Law Regulating Trade and Industry of Precious Metals
Chapter One
Definitions
Article (1):
Definitions: The following words and expressions shall have the meanings assigned to each of them, unless the context otherwise requires.
Monetary Office: The Central Monetary and Payments Office.
Co-Chair: Co-Chairmanship of the Central Monetary and Payments Office .
Board of Directors: The Board of Directors of the Central Monetary and Payments Office.
Directorate of Precious Metals: It is the directorate responsible for organizing the mechanism of work, manufacturing, control and all matters related to the profession of precious metals, especially gold, within the areas of the Autonomous Administration in northern and eastern Syria.
Precious metals: are platinum, gold, silver and palladium.
Gold bullion: a homogeneous mixture of metals in which the proportion of gold is the majority, and they are in different forms cast, and of specific weight and purity in the standard specifications
Jewellery: They are gold, silver or platinum pieces that are worked or semi-worked on which manufacturing and shaping processes have been carried out to convert them from one form to another to obtain a jewelry (final product) or part of a jewelry.
Gemstones: They are stones extracted from the ground such as diamonds, emeralds and rubies, and natural pearls and coral are added to them.
Imitation stones: They are industrial products of glass or other made and formed to imitate the above-mentioned stones and include imitation pearls and corals.
Trader: Any natural or legal person licensed to practice the craft of buying and selling jewellery in accordance with the provisions of this Law.
Jeweler: Any natural or legal person licensed to practice the craft of manufacturing and trading in jewelry , and puts his registered trademark on gold, silver or platinum jewelry.
Headquarters: The operator, shop or establishment licensed to practice the profession.
Examiner (standard): A person who determines the calibers of gold, silver or platinum through special laboratory devices.
Stamp: A drawing (inscription) marked with jewellery and containing the stamp mark (signal) or caliber or both together and is a means of verifying the legal standard and a means of consumer protection.
Degree of purity : It is the ratio between the weight of the precious metal in the piece of jewelry and the total weight of the piece
Control: The persons in charge of inspection and inspection tours by the Directorate of Precious Metals.
License: Obtaining an official license to practice the trade and industry of precious metals
After completing all the conditions and papers specified by the Directorate of Precious Metals.
Legal caliber (identical caliber): An expression of the percentage of purity of the precious metal through recognized measurements as set forth in the provisions of this Law.
Calibration units: carat or arrow (carat = 41,66 shares).
Low carats: Starting after the end of the minimum prescribed for legal caliber according to each class and type of precious metals.
Chapter Two
Jewellery calibers
Article (2)
The legal calibers of jewellery according to their purity shall be as follows:
1- Gold jewelry:
A- Carat (24) carat, which is pure pure gold and contains (999.9) shares of gold or part of a thousand.
B – Carat ( 22) carats degree of purity 916 parts per thousand of gold metal.
- Carat (21) carats, which is gold jewelry containing (875) shares or part of a thousand.
C – Carat (18) carat, which is gold jewelry containing (750) shares or part of a thousand.
D- Carat (14) carat, which is gold jewelry containing (585) shares or parts of a thousand.
E – carat 12 carats purity 500 ppt of gold metal.
F – 9 carats purity degree 375 ppm of gold metal.
2- Silver jewelry:
A- Carat (100), which is pure silver and contains (1000) silver shares.
(b) Carat (90), which is silver jewellery containing (900) silver arrows.
C- Carat 80 degree purity 800 ppm of silver metal.
D – caliber 70 degree purity 700 parts per thousand of silver metal.
E – caliber 60 degree purity 600 parts per thousand of silver metal.
3- Platinum jewelry:
A- Carat (10) which is pure pure platinum and contains 1000 platinum shares.
(b) Caliber (6), which is platinum jewellery containing (600) shares or part of a thousand platinum.
4- Gold jewelry with platinum mounted
It shall be of any caliber mentioned in the first paragraph of this Article, provided that the percentage of pure platinum installed on one piece shall not be less than eight hundred shares.
