Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since February 24, 2014 according to Item 1 of the Resolution of Board of National Bank of the Republic of Belarus of December 31, 2013 No. 809

RESOLUTION OF THE BOARD OF DIRECTORS OF NATIONAL BANK OF THE REPUBLIC OF BELARUS

of March 1, 2007 No. 72

About approval of the Instruction for carrying out by National Bank the Republic of Belarus transactions of purchase and sale and pledge of gemstones

(as of December 17, 2010)

IT IS APPROVED

Ministry of Finance

Republic of Belarus

March 1, 2007.

 

(The resolution of the Board of directors of National Bank of the Republic of Belarus of February 6, 2008 No. 31 it is determined that Chapter 9 of the Instruction for carrying out by National Bank the Republic of Belarus transactions of the purchase and sale and pledge of gemstones approved by the resolution of the Board of directors of National Bank of the Republic of Belarus of March 1, 2007 No. 72 (The national register of legal acts of the Republic of Belarus, 2007, No. 105, 8/16230), becomes effective since March 1, 2008)

According to articles 26 and 54 of the Bank code of the Republic of Belarus, the Presidential decree of the Republic of Belarus of November 8, 2004 the Board of directors of National Bank of the Republic of Belarus DECIDES: No. 546

1. Approve the enclosed Instruction for carrying out by National Bank the Republic of Belarus transactions of purchase and sale and pledge of gemstones.

2. To head department of the international transactions:

in 6-month time to provide reduction of regulatory legal acts of National Bank of the Republic of Belarus in compliance with this resolution;

in case of work on certification of diamonds to perform filling of the available forms of certificates of quality on diamond before their complete use.

3. Recognize invalid:

the resolution of the Board of directors of National Bank of the Republic of Belarus of April 28, 2005 No. 122 "About approval of the Instruction for carrying out by National Bank the Republic of Belarus transactions of purchase and sale and pledge of gemstones" (The national register of legal acts of the Republic of Belarus, 2005, No. 78, 8/12583);

the resolution of the Board of directors of National Bank of the Republic of Belarus of September 13, 2005 No. 275 "About entering of amendment into the Instruction for carrying out by National Bank the Republic of Belarus transactions of purchase and sale and pledge of gemstones" (The national register of legal acts of the Republic of Belarus, 2005, No. 155, 8/13150).

4. This resolution becomes effective since March 1, 2007, except for parts two of Item 51 and Chapter 9 of the enclosed Instruction for carrying out by National Bank the Republic of Belarus transactions of purchase and sale and pledge of gemstones which become effective based on the separate resolution of the Board of directors of National Bank of the Republic of Belarus.

 

Chairman of the board P. P. Prokopovich

Approved by the RESOLUTION of the BOARD OF DIRECTORS of NATIONAL BANK of the REPUBLIC OF BELARUS of March 1, 2007 No. 72

Instruction for carrying out by National Bank Republic of Belarus transactions of purchase and sale and pledge of gemstones

Chapter 1. General provisions

1. The instruction for carrying out by National Bank the Republic of Belarus transactions of purchase and sale and pledge of gemstones (further the Instruction) is developed according to articles 26 and 54 of the Bank code of the Republic of Belarus, the Law of the Republic of Belarus of June 21, 2002 "About precious metals and gemstones" (The national register of legal acts of the Republic of Belarus, 2002, No. 73, 2/859) and the Presidential decree of the Republic of Belarus of November 8, 2004 No. 546.

2. This Instruction regulates procedure National Bank of the Republic of Belarus (further - National Bank) the transactions with gemstones including directed to forming, replenishment and management of gemstones of National Bank of Fund (further - Fund), and establishes rules of carrying out transactions by National Bank on purchase and sale, acceptance and transfer to pledge of the gemstones made with legal, physical persons and individual entrepreneurs (further - transactions with gemstones), and also carried out for the purpose of replenishment and forming of Fund of the transactions connected with financing of acquisition of diamond raw materials, its subsequent facet and production of diamonds.

3. The terms "resident" and "nonresident" used in this Instruction matter, determined by the Customs code of the Republic of Belarus.

In relation to this Instruction the terms below are used in the following values:

gemstones - natural diamonds, emeralds, rubies, sapphires, alexandrite and natural pearls (except for fresh-water) in the natural and processed type, including the waste which is formed in case of production and consumption. Unique natural amber educations according to the procedure, established by the Government of the Republic of Belarus are equated to gemstones;

kaletta - the most lower part of diamond, it can be in the form of point (thorn), side or the line;

clients - the physical persons, legal entities, individual entrepreneurs who addressed to National Bank;

the platform - the greatest single side of diamond on the area located in the center of crown;

rundist - the middle part of diamond representing the corbel covering the largest section of circle of diamond and dividing diamond on upper and lower speak rapidly;

crown - the part of diamond located between the plane of the platform and the upper plane of rundist;

structural divisions of National Bank - central office, the Central storage of National Bank, main (specialized) managements of National Bank on areas with the departments which are their part (further - structural divisions). The organization by structural divisions of cash nodes, and also other rooms out of territorial arrangement of structural division for the purpose of implementation of transactions of purchase and sale of the certified diamonds provided by this Instruction is allowed;

the domestic market of gemstones - the sphere of the address of gemstones created as a result of transactions with them between resident clients;

the international market of gemstones - the sphere of the address of gemstones created as a result of transactions with them between nonresident clients, between resident clients and nonresident clients;

the specialist expert (gemology expert) - the qualified specialist in gemstones having the diploma or other document confirming its qualification;

