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Chapter 50. Information systems and
information technology in customs matter
Article 355. Application of Information Systems, Information
Technology and Means for their Maintenance
1.
Customs procedures stipulated by this Code shall be carried out with use of
information systems and information technology, including those based on electronic
means of communication of information, as well as means for their maintenance
according to this Chapter.
2.
Use of information systems and information technology in customs matter should
be economically feasible and effective for customs bodies and participants in
international trade.
3.
Information systems and information technology with use of computer techniques
and communication shall be introduced taking into account the appropriate international
standards.
4.
The following information systems, information technology and means for their
maintenance may be applied in the customs matter:
-designed and produced by customs
bodies or purchased by them on legal ground;
-owned by third persons.
5.
Information systems, information technologies, as well as means for their maintenance,
designed and produced by customs bodies or purchased by them on legal ground
shall be in State property and included in the structure of property of customs
bodies, which realize rights of ownership, use and disposal of that product
within their competence.
6.
Relations on use by customs bodies of the information systems, information technology
and means for their maintenance owned by third persons shall be developed on
the contractual basis.
7.
Information systems, information technology and means for their maintenance
applicable in the customs matter, which are owned by third persons, should comply
with requirements established by the authorized state body and be compatible
with the similar product used by customs bodies at performance of customs operations.
The customs bodies will check compliance of information systems, information
technology and means for their maintenance with the established requirements.
The person requesting the holding of the check shall be responsible for expenses
related to it.
8.
The possibility of use for customs purposes of information systems, information
technology, as well as means for their maintenance, procedure and conditions
for application of this product shall be established by the authorized state
body.
Article 356. Certification of Information Systems, Information
Technology and Means for Their Maintenance
1. Information systems, information technology, as well as
means for their maintenance shall be subject to certification in cases and in
accordance with the procedure stipulated by normative and legal acts of the
Kyrgyz Republic.
2. The circle of persons that bears
the risk related to the use of uncertified information systems, information
technology and means for their maintenance, as well as to the use of information
received from the uncertified system, shall be established by normative legal
acts of the Kyrgyz Republic.
Article 357. Information Resources of Customs Bodies
1. Information
resources of customs bodies shall draw up the documents and information submitted
at performance of customs procedures, as well as the documents necessary for
their completion.
The information
resources of customs bodies shall imply the organized aggregate of documented
information, including the database and other sets of information created, processed
and accumulated in the information systems of customs bodies.
2. The information
resources of customs bodies shall be the State’s property and shall be included
in the property and handled by customs bodies in compliance with their competence.
3. The legal regime of the information
resources of customs bodies, including the procedure of documentation of information,
procedure of their formation and use shall be established by an Instruction
of the Ministry of Finance of the Kyrgyz
Republic in compliance with normative legal acts of
the Kyrgyz Republic.
4. In cases established by an Instruction
of the Ministry of Finance of the Kyrgyz Republic, the documents, submission
of which is stipulated by this Code or in accordance with the procedure established
by the Code, including customs declaration, may be submitted through electronic
means of information exchange with observation of requirements of their documentation,
as well as other requirements established by normative legal acts of the Kyrgyz
Republic.
5. Provisions of this Article shall
not extend to cases of formation of state information resources on the basis
of compulsory submission of documented information by the initiative of the
Government of the Kyrgyz Republic
in cases stipulated by normative legal acts of the Kyrgyz
Republic on information, informatization and protection
of information.
Article 358. Use of Information Resources
1. The information resources handled
by customs bodies shall be open and publicly accessible, except for cases when
access to information is restricted according to normative legal acts of the
Kyrgyz Republic.
2. In case
when access to information is not restricted, natural and legal persons, as
well as bodies of state power and local self government bodies shall have a
right to receive it from the information resources of customs bodies and shall
not be obliged to justify to the customs bodies the necessity of receiving the
requested information.
3. The procedure
of receipt of information by persons from the information resources handled
by customs bodies, place, time, grounds and conditions of its receipt shall
be established by an Instruction of the Ministry of Finance of the Kyrgyz Republic in
compliance with this Code and other normative legal acts of the Kyrgyz Republic.
Article 359. Protection of Information and Rights of Entities Participating
in the Information Processes and Informatization
1. Protection of information, rights
of entities participating in information processes and informatization shall
be carried out in accordance with the procedure established by normative legal
acts of the Kyrgyz Republic.
Protection shall be ensured by
introduction and use of special software technical means of protection of information
compatible with means of maintenance of information systems and information
technology, which are subject to certification in accordance with the procedure
established by normative legal acts of the Kyrgyz Republic.
2. The level of protection of information
ensured by means of protection of information should correspond to the category
of information. Correspondence of the level of protection of information of
a certain category shall be ensured by customs bodies handling the information
resources.
3. Control of compliance with requirements
with regard to protection of information and exploitation of means of protection
of information shall be carried out by the authorized state body and other state
bodies in compliance with normative legal acts of the Kyrgyz Republic.
Article 360. Participation of Customs Bodies in the International
Exchange of Information
The authorized state body and other
customs bodies shall participate in the international exchange of information
with customs bodies, as well as within their competence with other bodies and
organizations of foreign states and international organizations in accordance
with the procedure and under conditions established by normative legal acts
and international agreements of the Kyrgyz Republic. |
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