Federal Law of March 26, 1998 No. 41-FZ “On Precious Metals and Precious Stones”
Storage of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation during the period of their use, including for exhibition purposes, is permitted in office and industrial buildings, structures and premises that are not federal property, provided that such facilities are equipped with engineering and technical means protection and safety, ensuring the safety of these values, in accordance with the legislation of the Russian Federation.
(paragraph introduced by Federal Law dated April 24, 2020 N 138-FZ)
The Regulations on the State Fund of Precious Metals and Precious Stones of the Russian Federation, which also determines the procedure for the formation of this fund, the release of valuables from it and the payment of valuables acquired and released from the specified fund (unless otherwise provided by Article 7 of this Federal Law), is approved by the Government of the Russian Federation.
(as amended by Federal Law dated May 2, 2015 N 111-FZ)
2. Decisions on the replenishment and expenditure of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation are made by the President of the Russian Federation and the Government of the Russian Federation.
3. The State Fund of Precious Metals and Precious Stones of the Russian Federation may be replenished from:
precious metals and precious stones purchased from subjects of the precious metals and precious stones market at the expense of the federal budget, including under supply contracts concluded by these subjects with organizations engaged in refining precious metals;
unique nuggets of precious metals and unique precious stones purchased from entities mining precious metals and precious stones at the expense of the federal budget;
precious metals and precious stones, products made from them and scrap of such products forcibly confiscated in accordance with the procedure established by law;
purchased from legal entities, individual entrepreneurs or citizens who are not individual entrepreneurs, jewelry and other products made of precious metals and (or) precious stones that have historical, artistic or other cultural significance;
(as amended by Federal Law dated May 2, 2015 N 111-FZ)
the paragraph is no longer valid. — Federal Law dated May 2, 2015 N 111-FZ;
scrap and waste of precious metals and precious stones;
treasures of precious metals and precious stones, products made from them and scrap of such products;
ownerless precious metals and precious stones, products made from them and scrap of such products;
precious metals and precious stones, products made from them and scrap of such products, transferred to the state by right of inheritance and gift;
state awards of the former USSR made from precious metals and precious stones, intended for issuance in the prescribed manner to awarded persons (legal representatives of awarded persons) or subject to state storage in accordance with the legislation of the Russian Federation on state awards;
gifts made of precious metals and precious stones received by citizens of the Russian Federation in connection with government activities;
precious metals and precious stones, as well as products made from them, included in the State Fund of Precious Metals and Precious Stones of the Russian Federation on other grounds established by the legislation of the Russian Federation.
3.1. Forcibly seized in accordance with the established procedure, ownerless, transferred to the state by right of inheritance or on the basis of a gift agreement, or received on other grounds established by the legislation of the Russian Federation, raw materials, alloys, semi-finished products, products (products), chemical compounds, scrap and production and consumption waste are included in the State fund of precious metals and precious stones of the Russian Federation, provided that it contains at least ten percent of precious metals.
(clause 3.1 introduced by Federal Law dated 02.05.2015 N 111-FZ)
4. The acquisition of precious stones for the State Fund of Precious Metals and Precious Stones of the Russian Federation is carried out in sorted form, with the exception of certain cases provided for by the legislation of the Russian Federation.
The paragraph is no longer valid. — Federal Law dated May 2, 2015 N 111-FZ.
4.1. The authorized federal executive body organizes the accounting, storage, restoration of valuables of the State Fund of Precious Metals and Precious Stones of the Russian Federation and the implementation of other operations with such valuables.
(clause 4.1 introduced by Federal Law dated 02.05.2015 N 111-FZ)
5. Funds allocated for the acquisition of valuables to the State Fund of Precious Metals and Precious Stones of the Russian Federation are subject to inclusion in the sources of financing the federal budget deficit in accordance with the budget legislation of the Russian Federation.
(as amended by Federal Law dated May 2, 2015 N 111-FZ)
6. The authorized federal executive body submits to the President of the Russian Federation and the Government of the Russian Federation a report on the replenishment and expenditure for the financial year of the assets of the State Fund of Precious Metals and Precious Stones of the Russian Federation in the form established by the Government of the Russian Federation. Simultaneously with the report on the execution of the federal budget, the Government of the Russian Federation submits to the State Duma of the Federal Assembly of the Russian Federation a report on the replenishment and expenditure for the financial year of the values of the State Fund of Precious Metals and Precious Stones of the Russian Federation and generalized indicators characterizing the general condition of the State Fund of Precious Metals and Precious Stones Russian Federation.