carat - the unit of mass of gemstones equal 0, gram. The reduced designation of carat - carat. (ct). Shares of carat express in the form of simple (for example, 1/16 carats.) or decimal (to within the second sign after comma, for example carat 1,25.) fractions;

lot - the batch of gemstones delivered under the agreement both in raw materials, and in the facetted type. Lots can consist or of one subject, or of several uniform (for example, the batch of diamonds constituted from several groups on classification or target signs, having the set cost);

certification of diamonds - determination of properties (characteristics) of diamonds, including for their classification which results are drawn up in the form of the certificate of quality on diamond;

assessment of gemstones - cost determination of gemstones when carrying out the transactions provided by this Instruction;

the pavilion - the part of diamond located between the lower plane of rundist and kaletty;

presentableness of gemstones - the property of gemstones of averages and large dimensional and weight groups of high or specific (rare) high-quality and color characteristics concluded in high medium-term and long-term investment appeal and/or which is of interest to scientific studying or exhibiting in the Republic of Belarus or beyond its limits;

the specification - the document containing list of gemstones (in the natural or processed type) with indication of quantity according to each name, their weight, high-quality and color characteristics, form, type of facet and other additional signs;

the inventory of investment - the document containing data on quantity, weight, cost, form, type of facet of gemstones and other additional signs and reflecting the actual availability of gemstones in the place of their storage which shall be signed by specialists experts;

the inventory of accounting - the document containing data on quantity, weight, book value of gemstones and reflecting the actual availability of gemstones in the place of their storage;

the joint commission of National Bank on reception-transmission, confirmation of quality of sorting and assessment of gemstones (further the joint commission) - the permanent commission created according to the order of the Chairman of the board of National Bank or person authorized by it and consisting of the staff of head department of the international transactions of National Bank (further - head department of the international transactions), the staff of head department of National Bank on the city of Minsk and the Minsk region and the staff of the Central storage of National Bank (further - the Central storage) as which carrying out certification, implementation of reception-transmission of gemstones, and also confirmation of quality of sorting and assessment of gemstones enter, including during the forming of lots and selection of the diamonds offered to retail sale and which are subject to certification;

Interdepartmental commission of experts of National Bank of the Republic of Belarus and the Ministry of Finance of the Republic of Belarus (further - Interdepartmental commission of experts) - the permanent commission created according to the resolution of the Board of directors of National Bank of the Republic of Belarus and the Ministry of Finance of the Republic of Belarus of February 2, 2005 No. 19/13a "About creation of Interdepartmental commission of experts of National Bank of the Republic of Belarus and the Ministry of Finance of the Republic of Belarus on performing diagnostics and assessment of the gemstones acquired in Fund of gemstones of National Bank of the Republic of Belarus and approval of the Regulations on Interdepartmental commission of experts of National Bank of the Republic of Belarus and the Ministry of Finance of the Republic of Belarus on performing diagnostics and assessment of gemstones the gemstones of National Bank of the Republic of Belarus acquired in Fund" (The national register of legal acts of the Republic of Belarus, 2005, No. 37, 8/12183) for the purpose of realization of the Regulations on Fonda of gemstones of the National Bank approved by the Presidential decree of the Republic of Belarus of November 8, 2004 No. 546, consisting of the specialists of National Bank and Ministry of Finance of the Republic of Belarus having the corresponding qualification of the specialist expert as which implementation of certification of the gemstones intended for domestic sale, diagnostics and assessment of gemstones and also preparation of the corresponding conclusion concerning possible acquisition of gemstones enters into Fund;

the certificate of quality on diamond - the document certifying authenticity of diamond and containing the main data on diamond, issued by the joint commission. Forms of certificates of quality on diamond are forms of the strict reporting which registration, accounting and storage are performed according to the procedure, established by the legislation of the Republic of Belarus;

the delivery-acceptance certificate and confirmations of quality of sorting and assessment of gemstones - the document containing data on quantity, weight, quality (color, purity, facet) and costs of the accepted (transferred) gemstones;

the delivery-acceptance certificate of gemstones on assessment - the document containing data on quantity and mass of the gemstones accepted for confirmation of quality of sorting and assessment, or the gemstones accepted on assessment. The delivery-acceptance certificate of gemstones on assessment is applied in cases when confirmation of quality of sorting and/or assessment of gemstones is not performed by National Bank directly in case of reception-transmission of gemstones.

4. The banks of the Republic of Belarus performing transactions with gemstones as the client of National Bank in the cases established by the legislation of the Republic of Belarus shall have the license of National Bank for implementation of transactions with precious metals and gemstones.

5. When implementing by National Bank of the transactions connected with preliminary financing of purchases of diamond raw materials, its subsequent facet and production of diamonds, the legal entities acting as clients of National Bank and performing facet (processing) of gemstones in the cases established by the legislation of the Republic of Belarus shall have the corresponding special permission (license) for implementation of the activities connected with precious metals and gemstones the granting right to implementation of the corresponding work type and services.

6. All transactions of National Bank with gemstones including directed to replenishment, forming and use of Fund are performed according to requirements of the legislation of the Republic of Belarus.

7. The central storage performs acceptance, selection of gemstones for their subsequent realization, certification, storage, accounting and leave of gemstones to structural divisions according to regulatory legal acts of National Bank taking into account the features established by this Instruction.

The head department of National Bank on the city of Minsk and the Minsk region performs acquisition (redemption) of the certified diamonds, participates in certification, examination of gemstones and forming of lots of gemstones, performs other operations with gemstones according to regulatory legal acts of National Bank.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.