RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 29, 2010 No. 977

About procedure of the state assay supervision in the territory of the Republic of Belarus

According to the paragraph the fifth article 9 of the Law of the Republic of Belarus of June 21, 2002 "About precious metals and gemstones" the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve the enclosed Regulations on procedure of the state assay supervision in the territory of the Republic of Belarus.

2. Recognize to invalid:

the resolution of the Cabinet of Ministers of the Republic of Belarus of December 26, 1995 No. 702 "About the state assay supervision" (Collection of presidential decrees and resolutions of the Cabinet of Ministers of the Republic of Belarus, 1995, No. 36, the Art. 894);

the resolution of Council of Ministers of the Republic of Belarus of February 8, 2000 No. 167 "About modification and amendments in the resolution of the Cabinet of Ministers of the Republic of Belarus of December 26, 1995 No. 702" (The national register of legal acts of the Republic of Belarus, 2000, No. 20, 5/2605);

subitem 1.3 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of October 20, 2003 No. 1389 "About modification and amendments in some orders of the Government of the Republic of Belarus and recognition voided some decisions of the Government of the Republic of Belarus concerning licensing" (The national register of legal acts of the Republic of Belarus, 2003, No. 128, 5/13369);

the resolution of Council of Ministers of the Republic of Belarus of February 2, 2004 No. 110 "About entering of amendment into the resolution of the Cabinet of Ministers of the Republic of Belarus of December 26, 1995 No. 702" (The national register of legal acts of the Republic of Belarus, 2004, No. 23, 5/13780).

3. This resolution becomes effective from the date of its official publication.

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of June 29, 2010 No. 977

Regulations on procedure of the state assay supervision in the territory of the Republic of Belarus

1. In this Provision developed according to the Law of the Republic of Belarus of June 21, 2002 "About precious metals and gemstones" (The national register of legal acts of the Republic of Belarus, 2002, No. 73, 2/859), is determined procedure of the state assay supervision in the territory of the Republic of Belarus.

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus "About precious metals and gemstones" and also the following terms and their determinations are applied:

the manufacturer - the legal entity of the Republic of Belarus, the individual entrepreneur registered in the Republic of Belarus performing production of jewelry and other products (further - products) from precious metals;

the mark - brand of the manufacturer which print is applied on all products made by this manufacturer from precious metals and contains the image of the individual signs (the code of the manufacturer) appropriated to the manufacturer, and also signs specifying for year of production of product (the code of year).

3. The state assay supervision in the territory of the Republic of Belarus is exercised by means of carrying out:

3.1. complex of assay works and services which includes:

approbation, the analysis and branding the state assay brand of the Republic of Belarus of products from the precious metals made in the territory of the Republic of Belarus and (or) imported on the territory of the Republic of Belarus for realization;

examination of prints of the state assay brands of the Republic of Belarus;

examination of products from precious metals and diagnostics of the facetted gemstones according to requests, determinations and resolutions of courts and law enforcement agencies of the Republic of Belarus;

3.2. control for:

observance of requirements of the legislation of the Republic of Belarus regulating questions of use, accounting and reporting, storage of precious metals and gemstones, including production of products from precious metals and gemstones;

completeness of collection of scrap and the waste containing precious metals and gemstones from all sources of education, timeliness of their delivery for conversion for the purpose of replenishment of the State fund of precious metals and gemstones of the Republic of Belarus.

4. For products from the precious metals which are subject to branding the following tests are established:

platinum - 900 (nine-hundredth);

platinum - 950 (nine hundred fiftieth);

gold - 375 (three hundred seventy fifth);

gold - 500 (five-hundredth);

gold - 583 (five hundred eighty third);

gold - 585 (five hundred eighty fifth);

gold - 750 (seven hundred fiftieth);

gold - 958 (nine hundred fifty eighth);

silver - 750 (seven hundred fiftieth);

silver - 800 (eight-hundredth);

silver - 830 (eight hundred thirtieth);

silver - 875 (eight hundred seventy fifth);

silver - 925 (nine hundred twenty fifth);

silver - 960 (nine hundred sixtieth);

palladic - 500 (five-hundredth);

palladic - 850 (eight hundred fiftieth);

for dental gold disks - 900 (nine-hundredth).

