ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 25, 2021 No. 1015

About federal state assay supervision

According to Item 1 of part 2 of article 3 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation" and article 26.1 of the Federal law "About Precious Metals and Gemstones" Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on federal state assay supervision;

the list of production facilities of the affinaging organizations and organizations performing sorting, primary classification and primary assessment of gemstones concerning which the mode of constant state control (supervision) is set.

2. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

3. Realization of the powers provided by this resolution is performed by Federal assay chamber (its territorial authorities) within the limiting Russian Federation established by the Government of the number of employees of Federal assay chamber (its territorial authorities), and also budgetary appropriations provided to Federal assay chamber (its territorial authorities) in the federal budget on management and management in the field of the established functions.

4. This resolution becomes effective since July 1, 2021.

Approved by the Order of the Government of the Russian Federation of June 25, 2021 No. 1015

Regulations on federal state assay supervision

I. General provisions

1. This Provision establishes procedure of federal state assay supervision.

2. Federal state assay supervision is exercised by the federal executive body performing functions on the state control (supervision) in the field of production, use and the address of precious metals and gemstones.

Constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones is performed by the public institution performing functions in the field of use and the address of gemstones subordinated to the authorized federal executive body performing functions on development of state policy and normative legal regulation in the field of production, conversion and the address of precious metals and gemstones.

3. Subject of federal state assay supervision is observance:

the legal entities, individual entrepreneurs and artists-jewelers performing production, use, the address of precious metals in any condition and type, sorting, primary classification and primary assessment of gemstones, their use and the address established by the Federal Law "About Precious Metals and Gemstones", other Federal Laws and other regulatory legal acts of the Russian Federation of mandatory requirements in the field of production, use and the address of precious metals, and also production (regarding sorting, primary classification and primary assessment of gemstones), uses and addresses of gemstones;

the organizations and individual entrepreneurs (licensees) performing activities for processing (conversion) of scrap and waste of precious metals and (or) activities for buying up at physical persons of jewelry and other products from precious metals and (or) gemstones, scrap of such products, procurement of scrap and waste of precious metals and products (products) containing precious metals, the licensed requirements to the specified types of activity established by Regulations on licensing of activities for processing (conversion) of scrap and waste of precious metals (except for activities for processing (conversion) by the organizations and individual entrepreneurs of scrap and waste of the precious metals formed and collected by them in the course of own production, and also jewelry and other products from self-produced precious metals unrealized and returned to the producer) and Regulations on licensing of activities for buying up at physical persons of jewelry and other products from precious metals and (or) gemstones, scrap of such products, procurement of scrap and waste of precious metals and products (products) containing precious metals, the approved order of the Government of the Russian Federation of September 12, 2020 No. 1418 "About licensing of the separate types of activity connected with precious metals and gemstones".

4. Accounting of objects of federal state assay supervision - activities of the legal entities, individual entrepreneurs and artists-jewelers performing activities in the field of production, productions, uses and addresses of precious metals and gemstones (further - objects of supervision, controlled persons), is performed by means of inclusion in the register of special accounting of the legal entities, individual entrepreneurs and artists-jewelers performing transactions with precious metals and gemstones and also with use of the state information systems.

When implementing federal state assay supervision the mode of constant state control (supervision) concerning the affinaging organizations and the organizations performing sorting, primary classification and primary assessment of gemstones according to provisions of the Federal Law "About the State Control (Supervision) and Municipal Control in the Russian Federation" is set (further - the Federal Law No. 248-FZ).

5. Federal state assay supervision is exercised by Federal assay chamber according to the Section II of this provision.

Assessment of effectiveness and efficiency of activities of Federal assay chamber for implementation of federal state assay supervision is performed on the basis of key and indicative indicators of effectiveness and efficiency of federal state assay supervision.

The key indicator of federal state assay supervision and its target value are provided in appendix No. 1(1).

Indicative indicators of federal state assay supervision affirm the Ministry of Finance of the Russian Federation.

Constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones is performed by federal state institution "Public Institution on Forming of the State Fund of Precious Metals and Gemstones of the Russian Federation, Storage, Leave and Use of Precious Metals and Gemstones (Gokhran of Russia) under the Ministry of Finance of the Russian Federation" (further - Gokhran of Russia) according to the Section III of this provision.

Assessment of effectiveness and efficiency of activities of Gokhran of Russia for implementation of constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones is performed on the basis of key and indicative indicators of effectiveness and efficiency of constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones.

Key indicator of constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones, and its target values are provided in appendix No. 6.

Indicative indicators of constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones affirm the Ministry of Finance of the Russian Federation.

6. Federal state assay supervision is exercised including using the state integrated information system in the field of control of turnover of precious metals, gemstones and products from them at all stages of this turnover (further - GIIS DMDK).

II. Procedure of federal state assay supervision by Federal assay chamber

7. The federal assay chamber exercises federal state assay supervision using criteria of reference of objects of supervision to categories of risk of damnification (damage) (further - criteria).

