|
Chapter 2. Licensing of activity carried
out in the area of ancillary services
Article 11. Activity Carried out in the Area of Ancillary Services
1. The activity of legal entities as customs carriers, owners
of temporary storage warehouses, owners of bonded warehouses, owners of duty
free shops and customs brokers shall be allowed in availability of a license
issued by the State body authorized by the Government of the Kyrgyz Republic
(hereinafter referred to as the authorized body) in compliance with this Code
and the law of the Kyrgyz Republic “On Licensing”.
2. The authorized body shall be obliged to provide regular, at least once in
three months, publication in their official issues of the lists of persons,
implementing activity in the area of ancillary services.
Article 12. Procedure for the Issue of License
for Implementation of an Activity in the Area of Ancillary Services
1. The procedure for the issue of license for carrying out
an activity in the area of ancillary services shall be carried out in compliance
with this Code, subject to the conditions established by this Chapter. The license
shall be issued for payment in compliance with the Law of the Kyrgyz Republic “On Licensing”.
2. In order to receive a license, a legal entity engaged in
an activity in the area of ancillary services, shall lodge a written application
with the authorized body, which contains information stipulated by this chapter,
and shall submit documents confirming information mentioned in this application
according to the list specified in this Chapter.
3. Documents stipulated in item 2 of this Article may be provided
in the form of originals or copies attested in accordance with the procedures
established by legislation.
When consideration of the application is completed, the authorized
body shall be obliged to return originals of the submitted documents to the
applicant at his request.
The authorized body, considering the application, shall have
a right to request from third parties, as well as from State bodies, the documents
confirming the data provided by the applicant. Those persons shall be obliged
to provide the requested documents within 10 days from the date of receipt of
the request.
Article 13. Procedure for Lodging an Application for a License
for an Activity in the Area of Ancillary Services
1. A license for an activity in the area of ancillary services
shall be issued on the basis of application of a person complying with the conditions
established in Article 15 of this Code.
2. The application for the license for the activity in the
area of ancillary services should include:
1) information on the name, organizational and legal form,
location, opened bank accounts, as well as on the amount of completely formed
authorized capital of the applicant;
2) information on intention to restrict the region of its
activity within the region of activity of one (several) customs body (customs
bodies), or not to restrict the region of its activity;
3. In addition to the data mentioned in item 2 of this Article,
the applicant shall submit the following additional information:
- when carrying out activity as a customs carrier:
1) information on the period of goods transportation activity;
2) information on the owned means of transport (total number,
technical characteristics), which are intended to be used when carrying out
activity as a customs carrier, including information on means of transport suitable
for transportation of goods under customs seals and stamps (Article 52);
- when establishing a temporary storage warehouse:
1) information on type of a temporary storage warehouse, as
well as justification in case of a warehouse of the enclosed type;
2) information on premises and (or) unenclosed spaces, owned
by the applicant and intended for use as a temporary storage warehouse, their
location, arrangement, equipment and logistics;
- when establishing a bonded warehouse:
1) information on type of a bonded warehouse, as well as justification
in case of a warehouse of the enclosed type;
2) information on premises and (or) unenclosed spaces, owned
by the applicant and intended for use as a bonded warehouse, their location,
arrangement, equipment and logistics;
- when establishing a duty free shop:
1) information on availability of premises suitable for use
as a duty free shop;
2) confirmation from the Border Service of the Kyrgyz Republic to
open a duty free shop;
- when carrying out activity as a customs broker:
1) list and location of its isolated structural divisions
through which the applicant plans to carry out its activity as a customs broker
(representative) as of the date of the application lodgment;
2) information on intention to restrict the scope of its activity
through customs operations with respect to certain types of goods in compliance
with the Goods Nomenclature of Foreign Trade, or with respect to goods conveyed
through the customs border in certain types of means of transport, as well as
through fulfillment of certain customs operations, or by the region of activity
within the region of activity of one (several) customs body (customs bodies),
or to implement its activity without such restrictions;
3) information on availability of customs clearance specialists
for each region, where the applicant intends to carry out activity;
Article 14. List of Documents Necessary when Lodging an Application for a License
for an Activity in the Area of Ancillary Services.
1. The following documents shall be attached to the application:
- a copy of foundation documents;
- a copy of a certificate of state registration of a legal
entity;
- a document confirming payment for a license;
- a copy of the document confirming assignment of an identification
code (number) of a tax-payer;
- documents confirming security for customs payments in compliance
with Article 252 of this Code;
- confirmations from banks on accounts opened in them;
By the moment of lodging an application the applicant shall
be obliged to have a completely formed authorized capital.
