I would like to inform you that on 18^th February 2009, Members of the Kyrgyz Parliament Ishak Masaliev, Arapbay Tolonov and Nurgazy Aydarov initiated amendments to existing laws of Kyrgyz Republic on “Non-Profit-Organizations”.

In our opinion, of particular concern in the proposed amendments are provisions relating to the strengthening and expansion of state financial and administrative control over non-profit organizations (hereinafter «NPO»). The provision of judicial authority to check all internal documents of the NPO, to prohibit the funding of NPOs, to terminate and liquidate the NPO at its sole discretion, without a court decision to limit and perhaps prohibit persons including foreigners to act as founders and members of NGOs, to limit participation in informal networks, and more. All of the abovementioned will lead to a profanation of the full development of civil society, in particular, the private sector through business associations and as a consequence through community service initiatives from the business community.
In this regard, we share the opinion of the International Center of not-for-Profit Law (ICNL, LLC), addressed to all interested parties in the form of analysis to the amendment Act «Non-profit organizations». In addition, the proposed amendments to the law raise serious concerns among business associations of Kyrgyzstan, in particular NABA, as directly violating democratic principles and safeguards set forth in the Constitution of KR and international treaties of the United Nations, where KR is a member. For your information, NABA is currently planning to send a letter to the President, the Prime Minister and other senior officials to prevent the adoption of these amendments. The AmCham is an active member of the NABA.
We kindly ask the AmCham members to send comments and suggestions via email by the end of this week.

Attachment: ICNL LLC analysis of proposed amendments to the Law of the Kyrgyz Republic “On noncommercial organizations” from March 10, 2009.

ICNL LLC analysis