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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 25, 2021 No. 1015

About federal state assay supervision

According to Item 1 of part 2 of article 3 of the Federal law "About the State Control (Supervision) and Municipal Control in the Russian Federation" and article 26.1 of the Federal law "About Precious Metals and Gemstones" Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on federal state assay supervision;

the list of production facilities of the affinaging organizations and organizations performing sorting, primary classification and primary assessment of gemstones concerning which the mode of constant state control (supervision) is set.

2. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

3. Realization of the powers provided by this resolution is performed by Federal assay chamber (its territorial authorities) within the limiting Russian Federation established by the Government of the number of employees of Federal assay chamber (its territorial authorities), and also budgetary appropriations provided to Federal assay chamber (its territorial authorities) in the federal budget on management and management in the sphere of the established functions.

4. This resolution becomes effective since July 1, 2021.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of June 25, 2021 No. 1015

Regulations on federal state assay supervision

I. General provisions

1. This Provision establishes procedure of federal state assay supervision.

2. Federal state assay supervision is exercised by the federal executive body performing functions on the state control (supervision) in the field of production, use and the address of precious metals and gemstones.

Constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones is performed by the public institution performing functions in the sphere of use and the address of gemstones subordinated to the authorized federal executive body performing functions on development of state policy and normative legal regulation in the sphere of production, conversion and address of precious metals and gemstones.

3. Subject of federal state assay supervision is observance:

the legal entities, individual entrepreneurs performing production, use, the address of precious metals in any condition and type, sorting, primary classification and primary assessment of gemstones, their use and the address established by the Federal Law "About Precious Metals and Gemstones", other Federal Laws and other regulatory legal acts of the Russian Federation of mandatory requirements in the field of production, use and the address of precious metals, and also production (regarding sorting, primary classification and primary assessment of gemstones), uses and addresses of gemstones;

the organizations and individual entrepreneurs (licensees) performing activities for processing (conversion) of scrap and waste of precious metals and (or) activities for buying up at physical persons of jewelry and other products from precious metals and gemstones, scrap of such products, licensed requirements to the specified types of activity established by Regulations on licensing of activities for processing (conversion) of scrap and waste of precious metals (except for activities for processing (conversion) by the organizations and individual entrepreneurs of scrap and waste of the precious metals formed and collected by them in the course of own production, and also jewelry and other products from self-produced precious metals, unrealized and returned to the producer) and Regulations on licensing of activities for buying up at physical persons of jewelry and other products from precious metals and gemstones, scrap of such products, the approved order of the Government of the Russian Federation of September 12, 2020 No. 1418 "About licensing of the separate types of activity connected with precious metals and gemstones".

4. Accounting of objects of federal state assay supervision - activities of the legal entities and individual entrepreneurs performing activities in the field of production, productions, uses and addresses of precious metals and gemstones (further - objects of supervision, controlled persons), is performed by means of inclusion in the register of special accounting of the legal entities and individual entrepreneurs performing transactions with precious metals and gemstones.

When implementing federal state assay supervision the mode of constant state control (supervision) concerning the affinaging organizations and the organizations performing sorting, primary classification and primary assessment of gemstones according to provisions of the Federal Law "About the State Control (Supervision) and Municipal Control in the Russian Federation" is set (further - the Federal Law No. 248-FZ).

5. Federal state assay supervision is exercised by Federal assay chamber according to the Section II of this provision.

Constant state control (supervision) concerning the organizations performing sorting, primary classification and primary assessment of gemstones is performed by federal state institution "Public Institution on Forming of the State Fund of Precious Metals and Gemstones of the Russian Federation, Storage, Leave and Use of Precious Metals and Gemstones (Gokhran of Russia) under the Ministry of Finance of the Russian Federation" (further - Gokhran of Russia) according to the Section III of this provision.

6. Federal state assay supervision is exercised including using the state integrated information system in the sphere of control of turnover of precious metals, gemstones and products from them at all stages of this turnover (further - GIIS DMDK).

