ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of July 13, 2017 No. 115n

About procedure for determination and approval of regulations of exit of products of conversion of the gemstones specified in Section 2.9 of the inventory concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union is established

According to Item 22 of the Regulations on import to the Russian Federation from the states which are not entering into the Eurasian Economic Union and export from the Russian Federation to these states of the precious metals, gemstones and primary goods containing precious metals, No. 1137 approved by the Presidential decree of the Russian Federation of September 20, 2010 (The Russian Federation Code, 2010, No. 39, Art. 4923; 2012, No. 53, Art. 7865; 2016, to No. 30, of the Art. 4905), I order:

1. Approve the enclosed Procedure for determination and approval of regulations of exit of products of conversion of the gemstones specified in Section 2.9 of the inventory concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union is established (further - the List).

2. Determine that approval of regulations of exit of products of conversion of the gemstones specified in Section 2.9 of the List performs Department of state regulation in the field of production, conversion and the address of precious metals and gemstones and currency exchange control of the Ministry of Finance of the Russian Federation.

Approved by the Order of the Ministry of Finance of the Russian Federation of July 13, 2017, No. 115n

Procedure for determination and approval of regulations of exit of products of conversion of the gemstones specified in Section 2.9 of the inventory concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union is established

I. General provisions

1. This Procedure establishes rules of determination and approval of regulations of exit of products of conversion of the gemstones specified in Section 2.9 of the inventory concerning which the allowing procedure for import to customs area of the Eurasian Economic Union and (or) export from customs area of the Eurasian Economic Union (appendix No. 2 to the Decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 "About measures of non-tariff regulation" is established (The Official site of the Eurasian Economic Union of http://www.eaeunion.org/, on April 22, 2015) (further - regulations of exit of products of conversion), in case of their room under customs procedures of conversion on customs area, outward processings and conversions for internal consumption by the legal entities and physical persons registered as the individual entrepreneurs having in accordance with the legislation of the Russian Federation the right to perform facet of gemstones, including natural diamonds for production of diamonds (further - applicants), for the purpose of implementation of agreements in foreign trade (contracts) for conversion of the raw gemstones, including rough natural diamonds in diamonds (further - the agreement in foreign trade (contract), concluded with the foreign partner (further - the party of the agreement in foreign trade (contract).

2. For the purpose of determination of regulations of exit of products of conversion by applicants:

a) the technological production process chart and specifications (standards) of production of the processed gemstones is approved with the party of the agreement in foreign trade (contract);

b) the forecast of production of the processed gemstones (except for diamonds) on groups of weight received as a result of conversion of the raw gemstones and (or) the forecast of production of the diamonds for weight groups of weight received as a result of conversion of the rough natural diamonds according to the assortment specified in the specification which is integral part of the agreement in foreign trade (contract) is constituted;

c) regulations of exit of products of conversion of gemstones are calculated.

II. Calculation of regulations of exit of products of conversion

3. Calculation of regulations of exit of products of conversion of the natural diamonds sorted according to the complete nomenclature is performed on each line item imported into the Russian Federation from the states which are not entering into the Eurasian Economic Union, and exported from the Russian Federation to these states of natural diamonds (further - the imported (exported) natural diamonds) which is characterized by certain combination of classification signs and the corresponding such line item to weight group.

Calculation of regulations of exit of products of conversion of the natural diamonds sorted according to the enlarged nomenclature is performed on each enlarged line item of the imported (exported) natural diamonds which is characterized by certain group signs, and the corresponding such enlarged line item to weight group.

4. For calculation of regulations of exit of products of conversion by applicants the following documents and data are used:

a) the specifications and technical documentation for determination of classification and cost characteristics of gemstones published on the official site of the Eurasian Economic Union on the Internet, calculations of technological services of the applicant and (or) the party of the agreement in foreign trade (contract);

b) the description of engineering procedure of production of the processed gemstones, including diamonds of natural diamonds;

c) the list of the used production equipment;

d) statistical data on conversion on production of the applicant or the party of the agreement in foreign trade (contract) of the raw gemstones, including natural diamonds in diamonds (on each line item of the nomenclature (complete or enlarged) the imported (exported) natural diamonds and the corresponding such line item to weight group of such diamonds);

e) in case of lack of statistical data on conversion on production of the applicant or the party of the agreement in foreign trade (contract) of the imported (exported) natural diamonds, for calculation of regulations of exit of products of conversion the forecast of production of diamonds constituted by specialists of the applicant or the party of the agreement in foreign trade (contract) is used.

5. Calculation of regulations of exit of diamonds according to the forecast of production of diamonds (on the enlarged weight groups of weight) is perfromed in any form or on recommended sample according to appendix No. 1 to this Procedure and includes:

a) determination of the minimum, maximum or average measure value of regulation of exit of diamonds (as a percentage) (on each enlarged weight group of weight) based on statistical data on conversion on production of the applicant or the party of the agreement in foreign trade (contract) of natural diamonds in diamonds or based on the forecast of production of diamonds. The measure value of regulation of exit of diamonds is (as a percentage) determined as the relation of the value of mass of diamonds (on each enlarged weight group of weight) calculated based on the specified statistical data or based on the forecast of production of diamonds to value of mass of the corresponding natural diamonds;

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