Import of precious metals and gemstones to the customs territory of the Eurasian economic Union

by Head of trade restrictions,

currency and export control

Sergey Shklyaev

Precious metals and gemstones 1

Federal law No 41-FZ dated March 26, 1998 on precious metals and gemstones

Gemstones

•natural diamonds•emerald•ruby•sapphire•alexandrite•uncut and cut natural pearl•unique amber formations

Precious metals

goldsilverplatinum platinum group metals

(palladium, iridium, rhodium, ruthenium and osmium)•

Legal framework for movement of precious metals and gemstones

2

Decision of the Board of the Eurasian Economic Commission No 134 dated August 16, 2012, on legal acts setting non-tariff regulation

Sections 2.9., 2.10.

Lists of precious metals and gemstones subject to control

Regulation on procedure of import and export of precious metals, gemstones and raw materials containing gemstones to or from the

Customs Union(Regulation)

Procedure of movement of precious metals (including jewelry) and gemstones

3

Paragraph 4 of the Regulation

Importers of precious metals and gemstones should be enabled and registered to carry out operations thereon and to be residents of the state of the Eurasian Economic Union, which they import the precious metals and gemstones to.

No licenses and quantity restrictions are set.

Paragraph 29 of the Regulation

Precious metals and gemstones which are imported to the customs territory of the Eurasian Economic Union are cleared at special customs posts under mandatory supervision of state controllers of the Ministry of Finance of Russia.

A state control certificate is issued after customs clearance.

State control enforcers:

- Assay chamber of Russia for precious metals (including jewelry),

- State Depositary for precious metals and gems for gemstones.

* List of special customs posts is approved by administrative order of the FCS of Russia № 971 dated May 11, 2011 on competence of customs bodies in customs clearance of precious metals and gemstones

List of special customs posts is approved by administrative order of the FCS of Russia

4

• Special customs post, Central excise customs• Smolnaya street 12, Moscow

• North-West excise customs post (special), Central excise customs• Kultury prospect 40, Saint-Petersburg

• Customs post Malachite (special), Yekaterinburg customs• Gogolya street 27, Yekaterinburg

• Smolensk excise customs post, Central excise customs• Zaozernaya street 35, Stabna village, Smolensk region

• Kaliningrad excise customs post, Central excise customs• Druzhba street 16b, Bagrationovsk, Kaliningrad region

Movement procedure for uncut natural diamonds 5

Paragraph 4 of the Regulation

When uncut natural diamonds are imported to the customs territory of the Eurasian Economic Union their carrier shall submit to customs bodies information on Kimberly process certificates for uncut diamonds.

If he is unable to submit such information or it the Kimberly process certificate is no more valid, the shipment of uncut diamond shall be prohibited to import to the Eurasian Economic Union, and diamonds shall be sent back to the country of export.

Paragraph 20 of the Decree of the President of the Russian Federation No 1137 dated September 20, 2010

Uncut natural diamonds imported to the Eurasian economic union shall be cleared at Special customs post in Moscow under mandatory supervision of the state controllers of the Ministry of Finance of Russia.

Jewelry for exhibition: import procedure 6

ATA Carnet as an option

Customs clearance at special customs posts

Mandatory state control by Assay chamber of Russia

Import of precious metals and gemstones to the customs territory of the Eurasian economic Union

by Head of trade restrictions,

currency and export control

Sergey Shklyaev