THE LAW
OF THE KYRGYZ REPUBLIC
About export control
(In edition of KG Law from April, 28th, 2008 N 73)
Chapter 1. General provisions
Chapter 2. Legal bases of the organization of the export control
Chapter 3. The international cooperation in the field of the export control
Chapter 4. A legislation Liability of infringement
The Kyrgyz Republic in the field of the export control
The present Law establishes principles of realization of a state policy, legal bases of activity of state bodies of the Kyrgyz Republic and participants of foreign trade activities in the field of the export control, and also defines their rights, a duty and responsibility in this area.
Chapter 1
General provisions
Article 1. The basic concepts
For the aims of the Law are used the following basic concepts :
Foreign trade activities - the foreign trade, investment and other activity, including industrial cooperation, in the field of the international exchange of raw materials and materials, the equipment and technologies, the scientific and technical information, works and services, results of intellectual activity, including exclusive rights to them (intellectual property);
Controllable production - kinds of raw materials and materials, the equipment and technologies, the scientific and technical information, works and services, production of double appointment and results of the intellectual activity, included in the National control list of the Kyrgyz Republic and which can be used at creation of weapons of mass destruction, means of its delivery, other kinds of arms and a military technology;
Dual - use goods - productions or the goods which have a peaceful purpose, but can be used at creation of nuclear, chemical and bacteriological (biological) weapons of mass destruction, means of its delivery, other kinds of arms and a military technology;
Export and import - export and import of controllable production with in) territory () the Kyrgyz Republic;
Re-exports - export of the controllable production made outside of the country and imported on territory of the Kyrgyz Republic;
Transit - moving of controllable production under the customs control through territory of the Kyrgyz Republic;
Nuclear and special non-nuclear materials - the materials defined by those according to requirements of the international norms and rules about non-distribution of the nuclear weapon;
The export control - a series of measures, providing realization established by the present Law and other standard legal certificates of the Government of the Kyrgyz Republic of a procedure of foreign trade activities concerning controllable production;
Participants of foreign trade activities - legal, the physical persons of the Kyrgyz Republic registered when due hereunder, and also foreign legal, physical persons, civil правоспособность which it is defined by the right of the foreign state and which carry out foreign trade activities according to the legislation of the Kyrgyz Republic;
The inter-company program of the export control - the actions of organizational, administrative, information and other character which are carried out by the enterprises and the organizations with a view of observance of rules of the export control;
Weapons of mass destruction - the nuclear, chemical and bacteriological (biological) weapon;
Delivery systems - the rockets piloted and pilotless flying machines, surface-to-air missile systems and the artillery systems, capable to deliver weapons of mass destruction;
The authorized body - the state body of the Kyrgyz Republic having corresponding powers in the field of the export control;
State expert appraisal - a series of measures on check, the analysis of documents and the information, concerning the external economic transactions with controllable production with a view of definition of its conformity to the international obligations of the Kyrgyz Republic, its state interests and requirements of ecological safety.
Article 2. Sphere of application of the present Law
The present Law regulates relations of state bodies of the Kyrgyz Republic and participants of foreign trade activities at realization of the export control.
Action of the present Law extends on foreign trade activities concerning controllable production in all territory of the Kyrgyz Republic.
The export control concerning arms and a military technology, and also the scientific and technical information, works and services, results of intellectual activity, including exclusive rights to them (intellectual property) which are military goods, is carried out according to the legislation and other standard legal certificates of the Government of the Kyrgyz Republic in the field of military-technical cooperation.
Article 3. The legislation of the Kyrgyz Republic in export control area
The legislation in the field of the export control is based on the Constitution of the Kyrgyz Republic and consists of the present Law, other laws of the Kyrgyz Republic and other standard legal certificates of the Government of the Kyrgyz Republic accepted according to them.
Questions of maintenance of the export control are in exclusive conducting the Kyrgyz Republic.
Article 4. The purposes of the export control
Main objectives of the export control are:
Protection of interests of the Kyrgyz Republic;
Realization of requirements of the international contracts of the Kyrgyz Republic in the field of non-distribution of weapons of mass destruction, means of its delivery, and also in the field of the control over export, import, re-export and transit of controllable production;
Creation of conditions for integration of economy of the Kyrgyz Republic into economic.
Article 5. Principles of a state policy of the Kyrgyz Republic in export control area
The state policy in the field of the export control is a part internal and foreign policy of the Kyrgyz Republic and is carried out exclusively with a view of safety of the state, its political, economic and military interests.
The state policy of the Kyrgyz Republic in the field of the export control is formed according to following main principles:
Legality, publicity and availability of the information concerning the export control, and also the information on an order, rules, the purposes, problems and principles of functioning of system of the export control and measures of a liability of infringement of standard legal certificates of the Kyrgyz Republic about the export control;
Maintenance of a priority of national interests and safety of the Kyrgyz Republic at realization of the export control;
Conscientiousness of performance of the international obligations of the Kyrgyz Republic in the field of non-distribution of weapons of mass destruction, means of its delivery, and also in the field of the control over export, import, re-export and transit of controllable production;
Realisation of the state control over moving of controllable production in territory and through frontier of the Kyrgyz Republic;
Interaction with the international organisations and the foreign states in the field of the export control with a view of strengthening of the international safety and stability, prevention of distribution of weapons of mass destruction and means of its delivery.
