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Ministry of Justice

Russian Federation 

On August 25, 2014 No. 33866

ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of May 19, 2014 No. 35n

About approval of the Procedure of the state control of the prices when exporting from the Russian Federation to the countries which are not entering into the Customs union, the raw precious metals, ores and concentrates of the precious metals extracted in the territory of the Russian Federation

According to Item 19.2 of the Regulations on import to the Russian Federation from the countries which are not entering into the Customs union within EurAsEC and export from the Russian Federation to these countries of the precious metals, gemstones and primary goods containing precious metals, No. 1137 approved by the Presidential decree of the Russian Federation of September 20, 2010 (The Russian Federation Code, 2010, No. 39, Art. 4923; 2011, No. 19, Art. 2723; 2012, to No. 53, of the Art. 7865), I order:

Approve the enclosed Procedure of the state control of the prices when exporting from the Russian Federation to the countries which are not entering into the Customs union, the raw precious metals, ores and concentrates of the precious metals extracted in the territory of the Russian Federation.

Minister

A. G. Siluanov

Approved by the Order of the Ministry of Finance of the Russian Federation of May 19, 2014, No. 35n

Procedure of the state control of the prices when exporting from the Russian Federation to the countries which are not entering into the Customs union, the raw precious metals, ores and concentrates of the precious metals extracted in the territory of the Russian Federation

1. This Procedure is developed in pursuance of Item 22 of the Regulations on procedure for import to customs area of the Customs union and export from customs area of the Customs union of the precious metals, gemstones and primary goods containing precious metals, No. 134 approved by the Decision of Board of the Eurasian economic commission of August 16, 2012 "About regulatory legal acts in the field of non-tariff regulation" (further - the Provision), and based on Item 19.2 of the Regulations on import to the Russian Federation from the countries which are not entering into the Customs union within EurAsEC and export from the Russian Federation to these countries of the precious metals, gemstones and primary goods containing precious metals No. approved by the Presidential decree of the Russian Federation of September 20, 2010 1137, and establishes rules of implementation of the state control of the prices when exporting from the Russian Federation to the countries which are not entering into the Customs union the raw precious metals, ores and concentrates of the precious metals specified in Appendix No. 3 to the Provision (further - primary goods), extracted in the territory of the Russian Federation.

2. The state control of the prices when exporting from the Russian Federation to the countries which are not entering into the Customs union, the raw precious metals, ores and concentrates of the precious metals extracted in the territory of the Russian Federation (further - the state control of the prices), performs federal state institution "The Russian State Assay Chamber under the Ministry of Finance of the Russian Federation" (further - FKU "Assay Chamber of Russia").

On behalf of FKU "Assay Chamber of Russia" the state control of the prices is exercised:

a) the head (deputy manager) of structural division of central office of FKU "Assay Chamber of Russia" authorized by the head of FKU "Assay Chamber of Russia" on implementation of the state control of the prices;

b) other officials of structural division of FKU "Assay Chamber of Russia" specified in the subitem "an" of this Item, FKU "Assay Chamber of Russia" authorized on carrying out the state control of the prices according to the order of the head.

3. The state control of the prices is carried out for the purpose of check of justification of level of contractual cost of the primary goods exported by participants of foreign economic activity by legal entities and individual entrepreneurs from the Russian Federation (further - the exporter).

Level of contractual cost is recognized reasonable if the transaction price established in the agreement in foreign trade (contract) is not lower than the cost of metals, which extraction by industrial method economically reasonablly, less the cost of their conversion.

4. For implementation of the state control of the prices by the exporter the following documents are submitted to FKU "Assay Chamber of Russia":

- the letter request on carrying out the state control of the prices in which full name, INN, the location address are specified for the legal entity (for the individual entrepreneur - full name, INN, the address of state registration), information on finding of the exporter on the special accounting performed by the state inspections of assay supervision. The inventory of the documents attached to it is attached to the letter request. The letter request is signed by the head of the legal entity or the individual entrepreneur and sealed;

- the copy of the contract (the agreement, the agreement) in Russian (if the contract (the agreement, the agreement) in Russian is absent, then to the copy of the contract (the agreement, the agreement) the translation fastened and certified by the applicant with indication of position and date, signed and sealed the applicant shall be applied);

the copy of the certificate on statement on special accounting in the state inspection of assay supervision;

- the copy of the specification on the exported primary goods in which the complete assortment in quantitative expression is specified;

- copies of technical documentation on the exported primary goods (GOST, OST, TU, standards of the organizations);

- the copy of the act (protocol) of sampling (tests) from the exported batch of primary goods, the test report of chemical composition of the selected samples (tests) issued by test laboratory (center), accredited in accordance with the legislation of the Russian Federation, and the certificate of chemical composition on batch of the exported primary goods, issued by certification body;

- copy of the export license;

- the documents containing reasons for level of contractual cost on the exported primary goods.

5. For the purpose of reasons for level of contractual cost on the exported primary goods exporters represent:

- calculation of cost of chemically net precious metals containing in the specific batch of the exported primary goods determined:

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