The obligation to register with the Assay Office is provided for by Federal Law No. 41-FZ of March 26, 1998 “On Precious Metals and Precious Stones.”
Organizations and individual entrepreneurs are required to register for special registration within 30 calendar days from the date of their state registration or making appropriate changes to their constituent documents.
Responsibility of jewelry organizations in the event of failure to register with the State Assay Supervision Inspectorate of Moscow.
Failure to register in the register of organizations carrying out transactions with precious metals and stones is a violation of the rules for the circulation (sale) of precious metals and stones, which entails administrative liability provided for in Article 19.14 of the Code of Administrative Offenses of the Russian Federation with a maximum fine for organizations of 50,000 rubles and/ or criminal liability provided for in Article 191 of the Criminal Code of the Russian Federation, with a maximum penalty of imprisonment for up to 7 years.
Video about registration in the Instrument Chamber
Is there a need to perform the procedure in the Russian Federation?
At the moment, the government of our country has determined the voluntary confirmation procedure declared by the manufacturer-seller of the level of goods (Article 21, Federal Law No. 184), which relate to the field of jewelry (chains, watches, cufflinks, earrings, pendants, necklaces, hairpins, brooches and other accessories). They require obtaining a declaration of the GOST R or SGR type, based on the classification of a particular product.
Amendments to Law No. 982 dated December 1, 2009, previously included the above list of jewelry in the list of mandatory certification, however, new changes dated November 13, 2010 under number 906, introduced by the government of our country excluded jewelry products from this name.
What kind of decorations are these?
The type of product that has the right to be called jewelry always includes precious metals, alloys or stones.
If in the production process of such products not only natural but also artificial materials were used, then such product products still remain jewelry.
Items not included in the official list of jewelry industry products:
- Haberdashery.
- Coins for payment.
- Awards given by the state.
- Attributes related to objects of worship.
Do we receive paper for goods containing diamonds and other precious stones?
In the above-mentioned area of the jewelry industry, mandatory authentication is required only for diamonds that have not been cut and are in retail trade (Government Decree of the Russian Federation of January 19, 1998 No. 55); for processed diamonds there is no such condition.
Decree of the leadership of the Russian Federation dated April 5, 1999 No. 372 regulated the register of all forms of valuable metals , stones and products made from these raw materials, which must be declared.
Paying attention to the rather high cost of this kind of item, the seller’s best decision would still be to voluntarily decide on a gemological examination of his products.
Firstly, this procedure will expand the potential market for the sale of precious products. Secondly, among collectors who have a passion for expensive accessories, such a seller will gain enormous authority and trust.
Many aspiring entrepreneurs turn to us for advice
regarding opening your own jewelry brand, store, workshop, buying, repairing or other type of jewelry business.
In recent years, we can note the presence of a strong tendency towards the emergence in the jewelry business of novice specialists who are well versed in the design and manufacture of jewelry, their sale and repair, who work both through traditional jewelry stores or islands in shopping centers, various jewelry exhibitions, and and via the Internet, incl. through social networks (Instagram, Facebook, Vkontakte, etc.) or special trading platforms (for example, Wildberries).
The emergence of increasingly accessible and diverse ways of selling jewelry opens up ample opportunities for budding entrepreneurs for entrepreneurial self-realization and the development of their own jewelry business or brand.
However, in our practice, we often encounter a situation where a novice entrepreneur has thought through the design of jewelry, found manufacturers for it, a platform for selling jewelry, drawn up a business plan, etc., but he has not yet understood the issues of legal regulation of his activities. Meanwhile, jewelers need to focus on the legal issues of organizing a business, because... Jewelry is a special product, the sale and turnover of which is controlled by the state.
It is important for jewelers to know that their activities are regulated by the following basic laws:
— Federal Law of March 26, 1998 No. 41-FZ “On Precious Metals and Precious Stones”;
— Federal Law No. 115-FZ of August 7, 2001 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.”
