République kirghize Profil du Membre
Situation concernant les notifications au cours de la période considérée
2010-2012
2012-2014
2014-2016
2016-2018
2018-2020
2020-2022
2022-2024
2024-2026
Renseignements sur la notification
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République kirghize
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10/04/2025
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2024-2026
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République kirghize
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18/03/2025
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2024-2026
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République kirghize
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18/03/2025
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2024-2026
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République kirghize
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12/03/2025
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2024-2026
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République kirghize
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06/03/2025
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2024-2026
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République kirghize
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19/02/2025
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2024-2026
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République kirghize
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17/02/2025
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2024-2026
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République kirghize
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03/02/2025
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2024-2026
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République kirghize
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12/12/2024
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2024-2026
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République kirghize
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04/12/2024
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2022-2024
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République kirghize
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04/12/2024
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2024-2026
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République kirghize
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26/08/2024
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2022-2024
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République kirghize
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09/07/2024
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2022-2024
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République kirghize
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21/06/2024
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2022-2024
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République kirghize
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01/05/2024
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2022-2024
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République kirghize
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08/03/2024
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2022-2024
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République kirghize
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29/02/2024
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2022-2024
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République kirghize
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21/11/2023
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2022-2024
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République kirghize
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12/10/2023
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2022-2024
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République kirghize
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25/09/2023
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2022-2024
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Types de restrictions
Toutes les périodes biennales et toutes les notifications
Top 10 des chapitres du SH notifiés
Toutes les périodes biennales et toutes les notifications
Top 10 des justifications de l'OMC notifiées
Toutes les périodes biennales et toutes les notifications
Top 10 des engagements non-OMC notifiés
Toutes les périodes biennales et toutes les notifications
Détails de la RQ
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Examen de politique commerciale
Dernier examen de politique commerciale (Rapport du Secrétariat de l'OMC): WT/TPR/S/411/Rev.1
A. Prohibitions et restrictions à l'importation et licences d'importation
3.94.
As at April 2020, none of the import prohibitions or restrictions had been notified as quantitative restrictions to the WTO, and the last notification regarding import licensing was from 2014, which predates the Kyrgyz Republic's membership in the EAEU.[178] According to the authorities, work is ongoing with respect to preparing the outstanding notifications for submission to the WTO.
3.93.
Pursuant to the Law on the Circulation of Medicines, the importation of drugs or medicines is limited to certain entities: manufacturers of medicines, wholesale organizations, research organizations, healthcare organizations, and individuals for personal use.[177] The same law also prohibits the importation of low-quality counterfeit medicines and drugs that have less than one third of their shelf life before expiration. The wholesale and retail distribution of medicines is also controlled (e.g. sales to entities licensed for pharmaceutical activity or to physical persons having a licence for medical activity, and to healthcare, state, and research organizations), as are the prices of medicines (Section 3.3.4.2).
3.92.
Import and export licensing and transit of certain types of specific goods are regulated by national legislation and EAEU law. By EEC Board Decision No. 30 of 21 April 2015 on Non-tariff Regulation Measures, the Unified List of Goods was approved, which includes goods where a permissive procedure for import into, or export from, the customs territory of the Union is necessary (Annex 2 to the Decision). The national legislation regulates the import, export, and transit of: (i) dual-use goods and products subject to export control and included in the National Control List of the Kyrgyz Republic of controlled products approved by Government Resolution No. 197 of 2 April 2014; and (ii) weapons and military products included in the designated list of weapons, military equipment, other military products and services subject to licensing for their export and import approved by Government Resolution No. 370 of 6 July 2011. Several laws and regulations provide detailed information on licensing procedures: (i) Law No. 41 of 2 July 1997 on State Regulation of Foreign Economic Activity; (ii) the Law on Export Control; (iii) the Law on the Licensing and Permit System in the Kyrgyz Republic; (iv) the Temporary Regulation on the Procedure for Licensing the Import and Export of Arms and Military Equipment, as well as Other Military Products, approved by Government Resolution No. 67 of 3 February 2017; (v) Regulation on the Procedure for Exercising Export Control over Controlled Products in the Kyrgyz Republic, approved by Government Resolution No. 257 of 27 October 2010; (vi) Government Resolution No. 708 of 26 December 2019 on the Procedure for Issuing an Electronic Permit Document (License/Conclusion/Permit) for the Export/Import/Transit of Goods included in the Unified List of Goods to Which Non-tariff Regulation Measures Are Applied in Trade with Third Countries on the Principle of a Single Window; and (vii) Government Resolution on Approval of the List of Expert Organizations and Licensors for Licensing the Export and Import of Specific Goods Included in the Unified List of Goods to Which Non-tariff Measures Are Applied in Trade with Third Countries, and Making Additions and Changes to Some Decisions of the Government of the Kyrgyz Republic.[176] The latter identifies the appropriate expert organization and licensor for each measure. In most cases, the Ministry of Economy is in charge of issuing licences; it operates through a licensing commission charged with reviewing and issuing licences. As part of the modernization of the SWIS, a number of measures or actions are envisaged to develop software modules for the departments concerned and to ensure interoperability of data exchange through EIS Tunduk and at the supranational level within the EAEU, including on the automation of internal business processes for issuing electronic licences.
