Ozone depleting substances
- Document symbol
- G/LIC/N/3/KGZ/3/Corr.1
- Original language
- English
- Published on
- 17/04/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Kyrgyz Republic manages its obligations for ozone depleting substances controlled by the Montreal Protocol on Substances that Deplete the Ozone Layer. The import, export and manufacture of the ozone depleting substances is prohibited under the Montreal Protocol, except where an essential or critical use exemption has been granted by the Parties to the Montreal Protocol. Kyrgyz Republic's Montreal Protocol obligations are implemented through a system of licensing. Imports of ODSs and/or products containing ODSs are forbidden for personal use.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The requirements of the licensing systems are:
- import or export of ozone depleting substances;
- pre-charged equipment containing ozone-depleting substances.
Strict conditions and reporting requirements apply in relation to all licences issued.
Please see products "Ozone depleting substances"
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods from all countries-parties to the Montreal Protocol.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The non-automatic import licensing system implements Kyrgyz Repulic's legal obligations under the Montreal Protocol. As well as limits on production and consumption of ozone depleting substances leading to eventual phase-out, the Protocol requires the establishment of a licensing system.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
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;
- Agreement on Movement of Ozone-depleting Substances and Products Containing Them and Accounting for Ozone-depleting Substances in Mutual Trade of the Member States of the Eurasian Economic Union of 29 May 2015;
- Annex No. 2 to Decision No. 30 of the Board of the Eurasian Economic Commission of 21 April 2015;
- Regulation on the importation/exportation of ozone-depleting substances and products containing ozone-depleting substances into/from the customs territory of the Eurasian Economic Union (Annex No. 20 to Decision No. 30 of the Board of the Eurasian Economic Commission of 21 April 2015);
- Resolution of the Kyrgyz Republic on the approval of the Regulation on state regulation of the import and export of ozone-depleting substances and products containing them dated 19 September 2009 No. 594;
- Law of the Kyrgyz Republic on the licensing system in the Kyrgyz Republic of 19 October 2013 No. 195.
The legislation does not leave designation of products to administrative discretion. All substances that require licences are specified in a schedule to the legislation. No other substances require licensing under this legislation. Licensing is a legislative requirement. It is an offence to import, export or manufacture the mentioned substance without a licence. It is not possible to abolish this system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Application should be filed in advance of arrival of the goods. The maximum processing time for licence is 15 working days.
Q7.b. Can a licence be granted immediately on request?
No.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The authorized body for issuing permits is the Ministry of Economy and Commerce of the Kyrgyz Republic.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
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). The decision to refuse a licence has to be justified and presented by the authorized body to the applicant in writing.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for licences.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. 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 application;
- An electronic copy of a foreign trade contract;
- A copy of document on registration on tax authority or a copy of document on the state registration;
- A copy of the licence to carry out the licenced type of activity or information on the availability of a licence to carry out the licenced type of activity if such activity is related to the turnover of the goods for which licensing has been introduced;
- A copy of the contract for supplying of intermediary services (in the case if an intermediary is the applicant);
- Certificate of conformity or written notice of the manufacturer that the ozone-depleting substances and/or products containing ozone-depleting substances produced by it meet the requirements of the documents according to which they are manufactured;
- A copy of a valid certificate for cargo insurance.
Q11. What documents are required upon actual importation?
Upon importation, an importer must present standard customs documentation along with a valid licence.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The license application fee is 10 Monthly Calculated Indices for a legal entity and 5 MCI for an individual. The amount of one monthly calculated index is 100 soms.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Licences are valid for the licence period and cannot be extended.
Q15. 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.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Licensees are not permitted to trade in ozone depleting substances with non-Parties to the Montreal Protocol. Conditions may also apply to the purpose to which the imported substance is to be applied if its consumption has been approved for a specific purpose through the Montreal Protocol.
Other Procedural Requirements
Q18. 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.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.