 239, October 5, 2011 N 161)
Article 14. State monopoly for export and/or import of certain goods
The laws of the Kyrgyz Republic should define the lists of certain goods, for export and/or import of which state monopoly is introduced.
State monopoly for export and/or import of certain goods should be implemented based on licensing of export and/or import activity. Licenses for this activity should be issued by executive agency mentioned in part three of article 9 of this Law exclusively to state enterprises that should perform export and/or import operations in accordance with the legislation of the Kyrgyz Republic based on non-discrimination and bona fide commercial practice principles.
Export and/or import transactions for certain goods made with violation of state monopoly should be declared invalid.
Executive agency of the Kyrgyz Republic mentioned in part three of article 9 of this Law should be entitled to claim to apply consequences of invalid transaction in accordance with the procedures provided for by the Civil Code of the Kyrgyz Republic.
Article 15. Protective measures in relation to imported goods
In accordance with the laws and the international treaties entered into force in accordance with established legal procedure, to which the Kyrgyz Republic is a party, special protective measures, anti-dumping measures and countervailing measures may be introduced when importing goods to protect the economic interests of domestic producers.
(As amended by the Law of the Kyrgyz Republic as of June 10, 2015 N 128)
Article 16. Bans and limitations for export and/or import coming from national interests
In accordance with the laws of the Kyrgyz Republic and international agreements, bans and limitations may be introduced in the republic for export and/or import of goods, works, services, as well as results of intellectual activity, including intellectual property rights coming from national interests, including:
1) observance of public morale and law and order;
2) protection of human life and health, protection of flora and fauna and the environment as a whole;
3) preservation of cultural heritage of peoples of the Kyrgyz Republic;
4) protection of cultural values from illegitimate export, import or assignation of property rights thereto;
5) the need to prevent depletion of irreplaceable natural resources provided that the relevant measures are introduced at the same time with the limitation of domestic production and consumption;
6) providing for national security of the Kyrgyz Republic;
7) protection of external financial status and support of the balance of payments of the Kyrgyz Republic;
8) implementation of the international obligations of the Kyrgyz Republic.
The Laws on bans and limitations for export and/or import of goods, adopted based on national interests should be made effective not earlier that 15 days after their official publication.
(As amended by the Law of the Kyrgyz Republic as of November 4, 2011 N 201)
Article 17. Technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements in relation to imported goods, their quality control
Goods imported on the territory of the Kyrgyz Republic should meet technical, pharmacological, sanitary, veterinary, phytosanitary and environmental standards and requirements established in the Kyrgyz Republic.
The procedures for certification of imported goods should be regulated by the legislation of the Kyrgyz Republic and other regulatory and legal acts of the Kyrgyz Republic.
Import of environmentally hazardous products should be subject to special control defined by the laws and other legal acts of the Kyrgyz Republic.
Importation of goods to the territory of the Kyrgyz Republic should be prohibited, which:
1) do not meet standards and requirements indicated in part one of this article;
2) do not have certificate, labeling or certificate of conformity in the cases provided for by the laws and other legal acts of the Kyrgyz Republic;
3) prohibited for use as dangerous consumer goods;
4) have defects dangerous for consumers.
The above goods should be exported back or terminated based on the act prepared by the independent experts of the Charmer of Commerce of the Kyrgyz Republic in accordance with the procedures defined by Customs Code of the Kyrgyz Republic.
Article 17-1. Monitoring of export and / or import of certain types of goods
Monitoring of export and / or import of certain types of goods is carried out by issuing permits in accordance with the international treaties entered into force in accordance with established legal procedure, to which the Kyrgyz Republic is a party.
(As amended by the Law of the Kyrgyz Republic as of June 10, 2015 N 128)
Article 18. Participation of the Kyrgyz Republic in the international economic sanctions
Participation of the Kyrgyz Republic in the international economic sanctions imposed in relation to one state, or several states and making these sanctions effective should be implemented by the decrees of the President of the Kyrgyz Republic.
The individuals and entities of the Kyrgyz Republic should be entitled to receive compensation judicially from the republican budget for the damage caused related to the participation of the Kyrgyz Republic in the international economic sanctions.
Chapter IV
Special treatment for certain types of foreign trade activity
Article 19. Free economic zones
Special treatment for economic activity, including foreign trade activity on the territory of free economic zones should be established by the Law on free economic zones, other laws and other legal acts of the Kyrgyz Republic.
Chapter V
Facilitating the development of foreign trade activity and its stimulation
Article 20. Foreign trade development programs
To stimulate growth of national economy, the Government of the Kyrgyz Republic and local self-governance bodies should encourage foreign trade activity development, including by implementation of republican and regional foreign trade development programs.
