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Kyrgyzstan:  Law on Government Regulation of Foreign Economic Activity in the Kyrgyz Republic (excerpts)

 

The following is an unofficial translation.  Click here for the full text in Russian.

Adopted by the Legislative Committee, 24 June 1997

This Law determines the basis for the government regulation of foreign economic activity, the rules for its performance by the persons of the Kyrgyz Republic and foreign persons, and the rights, obligations, and responsibilities of the government agencies of the Kyrgyz Republic in the sphere of foreign economic activity.

CHAPTER 1. GENERAL PROVISIONS

The goals of this Law include: protection of the economic sovereignty and security of the Kyrgyz Republic, stimulation of foreign economic activity, and creation of the conditions for effective integration of the Kyrgyzstani economy.

Article 2. Terms Used in this Law

The following terms are used in this Law:
 
Foreign economic activity -- entrepreneurial activity in the sphere of international exchange of services, information, and the results of intellectual activity, including the exclusive rights to the results of intellectual activity (intellectual property);

Good -- any transferable property (including all types of energy), as well as aircraft and ships that are considered to be immovable assets and are the subject of foreign economic activity. The means of transportation used under an agreement on international transportation shall not be regarded as goods.

Dual-use goods -- raw materials, materials, equipment, technologies, scientific and technical information, and services that are intended for peaceful purposes but can also be used for building weapons and developing military technology;

Services -- entrepreneurial activity intended to satisfy the needs of other persons, except as performed in the context of employment;

Exclusive rights to the results of intellectual activity (intellectual property) -- the exclusive rights to literary, art, and scientific works, computer software and databases, ancillary rights, rights to inventions, industrial samples, usable models, as well as individual descriptions which are regarded as the results of intellectual activity, such as trade names, trademarks, service designations, and other results of intellectual activity and individualized descriptions which are protected by the law.

Export -- transport of goods, services, and the results of intellectual activity, including the exclusive rights to the results of intellectual activity, from the Customs territory of the Kyrgyz Republic to territory outside the Kyrgyz Republic, without the obligation of bringing them back. Export ipso facto is determined to have occurred at the moment when the goods cross the Customs border of the Kyrgyz Republic, or at the moment of registration of the rights to the results of intellectual activity. Export also includes separate commercial operations without the transport of goods from the Customs territory of the Kyrgyz Republic to the territory outside the Kyrgyz Republic, in particular, when a foreign person purchases goods from a person of the Kyrgyz Republic and transfers them to another person of the Kyrgyz Republic with the purpose of reprocessing and transporting reprocessed goods across the Customs border of the Kyrgyz Republic;

Import -- transport of goods (work projects, services), the results of intellectual activity, including the exclusive rights to the results of intellectual activity, from the territory outside the Customs border of the Kyrgyz Republic to the Customs territory of the Kyrgyz Republic without the obligation of transporting them back. Import ipso facto is determined to have occurred at the moment when goods are transported across the Customs border of the Kyrgyz Republic, as well as when services are rendered, or when the rights to the results of intellectual activity are registered.

Kyrgyz participants in foreign economic activity (persons of the Kyrgyz Republic) -- legal entities created in accordance with the laws of the Kyrgyz Republic that are permanently located on the territory of the Kyrgyz Republic, and individuals who are citizens of the Kyrgyz Republic and are permanent residents, registered as individual entrepreneurs;

Foreign participants in foreign economic activity (foreign persons) -- legal entities and other organizations whose legal rights are determined in accordance with the laws of a foreign state, foreign persons or foreign citizens whose legal rights are determined in accordance with the law of a foreign state, as well as stateless persons whose legal rights are determined in accordance with the law of a foreign state where they have permanent residence;

Export control system -- a totality of measures which are implemented by government executive branch agencies as established by this Law, and other laws and legal acts of the Kyrgyz Republic, pertaining to the transport outside the Kyrgyz Republic of weapons and military technology; as well as certain types of raw materials, materials, equipment, technologies, and scientific and technical information which can also be used for building weapons and developing military technologies (hereinafter -- dual-use products); aimed at preventing the export of weapons of mass destruction and other types of weapons and technologies for their production, as well as the measures aimed at detection, prevention, and termination of violations of these procedures;

Economic security -- the state of the economy which ensures the required level of social, political, and military order, as well as the progressive development of the Kyrgyz Republic, its economic invulnerability and national independence, with regard to possible external and domestic threats and influences.

