On signing an Agreement on the specifics of operations with precious metals and precious stones within the framework of the Eurasian Economic Union

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Decree of the President of the Republic of Kazakhstan dated October 24, 2019 No. 193

In accordance with Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:

1. To approve the attached draft Agreement on the specifics of operations with precious metals and precious stones within the framework of the Eurasian Economic Union.

2. Prime Minister of the Republic of Kazakhstan Mamin Askar Uzakpayevich signed on behalf of the Republic of Kazakhstan an Agreement on the specifics of operations with precious metals and precious stones within the framework of the Eurasian Economic Union, allowing amendments and additions that are not fundamental.

3. This Decree shall enter into force from the date of its signing.

President of the Republic of Kazakhstan

K. Tokaev

Approved by Decree of the President of the Republic of Kazakhstan dated October 24, 2019 No. 193

Project

Agreement on the specifics of operations with precious metals and precious stones within the framework of the Eurasian Economic Union

The Member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

based on the Treaty on the Eurasian Economic Union of May 29, 2014,

in order to create conditions for ensuring the free circulation of precious metals and precious stones in the customs territory of the Eurasian Economic Union (hereinafter - the Union),

In order to form mutually beneficial trade and economic mechanisms aimed at creating competitive advantages of the Member States and their interaction in order to develop effective measures in the field of operations with precious metals and precious stones in the Member States, agreed as follows:

Article 1

For the purposes of this Agreement, concepts are used that mean the following::

"analysis" is the determination of the chemical composition of the metal and its alloy from which the product is made, including through the use of methods involving the destruction of this product.;

"refining of precious metals" is the process of purifying extracted precious metals from impurities and related chemical elements, bringing the precious metal content to values that meet the requirements of interstate standards and (or) state (national) standards of the Member States, and (or) technical conditions in force in the territories of the Member States, and (or) international quality standards adopted by the London Precious Metals Market Association (LBMA) and London Platinum and Palladium Market Participants (LPPM);

"gemstone mining" is the extraction of precious stones from indigenous, placer, and man-made deposits, as well as the sorting, primary classification, and primary evaluation of precious stones;

"extraction of precious metals" is the extraction of precious metals from indigenous (ore), placer and man-made deposits to produce concentrates and other intermediates containing precious metals;

"precious stones" - natural diamonds, emeralds, rubies, sapphires and alexandrites, as well as natural pearls in their raw (natural) and processed form, unique amber formations (materials of artificial origin having the characteristics (properties) of precious stones cannot be classified as precious stones);

"precious metals" - gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium and osmium), which can be in any state, form (including in native and refined form), as well as in raw materials, alloys, semi-finished products, industrial products, chemical compounds, products (articles), including jewelry and other items, coins, scrap and waste;

"namesake" is a manufacturer's mark, the imprint of which is placed on manufactured jewelry and other products.;

"use of precious metals and precious stones" - the use of precious metals and precious stones for industrial, financial, scientific and socio-cultural purposes;

"mineral raw materials" - ores of indigenous deposits extracted from the subsurface and containing precious metals, sands of placer deposits, ores and sands of man-made deposits, concentrates, gold and platinum dressing, Dore alloy, cathode metal and zinc sediments, as well as polymetallic (complex) ores containing precious metals extracted industrially;

"stigmatization" - the production of an assay stamp on jewelry and other products;

"scrap and waste of precious metals" - products (articles) made of precious metals and their alloys, its parts that have become unusable or have lost their consumer properties and (or) functional purpose, an incorrigible defect that occurred during the production of such products (articles), as well as remnants of raw materials, materials, semi-finished products containing precious metals formed during production and/or consumption and used primarily for the extraction of precious metals;

"gemstone processing" is a mechanical, physical, chemical or other effect on precious stones in order to change their physical condition (shape, color, quality) (processing includes both the production of semi-finished products and finished products from precious stones for various purposes, as well as their refinement);

"sampling" is the determination or confirmation of a sample of an alloy of precious metals in jewelry and other products.;

"waste of precious stones" - remains in the form of fragments, fragments of precious stones, which were formed during the processing of precious stones, manufacture and use of jewelry and other products, technical products and cannot be used for the manufacture of these products.;

"sample" is the quantitative content of mass fractions of a chemically pure precious metal in 1 thousand mass fractions of a precious metal alloy.;

"assay stamp" is a mark of a sample established by the legislation of a member state, applied to jewelry and other products made of precious metals, and certifying a sample of the precious metal contained in such a product.;

