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- Decree No. 350 of the Government of the Kyrgyz Republic
- 16 June 2000
On the Bill of the Kyrgyz Republic On Export Control
The Government of the Kyrgyz Republic decrees:
1. that it approves the Bill of the Kyrgyz Republic On Export Control
2. that the bill be submitted to the Zhogorku Kenesh [Parliament] of the Kyrgyz Republic
3. that E. T. Topoyev, Minister of Defense of the Kyrgyz Republic, be appointed the official representative of the Government of the Kyrgyz Republic for the review of the draft law by the houses of the Zhogorku Kenesh.
[signed] Prime Minister of the Kyrgyz Republic, A. Muraliyev
LAW OF THE KYRGYZ REPUBLIC
ON EXPORT CONTROL
In the international and national security interests of the Kyrgyz Republic and for the strengthening of nonproliferation regimes, this law establishes the framework and procedures for government bodies, individuals, legal entities of the Kyrgyz Republic in the area of export control of arms, military equipment, raw material, materials, equipment, technology, dual-use scientific-technical information and services related to the production and use of weapons of mass destruction and the means for their delivery.
Article 1: Basic Concepts Used in this Law
The following terms will be used for the purpose of this law:
--goods: raw materials, material, goods, technologies, equipment, work, services, information, that are subject to export controls;
--dual-use goods: goods that are not intended for military use, but that can be used in the creation of nuclear, chemical, and other types of weapons of mass destruction and means for their delivery;
--list of goods subject to export control: control lists, lists of weapons, military equipment, dual-use goods, including nuclear and special non-nuclear materials; certain raw materials, materials, equipment, technical information and services, which are used or could be used to create weapons of mass destruction or various delivery systems;
--intellectual property rights: author's rights to scientific papers, programs and databases; rights to industrial property; rights to inventions; rights to goods produced or belonging to individuals or legal entities or services provided by them, including industrial samples and know-how related to arms, military technology, dual-use goods, special equipment, and technologies for the creation of weapons of mass destruction, including means for their delivery;
--exporters: domestic and international individuals and legal entities that export goods;
--nuclear and special non-nuclear materials: materials designated as such in accordance with the requirements of international norms and rules on the nonproliferation of nuclear weapons;
--export control: the combined measures that implement the procedure, established by this law, other laws, and regulations of the Kyrgyz Republic, for conducting export, re-export, import, and transit activities involving goods and intellectual property that can be used to create weapons of mass destruction and means for their delivery.
Article 2: Principles of Export Control
Export control in the Kyrgyz Republic is based on the following fundamental principles:
--implementation of government control of movement of objects across the customs borders of the Kyrgyz Republic;
--ensuring the priority of the Kyrgyz Republic's political interests in the implementation of export control;
--verification of the end users of goods subject to export control, within the framework of nonproliferation procedures;
--transparency and accessibility of information on the procedures, rules, goals, tasks, and principles of the functioning of the export control system and penalties for violating export control legislation of the Kyrgyz Republic;
--compilation of a commodity control list, and also of countries, to which export of controlled items is temporarily forbidden or restricted;
--agreement of export control procedures and rules with internationally accepted norms and practices.
Article 3: Export Control Legislation of the Kyrgyz Republic
Export control legislation of the Kyrgyz Republic is based on the Constitution of the Kyrgyz Republic and comprises this law and other regulatory acts.
If international agreements ratified by the Kyrgyz Republic set forth rules that differ from those defined in this law, then the rules of the international agreements shall take precedence.
Article 4: Scope of Export Control Legislation
The scope of export control legislation of the Kyrgyz Republic extends to the goods listed in Article 6 of this law, and also to the activities of exporters, regardless of their ownership status.
Article 5: Powers of the Government and Executive Agencies in the Sphere of Export Controls
The Government of the Kyrgyz Republic:
--creates and develops the export control system of the Republic;
--publishes regulatory acts on export control regulation, including operational procedures;
--oversees the activities of executive agencies of the Kyrgyz Republic that carry out export controls;
--creates quantitative limits to the export of goods subject to export controls in accordance with this law;
--grants permission to export goods subject to export control;
--grants permission for the transit of goods subject to export control:
Executive Agencies:
--facilitate the indirect implementation of official export control policy;
--develop and introduce measures related to the implementation of the export control system and the standardization of the rules and regulations, and also bring them in line with the proposals of authorized executive agencies;
--compile control lists and lists of goods subject to export control;
--provide oversight over export, re-export, and transit of goods subject to export control;
--provide expert evaluations of export applications;
--prevent the illegal movement through the customs borders of the Kyrgyz Republic of goods subject to export control.
Article 6: Goods Subject to Export Control
On the basis of the interests and international obligations of the Kyrgyz Republic, the President of the Kyrgyz Republic confirms the list of goods subject to export control.
In accordance with the requirements and conditions of this law, items subject to export control include the following:
--arms and military equipment, raw materials, materials, goods, special equipment, technology, work and services designed for military use, which can be used for the purposes of producing or acquiring weapons of mass destruction;
--nuclear materials, technology, equipment, special non-nuclear materials, goods, dual-use equipment and technologies, radiation sources, and isotope products on control lists of international nonproliferation regimes;
--dual-use chemicals and technologies on control lists of international nonproliferation regimes, designed for peaceful purposes, but which could be used to create chemical weapons;
--infectious agents, their genetically altered forms and fragments of genetic material on control lists of international nonproliferation regimes that could be used to create bacteriological (biological) and toxin weapons;
--equipment, materials, and technologies on control lists of international nonproliferation regimes, used to create missiles;
--scientific-technical information and intellectual property related to goods designed for military purposes;
--other types of products on an approved control list.
