WORLD TRADE
ORGANIZATIONG/LIC/N/3/KGZ/1
3 May 2000
(00-1803)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the
Agreement on Import Licensing Procedures1
KYRGYZ REPUBLIC
The following notification, dated 11 April 2000, has been received from the Permanent
Mission of the Kyrgyz Republic.
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Outline of system
1. Most products can be imported into the Kyrgyz Republic without a licence.  However a
licence to import into the country is required for cer tain categories of goods that pose a risk to the
population's health, consumer and ecological welfare, national security, and to protect national
treasures and exhaustible natural resources.
The import licensing system is regulated by:
- Law No. 12 "On Licensing" of 3 March 1997 (as amended by Laws Nos. 13 of
14 February 1998, 53 of 24 April 1998, 87 of 7 July 1998 and 121 of 12 September 1998);
- Resolution of the Legislative Assembly of the Jogorky Kenesh of the Kyrgyz Republic
No. 1100-1 of 8 June 1998, which establishes the order of registration and requirements for
issuing a licence for import and export operations and establishes the list of goods subject toimport licensing;
- Resolution of the Government of the Kyrgyz Republic No. 709 of 29 October 1998, which
establishes the list of governmental bodies responsible for the review of applications and
issuance of licences for exports and imports of goods into the Kyrgyz Republic;
- Regulation of the Kyrgyz Republic No. 334 from 21 June 1999 establishes fees for issuing a
licence on carrying out export and import operations, issued by the Ministry of External Trade
and Industry of the Kyrgyz Republic.
Purpose and coverage of licensing
2. There are two licensing systems in the Kyrgyz Republic:(a) Automatic import licensing:  for precious metals and stones, tobacco and alcoholic products
listed in paragraphs 10, 11, 17 and 18 of the List of specific goods imported under licences,
approved by the Resolution of the Legislative Assembly of the Kyrgyz Republic of
                                                     
1 See document G/LIC/3, Annex, for the Questionnaire.G/LIC/N/3/KGZ/1
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8 June 1998 (see Attachment 1).  The draft regulations on amendments to the above resolution
containing the requirements for issuing a licence within ten days are being drafted.
(b) Non-automatic import licensing:  for arms, military equipment and special assembling articles
for its production, works and services in the sphere of military and technical cooperation;explosive substances;  nuclear materials and technologies, used for military purposes;  intense
poisons;  narcotics (including used in pharmacology);  psychotropic means (see
Attachment 1).
3. Both systems apply to goods originating in, and coming from, all countries.4. The licensing system is not intended to restrict either the quantity or value of imports.  It is
designed for ensuring human health, consumer and ecological welfare, national security, protection of
artistic and archeological values, and protection of exhaustive natural resources.
5. See response to question 1.  The list of goods subject to import licensing is established in
accordance with the legislative order.  It is not po ssible for the government to abolish the licensing
system without legislative approval.
Procedures
6. Spirits and alcoholic products are subject to quotas, the size of which is determined based on
the requests for quotas.  It is the intention of the Kyrgyz Government, when determining the size of
the quota, to cover all the demand for licences.  Therefore, it does not have restrictive effects on the
quantity or value of imports.  It is possible to increase the size of a quota during the quota period on a
case-by-case basis.  Quotas are applicable globally.
I. Information relating to quotas on spirits and alcoholic products, formalities of filling
applications for licences, exceptions and deroga tions, are published in the "Slovo Kyrgyzstana"
gazette and other official publications.
II. Quotas on alcohol and alcoholic products are determined on an annual basis.  Licences are
issued for the period requested by the applicant but not exceeding a calendar year.  Term of the
licence can be extended upon the applicant's request on a case-by-case basis.
III. Licences are allotted to importers regardless of whether or not they are domestic producers of
like goods.  There is no penalty for non-utilization of a licence or a portion of a licence.  No steps are
taken to ensure that licences allocated are actually used for imports.  Unused quotas on import of
alcohol and alcoholic products are not added to the quotas for the next year.  An application for alicence must be accompanied by an import contract.
IV. In practice, from the time of announcing the opening of quotas, a 30-day period is provided
for the submission of applications for quotas.  After the quota is obtained, an importer may apply for a
licence at any time within the quota period.
V. Licences are processed no later than 30 days from the moment of submission of the
application along with all the required documents.  In urgent cases an application may be approved in
a shorter length of time if all documents are in order.
VI. The period of importation is the calendar year starting from 1 January.  The applicant may
start importation of products at any time within the period of importation after obtaining a licence.G/LIC/N/3/KGZ/1
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VII. One administrative body, i.e. joint stock company "Kyrgyzalko", considers licence
applications on alcohol and alcoholic products.