The Government of the Kyrgyz Republic at the same time with the development of republican budget should annually elaborate republican foreign trade development program.
The above republican program should contain:
1) forecast of trade balance as a component of the balance of payment of the Kyrgyz Republic;
2) assessment of current state of affairs and problems of trade – economic relations between the Kyrgyz Republic and foreign states;
3) plan of external borrowings of the Kyrgyz Republic with detailed description of foreign loans’ intended use;
4) plan of export credits allocated from the republican budget or under the guarantees of the Government of the Kyrgyz Republic;
5) plan of external debt service of the Kyrgyz Republic;
6) plan of revenue received from debt service in relation to debt of foreign states before the Kyrgyz Republic;
7) the list of state foreign trade regulation measures taken or planned to be taken during the year, rates of customs duties and limits of their possible changes, quantitative limitations for export and import, as well as the list of measures related to protection of domestic market and currency regulation;
8) the list of measures to enable encouragement of industrial export for the relevant year;
9) the register of cases of discrimination and violations of bilateral and multilateral obligations made towards Kyrgyz individuals and entities in the markets of certain states, and the list of measures taken or planned to be taken to protect legitimate trade – economic interests of the Kyrgyz Republic.
Local self-governance bodies within their competence, together with executive agency mentioned in part three of article 9 of this Law should elaborate foreign trade development programs on the territories of their jurisdictions.
Article 21. Information provision of foreign trade activity
In order to provide for development and enhance effectiveness of foreign trade activity on the territory of the Kyrgyz Republic the system of foreign trade information is effective that is funded from the republican budget and managed by executive agency of the Kyrgyz Republic mentioned in part three of article 9 of this Law.
Foreign trade information contains the following:
1) on republican and regional foreign trade development programs;
2) on Kyrgyz and foreign entities that carry out foreign trade activity in the market of the Kyrgyz Republic;
3) on Kyrgyz and foreign entities that obtained licenses;
4) on Kyrgyz and foreign legislations in the sphere of foreign trade activity;
5) on activity of trade representations of the Kyrgyz Republic abroad;
6) on activity of state specialized Kyrgyz export – import bank and other organizations providing crediting and insurance services in the sphere of foreign trade activity;
7) on customs statistics in the Kyrgyz Republic;
8) on current situation on foreign markets for the main groups of goods;
9) on legal acts of the Kyrgyz Republic related to standardization and certification;
10) on offences in the sphere of foreign trade activity;
11) on the lists of goods prohibited for importation to the territory of the Kyrgyz Republic and exportation from its territory;
12) other information useful for foreign trade activity.
Executive body of the Kyrgyz Republic mentioned in part three of article 9 of this Law should on paid basis provide necessary information related to foreign trade within reasonable timeframe to Kyrgyz or foreign entity that performs foreign trade activity.
Article 22. Measures promoting foreign trade activity development
The Government of the Kyrgyz Republic within its competence and in the person of its executive body should implement measures in accordance with the international obligations of the Kyrgyz Republic, including required funding, promoting foreign trade activity development, including:
1) elaboration of foreign trade y development programs, provided for by the article 20 of this Law;
2) provision of credits to foreign trade operators;
3) enabling functioning of guarantees and insurance systems for export credits;
4) organization of trade fairs and exhibitions, specialized symposiums and conferences and participation in them;
5) running advertisement campaigns and campaigns intended for the development of goods and services export;
6) creation of foreign trade information system and information consulting units, as well as implementation of other forms of promotion and stimulation of foreign trade activity.
Article 23. Insurance in foreign trade activity
Services related to insurance in foreign trade activity on the territory of the Kyrgyz Republic should be made in accordance with the Law on insurance activity in the Kyrgyz Republic.
The state may take part in the system of export credits insurance to promote export.
Insurance from commercial risks in foreign trade activity should be made on voluntary basis based on insurance agreements with Kyrgyz and foreign insurers (legal entities.
Article 24. Foreign trade statistics
The Government of the Kyrgyz Republic, the National Statistical Committee of the Kyrgyz Republic together with the National Bank of the Kyrgyz Republic should create the system of statistical reporting, collection and development of statistical data comparative internationally:
1) on foreign trade of the Kyrgyz Republic based on state statistical reporting and customs statistics of the Kyrgyz Republic, including balance of payments of the Kyrgyz Republic;
2) on balance of payments of the Kyrgyz Republic, including statistics of import, export of goods, services, capital, securities, receiving and service of the loans.
The Government of the Kyrgyz Republic, the National Statistical Committee of the Kyrgyz Republic together with the National Bank of the Kyrgyz Republic should provide for monthly, quarterly and annual official publication of statistical data, indicated in item 1 of part one of this article.
