mc_gov_sa · law · processed · 23 chunks
[Non-Text] وزاره التجاره Ministry of Commerce VISION d 2013 23:30 العربيه المعريه السعوديه Kingdom of Saudi Arabia Precious Metals & Gemstones Law Article 1: The Ministry of Commerce supervises and controls the trade and industry of precious metals, their artifacts, the items plated, painted and inlaid with them and the gemstones. The Ministry shall undertake the following: a. Examination, analysis, hallmarking and supervision of the precious metals and items plated, painted and inlaid with them in addition to the products in which precious metals and gemstones are used. b. Analysis and numbering of unprocessed precious metals, their alloy or bullions and hallmarking them with the Kingdom stamp. c. Examination and control of precious gemstones and determination of the types on which this Law is applicable. d. Identification of regular carats of the precious metals purity degree. e. Identification of form and descriptions of Kingdom stamp which is used to hallmark precious metals and artifacts. f. Identification of types of all jeweled artifacts or part of them including the precious metals excluded from the provisions of this Law. g. Determination of fees which are paid for examination, analysis, hallmarking and certificates issuance. h. Identification of the conditions and procedures of hallmarking, examination and analysis of the items which are subject to the provisions of this law. i. Identification of conditions required for practicing the trade and industry of the items subject to the provisions of this law. Article 2: Without prejudice to the provisions of any other laws, it's not permissible to practice the trade and industry of precious metals and gemstones except after obtaining a license from the Ministry of Commerce. Article 3: Selling, displaying or possessing- with intent to sell - of items plated with precious metals or the items which are less than the minimum regular carat is prohibited except in accordance with the instructions issued by a decision of the Minister of Commerce. Article 4: Selling, displaying or possessing- with intent to sell - of bullions and artifacts of precious metals is prohibited unless they are hallmarked with the kingdom stamp. Article 5: The competent authorities of customs or post, after notifying the concerned person, shall send the packages containing bullions or artifacts of precious metals and other items which are subject to the provisions of this Law and imported from abroad for commercial purposes to the competent authority in the Ministry of Commerce to be examined, analyzed and hallmarked with the Kingdom stamp or to ensure they are hallmarked with a recognized stamp. Article 6: Bullions and artifacts of precious metals shall be submitted to the competent authority in the Ministry of Commerce to be examined and hallmarked according to the regular carats. If they appear to be less than the minimum regular carat, they shall be broken and sent back to their owner who, in all cases, may re-export them to their source if they are imported. +966 11 294 4444 | Riyadh 11162 الرياض المكله العربيه السعوديه @ SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 1 [Non-Text] وزاره التجاره Ministry of Commerce VISION 2330 دولیک اعلان سدول KINGDOM OF SAUDI ARABIA Article 7: It is not permissible to make any change on the bullions or artifacts of precious metals after being hallmarked by the Ministry of Commerce to be prepared for sale unless required by industrial necessities and according to the instructions issued by the Ministry. Article 8: It is prohibited to sell artifacts of precious metals and plated, painted and inlaid items, or to display them for sale or possess them with intent to sell unless they are hallmarked as follows: a. The precious metals artifacts shall be hallmarked according to their carat with one of the regular carats determined by the Ministry of Commerce. b. The inlaid and painted items shall be hallmarked by a number that shows the percentage of contained pure precious metal associated with a statement of quality. c. The plated items shall be hallmarked with the word "plated". In case that the size of painted or inlaid items does not allow hallmarking as mentioned, each piece shall be labeled with a card indicating the mentioned data plus the shop owner name written in Arabic. Article 9: The Ministry of Commerce may issue a resolution to approve the hallmark of other countries. Article 10: The Ministry of Commerce may compel owners of precious metals workshops to use hallmark symbols, to be registered at the Ministry, to distinguish their artifacts. Article 11: It's prohibited to sell, display for sale or possess for selling purposes precious metals unless accompanied with a written statement by the concerned person indicating the stone name, class, weight, level of quality in terms of purity degree, properties and safety from breakage, scratches and identifying any other defects. Article 12: The exhibitions of precious metals and gemstones artifacts and other items which are subject to this Law may be held by virtue of a temporary permit from the Minister of Commerce pursuant to the conditions and procedures determined by the Ministry in agreement with the Ministry of Finance. Exhibited articles may be exempted from hallmarking and other procedures stipulated in this Law if they are intended for display only. Article 13: The Minister of Commerce shall appoint the competent officials to supervise the execution of the provisions and regulations of the Law. They shall have the right to access and inspect stores, warehouses and all places where the items subject to this Law are kept. They may take samples to be examined and tested. They shall also detect violations and prepare required reports, in line with the procedures determined by the Implementing Regulation. Article 14: To be punished with imprisonment for a period of not more than two years and/or a fine not exceeding four hundred thousand SAR: a. Anyone who commits a fraud or deception in the quality, weight or carat of the precious metals or items plated, inlaid or painted therewith, or in the kind, class, weight or quality level of gemstones. +966 11 294 4444 | Riyadh 11162 لارياض @ SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 2 [Non-Text] وزاره التجاره Ministry of Commerce VISION 2010 23:30 دوله اعلوم السعودي KINGDOM OF SAUDI ARABIA b. Anyone who makes modifications in the precious metals or artifacts after being hallmarked so that they become non-conforming to the carat they are hallmarked with or anyone knowingly deals with the same. c. Anyone who sells, displays or possesses for selling purposes bullions of precious metals or artifacts which are not hallmarked with the regular stamp. violators may be punished by license suspension or shop closure for a period not exceeding three years in case of committing any of the above mentioned violations for a second time in five years from the date of issuing the final judgment of the first violation. Article 15: Anyone who practices the trade and industry of precious metals and gemstones or artifacts without a license shall be punished with imprisonment for a period not exceeding six months and/or a fine of no more than ninety thousand SAR. Article 16: Anyone who prevents or causes to prevent the competent officials in charge of observing the execution of this Law and its regulations from assuming their duties, shall be punished with imprisonment for a period not exceeding two months and/or a fine of not more than thirty thousand SAR. Article 17: Anyone who commits anther violation to the provisions and regulations of this Law shall be punished with a fine not exceeding 200 thousand SAR. Article 18: The imposition of penalties stipulated in this Law shall prejudice neither any punishment imposed by other laws nor the victim's right to obtain the compensation. Article 19: The punishment decision may include the publication of its summary at the expense of the violator in a local newspaper, or in any other appropriate manner, depending on the type of offense committed, its severity and its impact on society, provided that the publication of the decision to be after it has been fortified by the prescribed period or supported by the competent court. Article 20: The violations of this Law and its regulations shall be settled by a committee formed pursuant to a decision by the Minister of Commerce and consists of three members including a legal or regular adviser. It is permissible to appeal against the committee decisions before the Board of Grievances within a period not exceeding 60 days starting from the date on which the convict is informed of the punishment decision. Article 21: The Minister of Commerce shall issue the regulations and decisions required for executing the provisions of this Law including a regulation that identifies the types of precious metals & gemstones subject to this Law. Article 22: This Law shall repeal the Law of Goldsmiths issued by the Lofty Decree NO 8117 dated 28/06/1360AH and any other conflicting provisions. This law shall come into force ninety days from the date of publishing its Implementing Regulations in the Official Gazette. +966 11 294 4444 | Riyadh 11162 @ SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa 3