of September 12, 2011 No. 1211
About approval of Rules of buying up at physical persons of precious metals and gemstones in products and scrap
Based on the paragraph of the seventh of article 9 of the Law of the Republic of Belarus of June 21, 2002 "About precious metals and gemstones" the Council of Ministers of the Republic of Belarus DECIDES: No. 110-Z
1. Approve Rules of buying up at physical persons of precious metals and gemstones in products and scrap (are applied).
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 12, 2011 No. 1211
1. These rules determine procedure for transactions by buying up at physical persons of values – precious metals and gemstones in products and scrap the organizations to which are provided to the license for activities connected with precious metals and gemstones, the constituting work and (or) service of which is buying up of precious metals and gemstones in products and scrap (further – the organizations).
2. In these rules terms and their determinations in the values established by the Law of the Republic of Belarus "About precious metals and gemstones" are used.
3. Buying up of values is performed at sellers of values - the physical persons which reached age of majority or acquired according to the legislation capacity to act in full before age of majority if other is not established by legal acts, on condition of presentation by the seller of values of the identity document, or the registration certificate of the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus or certificates on provision of additional protection in the Republic of Belarus (in case of lack of the identity document).
4. Are not subject to buying up at physical persons:
precious metals in the native and affined type, and also in ingots (except measuring), raw materials and chemical compounds;
gemstones in not facetted type, and also unsuitable for production of jewelry;
precious metals and gemstones in the form of industrial output, details and semifinished products, including semifinished products of jewelry and dentoprosthetic production (except dentoprosthetic disks, zuboprotez, crowns and elements of removable artificial limbs);
the products of technological appointment containing precious metals and gemstones (laboratory glassware, wire, contacts);
gold leaf and sugary silver, and also the waste containing precious metals and gemstones;
awards and medals of the Republic of Belarus and the former USSR from precious metals and gemstones, except memorable and anniversary;
the transferable products withdrawn from circulation or restrictedly containing precious metals and gemstones;
objects from precious metals and gemstones which are in accordance with the established procedure given the status of historical and cultural values.
5. The organizations perform buying up of values at physical persons through buying up Items - the structural divisions of the organization (including isolated) which are directly performing buying up of values.
6. In buying up Item in the place, convenient for acquaintance of the seller of values, are located:
data on the organization (the name of the organization, the name of Item of buying up if such name does not match the name of the organization, operating mode);
the operating skupochny prices of the precious metals and gemstones in products and scrap which are bought up at physical persons;
the statement from these rules with provision of information on procedure for determination of weight, approbation and assessment of values, and also about the list of the values which are not subject to buying up;
the other information established by the legislation.
7. In the buying up Item which is separate division and located out of the organization location there shall be book of notes and offers, the book of accounting of checks and other documents established by the legislation.
8. Buying up of values is performed irrespective of availability on them of marks and prints of assay brands.
The values offered to buying up shall be cleared of fat, dirt, fillers.
9. All transactions connected with buying up of values (determination of weight and test, removal of components (pins, inserts) from non-noble materials, packaging of values), are made by the worker of Item of buying up with whom the employer signs the agreement on complete individual financial responsibility, in the presence of the seller of values.
10. Determination of weight and test, assessment of values are made in the place which is specially equipped for these purposes equipped with scales, the equipment and assay reactants (chemical reactants for determination of tests of precious metals) or other special devices for high-quality and quantitative determination of test, gemological (in case of buying up of gemstones) and other equipment (devices).
11. Scales are established so that the seller of values had opportunity to be convinced of correctness of determination of lump of values.
Determination of lump of values is made with accuracy for products from silver - to 0,1 of gram, other precious metals - to gram 0,01, for gemstones - to carat 0,01 without mathematical rounding.
12. Determination of test is made in the places which are not containing solder which if necessary are smoothed out by shaber from oxides, color, beat off also gilding.
13. In the presence in product of components from non-noble materials the provisional estimate of values taking into account adjustment on the mass of non-noble materials is made. In case of the consent of the seller of values with provisional estimate components from non-noble materials are removed and return to the seller of values. After removal of non-noble materials repeated weighing and final assessment of values are made.
If there are no technical capabilities of removal of components from non-noble materials (springs in locks of chains and bracelets, enamel), in documents adjustment is specified the mass of non-noble materials. The mass of non-noble material in values is determined by settlement and analytical method at presence and with the consent of the seller on contractual basis between the seller and the organization.
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