The law of the Kyrgyz Republic on export control

THE LAW OF THE KYRGYZ REPUBLIC

Bishkek, as of January 23, 2003 #30

On export control

(As amended by the Laws of the Kyrgyz Republic as of April 28, 2008 N 73, October 5, 2011 N 161)

This Law establishes principles of public policy implementation, legal framework for activity of public administration bodies of the Kyrgyz Republic and traders in the sphere of export control, as well as defines their rights, duties and responsibilities in this sphere.

Chapter 1
General provisions

Article 1. The main definitions

For the purpose of this Law, the following main definitions are used:

Foreign economic activity - foreign commerce, investment and other activity, including industrial cooperation in the sphere of exchange of commodities and materials, equipment and technologies, scientific and technical information, works and services, results of intellectual activity, to include exclusive rights thereon (intellectual property rights);

Controlled products – the types of commodities and materials, equipment and technologies, scientific and technical information, works and services, dual-use items and the results of intellectual activity, included into the National control list of the Kyrgyz Republic, which may be used upon manufacturing weapon of mass destruction and weapon delivery vehicles along with other types of armament and military equipment;

Dual-use items – products or goods that are intended for peaceful use, but that may be used upon creation of nuclear, chemical or bacteriological (biological) weapon of mass destruction and weapon delivery vehicles along with other types of armament and military equipment;

Export and import – exportation and importation of controlled products from (to) the territory of the Kyrgyz Republic;

Reexport – exportation of controlled products produced beyond the country and exported to the territory of the Kyrgyz Republic;

Transit – transportation of controlled products through the territory of the Kyrgyz Republic under customs control;

Nuclear and special non-nuclear materials – materials defined as such in accordance with international norms and rules on non-proliferation of nuclear weapon;

Export control – a set of measures that enable implementation of procedures for foreign trade activity in relation to controlled products provided for by this Law and other normative and legal acts issued by the Government of the Kyrgyz Republic;

Foreign trade operators (traders) – legal entities and natural persons of the Kyrgyz Republic registered in accordance with established procedure, as well as foreign legal entities and natural persons, which legal capacity is defined by the law of foreign country and which perform foreign trade activity in accordance with the legislation of the Kyrgyz Republic;

In-house export control program – measures of organizational, administrative, informational and other character implemented by the enterprises and organizations to observe export control rules;

Weapon of mass destruction - nuclear, chemical and bacteriological (biological) weapon;

Weapon delivery vehicles - missiles, pilot and pilotless aircrafts, air defense missile systems and artillery systems capable to deliver weapon of mass destruction;

Authorized body – public administration body of the Kyrgyz Republic that has relevant authorities in the sphere of export control;

State expert examination – a set of measures on verification and analysis of documentation and information related to foreign trade transactions with controlled products in order to establish its compliance with the international obligations of the Kyrgyz Republic, its public interests and environmental safety requirements.

Article 2. The scope of this Law

This Law regulates relations between public administration bodies of the Kyrgyz Republic and foreign trade operators while implementing export control.

The force of this Law covers foreign trade activity in relation to controlled products on the entire territory of the Kyrgyz Republic.

Export control for armament and military equipment, as well as for scientific and technical information, works and services, results of intellectual activity, to include exclusive rights thereon (intellectual property rights), which are the products intended for military use should be implemented in accordance with the legislation and other normative and legal acts of the Government of the Kyrgyz Republic in the sphere of military-technical cooperation.

Article 3. The legislation of the Kyrgyz Republic in the sphere of export control

The legislation in the sphere of export control is based on the Constitution of the Kyrgyz Republic and consists of this Law, other laws of the Kyrgyz Republic and normative and legal acts of the Government of the Kyrgyz Republic and in accordance thereof.

Matters of export control should be in exclusive jurisdiction of the Kyrgyz Republic.

Article 4. Purposes of export control

The main purposes of export control are:

Protection of interests of the Kyrgyz Republic;

Implementation of the requirements of international agreements signed by the Kyrgyz Republic in the sphere of non-proliferation of weapon of mass destruction and weapon delivery vehicles, as well as in the sphere of export, import, reexport and transit of controlled products;

Creation of conditions to integrate economy of the Kyrgyz Republic into global economy.

Article 5. Principles of public policy of the Kyrgyz Republic in the sphere of export control

Public policy in the sphere of export control is a part of domestic and foreign policy of the Kyrgyz Republic and is implemented exclusively to provide security of the state, its political, economic and military interests.

