Arbitration as the Method of Settlement of Investment Disputes against the Kyrgyz Republic
AKIpress Analytics section, March 19, 2013

The Kyrgyz Republic has already participated in several arbitration proceedings. Therefore, it might be reasonable to analyze peculiarities of legal regulation of arbitration in the KR, the causes and consequences of arbitration disputes and make relevant conclusions…

What risks foreign investors should take into account while investing into the Kyrgyz mining sector,
The Times of Central Asia, March 1, 2012.

Overview of Anti-Corruption Laws in Kyrgyz Republic,
Comparative Summary of Anti-Corruption Laws in the CIS Economic Region, 2011,
The CIS Leading Council Network.

What a foreigner should know about tax regime in the Kyrgyz Republic?
The Times of Central Asia, publication expected.

Kyrgyzstan is not an offshore zone and does not provide tax exemptions, but the rates of many of them are not very high.

Registration of the Aircraft in the Kyrgyz Republic: 10 Frequently Asked Questions

1. What is an aircraft according to Kyrgyz law?

Kyrgyz law defines an aircraft as any apparatus supported in the atmosphere due to its interaction with air.

2. Does Kyrgyz law require the registration of aircrafts?

Yes, however, aircrafts which are registered in another country are not required to be registered in the Kyrgyz Republic.
Meteorological balloons, as well as gliders and aerostats used exclusively for meteorological purposes or to unmanned free balloon or balloons without payload and other similar aircraft are not required to be registered in the Kyrgyz Republic. They are however, still subject to a special accounting procedure by the Civil Aviation Authority. All civil aircrafts which are not registered in a foreign state and which are operated in the Kyrgyz Republic must be registered with the Civil Aviation Authority.

3. What is the effect of registering an aircraft?

The registration of an aircraft with the Civil Aviation Authority is merely evidence of compliance with Kyrgyz law and permits operation of an aircraft in the Kyrgyz Republic. It does not constitute the registration of the transfer of a title to an aircraft, nor does the Certificate of Registration evidence ownership of an aircraft.

4. What documentation is required to register an aircraft with the Civil Aviation Authority?

In order to register an aircraft in the Kyrgyz Republic, the owner or operator must submit the following documents to the Civil Aviation Authority, including:
- the completed standard application form;
- certificate of airworthiness or standard form report on an aircraft’s technical condition confirming the airworthiness of the aircraft;
- type certificate;
- sales-purchase agreement or other document evidencing ownership of the aircraft;
- lease agreement or other document evidencing right of use of the aircraft by the operator, who is not the owner of the aircraft;
- export certificate of airworthiness, recognized in the Kyrgyz Republic, in case of aircraft imported to the Kyrgyz Republic;
- act or other document that contains a list of operational, technical and other documentation, as well as a removable and other equipment of the aircraft in accordance with the technical documentation and its purpose.

5. What are the registration fees?

There is no fee payable for the registration of an aircraft. At present, services for registering an aircraft with the Civil Aviation Authority are free of charge.

6. Once a Certificate of Registration has been issued, can it be amended?

Kyrgyz law requires that the owner or operator of an aircraft registered in the Kyrgyz Republic, immediately notify the Civil Aviation Authority of any changes in data.
Replacement of Certificate of Registration will usually be done if:
- there has been a modification to an aircraft and/or a change in its ownership; or
- a Certificate of Registration has been damaged to the point that it is difficult to read or completely illegible.

7. Is there a requirement for the registration of a pledge on an aircraft?

Yes. According to Kyrgyz law, an aircraft must be registered by the pledgee (creditor), with the Central Pledge Registration Office under the Ministry of Justice. The registration has the effect of giving public notice and prioritizes against the claims of other creditors and third parties.
If an aircraft is subject to more than one pledge then the respective pledgees' claims then are satisfied on a first-come, first-serve basis, by reference to the date and time of each pledge registration. Thus, the pledgee who first registered a security interest in the aircraft will have priority over subsequent pledges registered by other pledgees’.

8. Which major international conventions on aviation has the Kyrgyz Republic ratified?

In 1992, the Kyrgyz Republic ratified the Convention on International Civil Aviation (Chicago, 1944). The Kyrgyz Republic also ratified the Convention on the International Recognition of Rights in Aircraft (Geneva, 1948) in 1999.
The Kyrgyz Republic has not ratified the Convention for the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft (Rome, 1933) or the Convention on International Interests in Mobile Equipment (Cape Town, 2001).
As of March 2013

9. What documents are required to deregister an aircraft?

In order to deregister an aircraft in the Kyrgyz Republic the aircraft operator/owner shall provide the following documents to the Civil Aviation Agency:

a) standard aircraft de-registration application;
b) document confirming the fact of decommissioning or withdrawal from service of the aircraft, in case if the aircraft was decommissioned or withdrawn from service;
c) report on mechanical condition of the aircraft, in case if it is necessary to issue the Export Airworthiness Certificate;
d) document confirming the obligations of the state of export of the aircraft to register the aircraft in its register, in case of submission of the de-registration application with the purpose to export or register the aircraft in another state;
e) the original Certificate of Registration.

Upon request of the operator/owner or another state the Civil Aviation Agency while de-registering the aircraft issues a Certificate of De-registration.

10. Which major documents of international aviation law has the Kyrgyz Republic ratified?

Starting from 1992 to date the Kyrgyz Republic has ratified the following documents of international aviation law:

- Convention on International Civil Aviation (Chicago, 1944);
- Convention on the International Recognition of Rights in Aircraft (Geneva, 1948);
- Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 1929);
- Convention Suppelementary to the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air (Guadalajara, 1961);
- Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 1963);
- Convention for the Suppression of Unlawful Seizure of Aircraft (Hague, 1970);
- Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal, 1971);
- Convention on the Marking of Plastic Explosives for the Purpose of Detection;
- International Air Services Transit Agreement (Chicago, 1944).

Information about the documents of international aviation law, ratified by the Kyrgyz Republic Republic, in more details can be found on the website of the Civil Aviation Agency (www.caa.kg).

 

 

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