The 583 (five hundred eighty third) test established for gold products is applied only to the products made by individual orders of citizens of the products belonging to them from gold and their scrap.

Signs of the state assay brands are established by the Ministry of Finance.

5. The products from precious metals made in the territory of the Republic of Belarus, and also imported into the Republic of Belarus for realization shall correspond to the established tests and to be provided to the Ministry of Finance for obligatory approbation and branding by the state assay brand of the Republic of Belarus, except:

the products which are not subject to obligatory approbation and branding according to appendix to this Provision;

the products which are subject to voluntary approbation and branding according to Item 8 of this provision;

products, approbation and which branding, by determination of the Ministry of Finance, technically is impossible.

6. The products from precious metals made in the territory of the Republic of Belarus are represented on approbation and branding by the manufacturer. The manufacturer before representation of products from precious metals on approbation and branding shall apply prints of the mark appropriated to this manufacturer on such products.

The products from precious metals imported on the territory of the Republic of Belarus for realization are represented on approbation and branding before their realization by the legal entity or individual entrepreneur who performed import of these products. Acceptance on approbation and branding of such products is performed only in case of submission of the documents confirming legality of their acquisition, customs clearance and customs payment or statistical declaring.

From citizens on approbation and branding the products from precious metals having the damaged or the polished prints of the state assay brands of the Republic of Belarus or the countries of the former USSR, and also product from precious metals having prints of foreign state assay brands or digital designation of test in the quantity established by the legislation for the goods for private use imported on customs area of the Republic of Belarus without payment of import customs duties and taxes are accepted.

7. Shown on the approbation and branding of product from precious metals imported into the Republic of Belarus are subject only to approbation in case of determination of impossibility of drawing the state assay brand by the Ministry of Finance without violation of integrity and trade dress of such products.

8. The products from precious metals made in the Republic of Belarus and intended for export from the territory of the Republic of Belarus except the products made by individual orders of citizens of the products belonging to them from precious metals and scrap of such products are subject to voluntary approbation and branding.

On the products from precious metals which are not provided on voluntary approbation and branding, the manufacturer shall put prints of the mark appropriated to it to the manufacturer and the digital designation of test (further - the code of test) specifying content of precious metal in alloy.

Compliance of products from the precious metals which are not provided on voluntary approbation and branding, to the code of test specified on such products is guaranteed by the manufacturer.

9. The products from precious metals which are subject to branding according to this Provision shall not contain the parts made of non-noble metals, except for:

mechanisms of hours, lighters and similar products;

edges of knives, screw parts of corkscrews and similar parts of products which cannot be made of precious metals;

springs, axes of hinges, pins;

pins of brooches, badges and similar products from silver.

Except specified in part one of this Item, the branding of the products representing combination of parts from precious metals with demountable and (or) separable parts from non-noble metals which shall have prints of sign is allowed "mt" (metal) or similar ("нерж", "steel", etc.).

Knives, forks and other tableware with the shanks filled with nonmetallic materials in the quantities necessary for their fixing are subject to branding according to this Provision of product from precious metals, made with use of nonmetallic parts (inserts, enamel, common people), including.

10. The products having test below the established minimum test for the corresponding precious metal and also the products made using non-noble metals except specified in Item 9 of this provision, are not subject to branding and realization as products from precious metals. Such products shall not have the prints of brands on the appearance reminding prints of the state assay brands or codes of tests of precious metals.

11. Codes of marks are annually established by the Ministry of Finance and are led up to manufacturers.

Appendix

to Regulations on procedure of the state assay supervision in the territory of the Republic of Belarus

The list of the products which are not subject to obligatory approbation and branding

1. The products from precious metals having historical, scientific and art value, and also awards, medals, coins, ingots.

2. The devices, laboratory glassware and other technical products from precious metals intended for scientific, production, medical and other purposes except dental gold disks.

3. Weapon, vases, dishes, caskets, objects of religious cult and other products from non-noble metals (materials) having small notches (incrustations) by gold and (or) silver.

4. Gold leaf and sugary silver.

5. Handles from non-noble metals with feathers from precious metals.

6. Books, albums, folders and similar products with plates for texts from precious metals or in salaries from precious metals.

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