Article 3. Legislation of the Kyrgyz Republic on Foreign Economic Activity

Foreign economic activity in the Kyrgyz Republic is regulated by the Constitution of the Kyrgyz Republic, this Law, and other laws and legal acts of the Kyrgyz Republic, as well as international agreements signed by the Kyrgyz Republic.

Article 4. Principles of Government Regulation of Foreign Economic Activity

The basic principles of government regulation of foreign economic activity are as follows:

• Foreign trade policy represents an integral part of the foreign policy of the Kyrgyz Republic;
• Government regulation of foreign economic activity and control over the implementation of this activity represent a single system;
• Implementation of a single policy of export control with the purpose of realization of the government’s role in ensuring national security, political, economic, and military interests, as well as compliance with the international obligations of the Kyrgyz Republic in the sphere of prevention of export or transport of weapons of mass destruction and other types of weapons;
• The integrity of the Customs territory of the Kyrgyz Republic;
• The priority of the economic measures of government regulation of foreign economic activity;
• Equality and non-discrimination of all participants in foreign economic activity; and
• Protection by the government of the rights and legitimate interests of the participants in foreign economic activity.

In order to regulate import and export, as well as to protect the domestic markets of the Kyrgyz Republic and to stimulate the progressive structural adjustments in the economy of the Kyrgyz Republic, the import and export customs tariffs are imposed in accordance with the laws and international agreements of the Kyrgyz Republic with the purpose of regulation of imports and exports.

Article 12. Quantitative Limitations on Import and Export

Quantitative limitations on import and export may be introduced in extraordinary cases by the Government of the Kyrgyz Republic:

• To insure the national security of the Kyrgyz Republic;
• To fulfill international obligations of the Kyrgyz Republic; and
• To protect the domestic markets of the Kyrgyz Republic in accordance with Article 15 of this Law.

When a tender or an auction is held, there shall be no limit to the number of participants, and there shall be no discrimination on the grounds of the form of property, place of registration, and status on the market.

Article 13. Export Control

A system of export control is implemented in the Kyrgyz Republic to protect the national interests of the Kyrgyz Republic in the sphere of economic activity with regard to weapons, military technology and dual-use products, as well as to comply with the international obligations of the Kyrgyz Republic to ensure the nonproliferation of weapons of mass destruction and other types of weapons and the technologies used in their production.

The lists of weapons, military technologies, certain types of raw materials, materials, equipment, technologies, and scientific and technical information and services which are subject to export control, and which are and may be used in the production of weapons of mass destruction, their missile delivery systems, and other types of weapons are established by the Decree of the President of the Kyrgyz Republic according to the Resolutions of the Government of the Kyrgyz Republic.

The Kyrgyz Republic implements a single policy of export control, which is determined solely and exclusively on the basis of ensuring the security of the country, and its political, economic, and military interests.

Transport outside the Kyrgyz Republic of goods, work projects, services, as well as the results of intellectual activity, and the exclusive rights to the results of intellectual activity, whose export is controlled in accordance with the Part 1 of this Article, is performed in line with procedures determined by the Government of the Kyrgyz Republic.

Article 16. Prohibitions and Limitations on Export and/or Import due to National Interest

According to the laws and international agreements of the Kyrgyz Republic, prohibitions and limitations on export and/or import of goods, work projects, services, and the results of intellectual activity, including the exclusive rights to the results of intellectual activity, shall be introduced due to national interests, which include:

• The maintenance of social virtues and order;
• The protection of lives and health of people, protection of the animal world and the environment as a whole;
• The preservation of cultural heritage of the Kyrgyz Republic;
• The protection of cultural artifacts to prevent their illegal transport from the Kyrgyz Republic for sale abroad;
• The prevention of exhaustion of non-renewable resources, if measures in this sphere are carried out in combination with the appropriate limitations on domestic production and consumption;
• Ensuring national security of the Kyrgyz Republic;
• The protection of the international financial standing and maintenance of the solvency of the budget of the Kyrgyz Republic; and
• Compliance with the international obligations of the Kyrgyz Republic.

Article 18. Participation of the Kyrgyz Republic in International Economic Sanctions

Participation of the Kyrgyz Republic in international economic sanctions against one state or a number of states, and introduction of sanctions are determined by Decree of the President of the Kyrgyz Republic. Persons of the Kyrgyz Republic shall have the right to seek, with a court order, compensation for losses incurred as a result of participation of the Kyrgyz Republic in international economic sanctions. They shall be compensated from the national budget.

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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