(as amended by Federal Laws dated 02.05.2015 N 111-FZ, dated 01.05.2019 N 80-FZ)
Federal Law of March 26, 1998 No. 41-FZ
RUSSIAN FEDERATION
THE FEDERAL LAW
About precious metals and precious stones
Adopted by the State Duma on March 4, 1998
Approved by the Federation Council on March 12, 1998
(As amended by federal laws dated 31.03.1999 No. 66-FZ, dated 10.01.2002 No. 5-FZ, dated 10.01.2003 No. 15-FZ, dated 02.11.2004 No. 127-FZ, dated 05.09.2005 No. 45-FZ, dated July 18, 2005 No. 90-FZ, dated July 24, 2007 No. 214-FZ, dated December 8, 2010 No. 336-FZ, dated July 19, 2011 No. 248-FZ, dated November 21, 2011 No. 327-FZ, dated May 2, 2015 No. 111-FZ, dated July 3, 2016 No. 288-FZ, dated July 18, 2017 No. 176-FZ, dated July 26, 2017 No. 212-FZ, dated May 23, 2018 No. 121-FZ, dated May 1, 2019 No. 80-FZ, dated 06/06/2019 No. 124-FZ, dated 07/26/2019 No. 249-FZ, dated 08/02/2019 No. 282-FZ, dated 12/02/2019 No. 414-FZ, dated 04/24/2020 No. 138-FZ, dated 06/23/2020 No. 188 -FZ, dated June 11, 2021 No. 170-FZ)
This Federal Law establishes the legal basis for regulating relations arising in the field of geological study and exploration of deposits of precious metals and precious stones, their extraction, production, use and circulation (civil circulation), including:
establishes the scope of the state monopoly;
establishes the goals, principles and features of state regulation of the activities of legal entities and individuals;
establishes the powers of state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;
determines the conditions for the functioning of the market for precious metals and precious stones on the territory of the Russian Federation;
determines the status of the State Fund of Precious Metals and Precious Stones of the Russian Federation, the gold reserves of the Russian Federation, state funds of precious metals and precious stones of the constituent entities of the Russian Federation; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
determines the goals, types, forms of state control (supervision) over the production, use and circulation of precious metals, as well as over the extraction (in terms of sorting, primary classification and primary evaluation of precious stones), use and circulation of precious stones, the procedure for its organization and implementation. (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
Legislative (representative) bodies of the constituent entities of the Russian Federation have the right to adopt, in accordance with this Federal Law, laws and other regulatory legal acts on issues of state regulation of relations in the field of geological study and exploration of deposits of precious metals and precious stones, their mining. (As amended by Federal Law No. 90-FZ dated July 18, 2005)
The procedure for transactions by citizens who are not individual entrepreneurs with jewelry and other products made of precious metals and (or) precious stones owned by citizens (private property) is not subject to regulation by this Federal Law. (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
CHAPTER I. General provisions
Article 1. Basic concepts
This Federal Law uses the following basic concepts:
precious metals - gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium and osmium). Precious metals can be in any condition, form, including native and refined form, as well as in raw materials, alloys, semi-finished products, industrial products, chemical compounds, jewelry and other products, coins, scrap and industrial and consumer waste; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
precious stones - natural diamonds, emeralds, rubies, sapphires and alexandrites, as well as natural pearls in raw (natural) and processed form. Unique amber formations are equated to precious stones in the manner established by the Government of the Russian Federation. Materials of artificial origin that have the characteristics (properties) of precious stones are not considered precious stones; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
valuables - precious metals and (or) precious stones;
mining of precious metals - extraction of precious metals from primary (ore), alluvial and technogenic deposits with the production of concentrates and other intermediate products containing precious metals;
mining of precious stones - extraction of precious stones from primary, placer and technogenic deposits, as well as sorting, primary classification and initial evaluation of precious stones;
sorting and primary classification of precious stones is the final part of the enrichment process, which allows, on the basis of approved collections of standard samples and classifiers, to isolate precious stones from extracted mineral raw materials, and also to divide them into separate grades that correspond to those accepted on the world market;
primary assessment of precious stones - the final part of the beneficiation process, ensuring the assessment of precious stones on the basis of price lists for precious stones, developed and approved by the federal executive body, which carries out the functions of developing state policy and legal regulation in the field of production, processing and circulation of precious stones metals and precious stones (hereinafter referred to as the authorized federal executive body), in the manner established by it, taking into account the prices used to evaluate similar types of mineral raw materials on the world market; (As amended by Federal Law No. 414-FZ dated December 2, 2019)
production of precious metals - extraction of precious metals from extracted complex ores, concentrates and other intermediate products containing precious metals, as well as from scrap and waste containing precious metals; refining of precious metals;
Precious metals refining is an activity carried out by specialized organizations included in the list approved by the Government of the Russian Federation (hereinafter referred to as refining organizations) to purify extracted precious metals from impurities and associated chemical elements to increase the precious metal content: (As amended by the Federal Law dated May 2, 2015 No. 111-FZ)
in refined gold, per 1 thousand parts by mass of the precious metal alloy there are at least 995 parts by mass of chemically pure precious metal; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
in refined silver, platinum, palladium, rhodium, ruthenium, osmium, per 1 thousand parts by mass of the precious metal alloy, at least 999 parts by mass of chemically pure precious metal; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
in refined iridium, per 1 thousand parts by mass of the precious metal alloy there are at least 998 parts by mass of chemically pure precious metal; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