Goods listed in this law are subject to export control regardless of their owner, their origin, and date of production.
Article 7: Export Control and Operational Procedures
Goods subject to export control shall be exported in accordance with the legislation of the Kyrgyz Republic and international obligations of the Kyrgyz Republic regarding the nonproliferation of weapons of mass destruction and technologies for their creation, and also in accordance with other international agreements of the Kyrgyz Republic.
Development, production, and sale of military goods and services, subject to export control, shall be carried out by obtaining a license for this type of activity in accordance with the law On Licensing.
A license granted by the central executive agency for the development, production, and sale of military goods and services subject to export control, shall not serve as the basis for a customs declaration upon transfer across the border of the Kyrgyz Republic.
Import or export operations involving goods subject to export control shall be carried out on the basis of an export or import license granted by the central executive agency, which serves as the basis for a customs declaration upon transfer of the above-mentioned good across the border of the Kyrgyz Republic.
In the case of the export of nuclear and special non-nuclear materials and dual-use goods, the transaction contract shall provide the executive agencies of the Kyrgyz Republic with access to verify the end use of the goods.
Nuclear and special non-nuclear materials, dual-use goods, technologies, installations, and equipment to create them, shall be exported to non-nuclear weapons states only upon certification from authorized state agencies of the recipient countries that the nuclear or special non-nuclear materials, dual-use goods, installations, and equipment derived from them or resulting from their use:
a) will not be used to create nuclear weapons and other nuclear explosive devices or to achieve some military goal;
b) will remain under the control (safeguards) of the International Atomic Energy Agency (IAEA) for the entire time of their use in accordance with safeguards agreements between the recipient countries and the IAEA;
c) will be provided with protection measures no less stringent than those recommended by the IAEA;
d) will be re-exported (exported) or transfered from the jurisdiction of the recipient country only on the conditions provided in points a), b), and c).
The legal entity requesting an export license is responsible for the accuracy of information provided to obtain the license.
If necessary, authorized export control agencies may inspect goods subject to export control prior to shipment.
Article 8: Re-export and Transit
Goods subject to export control shall be re-exported according to procedures established by this law and regulatory acts of the Kyrgyz Republic.
Goods produced in the Kyrgyz Republic that are subject to export control shall be re-exported in accordance with the permission of the central executive state agency on export controls of the Kyrgyz Republic.
Goods imported to the customs territory of the Kyrgyz Republic that are subject to export control shall be re-exported in accordance with the permission of the central executive state agency on export controls of the country of origin.
The transit of goods subject to export control may be carried out in accordance with the permission of the government of the Kyrgyz Republic.
Article 9: Protection of Information about Controlled Goods
In order to carry out their assigned duties, authorized state export control agencies have the right to receive documents and information relevant to export controls on controlled goods from state bodies and individuals and legal entities of the Kyrgyz Republic.
Documents and information received by authorized state export control agencies in accordance with this law from state agencies, individuals, and legal entities of the Republic of Kyrgyzstan may only be used for the purposes of export control.
Officials of authorized export control agencies are forbidden to distribute or give documents (their contents) and information to third parties, in accordance with the the second part of this Article.
The provisions of the third part of this Article shall not apply to cases in which the confidentiality of the information could negatively affect national security interests.
Article 10: Export Restrictions
The Kyrgyz Republic has the right to impose restrictions on the export of goods subject to export control, including the embargo of foreign states if they violate their obligations to the Kyrgyz Republic, and in accordance with the decision of international organizations in which the Kyrgyz Republic is a member.
Out of national security interests and international responsibilities of the Kyrgyz Republic, the government of the Kyrgyz Republic will create a list of states on which it may impose restrictions limiting the export of goods subject to export control from the Kyrgyz Republic.
Article 11: Participation in the Activities of International Organizations
The Kyrgyz Republic participates in the activities of international organizations operating in the area of export control under the auspices of the United Nations and other organizations concerned with guaranteeing and strengthening the nonproliferation of weapons of mass destruction regime.
Article 12: Participation of the Kyrgyz Republic in International Sanctions that Stipulate Export Control
The participation of the Kyrgyz Republic in international sanctions related to export control in regards to one country or to several countries, and the implementation of those sanctions are defined by legislation of the Kyrgyz Republic on the basis of decisions by the United Nations or other international organizations. In certain situations the Kyrgyz Republic may adopt these sanctions unilaterally.
The procedure for compensating exporters for losses incurred after the imposition of international sanctions will be determined by the government of the Kyrgyz Republic.
Article 13: Responsibility for Violation of Export Control Legislation of the Kyrgyz Republic
Legal entities and individuals of the Kyrgyz Republic, foreign individuals and legal entities, and stateless individuals shall be held responsible for the violation of export control legislation of the Kyrgyz Republic in accordance with acting legislation of the Kyrgyz Republic.
Article 14: On the Entry Into Force of this Law
This law will enter into force on the day of its publication.
The Government of the Kyrgyz Republic:
--shall bring normative acts enacted earlier into line with this law:
--shall adopt normative acts to implement this law.
The President of the Kyrgyz Republic
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