Article 6. State control over the turnover of refined precious metals, precious metals and precious stones, raw materials containing precious metals, jewelry and other products The Law on Precious Metals and Precious Stones

Home / RLA / Article 6. State control over the turnover of refined precious metals, precious metals and precious stones, raw materials containing precious metals, jewelry and other products The Law on Precious Metals and Precious Stones

Article 6. State control over the turnover of refined precious metals, precious metals and precious stones, raw materials containing precious metals, jewelry and other products The Law on Precious Metals and Precious Stones

1. The authorized body carries out state control:

1) when precious metals and raw materials containing precious metals are imported into the territory of the Republic of Kazakhstan from countries outside the Eurasian Economic Union and exported from the territory of the Republic of Kazakhstan to these countries, with the exception of ores, concentrates and ashes of non-ferrous metals, intermediates of production of non-ferrous metals containing precious metals;

2) when precious stones, jewelry and other items, and coins made of precious metals are imported into the territory of the Republic of Kazakhstan from countries outside the Eurasian Economic Union and exported from the territory of the Republic of Kazakhstan to these countries.;

3) when ores, concentrates and ashes of non-ferrous metals, intermediates of non-ferrous metals containing precious metals are imported into the territory of the Republic of Kazakhstan from countries outside the Eurasian Economic Union and exported from the territory of the Republic of Kazakhstan to these countries.;

4) Excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective six months after the date of its first official publication).

5) when refined precious metals are imported into the territory of the Republic of Kazakhstan from countries outside the Eurasian Economic Union and exported from the territory of the Republic of Kazakhstan to these countries.

2. State control provided for in subparagraph 1) paragraph 1 of this Article is carried out in accordance with the decisions of the Eurasian Economic Commission, the legislation of the Republic of Kazakhstan and includes:

1) checking the batch of precious metals, raw materials containing precious metals, with the exception of ores, concentrates and ashes of non-ferrous metals, intermediates of non-ferrous metal production, for compliance with the data specified in the accompanying documentation, including regulatory technical and (or) technical documentation;

2) assessment of the value of precious metals, taking into account world market prices;

3) determination of the source of origin of precious metals, raw materials containing precious metals;

4) monitoring compliance with the requirements of the legislation of the Republic of Kazakhstan when making transactions with precious metals and raw materials containing precious metals;

5) control of the content of precious metals and related extractable metals in raw materials containing precious metals;

6) assessment of the possibility (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from raw materials in the Republic of Kazakhstan on the basis of documents on the content of precious metals and related recoverable metals, or verification of the economic inexpediency or impossibility of processing raw materials containing precious metals in the territory of the Republic of Kazakhstan.

3. State control provided for in subparagraph 2) paragraph 1 of this Article is carried out in accordance with the decisions of the Eurasian Economic Commission and the legislation of the Republic of Kazakhstan through customs posts designated by the authorized body in the field of customs affairs.

4. State control provided for in subparagraph 3) paragraph 1 of this Article is carried out in accordance with the decisions of the Eurasian Economic Commission, the legislation of the Republic of Kazakhstan and includes the actions provided for in paragraphs 3), 4), 5) and 6) of paragraph 2 of this Article.

5. State control in the sphere of sale of jewelry and other products is carried out by the authorized body in the field of technical regulation in the form of an unscheduled inspection and preventive control with a visit to the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan and preventive control without visiting the subject (object) of control in accordance with the Business Code of the Republic of Kazakhstan and this Law.

5-1. The objectives of preventive control without visiting the subject (object) of control are the timely suppression and prevention of violations, granting the subject of control the right to independently eliminate violations identified by the authorized body in the field of technical regulation based on the results of preventive control without visiting the subject (object) of control, and reducing the administrative burden on the subject of control.

5-2. Preventive control without visiting the subject (object) of control is carried out by the authorized body in the field of technical regulation by studying, analyzing, comparing information obtained from various sources of information, including on the basis of information:

1) represented by subjects of state control, state bodies and other organizations;

2) obtained from information systems;

3) received from the mass media and other open sources, appeals from individuals and legal entities.

5-3. Preventive control without visiting the subject (object) of control is carried out by the authorized body in the field of technical regulation quarterly no later than the 25th day of the month following the reporting period.