For the purpose of implementation of federal state assay supervision the following categories of risk are established:

extremely high risk;

high risk;

average risk;

low risk.

8. Reference of objects of supervision to category of risk is performed according to the criteria of reference of objects of federal state assay supervision to categories of risk of damnification (damage) to the values protected by the law given in appendix No. 1.

If object of supervision is not referred by Federal assay chamber to certain category of risk, it is considered referred to category of low risk.

9. The officials authorized on decision making about reference of objects of supervision to category of risk of damnification (damage) to the values protected by the law (further - decisions on reference of objects of supervision to category of risk of damnification (damage), are:

a) head of Federal assay chamber and his deputies;

b) heads of territorial authorities of Federal assay chamber and their deputies;

c) the head (deputy manager) of structural division of central office of Federal assay chamber under whose authority questions of federal state assay supervision are.

10. Ceased to be valid according to the Order of the Government of the Russian Federation of 02.08.2025 No. 1159

11. Carrying out by the authorized officer Federal assay chamber or its territorial authority (further - the authorized officer of Federal assay chamber) planned control (supervising) actions and obligatory preventive visits concerning controlled persons depending on the category of risk appropriated to object of supervision is performed with the following frequency:

for category of extremely high risk - inspection visit or exit check once a year, documentary check or obligatory preventive visit once a year;

for category of high risk - inspection visit, either exit check, or documentary check of 1 times in 2 years or 1 obligatory preventive visit a year.

Concerning activities of controlled persons which are referred to category of low risk planned control (supervising) actions and obligatory preventive visits are not conducted.

12. The federal assay chamber keeps the list of controlled persons which contains the following information:

full name of the legal entity, surname, name and middle name (in the presence) individual entrepreneur or artist-jeweler;

number of special accounting;

primary state registration number of the legal entity, individual entrepreneur;

identification taxpayer number;

location of the legal entity, individual entrepreneur or artist-jeweler;

specifying on category of risk of activities of controlled person.

13. The federal assay chamber posts on the official site on the Internet (further - Internet network) and supports in urgent condition the following information from the list of controlled persons:

full name of the legal entity, surname, name and middle name (in the presence) individual entrepreneur or artist-jeweler;

number of special accounting;

primary state registration number of the legal entity, individual entrepreneur;

identification taxpayer number;

location of the legal entity, individual entrepreneur or artist-jeweler;

specifying on category of risk of activities of controlled person, decision date about reference to category of risk of controlled person.

14. At the request of controlled person to whose activities certain category of risk is appropriated the Federal assay chamber provides to controlled person information on the category of risk, and also the data appropriated to its activities based on which the decision on reference of object of supervision to category of risk of damnification (damage) is made.

15. Controlled person has the right to submit to Federal assay chamber including with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the single portal of the state and municipal services) the statement for change of the category of risk appropriated earlier.

16. The federal assay chamber annually approves the program of prevention of violations of mandatory requirements of the Federal Law "About Precious Metals and Gemstones" (further - the program of prevention of violations of mandatory requirements) in the field of federal state assay supervision which is posted on the official site of Federal assay chamber in Internet network.

17. In case of approval of the program of prevention of violations of mandatory requirements the Federal assay chamber considers categories of risk to which activities of controlled persons are referred.

The federal assay chamber can hold the following preventive events:

informing;

generalization of law-enforcement practice;

announcement of caution;

preventive visit;

consultation;

conscientiousness stimulation measures.

By results of holding preventive actions public assessment of level of observance of mandatory requirements is not appropriated.

18. The federal assay chamber performs informing controlled persons and other interested persons concerning observance of mandatory requirements by means of placement of the corresponding data on the official site of Federal assay chamber in Internet network, in mass media, through personal accounts of controlled persons in the state information systems (in the presence) and in other forms.

The federal assay chamber places and supports in urgent condition on the official site in Internet network:

texts of the regulatory legal acts regulating implementation of federal state assay supervision;

the list of the regulatory legal acts regulating implementation of federal state assay supervision with indication of structural units of these acts containing mandatory requirements which assessment of observance is control subject, and also information on the measures of responsibility applied in case of violation of mandatory requirements;

data on the changes made to the regulatory legal acts regulating implementation of federal state assay supervision about terms and procedure for their entry into force;

the managements on observance of mandatory requirements developed and approved according to the Federal Law "About Mandatory Requirements in the Russian Federation";

the list of criteria and indicators of risk of violation of mandatory requirements, procedure for reference of activities of controlled persons to categories of risk;

the list of controlled persons with indication of category of risk;

program of prevention of violations of mandatory requirements and plan of holding planned control (supervising) actions;

the exhaustive list of data which can be requested from controlled person;

data on methods of receipt of consultations concerning observance of mandatory requirements in the field of implementation of federal state assay supervision;

quarterly data on procedure for pre-judicial appeal of decisions of Federal assay chamber, actions (failure to act) of authorized officers of Federal assay chamber no later than the 10th following reporting;

the report prepared by the body exercising federal state assay supervision, at least once a year;

public discussion of the draft of the report on law-enforcement practice;

the annual report including results of generalization of law-enforcement practice about condition of federal state assay supervision which affirms the order (order) of the head of Federal assay chamber, no later than March 30 of the year following reporting in time;

other data provided by regulatory legal acts of the Russian Federation in the field of federal state assay supervision and (or) the program of prevention of violations of mandatory requirements.

