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Kyrgyzstan:  Export Control System

Parts of this report were originally prepared by the Center for Nonproliferation Studies of the Monterey Institute of International Studies in January 1998 under a grant from the United States Department of Energy's Office of Nonproliferation and Arms Control.  The views expressed in this report are those of the authors alone, and do not necessarily represent the views of the Department of Energy or the United States Government. 

Overview
Administrative Bodies
Export Control Legislation
International and Bilateral Agreements
Export Control Developments

OVERVIEW

The major proliferation threat posed by Kyrgyzstan is due to its location.  Its proximity to India, Pakistan, Iran, and Iraq to the south and west, and to Kazakhstan and Russia in the north raises the concern that Kyrgyzstan could serve as a transshipment point for sensitive materials.[1]

Kyrgyzstan itself produces little that could be used to create nuclear weapons.  Kara-Balta Ore Mining Combine in northern Kyrgyzstan produces U₃O₈ (yellowcake) from Kazakhstani ore.  The Kyrgyz Chemical Metallurgical plant in Orlovka produces thorium, zirconium, scandium, and other rare earth metals.[2]

As early as 1992, the Kyrgyzstani government passed resolutions to address nonproliferation export controls.  Decree No. 55 of February 1996 assigns responsibility for granting export licenses to the Ministry of External Trade and Industry.[3]  In June 1997, the Kyrgyzstani Zhogorku Kenesh (parliament) passed a law, On State Regulation of Foreign Economic Activity, that provides a broad legal foundation for export controls.  In June 2000, a comprehensive export control bill was approved by the Cabinet of Ministers and sent to the Zhogorku Kenesh for consideration.[4]  After some minor modifications, the bill is expected to be signed into law in fall 2001.  Under the new bill, the Kyrgyzstani Ministry of Defense will be the executive body for Kyrgyzstan's export control system, with the authority to grant licenses and create regulations.[5]

According to a Kyrgyzstani Ministry of Defense official, Kyrgyzstan, in practice, has a very underdeveloped export control system.  Since 1996, the Ministry of External Trade and Industry has issued only one or two export licenses each year and has not created the necessary regulations needed to fully implement an effective export control system.[5]  As in many southern tier countries, Kyrgyzstan does not have enough qualified personnel to focus on export controls and effectively implement the laws and regulations that are in place.  In addition, Kyrgyzstan has an ineffective system of border controls, a system that is being upgraded through foreign assistance from both Russia and the United States.  In June 2000 Russia struck a deal with Kyrgyzstan in which the former agreed to upgrade the latter's border control equipment in exchange for Kyrgyzstan's participation in a three-way uranium venture with Russia and Kazakhstan.[6]  In 2000 the United States provided Kyrgyzstan with $2.99 million worth of border control equipment and training as part of a multi-year $5.49 million assistance program.[7]

Kyrgyzstan has been involved in negotiations over a transit agreement between the southern tier countries (Armenia, Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan).  The agreement would harmonize the export control procedures of participating countries to a) facilitate the transit of authorized goods; b) reinforce control over the movement of controlled goods; and c) stop the transit of unauthorized shipments.[8]

ADMINISTRATIVE BODIES

The Cabinet of Ministers is responsible for developing export control policy and for establishing lists of goods and services subject to export and import control.

The Export Control Commission was established in response to Kyrgyzstan's perceived obligations under the 1992 Minsk Accord on CIS Export Control Coordination.  The commission was created on paper only, and it is not functioning in practice.[9]

The Ministry of External Trade and Industry is responsible for issuing export licenses.  However, license applications are also reviewed by the government as well by as other interested ministries and agencies.  Other government bodies that play a key role in the development and implementation of export controls include the Department of International Organizations of the Ministry of Foreign Affairs, the Ministry of Internal Affairs, the Customs Committee, and the Border Guards.

