RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 26, 2006 No. 218

About approval of Rules and cases of conducting examination and diagnostics of gemstones

For the purpose of ensuring execution of Item 1.18 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About precious metals and gemstones" of November 22, 2005 the No. 317 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules and cases of conducting examination and diagnostics of gemstones" (are applied).

2. This Resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 26, 2006 No. 218

Rules and cases of conducting examination and diagnostics of gemstones

1. These rules are prepared for the purpose of ensuring execution of Item 1.18 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About precious metals and gemstones" of November 22, 2005 No. 317 and determine rules and cases of conducting examination and diagnostics of gemstones.

2. Examination and diagnostics of gemstones is carried out for the purpose of determination of their quantity and quality characteristics.

3. Examination and diagnostics of gemstones is carried out in the following cases:

* in the presence of the official appeal of legal entity or physical person (further - person);

* in case of need of conducting check of the products taken as samples from persons exercising the state control according to the law;

* in need of certification of gemstones according to the procedure, established by the legislation.

4. Examination and diagnostics of gemstones (except for the expertizes which are carried out on criminal cases, stipulated by the legislation) is performed by Public service of control of precious metals and gemstones of the Ministry of Finance of the Azerbaijan Republic (further - Public service of control of precious metals and gemstones).

5. In the address provided by person concerning conducting examination and diagnostics the questions raised before Public service of control of precious metals and gemstones shall be displayed and together with the address products for research are provided.

6. During examination and diagnostics of gemstones the following quantitative and qualitative indexes are determined:

* type of gemstones;

* weight (in carats);

* number (in pieces);

* color and transparency.

7. Examination and diagnostics, as a rule, shall be performed within 1 (one) month. In case of impossibility of conducting examination and diagnostics within 1 (one) month person who addressed for conducting examination and diagnostics is informed from outside by Public service of control of precious metals and gemstones and after coordination with it extra time for carrying out researches is fixed.

8. If the provided questions for conducting examination do not belong to powers of the expert or in case of impossibility of implementation of researches of the provided products, person who addressed for conducting examination and diagnostics is informed on it.

9. Considering the results received based on the conducted researches, the expert (experts) draws on its own behalf the written conclusion and signs it. Signatures of the expert (experts) affirm seal Public service of control of precious metals and gemstones.

The conclusion is constituted in 2 (two) copies and 1 (one) copy is stored in Public service of control of precious metals and gemstones, another is issued to the addressed person together with the provided materials.

In the expert opinion there shall be detailed description of spent researches, the results which are taken out on their basis and reasonable answers to the confronted questions are shown.

If the expert when carrying out research reveals the moments important for work, but which are not specified in questions, he has the right to include own opinion on these moments in the conclusion.

9-1. Registration of results of examination and diagnostics of the gemstones which are carried out in connection with check of the products taken as test from subjects of entrepreneurship to whom according to the law the state control is carried out, it is performed according to article 25 of the Law of the Azerbaijan Republic "On regulation of the inspections which are carried out in the field of entrepreneurship and protection of interests of entrepreneurs.

If the entrepreneur does not agree with result of examination and diagnostics or has doubts in this result, he can demand conducting new examination and diagnostics at own expense.

10. In case of disagreement of person with results of the conducted researches or in case of contradiction between result of primary examination and diagnostics, specified regarding 8-1 these rules, and result of new examination and diagnostics, it can according to the procedure, stipulated by the legislation, take a legal action.

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