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

"recovered precious stones" are precious stones extracted from tools and other technical products that have been used or decommissioned for other reasons.;

"mining entities" - organizations engaged in the extraction of precious metals in the territory of the Member State of which they are residents;

"jewelry and other products" - articles made of precious metals and their alloys and having samples not lower than the minimum samples established by the requirements for testing, analyzing and branding jewelry and other products, including those made using various types of decorative processing, with or without inserts of precious stones, other materials of natural or artificial origin, with the exception of coins, issued (including those withdrawn from circulation), and state awards, or products, made of materials of natural or artificial origin using various types of decorative processing, with inserts of precious metals and (or) precious stones.

Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014, and international treaties concluded within the Union.

Article 2

1. This Agreement defines the specifics of operations with precious metals and precious stones in the Member States and applies to legal relations related to the activities of legal entities and individuals registered as individual entrepreneurs (hereinafter referred to as individual entrepreneurs) in operations with precious metals and precious stones.

2. For the purposes of this Agreement, transactions in precious metals and precious stones are understood as:

a) actions related to the transfer of ownership and other property rights to precious metals and precious stones (circulation of precious metals and precious stones), including the use of precious metals and precious stones as collateral;

b) changes in the physical condition or content of precious metals and precious stones in any substances and materials during the extraction, production of precious metals, extraction of precious stones, subsequent processing and use of precious metals and precious stones;

c) movement of precious metals and precious stones, which are goods of the Union, through the territories of non-member states of the Union, and (or) by sea, as well as through the customs territory of the Union (including transportation of precious metals and precious stones to storage facilities, funds and stocks), their storage and display;

d) import of precious metals and precious stones into the customs territory of the Union and their export from the customs territory of the Union in accordance with the procedure established by acts constituting the law of the Union.

3. This Agreement does not apply to the following operations:

a) sale by legal entities and individual entrepreneurs of jewelry and other products for personal, family, household or other use not related to entrepreneurial activity (the procedure for carrying out such operations is established by the legislation of the Member State in whose territory they are carried out);

b) transactions with jewelry and other products, as well as with faceted precious stones, carried out between individuals for purposes not related to entrepreneurial activity (the procedure for carrying out such transactions is established by the legislation of the Member State in whose territory they are carried out);

c) operations with precious stones unsuitable for the manufacture of jewelry and other products (the classification of precious stones as unsuitable for the manufacture of jewelry and other products is carried out in accordance with Annex 1 to this Agreement);

d) operations with devices, tools and equipment containing precious metals and precious stones (the procedure for such operations is established by the legislation of the Member State in whose territory they are performed);

e) operations related to the export of precious metals and precious stones from the customs territory of the Union to the territories of non-member States of the Union and their importation into the customs territory of the Union from the territories of such States;

f) transactions carried out by the national (central) banks of the Member States with precious metals, precious stones and mineral raw materials (the procedure for carrying out such transactions is established by the legislation of the Member State in whose territory they are carried out).

Article 3

The extraction of precious metals and precious stones in the Member States is carried out in accordance with the legislation of the Member State in whose territory the relevant extraction is carried out.

Article 4

1. The production of precious metals and products (articles) made from them, the processing of precious stones, as well as the use and circulation of precious metals and precious stones in the Member States are carried out in accordance with the legislation of the relevant Member State, taking into account the following features:

a) legal entities and individual entrepreneurs engaged in the production of precious metals, the processing of precious stones, the circulation of precious metals and precious stones, the use of precious metals for production purposes, as well as in other cases established by the legislation of the Member State, must be specially registered (must be included in the register of legal entities and individual entrepreneurs who carry out operations with precious metals and precious stones, including mineral raw materials containing precious metals, which is conducted by an authority (organization) authorized in accordance with the legislation of the Member state) and (or) have a special permit (license) for the right to carry out activities with precious metals and (or) precious stones;

b) legal entities and individual entrepreneurs engaged in the extraction of precious metals, the sale of mineral raw materials or producing precious metals from mineral raw materials, products and waste from the processing of mineral raw materials (with the exception of non-refined nuggets and unique nuggets of precious metals), after the necessary processing are required to perform one of the following actions:

to carry out refining of precious metals independently if they have the right to carry out this type of activity in accordance with the legislation of the member state.;

to send mineral raw materials, products and waste from the processing of mineral raw materials on the basis of an agreement (contract) for refining to organizations that have the right to carry out this type of activity in accordance with the legislation of the member state.;

to carry out operations in the territories of the Member States with mineral raw materials containing precious metals prior to refining in accordance with the procedure for operations with mineral raw materials containing precious metals prior to refining in accordance with Annex 2 to this Agreement.;

to export mineral raw materials, products and waste of processing of mineral raw materials from the customs territory of the Union in accordance with the procedure established by acts constituting the law of the Union.