3.91.
As regards import licensing procedures, the Appendix to Annex 7 to the EAEU Treaty sets out the main framework for import and export licences of the customs union. It gives the possibility of three types of licences one-time, general, and exclusive; most have a validity of one year. It defines automatic licences as temporary measures for monitoring or surveillance the import or export dynamics of the good. The Appendix also outlines the reasons for non-issuance of a licence and for its termination or suspension.
3.90.
In 2017, the Kyrgyz Republic launched a project to strengthen the capacity for national implementation of international agreements related to chemicals and waste, e.g. the Basel Convention, the Rotterdam Convention, and the Minamata Convention. The goal was to support institutional capacity to facilitate better implementation and strengthen the Kyrgyz Republic's legislative and regulatory framework. As a result, a number of recommendations, regulatory documents, and draft decrees were prepared to improve chemical safety.[174] Within this project, an analysis was carried out to identify ways to phase out the use of glyphosate.[175] According to the results of the analysis, it was recommended to allow reasonable use of glyphosate-based herbicides in agriculture until 2029, whereafter a subsequent ban on importation and use in the Kyrgyz Republic is envisaged.
3.89.
Import prohibitions and restrictions are controlled upon entry in the territory of the Kyrgyz Republic, pursuant to the rules of the EAEU Customs Code (Article 12) and the Kyrgyz Republic's 2019 Law on Customs Regulation (Article 8). These provisions provide for compliance with the customs importation process and rules, which may include immediate exportation or detainment by Customs in case of non-compliance.
3.88.
At the national level, the Kyrgyz Republic adopted a resolution in 2019 that is a temporary prohibition on the importation of oil and petroleum products by motor transport.[173] The measure became applicable in November 2019 and applies to such products as crude petroleum, light and medium distillates, gas oils, benzene, naphtha, furnace fuels, and other petroleum products.
3.87.
The EAEU prohibitions and restrictions are designated in a "Single List" of products for the customs union (Table A3.2).[171] The Single List entered into force on 1 January 2010 and has been amended a number of times.[172] As at April 2020, 7 items were prohibited for importation, 15 were restricted and required permission through licensing for import (non-automatic licensing), and 1 was under surveillance and subject to automatic licensing (Table A3.2). Many of the items were in place due to international conventions, such as CITES, the Stockholm Convention, and the Basel Convention, while others reflect national or regional interests. The majority of items were of a permanent nature. The Single List also contains a surveillance mechanism that was established on certain steel products that are subject to automatic licensing. It was put in place pursuant to EEC Board Decision No. 90 of 4 June 2019 and was valid from 1 January 2020 to 31 December 2020.
3.86.