VIII. The size of quota is determined to satisfy fully the demand for licences.  There have not been
cases when the demand for licences exceeded the amount of the quota.  Applications for quotas areexamined simultaneously.  Licences are issued for those who obtained a quota on receipt of
applications.
IX-X. Not applicable.XI. No licences are issued on condition that goods should be exported and not sold in the
domestic market.
7. For products subject to import licensing according to the list of specific goods imported under
licences (except those listed in paragraphs 10, 11, 17 and 18 of the List (see Attachment 1)):
(a) There are no requirements as to how far in advance of importation an application for an
import licence must be made.  According to Resolution No. 1100-1, licences are issued within
30 days.  An application can be approved within a shorter time-limit if all documents are in
order and in the case of urgency such as when goods arrive at the port without a licence due to
inadvertence.
(b) The licence can be granted immediately on request if all documents are in order.
(c) An application for a licence may be made for any period of the year without limitation.(d) Applications are considered by more than one administrative organ.  The Ministry of External
Trade and Industry issues import licences subject to prior approval by experts from another
administrative organ (see Attachment 1).  Therefore the importer has to approach more than
one administrative organ.
8. The application for a licence may be refused if goods fail to meet the ordinary criteria.  The
reasons for any refusal must be given to the applic ant in writing.  The grounds for refusal to issue a
licence are the following:
- incorrectly filled application and supporting documents;
- lack of authentic information regarding a contract;
- failure to submit necessary documentation;
- failure to pay the required fee;- court decision prohibiting the applicant to carry out such an activity;  and
- contract clauses are in contradiction with the external trade policy of the Kyrgyz Republic.
The denial of a licence may be appealed to an independent court.
Eligibility of importers to apply for a licence
9. In general, all persons, firms and organizations are eligible to apply for licences for
importation of goods under the licensing system of the Kyrgyz Republic.  There is no system for
registration of persons and firms permitted to engage in importation.G/LIC/N/3/KGZ/1
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Documentational and other requirements for application for licence
10. The following information is required in applications:
- name, address, phone number, registration code of an applicant;
- type of licence required (general or single);
- name and addresses of importer and seller of goods;
- country of a seller and country of origin of goods;
- desired period of validity of licence;
- type of transaction and type of currency;
- description of goods including Kyrgyz tariff code number;
- unit of measure, quantity, cost and terms of sale;- in case of counter-trade, description of goods traded;  and
- import contract or intergovernmental agreement number.
Sample application form is submitted as Attachment 2
2.
The approved application form bearing the official signatures and stamp constitutes the
import licence.  The following documents ar e to be supplied with the application:
- the import contract;
- the service contract of intermediary, if applicable;- copy of certificate on state registration as a legal entity or as a physical person engaging in
business activities;
- certificate quality of goods;  and
- a document certifying the payment of the licensing fee.
11. Upon actual importation the import licence is necessary, in addition to other documents
required from importers (i.e. declaration on import, contract and commercial invoice).
12. The licence application fee on import is 1,767 Som (about US$40).13. There is no deposit or advance payment requirement.
Conditions of licensing
14. The licence is granted for the period necessary for import operations, but not exceeding one
calendar year.  The validity of a licence can be extended if the applicant so requests within the next
year.
15. There is no penalty for the non-utilization of a licence or a portion of it.16. Licences are not transferable between importers.
17. There are no conditions attached to the issuance of a licence.
Other procedural requirements
18. There are no other administrative procedures, apart from import licensing required prior to
importation.
