ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of December 22, 2008 No. 1519

About approval of the Instruction about procedure for conducting checks concerning accomplishment of the legislation of Ukraine when implementing transactions with precious metals and gemstones

According to article 16 of the Law of Ukraine "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them", in connection with adoption of law of Ukraine "About the main beginnings of the state supervision (control) in the field of economic activity" and for the purpose of increase in efficiency of the state assay control of activities of subjects of managing, performing transactions with precious metals, gemstones, products from them and materials which contain them, I ORDER:

1. Approve the Instruction about procedure for conducting checks concerning accomplishment of the legislation of Ukraine when implementing transactions with precious metals and gemstones which is applied.

2. Declare invalid the order of the Ministry of Finance of Ukraine of May 18, 2001 N 240 "About approval of the Instruction about procedure for conducting checks concerning accomplishment of the current legislation in case of accomplishment of transactions with precious metals and gemstones; Regulations on implementation of the state assay control of quality of jewelry and household products from the precious metals and gemstones intended for realization by subjects of managing; The Procedure for sampling of raw materials, materials, scrap and waste of precious metals and gemstones and withdrawal of samples of jewelry and household products in the organizations which are checked" registered in the Ministry of Justice of Ukraine on August 23, 2001 for N 745/5936 (with changes).

3. (Nazimok M. M.) to submit to the public assay service in accordance with the established procedure this order on state registration to the Ministry of Justice of Ukraine.

4. To impose control over the implementation of this order on the deputy minister Fudashkin D. O.

Approved by the Order of the Ministry of Finance of Ukraine of December 22, 2008 No. 1519

The instruction about procedure for conducting checks concerning accomplishment of the legislation of Ukraine when implementing transactions with precious metals and gemstones

I. General provisions

1.1. This Instruction developed according to the Laws of Ukraine "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them" "About the main beginnings of the state supervision (control) in the field of economic activity", the Regulations on the Public assay service approved by the resolution of the Cabinet of Ministers of Ukraine of April 28, 2000 N 732, determines procedure for conducting by the Public assay service of checks and inspections concerning accomplishment of the legislation of Ukraine when implementing transactions with precious metals and gemstones.

1.2. In this Instruction the main requirements and procedure for conducting checks and inspections which are performed by the Public assay service for the purpose of check of accomplishment of the legislation concerning obtaining, use, accounting, storage and exhibiting of precious metals and gemstones, products from them, materials with their content, and also waste and scrap with content of precious metals and gemstones (dalsheoperation with precious metals and gemstones) subjects of managing irrespective of patterns of ownership, military units, divisions, organizations and the organizations of the Ministry of Defence of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and also the organizations and the organizations belonging to the sphere of management of other central executive bodies (dalshesubjekta) which perform transactions with precious metals and gemstones are determined, and also for the purpose of prevention of violations of requirements of the legislation of Ukraine when implementing transactions with precious metals and gemstones the specified subjects.

1.3. Requirements of this Instruction are obligatory for authorized officers of the Public assay service (further - controllers) and subjects which perform transactions with precious metals and gemstones.

1.4. The public assay service exercises control over the implementation of requirements of the legislation of Ukraine when implementing transactions with precious metals and gemstones in military units, divisions, organizations and the organizations of the Ministry of Defence of Ukraine, the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, and also in organizations and the organizations which belong to the sphere of other central executive bodies if they perform transactions with precious metals and gemstones.

1.5. Control of compliance with law of Ukraine when implementing transactions with precious metals and gemstones is performed by carrying out:

scheduled and unscheduled inspections;

planned inspections.

Subjects according to the annual and quarter plans of checks and inspections approved by the chairman of the Public assay service or his deputy are checked and inspected.

Unscheduled inspections are carried out in case:

the needs for control of accomplishment by the subject of the order concerning elimination of violations of requirements of the legislation issued by results of holding preliminary planned action;

appeals of physical persons and legal entities about violation by the subject of requirements of the legislation of Ukraine when implementing transactions with precious metals and gemstones.

Unscheduled inspections according to appeals of physical persons and legal entities are performed in coordination with the Ministry of Finance of Ukraine.

Checks and examinations are conducted in the presence at officials of the Public assay service of the written certificate on the right of conducting check which is drawn up signed by the chairman of the Public assay service or his deputy.

1.6. The list of subjects to which scheduled inspections and inspections are applied is determined taking into account the criteria of risk established by the legislation of Ukraine.

1.7. During scheduled inspection activities of the subject for all requirements specified in Item 2.7 of the Section II of this Instruction for the last year or longer period taking into account terms of conducting the last check are checked, but it is no more than 3 years. During unscheduled inspection activities of the subject only for those questions which became the basis for conducting check are checked.

1.8. During inspection the possibility of the subject to produce products from precious metals and gemstones according to requirements of regulating documents is established.

1.9. When conducting checks and inspections employees of the Public assay service shall provide the special mode of protection and information access which is trade secret and to adhere to requirements of the Law of Ukraine "About information" concerning use of information with limited access.

1.10. Controllers have the right:

1.10.1. Access to rooms of subjects which carry out transactions with precious metals and gemstones, in case of presentation of the official ID and on condition of compliance with law concerning the organization and conducting check;

1.10.2. Inspect workplaces, working and auxiliary rooms, places of permanent or temporary storage of precious metals and gemstones, products from them, materials with their content, waste and scrap which contain them, and in case of identification of violations to seal if it does not lead to production stop, the specified rooms and places. Demand from the head of the subject of carrying out complete or selective inventory of remaining balance of precious metals and gemstones, products from them and materials with their content, waste and scrap which contain them;

1.10.3. According to the law to require and receive from officials and other workers of the subject the relevant documents, necessary references and written explanations on the questions arising during checks;

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