The Directorate of Precious Metals has the right to accept calibers less than the calibers specified above, provided that they are not less than five shares of the approved calibers.
Chapter Three
Licensing and Cancellation of Licenses
Article (3):
licensing
- 1. It is not permissible to engage in trade or manufacture of precious metals and stones except after obtaining a license from the Directorate of Precious Metals at the Central Monetary and Payments Office in accordance with the provisions of this law.
- The conditions and requirements for licensing shall be determined by instructions issued by the Central Monetary and Payments Office.
Article (4):
Licensing Procedures
- The license application shall be submitted to the Directorate of Precious Metals according to the special form prepared for this purpose.
- The license application shall be accompanied by the documents specified by the Monetary Office in accordance with instructions in this regard.
- Any other requirements deemed necessary by the Directorate of Minerals.
4- The Directorate of Minerals shall issue its decision on the license submitted to it within a maximum period of sixty days following the date of submission of the application, whether by approval or disapproval, and the concerned party shall be notified of the decision, provided that it is justified in the event of rejection.
5- The Directorate of Precious Metals shall issue the final license after the applicant completes the required papers and after conducting the necessary sensory examination.
7- The license shall be renewed annually before the end of each year according to the instructions issued by the Monetary Office in this regard.
Article (5):
Waiver of License
- No person who has obtained a license in accordance with the provisions of this Law may assign the license to third parties except after the approval of the Directorate of Minerals.
- Any assignment of shares or shares shall be subject to the approval of the Directorate of Minerals.
Article (6):
License Cancellation
1- The Directorate of Precious Metals has the right to revoke the license in any of the following cases:
2- If it is proven that the license was given based on incorrect data.
- If one of the conditions under which the license was granted is lost.
- If the licensee repeatedly violates the provisions of this Law and the executive instructions issued by the Central Monetary and Payments Office.
- If the licensee does not commence work within one year from the date of obtaining the license.
6 . At the request of the licensee.
- If a final and final judicial judgment is issued by a competent court, the license shall be canceled.
Article (7):
Pause
- In the event of a desire to temporarily stop practicing his work, the licensee shall obtain approval from the Directorate of Precious Metals.
- The period approved for temporary suspension may not exceed one year.
Article (8):
Register of Practitioners of Trade and Industry of Precious Metals and Stones
A special register shall be established in the Directorate of Precious Metals in which the following data shall be recorded:
1- Commercial address and registration number in the Commercial Register.
2- The name of the license holder, his surname, age, place of residence , names of partners and their place of residence if it is a company.
3- Number and date of the license decision.
Chapter Four
Inspection and stamping of jewellery and alloys
Article (9):
Sale of jewellery
Jewellery may not be sold , displayed or possessed for the purpose of sale unless it is stamped by the Directorate of Precious Metals.
Article (10):
Examination of jewellery before stamping it
The Directorate of Precious Metals may not stamp jewellery unless it has been examined and ensured that it conforms to its real caliber among the caliber approved by the Directorate.
Article (11):
Stamping conditions
When submitting jewellery to the Directorate of Precious Metals for the purpose of stamping it, the following conditions shall be required:
1- The jewelry must be fully manufactured or partially manufactured.
2- It shall be attached to a decision of its owner or his representative indicating the caliber required to be stamped and matching it to its real caliber.
- The declaration may not contain more than one type of jewellery and be of one caliber only.
Article (12):
Recognized
The declaration submitted to jewellery consisting of several parts connected or fused to each other shall indicate that all parts thereof, including those used for welding, shall not be less than the caliber indicated in that declaration.
Article (13):
Variation of the caliber of the formulations of the declaration
If it is proved after examination that the caliber of the jewellery or some of them is less than the caliber indicated in the declaration, the jewellery shall be returned after breaking it.
