ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 27, 2018 No. 303

About some questions in the field of transactions with precious metals and gemstones

For the purpose of market development of precious metals, according to Articles 3, 4 and 11 Laws of the Kyrgyz Republic "About precious metals and gemstones", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Regulations on procedure for approbation and branding of jewelry and other household products from precious metals in the Kyrgyz Republic according to appendix 1;

- Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic according to appendix 2;

- Procedure for reference of unique amber educations to gemstones according to appendix 3.

- Regulations on accounting, storage and transportation of precious metals and gemstones, and also accounting according to appendix 4.

2. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 13.12.2023 No. 675

3. Bring in the order of the Government of the Kyrgyz Republic "About streamlining of trading activity in the territory of the Kyrgyz Republic" of September 30, 2014 No. 560 the following changes:

- third Item 1 to declare the paragraph invalid;

in Rules of work of Items of buying up at the population of precious metals, stones and products from them approved by the above-stated resolution:

- to declare paragraph two of Item 1 invalid;

- declare Item 3 invalid;

- in paragraph five of Item 5 of the word", the state assay brands of the Kyrgyz Republic having on themselves prints" to exclude;

- declare Item 8 invalid;

- in Item 10:

word in paragraph one"," to exclude removal of fonts;

in the paragraph the second to replace the words "Commodity researcher buyer" with the word "Buyer";

- declare Item 11 invalid;

- in Item 12:

to state paragraphs of the first and second in the following edition:

"12. In register of buying up of values from precious metals and gemstones are specified:

name (earrings, rings, set, chain, etc. or their scrap), weight, test, amount;";

the fourth to declare the paragraph invalid;

- paragraphs first and third Item 13 to recognize invalid;

- declare Item 14 invalid;

- recognize form 1 invalid.

4. Declare invalid:

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the state assay supervision of the Kyrgyz Republic" of August 1, 1994 No. 551;

- the order of the Government of the Kyrgyz Republic "About approval of the Sign of the state assay brand of the Kyrgyz Republic for jewelry and household products from precious metals" of January 23, 1996 No. 29;

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on tests and branding of jewelry (household) products from precious metals in the Kyrgyz Republic" of January 9, 1997 No. 15;

- the order of the Government of the Kyrgyz Republic "About entering of amendment into the order of the Government of the Kyrgyz Republic of August 1, 1994 No. 551 "About approval of the Regulations on the state assay supervision of the Kyrgyz Republic" of April 10, 1997 No. 203;

- the order of the Government of the Kyrgyz Republic "About branding the state assay brand of jewelry (household) products from the precious metals imported from abroad and held for sale" of April 8, 1999 No. 200;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of August 1, 1994 No. 551 "About approval of the Regulations on the state assay supervision of the Kyrgyz Republic" of July 29, 2000 No. 460;

- the order of the Government of the Kyrgyz Republic "About measures for development of export-oriented production of jewelry" of December 8, 2003 No. 761;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of December 8, 2003 No. 761 "About measures for development of export-oriented production of jewelry" of February 1, 2005 No. 52;

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic of December 8, 2003 No. 761 "About measures for development of export-oriented production of jewelry" of July 20, 2007 No. 277;

- the order of the Government of the Kyrgyz Republic "About approval of Rules of branding of jewelry (household) products from precious metals" of November 5, 2010 No. 264.

5. This resolution becomes effective after fifteen days from the date of official publication.

Appendix 1

Approved by the Order of the Government of the Kyrgyz Republic of June 27, 2018 No. 303

Regulations on procedure for approbation and branding of jewelry and other products from precious metals in the Kyrgyz Republic

1. General provisions

1. This Provision establishes types of tests for jewelry and other household products from precious metals in the Kyrgyz Republic, the extent of the minimum values of tests and procedure for carrying out approbation and branding of jewelry and other products from precious metals in the Kyrgyz Republic.

2. In this Provision the following terms are used:

jewelry and other products from precious metals - the products made of precious metals and their alloys and having tests are not lower than the established minimum tests, including with use of different types of decorative processing, with inserts from gemstones, other materials of natural or artificial origin or without them, applied as different jewelry, utilitarian household items and (or) to the cult and decorative purposes, accomplishment of rituals and ceremonies, and also memorable, anniversary and other signs and medals, except for the coins which underwent issue and the state awards which statute is determined according to the legislation of the Kyrgyz Republic;

test - quantity of mass fractions of chemically net precious metal on 1 thousand mass fractions of alloy of precious metal;

the state assay brand - the sign of the established sample put with authorized state body on realization of state policy in the field of production, uses, addresses, accounting and storage of precious metals, gemstones and products from them, to accomplishment of transactions with the specified values in the territory of the Kyrgyz Republic (further - authorized state body) on jewelry and other products from precious metals and certifying test of precious metal in such product;

alloy of precious metal - solid solution from two or more metals, at least one of which is precious;