2. In addition to the documents specified in item 1 of this
Article, the applicant shall additionally submit the following documents:
1) when carrying out activity as a customs carrier:
- license for implementation of activity of cargo transportation,
if such type of activity is licensed in compliance with legislation of the Kyrgyz Republic;
- documents confirming the right to own means of transport
which are proposed to be used when carrying out activity as a customs carrier;
2) when establishing a temporary storage warehouse:
- documents, confirming the right to own premises and (or)
unenclosed spaces intended for use as a temporary storage warehouse;
3) when establishing a bonded warehouse:
- documents confirming the right to own premises and (or)
unenclosed spaces intended for use as a bonded warehouse;
4) when establishing a duty free shop:
- documents confirming the right to own premises and (or)
unenclosed spaces intended for use as a duty free shop;
5) when carrying out activity as a customs broker:
- certificate of competence of specialists on customs clearance
who are employees of the applicant.
3. Documents shall be submitted in the State or official languages.
The documents submitted by foreign persons should be legalized, if necessary,
according to the procedure established by legislation.
If necessary, the authorized body shall have a right to demand
from the applicant to provide the originals of the mentioned documents.
Article 15. Conditions for Issue of a License for an Activity
in the Area of Ancillary Services
1. The following shall be conditions for issue of a license
for an activity in the area of ancillary services:
- as a customs carrier:
having means of transport suitable for transportation of goods
under customs seals and stamps. Specific requirements with respect to the arrangement
and equipment of means of transport in compliance with criteria established
by Article 52 of this Code;
ensuring implementation of obligations when carrying out activity
as a customs carrier in compliance with Article 252 of this Code.
-when establishing a temporary storage warehouse:
1) availability of premises suitable for use as a temporary
storage warehouse (Article 70);
2) ensuring implementation of obligations when carrying out
activity as a customs carrier in compliance with Article 252 of this Code.
3) opportunity for implementation of customs control of goods
proposed for storage in the warehouse.
- when establishing a bonded warehouse:
1) availability of premises suitable for use as a bonded warehouse
(Article 101);
2) ensuring implementation of obligations when carrying out
activity as a customs carrier in compliance with Article 252 of this Code.
3) opportunity for implementation of customs control of goods
proposed for storage in the warehouse.
- when establishing a duty free shop:
1) availability of premises suitable for use as a duty free
shop (Article 109);
2) ensuring implementation of obligations when carrying out
an activity as a customs carrier in compliance with Article 252 of this Code.
3) a possibility for performance of customs control of goods
proposed for sale in a duty free shop.
- as a customs broker:
1) having a customs clearance specialist with a certificate
of competence (Article 307, 308);
2) ensuring implementation of obligations when carrying out
activity as a customs carrier in compliance with Article 252 of this Code.
2. The license for an activity in the area of ancillary services
shall not be limited in time.
3. The issued license shall be inalienable.
4. The licensed types of activities carried out in the area
of ancillary services shall be subject to compulsory insurance in compliance
with the legislation of the Kyrgyz Republic.
Article 16. Decision to Issue (Refuse to Issue) a License.
Refusal to Issue a License
1. The authorized body shall make a decision to issue or to
refuse to issue a license not later than 15 days from the date of registration
of all necessary documents, including consideration of documents.
The license shall not be issued, if:
1) there is a decision of the court with respect to the applicant
prohibiting him to be engaged in that type of activity;
2) not all the documents required by this Chapter are submitted;
3) payment for a license has not been made;
4) the applicant does not comply with conditions for issue
of a license.
If the applicant eliminates all the constraints mentioned
in sub-items 2, 3 and 4 of this item, the application shall be considered without
repeated payment.
2. In refuse to issue a license, the amount paid for the license
shall not be returned.
3. It shall be prohibited to refuse to issue a license for
the following motives:
1) inexpediency of providing a right to the applicant to
be engaged in the licensed activity;
2) creation of a monopolistic position in the market;
3) doubts about personal characteristics and business reputation
of the applicant.
4. The authorized body shall be obliged to notify the applicant
of the decision to refuse to issue a license within three days after adoption
of a proper decision.
Notification on refusal to issue a license shall be forwarded
(handed in) to the applicant or its representative in writing with mentioning
the reason for denial.
5. The applicant may appeal the refusal by the authorized body
to issue a license or its omission according to the administrative or judicial
procedure.
Article 17. Revocation and Suspension of a License for an Activity
in the Area of Ancillary Services
1. License for an activity in the area of ancillary services
may be revoked or suspended by the authorized body in the following cases:
1) when carrying out the activity as a customs carrier:
- repeated failure to execute duties of a customs carrier,
including groundless refusal to transport goods, use of means of transport not
equipped according to Article 52 of this Code;
- violation of the procedure of record of goods carried by
a customs carrier;
- repeated administrative violations in the area of customs
matter;
- by Court’s decision;
- damage to the consignor or consignees, including that caused
by unlawful use of information considered confidential as established by Court;
- revocation of the license for transportation activity or
goods carriage;
- recognition of a customs carrier insolvent (bankrupt), or
announcement of his bankruptcy;
2) when establishing a temporary storage warehouse and a bonded
warehouse:
- repeated administrative violations in the area of the customs
matter by the warehouse owner;
- by court’s decision;
- recognition of the warehouse owner insolvent (bankrupt),
or announcement of his bankruptcy.