Public policy of the Kyrgyz Republic in the sphere of export control is formed in accordance with the following main principles:

Legality, openness and accessibility of the information on export control, as well as the information on procedures, rules, objectives, tasks and principles of export control system functioning and responsibility for violation of normative and legal acts of the Kyrgyz Republic on export control;

Enabling priority of national interests and security of the Kyrgyz Republic upon implementation of export control;

Good conscience while observing the international obligations of the Kyrgyz Republic in the sphere of non-proliferation of weapon of mass destruction and weapon delivery vehicles, as well as in the sphere of export, import, reexport and transit of controlled products;

Implementation of state control over transportation of controlled products on the territory and across the state border of the Kyrgyz Republic;

Interaction with the international organizations and foreign countries in the sphere of export control with the objective to enhance international security and stability, and to prevent proliferation of weapon of mass destruction and weapon delivery vehicles.

Article 6. The National control list of the Kyrgyz Republic

The National control list of the Kyrgyz Republic for controlled products should be approved by the Government of the Kyrgyz Republic upon agreement by the relevant committee of the Parliament of the Kyrgyz Republic.

See:

The Resolution of the Government of the KR as of April 2, 2014 N 197 “On approval of the National control list of controlled products of the Kyrgyz Republic”

Controlled products included into the National control list of the Kyrgyz Republic should be a subject of export control and identification regardless of ownership forms, origin and time of production. Identification should be a responsibility of foreign trade operators.

Foreign trade operator should be entitled to entrust the organization, which has received special permission to carry out activities for the identification of controlled goods and technologies (hereinafter - the expert organization) in accordance with the procedure established by the Government of the Kyrgyz Republic to identify controlled goods and technologies by concluding an appropriate agreement with such expert organization. In this case, the responsibility for accuracy and validity of the results of the identification of controlled goods and technologies lies with the expert organization.

(As amended by the Laws of the Kyrgyz Republic as of April 28, 2008 N 73, October 5, 2011 N 161)

Article 7. Methods of export control implementation

Export control in the Kyrgyz Republic should be implemented by means of legal regulation of foreign trade activity that includes:

Establishment of conformity of particular types of commodities and materials, equipment and technologies, scientific and technical information, works and services, dual-use items and the results of intellectual activity that are objects of foreign trade with the products included into the National control list of the Kyrgyz Republic;

Permissive procedures for implementation of foreign trade operations with controlled products ;

Customs control and customs clearance of export, import, reexport and transit of controlled products in accordance with the legislation of the Kyrgyz Republic;

Currency control over the implementation of foreign trade operations with controlled products, including over timeliness and completeness of currency proceeds transfer to authorized banks’ accounts;

Application of state compulsion measures (sanctions) towards those individuals that violated procedures for foreign trade operations with controlled products provided for by this Law, other laws and normative and legal acts of the Kyrgyz Republic, or those who attempted to commit these actions;

Creation of in-house export control programs in the enterprises and organizations that perform scientific and industrial activity to provide defense and security of the Kyrgyz Republic.

See also:

The procedure for issuing permits for transit of the products subject to export control through the territory of the Kyrgyz Republic (approved by the Resolution of the Government of the KR as of May 4, 2004 #330)

Suppress illegal transportation of controlled products over the territory and across the state border of the Kyrgyz Republic;

Request the information from foreign trade operators on the use of controlled products obtained from previous transactions in accordance with the obligations assumed;

Implement interaction with the international organizations, public agencies and non-governmental organizations of foreign countries, as well as facilitate contacts and information sharing between public associations of the Kyrgyz Republic and foreign non-governmental organizations in the sphere of export control;

Undertake supervision and verification of foreign trade operators within its powers and in accordance with the legislation of the Kyrgyz Republic;

Implement other powers within its competence in the sphere of export control.

(As amended by the Laws of the Kyrgyz Republic as of April 28, 2008 N 73, October 5, 2011 N 161)

Article 9. Responsibilities of foreign trade operators on provision of the information and the responsibilities of authorized bodies in relation to the information provided

Foreign trade operators should:

Maintain records of foreign trade transactions made with controlled products and submit the documents, explanations and other information upon request of authorized bodies to enable them to perform functions and address tasks provided for by this Law and other normative and legal acts of the Government of the Kyrgyz Republic in the sphere of export control;

Be accountable for reliability of the information submitted to authorized bodies for the purpose of export control.

Authorized bodies should use the information provided by foreign trade operators exclusively for the purpose of export control.

The information constituting State secret, commercial secret, or other information protected by the legislation of the Kyrgyz Republic, as well as confidential information should not be disclosed and should not be used by officials of authorized bodies for personal ends, disclosed to third parties, excepting cases provided for by the legislation of the Kyrgyz Republic.

Article 10. Requirements for foreign trade transactions with controlled products

Foreign trade transactions that imply transfer of controlled products to foreigners should be made upon the availability of end user certificate and written obligation of the foreigner stating that the above products would not be used for manufacturing of weapon of mass destruction and weapon delivery vehicles.

Traders should be prohibited to conclude and make foreign trade transactions with controlled products provided that they have sound knowledge that this product would be used by foreign country or by a foreigner for the purpose of manufacturing weapon of mass destruction and weapon delivery vehicles.