covering (plating) by precious metal - the layer of precious metal or alloy of precious metal applied on all product or its part with chemical, electrochemical, mechanical or other physical method;

approbation - determination or confirmation of test of jewelry and other products from precious metals by the methods established by state standard of KMC 1179:2009;

branding - drawing print of the state assay brand on jewelry and other products from precious metals mechanical, laser and electrospark by methods;

the main assay brand - brand which when imposing on jewelry and other products has independent value;

the additional assay brand - the brand which does not have independent value and in case of branding of jewelry and other products is applied in combination with one of the main assay brands;

mark - special sign which print is put by the manufacturer on all jewelry and other products made by it from precious metals, registered in authorized state body and containing information on his manufacturer in encrypted form;

the analysis - determination of chemical composition of precious metal and its alloy of which the product, including by application of the methods providing destruction of this product is made;

solder - the metal or alloy applied in case of the soldering to connection of procurements and having melting temperature below than the connected metals.

3. The authorized state body is keeper and the user of the state assay brand of the Kyrgyz Republic.

4. The jewelry and other products from precious metals made in the Kyrgyz Republic and imported from the countries which are not entering into the Eurasian Economic Union (further - EEU), for realization, shall correspond to tests, stipulated in Item the 9th this provision and to be branded by the state assay brand of the Kyrgyz Republic provided by appendix 1 to this Provision.

The jewelry and other household products from precious metals imported from the countries which are not entering into EEU for realization are represented to authorized state body on approbation, the analysis and branding within 90 calendar days from the date of receipt of the relevant documents confirming goods placement under customs procedure of release for internal consumption.

5. Acceptance of jewelry and other products from precious metals on approbation, the analysis and branding is performed based on the request (statement) and documents confirming their origin.

6. Approbation, the analysis and branding of jewelry and other products from precious metals the state assay brand and collection of assay collection are made by authorized state body.

7. Acceptance on approbation and branding of jewelry and other products from the precious metals imported on customs area of EEU is performed only in case of presentation by person who performed such import, the relevant documents confirming passing of the state control and release of goods on customs area of EEU according to the declared customs procedure of release for internal consumption.

8. Advantage of alloy from which products are made of precious metals is determined by the test showing quantity of mass fractions of chemically net precious metal on 1 thousand mass fractions of alloy of precious metal.

9. In the Kyrgyz Republic for jewelry and other products the following tests of precious metals are established:

1) platinum:

950 (nine hundred fiftieth);

900 (nine-hundredth);

850 (eight hundred fiftieth);

585 (five hundred eighty fifth);

2) gold:

999 (nine hundred ninety ninth);

958 (nine hundred fifty eighth);

916 (nine hundred sixteenth);

875 (eight hundred seventy fifth);

750 (seven hundred fiftieth);

585 (five hundred eighty fifth);

583 (five hundred eighty third);

500 (five-hundredth);

375 (three hundred seventy fifth);

333 (three hundred thirty third);

3) silver:

999 (nine hundred ninety ninth);

960 (nine hundred sixtieth);

925 (nine hundred twenty fifth);

875 (eight hundred seventy fifth);

830 (eight hundred thirtieth);

800 (eight-hundredth);

750 (seven hundred fiftieth);

4) palladic:

850 (eight hundred fiftieth);

500 (five-hundredth).

10. For products from precious metals the negative variance from the established test specified on such product, except for production of products from gold 583 tests by orders of physical persons from the products belonging to them from gold is not allowed.

11. The solders applied in case of the soldering of products from precious metals shall be made on the basis of the same precious metals, as alloys from which products are made of precious metals.

Solders for products from platinum, palladium, gold and silver shall have the same test, as the main alloy of products.

Availability in jewelry and other products from platinum and palladium of solder of white gold 585 and 750 of tests is allowed.

Use of the special solder which is not containing precious metals for the soldering of the chains, bracelets and necklace made on automatic machines, on condition of ensuring the established test of the specified products is allowed.

12. Jewelry and other products from precious metals shall not contain the parts made of non-noble metals, except for:

- mechanisms of pens, lighters and similar mechanisms, and also mechanisms and clockwork heads of hours;

- blades of knives, screw parts of corkscrews and similar parts of other products (tableware, cold weapon);

- springs and axes of hinges, pins;

- hairpins (pins) for brooches, badges and similar products from silver.

13. The products representing combination of parts from precious metals with demountable and (or) separable parts from non-noble metals or parts from non-noble metals are subject to branding. Parts from non-noble metals in such products shall have print of the sign "metal" or similar ("mt", "нерж", "steel") or the special designation of metal which is rapped out mechanically or engraved.

In case of lack of sign (print) "metal" on parts from non-noble metals such products are not subject to branding.

Use of non-noble metals for the purpose of strengthening, weightings or fillings of products from precious metals is not allowed.