Article 6. The national control list of the Kyrgyz Republic
The national control list of the Kyrgyz Republic of controllable production is defined by the Government of the Kyrgyz Republic and affirms the Decree of the President of the Kyrgyz Republic.
The controllable production included in the National control list of the Kyrgyz Republic, is subject to the export control and identification irrespective of patterns of ownership, a place of an origin and time of its manufacture. Identification carrying out is a duty of participants of foreign trade activities.
(In edition of KG Law from April, 28th, 2008 N 73)
Article 7. Methods of realization of the export control
The export control in the Kyrgyz Republic is carried out by means of legal regulation of the foreign trade activities, including:
Establishment of conformity of concrete kinds of raw materials and materials, the equipment and technologies, the scientific and technical information, works and services, production of double appointment and the results of intellectual activity which are objects of the external economic operations, to the kinds of production included in the National control list of the Kyrgyz Republic;
Allowing procedure of the external economic operations with controllable production;
The customs control and customs registration of export, import, re-export and transit of controllable production according to the legislation of the Kyrgyz Republic;
The currency control over realisation of the external economic operations with controllable production, including behind timeliness and completeness of receipt of a currency gain into accounts in the authorised banks;
Application of measures of the state compulsion (sanction) concerning the persons who have broken established present Law, other laws and standard legal certificates of the Kyrgyz Republic a procedure of foreign trade activities concerning controllable production or made an attempt to make these actions;
Creation at the enterprises and in the organisations which are carrying out scientific and industrial activity on maintenance of defensibility and safety of the Kyrgyz Republic, intrafirm programs of the export control.
See also:
Position about a procedure of the export control in the Kyrgyz Republic (it is confirmed by governmental order КР from May, 4th, 2004 N 330)
Chapter 2
Legal bases of the organization of the export control
Article 8. Powers of the Government of the Kyrgyz Republic and government bodies in the field of the export control
The government of the Kyrgyz Republic:
Will organize realization of a state policy in the field of the export control, including concerning the international modes of the export control;
Defines according to the present Law and other standard legal certificates of the Government of the Kyrgyz Republic a procedure and the account of foreign trade activities concerning controllable production;
Makes within the competence of the decision on negotiation and signing of the international and intergovernmental contracts in the field of the export control and carries out the control over their execution;
Defines and supervises over activity of the authorized bodies of the Kyrgyz Republic responsible for realization of the export control and authorized transit;
Brings on the statement of the President of the Kyrgyz Republic the National control list of the Kyrgyz Republic of controllable production, and also the offer on quantitative restriction of export, import and re-export of controllable production and the List of the countries in which export of this production is forbidden or limited;
Within the competence carries out other powers in the field of the export control.
State bodies:
Provide execution of the present Law, other laws, standard legal certificates of the Government of the Kyrgyz Republic and the international obligations in the field of the export control;
Develop and submit for consideration the Governments of the Kyrgyz Republic the National control list of the Kyrgyz Republic, the offer on its updating, quantitative restriction of export, import and re-export of controllable production, and also the List of the countries in which export of this production is forbidden or limited;
Prepare the conclusions, spend examination and give out permissions to transit of controllable production, and also carry out survey of controllable production at its shipment from territory of the Kyrgyz Republic;
See also:
Approval procedure on the transit of production which is subject to the export control, through territory of the Kyrgyz Republic (it is confirmed by governmental order КР from May, 4th, 2004 N 330)
Stop illegal moving on territory and through frontier of the Kyrgyz Republic of controllable production;
Request from participants of foreign trade activities the information on use of the controllable production received under earlier perfect transactions, according to the accepted obligations;
Carry out interaction with the international organisations, state structures and the non-governmental organisations of the foreign states, and also promote development of contacts and information interchange between public organisations of the Kyrgyz Republic and the foreign non-governmental organisations in the field of the export control;
Carry out within the competence supervision and check of participants of foreign trade activities according to the legislation of the Kyrgyz Republic;
Carry out within the competence other powers in the field of the export control.
(In edition of KG Law from April, 28th, 2008 N 73)
Article 9. Duties of participants of foreign trade activities
On granting of the information and the authorised bodies
Concerning the given information
Participants of foreign trade activities:
Are obliged to keep account the external economic transactions with controllable production and on request of the authorised bodies to give documents, explanations and other information, necessary for performance of problems by them and the functions provided by the present Law and other standard legal certificates of the Government of the Kyrgyz Republic in the field of the export control;
Bear responsibility for reliability of the information given to authorised bodies for the export control.
The information given by participants of foreign trade activities is used by the authorised bodies exclusively with a view of the export control.