The procedure for classifying nuggets of precious metals as nuggets not subject to refining is determined by the Eurasian Economic Commission (hereinafter referred to as the Commission).;

c) transactions related to the transfer of ownership of mineral raw materials prior to refining and (or) to unprocessed precious stones, as well as their use as collateral, are subject to accounting. The accounting procedure for such transactions is established by the legislation of the Member State.

2. The refining of precious metals does not entail the transfer of ownership of precious metals, unless such transfer of ownership is stipulated in the terms of the agreement (contract) and unless this contradicts the legislation of the Member State in whose territory the legal entity or individual entrepreneur who deposited the mineral raw materials or products and waste of its processing for refining is registered.

3. The legislation of a Member State may provide for:

a) the priority right of the state and (or) the organization to purchase precious metals and precious stones for the purpose of refining precious metals, replenishment of gold and foreign exchange assets (reserves, reserves) and (or) other state funds of precious metals and (or) precious stones;

b) requirements and conditions relating to the production of precious metals, including the refining of precious metals extracted from mineral raw materials extracted in the territory of this Member State, in organizations of this Member State that have the right to carry out this type of activity in accordance with its legislation.;

c) supply of precious metals, including scrap and waste of precious metals, and precious stones for state needs by state order.

4. The legislation of a Member State in whose organizations the processing or refining of mineral raw materials extracted in the territory of another Member State is carried out may not establish discriminatory rules and regulations restricting the return of processed or refined precious metals to the territory of that other Member State.

Article 5

1. Legal entities and individual entrepreneurs carry out mandatory accounting:

a) precious metals - by name, weight and content of the precious metal (sample);

b) precious stones - by name, weight, classification characteristics in accordance with the regulatory and technical documentation used in the Member States in order to determine the classification and cost characteristics of precious stones.

2. The procedure for accounting and reporting, storage and transportation (transportation) of precious metals and precious stones is established by the legislation of the Member State in whose territory the extraction, production, use and circulation of precious metals and precious stones are carried out.

Article 6

1. When making transactions with precious metals, unprocessed precious stones, unique nuggets and nuggets that are not subject to refining, the contractual (contractual) price is formed in accordance with the legislation of the Member States.

2. Nuggets of precious metals not classified as unique and mineralogical collectible samples of such nuggets may be sold by mining entities in accordance with the procedure established by the legislation of the Member State in whose territory they are sold, with the exception of the case specified in paragraph 4 of Article 9 of this Agreement.

Article 7

The movement of rough natural diamonds from the territory of one Member State to the territory of another Member State is carried out in accordance with the requirements of the international certification scheme for rough natural diamonds. The procedure for registration and issuance of certificates of the international certification scheme for rough natural diamonds (Kimberley Process Certificate), as well as monitoring compliance with the requirements of the international certification scheme for rough natural diamonds, is established by the legislation of the Member State.

Article 8

1. Transactions with precious stones, the classification characteristics of which have not been determined, are not allowed in the Member States.

2. The classification and cost characteristics of precious stones are determined on the basis of regulatory and technical documentation used in the Member States in the process of sorting, primary classification and initial assessment (in the case of mining on the territory of a member State), identification (in the case of importation into the customs territory of the Union from the territories of non-member States of the Union) of precious stones, and also at the end of their processing.

3. The sorting, primary classification and primary evaluation of unprocessed precious stones mined in the territory of a Member State shall be carried out by the mining entities or bodies (organizations) authorized to carry out such operations, in accordance with the legislation of the Member State in whose territory the unprocessed precious stones were mined.

Article 9

1. Sale (sale) by legal entities

faceted precious stones are sold by individuals and individual entrepreneurs under a retail purchase and sale agreement, subject to the availability of a certificate for each stone or batch of 2 or more faceted precious stones enclosed in a single package.

2. A certificate (attestation) is issued by an accredited body (organization) in accordance with the procedure established by the legislation of the Member State.