14. The covering of products from alloys of one precious metals by other precious metal on condition of their branding on the main alloy is allowed.

15. Legal entities irrespective of patterns of ownership, and also the individual entrepreneurs making jewelry and other products of precious metals shall have mark which print is put by the manufacturer on all products.

Accounting (register) of marks of manufacturers is performed by authorized state body.

Use of mark of the manufacturer who is not registered in authorized state body is forbidden.

16. Are not subject to branding in authorized state body:

- the products made of alloy of precious metals which test is lower than the minimum values established by this Provision;

- products in unfinished, not collected type (in the absence of any parts);

- semifinished products and ingots from precious metals;

- the nuggets of precious metals including used as jewelry (inserts, slips and suspension brackets) in jewelry and other products from precious metals;

- sugary precious metals;

- the coins from precious metals which underwent issue including withdrawn from circulation;

- state awards;

- the products from non-noble metals covered with precious metals;

- feathers from precious metals for pens;

- the products from precious metals having historical or archaeological value, and also awards, medals;

- small notches (incrustations) by gold and silver on weapon, vases, dishes, caskets, objects of religious cult;

- gold dentoprosthetic disks;

- the devices, laboratory glassware and other products made of precious metals and their alloys and intended for scientific, production, medical, dental, veterinary and other special purposes.

2. The main requirements to the jewelry and other products from precious metals intended to branding

17. The new and restored products shown by legal entities and individual entrepreneurs from precious metals shall have clear print of mark on the main part.

The main part of pieces of jewelry is that part which determines purpose of product, for example, at earrings - shvenz, at rings - shank, etc.

The print of mark is put with the manufacturer.

The print of assay brand is put on the right side from print of mark of the manufacturer.

18. The products shown for branding shall be dry-through, carefully cleared of scale, dirt, fatty spots, and also are subjected to annealing.

Manufacturers shall show for product branding from precious metals only in the finished and collected type, in the presence of all parts. In case of impossibility of branding of product in assembled form the manufacturer is allowed to show for branding of product in unassembled form, but in the presence of all parts.

19. Platforms for imposing of prints of assay brands shall be carefully prepared (zapolirovana) for the purpose of receipt of clear and relief print of assay brand.

20. Prints of assay brands and marks in case of final finishing shall not be exposed to spoil or deformation.

In case of zashlifovka and deformation of prints of assay brands the rebranding of products is made in accordance with general practice.

3. Procedure for branding

21. The branding of products from precious metals is made only after approbation of these products on assay stone or carrying out the control analysis. In the Kyrgyz Republic laser, mechanical and electrospark methods are applied to drawing prints of assay brands.

22. All new products of national production are branded on the main part by brand of letter of "B" of the corresponding metal and test.

Products from precious metals on which main part it is not possible to deliver brand of letter of "B" are branded by brand of letter "And" and the letters "Д" of the corresponding test in the location of mark. Minor and additional parts of products from precious metals (if they are demountable) are branded by brand of the letter "Д". When the sizes and arrangement of minor and additional parts do not allow to deliver on them the brand of the letter "Д", content of precious metal imposing of assay brand does not make sure of such parts and responsibility for test of alloy in these parts is born by the manufacturer of this product.

Products with propayanny and inseparable minor and additional parts of one alloy are considered as a unit and are branded only on the main part of product.

23. When the products shown for branding from precious metals or their separate parts do not correspond to the declared test and go beyond acceptable deviation, products return to manufacturers after imposing of brand of "NP" to them (absence to test) or with the consent of the manufacturer of products are branded by brand of the next lowest established test.

24. The products having test below the established minimum test are not subject to branding and realization as products from precious metals. The brand of letter of "NP" for realization as costume jewelry is applied on the specified products.

Appendix 1

to Regulations on procedure for approbation and branding of jewelry and other products from precious metals in the Kyrgyz Republic

Description of assay brand

1. The sign of the state assay brand of the Kyrgyz Republic affirms as the Kyrgyz Republic for jewelry and other products from precious metals.

2. Elements of the state assay brands are:

- certificate sign - the image of tunduk;

- test (three-digit number) showing quantity of mass fractions of chemically net precious metal on 1 thousand mass fractions of alloy of precious metal.

The certificate sign "тундук" - represents the image of solar disk of round form around which forty beams which are equally spaced disperse. In solar disk the symbolical image of tunduk of yurta which represents lattice with round rim is applied:

Drawing.

In the Kyrgyz Republic for jewelry and other products from the precious metals which are subject to branding the following minimum values of the established tests are established:

585 - for platinum alloys;

333 - for gold alloys;

500 - for palladium alloys;

 750 - for silver alloys.