5-4. In case of detection of violations based on the results of preventive control without visiting the subject (object) of control in the actions (inaction) of the subject of control, the authorized body in the field of technical regulation issues and sends a notification with a description of the detected violations no later than five working days from the date of detection of violations.

5-5. The notification must be delivered to the subject of control personally against signature or in any other way confirming the facts of sending and receiving.

In this case, a notification sent by one of the following methods is considered to have been handed over to the control entity in the following cases::

1) on purpose – from the date of the control entity's mark in the notification of receipt;

2) by registered mail;

3) electronically – from the date of sending to the e-mail address of the subject of control.

5-6. The notification of the elimination of violations identified by the results of preventive control without visiting the subject (object) of control must be executed by the subject of control within ten working days from the day following the day of its delivery (receipt), except in cases where a longer period of execution is specified in the request itself.

5-7. In case of disagreement with the violations specified in the notification, the control entity has the right to send an objection to the authorized body in the field of technical regulation that sent the notification within five working days from the day following the day of delivery (receipt) of the notification.

5-8. Excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 397-VI (effective six months after the date of its first official publication).

5-9. Failure to comply with the notification on the elimination of violations identified by the results of preventive control without visiting the subject (object) of control within the prescribed period entails the appointment of preventive control with a visit to the subject (object) of control in relation to the subject of control by including in the semi-annual list of preventive control with a visit to the subject (object) of control.

6. Results of state control:

1) provided for in subparagraph 1) of paragraph 1 of this Article, are drawn up by the authorized body:

upon importation – in the form of a state control act issued for each batch of goods.;

when imported for processing – in the form of a state control act issued for each batch of goods, a document on the conditions of processing of goods;

upon export – in the form of a state control act issued for each batch of goods, an export license and an opinion on the possibility (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from raw materials in the Republic of Kazakhstan;

when exported for processing – in the form of a state control act issued for each batch of goods, a document on the conditions of processing of goods, an opinion on the economic inexpediency or impossibility of processing raw materials containing precious metals in the territory of the Republic of Kazakhstan.;

2) provided for in subparagraph 2) of paragraph 1 of this Article, are drawn up by the authorized body in the form of a state control act issued for each batch of goods.;

3) provided for in subparagraph 3) of paragraph 1 of this Article, are drawn up by the authorized body:

when imported for processing – in the form of a document on the conditions of processing of goods;

upon export – in the form of an export license and an opinion on the possibility (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from raw materials in the Republic of Kazakhstan;

when exported for processing – in the form of a document on the conditions of processing of goods, an opinion on the economic inexpediency or impossibility of processing raw materials containing precious metals in the territory of the Republic of Kazakhstan.

4) provided for in subparagraph 5) of paragraph 1 of this Article, are drawn up by the authorized body:

upon importation – in the form of a state control act issued for each batch of goods.;

Upon export, it is in the form of a state control act issued for each batch of goods and an export license.

7. Control of the content of exported precious metals and related recoverable metals in raw materials containing precious metals is carried out by:

submission of documents on the content of precious metals and related recoverable metals during export licensing procedures;

issuing an opinion on the possibility (impossibility) and economic feasibility (inexpediency) of industrial extraction of precious metals from raw materials in the Republic of Kazakhstan;

issuing an opinion on the economic inexpediency or impossibility of processing raw materials containing precious metals in the territory of the Republic of Kazakhstan;

registration of the act of state control for each batch of exported raw materials containing precious metals.

Representative samples from exported raw materials containing precious metals for the purposes of state control of the content of precious metals in them are taken in accordance with the procedure established by the regulatory technical documentation of the Republic of Kazakhstan, with the registration of an act on sampling in the manner and in the form determined by the authorized body.

A document on the content of precious metals for the purposes of state control is issued by an accredited testing laboratory and must contain information on the specific content of all precious metals in raw materials containing precious metals.

8. The state control provided for in subparagraphs 1) and 2) of paragraph 1 of this Article shall not be carried out.:

1) in relation to the National Bank of the Republic of Kazakhstan during the import and (or) export of precious metals, including coins made of precious metals;

2) when individuals import and (or) export precious metals and (or) precious stones, including jewelry and other items, coins made of precious metals, as goods for personal use;

3) when importing and (or) exporting radioactive and stable isotopes of precious metals and products based on them;

4) when exporting cultural property containing precious metals and (or) precious stones.

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

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