3. Certification (attestation) of faceted gemstones is carried out in accordance with the legislation of the Member State.

4. Sale (sale) by legal entities and individual entrepreneurs to individuals of non-refined nuggets, as well as unprocessed precious stones in their raw (natural) form is not allowed.

5. Non-refined nuggets can be used as inserts (linings, pendants) in jewelry and other products.

Article 10

1. Legal entities and individual entrepreneurs, which generate scrap and waste of precious metals, waste of precious stones, carry out the collection and mandatory accounting of said scrap and waste, if this is provided for by the legislation of the Member State. The procedure for accounting and reporting, storage and transportation (transportation) of scrap and waste of precious metals and waste of precious stones is established by the legislation of the Member State in whose territory they were formed.

2. Scrap and waste of precious metals, waste of precious stones collected in our own production:

a) are processed (recycled) by self-collecting legal entities and individual entrepreneurs for secondary use in their own production;

b) are subjected to refining (only with respect to scrap and waste of precious metals) if legal entities and individual entrepreneurs have the right to carry out this type of activity in accordance with the legislation of the member State, or are sent on the basis of a refining agreement to organizations that have the right to carry out this type of activity in accordance with the legislation of the member State. this type of activity;

c) are sold to the state funds of precious metals and (or) precious stones of the Member States in accordance with the legislation of the Member States or to other legal entities and individual entrepreneurs;

d) are exported from the customs territory of the Union in accordance with the procedure established by acts constituting the law of the Union.

3. The legislation of a Member State may establish:

a) the obligation to refine scrap and waste of precious metals collected by legal entities and individual entrepreneurs in their own production, in organizations of this Member State that have the right to carry out this type of activity in accordance with the legislation of the Member State;

b) requirements and conditions regarding the refining of scrap and waste of precious metals acquired by legal entities and individual entrepreneurs in organizations of this Member State that have the right to carry out this type of activity in accordance with the legislation of the Member State.

4. The treatment of scrap and waste of precious metals, waste of precious stones located in the state funds of precious metals and (or) precious stones of the Member States, is carried out in accordance with the legislation of the Member States.

5. Legal entities and individual entrepreneurs who purchase scrap and waste of precious metals are required to perform one of the following actions::

a) to carry out refining of scrap and waste of precious metals independently if they have the right to carry out this type of activity in accordance with the legislation of the member state;

b) to send scrap and waste of precious metals on the basis of an agreement (contract) for refining to organizations that have the right to carry out this type of activity in accordance with the legislation of the member state.;

c) transfer or sell scrap and waste of precious metals to other legal entities or individual entrepreneurs for the purpose of processing (refining) for subsequent refining, if this is provided for by the legislation of the Member State.;

d) to sell scrap and waste of precious metals to the state funds of precious metals and (or) precious stones of the Member States in accordance with the legislation of the Member States;

e) to export scrap and waste of precious metals from the customs territory of the Union in accordance with the procedure established by acts constituting the law of the Union.

6. The use and handling of precious metals extracted from scrap and waste, as well as recovered precious stones, depending on their type and condition, shall be carried out in accordance with this Agreement.

7. The legislation of a Member State in whose organizations precious metals have been extracted from scrap and waste transferred from the territory of another Member State may not establish rules restricting the return of these precious metals to the Member State from whose territory these scrap and waste were moved.

Article 11

1. Jewelry and other products imported into the customs territory of the Union and released in accordance with the customs procedure for release for domestic consumption must comply with the samples established by the requirements for testing, analysis and branding of jewelry and other products.

The requirements for the testing, analysis and branding of jewelry and other products are approved by the Board of the Commission.

Jewelry and other items specified in the first paragraph of this paragraph shall be branded with the assay stamp of the Member State into whose territory they were imported, in accordance with the specified requirements, except for the cases provided for in paragraph 4 of this article.

2. Jewelry and other items subject to international agreements providing for mutual recognition of assay marks of a member State and a non-member State of the Union, imported into the customs territory of the Union and released in accordance with the customs procedure for release for domestic consumption in the territory of this member State, when they are moved to the territory of another member State for sale (sale), they must be branded with the assay stamp of the Member State from whose territory such products were moved.

3. Jewelry and other items manufactured in the territory of a Member State must comply with the samples established by the requirements specified in the second paragraph of paragraph 1 of this article, have impressions of the name tag and the assay stamp of the Member State in whose territory these jewelry and other items were manufactured, except for the cases provided for in paragraph 4 of this article.