3. Types of assay brand:

- the brand of letter "And" (basic) - sign of the certificate has the round form with the image of tunduk, intends for branding of gold, silver, platinum and palladic products of local production in combination with brand of the letter "Д", and also for the products which passed the examination;

- the brand of letter of "B" (basic) in the form of shovel, intends for branding of gold products of local production; consists of the image of tunduk and digital designation of one of the established tests: 375, 500, 583, 585, 750:

Drawing;

- the brand of letter of "B" (basic) in the form of rectangle with slanted corners, intends for branding of products of local production from platinum; consists of the image of tunduk and digital designation of test 950:

Drawing;

- the brand of letter of "B" (basic) in the form of rectangle with the convex upper and lower parties, intends for branding of silver products of local production; consists of the image of tunduk and digital designation of one of the established tests: 800, 875, 925, 960:

Drawing;

- the brand of letter of "B" (basic) - in the form of truncated and oval form, intends for branding of palladic products of local production; consists of the image of tunduk and digital designation of one of the established tests: 500, 850:

Drawing;

- the brand of the letter "Д" (additional) has rectangular shape, intends for branding of gold products of foreign production and old products; consists of digital designation of one of the established tests: 375, 500, 583, 585, 750:

Drawing;

- the brand of the letter "Д" (additional) has rectangular shape with slanted corners, is applied to branding of platinum products of foreign production and old products; consists of digital designation of test 950:

Drawing;

- the brand of the letter "Д" (additional), squared with the convex upper and lower parties, is applied to branding of products from silver of foreign production and old products; consists of digital designation of one of the established tests: 800, 875, 925, 960:

Drawing;

- the brand of the letter "Д" (additional) has the round form, is applied to branding of palladic products of foreign production and old products; consists of digital designation of one of the established tests 500, 850:

Drawing;

- the brand of letter of squared "NP", is applied to branding of the products which are not corresponding to the tests established by this Provision:

Drawing.

Appendix 2

Approved by the Order of the Government of the Kyrgyz Republic of June 27, 2018 No. 303

Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

1. General provisions

1. This Provision determines the main requirements to the legal entities and individual entrepreneurs performing transactions with precious metals, gemstones and products from them in the territory of the Kyrgyz Republic, irrespective of patterns of ownership, the requirement to accounting and the reporting on them, and also to procedure of transactions with precious metals and gemstones.

2. Assay supervision in the territory of the Kyrgyz Republic is exercised by authorized state body on realization of state policy in the field of production (except for the transactions connected with production and primary conversion of the ores containing precious metals and gemstones), uses, addresses, accounting and storage of precious metals, gemstones and products from them, to accomplishment of transactions with the specified values in the territory of the Kyrgyz Republic (further - authorized state body).

3. Assay supervision - the system of organizational and technical and legal actions directed to the prevention, identification and suppression of violations of legal entities, the individual entrepreneurs performing transactions with precious metals and gemstones, requirements of the legislation of the Kyrgyz Republic in the field of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income, laws and other regulatory legal acts of the Kyrgyz Republic in the field of production (except for the transactions connected with production and primary conversion of the ores containing precious metals and gemstones), uses, the address and accounting of precious metals and gemstones, and also the regulations which became effective in the procedure for international treaties established by the law which participant is the Kyrgyz Republic.

2. Obligations of the legal entities and individual entrepreneurs who are engaged in transactions with precious metals and gemstones

4. The legal entities and individual entrepreneurs performing transactions with precious metals and gemstones shall:

- rise on special accounting in the authorized state body according to the procedure established by Regulations on procedure for conducting special accounting of the legal entities and individual entrepreneurs performing transactions with precious metals and gemstones, the approved resolution of the Cabinet of Ministers of the Kyrgyz Republic of December 3, 2021 No. 292;

- record precious metals, gemstones and products from them according to the procedure, the established this Provision and Rules of work of Items of buying up at the population of precious metals, stones and products from them approved by the order of the Government of the Kyrgyz Republic "About streamlining of trading activity in the territory of the Kyrgyz Republic" of September 30, 2014 No. 560;

- perform the legislation of the Kyrgyz Republic in the field of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income;

- provide reports in authorized state body according to the procedure and the cases established by the legislation of the Kyrgyz Republic regulating the sphere of transactions with precious metals and gemstones;

- in case of removal from special accounting to submit documents on accounting of movement of precious metals, gemstones and products for the period of activities implementation, not covered by scheduled inspections.

5. The legal entities and individual entrepreneurs who are engaged in realization of jewelry and other products from precious metals shall follow the following rules:

- sale of products from precious metals and gemstones is performed only in the presence on them prints of the state assay brands of the Kyrgyz Republic;

- the products exposed for sale from precious metals and gemstones shall have labels with indication of the name of product, test, weight, the price for 1 gram of product, type of inserts and their characteristics, the product price. Products of foreign production shall have specifying of the country manufacturer on label.

The cost of products to products from precious metals and gemstones shall be expressed in price labels, labels in national currency of the Kyrgyz Republic.