19. In case of availability at Federal assay chamber or its territorial authority of data on the preparing violations of mandatory requirements or signs of violations of mandatory requirements and (or) in case of lack of the confirmed data that violation of mandatory requirements did harm (damage) to the values protected by the law or created threat of damnification (damage) to the values protected by the law the Federal assay chamber or its territorial authority announce to controlled person caution inadmissibility of violation of mandatory requirements and suggests to take measures for ensuring compliance with mandatory requirements.

20. The decision on the direction of caution is made by the head, the deputy manager of Federal assay chamber, the head, the deputy manager of territorial authority of Federal assay chamber or the head (deputy manager) of structural division of central office of Federal assay chamber under whose authority questions of federal state assay supervision, based on offers of the authorized officer of Federal assay chamber in the presence at it data on the preparing violations of mandatory requirements or signs of violations of mandatory requirements and (or) in case of lack of the confirmed data that violation of mandatory requirements did harm (damage) to the values protected by the law are or created threat of damnification (damage) to the values protected by the law, received during implementation of actions on control, performed without interaction with controlled persons, or the arrived addresses and statements containing in, information from public authorities, local government bodies, from mass media (further - data on violations of mandatory requirements), the Federal assay chamber or its territorial authority announce to controlled person caution and suggest to take measures for ensuring compliance with mandatory requirements.

21. Ceased to be valid according to the Order of the Government of the Russian Federation of 02.08.2025 No. 1159

22. By results of consideration of caution by controlled person objections can be given to Federal assay chamber or its territorial authority.

In objections are specified:

name of controlled person;

identification taxpayer number of controlled person;

date and number of the caution sent to the controlled person;

reasons for line item concerning the actions (failure to act) of controlled person specified in caution which bring or can be led to violation of mandatory requirements.

Objections go controlled person with use of the single portal of the state and municipal services in the form of the electronic document signed by the strengthened qualified digital signature of person, representative to act on behalf of controlled person, on the e-mail address of Federal assay chamber or its territorial authority specified in caution or on paper the mailing in Federal assay chamber or its territorial authority or other methods specified in caution.

The federal assay chamber or its territorial authority consider objections and following the results of consideration the answer sends to the controlled person within 20 working days from the date of receipt of his objections.

Results of consideration of objections are used by Federal assay chamber or its territorial authority for the purposes of the organization and holding actions for prevention of violation of mandatory requirements, application enhancement risk - the oriented approach under the organization and implementation of federal state assay supervision.

The federal assay chamber or its territorial authority use the notification for the purposes of the organization and holding actions for prevention of violation of mandatory requirements, to application enhancement risk - the oriented approach under the organization of federal state assay supervision.

23. The federal assay chamber conducts preventive visits for the purpose of informing controlled persons on the mandatory requirements imposed to their activities or to the objects of supervision, their compliance to the criteria provided by appendix No. 1 to this Provision, the bases and about recommended methods of decrease in category of risk, and also about types, content and about intensity of the control (supervising) events held concerning controlled persons proceeding from reference of their activities to the corresponding categories of risk belonging to them.

The preventive visit is conducted by the authorized officer of Federal assay chamber in the form of preventive conversation in the place of implementation of activities of controlled person or by use of video conferencing or the Inspector mobile application.

The preventive visit is conducted at the initiative of Federal assay chamber (obligatory preventive visit) or at the initiative of controlled person.

24. The federal assay chamber conducts obligatory preventive visits:

concerning the controlled faces belonging to them objects of supervision, referred to extremely high or high category of risk with frequency, stipulated in Item the 11th this provision;

according to item 4 of part 1 and part 2 of article 52.1 of the Federal Law No. 248-FZ.

The preventive visit at the initiative of controlled person can be conducted according to its statement for carrying out concerning it preventive visit if such person treats small business entities, is socially oriented non-profit organization or the public or local government office.

The application for holding preventive visit is submitted by means of the single portal of the state and municipal services.

The federal assay chamber considers the application for holding preventive visit within 10 working days and makes the decision on holding preventive visit or on refusal in its carrying out in the cases provided by part 4 of article 52.2 of the Federal Law No. 248-FZ about what notifies controlled person.

In case of decision making about holding preventive visit according to the statement for holding preventive visit of controlled person the Federal assay chamber within 20 working days approves date of preventive visit with the controlled person in any manner providing fixation of such approval.

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