ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of September 7, 2020 No. 547

About introduction of amendments to the order of the Ministry of Finance of Ukraine of October 20, 1999 No. 244

According to articles 15, of 16-1 Law of Ukraine "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them", I ORDER to Item 3 of the Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, for the purpose of reduction of the regulatory legal act in compliance with the legislation of Ukraine:

1. Bring in the order of the Ministry of Finance of Ukraine of October 20, 1999 No. 244 "About approval of the Instruction about implementation of the state expert and assay control of quality of jewelry and household products from precious metals" the following changes:

Heading of the order to state 1) in the following edition:

"About approval of the Instruction about procedure of branding of jewelry and household products from precious metals, about carrying out testing and examinations of precious metals, products from them, inserts of gemstones, museum objects containing precious metals and gemstones, prints of the state assay brands";

Item 1 to state 2) in the following edition:

"1. Approve the Instruction about procedure of branding of jewelry and household products from precious metals, about carrying out testing and examinations of precious metals, products from them, inserts of gemstones, museum objects containing precious metals and gemstones, prints of the state assay brands which is applied).".

2. Make changes to the Instruction about implementation of the state expert and assay control of quality of precious metals, inserts of gemstones, products from them and the materials containing precious metals and inserts of gemstones, approved by the order of the Ministry of Finance of Ukraine of October 20, 1999 No. 244, registered in the Ministry of Justice of Ukraine on December 16, 1999 for No. 874/4167 (in edition of the order of the Ministry of Finance of Ukraine of February 05, 2004 No. 143), having been reworded as follows it which is applied.

3. To provide to management of state policy in the field of assay control, documents of the strict reporting and lottery activities in accordance with the established procedure submission of this order on state registration in the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the First Deputy Minister Ulyutin D. V.

Approved by the Order of the Ministry of Finance of Ukraine of October 20, 1999 No. 244

(in edition of the Order of the Ministry of Finance of Ukraine of September 07, 2020 No. 547)

The instruction about procedure of branding of jewelry and household products from precious metals, about carrying out testing and examinations of precious metals, products from them, inserts of gemstones, museum objects containing precious metals and gemstones, prints of the state assay brands

I. General provisions

1. This Instruction determines the main requirements and procedure of branding of jewelry and household products from precious metals, procedure for carrying out testing and examinations of precious metals, products from them, inserts of gemstones, museum objects containing precious metals and gemstones, prints of the state assay brands.

2. Provisions of this Instruction are obligatory for:

the state companies of assay control, legal entities and physical persons which are subjects of managing (further - subjects of managing) and also for physical persons which are not subjects of managing (further - physical persons) and which give products from precious metals on branding to the state companies of assay control, to subjects of managing with the branding right the state assay brand of products from self-produced precious metals - regarding Sections II and V of this Instruction, except for the requirements which are not within their competence.

3. The state companies of assay control which belong to the sphere of management of the Ministry of Finance of Ukraine perform obligatory branding of the jewelry and household products made of precious metals, testing, control analyses and examinations of materials, jewelry and household products, containing precious metals, examination of inserts of gemstones, the museum objects containing precious metals and gemstones.

4. In this Instruction terms and concepts are used in the following values:

1) testing - expert and assay transaction by determination of test of alloy of precious metal (alloys of precious metals) in products by nondestructive method;

2) the product from precious metal is the any jewelry (household) product made of alloy (alloys) and precious (precious) metal (metals) - gold, silver, platinum, palladium which is used as ornament or household item;

3) additional part of product - part of jewelry or household product which by the sizes, and also on technical and esthetic appointments supplements the main part, but at the same time can independently be used;

4) minor part of product are fine details of jewelry or household product (slips, elements of connections and so forth);

5) examination - research of the actual content of precious metals in products and materials (test of alloy of precious metal), characteristics of inserts of gemstones, prints of assay brands according to regulating documents;

6) the combined product - any jewelry or household product consisting of the parts made of alloy of precious metal, and the parts made of non-noble metal or other material;

7) the control analysis - the chemical analysis of content of precious metals in the selected test from assigned amount of products from precious metals which is carried out for the purpose of determination of test of alloy in products from precious metals or their samples;

8) the main part of product - part (detail) of jewelry or household product which determines (characterizes) its appointment and contains the largest mass of precious metal;

9) assay needle - alloy of precious metal of certain test, precisely certain chemical composition which is applied to comparison during testing of alloy of precious metal. The assay needle consists of brass plate (derzhavka) with the alloy soldered on it which on chemical composition corresponds to the established tests;

10) assay payment - payment of expert and assay works;

11) the assay stone - on the mineralogical structure belongs to siliceous slates, has characteristic black color, uniform fine-grained structure, is steady against effect of mineral acids, is applied during testing of products from precious metals;

12) alloy of precious metal - the solid solution containing, at least, one precious metal;

13) the chemical analysis - determination of content of precious metals in products and materials using the verified techniques of chemical analyses;

14) values - the products and materials containing precious metals and gemstones.

Other terms and concepts are used in the values given in the Law of Ukraine "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them".

5. Collection and sending to processing enterprises of waste which contain precious metals and are formed at the state companies of assay control when implementing testing and the analysis of values, during conducting examination of values, and also from the fulfilled assay needles, performed at the state companies of assay control with observance of requirements of the current legislation.

II. Requirements to products from precious metals

1. All products from precious metals made in the territory of Ukraine by subjects of managing shall correspond to one of the tests established by the law and requirements of regulating documents.

2. Materials shall not contain the harmful impurity determined according to regulatory legal acts and regulating documents in the products having direct contact with skin of the person and foodstuff.

3. Products from precious metals which are represented on testing and branding shall have complete collected appearance, except for products which in coordination with the state companies of assay control can be represented on testing before drawing on them covering or in unassembled form (in the presence of all details) if testing and (or) branding it is impossible in assembled form. Representation by manufacturers on testing and branding in the state companies of assay control of self-produced products without the fixed inserts is allowed.

Subjects of managing give products from precious metals on testing and branding to the state companies of assay control sorted by the types of precious metals, names of products declared to tests and chemical compositions of alloys.

Physical persons give products from precious metals on testing and branding sorted by their types.

4. All parts of products, except combined, shall be made of alloy of precious metal. The list of details and parts of pieces of jewelry which production is allowed from non-noble metal and nonmetallic material is given in appendix 1 to this Instruction.

5. The combined products in which parts of precious metals are combined with parts from non-noble metals shall have print "METAL" or "MET" which the manufacturer or according to its order puts on product the state companies of assay control. The print is put down on part from non-noble metal.

In case of impossibility of drawing print "METAL" or "MET" on part from non-noble metal in connection with their design features is allowed drawing such prints along with reflection of the main state assay brand.

6. In products from precious metals provided that the parts specified in appendix 1 to this Instruction have accurately expressed differences from precious metal of which the product is made, nonmetallic parts can be used (inserts, enamels and so forth).

7. Parts from non-noble metals and other materials shall not have coverings from precious metal.

The product and parts (detail) from precious metal is allowed to be covered with non-noble metal, at the same time by results of the chemical analysis general test of product shall correspond to one of the established tests.

8. The product from precious metal is allowed to be covered with other precious metal, on condition of branding of such product in case of alloy of the main precious metal (for example, the product silver, covered with gold, is branded as silver).

9. Nonmetallic protective coating on silver products (special polymers, varnishes and so forth) on condition of compliance of test of these products (together with covering) to regulating documents is allowed.

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