6. Accounting of receipt and expenditure of precious metals, gemstones and products from them is conducted on basis:

- register of sales of products from precious metals and gemstones in form according to appendix 1 to this Provision;

- register of production and repair of jewelry and other products from precious metals in form according to appendix 3 to this Provision;

- register of gemstones in form according to appendix 4 to this Provision;

- receipts, delivery notes, agreements.

In the presence of the automated (electronic) systems of accounting accounting of receipt and expenditure of precious metals, gemstones and products from them in electronic form with obligatory inclusion of the data containing in accounting forms according to appendices 1, of 3, and 4 to this Provision is allowed.

Transactions with gemstones which classification characteristics are not determined are not allowed.

Payments for supply of the rough natural diamonds shall be performed by non-cash method according to the bank law of the Kyrgyz Republic.

7. Gold mining and processing enterprises of the Kyrgyz Republic monthly, to the 5th following reporting shall submit in authorized state body the report on production and realization of precious metals on form according to appendix 2 to this Provision.

7-1. The pawnshops performing mortgage transactions with precious metals, gemstones and products from them, quarterly, to the 5th following the accounting period shall submit in authorized state body the report on realization of unclaimed pledges from precious metals and gemstones in form according to appendix 5 to this Provision.

7-2. The legal entities and individual entrepreneurs performing export/import of precious metals (except for the primary goods containing precious metals) and gemstones in the territory of EEU, quarterly, to the 5th following the accounting period shall submit in authorized state body the report on transportation of precious metals (except for the primary goods containing precious metals) and gemstones in form according to appendix 6 to this Provision.

8. Legal entities and individual entrepreneurs whose activities are subject to assay supervision guilty of abuse of regulations of assay supervision, bear responsibility according to the Code of the Kyrgyz Republic about offenses.

3. Rights and obligations of officials of authorized state body

9. Officials of authorized state body when conducting planned inspection have the right:

- in case of presentation of the instruction by authorized state body on conducting check and the official ID freely to visit the territories, buildings, constructions, rooms used by legal entities and individual entrepreneurs when implementing the activities for the purpose of conducting check of observance of rules of production, use, the address, accounting of precious metals and gemstones, and also products from them, waste and scrap;

- check the accounting documents, normative and technical and other documents containing data on obtaining, expenditure, accounting of precious metals and gemstones and products from them, scrap and waste of precious metals;

- check observance of rules of trade in products from precious metals and gemstones according to this Provision;

- check observance of rules of work of Items of buying up at the population of precious metals, gemstones and products from them according to the Rules of work of Items of buying up at the population of precious metals, stones and products from them approved by the order of the Government of the Kyrgyz Republic "About streamlining of trading activity in the territory of the Kyrgyz Republic" of September 30, 2014 No. 560.

10. Officials of authorized state body shall exercise control of activities of the legal entities and individual entrepreneurs performing transactions (transaction) with precious metals and gemstones concerning compliance with law of the Kyrgyz Republic in the field of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income.

11. By results of the scheduled inspection which is carried out in the terms established by the instruction, officials of authorized state body draw up the statement of scheduled inspection.

12. On the elicited facts of violation by the official of authorized state body the notification on elimination of violations with purpose of control check within 5 (five) working days from the date of conducting planned inspection is drawn up.

13. After the term provided to the subjects of entrepreneurship who are engaged in transactions with precious metals and gemstones for elimination of the violations revealed by scheduled inspection, the authorized state body performs control check.

14. In case of not elimination by subjects of entrepreneurship of the revealed violations, during control check officials of authorized state body make selection of jewelry from precious metals without prints of the state assay brand for further representation by the subject of entrepreneurship on approbation and branding of these products.

15. For not elimination of the violations revealed in case of scheduled inspection the protocol on the administrative responsibility is constituted and measures according to the legislation of the Kyrgyz Republic on the administrative responsibility are taken.

16. In case of disagreement of the subject of entrepreneurship with results of check recheck is carried out. The basis for conducting recheck is appeal of result of scheduled inspection checked in authorized state body.

Recheck is carried out according to the requirements provided by the Law of the Kyrgyz Republic "About procedure for conducting checks of subjects of entrepreneurship".

17. The officials given authority to constitute protocols on offenses, issue decrees and impose penalties, consider cases on the offenses connected with non-compliance with requirements of the legislation in the field of production (except for the transactions connected with production and primary conversion of the ores containing precious metals and gemstones), uses, the address and accounting of precious metals and gemstones.

In case of identification of the fact of violation of the law of the Kyrgyz Republic in the field of counteraction to financing of terrorist activities and to legalization (washing) of the criminal income officials of authorized state body consider question of application of corrective actions according to the legislation of the Kyrgyz Republic on offenses.

When implementing assay supervision in case of detection of the data specifying offense event availability in the field of production (except for the transactions connected with production and primary conversion of the ores containing precious metals and gemstones), uses, the address and accounting of precious metals and gemstones, officials of authorized state body consider question of application of corrective actions according to the Code of the Kyrgyz Republic about offenses.

