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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 7, 1998 No. 653

About procedure for sale of precious metals and gemstone, gemstone of organogenic education and semiprecious stone from the State fund of precious metals and gemstone

(as amended on 28-11-2012)

In pursuance of Item 3 of article 14 of the Law of Ukraine "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them" the Cabinet of Ministers of Ukraine DECIDES:

Approve the Procedure for sale of precious metals and gemstones, gemstones of organogenic education and semiprecious stones from the State fund of precious metals and gemstones it (is applied).

 

Prime Minister of Ukraine V. PUSTOVOYTENKO

Approved by the resolution of the Cabinet of Ministers of Ukraine of May 7, 1998, No. 653

Procedure for sale of precious metals and gemstones, gemstones of organogenic education and semiprecious stones from the State fund of precious metals and gemstones

1. This Procedure determines the procedure of sale of precious metals and gemstones, gemstones of organogenic education and semiprecious stones, in particular products from them (further - values), from the State fund of precious metals and gemstones (further - Fund).

2. Sale of values from Fund is performed by the State storage of precious metals and gemstones (dalshekhranilishche) based on the decision of the Ministry of Finance in the amounts necessary for:

satisfactions of production, scientific, welfare, investment and other needs of the state;

sales to subjects of managing;

sales of bank metals to National Bank;

sales in the world market;

sales on other purposes determined by the Cabinet of Ministers of Ukraine.

3. Sales amounts of values from Fund are determined by the Ministry of Finance by the appeal of Storage. At the same time the priority right to acquisition of values is granted to subjects of managing for accomplishment of state orders and satisfaction of other needs of the state.

4. Sale of values is performed based on the agreement of pokupkiprodazha after advance payment of their cost.

5. Separate products from precious metals and gemstones, gemstones of organogenic education and semiprecious stones according to the decision of the commission formed by the Ministry of Finance can be sold at auction.

Regulations on the commission, its structure and procedure for sale at auction of the specified products affirm the Ministry of Finance.

6. Subjects of managing for the purpose of purchase of values submit to Storage written addresses in which are specified:

purpose of purchase of values;

the name of values (precious metals by products types (with indication of brand, DSTU, TU for the affined precious metals), gemstones, gemstones of organogenic education and semiprecious stones according to the terms determined by the legislation);

the number of values (precious metals - in grams with indication of the net weight of precious metal, gemstones - in carats, gemstones of organogenic education and semiprecious stones - in grams);

data of the subject of managing (for legal litsanaimenovaniye, code according to EGRPOU, the location; for the physical person - the entrepreneur - surname, name, middle name, registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and reported about it to relevant organ of the State Tax Service and have mark in the passport).

The copy of the document certified by the signature of physical litsapredprinimatel or the head of the legal entity who confirms registration of the physical person - the entrepreneur or the legal entity in bodies of the State Tax Service is attached to the address.

7. Registration of the address of the subject of managing is carried out by Storage in day of its receipt.

The documents filed by the subject of managing not in full return Storage to the subject of managing without consideration.

8. In the presence in Fund of enough values and economic feasibility of their sale the Storage within two days from the date of registration of the address of the subject of managing submits to the Ministry of Finance the written address in which are specified:

data of the subject of managing which addressed to Storage for the purpose of acquisition of values from Fund (for legal litsanaimenovaniye, code according to EGRPOU, the location; for the physical person - the entrepreneur - surname, name, middle name, registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs refuse adoption of registration number of accounting card of the taxpayer and reported about it to relevant organ of the State Tax Service and have mark in the passport);

the name of values and their quantity (precious metals - in grams with indication of ligaturny and net weight, gemstones - in carats, gemstones of organogenic education and semiprecious stones - in grams).

The storage attaches the copy of the address of appropriate subject of managing to the address.

9. In case of lack of enough values in the Storage Fund within two days from the date of registration of the address of the subject of managing reports to him about it the letter.

10. In case of sale from Fund of bank metals to the Storage National Bank submits to the Ministry of Finance the written address in which are specified:

sales objective of bank metals;

the name of bank metals by products types with indication of brand, DSTU, TU;

amount of bank metals in grams with indication of ligaturny and net weight;

data concerning the cost of bank metals;

confirmation of National Bank concerning consent to acquisition of bank metals.

11. The decision on sale or refusal on sale of values is accepted by the Ministry of Finance not later than 15 working days from receipt date of the appeal of Storage in time and is sent to Storage.

12. On sale of values refuses in case:

identifications of unreliable information in the documents filed by the subject of managing;

absence stipulated by the legislation for giving to the Ministry of Finance of operations statements with precious metals and gemstones of the subject of managing which addressed to Storage for the purpose of purchase of values;

inexpediency of sale of values proceeding from requirements of economy, and also market situation of precious metals and gemstones.

13. Based on the decision of the Ministry of Finance on sale of values the Storage signs with the subject of managing or National Bank respectively the agreement of purchase sale of values or the agreement of pokupkiprodazha of bank metals. Integral part of the agreement is the protocol of coordination of the price of values or bank metals.

14. Sale of values is performed at market prices.

Sale of products from precious metals and gemstones, gemstones of organogenic education and semiprecious stones at auction is performed at the highest prices which developed during the auction, but not below market.

15. Shall be applied to values which are implemented by Storage:

for precious metals - the copy of the document which confirms quality of metal;

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