In order to protect national interests and implement international obligations, bans and restrictions may be introduced in the Kyrgyz Republic for foreign trade activity in relation to controlled products up to placing embargo towards foreign countries in case of violation of the obligations given to the Kyrgyz Republic, as well as in accordance with the decisions of the international organizations, where the Kyrgyz Republic is a party.

Bans and restrictions for foreign trade activity with controlled products established in relation to certain states coming from the interests of security should be introduced by the laws of the Kyrgyz Republic.

Bans and restrictions for foreign trade activity with controlled products established in accordance with the international obligations of the Kyrgyz Republic should be introduced by the Decrees of the President of the Kyrgyz Republic.

Bans and restrictions for foreign trade activity with controlled products established towards certain foreign citizens occupied with the type of activity that is not in line with the principles of non-proliferation of weapons of mass destruction and weapon delivery vehicles should be introduced by the Resolutions of the Government of the Kyrgyz Republic.

Article 11. Licensing of foreign trade operations with controlled products

Foreign trade operations that involve import, export and reexport of controlled products should be a subject of mandatory licensing.

Licensing of these operations, as well as its principles and procedures should be implemented in accordance with the legislation of the Kyrgyz Republic.

Article 12. . State expert examination of foreign trade transactions

Foreign trade transactions that involve import, export and reexport of controlled products should be a subject of mandatory state expert examination that should be performed by the state authorized bodies.

Procedures and conditions of the state expert examination should be defined in accordance with the legislation and normative and legal acts of the Government of the Kyrgyz Republic.

Chapter 3
International cooperation in the sphere of export control

Article 13. Objectives and forms of the international cooperation in the sphere of export control

International cooperation of the Kyrgyz Republic in the sphere of export control should be implemented with the following objectives:

Coordinate efforts and interaction with foreign countries to prevent proliferation of weapon of mass destruction, weapon delivery vehicles and technologies for their creation;

Facilitate establishment of stable and secure system of international relations;

Create favorable conditions to integrate economy of the Kyrgyz Republic into global economy on equal and mutually beneficial basis;

Intensify participation of the Kyrgyz Republic in the international exchange of all types of controlled products and to broaden opportunities for access of traders to global market;

Improve the international and domestic export control mechanisms, identify facts of violations of normative and legal acts of the Kyrgyz Republic in the sphere of export control, as well as the enterprises, organizations and traders who committed these violations.

International cooperation of the Kyrgyz Republic in the sphere of export control should be implemented by means of its participation in the international export control regimes and international forums, as well as in the negotiations, consultations with foreign countries, mutual information exchange and in the implementation of joint programs and other measures in the sphere of export control on bilateral and multilateral basis.

Participation of the Kyrgyz Republic in the international sanctions related to export control towards one country or several countries and implementation of these sanctions should be defined by the legislation of the Kyrgyz Republic based on the international law. In some instances the Kyrgyz Republic may apply such sanctions unilaterally.

Since the moment of international sanctions announcement the Kyrgyz Republic should not compensate damage caused to the traders.

Chapter 4
Responsibility for violation of the legislation of the Kyrgyz Republic in the sphere of export control

Article 14. Violation of the legislation of the Kyrgyz Republic in the sphere of export control

The following should be considered as the violations of the legislation of the Kyrgyz Republic in the sphere of export control:

Performing of unapproved foreign trade transactions on import, export, reexport of controlled products, as well as its transit through the territory of the Kyrgyz Republic without due permit;

Producing false documents or documents that contain not authentic information for performing foreign trade operations with controlled products to public administration bodies;

Failure to perform or undue performance of instructions of authorized bodies;

Creating obstacles for performing functions of authorized bodies’ officials implementing their powers in the sphere of export control;

Unjustified refusal to provide the information requested by authorized bodies for the purpose of export control implementation, its intended distortion or hiding;

Violation of established procedures for recording foreign trade transactions with controlled products;

Engaging in activities incompatible with the requirements of the international agreements that came into force in accordance with established legal procedure to which the Kyrgyz Republic is party.

(As amended by the Law of the Kyrgyz Republic as of October 5, 2011 N 161)

Article 15. Responsibility for the violation of the legislation of the Kyrgyz Republic in the sphere of export control

Traders found guilty of the violation of the Law of the Kyrgyz Republic “On export control” should be brought to account in accordance with the legislation of the Kyrgyz Republic.

Article 16. On enactment of this Law

This Law should take effect after 30 days from the date of its publication.

The Government of the Kyrgyz Republic during two months period should:

Submit proposals to the Parliament of the Kyrgyz Republic on bringing the legislative acts of the Kyrgyz Republic in line with this Law;

Bring its normative and legal acts in line with this Law.

The President of the Kyrgyz Republic		Akayev

Adopted by the Legislative Assembly of the Parliament of the Kyrgyz Republic		December 27, 2002