18. Unscheduled inspections are carried out:

- on receipt authorized state body of the statement of the subject of check for carrying out check concerning it;

- on receipt authorized state body of the written application of physical person or legal entity about violation by the subject of check of the rights and interests of the applicant, the written address of the head of executive body of local self-government about violation by the subject of check of the rights and interests of the population of this administrative and territorial unit, with application of documents, materials and other confirmatory data on violation by the subject of entrepreneurship of the legislation of the Kyrgyz Republic;

- on receipt of the address by authorized state body from body of financial investigation and law enforcement agencies.

19. In case of detection of violations from the subjects of entrepreneurship having signs of criminal offense, materials about violations are reported to law enforcement agencies.

20. The decisions of authorized state body made within its competence are obligatory for accomplishment by subjects of entrepreneurship to which they are addressed.

21. Officials of authorized state body in case of improper execution of the functions and service duties when conducting checks, making illegal actions (failure to act) bear responsibility according to the legislation of the Kyrgyz Republic.

Appendix 1

to Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

Form

Register of sales of products from precious metals and gemstones

№	Date	Source (deliverer's full name, passport data)	Name of product	Weight (gram)	Test
1	2	3	4	5	6

Quantity (piece)	Are implemented	Amount (som.)	Are returned	Note
7	8	9	10	11

Appendix 2

to Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

Form

Departmental statistical reporting

Form No. 1

It is represented to whom ____________________________________________________
(Name, receiver's address)
_______________________________________________________________________ Name of the company _______________________________________________________________________ Territory (area, city, area) _______________________________________________________________________ Address (postal index, street, house No.) _______________________________________________________________________ Pattern of ownership _______________________________________________________________________ Form of business _______________________________________________________________________ Type of economic activity (industry)		The monthly report is submitted gold mining and processing enterprises Kyrgyz Republic monthly, to the 5th, following the accounting period

Report on production and realization of precious metals

for ____________________________ 20 __ years
(month)

1. Production of precious metals

(in grams)

Type of precious metal	It is made extracted) DM		It is processed by DM (finished goods after refining)
	For month of the current year	From the beginning of accounting year	For month of the current year	From the beginning of accounting year
1	2	3	4	5
Gold
Silver

2. Realization of precious metals

(gram/som)

№		To whom it is realized	Gold		Silver
			gram	amount	gram	amount
1	2	3	4	5	6	7
1	Remaining balance for the beginning of the accounting period
2	Realization of precious metals
3	Remaining balance by the end of the reporting period

Head ________________________________________________________

Chief accountant ___________________________________________________

"___" _____________________________ 20 __ years

____________________________________________________________________

Full name and phone number of the contractor".

 

Appendix 3

to Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

Form

Register of production and repair of jewelry and other products from precious metals

№	Receipt				Expense
	Source (full name or name of the deliverer)	Weight ()	Quantity	Test	Name of products	Quantity (piece)	Weight ()	Test	Waste (% and weight)	To whom it is released	Amount (catfish)

 

Appendix 3

Approved by the Order of the Government of the Kyrgyz Republic of June 27, 2018 , No. 303

Procedure for reference of unique amber educations to gemstones

1. This Procedure establishes criteria of reference of unique amber educations to gemstones.

2. The main criteria of reference of unique amber educations to gemstones are:

- weight - over 1000 grams;

- form - various, fantasy, connected with conditions of intra barreled formation of amber;

- integrity - rather monolithic on the structure (at least 80 percent) which are not containing end-to-end sinks, visual cracks menacing to integrity of sample;

- availability of inclusions - transparent samples with well remained inclusions of flora and fauna, more than 10 mm in size;

- color - the various color scale inherent in amber (from white, pale yellow, bright golden to red-brown).

3. For reference of unique amber educations to gemstones by the authorized state body in the field of management of public finances forms commission of experts as a part of representatives of authorized state body in the field of regulation of transactions with precious metals and gemstones, authorized state body in the field of subsurface use and independent experts.

The commission of experts makes assessment and reference of unique amber educations to gemstones according to Item 2 presents of the Procedure.

4. The procedure for activities of commission of experts is determined by the decision of authorized state body in the field of management of public finances.

5. The solution of commission of experts is drawn up by the protocol approved by the head of authorized state body in the field of management of public finances.

6. Transactions with the unique amber educations referred to gemstones are performed according to the legislation of the Kyrgyz Republic in the field of transactions with precious metals and gemstones.

