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FEDERAL LAW OF THE RUSSIAN FEDERATION

of March 26, 1998 No. 41-FZ

About precious metals and gemstones

(as amended on 23-06-2020)

Accepted by the State Duma on March 4, 1998

Approved by the Federation Council on March 12, 1998

This Federal Law establishes the legal basis of relations management, arising in the field of geological studying and investigation of fields of precious metals and gemstones, their production, production, use and the address (civil circulation), including:

establishes scope of the state monopoly;

establishes the purposes, the principles and features of state regulation of activities of legal entities and physical persons;

establishes powers of public authorities of the Russian Federation and public authorities of subjects of the Russian Federation;

determines operating conditions of the market of precious metals and gemstones in the territory of the Russian Federation;

determines the status of the State fund of precious metals and gemstones of the Russian Federation, gold stock of the Russian Federation, the state funds of precious metals and gemstones of subjects of the Russian Federation;

determines the purposes, types, forms of the state control (supervision) of production, use and the address of precious metals, and also behind production (regarding sorting, primary classification and primary assessment of gemstones), use and the address of gemstones, procedure for its organization and implementation.

Legislative (representative) bodies of subjects of the Russian Federation have the right to accept according to this Federal Law the laws and other regulatory legal acts concerning state regulation of the relations in the field of geological studying and investigation of fields of precious metals and gemstones, their production.

The procedure for making by the citizens who are not individual entrepreneurs, transactions with the jewelry and other products from precious metals and (or) gemstones which are in property of citizens (private property) is not subject of regulation of this Federal Law.

Chapter I. General provisions

Article 1. Basic concepts

In this Federal Law the following basic concepts are used:

precious metals - gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium and osmium). Precious metals can be in any condition, type, including in the native and affined type, and also in raw materials, alloys, semifinished products, industrial products, chemical compounds, jewelry and other products, coins, scrap and production wastes and consumption;

gemstones - natural diamonds, emeralds, rubies, sapphires and alexandrite, and also natural pearls in the crude (natural) and processed type. Unique amber educations according to the procedure, established by the Government of the Russian Federation are equated to gemstones. The materials of artificial origin having characteristics (properties) of gemstones are not gemstones;

values - precious metals and (or) gemstones;

production of precious metals - extraction of precious metals from radical (ore), loose and technogenic fields with receipt of the concentrates and other semi-products containing precious metals;

production of gemstones - extraction of gemstones from radical, loose and technogenic fields, and also sorting, primary classification and primary assessment of gemstones;

sorting and primary classification of gemstones - the finishing part of process of enrichment allowing based on the approved collections of standard samples and qualifiers to emit gemstones from the extracted mineral raw materials, and also to divide them into the separate grades corresponding accepted in the world market;

primary assessment of gemstones - the finishing part of engineering procedure of enrichment providing assessment of gemstones based on price lists of the prices of gemstones developed and approved by the 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 (further - authorized federal executive body), in the procedure established by it taking into account the prices applied to assessment of similar grades of mineral raw materials in the world market;

production of precious metals - extraction of precious metals from the extracted complex ores, concentrates and other semi-products containing precious metals and also from the scrap and waste containing precious metals; refining of precious metals;

refining of precious metals - the activities performed by the specialized organizations included in the list approved by the Government of the Russian Federation (further - the affinaging organizations), on purification of the extracted precious metals of impurity and the accompanying chemical elements with finishing content of precious metal:

in the affined gold on 1 thousand mass fractions of alloy of precious metal at least 995 mass fractions of chemically net precious metal;

in the affined silver, platinum, palladium, rhodium, ruthenium, osmium on 1 thousand mass fractions of alloy of precious metal at least 999 mass fractions of chemically net precious metal;

in the affined iridium on 1 thousand mass fractions of alloy of precious metal at least 998 mass fractions of chemically net precious metal;

recovery of gemstones - extraction of gemstones from the tools fulfilled or taken out of service for other reasons and other products of technical appointment, and also from the waste containing gemstones with the subsequent bringing (cleaning) to the quality corresponding to specifications or the qualifier of gemstones;

use of precious metals and gemstones - use of precious metals and gemstones in the production, scientific and welfare purposes;

special accounting - the maintaining the register of the organizations performing transactions with precious metals and gemstones and individual entrepreneurs which is not assuming collection of collection for entering of the specified organizations and individual entrepreneurs into this register;

transactions with precious metals and gemstones:

the actions which are expressed in transition of the property right and other property rights to precious metals and gemstones (the address of precious metals and gemstones) including their use as pledge;

change of physical condition or content of precious metals and gemstones in any substances and materials in case of production, production of precious metals, production of gemstones, the subsequent processing (conversion) and use of precious metals and gemstones;

movement of precious metals and gemstones and products from them, including transportation of precious metals and gemstones and products from them to storage locations, funds and inventories, and also storage and exhibiting of precious metals and gemstones;

import of precious metals and gemstones, and also products from them to the Russian Federation and their export from the Russian Federation;

jewelry and other products from precious metals and (or) gemstones - the products made of precious metals and their alloys and having tests are not lower than the minimum tests established by the Government of the Russian Federation, including made with use of different types of decorative processing, with inserts from gemstones, other materials of natural or artificial origin or without them, except for the coins which underwent issue and the state awards which statute is determined in accordance with the legislation of the Russian Federation (further also - jewelry and other products from precious metals), or the products made of materials of natural or artificial origin with use of different types of decorative processing with inserts from gemstones;

the mark - sign of the manufacturer which print is put by the legal entity or the individual entrepreneur or according to their address the federal executive body performing functions on the state control (supervision) of production, use and the address of precious metals, of use and the address of gemstones, except for functions on control when importing to the Russian Federation from the states which are not entering into the Eurasian Economic Union and export from the Russian Federation to the states which are not entering into the Eurasian Economic Union, gemstones (further - the federal executive body performing functions on the state control (supervision) on the jewelry and other products made by them from precious metals and contains information on his manufacturer in encrypted form;

test - quantity of mass fractions of chemically net precious metal on 1 thousand mass fractions of alloy of precious metal;

the state assay brand - sign of the established sample which is put by the federal executive body performing functions on the state control (supervision) on jewelry and other products from precious metals and certifies their test;

branding - statement of print of the state assay brand on jewelry and other products from precious metals;

approbation - determination or confirmation of test of jewelry and other products from precious metals;

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