In development of these laws, a huge number of various by-laws were adopted in our country.
In view of the numerous requests from beginning jewelers about what first and basic steps they need to take to legally run a jewelry business, we decided to give the main mandatory steps when organizing your own brand:
1. Register as an individual entrepreneur or register a legal entity. At the same time, to register, the jeweler must indicate the OKVED codes that he will actually be engaged in ( more about OKVED here
);
2. Find a non-residential premises in which jewelry activities will be carried out. Even if the jeweler plans to sell products only via the Internet, the presence of non-residential premises is required. Working with jewelry at home is prohibited.
3. Register for special registration
to the Federal Assay Chamber within 30 calendar days after the date of state registration of an individual entrepreneur, legal entity or after making changes to the constituent documents of an existing legal entity or individual entrepreneur related to the addition of jewelry OKVED.
To register with the Assay Office, a special registration card and an application are submitted. The address of the non-residential premises must be indicated in the special registration card, otherwise the Assay Chamber will refuse registration. From the second half of 2021, registration with the Assay Chamber will be possible through the state integrated information system in the field of control over the circulation of precious metals, precious stones and products made from them (GIIS DMDK).
A jeweler can begin to carry out his activities only after receiving a notification of special registration with the Assay Chamber.
4. By the time of registration with the Assay Office, develop instructions for recording and storing precious metals, stones, and jewelry made from them
– the most important practical document for every organization and entrepreneur in the jewelry sector, the presence and content of which is subsequently verified by the Federal Assay Office or the prosecutor’s office. When preparing this document, it is necessary to use the Order of the Ministry of Finance of Russia dated December 9, 2016 No. 231n “On approval of the Instructions on the procedure for recording and storing precious metals, precious stones, products made from them and maintaining records during their production, use and circulation.” This same regulatory document as a whole is essentially a handbook for every jeweler, which sets out the requirements for accounting, storage and reporting of precious metals, stones and jewelry;
5. On the day of registration with the Assay Office, by order of the manager or entrepreneur, appoint a special official responsible for combating the legalization (laundering) of proceeds from crime and the financing of terrorism (AML/CFT). Before being appointed to the specified position, the employee is required to undergo special training - targeted instruction on financial monitoring
in a specialized training center.
In addition, if the jewelry business is carried out in the form of a legal entity, the specified employee must have a higher economic or legal education or at least two years of experience in the field of AML/CFT. For jewelers registered as an individual entrepreneur, there are no requirements for a special official to have a higher economic or legal education or experience in the field of AML/CFT.
6. By the time of registration with the Assay Office, develop internal control rules for AML/CFT
– the most important document for representatives of the jewelry business, which describes the procedures and procedures associated with the implementation of the so-called “anti-money laundering” legislation: verification and identification of clients, training of employees, submission of reports to Rosfinmonitoring, storage of documents and information, and much more.
It is recommended to approve the internal control rules by order of the manager or individual entrepreneur on the day of registration with the Assay Chamber. Later, this document will need to be uploaded to your personal account on the Rosfinmonitoring website.
7. By the time of registration with the Assay Office, obtain an enhanced electronic digital signature
(needed for submitting reports to Rosfinmonitoring, as well as for working with GIIS DMDK);
8. After receiving documents on registration with the Assay Office, register your personal account on the Rosfinmonitoring website
, which will be needed to submit reports to this department and receive various information from it.
Forms for registering your personal account are located HERE
.
When registering a personal account on the Rosfinmonitoring website, you must indicate your account number in the Assay Office.
In addition, depending on the specifics of the jewelry business, other organizational steps may be required. So, for example, a manufacturer of jewelry will be required to register with the Federal Assay Office the name mark affixed to jewelry; organizations and entrepreneurs purchasing or processing precious metals will be required to obtain the appropriate license, etc.
Thus, a novice businessman in the jewelry industry must go through a thorny organizational path, and in a very short time.