Appendix 4

to Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

Form

Register of gemstones

№	Receipt date	Source (deliverer's full name, passport data)	Name of stones	Quantity (piece)	Weight (carat)	Chromaticity	Size (diameter)	Cost (catfish)	Date of realization

Appendix 5

to Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

Form

It is represented to whom ____________________________________________________
(name of a consignee)
_______________________________________________________________________ Name of the company _______________________________________________________________________ Territory (area, city, area) _______________________________________________________________________ Address (postal index, street, house No.) _______________________________________________________________________ Form of business		Quarterly statement represent legal persons performing mortgage transactions with precious metals and gemstones, quarterly, to the 5th month, following behind the accounting period

The report on realization of unclaimed pledges from precious metals and gemstones

for ________________________ 20 __ years

№	Precious metal				Gemstone			To whom it is realized (full name, passport data)	Date of realization
	type	test	weight (gram)	cost (catfish)	Name	weight (carat)	Cost (catfish)
1	2	3	4	5	6	7	8	9	10

Appendix 6

to Regulations on procedure for carrying out assay supervision in the Kyrgyz Republic

Form

It is represented to whom ____________________________________________________
(name of a consignee)
_______________________________________________________________________ Name organization/full name of the individual entrepreneur _______________________________________________________________________ Territory (area, city, area) _______________________________________________________________________ Address (postal index, street, house No.) _______________________________________________________________________ Pattern of ownership _______________________________________________________________________ Form of business _______________________________________________________________________ Type of economic activity (industry)		Quarterly statement represent legal persons and individual the entrepreneurs performing transportation of precious metals and gemstones in the territory of EEU, quarterly to the 5th, the following behind the accounting period

The report on transportation of precious metals (except for the primary goods containing precious metals) and gemstones in the territory of EEU

for ______________________________ 20 __ years

№	Name organization/full name senders (/passport data)	Point of departure (country, city, street, number)	Name organization/full name of the receiver (passport data)	Receiver's address (country, city, street, number)	Name of load (type of metal, stone of the territory of the data on metal, stone)	Net weight (gram, carat) / Quantity (piece) for юв. prod.	Date of sending	Date of arrival
1	2	3	4	5	6	7	8	9

Head ________________________________________________________

Chief accountant ___________________________________________________

"___" _____________________________ 20 __ years

____________________________________________________________________

Full name and phone number of the contractor

Appendix 4

Regulations on accounting, storage and transportation of precious metals and gemstones, and also accounting

1. General provisions

1. This Provision determines procedure for control of movement and safety of precious metals and gemstones in case of their production, production, use, the address and transportation, and also establishes procedure for storage, accounting and accounting about use of precious metals and gemstones.

2. Action of this provision does not extend on legal entities and the individual entrepreneurs who are engaged in transactions with:

1) jewelry from precious metals and gemstones;

2) secondary precious metals.

3. The accounting treatment and storages of precious metals and gemstones in National Bank of the Kyrgyz Republic and credit institutions, and also accounting about their use are established by National Bank of the Kyrgyz Republic.

4. The legal entities and individual entrepreneurs performing the activities in the field of production, productions, uses, addresses and transportations of precious metals and gemstones taking into account the main regulations of this provision develop and approve local instructions about procedure for obtaining, expenditure, accounting, storage and transportation of precious metals and gemstones.

5. Legal entities and individual entrepreneurs shall:

1) to keep strict account of precious metals and gemstones in all types and conditions in case of production, production, the address and transportation;

2) to carry out inventory count in all storage locations and it is direct in production;

3) to observe established procedure of submission of the reporting on movement of precious metals and gemstones in production and storage locations;

4) to perform storage and transportation of precious metals and gemstones according to the developed and approved instructions;

5) to sign written agreements about full financial responsibility with the workers holding positions or performing the works which are directly connected with storage, processing, sale (leave), transportation or application in production process of precious metals and gemstones;

6) at primary biddings to offer National Bank of the Kyrgyz Republic and the Cabinet of Ministers of the Kyrgyz Republic purchase of the affined precious metals and gemstones for the purpose of realization of the right of the state to preferential purchase of precious metals and gemstones.

2. Storage and transportation of precious metals and gemstones

6. Storage of precious metals and gemstones the, and also materials, scrap and waste containing them will be organized so that their complete safety from plunders, the fires, spoil in all storage locations, uses, operation and transportation was ensured.

7. Storage of precious metals and gemstones by legal entities and individual entrepreneurs is performed in the rooms which are specially equipped with technical means of protection at responsible persons with which agreements on full financial responsibility according to the procedure are signed, established by the labor law of the Kyrgyz Republic.

8. Leave of precious metals and gemstones from storage locations is performed according to documents with the allowing signature of the head, chief (senior) accountant of the legal entity or individual entrepreneur and signatures of the responsible persons releasing and accepting values.

9. Warehouses and storage rooms in which acceptance and leave of precious metals and gemstones is made are provided with scales and other measuring devices. Scales and weights shall correspond to the established metrological characteristics and undergo checking on compliance at least 1 time a year.

10. Transportation of precious metals and gemstones (except for jewelry, semifinished products of jewelry, and also the precious metals and gemstones used by producers of jewelry in the activities and which are their property), is performed by air, railway and road transport accompanied by armed security forces.

