ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of October 12, 2016 No. 714

About approval of Rules of receipt of refusal of subjects of production of precious metals or confirmation of authorized body about availability of such refusal, and also conditions for subjects of production of precious metals

According to Item 2 of article 8 of the Law of the Republic of Kazakhstan of January 14, 2016 "About precious metals and gemstones" PRIKAZYVAYU:

1. Approve the enclosed Rules of receipt of refusal of subjects of production of precious metals or confirmation of authorized body about availability of such refusal, and also condition for subjects of production of precious metals.

2. To committee of industrial development and industrial safety of the Ministry for Investments and Development of the Republic of Kazakhstan (Erzhanov A. K.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in paper and electronic type on official publication in periodic printing editions and information system of law of Ad_let, and also in Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

4. This order becomes effective after twenty one calendar days after day of its first official publication.

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of October 12, 2016 No. 714

Rules of receipt of refusal of subjects of production of precious metals or confirmation of authorized body about availability of such refusal, and also condition for subjects of production of precious metals

Chapter 1. General provisions

1. These rules of receipt of refusal of subjects of production of precious metals or confirmation of authorized body about availability of such refusal, and also condition for subjects of production of precious metals (further - Rules) are developed according to Item 2 of article 8 of the Law of the Republic of Kazakhstan of January 14, 2016 "About precious metals and gemstones" and determine procedure for obtaining by persons having intention to make export from the territory of the Republic of Kazakhstan of the primary goods containing precious metals, refusal of all subjects of production of precious metals or confirmation of authorized body about availability of such refusal and also establish conditions for subjects of production of precious metals.

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

1) precious metals - gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium) in any condition and type;

2) subjects of production of precious metals - the legal entities of the Republic of Kazakhstan performing production of precious metals in the territory of the Republic of Kazakhstan;

3) the primary goods containing precious metals - the raw precious metals (including Dore's alloy in the form of ingot, cathodic metals), zinc rainfall, scrap and waste of precious metals, ores and concentrates of precious metals, the ores, concentrates and ashes of non-ferrous metals, semi-products of production of non-ferrous metals containing precious metals;

4) authorized body - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of production of precious metals and turnover of precious metals and gemstones, the primary goods containing precious metals, jewelry and other products.

3. The list of subjects of production of precious metals is approved by the order of the Minister of investments and development of the Republic of Kazakhstan of March 30, 2016 No. 303 "About approval of the list of subjects of production of precious metals" (registered in the Register of state registration of regulatory legal acts for No. 13635) (further - the List).

Chapter 2. Procedure for receipt of refusal of subjects of production of precious metals by persons having intention to make export from the territory of the Republic of Kazakhstan of the primary goods containing precious metals

4. Person having intention to make export from the territory of the Republic of Kazakhstan of the primary goods containing precious metals (further - person having intention to make export) sends to subjects of production of precious metals the appeal about intention to make export from the territory of the Republic of Kazakhstan of the primary goods containing precious metals in form according to appendix to these rules (further - the address) with appendix of supporting documents.

The appeal is sent to the subjects of production of precious metals consisting in the List.

5. In case of discrepancy of the address to item 4 of these rules the subject of production of precious metals within two working days from the date of receipt of the address returns to his face having intention to make export, without consideration.

6. In case of address compliance to item 4 of these rules the subject of production of precious metals within ten working days from the date of receipt of the address represents to person having intention to make export and to authorized body information on opportunity to accept in complete or partial amount primary goods of person having intention to make export, the containing precious metals, for the purposes of their conversion and (or) refining (further - information) or refusal of conversion and (or) refining of the primary goods of person having intention to make export, containing precious metals (further - refusal).

7. The bases for refusal of conversion and (or) refining of the primary goods containing precious metals can be:

1) technological impossibility of conversion and (or) refining, including discrepancy to threshold values of content of harmful impurity and precious metals in the primary goods containing precious metals;

2) absence or insufficiency of production capacity for conversion and (or) refining of the offered amount of the primary goods containing precious metals;

3) economic inexpediency of conversion of ores, concentrates and ashes of non-ferrous metals, semi-products of production of the non-ferrous metals containing precious metals.

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