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Home / RLA / Article 1. The basic concepts used in this Law are the Law on Precious Metals and Precious Stones

Article 1. The basic concepts used in this Law are the Law on Precious Metals and Precious Stones

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law are the Law on Precious Metals and Precious Stones

     The following basic concepts are used in this Law:

     1) precious stones – natural diamonds, emeralds, rubies, sapphires and alexandrites, as well as natural pearls in their raw (natural) and processed form. Unique amber formations are equated to precious stones.;

     2) examination of precious stones, jewelry and other products made of precious metals and precious stones (hereinafter referred to as expertise) – organization and conduct of tests carried out by authorized organizations, including identification of precious stones and testing of precious metals in jewelry and other products made of precious metals and precious stones, verification of the authenticity of assay stamps;

     3) identification of precious stones – establishing compliance of classification and cost characteristics of precious stones with the requirements of regulatory and technical documentation;

     4) namesake is a special mark applied to jewelry and other products made of precious metals and precious stones and certifying the manufacturer of jewelry and other products made of precious metals and precious stones;

     5) refining is the process of purifying precious metals from impurities and related components, bringing precious metals to a quality that meets a national or international standard.;

     6) refined gold – gold obtained as a result of refining in the form of ingots, plates, granules and powder;

     6-1) refined precious metals – precious metals purified from foreign impurities and related components, brought to a quality corresponding to a national or international standard;

     7) precious metals – gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium and osmium) in any condition and form;

     8) nuggets of precious metals that are not subject to refining are nuggets of precious metals that differ dramatically in size from the predominant particles of precious metal in a given deposit and have a mass of more than 0.3 grams, isolated from mineral raw materials of precious metals, intended for circulation in domestic and foreign markets, use in production, scientific, social,for cultural purposes;

     9) scrap and waste of precious metals – articles that have become unusable, have lost their operational value or are subject to liquidation, which contain precious metal, as well as remnants of precious metal-containing materials, intermediate products of metallurgical production formed during the production and use of technical and household products, including incorrigible defects, which can be used for subsequent processing in order to extract precious metals;

     10) production of precious metals – extraction of precious metals from extracted complex ores, concentrates and other intermediates containing precious metals, from scrap and waste of precious metals, as well as refining of precious metals;

     11) subjects of production of precious metals – legal entities of the Republic of Kazakhstan engaged in the production of precious metals in the territory of the Republic of Kazakhstan;

     12) jewelry and other products made of precious metals and precious stones (hereinafter – jewelry and other products) – products, with the exception of coins made of precious metals, made of precious stones, precious metals and their alloys using various types of artistic processing, with inserts of precious stones and other materials of natural or artificial origin; or without them, they are used as various decorations, utilitarian household items and (or) for religious and decorative purposes.;

     13) turnover of precious metals and precious stones, raw materials containing precious metals, jewelry and other products – extraction, import, export of precious metals and precious stones, raw materials containing precious metals, jewelry and other products, making civil law transactions with them, acquisition by the state of refined gold within the framework of the priority right, as well as the use of precious metals and precious stones for investment and other needs;

     14) subjects of production of jewelry and other products – individual entrepreneurs and legal entities engaged in the manufacture of jewelry and other products;

     15) investment gold – gold that meets the following conditions:

     for gold coins:

     Such gold coins have no numismatic value.;

     The purity of gold coins is equal to or exceeds 900 thousandths per 1,000 parts of the total mass (which corresponds to 900 samples, 900 ppm, 90.0 percent or 21.6 carats).

     At the same time, a gold coin is recognized as having numismatic value if it meets one of the following conditions:

     minted before 1800;

     It was minted using a technology that ensures the production of a mirror surface of "proof" quality;

     It has a print run of no more than 1,000 copies.;

     its market price exceeds the value of the gold contained in the coin by more than 80 percent.

     The value of the gold contained in the coin is determined by multiplying the morning fixing (price quotation) of the gold that is set (which is set) By the London Precious Metals Market Association on the date of sale of the gold coin, at the market exchange rate set on the specified date.

     For the rest of the gold:

     such gold is refined (the purity of such gold is equal to or exceeds 995 thousandths per 1,000 parts of the ligature mass (which corresponds to 995 samples, 995 ppm, 99.5 percent or 23.88 carats);

     such gold conforms to the national or international standard, is made in the form of a measured or standard ingot and (or) a plate with the following markings applied on them:

     for a standard ingot and/or plate:

     serial number (may include the year of manufacture);

     manufacturer's trademark;

     purity (mass fraction) of gold;

     the year of manufacture, if it is not included in the serial number;

     for a measuring ingot:

     metal name;

     manufacturer's trademark;

     purity (mass fraction) of gold;

     weight of the ingot;

     16) raw materials containing precious metals – unprocessed precious metals (including Dore alloy in the form of an ingot, cathode metals), zinc precipitates, scrap and waste of precious metals, ores and concentrates of precious metals, ores, concentrates and ashes of non-ferrous metals, intermediates of production of non-ferrous metals containing precious metals;

     17) thresholds for the content of harmful impurities and precious metals in raw materials containing precious metals, – the maximum permissible content of harmful impurities and the minimum content of precious metals established for the purposes of state control when exporting raw materials containing precious metals from the territory of the Republic of Kazakhstan, determining the possibility of their industrial extraction from raw materials containing precious metals, used to determine the possibility (impossibility) of processing raw materials containing precious metals by subjects of precious metals production. metals in the territory of the Republic of Kazakhstan;

     18) rough natural diamonds – diamonds in their natural state, unprocessed and (or) partially processed (split, sawn, with a rune applied);

     19) sample – the number of mass parts of pure precious metal in one thousand mass parts of precious metal alloy;

     20) sampling – determination or confirmation of a sample of precious metals, jewelry and other products by established methods;

     21) assay stamp – a mark of the established pattern applied to jewelry and other products certifying the precious metal sample in such products;

     22) branding – the application of an assay stamp on jewelry and other products;

     23) authorized body – the central executive body responsible for the management, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination in the field of regulating the production of precious metals and the turnover of precious metals and precious stones, raw materials containing precious metals, jewelry and other products;

     24) authorized organization is a legal entity accredited in accordance with the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment for conducting an expert examination.

 

 

The Law of the Republic of Kazakhstan dated January 14, 2016 No. 444-V SAM.

     This Law regulates public relations arising in the sphere of production of precious metals and turnover of precious metals and precious stones, raw materials containing precious metals, jewelry and other products made of precious metals and precious stones.

  

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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