4. They are not subject to mandatory testing, analysis and branding.:

a) state awards, coins, remnants of jewelry and other household items, presented in various forms;

b) pens made of precious metals and pens made of base metals;

c) plates for inscriptions made of precious metals or salaries made of precious metals for books, albums, folders and similar articles;

d) jewelry and other items of historical or archaeological significance, ingots of refined precious metals of domestic and foreign production, nuggets of precious metals, gold leaf, silver leaf, small incisions and small ornaments made by inlay of platinum, gold, palladium and (or) silver on products, instruments, laboratory utensils and other products made of precious metals and intended for scientific, industrial and medical purposes.

5. Jewelry and other products manufactured in the territory of a Member State intended for export to non-member States of the Union are not subject to testing, analysis and branding if this is provided for by the legislation of the Member State in whose territory such products are manufactured.

6. Jewelry and other items branded with an assay mark on the territory of one Member State, if they are moved to the territory of another Member State, are not subject to additional testing, analysis and branding.

7. Legal entities and individual entrepreneurs engaged in the manufacture (production) of jewelry and other products must have a nameplate, the imprint of which is applied to all jewelry and other products manufactured by them.

8. Jewelry and other products having a sample below the established minimum sample for the corresponding precious metal, as well as products made using base metals, are not subject to branding and sale as jewelry and other products. Such products must not have stamp impressions that resemble in appearance the impressions of assay stamps or the marks of precious metal samples that do not correspond to the alloy of precious metals from which such products are made. Requirements for testing, analysis and branding of jewelry and other products specified in the second paragraph of the paragraph

1 of this article may be provided for in the case of the use of base metals in the manufacture of jewelry and other products.

9. Jewelry and other items branded with an assay mark on the territory of one Member State, if they are moved to the territory of another Member State, may be voluntarily submitted to the authorized body (organization) of the Member State into whose territory these items were moved for testing, analysis and branding, if this is provided for by the legislation of the Member State.the member to whose territory jewelry and other items have been moved.

10. Testing, analysis and branding of jewelry and other products, as well as keeping records (register) of namesakes are carried out by an authorized body (organization) of the Member State. In cases provided for by the legislation of a Member State, the body of the Member State authorized to carry out testing, analysis and branding of jewelry and other products, as well as to keep records (register) of namesakes, may act as the body authorized to carry out regulatory legal regulation in the field of production, use and circulation of precious metals and precious stones (hereinafter referred to as the body authorized for regulatory legal regulation).

Naming codes are established annually in a Member State by the body (organization) authorized for testing, analysis and branding, or by the body authorized for regulatory legal regulation, and information about them is brought to the attention of manufacturers of jewelry and other products of this Member State, as well as quarterly to the attention of bodies authorized for regulatory legal regulation, and the bodies (organizations) authorized for testing, analysis and branding of other Member States.

11. The sale (sale) of jewelry and other items subject to assay marking in accordance with this Agreement, without imprints of such stamps is prohibited.

12. Jewelry and other silver products that are manufactured in the territory of a Member State and for which branding is carried out on a voluntary basis in accordance with the legislation of that Member State may be sold (sold) in the territory of that Member State if there is a nameplate on such products. When moving such products to the territory of another Member State for sale (sale) they are subject to the stamp of the assay stamp of the Member State from whose territory such products were moved.

13. Legal entities and individual entrepreneurs of a Member State into whose territory jewelry and other items have been moved from the territory of another Member State shall submit information on the movement of such items to the body of their Member State authorized for regulatory legal regulation.

14. The body authorized for regulatory legal regulation of the Member State into whose territory jewelry and other items have been moved ensures that the body authorized for regulatory legal regulation of the Member State from whose territory such items have been moved is informed of the receipt of jewelry and other items. The composition of the information and the procedure for its exchange are agreed upon by these authorized bodies (organizations).

15. If one of the Member States implements an information system in the field of verifying the authenticity of the origin of jewelry and other products and accounting for their movement at all stages of turnover, the procedure for identifying jewelry and other products, the composition of information about them, the procedure and timing of its transfer to such an information system shall be determined by the Commission.

Article 12

1. The bodies authorized for regulatory legal regulation shall ensure the exchange of information on legislative and other regulatory legal acts establishing:

a) the procedure for carrying out activities with precious metals and precious stones, including in the field of production, use and circulation of precious metals and precious stones;

b) assay marks.