Article 25. Association facilitating foreign trade activity development
Legal entities of the Kyrgyz Republic - foreign trade operators may on voluntary basis unite in associations or other unions based on industrial, territorial, or other principles.
Associations of legal entities of the Kyrgyz Republic - foreign trade operators should be established to enable protection of interests of the members of associations, representation of their common interests, enhancement effectiveness and regulating export and import, to avoid unfair competition, ensure development and strengthening of foreign trade links with foreign entities and associations.
Using associations for monopolization and division of domestic market, restriction of competition for those foreign trade operators that are not members of associations, any form of discrimination towards Kyrgyz and foreign entities depending on affiliation with the associations, as well as use of such associations for restriction of business practice on external market should be prohibited.
Establishment and operation of the above-mentioned associations should be implemented in accordance with the procedures provided for by the Civil Code of the Kyrgyz Republic.
Article 26. Representations of foreign legal entities in the Kyrgyz Republic
Foreign legal entities should be entitled to open their representations in the Kyrgyz Republic to conduct foreign trade activity on behalf of only these foreign legal entities observing the laws and other legal acts of the Kyrgyz Republic.
Chapter VI
Interstate relations in the sphere of foreign trade activity
Article 27. Providing favorable conditions for access to external markets
The Government of the Kyrgyz Republic should undertake measures to create favorable conditions for access of Kyrgyz entities to the markets of other countries, in particular, with this purpose joining bilateral agreements, as well as taking part in establishment and operation of the international organizations and inter-governmental committees called to promote development of trade – economic links between the Kyrgyz Republic and foreign countries.
Article 28. The representations of the Kyrgyz Republic on trade – economic matters in foreign countries
The representations of the Kyrgyz Republic on trade – economic matters (hereinafter referred to as trade representations of the Kyrgyz Republic) in foreign countries should operate based on the international agreements of the Kyrgyz Republic.
The trade representations of the Kyrgyz Republic should be governmental agencies that represent interests of the Kyrgyz Republic on foreign trade activity matters and providing their protection in the countries of their stay.
Refusal to provide information and consulting services to Kyrgyz foreign trade operators by trade representations, in particular based on ownership form, place of registration, size of statutory capital should be prohibited.
Article 29. The representations of foreign countries on trade – economic matters in the Kyrgyz Republic
The representations of foreign countries on trade – economic matters should be established in the Kyrgyz Republic based on international agreements concluded between the Kyrgyz Republic and the relevant foreign states.
Chapter VII
Protection of economic interests of the Kyrgyz Republic, local formations and entities and individuals of the Kyrgyz Republic in the sphere of foreign trade activity
Article 30. Response measures in the sphere of foreign trade activity on protection of economic interests of the Kyrgyz Republic, local formations and entities of the Kyrgyz Republic
In case if foreign state undertakes measures that violate economic interests of the Kyrgyz Republic, local formations, legal entities or citizens of the Kyrgyz Republic, or political interests of the Kyrgyz Republic, as well as in case of failure to fulfill international obligations before the Kyrgyz Republic in accordance with international agreements, the Government of the Kyrgyz Republic should be entitled to introduce response measures in the sphere of foreign trade activity within the limits required to effectively protect economic interests of the Kyrgyz Republic, local formations, legal entities and citizens of the Kyrgyz Republic.
Chapter VIII
Control over the implementation of foreign trade activity, responsibility for violation of the legislation of the Kyrgyz Republic on foreign trade activity
Article 31. Control over the implementation of foreign trade activity
Control over the implementation of foreign trade activity should be carried out by the relevant public administration bodies of the Kyrgyz Republic within their competence with the purpose to enforce observance of the provisions of this Law, other laws and other regulatory and legal acts of the Kyrgyz Republic on foreign trade activity, enabling protection of economic and political interests of the Kyrgyz Republic, as well as protection of political interests of local formations of the Kyrgyz Republic.
Article 32. Responsibility of the individuals guilty of the violation of the legislation on foreign trade activity
Persons found guilty of the violation of the legislation of the Kyrgyz Republic on foreign trade activity should be brought to civic - legal, administrative or criminal account in accordance with the legislation of the Kyrgyz Republic.
Article 33. On effectiveness of this Law
1. This Law should take effect after 10 days from the date of its publication.
Published in “Erkin-Too” newspaper as of July 9, 1997 N 52-53.
2. To repeal the Law of the Republic of Kyrgyzstan “On general principles of foreign economic activity of the Republic of Kyrgyzstan” (Bulletin of the Supreme Council of the Republic of Kyrgyzstan, 1991, N 8, Article 251).
3. The Government of the Kyrgyz Republic should bring its regulatory and legal acts in line with this Law.
The President of the Kyrgyz Republic | A.Akayev | |
Adopted by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic | June 24, 1997 |