In June 2024, the Kyrgyz parliament handed a regulation banning e-cigarettes set to take impact on July 1, 2025, pending the president’s signature. Deputies Shairbek Tashiev and Alisher Kozuev launched the invoice with the aim of safeguarding younger folks’s well being. Nonetheless, some stakeholders within the “tobacco dialogue” query the efficacy of this method. Notably, solely vapes are banned by the regulation, whereas IQOS – a line of heated tobacco merchandise manufactured by Philip Morris Worldwide – had been excluded.
The affect of varied foyer teams in Kyrgyzstan is well-documented, with lots of of articles, journalistic investigations, educational research, and NGO analyses obtainable on-line. In recent times, a number of legislative adjustments have raised public concern and debate about lobbying within the nation.
In 2020, Kyrgyzstan’s parliament handed a controversial regulation permitting the parallel design and building of high-rise residential buildings and public amenities. Deputies had reviewed the identical amendments in 2016 and 2017, however they had been rejected. On the time, civil activists held peaceable protests towards the adjustments, with critics alleging that the amendments would allow building to start with out official paperwork – design or survey work, for instance – and finally result in unsafe building.
The next 12 months, in 2021, deputies permitted a invoice to determine a particular playing zone in Issyk-Kul, which was signed into regulation by President Sadyr Japarov in 2022. However the story didn’t finish there. On October 30, 2024, deputies swiftly handed amendments to the “Legislation on Playing Actions of the Kyrgyz Republic,” proposed by the Cupboard of Ministers. The brand new amendments now enable casinos to be established inside authorities buildings.
The banking foyer has additionally drawn consideration. The Civic Platform Public launched an evaluation in 2020 addressing proposed amendments to legal guidelines governing the Nationwide Financial institution’s operations, indicating vital lobbying efforts by monetary stakeholders.
Freedom of the press is one other vital space of concern. In December 2023, a draft regulation on media was launched in parliament. Human rights activists and attorneys warned that the regulation, some sections of which had been reportedly plagiarized from Russian sources, might severely prohibit press freedom. In January 2024, a number of editorial workplaces had been searched and practically a dozen journalists had been arrested. Felony circumstances had been opened towards the information company 24.kg and 11 journalists who all both at the moment or previously labored for Temirov Dwell had been placed on trial. On October 10, two of the journalists had been sentenced to jail time – six and 5 years – whereas two others got three-year probation sentences. Individually, in September Kyrgyzstan’s Supreme Court docket upheld a decrease courtroom’s choice February to liquidate Kloop Media.
The tobacco foyer, although much less seen, additionally wields affect. Main tobacco trade gamers are believed to have direct entry to sure parliamentarians, some extent raised publicly by Deputy Dastan Bekeshev, who highlighted their impression on legislative selections.
It Makes No Sense to Ban, It Makes Sense to Regulate
Bekeshev, who opposed the ban, argued that excise taxes on e-cigarettes could be simpler than prohibition, given challenges in enforcement. He cited Kazakhstan’s expertise. Comparable bans in Kyrgyzstan’s northern neighbor have resulted in an increase in smuggling and gross sales via casual channels like messaging apps. He additionally highlighted a current incident involving a police officer’s alleged extortion of a teen utilizing e-cigarettes. Bekeshev fears extra incidents of this nature, together with elevated corruption potential if a ban is enforced.
The regulation consists of vital penalties for violations. Fines for people utilizing vapes are set at 10,000 soms ($116), and for authorized entities, 60,000 soms ($700). Promoting vapes might result in fines of fifty,000 soms ($582) for people and 65,000 soms ($760) for authorized entities. Importing vapes would carry a penalty of 150,000-200,000 soms ($1,750-$2,330) or one to 2 years of imprisonment.
Bekeshev voiced considerations over the disparity in fines, noting, “20,000 soms for gentle medicine, and 40,000 for vapes?”
