On approval of the Regulation on the procedure for holding municipal property sale auctions in electronic format

The approved regulation establishes the procedure for organizing and conducting auctions for the sale of municipal property (except for land plots) in electronic format in accordance with the Program of privatization of municipal property objects approved by representative local self-government bodies.

The objects of municipal property put up for auction are subject to public discussion with the local community:

– in cities of republican and region significance by placing them on official websites of local self-government bodies;

– in cities of regional significance and aiyl aimaks through meetings, gatherings and kurultays.

Conclusion of the contract of sale of municipal property is carried out based on the results of the electronic auction on the electronic trading platform within 7 (seven) calendar days from the date of determining the winner of the electronic auction.

The winner of the auction shall purchase municipal property from the moment the sale contract comes into force. Sale contract comes into force after state registration in the relevant authorized state body in the sphere of registration of rights to immovable property in the order established by legislation.

The standard contract for sale of municipal property is approved by order of the authorized state body in the field of local government.

The resolution comes into force after fifteen days from the date of official publication.

On approval of the Regulation on conditions and procedure for carrying out activities on generation and supply of electric energy with use of renewable energy sources

In order to create conditions for the development of renewable energy sources, in accordance with Article 8 of the Law of the Kyrgyz Republic “On renewable energy sources”, Articles 10 and 17 of the Constitutional Law of the Kyrgyz Republic “On the Government of the Kyrgyz Republic”, the Government of the Kyrgyz Republic has decided to approve the Regulation on conditions and procedure for carrying out activities on generation and supply of electric energy using renewable energy sources.

The Regulation regulates, among other things:

– powers of participants carrying out activities in the field of energy with the use of renewable energy sources;

– peculiarities of carrying out the activity of subjects of renewable energy on generation and supply of electric energy with use of renewable energy sources;

– Stages of carrying out activity on development and supply of electrical energy using renewable energy sources;

– Maintenance of the Register of renewable energy sources subjects;

– Granting the right to the land plot for construction of the power plant with use of RES.

The Resolution comes into force after fifteen days from the date of official publication.

On amendments to the Resolution of the Government of the Kyrgyz Republic “On issues of licensing the right to use subsoil”

In order to bring regulatory legal acts in the area of subsoil use in accordance with the Law of the Kyrgyz Republic “On Subsoil”, to increase transparency of the system of granting the right to use subsoil, to implement the requirements of the international standard of the Extractive Industries Transparency Initiative (EITI), in accordance with Articles 10 and 17 of the Constitutional Law of the Kyrgyz Republic “On the Government of the Kyrgyz Republic”, the Government of the Kyrgyz Republic has decided to amend the Resolution No. 561 of the Government of the Kyrgyz Republic “On Issues of Licensing the Right to Use Subsoil” dated 29 November 2018.

The main subject of the amendments is the obligation of subsoil users who have received licenses for the right to use subsoil to provide information about the beneficiaries.

The subsoil users who have obtained licenses for the right to use subsoil before the entry into force of the Resolution shall be obliged to provide information about the beneficiaries within 6 months from the date of entry into force of this Resolution.

The Resolution comes into force after fifteen days from the date of official publication.

On increase of tax rates for income from extraction and sale of gold ore and gold-containing concentrate

The Law of the Kyrgyz Republic dated 22 August 2020 № 141 increased income tax rates for taxpayers engaged in the extraction and sale of gold ore and gold-containing concentrate.

The tax rate was increased by 7 percent until the year 2023 and by 10 percent starting from 2023.

In addition, in accordance with the above law, the tax base for royalties shall also be the value of chemically pure metal contained in metal-containing ore or exchange metal concentrate.

If the value of the chemically pure metal contained in the metal-containing ore or exchange metal concentrate is lower than the revenue received from the sale of metal-containing ores and exchange metal concentrates, the revenue received from the sale of metal-containing ores and exchange metal concentrates shall be used as the tax base for the royalty.

Taking into account the amendments made, a single rate is set for the royalty:

– for gold, silver and platinum and metal-containing ores and concentrates of gold, silver and platinum in the amount of 5%;

– for metals, metal-containing ores and metal concentrates, except for gold, silver and platinum, at the rate of 3 percent.

This Law of the Kyrgyz Republic comes into force on 1 November 2020.

On extension of mandatory labeling of tobacco and alcohol products

By the Resolution of the Government of the Kyrgyz Republic dated 2 October 2020б the period of transition to compulsory labeling of tobacco and alcohol products by means of digital identification has been extended till 1 April 2021.

Please note that according to the earlier established terms, mandatory labeling of tobacco products should have been introduced from 1 October 2020, and of alcoholic products – from 1 November 2020.

The decision to postpone the deadline was taken in order to ensure the effective introduction of identification labeling of certain goods by means of identification as part of the project on fiscal procedures.

At the same time, until 31 March 2021, a pilot (experimental) project on labeling with digital identification means of tobacco and alcohol products and shoe goods will be conducted.

Digital identification means is a unique sequence of symbols in machine-readable form, presented in the form of a bar or date matrix code containing information about the indicator of each unit of goods.

Compulsory labeling of goods is introduced in the Kyrgyz Republic pursuant to the Agreement on the labeling of goods by means of digital identification in the EAEU, and as one of the components of the project for fiscal procedures “SMART Salym”.

Compulsory labeling of goods will help to trace the whole way of the goods from the manufacturer to the end user, will create conditions for the development of domestic business, protect the population from low-quality goods, as well as provide an unhindered supply of labeled goods in the EAEU member countries.

On removing possibility of carrying out financial transactions by unidentified holders of electronic wallets / mobile applications users

Starting from 1 October 2020 the rule on prohibition of financial transactions by unidentified holders of electronic wallets and unidentified users of mobile applications of agents (MPA) of payment organizations (mobile communication operators) will come into force.

Carrying out financial operations through an electronic wallet and / or mobile applications of the agent (MPA) from 1 October 2020 will be available only to identified customers-users.

The ban on transactions by unidentified holders of electronic wallets and unidentified users of the MPA payment organizations has been introduced in order to minimize the risks associated with anonymous transactions and to meet the requirements of the law on countering the financing of terrorist activity and legalization (laundering) of criminal proceeds.

The e-money system operator or the bank-issuer of e-money shall, upon the request of citizens, provide information of interest to them.

The holders/users will still have access to their unidentified electronic purse/MPA for remote identification and verification, use of available non-financial information and tracking of their electronic purse/phone account balance. However, it will not be possible to make any financial transactions.

On the approval of the Procedure for Identification and Verification of Clients of Microfinance Organizations in a Remote Mode

The Management Board of the National Bank of the Kyrgyz Republic, guided by Articles 20 and 68 of the Law of the Kyrgyz Republic “On the National Bank of the Kyrgyz Republic, Banks and Banking Activities”, has decided to approve the Procedure for identification and verification of microfinance organizations clients remotely.

The Procedure for identification and verification of clients of microfinance organizations in a remote mode determines the procedure for identification and verification by microfinance organizations of persons-citizens of the Kyrgyz Republic using client data obtained in electronic form without personal presence.

The Resolution comes into force from the date of official publication and is valid until the corresponding decision of the Board of the National Bank of the Kyrgyz Republic is made.