Article (14):
Request for a Distinctive Mark Deed
The Directorate of Precious Metals may request from goldsmiths a distinctive mark for each of them on their jewelry, provided that this mark is registered with the Directorate.
Article (15):
Considering the stamp as an undertaking to conform the jewellery to the caliber
The sale of stamped jewellery in accordance with the provisions of this law shall be deemed an undertaking by the buyer by the merchant or jeweler that such jewellery is identical to the caliber stamped with it, and the Directorate of Precious Metals shall not be responsible for any act contrary to the provisions of this law.
Article (16):
Stamping and calibration fees
In the event of breaking jewellery that does not conform to the caliber required to be stamped delivered within the Directorate of Precious Metals, the Directorate shall collect the calibration fees only.
Article (17):
Bullion stamping
Ingots of precious metals may not be sold, offered, offered for sale or possessed for sale, unless they are numbered with numbers indicating the percentage of pure metal they contain in the millennial parts, accompanied by the seal of the stamping section of jewelry, another seal with the word gold and a third seal with a mark from the source of manufacture.
Article (18):
Request for Jewellery Inspection
Any other of the following items shall be submitted to the Jewellery Stamping Section for examination, provided that the request for examination shall be accompanied by a written declaration indicating the type of metal to be estimated:
1- Samples of precious metal ores.
2- Samples of precious metals mixed with the dust of the goldsmiths sweeper
3- Samples of gold leaf used as an adhesive shell in the manufacture of furniture and gilding books
4- Samples of gold liquid used in engraving on glass
The provider of any of these classes shall be given a certificate specifying the percentage of pure metal or metals in it.
Article (19):
The jeweler’s responsibility for his trademark
- The jeweler is responsible for the quality of the jewellery stamped with his trademark.
- The merchant shall be responsible for jewellery that does not bear a well-known trademark or bear a counterfeit trademark unless he provides the Directorate of Precious Metals with its source.
Article (20):
Imported Jewellery
All the provisions relating to other jewellery of the kind provided for in this Law shall apply to imported jewellery submitted for stamping.
Chapter Five
Inspection and control
Article (21):
Verifying the application of the provisions of the law
The employees of the Directorate of Precious Metals authorized to conduct inspection, detection, surveillance or take samples to verify the application of the provisions of this Law may enter any place to seize any jewellery or tools with the intention of examining, analyzing or seizing them in accordance with the rules if there is any reason to suspect that they are related to the commission of an offence contrary to the provisions of this Law. In addition to ensuring the validity of commitment to sales and purchase invoices.
Article (22):
Considering employees as judicial officers
The authorized employees of the Directorate of Precious Metals shall be considered judicial officers and shall report in accordance with this capacity, and all government agencies shall provide them with assistance to carry out the work of their functions.
Article (23):
Adjustment reports
The authorized employees of the Directorate of Precious Metals shall, when seizing any jewellery or tools in accordance with this Law, organize reports of seizures and places where they were found, provided that the merchant, jeweler or his representative or whoever is found in his possession signs the seizure report, and in the event that he refuses to sign, this shall be recorded in the report and a copy thereof shall be delivered to him.
Article (24):
Ensuring the correctness of the calibers of the seized jewellery
The Directorate of Precious Metals shall have the right to conduct the necessary tests it deems appropriate on any jewellery or tools seized to ensure the correctness of its calibre and may order their seizure.
Article (25):
Provision of facilities to authorized staff
Every trader, jeweler or jewellery holder shall provide all facilities to the employee authorized by the Directorate of Precious Metals who shall carry out the powers vested in him under the provisions of this Law.
Chapter VI
levies
Article (26):
License and License Renewal Fees
License and license renewal fees and any other fees shall be collected in accordance with instructions issued by the Central Monetary and Payments Office.
Article (27):
Test, calibration and stamping fees
– Fees for examination, calibration and stamping shall be collected in accordance with instructions issued by the Monetary Office.