The main import prohibitions and restrictions derive from the EAEU rules as contained in Articles 46 and 47 of and Annex 7 to the EAEU Treaty, which provide uniform application of non‑tariff measures vis--vis third parties. Article 46 designates common non-tariff barriers, such as prohibitions, quantitative restrictions, exclusive rights, licensing, and authorization procedures, to be put in place. In addition, Article 47 allows unilateral introduction of non-tariff barriers by a member State. The rationales for introducing unilateral non-tariff measures are defined in Annex 7: (i) protect human life and health and the environment, animals, and plants; (ii) protect cultural artefacts and heritage; (iii) prevent the exhaustion of natural resources; (iv) ensure defence and security; and (v) fulfil international and other obligations.
B. Prohibitions et restrictions à l'exportation
3.116.
The Kyrgyz Republic passed temporary provisions in 2017, which were in place until 31 December 2020, on procedures for licensing the import and export of weapons and military goods.[209] The Resolution sets out the Ministry of Economy as the relevant body for the issuance of both import and export licences and prescribes the relevant procedures and forms. For exports of these goods, an end-user certificate containing an obligation of the authorized body of a foreign state is also necessary; this is separate from the National Control List. These temporary provisions result from the accession of the Kyrgyz Republic to the EAEU. Previously, there was a general procedure for issuing permits for all types of goods approved by the Resolution, but a legal framework for export control was created within Article 2 of the Law on Export Control so that control of military goods is carried out in accordance with the legislation on military-technical cooperation. Currently, a draft law is being developed that includes military goods.
3.117.
Also, in 2017, another Resolution was passed on the Action Plan to implement UN Security Council Resolution 1540 during the period 2017-19.[210] According to the authorities, many of tasks outlined in the Plan were completed. In view of their scale, some measures of the Plan are long term; in this regard, the Plan is currently being updated and, after it is agreed upon with the respective state authorities, will be approved by the Government.
3.106.
As is the case with import prohibitions, restrictions, and licensing, the same framework on non-tariff measures also applies to export prohibitions, restrictions, and licensing (Section 3.1.5). Most importantly, the national provisions of the Kyrgyz Republic were replaced by the Single List of measures of the EAEU. The list, however, has a different composition of products impacted on the export side (Table A3.3). As at April 2020, 17 categories of products were subject to restrictions, essentially export licences, and 6 categories subject to prohibition although 2 are temporary measures due to the COVID-19 pandemic (see below).
3.115.
In 2014, the Kyrgyz Republic established its National Control List, which lists controlled products and their HS codes.[207] It harmonizes the product coverage with international non‑proliferation conventions.[208] The National Control List was developed on the basis of the EurAsEC Model Lists approved by the Decision of the Interstate Council of EurAsEC No. 190 of 21 September 2004. The Kyrgyz Republic joined, by Law No. 36 of 20 March 2019, the Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare of 17 June 1925. The Regulation on the Implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and their Destruction from 13 January 1993 was also developed. Currently, this draft has been submitted to the Government Office of the Kyrgyz Republic for approval. In addition, amendments were made by Law No. 51 of 24 April 2019 to the Export Control Law in order to implement requirements of international treaties of the Kyrgyz Republic in the field of non‑proliferation of weapons of mass destruction, their means of delivery, as well as in the field of export, import, re-export, and transit of controlled products that can be used to create weapons of mass destruction.
3.114.
The Kyrgyz Republic's main law on export control remains Law No. 30 of 23 January 2003 on Export Control that was developed to introduce and create a legal framework for the export control system; a number of related resolutions complement the legal framework (Table 3.18). The Law on Export Control underwent some amendments during the review period, but the main elements remain unchanged. In 2019, amendments were made to implement UN Security Council Resolution 1540. The Law prescribes that any foreign economic operation with controlled materials, equipment, technologies, scientific and technical information, work and services, and the results of intellectual activity can be carried out only after obtaining an appropriate permission of a state‑authorized body for export control. The main element of control is the issuance of licences for the controlled movement in transit, importation, exportation, or re-export of the established list of products.[206] The Ministry of Economy is the authorized state body to issue licences of controlled products, but it works in conjunction with other Ministries or state agencies that have expertise in the relevant field of the controlled product, e.g. defence and health.
3.113.