2. The bodies authorized for regulatory legal regulation shall ensure the exchange of samples of assay stamps, their descriptions, registers of names, as well as other information within the framework of the implementation of this Agreement.

3. The body authorized for regulatory legal regulation, in case of detection of violations of the requirements for the production of jewelry and other products moved to the territory of its member state, ensures that information about the violations is sent to the body authorized for regulatory legal regulation of the Member State from whose territory these jewelry and other products were moved.. The list of violations in respect of which information is exchanged between the bodies authorized for regulatory legal regulation is determined by the Commission.

The body authorized for regulatory legal regulation of the Member State from whose territory jewelry and other items were moved ensures that control measures are taken against the persons indicated in the information received.

reports on detected violations, and takes measures to eliminate violations in accordance with the legislation of its State.

The body authorized for regulatory legal regulation of the Member State in whose territory violations were detected, within the framework of control and supervisory measures, ensures that jewelry made by manufacturers and (or) suppliers who committed violations is tested and analyzed within 1 year from the date of detection of violations.

The body authorized for regulatory legal regulation of the Member State from whose territory jewelry and other items were moved ensures that information on the measures taken in accordance with the legislation of the first Member State is sent to the body authorized for regulatory legal regulation of the Member State in whose territory violations were detected.

The body authorized for regulatory legal regulation of the Member State in whose territory violations were detected during the movement and (or) sale of precious stones, carries out measures to eliminate such violations and informs the body authorized for regulatory legal regulation of the Member State from whose territory the precious stones were moved about the violations and measures taken. stones, in order to take measures to curb the identified violations in accordance with the legislation of the Member State., from the territory of which the gems were moved.

The bodies authorized for regulatory legal regulation ensure that measures are taken to identify and eliminate the causes of violations and the conditions that contributed to their commission.

The bodies authorized for regulatory legal regulation, guided by international treaties and the legislation of their States, strive for information exchange on countering money laundering and terrorist financing, taking into account the recommendations of the Financial Action Task Force on Money Laundering (FATF).

Member States use the information received

in accordance with this Agreement, solely for the purpose of implementing this Agreement.

Article 13

1. Measures of responsibility for the illegal trafficking of precious metals and precious stones and articles made from them shall be applied in accordance with the legislation of the Member State.

2. The Member States will take measures to harmonize administrative and (or) other liability for illicit trafficking in precious metals, precious stones and articles made from them in the Member States. The list of measures to harmonize administrative and (or) other liability for illicit trafficking in precious metals, precious stones and products made from them in the Member States, and the timing of their implementation, shall be determined by the Council of the Commission, taking into account the results of the review visits provided for in paragraph 3 of this Article.

3. Initial review visits shall be conducted in order to familiarize the Member States with the implementation of the provisions of this Agreement.

Periodic review visits are organized for the purpose of implementing corrective actions, as well as exchanging best practices aimed at improving existing mechanisms of state control (supervision) in the field of production and circulation of jewelry and other products made of precious metals and precious stones.

Initial review visits are conducted in accordance with the schedule of review visits, which is formed on the basis of proposals from authorized bodies (organizations) of the Member States and approved by the Board of the Commission. Initial review visits are conducted within 6 months from the date of entry into force of this Agreement. Periodic review visits are carried out at least once every 5 years.

Review visits are carried out by a review group, which includes representatives of authorized bodies (organizations) of the Member States, including deputy heads of these bodies (organizations), and the Commission.

Based on the results of the initial (repeated) review visit, an appropriate conclusion is drawn up.

A recommendation is made based on the results of the periodic review visit.

If one of the Member States receives a negative opinion based on the results of the initial review visit, the repeat visit is carried out no later than 1 month from the date of completion of the last initial review visit stipulated in the schedule of the review visits.

The composition of the review group, the form of the report and the list of information to be reflected in the report are approved by the Board of the Commission.

Article 14

Paragraphs one, two and three of paragraph 1, paragraphs 2, 3, 6 - 9, 11, 13 and 14 of Article 11 of this Agreement shall be applied by the Member States from the date of entry into force of the decision of the Council of the Commission, adopted on the basis of positive conclusions in respect of all Member States obtained from the results of the initial review visits provided for by paragraph 3 of Article 13 of this Agreement.

Article 15

Disputes related to the application of this Agreement are resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

Article 16

By mutual agreement of the Member States, amendments and additions may be made to this Agreement, which are formalized in separate protocols.

