Legal News

Legal Grata International (March 2022)

Table of contents:

  • On the settlement of issues of public-private partnership in the Kyrgyz Republic
  • On determining the procedure for applying an invoice
  • On the introduction of temporary restrictions on operations with foreign currency in cash
  • On changing the procedure for determining the official exchange rate of the Russian ruble in relation the Kyrgyz som
  • On the formation of the National Investment Agency under the President of the Kyrgyz Republic
  • On adoption of measures to support domestic agricultural producers and peasant (farm) enterprises
  • On the introduction of a ban on the export of certain types of agricultural goods from the Kyrgyz Republic
  • On measures to implement the requirements of Articles 289, 297, 298 and 299 of the Tax Code of the Kyrgyz Republic (approval of lists of goods exempt from VAT)

On the settlement of issues of public-private partnership in the Kyrgyz Republic

Decree of the Cabinet of Ministers of the Kyrgyz Republic dated March 25, 2022 No. 160 approved the provisions governing public-private partnerships in the Kyrgyz Republic, in particular:

 

– Regulations on the procedure for preparing public-private partnership projects at the expense of the Fund for financing the preparation of public-private partnership projects;

– Regulations on the award of public-private partnership projects through direct negotiations;

– Rules for holding a competition for public-private partnership projects;

– Regulations on the procedure for state registration of public-private partnership projects in the State Register of Public-Private Partnership Projects of the Kyrgyz Republic.

Also, the resolution amended a number of regulations relating to this issue.

On determining the procedure for applying an invoice

Decree of the Cabinet of Ministers of the Kyrgyz Republic dated March 18, 2022 No. 141 approved the Procedure for the formation and circulation of an invoice. The procedure applies to participants in the information system of invoices in the form of an electronic document and establishes the procedures for document circulation between participants in electronic interaction when handling an invoice in the form of an electronic document, including an additional one, using an electronic signature.

It has been established that VAT taxpayers and taxpayers importing and / or exporting goods, as well as taxpayers whose revenue for the last 12 consecutive months, or for a period of less than 12 consecutive calendar months, exceeded the amount of 8,000,000 soms, are subjected to registration as participants in the information system of electronic invoices and draw up invoices in the form and in the manner approved by the authorized tax authority, starting from April 1, 2022.

On the introduction of temporary restrictions on operations with foreign currency in cash

To ensure the economic security of the Kyrgyz Republic and stabilize the situation in the domestic foreign exchange market, by the Resolution of the Board of the National Bank of the Kyrgyz Republic dated March 11, 2022 No. 2022-P-09 / 14-1-(BS) until the relevant decision of the Board of the National Bank of the Kyrgyz Republic for commercial banks, exchange bureaus, microfinance and microcredit companies of the Kyrgyz Republic imposed a ban on the export of cash US dollars outside the Kyrgyz Republic from 17:30 on March 11, 2022.

The Decree comes into force from the date of official publication and is valid until the relevant decision of the Board of the National Bank of the Kyrgyz Republic is adopted.

On changing the procedure for determining the official exchange rate of the Russian ruble in relation the Kyrgyz som

In order to prevent possible speculative transactions with foreign currency in the domestic foreign exchange market, the Resolution of the Board of the National Bank of the Kyrgyz Republic dated March 11, 2022 No. 2022-P-09 / 14-2-(BS) suspended the Rules for determining the official exchange rates of foreign currencies by the National Bank of the

Kyrgyz Republic, in the section of the procedure for calculating the official exchange rate of the Russian ruble against the som.

The following calculation procedure is defined: the official exchange rate of the Russian ruble in relation to the Kyrgyz som is calculated at a cross rate based on the average values ​​between the maximum and minimum US dollar exchange rates against the ruble, recorded in Bloomberg News Agency / Reuters News Agency in the period from 15:00: 00 hours of the previous trading day until 15:00 hours of the current trading day Bishkek time.

The Resolution enters into force on March 14, 2022 and is valid until the relevant decision of the Board of the National Bank of the Kyrgyz Republic is adopted.

On the formation of the National Investment Agency under the President of the Kyrgyz Republic

By the Decree of the President of the Kyrgyz Republic, the National Investment Agency under the President of the Kyrgyz Republic was established on the basis of the State Institution “Agency for Investments and Development of the Kyrgyz Republic “KADI”, and it was determined that the National Agency is an authorized state body responsible for developing and implementing a unified state investment policy, coordinating the attraction foreign investments, cooperation with international financial institutions and foreign government financial organizations, as well as the formation and coordination of a unified state policy in the field of attracting funds from external gratuitous assistance to the Kyrgyz Republic (grants, technical assistance, targeted gratuitous assistance).

On adoption of measures to support domestic agricultural producers and peasant (farm) enterprises

To ensure the food security and stabilize market prices for food products, the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated March 11, 2022 No. 137 established the VAT rate for certain food products supplied and imported into the territory of the Kyrgyz Republic in the amount of 0%.

The period of validity of the zero VAT rate is from March 20 to December 31, 2022.

From January 1, 2022 to December 31, 2024, the tax rate for the use of agricultural land is also set at 0%.

On the introduction of a ban on the export of certain types of agricultural goods from the Kyrgyz Republic

In order to ensure the food security and stabilize market prices for food products, the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated March 17, 2022 No. 140 established a temporary ban, for a period of six months, on export (export) from the Kyrgyz Republic (with the exception of re-export, transit, as well as humanitarian assistance provided by the Cabinet of Ministers of the Kyrgyz Republic) of certain types of agricultural products.

On measures to implement the requirements of Articles 289, 297, 298 and 299 of the Tax Code of the Kyrgyz Republic (approval of lists of goods exempt from VAT)

In order to implement the requirements of articles 289, 297, 298 and 299 of the Tax Code of the Kyrgyz Republic, the Decree of the Cabinet of Ministers of the Kyrgyz Republic dated March 11, 2022 No. 131 approved the list of goods subject to exemption from VAT upon delivery and import into the territory of the Kyrgyz Republic::

1) A list of specialized goods for the construction

and reconstruction of a glass melting furnace and a converter (ferroalloy furnace) in accordance with Appendix 1;

2) List of component parts intended for the assembly of tractors and vehicles in accordance with Appendix 2;

3) List of baby food according to Appendix 3;

4) List of teaching aids and school supplies, scientific publications in accordance with Appendix 4;

5) List of specialized goods for persons with disabilities in accordance with Appendix 5;

6) List of vaccines and medicines for animals according to Annex 6;

7) List of mineral fertilizers according to Appendix 7;

8) List of plant protection chemicals in accordance with Appendix 8;

9) List of species of breeding farm animals in accordance with Appendix 9;

10) List of seed materials according to Appendix 10;

11) List of raw materials intended for the production of vegetable oil, feed for birds and fish, in accordance with Appendix 11;

12) List of weapons, military equipment, military equipment, special equipment and special means in accordance with Appendix 12.