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Cabinet Resolution Concerning the Executive Regulations of Federal Law Controlling the Trade in and Stamping of Precious Stones and Metals

The last update on this law was listed on 30 Sep 2018

Related legislations

Issued Date

30 Sep 2018

Official Gazette Date

15 Oct 2018

Official Gazette No

639

Legislation State

Active

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Article (1) Definitions

In application of the Provisions of this Resolution, the following words and phrases shall have the meanings assigned to them, unless the context indicates otherwise: 
UAE: Means the United Arab Emirates;
ESMA: Emirates Authority for Standardisation and Metrology
Competent Authority: Local Authority competent to apply provisions of this Resolution.
Committee: Committee of controlling the trade in precious stones and metals.
Stamping: Tagging the precious metal to indicate its type and its legal carat or purity rank.
Official Stamp: The stamp approved in State by the Authority.
Foreign Stamp: The foreign stamp recognised by the Authority.
Registered Agency: The government, local or foreign agency registered with the Authority.
Approved Agency: The agency fulfilling the requirements of the National Accreditation System in accordance with Law of Setting up of Emirates Specifications and Standards Authority.
Stamping Agency: The agency approved or registered with the Authority for tagging the precious metals with the official stamp
The Agency Granting the Certifications: The agency approved or registered with the Authority to grant certifications in the field of precious metal and stones
Precious Metals: Gold, silver and platinum and its set, they shall be either in the form of processed or non-processed items.
Precious Stones: The natural gemstones, organic or inorganic, manufactured gemstones and Semi-precious stones specified in Annex No. (2) attached to this Resolution. 
Processed Items: Each piece manufactured in whole or in part from a precious metal that the purity rank therein is not less than the rank specified in this Resolution. It shall also include the bullions, medals and currencies globally circulated, the ones that no longer have a legal tender or the ones that have a historical value.
Non-Processed Items: The non-manufactured precious metal bullions. 
Low-Carat Items or Low-Purity Items: Each piece of a precious metal that the purity rank therein is less than the rank specified in this Resolution.
Inlaid items: Each piece of a precious metal or other inlaid with precious metal or stones.
Coated Items: Each piece of a precious or non-precious metal coated with a precious metal.
Legal Carats: The numbers indicating the percentage of the pure precious metal in the processed and non-processed items. They shall also mean the number of portions or fractions in the weight of the pure precious metal per each mill from the weight of these items which are specified in this Law.
Fraction: One portion per mill (1/1000). 
Carat: A measurement unit to weight the precious stones; one carat shall be equal to 200 milligrams (1/5 gram). 
Certificate: The document issued by the approved or registered agency, which contains the identification data of the precious stones, jewellery items or metals and for the resolutions issued to apply provisions of this Resolution.
Label: The card labelled, affixed or attached to the precious stones, a jewellery item or the precious artefacts metals that are difficult to be stamped, which contain the identification data of these stones and metals according to the international approved standards.
Product: The precious stones and metals, processed and non-processed, that are circulated.
Provider: The party responsible for issuing the product in the sale outlets using all means, including the electronic means. Such party shall be subject to provisions of this Resolution and shall include the manufacturer, liquidator, seller, importer, agent, collector, sub-distributor or the commercial or legal representative. 
Issuance: Any operation made on the product targeting its sale, rent, presentation or provision to the consumer or the possession of the product in order to conduct any operation therefrom, in return for payment or free of charge.
The Law: Federal Law No. 11 of 2015 Controlling the trade in and stamping of precious stones and metals.
 

Article (2)

Everyone issues any precious metal shall be committed to the legal carats specified in Article (2) of the Law and Annex No. (1) attached to this Resolution.

Article (3)

1. Platinum and Palladium metals shall form the platinum set and the legal carats for the artefacts of the licensed platinum set shall be in accordance with provisions of Article (2) and Article (3) of this Law, as stated in Annex No. (1) attached to this Resolution.
2. Products of diamond, pearl, natural gemstones and manufactured gemstones whose names, classes and particulars stated in Annex (2) attached to this Resolution shall be deemed precious stones and shall subject to provisions of the Law and this Resolution.
 

Article (4)

The provider shall be prohibited to sell, or offer to sell, the processed items or possess them with intent to sell in any of the sale manners unless have any of the following:
1. They shall be stamped with the official stamp as determined by Annex No. (3) or attached to a label; if their size does not allow for stamping, according to the measurements approved for the stamping dimensions specified in Annex (3) attached to this Resolution, a label shall be attached thereto.
2. They shall be stamped with the foreign stamp.
3. The processed items containing precious stones shall be accompanied by certificates special for these stones if their weights are equal or exceeding the weights specified in Article (7) of this Resolution.
4. The labels referred to in this Article shall be clear and may not be removed, as well as, they shall be made of a durable and long-term material, they also shall include the data shown in the mentioned tables.
5. The Authority shall specify the mechanism of affixing, stamping and using the official stamp and the label on the processed items.