A new export control bill expected to pass into law in autumn 2001 will transfer licensing authority to the Kyrgyzstani Ministry of Defense.[5]

EXPORT CONTROL LEGISLATION

Bill on Export Control, 16 June 2000
The Cabinet of Ministers approved a bill on export control on 16 June 2000 and sent it to the Zhogorku Kenesh for review.  The Zhogorku Kenesh is expected to approve the bill in autumn 2001.[5] The bill defines the responsibilities of the government in terms of developing and implementing the export control system, lists controlled items, outlines regulations governing the re-export of controlled goods, and provides for pre-shipment and end-user inspections by state bodies.  For more information, see the full-text version of the bill in Russian and an unofficial English translation.[4]

Law on Government Regulation of Foreign Economic Activity in the Kyrgyz Republic, 24 June 1997
This law provides a broad legal foundation for state regulation of foreign economic activity in general, and is not a comprehensive export control law per se.  The stated goal of the law is to ensure the economic security of the Kyrgyz Republic.  However, nonproliferation export controls are addressed broadly in Article 13.  Article 13 states an export control system is in place to defend national interests and to fulfill the international obligations of the Kyrgyz Republic regarding the nonproliferation of weapons of mass destruction and other types of weapons.

The types of items that fall under export controls are listed as follows: "arms, military technology, certain types of raw materials, materials, equipment, technologies, scientific-technical information, and services that could be used in the production of weapons of mass destruction, missile delivery systems, and other forms of weapons outlined in lists that are established by decree of the President of the Kyrgyz Republic and presented by the Government of the Kyrgyz Republic."[10] (For more information, please see the full-text version of the Law in Russian or the English translation of excerpts from the Law.)

According to one Kyrgyzstani specialist, the transit of sensitive materials across the territory of the Kyrgyz Republic is provided for in federal legislation on export controls and licensing procedures.

Government Decree No. 56 
This decree calls for the coordination of export control activities between Kyrgyzstan, Belarus, Kazakhstan, and the Russian Federation.  The resolution was passed as a result of the Customs Union between the above-mentioned countries, which proposes the creation of a single system for the classification of exported or imported materials, goods, and services.[11]

Government Decree No. 55, 6 February 1996, On Approving the Procedures for the System of Exporting and Importing Materials and Technologies that could be used to Create a Chemical, Missile, or Nuclear Weapon[12]
Decree No. 55 assigns responsibility for issuing licenses to the Ministry of External Trade and Industry.  According to the decree, prior to approval of an export license, input shall be sought from six sources:  the State Customs Inspectorate; the Department of Science and New Technologies; and the Ministries of Foreign Affairs, Internal Affairs, Defense, and Health.  According to experts, however, this procedure has not been followed in practice.  Decree No. 55 expands on control lists originally contained in Decree 121.  The lists include weaponry, military technology, explosives, nuclear materials, machine tools, and radioactive isotopes.  The decree also states that licenses are required for materials, equipment, and technologies designed for peaceful applications but which could also be used to produce missiles, and nuclear, biological, and chemical weapons.[3]  

Government Decree No. 408, 13 June 1994, On Approving the Procedures for the System of Licensing the Export and Import of Goods in the Kyrgyz Republic[12]

Government Decree No. 121, 19 March 1993, On Issues Related to the Export Control of Raw Materials, Materials, Equipment, Technology, and Services used to Create Weapons of Mass Destruction and Missile Delivery Systems
This decree approved the Statute of the Commission on Export Controls, thus implementing Government Decree No. 537.  It also approved the export control lists of materials, equipment, technologies, and services that could be used in the creation of a weapon of mass destruction, and called upon the Customs Inspectorate to establish procedures for an export-import control regime.  The export control list consists of five fairly detailed sections:

• Dual-use materials, equipment, technology, and services used in the creation of weapons of mass destruction and missile delivery systems;
• Delivery systems for nuclear weapons;
• Dual-use nuclear exports. (There is some overlap between items on the first list and this list. This second list appears to be more detailed);
• Chemical materials;
• Biological materials. (This last list is somewhat curious, as it is called an "approximate" or "sample" list.)[13]

Government Decree No. 537, 3 November 1992, On the Creation of a Commission on the Export Control of Raw Materials, Materials, Equipment, Technology, and Services used to Create Weapons of Mass Destruction and Missile Delivery Systems
Decree No. 537 creates a Commission for Export Controls comprised of government officials from the following agencies:  the President's Office; the Committee for Science and New Technologies; the Committee for National Security; and the Ministries of Foreign Affairs, Industry, Internal Affairs, Trade, Agriculture, and Health.[3]

According to the Statute of the Export Control Commission, its main functions are as follows:
a) Prevention of the proliferation of weapons of mass destruction by controlling the export of items that could be used in the creation of a weapon of mass destruction, or that could be used in regional conflicts or terrorist acts;
b) Cooperation with analogous organizations in foreign countries on export controls issues;
c) Exchange of information regarding exports with analogous organizations in the NIS;
d) Implementation of export controls through the establishment of licensing and customs control in accordance with international recommendations;
e) Distribution of control lists to enterprises and scientific technical organizations that conduct foreign economic activity, as well as to other state organizations responsible for implementing controls, such as the national security services;
f) Prevention of the re-export from Kyrgyzstan of items on the control lists unless written permission has been obtained from the relevant state organization in the country where the item was produced.