II. Procedure of federal state assay supervision by Federal assay chamber

7. The federal assay chamber exercises federal state assay supervision using criteria of reference of objects of supervision to categories of risk of damnification (damage) (further - criteria).

For the purpose of implementation of federal state assay supervision the following categories of risk are established:

extremely high risk;

high risk;

average risk;

low risk.

8. Reference of objects of supervision to category of risk is given in appendix No. 1.

In the presence of data on realization by the controlled person referred to category of high or average risk, actions for application exception to activities of such persons of the criteria of risk corresponding to categories of high or average risk, activities of such person are subject to reference to category of low risk.

By provision by controlled person of access of Federal assay chamber to the information resources activities of such person are subject to reference to category of low risk.

If object of supervision is not referred by regulatory (supervising) authority to certain category of risk, it is considered referred to category of low risk.

9. Reference of objects of supervision to certain category of risk, including change of the category of risk which is earlier appropriated to object of supervision, is performed based on data, available Federal assay chamber, and also using GIIS DMDK and affirms the relevant decision of the authorized officer of territorial authority of Federal assay chamber in coordination with the official of Federal assay chamber (further - the decision on reference to category of risk).

If controlled person performs activities in the field of production, uses and addresses of precious metals, gemstones in areas of activities of several territorial authorities of Federal assay chamber, reference of objects of supervision to certain category of risk, including change of the category of risk which is earlier appropriated to object of supervision, is performed by the relevant decision of the authorized officer of territorial authority of Federal assay chamber in the place of state registration of controlled person in coordination with the official of Federal assay chamber.

10. Before decision making about reference to one of categories of risk object of supervision is considered referred to category of low risk.

11. Carrying out by authorized officers of territorial authorities of Federal assay chamber of planned actions for control concerning controlled persons depending on the appropriated category of risk is performed with the following frequency:

for category of extremely high risk level inspection visit, either documentary check, or exit check, or raid survey - 2 times a year;

for category of high risk level inspection visit, either documentary check, or exit check, or raid survey - 1 time in 2 years;

for category of the average level of risk inspection visit, either documentary check, or exit check, or raid survey - 1 time in 3 years.

Concerning activities of controlled persons which are referred to category of low risk planned events for control are not held.

12. Territorial authorities of Federal assay chamber keep the list of controlled persons which contains the following information:

full name of the legal entity, surname, name and middle name (in the presence) individual entrepreneur;

number of special accounting;

primary state registration number of the legal entity, individual entrepreneur;

identification taxpayer number;

location of the legal entity, individual entrepreneur;

specifying on category of risk of activities of controlled person, decision date about reference to category of risk of activities of controlled person.

13. The federal assay chamber posts on the official site on the Internet (further - Internet network) and supports in urgent condition the following information from the list of controlled persons with distribution them on areas of activities of territorial authorities of Federal assay chamber:

full name of the legal entity, surname, name and middle name (in the presence) individual entrepreneur;

number of special accounting;

primary state registration number of the legal entity, individual entrepreneur;

identification taxpayer number;

location of the legal entity, individual entrepreneur;

specifying on category of risk of activities of controlled person, decision date about reference to category of risk of controlled person.

14. At the request of controlled person to whose activities certain category of risk is appropriated the territorial authority of Federal assay chamber provides to controlled person information on the category of risk, and also the data appropriated to its activities based on which the decision on reference to category of risk is made.

15. Controlled person has the right to submit to territorial authority of Federal assay chamber the application for change of the category of risk appropriated earlier in case of change of criteria of reference of objects of supervision to certain category of risk.

16. The federal assay chamber annually approves the program of prevention of violations of mandatory requirements of the Federal Law "About Precious Metals and Gemstones" (further - the program of prevention of violations of mandatory requirements) in the sphere of federal state assay supervision which is posted on the official site of Federal assay chamber in Internet network.

17. In case of approval of the program of prevention of violations of mandatory requirements the Federal assay chamber considers categories of risk to which activities of controlled persons are referred.