Unlike other export measures, export control is an area where competency rests largely with individual member States, and thus the Kyrgyz Republic continues to have its own rules and legislation on the matter. Although the Kyrgyz Republic is not a member of the main export control arrangements[205], it applies measures to control exports of certain goods, through licensing, often pursuant to other international conventions.
3.112.
It is noted that as part of its commitments pursuant to its Protocol of Accession to the WTO, the Kyrgyz Republic undertook commitments to bind its existing policies of not requiring licences for the export of agricultural products and not imposing tariffs or quotas on the export of agricultural products, except in accordance with WTO Agreements.[204]
3.111.
Thereafter, similar temporary measures were put in place in 2020 to address the ongoing situation as the original measures expired. A Government Resolution from July 2020 temporarily banned the export of certain medicines and medical devices from the Kyrgyz Republic for six months. Compared with the earlier similar measure, this Resolution is much more comprehensive and covers 118 products in total, including 56 medicines listed by international non-proprietary name and 62 categories of medical products and devices.[201] According to the authorities, this decree was adopted in order to protect the life and health of the population, prevent a critical shortage in the provision of medicines and medical products, and prevent a difficult epidemiological situation in the country.[202] Another Government Resolution from November 2020 temporarily bans the exportation of certain types of agricultural products, such as live animals, wheat, and rice, to places outside the EAEU customs territory for six months.[203] This Resolution was adopted in order to prevent a critical shortage of certain types of agricultural products and ensure the country's food security.
3.110.
Furthermore, the Kyrgyz Republic also put in place a number of temporary measures relating to COVID-19, prohibiting the export of certain products. An export ban on certain medicines and medical devices was put in place as at 3 February 2020 for six months.[197] The list of 27 products included such things as aspirin, paracetamol, ibuprofen, antibiotics, syringes, and medical masks.[198] A second similar measure was put in place on 22 March 2020, prohibiting the export of mainly foodstuffs and disinfectants, also for six months.[199] This latter measure was notified to the WTO on 23 March 2020 as a quantitative restriction with justification pursuant to Articles XI:2(a) and XX(b) of the GATT 1994.[200]
3.109.
The EAEU took a decision on 24 March 2020 in response to the COVID-19 pandemic to impose temporary export prohibitions on a range of medical products, devices, and personal protective equipment to prevent critical shortages.[195] They apply mainly to cotton wool, gauze, bandages, masks, half masks, respirator masks, respirators, filters for personal protective equipment for respiratory devices, goggles, disinfectants, shoe covers, certain types of clothing and accessories, and gloves; they were currently in force until 30 September 2020. A second similar decision was taken with respect to certain agricultural goods as at 21 April 2020. It prohibits the exportation of onions, garlic, turnips, rye, rice, buckwheat (including crushed and finished food products), millet, cereal grains, soybeans, and sunflower seeds.[196]
3.108.
The Kyrgyz Republic also put in place a number of temporary measures during the review period. In June 2019, the Government issued a decree prohibiting the export of marble and travertine, in crude, roughly trimmed, and cut forms.[191] The measure entered into force on 20 July 2019 for six months. The Kyrgyz Republic notified this measure as a quantitative restriction with the justification as Article XX(g) of the GATT 1994.[192] Another temporary measure was put in place in June 2020, banning the export of Kyrgyz limestone[193] outside the customs territory of the EAEU for six months. According to the authorities, the Resolution was adopted in order to rationalize the use of an irreplaceable natural resource and to prevent a critical shortage of raw material natural limestone shell rock at the Sary-Tash deposit.[194] This measure has not been notified to the WTO.
3.107.
The EAEU also maintains a list of products that are significantly important to the internal market in which temporary bans or export restrictions can be put in place.[190] The list has 85 categories of goods listed by HS code. The products include meat, milk, grains, flour, beans, oilseeds, vegetable oil and oilcakes, animal feed, fuels, hides and skins, wood, waste paper, wool, and various metal waste and scrap.
Base de données sur l'environnement de l'OMC (BDE)
La BDE contient des mesures relatives à l'environnement qui peuvent être considérées comme des RQ et qui devraient donc être notifiées au titre de la Décision sur les restrictions quantitatives.
Voir les mesures relatives à l'environnement prise par le Membre