recovery of precious stones - extraction of precious stones from tools and other technical products used or taken out of service for other reasons, as well as from waste containing precious stones, with subsequent bringing (cleaning) to a quality that meets the technical specifications or classifier of precious stones; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
use of precious metals and precious stones - the use of precious metals and precious stones for production, scientific and socio-cultural purposes;
special accounting - maintaining a register of organizations and individual entrepreneurs carrying out transactions with precious metals and precious stones, which does not imply charging a fee for including these organizations and individual entrepreneurs in this register;
operations with precious metals and precious stones:
actions expressed in the transfer of ownership and other property rights to precious metals and precious stones (circulation of precious metals and precious stones), including their use as collateral;
change in the physical state or content of precious metals and precious stones in any substances and materials during mining, production of precious metals, mining of precious stones, subsequent processing (processing) and use of precious metals and precious stones; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
movement of precious metals and precious stones and products made from them, including transportation of precious metals and precious stones and products from them to storage areas, funds and reserves, as well as storage and display of precious metals and precious stones; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
import of precious metals and precious stones, as well as products made from them into the Russian Federation and their export from the Russian Federation; (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
jewelry and other products made of precious metals and (or) precious stones - products made from precious metals and their alloys and having fineness not lower than the minimum fineness established by the Government of the Russian Federation, including those made using various types of decorative processing, with inserts from precious stones, other materials of natural or artificial origin or without them, with the exception of coins that have been issued, and state awards, the statute of which is determined in accordance with the legislation of the Russian Federation (hereinafter also referred to as jewelry and other products made of precious metals), or products made from materials of natural or artificial origin using various types of decorative processing, with inserts of precious stones; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
name mark - a manufacturer's mark, the imprint of which is placed by a legal entity or individual entrepreneur or, at their request, by the federal executive body exercising functions of state control (supervision) over the production, use and circulation of precious metals, over the use and circulation of precious stones, with the exception of functions on control over the import into the Russian Federation from states not included in the Eurasian Economic Union, and export from the Russian Federation to states not included in the Eurasian Economic Union, of precious stones (hereinafter referred to as the federal executive body exercising the functions of state control (supervision), for jewelry and other products made of precious metals by them and contains in encrypted form information about its manufacturer; (Paragraph introduced - Federal Law dated 05/02/2015 No. 111-FZ) (As amended by Federal Law dated 04/24/2020 No. 138-FZ)
sample - the number of mass fractions of chemically pure precious metal per 1 thousand mass fractions of the precious metal alloy; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
state hallmark - a sign of an established form, which is placed by the federal executive body exercising the functions of state control (supervision) on jewelry and other products made of precious metals and certifies their sample; (Paragraph introduced - Federal Law dated 05/02/2015 No. 111-FZ) (As amended by Federal Law dated 04/24/2020 No. 138-FZ)
hallmarking - placing an imprint of the state hallmark on jewelry and other items made of precious metals; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
testing - determination or confirmation of the sample of jewelry and other products made of precious metals; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
analysis - determination of the chemical composition of the metal and its alloy from which the product is made, including through the use of methods that involve the destruction of this product; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
scrap and waste of precious metals - products (products) used for the extraction of precious metals and which have lost their consumer and (or) functional properties, defects arising during the production of products (products) containing precious metal, as well as remnants of raw materials, materials, semi-finished products , other items (products) used for the extraction of precious metals and formed during the production process; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
processing (processing) of scrap and waste of precious metals - extraction of precious metals using mechanical, chemical and metallurgical processes from scrap and waste of precious metals to obtain an intermediate product of metallurgical production intended for subsequent refining, except for cases established by this Federal Law; (Paragraph introduced - Federal Law dated 02.05.2015 No. 111-FZ)
state integrated information system in the field of control over the circulation of precious metals, precious stones and products made from them at all stages of this circulation (hereinafter also referred to as GIIS DMDK) - a federal state information system designed to receive, process, store and provide information about the origin and circulation of precious metals, precious stones and products made from them, as well as for organizing special accounting; (Paragraph introduced - Federal Law dated June 23, 2020 No. 188-FZ)
means of identification of precious metals, precious stones - a unique sequence of symbols in machine-readable form, presented in the form of a bar code or using another means (technology) of automatic identification, designed to ensure traceability (accounting) of precious metals, precious stones and products made from them during their circulation . (Paragraph introduced - Federal Law dated June 23, 2020 No. 188-FZ)
Article 2. Ownership rights to precious metals and precious stones
1. Issues of ownership, use and disposal of subsoil plots containing precious metals and precious stones are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.
