State Enterprise “Single Window Centre”

State Enterprise “Single Window Centre for Foreign Trade” under the State Customs Service under the Cabinet of Ministers of the Kyrgyz Republic was established in accordance with the legislation of the Kyrgyz Republic in order to introduce the “single window” system and to implement and promote the “single window” principle in foreign trade.

The Enterprise is the legal successor of the State Enterprise “Single Window Centre for Foreign Trade” under the State Customs Service under the Cabinet of Ministers.

The founder of the Enterprise is the Cabinet of Ministers of the Kyrgyz Republic.

The state managing body of the Enterprise is the State Customs Service under the Cabinet of Ministers of the Kyrgyz Republic (hereinafter — the managing body).

In its activities the Enterprise is guided by the Constitution and laws of the Kyrgyz Republic, regulatory legal acts of the Kyrgyz Republic, international treaties that have entered into force in accordance with the legislation of the Kyrgyz Republic, decisions of the managing body and this Regulation.

The Enterprise is a legal entity operating in the organisational and legal form of a state enterprise based on the right of economic management; it has separate property and operates on a self-financing basis.

The Enterprise has a seal bearing the State Emblem of the Kyrgyz Republic with its name in the state and official languages, an independent balance sheet, settlement and other accounts in national and foreign currency in banking institutions of the Kyrgyz Republic and foreign banks, a seal, letterheads with its corporate name, a stamp and other attributes.

Full corporate name of the Enterprise:

– in the state language: «Кыргыз Республикасынын экономика жана коммерция министрлигинин алдындагы «Тышкы соода чойросундогу «Бирдиктуу Терезе» борбору» мамлекеттик ишканасы»;

– in the official language: «Государственное предприятие «Центр «единого окна» в сфере внешней торговли» при Государственной таможенной службе при Министерстве финансов Кыргызской Республики».

Abbreviated corporate name of the Enterprise:

– in the state language: БТБ МИ;

– in the official language: ГП ЦЕО.

Legal address of the Enterprise: 720002, Kyrgyz Republic, Bishkek, Chui Avenue, 106.

Amendments to this Charter are made in accordance with the legislation of the Kyrgyz Republic.

The Enterprise is not liable for the obligations of the Kyrgyz Republic, except where it has assumed a surety (guarantee) for the obligations of the state.

The representative office and branch of the Enterprise operate on the basis of regulations approved by it.

The Enterprise bears full responsibility for the activities of its branches and representative office.

1) Purpose of the Enterprise

The Enterprise carries out its activities in order to simplify trade procedures by ensuring that applicants can obtain, in an accessible, simple and prompt manner, the permits and licences needed to regulate import and export operations.

2) Tasks and functions of the Enterprise

The main tasks of the Enterprise are:

1) creation of the “single window” system;

2) organisation, development and provision of services and ensuring proper functioning of the “single window” system in carrying out pre-customs procedures in import and export activities for foreign trade participants.

In accordance with the tasks assigned to it, the Enterprise performs the following functions:

1) takes part in implementing and promoting the “single window” principle in foreign trade;

2) provides information and consultations on the procedure, conditions of operation and development of the “single window” system to individuals and legal entities that are foreign trade participants;

3) keeps records of and registers foreign trade participants;

4) exchanges information, in accordance with the established procedure, between state bodies and individuals and legal entities within the “single window” principle;

5) ensures public access to the regulatory legal acts of the Kyrgyz Republic and other documents on foreign trade activity in accordance with the established procedure;

6) carries out automated transfer of documents between interested parties in order to provide information, communication and other services in foreign trade;

7) coordinates and monitors the activities of state bodies, individuals and legal entities involved in processing export and import operations within the “single window” principle;

8) creates, maintains and updates the electronic regulatory legal database of the “single window” system;

9) provides statistical and other information to the relevant state bodies and other individuals and legal entities within the “single window” system;

10) prepares and submits to the managing body information on monitoring the results of the activities of state bodies, individuals and legal entities and other information on the activities of the Enterprise;

11) submits to the managing body reports on the activities of the Enterprise and the effectiveness of the “single window” system;

12) in agreement with the managing body, cooperates and exchanges experience with international organisations and institutions on introducing the “single window” principle in foreign trade;

13) maintains, collects, records and stores documents in paper and electronic formats;

14) collects fees for services of processing the relevant documentation within the “single window” system, and also pays state bodies for services in accordance with the established procedure;

15) ensures the safekeeping and intended use of property transferred to it under the right of economic management;

16) carries out other types of activity provided for by the legislation of the Kyrgyz Republic.