Article 17

This Agreement is an international agreement concluded within the framework of the Union and is included in the law of the Union.

Article 18

This Agreement shall enter into force upon the expiration of 10 calendar days from the date of receipt by the depositary through diplomatic channels of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

Done in the city of " " in 20 in one original copy in Russian.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

For the Republic of Armenia

For the Republic of Belarus

For the Kyrgyz Republic

For the Republic of Kazakhstan

For the Russian Federation

APPENDIX 1 to the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union

The procedure for classifying precious stones as unsuitable for making jewelry and other products

1. This procedure establishes criteria and rules for classifying precious stones as unsuitable for the manufacture of jewelry and other products.

2. The concepts used in this procedure are applied in the meanings defined by Article 2 of the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union.

3. The criteria for classifying precious stones as unsuitable for the manufacture of jewelry and other products are their size, color and quality characteristics.

4. Precious stones unsuitable for making jewelry and other items include:

a) natural diamonds extracted from the subsurface, of the "bort" and "drilling" positions, regardless of their size and weight group;

b) waste of precious stones:

natural diamonds recovered from multi-crystal diamond tools, sieves of grades "-3 + 2" and below;

waste generated during any type of processing of natural diamonds, sieves of grades "-3 + 2" and below;

crumbs of precious stones, as well as waste generated during any type of processing of precious stones (except natural diamonds), of linear dimensions less than 2 mm.

5. The classification of natural diamonds extracted from the depths of the bort and drilling positions as unsuitable for the manufacture of jewelry and other products in accordance with the established procedure for sorting, primary classification and primary evaluation of precious stones is carried out by organizations engaged in sorting, primary classification and primary evaluation of precious stones.

6. The classification of waste precious stones as unsuitable for the manufacture of jewelry and other products is carried out by legal entities and individuals registered as individual entrepreneurs who purchase and use precious stones.

The conformity of the characteristics of gemstone waste with the criteria defined by this procedure is established using measuring instruments and equipment that have been verified and calibrated in accordance with the requirements of the legislation of the member State of the Eurasian Economic Union on ensuring the uniformity of measurements.

The sieve class of natural diamonds recovered from a multi-crystal diamond tool, as well as waste generated during any type of processing of natural diamonds, is determined by sieving on sieves.

The linear dimensions of the crumbs of precious stones, as well as waste generated during any type of processing of precious stones (except natural diamonds), are established using measuring instruments with an error of no more than 0.1 mm.

APPENDIX 2 to the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union

The order of operations with mineral raw materials containing precious metals before refining

1. This procedure regulates the relations between the owners of mineral raw materials containing precious metals (hereinafter referred to as mineral raw materials) and other market participants in the following cases::

a) changes in the physical condition or content of precious metals in mineral raw materials during their extraction, processing and metallurgical conversion prior to refining;

b) transfer of ownership and other property rights to mineral raw materials and products of processing of mineral raw materials;

c) movement and storage of mineral raw materials and products of processing of mineral raw materials.

3. This procedure does not apply to operations with nuggets of precious metals classified as unique and not subject to refining.

4. Changes in the physical state or content of precious metals in mineral raw materials are carried out during the processing of ores extracted from the depths at processing and gold extraction plants and metallurgical production, during sand washing at washing plants and devices, refining concentrates at dressing plants and installations, at heap and underground leaching plants, and at other facilities for processing mineral raw materials.

5. For each batch of mineral raw materials, its owner issues a passport, which states:

a) the name of the mineral raw material;

b) batch number;

c) the mass of the batch (in natural and dry form);

d) humidity;

e) the content of harmful and other controlled impurities;

f) the content of precious metals;

g) quantity of precious metals;

h) other parameters characterizing the quality of mineral raw materials.

6. Mineral raw materials that are not burdened with obligations in accordance with previously concluded agreements (contracts) for the supply of refined precious metals may be sold in accordance with the legislation of a member state of the Eurasian Economic Union (hereinafter referred to as the member States) prior to refining by entities involved in its extraction and (or) production of precious metals to legal entities and individuals. registered as individual entrepreneurs, including through exchanges of precious metals and precious stones.

Mineral raw materials may be used as collateral in accordance with the legislation of the Member State.

7. Transactions related to the transfer of ownership of mineral raw materials, as well as their use as collateral, are formalized by relevant agreements (contracts) and are subject to accounting in accordance with Article 4 of the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union.