This potential for corruption, notably involving youth, was echoed by Deputy Elvira Surabaldieva, who acknowledged that enormous fines would possibly result in bribery: “In the event that they catch a smoking teenager, they might demand: ‘Give me 20,000, or face a 40,000 tremendous,’ creating fertile floor for corruption.”
Oversight of the ban’s enforcement stays unsure. Sardar Mayrykov, govt director of the OPORA Affiliation, which promotes options and alternate options throughout the framework of hurt discount for alcohol and tobacco-related points, instructed that duty would possibly fall to the Ministry of Inside Affairs. With a year-long transition interval for suppliers, Mayrykov expects the time can be used to finalize and coordinate enforcement mechanisms and related laws.
New Corruption Feeder for the Safety Forces
Underneath the present Tax Code charges, excise taxes on tobacco merchandise (together with vapes) are projected to generate $78.3 million (about 6.97 billion soms) for Kyrgyzstan’s funds this 12 months. From January to June 2024, excise taxes on tobacco merchandise imported from Eurasian Financial Union (EAEU) member states contributed 2.53 billion soms. In response to Customs Service information, Kyrgyzstan imported $3.37 million in vapes and associated merchandise within the first half of 2024, barely exceeding the $3.35 million imported all through 2023. China has been the main provider over the previous 2.5 years, accounting for 78 p.c ($6.6 million) of vape imports, adopted by South Korea ($1 million) and Malaysia ($0.6 million), with the UAE and Thailand trailing behind.
Following the brand new regulation’s implementation in 2025, Kyrgyzstan’s funds might lose roughly 300-400 million soms ($3.5-4.7 million) yearly. Banning authorized vape gross sales might increase the shadow market, probably resulting in elevated availability of low-quality merchandise, an increase in tobacco smoking charges, and a discount in authorities income.
As Ulukbek Turdubekov, a consultant of the Worldwide Enterprise Council of Kyrgyzstan, emphasised, considering the rise in excise tax by 15 p.c yearly, the quantity misplaced would solely enhance. He careworn that if IQOS had been banned, the funds would lose 3-4 instances extra. In response to his forecasts, the cash coming into the funds through excise taxes at the moment will, after the regulation goes into impact, go into the pockets of customs officers, because it was earlier than the regulation started to control the vape enterprise.
Turdubekov outlined two doubtless eventualities post-ban: both the vape trade will shut down solely, or earnings will movement via customs “informally,” citing Kazakhstan’s expertise the place the vaping market stays largely unlawful and the ban solely heightened this situation.
The invoice, nonetheless, seems to comprise favorable provisions for main gamers. Notably, it permits manufacturing and exporting e-cigarettes, enabling firms to proceed manufacturing in Kyrgyzstan for worldwide markets. As an example, in March 2024, Cupboard Chairman Akylbek Japarov visited the Middle Asia Tobacco plant in Tokmok, which manufactures tobacco merchandise, together with e-cigarettes. The plant, which goals to create 2,000 jobs with a $500 million funding, plans to export to China, Asia, and Arab international locations – a notable choice provided that China is the first vape provider to Kyrgyzstan.
In June, one other legislative transfer sparked debate. Parliamentarian Marlen Mamataliev proposed amendments to permit e-cigarette manufacturing within the Bishkek Free Financial Zone, offering preferential circumstances to 2 firms. This led Deputy Surabaldieva to boost considerations about favoritism, arguing that if defending youth is the precedence, such exemptions undermine that aim.
“It looks like opponents had been pushed out, leaving two firms in a privileged place. This seems to be a blatant lobbying effort that bypasses truthful competitors,” she remarked.
Kyrgyzstan Violates WTO guidelines?
Turdubekov expressed skepticism in regards to the declare that firms will restrict manufacturing to exports solely.
“It appears somebody is attempting to monopolize the market to manage manufacturing, gross sales, and export of e-cigarettes. It is a blatant violation of WTO ideas. In response to commerce laws, international locations can set inside restrictions so long as they’re non-discriminatory. How are you going to ban imports whereas permitting exports? What does that imply for the WTO framework?” he argued.