11. When transporting precious metals and gemstones (except for jewelry, semifinished products of jewelry, and also the precious metals and gemstones used by producers of jewelry in the activities and which are their property) insurance of their transportation is provided. Responsibility when transporting between legal entities or individual entrepreneurs, accompanying persons and the cargo carrier is determined by the relevant agreements.

12. Transportation of precious metals and gemstones (except for jewelry, semifinished products of jewelry, and also the precious metals and gemstones used by producers of jewelry in the activities and which are their property) from the place of their storage to destination is performed by the State company "Service of Special Communication" of the Ministry of Internal Affairs of the Kyrgyz Republic with escort of the responsible person of the legal entity or individual entrepreneur.

13. Responsibility for the organization of transportation and storage of precious metals and gemstones and checking of weight economy are born by the head, deputies and the chief accountant of the legal entity or the individual entrepreneur on whom such responsibility is conferred.

14. The responsibility for violation of storage precautions and transportation of precious metals and gemstones is born by heads, chiefs of workshops, divisions, laboratories, sites of the legal entity or the individual entrepreneur.

3. Accounting of precious metals and gemstones

15. Accounting of precious metals and gemstones is performed from the moment of their production and extraction at all stages and transactions of the engineering, production and other procedures connected with their use and the address.

16. The legal entities or individual entrepreneurs who are engaged in production of precious metals, account of precious metals is kept according to their name, weight, and also on quality and in value term if it is possible, taking into account conditions of engineering procedures of extraction, enrichment, further conversion, approbation and analysis of the raw materials containing precious metals.

17. Accounting of the precious metals which are part of products of conversion of mineral and secondary raw materials by their transfer on refining is performed in terms of mass fractions of chemically net precious metals. After carrying out refining accounting of the specified precious metals is performed by results of refining.

18. By the legal entities and individual entrepreneurs who are engaged in production of gemstones it is recorded according to their name, weight and quality, and also in value term when carrying out independent sorting, primary classification and primary assessment by them.

19. Accounting of precious metals and gemstones in storage locations (warehouses, shop storage rooms, etc.) is performed in accounting documents of the strict reporting, standard interdepartmental forms which are registered in accounts department and are issued to responsible persons on receipt, irrespective of use of technical means of accounting (computers, etc.).

20. Transfer of precious metals and gemstones, and also products and waste between divisions and advance holders is performed only through storage locations with registration of acceptance delivery notes in which the quantity (pieces) and mass of values is specified in figures and copy-book.

21. Legal entities or individual entrepreneurs at least once a quarter within year perform on places of correctness of conducting operational accounting of precious metals and gemstones in case of their production, production, use, the address and transportation. Correctness of entry in documents is certified by the signature of responsible persons of accounts department of the legal entity or individual entrepreneur. The chief (senior) accountant and division managers of the legal entity or the individual entrepreneur bear responsibility for the wrong statement of the organization of conducting operational accounting.

22. Persons guilty of plunders, shortages and above-standard losses of precious metals and gemstones, irrespective of accountability, bear liability for the caused damage according to the penal and labor law of the Kyrgyz Republic.

23. Accounting of precious metals and gemstones is performed on papers or electronically.

4. Inventory count of precious metals and gemstones

24. Inventory count of precious metals and gemstones in case of their use and the address, and also in the scrap and waste which are formed when using precious metals and gemstones is carried out annually in all places of their storage and use with carrying out technological cleaning of rooms and the equipment. The procedure and terms of carrying out inventory count are determined according to accounting policy of the legal entity or individual entrepreneur, according to the legislation on financial accounting.

25. Inventory count of precious metals in case of their production or in case of passing extraction, the precious metals or their refining intended for further production, is carried out annually. The procedure and terms of carrying out inventory count are determined according to accounting policy of the legal entity or individual entrepreneur, according to the legislation on financial accounting.

26. When implementing separate technological transactions frequency of inventory counts is established by heads of the legal entity or the individual entrepreneur.

27. For carrying out inventory count the order of the head of the legal entity or individual entrepreneur appoints inventory-taking group. Inventory-taking group representatives of administration, workers accounting and other services of the legal entity or individual entrepreneur are included. The structure of inventory-taking group can include representatives of independent auditing organizations.

28. Inventory count of precious metals and gemstones is obligatory when changing responsible persons on the date of acceptance delivery of cases, after natural disasters, the fires, in case of establishment of the facts of losses and plunders, reorganization of the legal entity, before creation of the separation balance sheet.

29. Inventory count is carried out at the scheduled time irrespective of the unplanned inventory counts and inspections which are carried out during the accounting period or in connection with emergence of emergency situations.

30. Availability of precious metals and gemstones is established by weighing, calculation, measurement, etc., proceeding from the established units of measure.

Prior to weighing scales are checked for stability, sensitivity and accuracy of weighing with entry in the corresponding register.

 

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