                                                     
2 Available for consultation in the Secretariat (Market Access Division) (English only).G/LIC/N/3/KGZ/1
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19. Foreign exchange is automatically provided for goods to be imported.  No import licence is
required as a condition of obtaining foreign exchange.G/LIC/N/3/KGZ/1
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ATTACHMENT 1
List of specific goods imported under licences contained in the
Regulation on Import/Export Licensing
(No. 1100-1, implemented 8 June 1998)
Governmental bodies No. Goods HS Code
Expert Licensor
1. Ciphering devices (including
ciphering equipment, spareparts for the cipheringequipment, cipheringprogrammes), normative and
technical documents to the
ciphering devices (includingdesigning and exploiting)8471 (ciphering equipment
only), 847330000 (for theciphering equipment only),854380900 (cipheringequipment only), 854390900
(ciphering equipment only)Ministry of
National SecurityMinistry of
External Tradeand Industry
2. Arms and weapons, specific
parts for their production,works and services in the areaof military-technological
cooperationby the list of the Ministry of
Defence of the KyrgyzRepublicMinistry of
DefenceMinistry of
External Tradeand Industry
3. Protection devices from the
battle poisoning substances,parts and accessories thereofby the list of the Ministry of
Defence of the KyrgyzRepublicMinistry of
DefenceMinistry of
External Tradeand Industry
4. Military uniform, clothing
and attributesby the list of the Ministry of
Defence of the KyrgyzRepublicMinistry of
DefenceMinistry of
External Tradeand Industry
5. Normative and technical
documents to the military
products (construction andexploitation)by the list of the Ministry of
Defence of the Kyrgyz
RepublicMinistry of
DefenceMinistry of
External Trade
and Industry
6. Gunpowder and explosives,
explosive devices andpyrotechnics3601 (except for the hunting
powder), 3602, 3603, 3604Ministry of
Internal Affairs,State TechnicalMinistry of
Internal Affairs
7. Nuclear materials,
technologies, equipment and
plants, special non-nuclear
materials, sources for theradioactive radiation,including radioactive wasteby the list approved by the
President of the Kyrgyz
Republic (Resolution No. 55,
2 June 1996, the Governmentof the Kyrgyz Republic)Ministry of
Environmental
ProtectionMinistry of
Defence
8. Materials, equipment and
technologies which areintended for peaceful
purposes but can be used
while creating weapons formass exterminationIn accordance with the list
passed by the President of theKyrgyz Republic (Resolution
No. 55, 2 June 1996, the
Government of the KyrgyzRepublic)Ministry of
Health, Ministryof Agriculture
and Water
EconomyMinistry of
External Tradeand Industry
9. Certain types of raw
materials, equipment,technologies and scientific
information which can be
applied while creatingweapons and militarytechniquesby the list approved by the
President of the KyrgyzRepublic (Resolution No. 55,
2 June 1996, the Government
of the Kyrgyz Republic)Ministry of
DefenceMinistry of
External Tradeand IndustryG/LIC/N/3/KGZ/1
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Governmental bodies No. Goods HS Code
Expert Licensor
10. Precious metals, alloys,
goods made from them,metals plated with precious
metals and goods made from
them;  ores;  concentrates;scrap and waste2616 (ores and concentrates),
2843 (metals, junctions,amalgams), 300640000 (from
precious metals only), 7106-
7112, 711311000,711319000, 711411000,711419000, 711510100,711590100, 711590900, 7118
(from precious metals only),
8544 (only with conductorsfrom precious metals),960810300, 960839100Ministry of
FinanceMinistry of
External Tradeand Industry
11. Precious natural stones and
goods from them, powder andrecuperate of precious natural
stones, goods from them7101, 7102, 7103 (precious
stones only), 7105 (fromprecious stones only), 7116
(from precious stones only)Ministry of
FinanceMinistry of
External Tradeand Industry
12. Narcotics and psychotropic
drugs, virulent and stupefyingconcoctionsby the list of the State
Commission for DrugControl under theGovernment of the KyrgyzRepublicMinistry of
Health, Ministryof InternalAffairsState
Commission forDrug Control
13. Virulent poisons by the list approved by the
Government of the Kyrgyz
Republic (Resolution of the
Government of the KyrgyzRepublic of 6 February 1996,No. 55)Ministry of
Health, Ministry
of Internal
Affairs, StateMining SafetyCommittee, StateCommission on
Drug Control,
Ministry ofEnvironmentalProtectionMinistry of
External Trade
and Industry
14. Hazardous wastes by the list of the Basel
Convention on the Controlover Transborder
Transportation of hazardous
cargo of 22 March 1989,approved by Resolution ofthe Parliament of the KyrgyzRepublic of 18 January 1996,No. 304-1)Ministry of
EnvironmentalProtection,
Ministry of
HealthMinistry of
External Tradeand Industry
15. Pharmaceuticals by the list of the Ministry of
Health of the Kyrgyz
RepublicMinistry of
HealthMinistry of
Health
16. Service and civil guns by the list of the Ministry of
Internal Affairs of the KyrgyzRepublicMinistry of
Internal AffairsMinistry of
External Tradeand Industry
17. Tobacco by the list of
"Kyrgyztamekisi" 2401,
2402, 2403State Joint Stock
Company
"Kyrgyztamekisi"State Joint Stock
Company
"Kyrgyztamekisi"G/LIC/N/3/KGZ/1
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Governmental bodies No. Goods HS Code
Expert Licensor
18. Spirits and alcoholic products by the list of the State Joint
Stock Company"Kyrgyzalco" 2204, 2205,
2206, 2207, 2208, 220840,
220850, 220860, 220870,220890State Joint Stock
Company"Kyrgyzalco"State Joint Stock
Company"Kyrgyzalco"
19. Destructive substances of
ozone and productscontaining themBy the list of the Vienna
Convention on protection ofozone layers and the
Montreal Protocol on
destructive substances ofozone layerMinistry of
EnvironmentalProtection,
Ministry of
HealthMinistry of
External Tradeand Industry
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