Alas, it will not be enough for a jeweler to just fulfill the requirements of the law once: in future activities, he will be faced with numerous requirements for accounting and storage of precious metals, stones, jewelry, submission of various reports, compliance with AML/CFT legislation, hallmarking of jewelry, work in GIIS DMDK and much, much more. Compliance with complex legislation does not bring income to the jeweler; it is an expense, and sometimes a significant one.
However, without complying with the mandatory requirements, the jeweler’s activities will be outside the scope of the law, which can lead not only to thousands of fines, but even to criminal liability. Nevertheless, a novice jeweler should not be discouraged and afraid, because in the same complex legal field live thousands of other entrepreneurs in the jewelry industry who have gone through all these mandatory requirements, got used to them and are now quietly engaged in their favorite jewelry business and continue to develop their business.
We also remind you that our company’s specialists are ready to provide assistance at any stage of organizing a jewelry business, and then provide ongoing subscription service and management, incl. and on such a complex topic as financial monitoring.
expert on financial monitoring, editor-in-chief of the media “Bulletin of Financial Monitoring”, Ph.D. history Sciences, lawyer Pavel Smyslov
When using and quoting material, a link to the site is required!
* * *
Check out our many articles on financial monitoring and AML/CFT here:
List of our practical articles and publications on financial monitoring, AML/CFT, anti-money laundering legislation, 115-FZ and other related issues
* * *
Our services in the field of financial monitoring and AML/CFT:
— any documents and rules of internal control (IRAC for AML/CFT);
— training and instruction on financial monitoring;
— audit, subscriber services for AML/CFT;
— electronic signature and special software for financial monitoring;
— assistance during inspections;
- and much more.
More details HERE
.
Subscribe to the “Financial Monitoring Bulletin”
— the first free and regular news release in Russia in the field of financial monitoring:
We are in social networks:
Who has the right to provide services?
Legislative act numbered, approved by the Russian government on January 23, 2004, secures the rights to provide certification services in a full list of organizations, where the main criterion for the center issuing a document of authenticity is the presence of a license to authorize this type of activity.
Among the companies located in the Russian Federation, the most reputable ones include:
- Gemological laboratory of Moscow State University.
- State Assay Chamber.
- Gemological Center of Smolensk and Yakutia.
Famous large organizations abroad:
- Gemological Institute of America.
- Supreme Diamond Council of Antwerp.
- The largest research centers in Switzerland, Germany, Belgium.
Advantages of obtaining a jewelry license from us
The legal company “Vega Firm” has been providing licensing services for enterprises for more than 20 years. We will help you obtain a license to purchase and process precious items within up to 45 days without refusal.
Obtaining a jewelry license involves a lot of formalities and the need to prepare a package of documents in the correct form. The best way to save yourself from this hassle is to entrust the design to specialists.
We offer the following types of services:
- We conduct a preliminary expert assessment of your enterprise to determine whether its activities comply with the requirements of licensing legislation. If there are any comments or violations, we recommend effective ways to eliminate them;
- preparation of documents for licensing;
- selection of specialists necessary to meet the requirements of the licensing authority;
- preparation of appropriate premises and equipment;
- preparation and conclusion of necessary contracts;
- obtaining relevant conclusions;
- legal advice on all issues related to company licensing;
- submit an application for registration along with a package of documents to the Assay Supervision;
- will undertake interaction with representatives of the Assay Supervision Inspectorate in the process of document verification.
You choose the amount of assistance you need. For our part, we guarantee a professional solution to your issue.
What information does the document contain?
The authentication document contains the following information:
- The name of the examination carried out on the gemstone.
- The name of the center that carried out such an analysis, its registration number, address, telephone number, postal address on the Internet.
- Date of laboratory testing.
- Assigned certificate number.
- Cut shape in carats.
- Size indicated in millimeters.
- The weight of a diamond.
- Object proportions.
- Fluorescence.
- Classification data according to TU 117-4.2099-2002 and ISO TR.