For the period of suspension of the license, placement of
goods in the temporary storage warehouse and bonded warehouse shall not be allowed.
3) when establishing a duty free shop:
- repeated administrative violations in the area of the customs
matter by the owner of a duty free shop;
- by Court’s decision;
- recognition of the owner of a duty free shop insolvent (bankrupt),
or announcement of bankruptcy by him.
In the period of suspension of the license, placement of goods
and their sale in a duty free shop shall not be allowed. Operations with goods
placed under the customs regime of a duty free shop shall not be allowed, except
for operations necessary to provide safety of the goods, which may be carried
out upon permission of the customs body.
4) when fulfilling the activity as a customs broker:
- repeated failure to execute duties of a customs broker;
- repeated violation of the procedure of record of goods with
respect to which the customs broker carries out customs procedures;
- repeated administrative violations in the area of the customs
matter;
- by Court’s decision;
- repeated damage to the presented persons, including that
resulting from unlawful use of information making a commercial secret or being
confidential information as established by court;
- recognition of the customs broker as insolvent (bankrupt),
or announcement of bankruptcy by him;
- use of services of a specialist without a certificate of
competence, a specialist whose certificate of competence has been revoked, or
of a specialist whose certificate of competence has been suspended, or who is
deprived of the right to be engaged in that activity by Court’s decision.
Revocation shall be effective from the date of making the
decision to revoke taken by the authorized body.
The authorized body shall notify the legal entity of the decision
on revocation with respect to which the decision has been made, in writing,
with a motivated justification of such decision not later than the day following
the day of its adoption. The mentioned decision shall be handed in to the Head
or to other authorized representative of the legal entity on receipt or otherwise,
confirming the fact and date of receipt of the decision. If the above-mentioned
persons avoid receiving such decision, it shall be posted by a registered letter.
The date of notification of the entity about the decision to revoke the license
shall be the date of notification by the post office of delivery of the registered
letter.
2. The repeated application for a license for activity in
the area of ancillary services may be considered a year later after the date
of making the decision to revoke the license if reasons for such revocation
have been eliminated.
3. A legal entity carrying out an activity in the area of
ancillary services shall be subject to a written warning for a single violation
of requirements specified in the license, which has not caused big damages.
The effect of the license for an activity in the area of ancillary
services may be suspended by the customs body for three months in case of non-execution
of duties stipulated in this Code by the person, the reasons of which may be
eliminated within such period.
The effect of the license shall be recommenced if the reasons
for its suspension are eliminated.
If the effect of the license may not be recommenced according
to the second paragraph of this item, it shall be revoked by the authorized
body.
4. If the license is revoked, the fee paid for the license
shall not be refundable.
Article 18. Re-registration of the License for an Activity
in the Area of Ancillary Services
In case of reorganization of the legal entity, change of its
name or location, the legal entity carrying out an activity in the area of ancillary
services, shall be obliged to lodge an application for re-registration of the
license together with correspondent documents confirming the data included in
it.
In re-registration of the license, the authorized body shall
make correspondent changes in the register of licenses. The previous license
shall be cancelled. The newly issued license shall be given a new registration
number of the license and the date of issue shall be stated in it.
Before receiving a license, in the period of re-registration,
the legal entity engaged in activity in the area of ancillary services shall
implement its activity on the basis of a copy of the earlier issued license
certified in accordance with the procedure established by legislation.
An application for re-registration shall be lodged by the
applicant within five days from the moment of emerging circumstances which make
the basis of re-registration.
Re-registration of the license shall be performed by the authorized
body within five days from the date of lodgment of a proper application by the
legal entity engaged in activity in the area of ancillary services.
It shall be prohibited to demand from the legal entity engaged
in an activity in the area of ancillary services to re-register licenses for
other reasons not stipulated by the present Article.
Article 19. Register of Licenses for an Activity in the Area
of Ancillary Services
The authorized body shall form and maintain a register of
licenses for an activity in the area of ancillary services in compliance with
the Law of the Kyrgyz Republic
“On Licensing”.
Information contained in the register of licenses shall be
open for all interested persons. Regular publication in mass media of the information
contained in the register of licenses shall be allowed.
The procedure of making changes in the register shall not
take more than three days from the date of adoption of a proper decision by
the authorized body. |
Main page 
Feedback
SiteMap 