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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 16, 2017 No. 19

About questions on transformation of precious metals and gemstones market regulation system

For the purpose of optimization of precious metals and gemstones market regulation system, according to articles 10 and 17of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the laws of the Kyrgyz Republic "About precious metals and gemstones", "About counteraction to legalization (laundering) of the criminal income and to financing of terrorist or extremist activities" the Government of the Kyrgyz Republic decides:

1. Include in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on the State fund of precious metals and gemstones of the Kyrgyz Republic" of December 11, 2003 No. 771 the following changes and amendment:

in Regulations on the State fund of precious metals and gemstones of the Kyrgyz Republic approved by the above-stated resolution:

- replace the word "Management" in various cases with the word "Department" in the corresponding case forms in the whole text;

- add Item 2.4 after the words "for safety" with the word "values";

- state the name of the Section III in the following edition:

"III. Procedure for acceptance, storage and accounting of values of State fund";

- Items 3. 7, 3.9-3.15 to recognize invalid;

- add with Items 3.16-3.18 of the following content:

"3.16. Acceptance of the values arriving in Gokhran is made by execution of the act of final acceptance in the following procedure:

- the affined precious metals - at the affinaging company the representative of Gokhran by proxy issued by Department of precious metals under the Ministry of Finance of the Kyrgyz Republic;

- the confiscated precious metals, products from them and their scrap - based on sentences and resolutions of courts or according to decisions of other authorized state bodies.

3.17. Settlement with contractors on conversion of precious metals is made at the expense of finished goods at the world prices for the moment of its realization.

3.18. The realization of values of State fund is enabled by separate decisions of the Government of the Kyrgyz Republic.";

- in Item 4.2 of the word "the order of the chief" replace with words "the decision of the director";

- in Item 4.3:

in the paragraph one exclude the words "and expenditure";

in the paragraph two exclude the words "and about their expenditure".

2. Include in the order of the Government of the Kyrgyz Republic "Questions of the Ministry of Finance of the Kyrgyz Republic" of February 20, 2012 No. 114 the following changes and amendments:

in Regulations on Department of precious metals under the Ministry of Finance of the Kyrgyz Republic approved by the above-stated resolution:

- in Item 7:

third paragraph shall be recognized as invalid;

add paragraphs four and five wich contain the following:

"-issue of the act of the state control when importing to the territory of the Kyrgyz Republic from the countries which are not part of the Eurasian Economic Union and export from the territory of the Kyrgyz Republic to these countries of the gemstones, precious metals and primary goods containing precious metals;

- ensuring compliance with the legislation of the Kyrgyz Republic in the sphere of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities for transactions with precious metals and gemstones.";

- in Item 8:

in paragraphs the second and fourth to exclude the words "and realization";

in paragraph five of the word "and facet of gemstones" to exclude;

to add the paragraph of the sixth after words of "reports" with the words "from the state organizations, the companies and organizations, and also the organizations, the companies with the state ownership ratio";

paragraphs the seventh or ninth, the eleventh, the twelfth, fourteenth, nineteenth and twenty third to recognize invalid;

add with paragraphs the ninth or eleventh the following content:

"-provides observance of requirements of the legislation of the Kyrgyz Republic in case of transactions of purchase and sale of measuring, standard and non-standard ingots of precious metals;

- provides compliance with law of the Kyrgyz Republic on accounting of precious metals in the sphere of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities;

- provides observance of requirements of the legislation of the Kyrgyz Republic for approbation and branding of jewelry and other products from precious metals;";

in the paragraph the twenty first the word "accepts" to replace with the word "charges";

add with paragraphs the twenty fifth - the thirtieth the following content:

"-within the competence and according to the procedure, established by the legislation of the Kyrgyz Republic, performs international cooperation with the controlling (supervising) bodies of foreign states by exchange of normative and other information;

- performs activities of persons performing transactions (transaction) with precious metals and gemstones, jewelry from them (and scrap of such products) based on the international request of the controlling (supervising) bodies of foreign states and if necessary renders assistance to them for the purpose of ensuring effective control (supervising) activities according to the legislation of the Kyrgyz Republic in the sphere of counteraction of legalization (washing) of the criminal income and to financing of terrorist or extremist activities;

- carries out determination and expertize of gemstones;

- issues the act of the state control when importing to the territory of the Kyrgyz Republic from the countries which are not entering into the Eurasian Economic Union and export from the territory of the Kyrgyz Republic to these countries of the gemstones, precious metals and primary goods containing precious metals according to decisions of the Eurasian economic commission and the legislation of the Kyrgyz Republic;

- performs accounting of precious metals when exporting the raw precious metals, lom and waste of precious metals, ores and concentrates of the precious metals and primary goods containing precious metals out of limits of the territory of the Kyrgyz Republic;

- performs production, accounting and storage of forms of procurement authorizations of shlikhovy gold and gold-bearing concentrate;";

- to recognize paragraphs of the fourth or seventh of Item 9 invalid;

- declare Item 14 invalid.

3. The Ministry of Finance of the Kyrgyz Republic in accordance with the established procedure shall introduce to the Government of the Kyrgyz Republic drafts of the regulatory legal acts providing the right of legal entities (private laboratories), accredited in accordance with the established procedure to carry out approbation and branding of jewelry and other products from precious metals.

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