The division between the Russian Federation and the constituent entities of the Russian Federation of ownership of these objects is carried out in accordance with the Constitution of the Russian Federation and the Law of the Russian Federation “On Subsoil”, this Federal Law, and other federal laws governing the use of subsoil.
2. The Russian Federation has sovereign rights and exercises jurisdiction over subsoil areas of the continental shelf of the Russian Federation containing precious metals and precious stones, in accordance with the Constitution of the Russian Federation, the legislation of the Russian Federation on the continental shelf, the legislation of the Russian Federation on subsoil, this Federal Law, international treaties of the Russian Federation and generally recognized principles and norms of international law.
3. Entities mining precious metals and precious stones, specified in Article 4 of this Federal Law, may receive subsoil plots containing precious metals and precious stones for use on the basis of licenses issued in accordance with the legislation of the Russian Federation on subsoil resources for the extraction of precious metals and precious stones. stones
4. Precious metals and precious stones extracted from the subsoil, as well as other products and income legally received during the extraction of precious metals and precious stones, are the property of the subjects of extraction of precious metals and precious stones, unless otherwise established by licenses for their extraction, supply contracts, including contracts for the supply of products for federal needs, concluded with the participation of these entities, as well as international treaties of the Russian Federation.
The owner of illegally mined precious metals and precious stones is the Russian Federation.
5. Refined precious metals in standard form, as well as precious stones extracted from the subsoil in sorted form, when sold by subjects of their mining and production, are offered as a priority: (As amended by Federal Law No. 111-FZ dated 02.05.2015)
1) to the authorized federal executive body to replenish the State Fund of Precious Metals and Precious Stones of the Russian Federation; (As amended by Federal Law No. 414-FZ dated December 2, 2019)
2) authorized executive authorities of the constituent entities of the Russian Federation, in whose territories these precious metals and precious stones were mined, to replenish the corresponding state funds of precious metals and precious stones of the constituent entities of the Russian Federation.
The bodies listed in subparagraphs 1 and 2 of this paragraph shall enjoy the pre-emptive right to purchase precious metals and precious stones only under the conditions of notification of the intention to purchase them and conclude purchase and sale agreements sent in writing within no more than a month from the date of offer of precious metals and precious stones precious metals and precious stones with the subjects of their extraction and production and advance (issuance of a deposit) towards payments due from these bodies under these agreements. Failure by one or both parties to comply with the terms of the concluded contract for the purchase and sale of precious metals and precious stones entails the consequences established by Article 21 of this Federal Law and Part One of the Civil Code of the Russian Federation. (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
6. Precious metals and precious stones acquired in the manner established by the legislation of the Russian Federation may be in federal property, the property of constituent entities of the Russian Federation, municipal property, as well as in the property of legal entities and individuals. Owners of precious metals and precious stones exercise their right of ownership of precious metals and precious stones in accordance with this Federal Law, the Civil Code of the Russian Federation, and for the precious stones specified in paragraph 3 of Article 22 of this Federal Law, in accordance with the Civil Code of the Russian Federation and federal legislation without restrictions established by this Federal Law. (As amended by Federal Law No. 90-FZ dated July 18, 2005)
The Russian Federation and the constituent entities of the Russian Federation have the preemptive right to conclude agreements on the acquisition of ownership of mined and produced precious metals and mined precious stones with the subjects of their mining and production in order to replenish the State Fund of Precious Metals and Precious Stones of the Russian Federation, the gold reserves of the Russian Federation, state funds of precious metals and precious stones of the constituent entities of the Russian Federation. (As amended by Federal Law dated May 2, 2015 No. 111-FZ)
Article 3.
(Repealed - Federal Law dated May 2, 2015 No. 111-FZ)
Article 4. Subjects of mining and production of precious metals, subjects of mining of precious stones
(Name as amended by Federal Law dated May 2, 2015 No. 111-FZ)
1. Extraction of precious metals and extraction of precious stones may be carried out exclusively by organizations that have received special permits (licenses) in the manner established by this Federal Law and other federal laws. (As amended by Federal Law No. 15-FZ dated January 10, 2003)
2. The Russian Federation, constituent entities of the Russian Federation and organizations created without the participation (direct or indirect) of foreign citizens, stateless persons and foreign legal entities must
