The law «About introduction of a visa-free regime for citizens of some states within 60 days»

The president of the Kyrgyz Republic Almazbek Atambayev signed the Law «About introduction of a visa-free regime for citizens of some states within 60 days».

President Almazbek Atambayev signed the Law «About introduction of a visa-free regime for citizens of some states within 60 days». The law is adopted with a view of simplification of procedures of issue of visas to foreign citizens and increases of appeal of the tourist market, development of tourism and attraction of investments.

Purpose, tasks and subject of regulation of the Law. Legal relations in the field of external migration and legal bases of external migration are regulated by the Law of the Kyrgyz Republic «About external migration» from July 17, 2000 of N 61.

According to article 5-1 of this Law:
«The Kyrgyz Republic unilaterally or on the basis of entered in established by the law an order owing to the international treaty which participant is the Kyrgyz Republic with a view of development friendly, good-neighborhood, strengthening’s of economic, commercial, scientific and technical, cultural and other relations enters a visa-free regime in relation to the foreign states. The visa-free regime entered by the Kyrgyz Republic unilaterally, is carried out on the basis of initiated by the Government of the Kyrgyz Republic and the accepted parliament of the Kyrgyz Republic of the relevant law of the Kyrgyz Republic».

I.e. the visa-free regime is unilaterally entered on the basis of the Law, in a bilateral (multilateral) order — on the basis of the international treaty ratified by the Law. Possibility of introduction unilaterally a visa-free regime was entered by a way of adoption of law into the Law «About external migration» only in 2005, regulations on registration cancellation for citizens of the countries with whom the simplified or visa-free regime operates then were introduced, and also concepts about the simplified and visa-free modes (The law «About introduction of additions and changes are entered into the Law «About external migration» by No. 125 from 06.08.2005). Till this time the visa-free regime was unilaterally entered by the resolution of the government in 2001 for citizens of Japan, and also step by step for owners of diplomatic passports of 13 countries – members of the WTO and the Schengen agreement.

On the basis of the specified provisions by the Government it is initiated, and to parliament the Law «On June 14, 2012 is passed about introduction of a visa-free regime for citizens of some states within 60 days».

The law is adopted with a view of simplification of procedures of issue of visas to foreign citizens and increases of appeal of the tourist market, development of tourism and attraction of investments. In these purposes the Law enters unilaterally a visa-free regime within 60 days for citizens of 44 states according to the list enclosed to the Law (is applied).

Thus, the Government offered 90-day term of visa-free stay which with a view of harmonization with the Law «About external migration» was reduced at acceptance to Parliament about 60 days. The list from the 41st country, offered by the Government, was during consideration in Parliament, with the consent of the Ministry of Foreign Affairs, is added with three countries: State of Qatar, State of Brunei-Darussalam, Kingdom Bahrain.

According to Government justification, the list of the countries concerning which citizens the unilateral visa-free regime is entered, was created proceeding from criterion — gross domestic product level per capita over 7 thousand dollars USA.

Among 44 – x the countries included in the list — 29 members (from total number of the 34th member countries) the Organizations for Economic Cooperation and Development (OECD), except for members of OECD: Turkey (from which there is an agreement on a visa-free regime on a mutual basis for the term up to 30 days), Japan (for which citizens the unilateral visa-free regime within 10 years operates), and also Mexico, Chile and Israel. It is necessary to note that the accepted list included 44 of 67 the countries which are included into the List of the foreign states approved by the Government on which citizens the simplified visa regime (the resolution No. 87 the simplified visa regime extends from 07.02.2009 was established for 45 countries, with the subsequent additions — on 11 countries in 2010 and 2011).

Period of validity of the Law
Article 3 of the adopted Law defined its action «till December 31, 2020», thus, the resolution Parliament about adoption of this Law (from June 14, 2012 of N 2020-V) it is entrusted «To the Ministry of Foreign Affairs of the Kyrgyz Republic to inform the countries concerning which citizens the visa-free regime is unilaterally entered, information that the visa-free regime for their citizens is entered within December 31, 2020 and in case of achievement put before the Law it will be more whole is entered on a termless basis».

It is necessary to note that Parliament (item 2) is entrusted to the Government by also specified resolution: «to consider the offer on introduction of obligatory medical insurance of all foreign citizens for their stay in the Kyrgyz Republic; to speed up work on introduction of the automated system of boundary control when crossing frontier on all check points».

The list of the states concerning which citizens the unilateral visa-free regime within 60 days is entered

1. Australian union
2. Republic Austria
3. Kingdom Belgium
4. Bosnia and Herzegovina
5. Vatican
6. United Kingdom of Great Britain and Northern Ireland
7. Hungary
8. Federal Republic Germany
9. Kingdom of the Netherlands
10. Greek Republic
11. Kingdom Denmark
12. Iceland
13. Ireland
14. Kingdom Spain
15. Italian Republic
16. Canada
17. Republic of Korea
18. State of Kuwait
19. Latvian Republic
20. Lithuanian Republic
21. Principality Liechtenstein
22. Great Duchy Luxembourg
23. Republic Malta
24. Principality of Monaco
25. New Zealand
26. Kingdom Norway
27. United Arab Emirates
28. Republic Poland
29. Portuguese Republic
30. Kingdom Saudi Arabia
31. Republic Singapore
32. Slovak Republic
33. Republic Slovenia
34. United States of America
35. Finnish Republic
36. French Republic
37. Republic Croatia
38. Czech Republic
39. Swiss Confederation
40. Kingdom Sweden
41. Estonian Republic
42. State of Qatar
43. State of Brunei-Darussalam
44. Kingdom Bahrain