The federal assay chamber can hold the following preventive events:

informing;

generalization of law-enforcement practice;

announcement of caution;

preventive visit;

consultation.

18. The federal assay chamber performs informing controlled persons and other interested persons concerning observance of mandatory requirements by means of placement of the corresponding data on the official site of Federal assay chamber in Internet network, in mass media, through private offices of controlled persons in the state information systems.

The federal assay chamber places and supports in urgent condition on the official site in Internet network:

texts of the regulatory legal acts regulating implementation of federal state assay supervision;

the list of the regulatory legal acts regulating implementation of federal state assay supervision with indication of structural units of these acts containing mandatory requirements which assessment of observance is control subject, and also information on the measures of responsibility applied in case of violation of mandatory requirements;

data on the changes made to the regulatory legal acts regulating implementation of federal state assay supervision about terms and procedure for their entry into force;

the managements on observance of mandatory requirements developed and approved according to the Federal Law "About Mandatory Requirements in the Russian Federation";

the list of criteria and indicators of risk of violation of mandatory requirements, procedure for reference of activities of controlled persons to categories of risk;

the list of controlled persons with indication of category of risk;

program of prevention of violations of mandatory requirements and plan of holding planned control (supervising) actions by territorial authorities;

the exhaustive list of data which can be requested by territorial authority of Federal assay chamber from controlled person;

data on methods of receipt of consultations concerning observance of mandatory requirements in the sphere of implementation of federal state assay supervision;

quarterly data on procedure for pre-judicial appeal of decisions of the territorial authority of Federal assay chamber exercising federal state assay supervision, actions (failure to act) of his officials no later than the 10th following reporting;

the report prepared by the body exercising federal state assay supervision, at least once a year;

public discussion of the draft of the report on law-enforcement practice;

the annual report including results of generalization of law-enforcement practice about condition of federal state assay supervision which affirms the order (order) of the head of Federal assay chamber, no later than March 1 of the year following reporting in time;

other data provided by regulatory legal acts of the Russian Federation in the sphere of federal state assay supervision and (or) the program of prevention of violations of mandatory requirements.

19. In case of availability at Federal assay chamber or its territorial authority of data on the preparing violations of mandatory requirements or signs of violations of mandatory requirements and (or) in case of lack of the confirmed data that violation of mandatory requirements did harm (damage) to the values protected by the law or created threat of damnification (damage) to the values protected by the law territorial authority of Federal assay chamber announces to controlled person caution inadmissibility of violation of mandatory requirements and suggests to take measures for ensuring compliance with mandatory requirements.

20. The decision on the direction of caution is made by the head, the deputy manager of territorial authority of Federal assay chamber based on proposals of the official of territorial authority of Federal assay chamber in the presence at it data on the preparing violations of mandatory requirements or signs of violations of mandatory requirements and (or) in case of lack of the confirmed data that violation of mandatory requirements did harm (damage) to the values protected by the law or created threat of damnification (damage) to the values protected by the law, received during implementation of actions on control, performed without interaction with controlled persons, or the arrived addresses and statements containing in, information from public authorities, local government bodies, from mass media (further - data on violations), the territorial authority of Federal assay chamber announces to controlled person caution and proposes measures for ensuring compliance with mandatory requirements.

21. Creation and the direction of caution is performed no later than 30 calendar days from the date of obtaining by the official of territorial authority of Federal assay chamber of data on violations of mandatory requirements.

In caution are specified:

the name of territorial authority of Federal assay chamber which directs caution;

date and number of caution;

name of controlled person;

specifying on mandatory requirements, regulatory legal acts, including their structural units providing the specified mandatory requirements;

information on what actions (failure to act) of controlled person bring or can lead to violation of mandatory requirements;

the offer to controlled person to take measures for ensuring compliance with mandatory requirements;

the offer to send to controlled person the notification on execution of caution to territorial authority of Federal assay chamber;

term (at least 60 calendar days from the date of the direction of caution) for the direction to controlled person of the notification on caution execution;

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