Article (5)

1. It is not permissible to export the precious metals, whether processed or non-processed, and precious stones unless accompanied by a certificate of origin or the export label, as determined in Annex No. (5) attached to this Resolution.
2. The label referred to in this Article requires to be clear and installed so that it may not be removed, as well as, it shall be made of a durable and long-term material, it also shall include the data specified in the Annex No. (5) mentioned.
3. The export label referred to in this Article shall be allocated to the products prepared for exportation and may not be issued in the State.
4. If the precious metals and stones referred to in this Article which are accompanied by the certificates issued from government agencies contain the data referred to in this Article and these certificates are accepted by the Authority, these certificates, in this case, may be sufficient and replace the export certificate referred to in this Resolution.

Article (6)

1. The official stamp shall include the following elements:

a. The trademark of the precious metal used as an official stamp as determined by Annex No. (3) attached to this Resolution. 
b. The mark of the carat or purity rank of the precious metal in accordance with the legal carats specified in the Law and Annex No. (1) attached to this Resolution.
c. The distinctive form approved by the Authority which indicates the stamping agency as determined by Annex No. (3) attached to this Resolution.

2. The approved standard specifications and manuals whose titles and numbers stated in Annex No. (6) attached to this Resolution shall specify the methods of testing, examination and sampling used in measuring and determining the purity and carat rank of the artefacts and bullions of precious metals.

Article (7)

1. The precious stones shall be accompanied by a certificate including the data specified in Annex No. (7) attached to this Resolution, according to the following:

a. One polished diamond piece if the weight of the one piece is equal to or exceeding (0.30) carat.
b. One piece of the precious stones (coloured) if the weight of the one piece is equal to or exceeding (1) carat. 
c. One seed pearl if the measurement of the one seed id equal to or exceeding (3) mm.

2. The processed item shall be accompanied by a certificate if containing any of the following: 

a. One or more polished diamond pieces if the weight of the one piece is equal to or exceeding (0.5) carat. 
b. One piece or more of the precious stones (coloured) if the weight of the one piece is equal to or exceeding (2) carats. 
c. One seed pearl or more if the measurement of the one seed is equal to or exceeding (10.0) mm.

3. Notwithstanding what had been contained in this Article, and dealer may request the certificate from the certificates granting agency if the weights or measurements are less than what had been specified in this Article.

Article (8)

For purposes of the commercial trade, the item shall be deemed of low carat or purity rank if the percentage of the precious metal therein is less than the following:
1. 500 portions per gold. 
2. 800 portions per silver.
3. 850 portions per platinum.
 

Article (9)

Items specified in this Article shall be accompanied by a label including the data specified in Annex No. (8) in case they are presented in the sale outlets, provided that a designated place, to differentiate between them and other items specified in Article (3) of this Resolution, shall be determined for them; these items are as follows:
1. Low-carat, low-purity ranks or inlaid items:
2. The low-carat items which contain stones with weight or measurement less than what had been specified by Article (7) of this Resolution; these items are not required to be accompanied by a certificate. 
 

Article (10)

The coated items shall be accompanied by a label indicating the type of the precious metal used for coating, provided that it shall state that the item is coated in case it is presented in the sale outlets of the items processed by the precious metals.

Article (11)

The following shall be required for conducting the activity of stamping or issuing the certificates of the precious metals or stones:
1. The party conducting the activity shall get an approval certificate from the Authority in accordance with provisions of the Cabinet Resolution No. (35) of 2015 Regarding UAE System for Control of Conformity Assessment Bodies (CAB).
2. Compliance with provisions of the Law, this Resolution, application of the standard specifications approved for methods of testing and examination to determine the purity of the precious metal and manuals according to Annexes (1), (2), (3) and (6) attached to this Resolution. 
 

Article (12)

For organising exhibits for the processed items and precious stones, the following shall be required:
1. Obtaining a licence from the Competent Authority. 
2. Complying with the legal carats specified in the Law and this Resolution. 
3. Not to issue the processed items or precious stones in exhibits for sale unless being stamped by the official stamp or accompanied by a label in accordance with provisions of the Law and this Resolution. 
4. A certificate shall be attached to the processed items that contain precious stones as stated in Article (7) of this Resolution. 

Article (13)

1. The definitions, terms and classifications in the labels and certificates shall be used as contained in the Law, the Resolution and Annexes attached thereto, as the case may be.
2. It is prohibited to use any abbreviations, suggestion or names on the certificate or label for the stones that are not specified in this Resolutions and Annexes attached thereto.
3. The competent Authority in each Emirate shall undertake the application of the control on the product to ensure the fulfilment of the requirements of this Resolution. 
4. Annexes attached to this Resolution shall be deemed an integral part therefrom. The Cabinet shall have the right to suggest an amendment thereto if required. 
5. This Resolution shall not prevent the inspectors of the Competent Authorities from controlling and sampling to conduct another test in order to apply the relevant legalisation.
6. All authorities subject to provisions of this Resolution shall provide the inspectors of the Competent Authorities with help and information, they require, related to apply provisions thereof. 
7. It is permissible to put the patch mark on the label without being stamped in cases and mechanisms determined by the Authority. 
8. In case there is a case that may not be treated under provisions of this Resolution or there is a dispute upon the application, the matter shall be submitted to the General Manager to issue the decision he deems proper for the public interest. 
9. The Authority shall issue the procedures and technical requirements required for applying provisions of this Resolution. 

Article (14)

Any provision contrary to or inconsistent with the provisions of this Resolution shall be repealed.

Article (15)

This Resolution shall be published in the Official Gazette and shall come into effect from the day following the date of publication thereof.

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