of December 5, 2014 No. 77
About procedure of transactions with precious metals and gemstones
Based on part four of subitem 1.2-1 of Item 1 of the Decree of the President of the Republic of Belarus of March 1, 2010 No. 3 "About some questions of pledge of property" and Item 10 of the Regulations on the Ministry of Finance of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1585, the Ministry of Finance of the Republic of Belarus DECIDES:
1. Approve the Instruction about procedure of transactions with precious metals and gemstones it (is applied).
the resolution of the Ministry of Finance of the Republic of Belarus of September 20, 2004 No. 138 "About approval of the Instruction about features of implementation by pawnshops of transactions with products from precious metals and gemstones" (The national register of legal acts of the Republic of Belarus, 2004, No. 159, 8/11543);
the resolution of the Ministry of Finance of the Republic of Belarus of December 23, 2004 No. 179 "About modification and amendments in the resolution of the Ministry of Finance of the Republic of Belarus of September 20, 2004 No. 138" (The national register of legal acts of the Republic of Belarus, 2005, No. 4, 8/11898);
item 4 of the resolution of the Ministry of Finance of the Republic of Belarus of May 31, 2006 No. 58 "About modification of some regulatory legal acts concerning activities with precious metals and gemstones" (The national register of legal acts of the Republic of Belarus, 2006, No. 104, 8/14558);
the resolution of the Ministry of Finance of the Republic of Belarus of August 25, 2006 No. 103 "About introduction of amendments to some resolutions of the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 149, 8/14971);
Item 5 of the resolution of the Ministry of Finance of the Republic of Belarus of November 14, 2008 No. 167 "About modification and amendments in some resolutions of the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 291, 8/19984);
Item 2 of the resolution of the Ministry of Finance of the Republic of Belarus of September 29, 2011 No. 99 "About modification and amendments in some resolutions of the Ministry of Finance of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 45, 8/25240);
subitem 1.1 of Item 1 of the resolution of the Ministry of Finance of the Republic of Belarus of April 16, 2013 No. 23 "About introduction of amendments to some resolutions of the Ministry of Finance of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 08.06. 2013, 8/27587).
3. This resolution becomes effective since January 1, 2015.
Minister
V. V. Amarin
Approved by the Resolution of the Ministry of Finance of the Republic of Belarus of December 5, 2014 No. 77
1. This Instruction establishes procedure of transactions with precious metals and gemstones by the legal entities performing microfinancial deyatelnost*.
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* For the purposes of this Instruction the legal entity performing microfinancial activities is understood as the commercial microfinancial organization, and also the legal entity who according to legal acts has the right to perform microfinancial activities in the form of provision of microloans on the security of the personal estate intended for personal, family or home use with obligatory transfer to ownership of subject of pledge to such legal entity.
2. For the purposes of this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of June 21, 2002 No. 110-Z "About precious metals and gemstones" are applied.
3. The legal entity performing microfinancial activities makes acceptance of precious metals and gemstones according to the list of the values accepted as a deposit according to appendix.
4. Acceptance of values shall be performed in the room equipped with scales, assay reactants (chemical reactants for determination of tests of precious metals) and (or) other special devices for high-quality and quantitative determination of test.
In case of acceptance as proof of the values containing gemstones determination of parameters and characteristics of gemstones requires availability of the gemological equipment (devices).
5. Scales are established so that the pledger had opportunity to be convinced of correctness of measurement of mass of values.
Weighing is performed according to the Instruction about procedure for use, accounting and storage of precious metals and gemstones approved by the resolution of the Ministry of Finance of the Republic of Belarus of March 15, 2004 No. 34.
6. The accepted values shall be carefully inspected on appearance.
In the presence of print of the state assay brand of the Republic of Belarus or the USSR determination of test of values is performed by assay reactants with the consent of the pledger.
In case of refusal the pledger from test determination the legal entity performing microfinancial activities, at discretion or makes acceptance of values on test according to print of assay brand, or refuses their acceptance.
In case of acceptance of values without prints of the state assay brands of the Republic of Belarus or the USSR test determination by assay reactants is made without fail. In case of refusal the pledger from determination of test of value are not subject to acceptance.
Determination of test of values is made without violation of their integrity in the places which are not containing solder which if necessary are smoothed out from oxides, color, beat off also gilding.
The legal entities performing microfinancial activities provide collection of the waste which is formed in case of shabrovka and the determination of test of values, and their delivery on the overworking organizations for extraction of precious metals according to the procedure established by the Instruction about the procedure for delivery and acceptance of scrap and waste containing precious metals, the Republic of Belarus approved by the resolution of the Ministry of Finance of May 31, 2004 No. 87.
7. Cost determination of gemstones in values for the purposes of acceptance as a deposit is performed by the specialist having the documents confirming its professional qualification (further – the gemologist).
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