8. The agreements (contracts) related to the transfer of ownership of mineral raw materials must specify:

a) the name of the mineral raw material;

b) the volume and timing (schedule) of delivery;

c) the amount of precious metals in chemically pure form;

d) the price of precious metals per unit mass in chemically pure form and their total value under the agreement (contract);

e) the order and terms of delivery and payment;

f) conditions for the transfer and reception of mineral raw materials;

g) the responsibility of the parties.

9. Prices for mineral raw materials are determined by its owner independently, taking into account prices set by the national (central) banks of the member states, or quotes of prices set for gold and silver by the London Association of Precious Metals Market Participants (LBMA), for platinum and palladium by participants in the London Platinum and Palladium Market (LPPM), or prices set by bodies (organizations) authorized by the legislation of the Member State for iridium, rhodium, ruthenium and osmium.

10. The owner of the mineral raw materials ensures the safety of the precious metals contained in this raw material at all stages of its extraction, processing and transportation in accordance with the legislation of the Member State.

APPENDIX 3 to the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union

The MAIN requirements for state control (supervision) in the field of production and circulation of jewelry and other products made of precious metals and precious stones

1. For the purposes of implementing the provisions of the Agreement

information on the specifics of operations with precious metals and precious stones in the member States of the Eurasian Economic Union the member States of the Eurasian Economic Union (hereinafter referred to as the member States) ensure the availability of:

a) the basic law in the sphere of production and circulation of jewelry and other products;

b) other regulatory legal acts in the field of production, use and circulation of jewelry and other products regulating the issues of testing, analysis and branding, as well as conducting inspections;

c) regulatory legal acts providing for measures of administrative and (or) other liability for violation of mandatory requirements in respect of jewelry and other items moved to the territory of a Member State;

d) the authorized body responsible for conducting state policy in the field of production, use and circulation of jewelry and other products, and (or) other bodies (organizations) authorized to conduct it in accordance with the legislation of the Member State (hereinafter referred to as the authorized body (organization).

2. The authorized body (organization) and its employees may not carry out business activities for the manufacture and (or) sale of jewelry and other products, as well as establish organizations engaged in business activities for the manufacture and (or) sale of jewelry and other products, or become members of such organizations.

1. For the purposes of implementing the provisions of the Agreement

a) the basic law in the sphere of production and circulation of jewelry and other products;

3. State control (supervision) in the sphere of production and circulation of jewelry and other products made of precious metals and precious stones is carried out by organizing and conducting inspections of legal entities and individuals registered as individual entrepreneurs in accordance with the legislation of the Member State (hereinafter referred to as "inspections"). - individual entrepreneurs), taking measures provided for by the legislation of the Member State to prevent and (or) eliminate the consequences of violations, analyzing the fulfillment of mandatory requirements when legal entities and individual entrepreneurs carry out their activities in the field of production.

4. The authorized body (organization), in accordance with the legislation of the Member State, shall carry out:

a) regulatory legal and methodological support of relations related to the implementation of state control (supervision) within the framework of their powers;

b) organization and coordination of the activities of authorized bodies (organizations), if this is provided for by the legislation of the Member State;

c) monitoring the conduct of state assay supervision in order to assess its results and effectiveness, as well as the circulation of jewelry and other products on the territory of the Member State;

d) adoption of the legislation provided for

Member State measures to prevent and (or) eliminate identified violations;

e) analysis of the fulfillment of mandatory requirements

when legal entities and individual entrepreneurs manufacture, use and handle jewelry and other products;

f) other functions provided for by the legislation of the Member State.

5. The authorized body (organization) conducts:

a) in accordance with the requirements for testing, analysis and branding of jewelry and other products specified in the second paragraph of paragraph 1 of Article 11 of the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union, testing, analysis and branding of jewelry and other products;

b) in accordance with the legislation of the Member State:

examination of impressions of assay marks and nameplates;

examination of jewelry and other products;

control analyses of jewelry and other products and expertise in arbitration cases;

other events.

6. In addition to the grounds provided for conducting an audit in accordance with the legislation of the Member State, Inspections are carried out when, in accordance with article 12 of the Agreement on the Specifics of Operations with Precious Metals and Precious Stones in the Member States of the Eurasian Economic Union, the authorized body (organization) of one member State receives a request from the authorized body (organization) of another member State about violations of mandatory requirements for displaced persons to the territory of this other State.-manufacture of jewelry and other items.

President

Republic of Kazakhstan

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