Basic information
Outline of the system
Importation of plant protection products is subject to licensing. Import of unregistered plant protection means samples for the registration and production tests and researches, as well as limited number of unregistered plant protection means for elimination of newly detected quarantine pest hotbeds is carried out without a licence by presentation of the conclusion of Kyrgyz Republic's executive authority, exercising state registration of plant protection means, on the appropriateness of import with indication of plant protection means names, quantity, preparation form, rate of application, concentration, packaging, factory name and country of origin (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 of 21 April 2015, Annex 2.2).
Product coverage
Imports of unregistered plant protection means are subject to licensing.
Tariff line code(s) affected, based on HS (2012): of 3808 (except for 3808 94)
Detailed Product Description: Plant protection products (pesticides), excluding any sticky tape to protect trees from insects
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 protect human, animal or plant life or health.
Products under restriction as to the quantity or value of imports
Import licensing is for the purpose of administering import restrictions maintained to protect human, animal or plant life or health. Importation of plant protection products is subject to non-automatic import licensing.
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 goods originating in and coming from all countries.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The legislation under which licences are maintained includes:
- 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;
- Annex No. 2 to the Decision of the Collegium of the Eurasian Economic Commission (EEC) No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015;
- Annex No. 11 to the Decision of the Collegium of the Eurasian Economic Commission (EEC) No. 30 "On Measures of Non-Tariff Regulation" of 21 April 2015;
- Decision of the Collegium of the Eurasian Economic Commission (EEC) 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?
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:
- A digital copy of application form;
- A copy of a 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 production (formulation) of pesticides (toxic chemicals), the sale of pesticides (toxic chemicals), the use of pesticides (toxic chemicals) in aerosol or fumigant ways;
- A copy of the contract (agreement) which sets out the procedure for return of defective plant protection products to the exporter;
- A copy of the passport on chemical products safety.
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?
Importer has to apply to one administrative body – the Ministry of Economy and Finance 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 may occur 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-utilisation 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.