ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of May 6, 2006 No. 215

About Rules of purchase and sale, export and import of the precious metals, gemstones and primary goods containing precious and non-ferrous metals

According to article 13 of the Law of the Republic of Tajikistan "About precious metals and gemstones" and with article 28 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" the Government of the Republic of Tajikistan decides:

1. Approve the enclosed Rules of purchase and sale, export and import of the precious metals, gemstones and primary goods containing precious and non-ferrous metals.

2. Approve the enclosed structure of the Commission of the Government of the Republic of Tajikistan on examination and assessment of unique gemstones.

3. Declare invalid the order of the Government of the Republic of Tajikistan of February 12, 1997 No. 88 "About approval of the Regulations on procedure for realization of precious metals".

Approved by the order of the Government of the Republic of Tajikistan of May 6, 2006 No. 215

Rules of purchase and sale, export and import of the precious metals, gemstones and primary goods containing precious and non-ferrous metals

1. These rules determine procedure for purchase and sale, import on customs area of the Republic of Tajikistan (further hereinafter is referred to as - "import to Tajikistan") and export from customs area of the Republic of Tajikistan (further "export from Tajikistan") precious metals, gemstones according to the list according to appendix 1 (further "precious metals and gemstones") and the primary goods containing precious and non-ferrous metals according to the list according to appendix 2 (further - "primary goods").

These rules do not extend on:

- import to Tajikistan and export from Tajikistan containing precious metals and gemstones of the cultural values which are not enlisted in the State fund of precious metals and gemstones of the Republic of Tajikistan;

- import on the territory of special economic zones, free customs zones and free warehouses;

- production, realization, export and import of jewelry from precious metals and gemstones;

2. In these rules the following basic concepts are used:

a) under affined by gold, platinum, metals of platinum group and silver in the form of ingots are understood:

- the ingots conforming to the standards established in the Republic of Tajikistan and to international standards;

- the ingots of foreign production made, the kleymenny and certified according to the legislation of country of source and meeting requirements of the international standard qualities accepted by the London association of participants of the market of precious metals;

b) under affined by gold, platinum, metals of platinum group and silver in the form of powder and granules the powder and granules conforming to the standards established in the Republic of Tajikistan and to international standards are understood.

c) are understood as precious and unique gemstones:

- the gemstones determined in appendix of 1 these rules.

- unique gemstones - the gemstones having the high and rare natural qualities of their education by the sizes and decorative qualities determined by the Commission of the Government of the Republic of Tajikistan on examination and assessment of unique gemstones.

d) are understood as authorized bodies of the Government of the Republic of Tajikistan:

- The state storage of values of the Republic of Tajikistan under the Ministry of Finance of the Republic of Tajikistan and National Bank of Tajikistan (further authorized bodies of the Government of the Republic of Tajikistan);

e) tax benefits are understood as privileges on the value added tax (zero rate) according to article 169 of the Tax Code of the Republic of Tajikistan and compensated (or set off) to subjects of their production and realization according to article 183 of the Tax Code of the Republic of Tajikistan;

e) specially authorized bodies and the organizations having the privilege of purchase of precious metals and gemstones are understood as purchase of precious metals and gemstones by them only on condition of preliminary (on precious metals at least in two months prior to expected purchase date) the conclusions of purchase and sale agreements of precious metals and gemstones with subjects of their extraction and production and advancing on account of the payments which are due from these bodies and the organizations for the specified agreements arising under the terms of the subitem "d" of Item 2 of these rules and advancing of extraction and production of precious metals and gemstones, connected with their conditions and terms of production cycle;

g) the permanent special Commission of the Government of the Republic of Tajikistan on examination and assessment of unique gemstones is understood as the Commission established by the Government of the Republic of Tajikistan (further the Commission of the Government of the Republic of Tajikistan).

3. Import to Tajikistan of precious metals, gemstones and primary goods is performed by legal entities and physical persons according to the Law of the Republic of Tajikistan "About licensing of separate types of activity" and the Customs Code of the Republic of Tajikistan.

4. Export from the Republic of Tajikistan affined gold, platinum, metals of platinum group and silver in the form of ingots, powder and granules, gemstones and primary goods containing precious and non-ferrous metals have the right to perform directly:

a) subjects of extraction and production of precious metals and gemstones (concerning the specified precious metals which are in their property in connection with implementation by them of production, productions and purchases of precious metals and gemstones under agreements in case of observance of requirements of Item 11 of these rules);

b) National Bank of Tajikistan;

c) the credit institutions having licenses of the relevant state body for making of transactions with precious metals (concerning the specified precious metals which are in their property and also realized by them in the foreign market under the commission agreements signed with owners of these precious metals);

d) The state storage of values of the Republic of Tajikistan under the Ministry of Finance of the Republic of Tajikistan;

e) the organizations having licenses for wholesale and retail trade by precious metals, gemstones and primary goods.

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