Chapter VII
Other controls and requirements
Article (28):
Sale and purchase invoices
The merchant and the jeweler are obliged to use the sales and purchase invoices in detail and clearly, and they must include:
(Weight – item – caliber – date – price per gram – total price – fare in detail for each item separately)
Article (29):
Prohibited works
Shops selling gold jewellery are prohibited from displaying or possessing the following for the purpose of sale:
1- Traditional jewellery (jewellery made of base metals)
2- Jewellery of precious metals other than gold (jewellery made of silver and palladium) and plated with gold.
Article (30):
Industry fare in jewellery
- The Directorate of Precious Metals has the right to determine the wages of the industry and the amount of profit in the jewellery in accordance with decisions and circulars issued by it.
2- Obliging theshops to pay a price issued by the Director of Precious Metals.
3- Obliging shops to display prices inside the shop.
ARTICLE (31):
Adoption of another stamp
The Directorate of Precious Metals may issue a decision approving the stamp of one of the countries or any other official body.
ARTICLE (32):
Official and non-official bodies that use precious metals may seek the assistance of the Directorate of Precious Metals when purchasing the necessary such metals.
Chapter Eight: Penalties
Article (33)
A fine of not less than ($ 1000) thousand dollars and not more than ($ 5000) five thousand dollars or imprisonment for a period of not less than six months and not more than a year, or both penalties shall be imposed on anyone who practices the trade of soft metalsand their jewelry or precious stones without a license, and the penalty shall be doubled in the event of repetition.
Article (34)
A fine of not less than ($ 10,000) ten thousand dollars and not more than ($ 25,000) twenty-five thousand dollars or imprisonment for a period of not less than six months and not more than a year, or both penalties shall be imposed on anyone who manufactures metalsand jewelry without a license, and the penalty shall be doubled in the event of repetition.
ARTICLE (35):
A fine of not less than ($10,000) one thousand dollars and not more than ($25,000) five thousand dollars or imprisonment for a period of not less than six months and not more than a year, or both, shall be punished by a fine of not less than ($10,000) thousand dollars and not more than ($25,000) five thousand dollars, or imprisonment for a period of not less than six months and not more than one year, or both:
- Anyone who cheats or deceives in the type, weight or caliber of precious metals or items painted, inlaid or coated therein, or deceives or deceives in the type, class, weight or quality of precious stones.
- Any person who makes a modification to precious metals or their jewelry after stamping them that makes them not identical to the caliber stamped with them or deals with them.
- Anyone who sells, offers or acquires for the purpose of selling precious metal ingots or unstamped jewelry.
Article (36):
Without prejudice to any more severe penalty, stipulated in another law, anyone who forges the stamp approved by the Directorate of Minerals shall be punished by a fine of ($50,000) fifty thousand dollars and imprisonment for a period of not less than five years.
Article (37)
Whoever prevents or causes the prevention of the employees concerned with monitoring the implementation of this law, the executive instructions and the decisions issued by the Directorate of Precious Metals shall be punished by a fine of ($2000) two thousand dollars or imprisonment for a period of not less than three months and not more than six months, or both penalties.
ARTICLE (38):
Any violation other than the above mentioned in the provisions of this law shall be punished by a fine of ($ 1000) thousand US dollars to ($ 5000) five thousand US dollars.
Chapter IX: General and Final Provisions
ARTICLE (39):
Help
– The Monetary Office shall issue the executive instructions for this law within three months from the date of its issuance.
ARTICLE (40):
Compliance with the law
All practitioners of trade or manufacture of precious metals and stones shall settle their status in accordance with the provisions of this law within a period of three months from the date of issuance of the executive instructions.
ARTICLE (41):
Cancel Conflict
All previous decisions and provisions that conflict with the provisions of this Law shall be repealed from the date of entry into force of this Law.
ARTICLE (42):
Validity and Access:
This Law shall be effective from the date of its publication.
