Basic information
Outline of the system
Licences are issued to control the import of specified narcotic drugs, substances with psychotropic effects and their precursors (the Common List of Goods that are Subject to Non-Tariff Measures in Trade with Third Countries, approved by Decision of the Collegium of the Eurasian Economic Commission No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015, Annex 2.12).
Product coverage
This system fulfils part of the Kyrgyz Republic's obligation under the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971, and Table I and Table II of the Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-automatic licensing to pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)
Products under restriction as to the quantity or value of imports
The use of import licences enables the Government to monitor the quantities of controlled substances imported. This is intended to prevent the over-supply and diversion of controlled substances and is one strategy adopted to address drug misuse. The system is based on the requirements of the international treaties. The system is not intended to restrict the quantity or volume of imports.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to importers of controlled substances from all countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The controls on the importation of goods specified in this category are statutory requirements under the legislation detailed below:
- Treaty on the Eurasian Economic Union (EAEU) of 29 May 2014;
- Annex No. 7 "Protocol on Non-Tariff Measures Concerning Third Countries" to the Treaty on the EAEU;
- Decision of the Collegium of the Eurasian Economic Commission No. 30 "On Measures of Non Tariff Regulation" of 21 April 2015;
- Annex No. 2 to the Decision of the Collegium of the Eurasian Economic Commission No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015;
- Annex No. 10 to the Decision of the Collegium of the Eurasian Economic Commission No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015;
- Law of the Kyrgyz Republic on the licensing system in the Kyrgyz Republic of 19 October 2013 No. 195.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
This system cannot be abolished without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Ministry of Economy of the Kyrgyz Republic
Address
720002, Bishkek, Chui Avenue, 106
Telephone
(0312)-62 05 35
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Ministry of Economy of the Kyrgyz Republic
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
Application forms are available at: http://mineconom.gov.kg/ru/direct/13/74 with the application for licence:
- An electronic copy of the application;
- A copy of a foreign trade contract;
- A copy of document on registration with tax authority or a copy of document on the state registration;
- A copy of the licence for activities related to the use of narcotic drugs, psychotropic substances and their precursors.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application should be filed in advance of arrival of the goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The maximum processing time for licence is 15 working days.
Which administrative body is responsible for approving application of licences?
Yes, an application is considered by only administrative body – the Ministry of Health and Social Development of the Kyrgyz Republic.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The license application fee is 10 Monthly Calculated Indices for a legal entity and 5 MCI for an individual.
What is the amount of the fee or charge?
The amount of one monthly calculated index is 100 soms.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licences.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Part II of the Appendix to Annex No. 7 "Rules of the Issuance of Licences and Permits to Export and/or Import Goods" to the EAEU Treaty establishes the grounds for refusing licences: (i) incomplete or inaccurate information in the documents submitted by the applicant to obtain a licence; (ii) non-compliance with the requirements stipulated in the Appendix to Annex No. 7 to the EAEU Treaty; (iii) termination or suspension of one or more documents that served as the basis for issuance of a licence; (iv) violation of international obligations of an EAEU member State, which mayoccur as a result of performance of the contract which requires a licence; (v) exhaustion of quota (in the case of registration of a licence for goods subject to quotas).
Are the reasons for any refusal given to applicants?
The decision to refuse a licence has to be justified and presented by the authorized body to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Upon importation, an importer must present standard customs documentation along with a valid licence.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licences are valid for the licence period.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.