ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 29, 2015 No. 894

About approval of Provisional regulations for approval procedure on purchase of shlikhovy gold and gold-bearing concentrate in the Kyrgyz Republic

For the purpose of regulation of the relations connected with transactions with precious metals in the territory of the Kyrgyz Republic, suppression of illicit trafficking in the extracted precious metal and its uncontrolled export to other countries according to article 17 of the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Provisional regulations for approval procedure on purchase of shlikhovy gold and gold-bearing concentrate in the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication and is effective before entry into force of the Regulations on licensing of separate types of activity approved by the Government of the Kyrgyz Republic.

3. To impose control of execution of this resolution on department of the industry, fuel and energy complex and subsurface use of Government office of the Kyrgyz Republic.

Approved by the Order of the Government of the Kyrgyz Republic of December 29, 2015 No. 894

Provisional regulations for approval procedure on purchase of shlikhovy gold and gold-bearing concentrate in the Kyrgyz Republic

1. General provisions

1. These Provisional regulations (further - the Provision) regulate approval procedure on purchase of shlikhovy gold and gold-bearing concentrate in the Kyrgyz Republic by authorized state body on realization of state policy in the field of production, uses, addresses, accounting and storage of precious metals and gemstones and products from them, to accomplishment of transactions with the specified values in the territory of the Kyrgyz Republic (further - authorized state body).

2. The concept used in this Provision:

- gold-bearing concentrate - product of enrichment of the mineral raw materials containing gold.

3. For purchase of shlikhovy gold and gold-bearing concentrate at individual gold prospectors zolotopriyemny cash desks (further - ZPK) by legal entities according to the requirements and conditions established by this Provision are organized.

4. ZPK is developed and approve internal procedure for acceptance, accounting, realization of shlikhovy gold and gold-bearing concentrate in coordination with authorized state body.

5. ZPK shall:

- keep strict account of intake of shlikhovy gold and gold-bearing concentrate and the operations performed with it;

- make refining of gold-bearing concentrate in the relevant companies and sell in the form of finished goods in the domestic market;

- carry out at the scheduled time inventory count of remaining balance of shlikhovy gold and gold-bearing concentrate;

- allow the staff of authorized state body for implementation of the state control within competence based on instructions;

- quarterly to the 25th following the accounting period to submit the report in authorized state body on buying up and realization of shlikhovy gold and gold-bearing concentrate in form according to appendix 3 to this Provision.

5-1. ZPK have the right to make refining of shlikhovy gold at the relevant companies and to sell in the form of finished goods in the domestic market.

6. In case of non-compliance with this provision of ZPK bear the responsibility established according to the legislation of the Kyrgyz Republic.

2. Documents necessary for receipt of permission

7. For receipt of the procurement authorization of shlikhovy gold and gold-bearing concentrate the following documents are submitted to authorized state body:

- the statement of the established form according to appendix 1;

- copy of the certificate on state registration;

- the copy of the document confirming registration of the applicant in tax authorities in the place of state registration of the applicant (the copy of TIN);

- copies of constituent documents;

- the decision or the protocol on appointment of the head of the legal entity or the power of attorney on representation of interests of the applicant;

- certificate of lack of tax debt;

- the documents confirming the property right or other legal cause of ownership of rooms necessary for accomplishment of the declared activities;

- copies of the certificate on checking of measuring instruments;

- the register of acceptance, realization of shlikhovy gold and gold-bearing concentrate (numbered, which is strung together, registered in authorized state body).

8. In case of the request of the applicant for receipt of permission by means of information technologies the applicant fills in the application form of the established form on the website of authorized state body and at the same time attaches the stipulated in Item the scanned originals of documents of the 7th this provision in electronic format.

9. Each leaf of the provided copies of documents shall be certified by sign and seal of the applicant. The applicant bears responsibility for reliability submitted the data and documents.

10. Documents are submitted by the applicant in the state or official languages. The documents submitted by foreign persons shall be legalized or apostilled by competent authority of the state in which they were made.

11. All documents submitted by the applicant for consideration are accepted and registered according to the inventory authorized state body with issue of the reference confirming documents acceptance in full with mark about date of acceptance.

3. Content of permission

12. In permission are specified:

- name of authorized state body;

- complete and (if is available) the abbreviated name, including trade name, form of business of the legal entity, certificate number about state registration (re-registration) of the legal entity, branch (representation);

- type of activity;

- permission effective period;

- activities implementation territory;

- date of issue and registration number of permission;

- identification taxpayer number.

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