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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 31, 2004 No. 514

About approval of the Regulations on the State fund of precious metals and gemstones of the Republic of Tajikistan

According to article 7 of the Law of the Republic of Tajikistan "About precious metals and gemstones" decides the Governments of the Republic of Tajikistan:

1. Approve the enclosed Regulations on the State fund of precious metals and gemstones of the Republic of Tajikistan.

2. To the Ministry of Finance of the Republic of Tajikistan annually to provide in the government budget of means for replenishment of values the State fund of precious metals and gemstones of the Republic of Tajikistan.

 

Chairman

Governments of the Republic

Tajikistan E. Rakhmonov

Approved by the Order of the Government of the Republic of Tajikistan of December 31, 2004 No. 514

Regulations on the State fund of precious metals and Gemstones of the Republic of Tajikistan

I. General provisions

1. This Provision determines procedure for functioning of the State fund of precious metals and gemstones of the Republic of Tajikistan (further hereinafter is referred to as - Fund) in the territory of the Republic of Tajikistan.

2. To parts of Fund are compound:

a) values of Diamond fund of the Republic of Tajikistan;

b) values of gold stock of the Republic of Tajikistan;

c) other values of Fund of Tajikistan, according to article 7 of the Law of the Republic of Tajikistan "About precious metals and gemstones".

3. Replenishment of Fund by values and their expenditure is made according to this Provision and other regulatory legal acts of the Republic of Tajikistan.

II. Procedure for replenishment of Fund of Tajikistan

4. The Ministry of Finance of the Republic of Tajikistan not later than in 15 days from the date of entry into force of the law on the government budget for the corresponding year represents to the Government of the Republic of Tajikistan the draft of the plan of forming of Fund of Tajikistan for the next year with indication of the cost amounts provided in the government budget for the corresponding year.

5. In respect of forming of Fund the cost, types, the number of the values planned for acquisition and the purpose of acquisition are specified. In first-priority procedure for value are acquired at subjects of extraction and production of precious metals and gemstones.

6. Acquisition of values for replenishment of Fund and their realization is enabled by the State storage of values of the Republic of Tajikistan under the Ministry of Finance of the Republic of Tajikistan (further hereinafter is referred to as - the State storage of values of the Republic of Tajikistan).

7. In case of task performance on acquisition of values for replenishment of Fund first of all procurements of values for replenishment of gold stock of the Republic of Tajikistan and Diamond fund of the Republic of Tajikistan, and also for completion of inventories of other affined precious metals are conducted.

8. In case of acquisition of values for replenishment of Fund by the State storage of values of Tajikistan proceeds from the maximum cost efficiency and feasibility of acquisition of values taking into account the developing prices in the world markets.

9. In priority procedure in Fund are acquired:

a) the affined precious metals, first of all ingot gold;

b) rough natural diamonds, rubies of jewelry quality suitable for facet;

c) unique nuggets of precious metals, unique gemstones and unique stones semi-precious stones;

d) the highly artistic, having historical value jewelry from precious metals and gemstones which according to preliminary expert examination are supposed to be enlisted in Diamond fund of the Republic of Tajikistan.

10. The values passing (turned) into state-owned property according to the procedure of legal succession, inheritances, donations, based on the judgment which took legal effect, and also on other bases, stipulated by the legislation the Republic of Tajikistan after preliminary expert examination and assessment are subject to transfer in Fund.

11. And in need of credit resources provides with the state storage of values of the Republic of Tajikistan within the allocated budgetary funds the timely conclusion of purchase and sale agreements of precious metals and gemstones with subjects of their extraction and production, and also preliminary advancing (issue of deposit) on account of the payments which are due under the specified agreements.

Acquisition of precious metals, gemstones and kamnesamotsvetny raw materials can be performed at the expense of means, the represented legal entities and physical persons under agreements or orders from obligatory non-paid delivery of part of the acquired values in Fund.

III. Leave of values of Fund

12. Leave of values of Diamond Fund of the Republic of Tajikistan is performed only for certain term after which they are subject to return (temporary leave).

13. The decision on temporary leave of values of Diamond fund of the Republic of Tajikistan is made by the Government of the Republic of Tajikistan only for the purpose of their restoration, exhibiting or scientific studying in the Republic of Tajikistan or beyond its limits.

14. Leave of values of gold stock of the Republic of Tajikistan in the external and internal markets is made for implementation of transactions for the purpose of carrying out the state financial policy and satisfaction of the emergency needs of the Republic of Tajikistan for emergency situations.

15. Leave of values of gold stock of the Republic of Tajikistan is performed in the general cost limits provided by the plan of leave of values of Fund approved by the Government of the Republic of Tajikistan accepted based on motivated representation of the Ministry of Finance of the Republic of Tajikistan.

The specified representation shall contain information on quantity and cost of the gold offered for leave, the purposes and conditions of leave, on total quantity of the gold which is stored in Fund at the time of representation on planned receipts of gold, the specific directions of expenditure of means from expected transactions with the released gold.

16. The Ministry of Finance of the Republic of Tajikistan not later than in 15 days from the date of entry into force of the law on the government budget for the corresponding year represents to the Government. The Republic of Tajikistan the draft of the plan of leave of values by Fund for the next year with indication of cost amounts.

17. In respect of leave of values of Fund the total cost, types and the number of the values planned for leave are specified.

18. Leave of values of Fund over the amounts established by the plans of leave approved by the Governments of the Republic of Tajikistan and also for the purposes which are not provided by these plans is performed from the President of the Republic of Tajikistan based on motivated representation of the Government of the Republic of Tajikistan.

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