The information making state, commercial and other protected laws of Kyrgyz Republic secret, and also the confidential information should not be disclosed and traded on by officials of the authorised bodies, be transferred to the third parties, except for the cases provided by the legislation of the Kyrgyz Republic.
Article 10. Requirements to the external economic transactions with controllable production
The external economic transactions providing transfer of controllable production to the foreign person should be made in the presence of the certificate of the end user and the written obligation of the foreign person that specified production will not be used with a view of creation of weapons of mass destruction and means of its delivery.
Participants of foreign trade activities are forbidden to conclude, make the external economic transactions with controllable production if they authentically know that given production will be used by the foreign state or the foreign person for creation of weapons of mass destruction and means of its delivery.
With a view of protection of national interests and performance of the international obligations in the Kyrgyz Republic interdictions and restrictions of foreign trade activities concerning controllable production can be established, up to embargo concerning the foreign states in case of infringement of the obligations given to the Kyrgyz Republic by them, and also according to decisions of the international organisations in which the Kyrgyz Republic is the participant.
Interdictions and restrictions of foreign trade activities with the controllable production, established concerning the separate states, proceeding from interests of safety, are entered by laws of the Kyrgyz Republic.
Interdictions and restrictions of foreign trade activities with the controllable production, established according to the international obligations of the Kyrgyz Republic, are entered by decrees of the President of the Kyrgyz Republic.
Interdictions and restrictions of foreign trade activities concerning the controllable production, established concerning the separate foreign persons who are engaged in activity, not compatible to principles of non-distribution of weapons of mass destruction and means of its delivery, are entered by the governmental orders of the Kyrgyz Republic.
Article 11. Licensing of the external economic operations with controllable production
The external economic operations providing export, import and re-export of controllable production, are subject to obligatory licensing.
Licensing of these operations, its principles and order are carried out according to the legislation of the Kyrgyz Republic.
Article 12. State expert appraisal of the external economic transactions
The external economic transactions providing export, import and re-export of controllable production, are subject to state expert appraisal which is spent by the authorised bodies.
Order and state expert appraisal conditions are defined according to the legislation and standard legal certificates of the Government of the Kyrgyz Republic.
Chapter 3
International cooperation in export control area
Article 13. The purposes and forms of the international cooperation in export control area
The international cooperation of the Kyrgyz Republic in the field of the export control is carried out with a view of:
Coordination of efforts and interaction with the foreign states on prevention of distribution of weapons of mass destruction means of its delivery, and also technologies on their creation;
Assistance to formation of stable and safe system of the international relations;
Creations of favorable conditions for integration of economy of the Kyrgyz Republic into economic on an equal in rights and mutually advantageous basis;
Activization of participation of the Kyrgyz Republic in the international exchange of all kinds of controllable production and expansion of possibilities of access of participants of foreign trade activities for the world market;
Perfection of the international and interstate mechanisms of the export control, revealing of the facts of infringements of standard legal certificates of the Kyrgyz Republic in the field of the export control, and also the enterprises, the organisations and the participants of the foreign trade activities who have made these infringements.
The international cooperation of the Kyrgyz Republic in the field of the export control is carried out by means of its participation in the international modes of the export control and the international forums, and also in negotiation, consultations of the foreign states, mutual information interchange and in realisation of joint programs and other actions in the field of the export control on a bilaterial and multilateral basis.
Participation of the Kyrgyz Republic in the international sanctions connected with the export control, concerning one country or of some the countries and realisation of these sanctions are defined by the legislation of the Kyrgyz Republic on the basis of norms of international law. On occasion such sanctions can be accepted by the Kyrgyz Republic unilaterally.
From the moment of the announcement of the international sanctions the Kyrgyz Republic does not pay damages to participants of foreign trade activities.
Chapter 4
Export control law violation
Article 14. Export control law violation
Export control law violation is:
Realisation of unapproved external economic transactions on export, import, re-exports of controllable production, and also its transit through territory of the Kyrgyz Republic without the corresponding permission;
Granting to state bodies of counterfeit documents or the documents containing doubtful data, on realisation of the external economic operations with controllable production;
Default or inadequate execution of instructions of the authorised bodies;
Creation of obstacles for performance by officials of the authorised bodies which are carrying out powers in the field of the export control, the functions;
Unreasonable refusal in granting of the information requested by authorised bodies for the export control, its deliberate distortion or concealment;
Infringement of the established order of the account of the external economic transactions with controllable production.
Article 15. Liability of export control law infringement
The participants of foreign trade activities guilty of infringement of the Law of the Kyrgyz Republic "About the export control", bear responsibility according to the legislation of the Kyrgyz Republic.
Article 16. About introduction in action of the present Law
The present Law comes into force after 30 days from the date of publication.
To the government of the Kyrgyz Republic in two-month term:
To present in Parlament of the Kyrgyz Republic of the offer on reduction of acts of the Kyrgyz Republic to conformity with the present Law;
To bring the standard legal certificates into accord with the present Law.
The president of the Kyrgyz Republic A.Akaev
It is accepted by Legislative Assembly
Parlament of the Kyrgyz Republic on December, 27th, 2002