INTERNATIONAL AND BILATERAL AGREEMENTS

On 26 June 1992, Kyrgyzstan became a signatory to the Minsk Accord on CIS Export Control Coordination.  In this agreement, the States-Parties agreed to create national export control systems, coordinate their efforts to control exports of materials used in the production of weapons of mass destruction, and create uniform control lists based on existing international export control regimes.[14]  As has been the case with many multilateral agreements between CIS countries, however, very little has been done to implement this early attempt to coordinate CIS export control policy.[15]

Kyrgyzstan signed the Chemical Weapons Convention on 22 February 1993 and acceded to the Nuclear Nonproliferation Treaty on 5 July 1994.  On 29 March 1996, Kyrgyzstan joined the Customs Union with Belarus, Kazakhstan, and Russia.  The Union was renamed the Eurasian Economic Community in October 2000.  On 6 May 1996 Kyrgyzstan and Kazakhstan signed a Protocol on a Free Trade Agreement, which specifies that only drugs, arms, and dual-use commodities will be controlled along the borders of the two countries.[16]  On 10 October 1996 Kyrgyzstan signed the Comprehensive Test Ban Treaty.

For general information on international organizations and nonproliferation, please see the NIS Nuclear Profiles International Organization and Treaty Tables.
Sources:
[1] Cassady B. Craft, Suzette R. Grillot, Liam Anderson, "The Dangerous Ground:  Nonproliferation Export-Control Development in the Southern Tier of the Former Soviet Union," Problems of Post-Communism, Vol. 47, No. 6, November/December 2000, pp. 39-51.
[2] NISNP Interview with Kyrgyzstani National University Physicist, September 1994.
[3] Liam Anderson, "Export Controls in Central Asia," Center for International Trade and Security Web Site, http://www.uga.edu/cits.
[4] Postanovleniye pravitelstva Kyrgyzskoy Respubliki, O proyekte Zakona Kyrgyzskoy Respubliki "Ob eksportnom kontrole," 16 June 2000, Laws of the Kyrgyz Republic Web Site, http://www.law.gov.kg.
[5] NISNP Interview with Kyrgyzstani Ministry of Defense Official, 11 June 2001, KYR010611.
[6] Vladimir Kucherenko, Rossiyskaya gazeta, 23 December 2000, p. 7; in "Russian Radars for Kyrgyzstani uranium Facilities," FBIS Document CEP20001222000217
[7] Kabar, 8 February 2001; in "US security experts discuss border security in Kyrgyzstan," FBIS Document CEP20010208000327.
[8] Center for Nonproliferation Studies NIS Representative Office Weekly Memo, 15 May 2001.
[9] Discussion with Kyrgyzstani Foreign Ministry Official, February 1998.
[10] Law on State Regulation of Foreign Economic Activity in the Kyrgyz Republic, 24 June 1997, Russian-language version, provided by Kyrgyzstani Foreign Ministry Official.
[11] CNS Correspondence with Kyrgyzstani Nonproliferation Specialist, May 1997.
[12] Discussion with Analyst from the Kyrgyz Institute of Strategic Studies, Summer 1996.
[13] Government Decree No. 121, 19 March 1993, On Issues Related to the Export Control of Raw Materials, Materials, Equipment, Technology, and Services Used in the Creation of Weapons of Mass Destruction or Missile Delivery Systems, Russian-language version.
[14] Minsk Accord on CIS Export Control Coordination, Russian-language version.
[15] Sergei Ryabikin, "Representatives of CIS States Discuss Export Control Over Products Used for the Creation of Mass Destruction Weapons," RIA Novosti Hotline, 29 October 1997.
[16] Vladimir Semiryaga, "Customs Union Nations Differ Over Common Position at Talks to Join WTO," RIA News Agency, 24 February 1998.{Updated 5/17/2001, 6/18/2001 KB}

Page last updated 18 June 2001
For more recent developments, see the Export Control Developments file.

Comments or questions? Contact Kenley Butler at MIIS CNS: Kenley.Butler@miis.edu

This material is produced independently for NTI by the Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2002 by MIIS.

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