- Drawing of the stone from above, below and in profile, indicating height, width, length.
- Conclusion of the examination.
- Signature and initials of the head of this center.
Sample certificate:
When a buyer comes across a diamond in whose certificate the phrase “Replacement cost” appears, followed by an amount in foreign currency, then you need to understand that this luxury item was a participant in a study of a foreign company and this document cannot be considered a full-fledged certificate, since in Russia it is recognized as just an expert opinion.
The certificate, which has passed an independent gemological test, proves the purity of the cut, the angle of refraction of light passing through the diamond, the carat volume and its origin.
A specialist will travel to a meeting, office, or home
This type of service is in addition to the ordered examination of documents for completeness and correctness, consultations
regarding
licensing
, etc.
It exists to promptly and efficiently resolve unforeseen client problems. Our specialists will quickly assess how to eliminate the difficulty that has arisen, advise and prepare all the necessary documents. The cost of the service
is calculated separately and depends on the specific case.
order the service
by phone or email.
Guide to action
In order to begin the compliance process for a certain type of jewelry, you will need to contact the certification center in your city. They usually post their addresses on their Internet pages. There you can also familiarize yourself with the center’s pricing policy. On average, prices vary from 3,000 rubles to 30,000-50,000 rubles, it all depends on the complexity of the product and the service package.
The application is submitted through the site itself online or in person by visiting the organization where certification processes are carried out.
The center employee will definitely inform you of the entire list of required documents:
- Application for certification.
- A copy of the manufacturer’s passport, when it comes to individual entrepreneurship, or the registration number of the factory where the jewelry was cast.
- Detailed characteristics of the product (type, color, material, etc.).
- The product itself or its tester for laboratory examination.
Certification stages:
- Signing an agreement between the center (gemmology laboratory) and the jeweler-entrepreneur.
- Research into the subject of the authenticity process. (type, number of fasteners, color, weight, etc.).
- Photography (each compliance document includes a high-quality image of the product).
- Discussion of the received data with the customer of the procedure.
- Recording of the received certificate in the general database of gemological checks, with an individual number.
The terms for issuing a finished document of authenticity range from 1 to 30 days. It all depends on the type of research object; the simplest goods are checked within 24 hours. You can receive your certificate at a certification institution or by mail, if the customer has left the relevant data.
Voluntary certification: why it is needed, design features and required documents
Obtaining a voluntary certificate is necessary for several reasons:
- A certified product has a competitive advantage and is more trusted.
- The document will allow us to develop international markets.
- And also participate in tenders and receive government orders.
In order for the process to start, you must submit an application to the relevant authorities, be sure to attach the following data:
- FULL NAME. applicant and manufacturer;
- product characteristics;
- Passport products;
- agreement for rent or ownership of production space;
- copies of OGRN and TIN, charter, extract from the register of OPF, State Statistics;
- Specifications and other standards according to which jewelry is manufactured;
- supply contracts.
The document can be issued for both the batch and the name of the product. The receiving procedure takes place in several stages :
- Selecting a certification scheme.
- Providing samples for testing.
- Analysis of results in the laboratory.
- Drawing up a test report and making a decision on issuing a certificate.
The document is drawn up on a special form with several degrees of protection. It displays the following information:
- details of the certification body, including certificate number;
- data of the applicant and manufacturer;
- full name of the product with code according to the Commodity Nomenclature of Foreign Economic Activity;
- regulatory and technical documentation, the compliance of which is confirmed;
- selected assessment scheme;
- details of the test report, production analysis report;
- validity period (no more than three years).
Get a free consultation
Is it necessary to register?
The jewelry seller himself will not have to do additional registration, since this service falls entirely on the shoulders of the certification body.
At the final stage of the study, to determine whether the product meets quality standards, a clause is written in which the research center undertakes to officially register the certificate issued by it in the Unified Register.
Thus, the actual writing to the general registry list is done by default.