As a member of the EAEU, Kyrgyzstan should additionally adhere to the financial union’s regulatory requirements. In response to the EAEU’s pointers on the circulation of those merchandise, member states are inspired to control quite than ban them outright. The rules state that member states should take all crucial actions to limit and take away from circulation any nicotine-containing merchandise that fail to fulfill the EAEU’s technical necessities.
World Epidemic of Vaping
Kyrgyzstan adopted the Tobacco Management Legislation in 2006 and concurrently joined the Framework Conference on Tobacco Management. Nonetheless, full regulatory documentation for presidency and supervisory actions was not initially established. In 2021, Japarov signed the Legislation “On the Safety of Residents’ Well being from the Results of Tobacco Consumption, Nicotine, and Publicity to Ambient Tobacco Smoke and Aerosol,” which addressed beforehand neglected particulars.
“The president signed a very progressive invoice,” stated WHO knowledgeable Alina Talantbekova, referring to the 2021 regulation. “Kyrgyzstan has been highlighted for example for different international locations, even throughout Europe, from Iceland to Tajikistan. The regulation covers digital cigarettes and comparable merchandise. We could also be delayed with the supporting laws, however the regulation itself is strong.”
In response to the WHO, though the long-term well being results of e-cigarettes will not be absolutely understood, they’re identified to launch poisonous substances, together with some which are carcinogenic and others that heighten the chance of coronary heart and lung illnesses.
In 2019, a examine amongst youngsters aged 13 to fifteen revealed that one in 5 younger people who smoke had tried smoking by the age of seven. As Talanbekova stated, a subsequent survey performed by World South with 5,600 schoolchildren throughout Kyrgyzstan’s areas discovered that vapes and hookahs had already reached rural areas.
“Vapes are available all over the place, with youngsters and youths lining as much as purchase them. We don’t absolutely perceive the impression on creating our bodies,” Talantbekova emphasised.
Clear Lungs or Soiled Lobbying?
Deputy Bekeshev has repeatedly been on the heart of high-profile tobacco-related controversies in Kyrgyzstan’s parliament. In March 2023, discussions on Tax Code amendments led to a corruption scandal. Bekeshev detailed the incident on his web site, describing an intense debate over taxes on heated tobacco merchandise. He warned his colleagues {that a} proposed tax discount would slash funds revenues by 300 million soms, predicting that the dispute would possibly evolve right into a prison case sooner or later. Regardless of his warnings, the proposal handed.
“IQOS gained, Kyrgyzstan misplaced,” his weblog concluded.
Two years in the past, a video appeared on-line alleging that staff of one of many main tobacco firms had been writing legal guidelines on cigarettes for Kyrgyzstan. Formally, the Division for Technical Regulation of the Ministry of Financial system and Commerce and the Affiliation of Suppliers (Producers and Distributors) ready the technical laws but it surely appeared {that a} Kazakh citizen, who labored for a big tobacco firm, was the writer. The one member of the the Affiliation of Suppliers from the tobacco trade was an organization that provides IQOS to Kyrgyzstan. The ensuing technical laws approached IQOS otherwise than different heated tobacco merchandise.
“Tobacco firms’ affect right here is extensively identified,” stated Talantbekova. “In response to the regulation, they shouldn’t be concerned in coverage or regulatory improvement, but I nonetheless see them at conferences.”
This involvement contravenes Article 5 of the WHO Framework Conference, which explicitly goals to protect nationwide insurance policies from tobacco trade affect. But, as in lots of Central Asian international locations, Kyrgyzstan continues to face challenges because of the robust affect of the tobacco foyer.
Turdubekov famous two principal motivations behind legislative adjustments: public profit, for instance when it comes to elevated funds income; and private pursuits, that are incessantly prioritized. These private motives, he defined, can embrace the elimination of opponents and the safety of a enterprise sector the place the initiator of a regulation has his personal enterprise.
“Any adjustments to the regulation typically stem from private pursuits. I haven’t seen different motives,” he remarked.