17) the enterprise is not the owner of property transferred to it under the right of economic management.

The Enterprise uses the funds and property transferred to it for activities that do not contradict the legislation of the Kyrgyz Republic and are defined by this Charter.

3) Rights and obligations of the Enterprise

To carry out the tasks and functions defined by this Charter, the Enterprise has the right to:

1) submit to the managing body proposals for improving activities to implement and promote the “single window” principle in foreign trade;

2) submit to the managing body proposals for improving regulatory legal acts of the Kyrgyz Republic in the sphere of foreign economic and foreign trade activity;

3) interact with state and non-state bodies involved in administering foreign trade operations, and with individuals and legal entities;

4) request and receive information for keeping records of and registering foreign trade participants from the relevant state and non-state bodies, individuals and legal entities within the “single window” system;

5) keep records of and register data of foreign trade participants in accordance with the established procedure;

6) within the “single window” system, receive, transfer and exchange documentation with agencies/organisations involved in the “single window” system and with applicants in order to issue permits for conducting foreign economic activity;

7) provide information services through the electronic database of regulatory legal acts of the Kyrgyz Republic in the sphere of foreign trade and by other means to foreign trade participants, individuals and legal entities;

8) take measures to ensure the safekeeping of state property under the economic management of the Enterprise;

9) in agreement with the managing body, lease out, in accordance with the established procedure, real estate transferred to it under the right of economic management;

10) in agreement with the managing body, open representative offices and take part in founding legal entities (foundations, associations (unions), non-profit and commercial organisations) in the territory of the Kyrgyz Republic and abroad, in compliance with the legislation of the Kyrgyz Republic and the legislation of foreign states at the location of the representative offices, unless otherwise provided by international treaties;

11) have separate property, acquire property and personal non-property rights in its own name, and act as plaintiff and defendant in courts of general jurisdiction;

12) determine the scope of work and services performed, based on the needs of foreign trade participants, individuals and legal entities;

13) conclude contracts with legal entities and individuals in accordance with the goals and tasks of the Enterprise;

14) make cashless and cash settlements with individuals and legal entities for the purchase of material resources and other property in accordance with the established procedure;

15) in agreement with the managing body, create relevant territorial services in the territory of the Kyrgyz Republic in accordance with this Charter;

16) use credit funds obtained on a commercial basis, in national and foreign currency, from legal entities and individuals;

17) approve prices for the services provided in accordance with the established procedure;

18) engage specialists for consultations, training of employees of the Enterprise and other services under civil law contracts;

19) send employees of the Enterprise to take part in conferences, seminars and other events, and on business trips, including abroad;

20) train employees of the Enterprise to improve their qualifications at the expense of the Enterprise;

21) engage citizens to perform work at the Enterprise under employment agreements, fixed-term employment contracts, contracts for services and other civil law contracts in accordance with the labour legislation of the Kyrgyz Republic;

22) act as an advertiser;

23) provide information, communication, statistical and consulting services on a paid and free basis;

24) The Enterprise is not liable for the obligations of the state and its bodies;

25) carry out other activity that does not contradict the legislation of the Kyrgyz Republic.

The working hours and rest time of employees of the Enterprise, their social security and social insurance are established in accordance with the labour legislation of the Kyrgyz Republic.

The Enterprise provides its employees with benefits in accordance with the labour legislation of the Kyrgyz Republic.

The Enterprise is obliged to:

1) ensure the most effective performance of the tasks and functions assigned to it in accordance with the legislation of the Kyrgyz Republic and this Charter;

2) submit to the managing body reports on the activities of the Enterprise;

3) submit to the managing body information on monitoring the results of the activities of the state bodies, individuals and legal entities involved, and other information in accordance with this Charter;

4) determine, in agreement with the managing body, the forms and systems of remuneration of employees and decide on introducing summarised recording of working time;

5) fulfil its obligations under the legislation of the Kyrgyz Republic and concluded contracts;

6) provide social, medical and other types of compulsory insurance for employees of the Enterprise, as well as safe working conditions, and bear liability, in the manner established by the legislation of the Kyrgyz Republic, for harm caused to the health and working capacity of employees of the Enterprise;

7) submit the Enterprise’s reports to tax and other authorities in a timely manner and pay taxes and other charges in the procedure and amounts defined by the legislation of the Kyrgyz Republic.

Employees of the Enterprise are obliged to keep state, commercial, official and other legally protected secrets, including after termination of work at the Enterprise.

The Enterprise bears liability for breach of contractual, credit, settlement, tax and other obligations in accordance with the legislation of the Kyrgyz Republic.