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official translation REPUBLIC OF LITHUANIA LAW ON STATE SUPERVISION OF PRECIOUS METALS AND GEMSTONES 3 July 1995 No I-996 Vilnius (As last amended on 21 January 2010 – No XI-669) I. GENERAL PROVISIONS Article 1 This Law shall regulate the procedure for testing and hallmarking precious metals and gemstones, as well as the articles thereof, establish the legal basis of the activities of institutions which exercise the state supervision of precious metals and gemstones, as well as the articles thereof, and obligatory requirements for economic entities which engage in commercial-economic activities relating to precious metals and gemstones. Article 2 The purpose of this Law - to defend the rights of users of precious metals and gemstones, to protect their and state interests when manufacturing, processing, purchasing, selling, using, storing and transporting, as well as exporting and importing precious metals and gemstones. Article 3 The following definitions shall be used in the Law: 1) precious metals – gold, silver, metals of the platinum group (ruthenium, rhodium, palladium, osmium and iridium) in various forms: alloys, raw material, semi-finished products, manufactured products, their scrap and waste, as well as chemical compounds; 2) gemstones – natural treated and non-treated precious stones: diamonds, emeralds, rubies, sapphires and other jewellery and gems, as well as gemstones of organic origin (except amber) (according to the classification established by the International Confederation of Jewellery, Silverware, Diamonds and Pearls CIBJO). Diamond scrap and waste shall be considered gemstones as well; 3) precious metal scrap – various articles containing precious metals, semi-finished products unsuitable to be used according to the previous direct purpose, as well as alloys, raw material, chemical compounds of various forms; 4) gemstone scrap – various articles containing gemstones and not suitable to be used for the previous direct purpose; 5) precious metal and gemstone waste – waste which forms during technological production processes, contains precious metals and gemstones, and is suitable for recuperation; 6) processing of precious metals - obtaining of precious metals from chemical compounds, concentrates and semi-finished products, scrap, and waste; 7) utilisation of precious metals and gemstones - treatment, use of these metals and gemstones for industrial, scientific, social, and cultural needs; 8) testing – establishing the quality and quantity of precious metals, their alloys, as well as identity and characteristics of gemstones; 9) standard of fineness – the standard set by the International Organisation for Standardisation (ISO) or the State, which shows the value of the alloy from which an article is made and the content of the precious metals measured in terms of parts per thousand by weight of alloy. The mark indicating this ratio is stamped on the article; 10) State supervision of precious metals and gemstones – the system of organisational-technical and legal means ensuring the state supervision of manufacture, processing, purchase and sale, use, safe keeping and transportation of precious metals and gemstones, as well as export and import of precious metals and gemstones; 11) State hallmark of Lithuania – an established mark confirming that the article, which is bearing it, has been assayed and marked by the Lithuanian Assay Office and conforms to the standard of fineness expressed in an Arabic numeral, which indicates the number of parts by weight of the precious metal in 1,000 parts by weight of the alloy; 12) marking – a technological marking operation, in the process whereof the State hallmark of Lithuania and the fineness mark are punched on articles of precious metals; 13) economic entity – a legal person, a foreign legal person or organization which does not have the status of the legal person and their branches as well as a natural person who engage in commercial-economic activities related to precious metals and gemstones in the manner prescribed by legal acts of the Republic of Lithuania; 14) responsibility mark – a special symbol or abbreviation that confirms a person who puts an article on the market; 15) date code – the code of the year established by the state supervision institution of precious metals and gemstones, which indicates when an article was manufactured; 16) articles of precious metals and gemstones – jewellery set with gemstones or without them, decorative or household articles, as well as articles made of the alloys of gold, silver and platinum groups, and used in production and science; 17) certificate of quality – a document confirming the standard of fineness, weight, content of precious metals as well as identity and characteristics of gemstones. 18) Common Control Mark – a mark provided for in the Convention on the Control and Marking of Articles of Precious Metals; 19) importation – importing of articles of precious metals and gemstones into the Republic of Lithuania; 20) exportation – exporting of articles of precious metals and gemstones from the Republic of Lithuania; 21) national hallmark – an established mark of a state of the European Economic Area and Turkey, confirming that the article, which is bearing it, has been assayed and marked by an independent assay office authorized by the relevant state and conforms to the standard of fineness expressed in an Arabic numeral, which indicates the number of parts by weight of the precious metal in 1,000 parts by weight of the alloy. Article 4

  1. All articles of precious metals and gemstones intended for sale in the Republic of Lithuania, as well as imported into the Republic of Lithuania, must conform to the standard of fineness established by this Law. The State hallmark of Lithuania and responsibility mark must be punched on articles of precious metals and gemstones, with the exception of the cases specified in paragraph 2 of Article 17 of this Law. At the request of an economic entity articles may be also punched with the date code.
  2. Provided that there is an international agreement or treaty of the Republic of Lithuania concerning mutual acceptance of marking and the certificate of quality, articles of precious metals and gemstones may be exported or imported into the contracting parties without the additional control marking and certificate of quality. Precious metals and gemstones, which are imported temporarily into the Republic of Lithuania for processing and which are planned to be exported following the change of their form, shall be exported without an additional control marking. Article 5 The state supervision of precious metals and gemstones, and articles thereof in the Republic of Lithuania shall be carried out by the Lithuanian Assay Office in the manner prescribed by this Law. Article 6
  3. Economic entities may engage in the Republic of Lithuania in commercial-economic activities related to precious metals and gemstones only after the registration with the Lithuanian Assay Office. The founder of the Lithuanian Assay Office shall lay down the procedure of registration of economic entities.
  4. The economic entities established in the Republic of Lithuania, putting on the market articles of precious metals and gemstones which are not marked with the responsibility mark, must possess the responsibility mark which is registered at the Lithuanian Assay Office and mark with the said mark the articles intended for sale in the Republic of Lithuania. II. STANDARDS OF FINENESS AND TESTING Article 7
  5. The following standards of fineness of articles made of precious metals shall be set in the Republic of Lithuania: 1) for platinum - 950; 2) for gold - 375, 500, 583, 585 and 750; 3) for silver - 800, 830, 875, 916 and 925; and 4) for palladium - 500 and
  7. 500 and 583 standards of fineness for gold, and 875 and 916 standards of fineness for silver shall be permitted only for repair of jewellery and other household articles manufactured before 1 January
  9. The following standards of fineness shall be set for new articles and articles made of precious metals that are intended for export, as well as for those that are imported: 1) for platinum – 850(º), 900(º), 950º, 999(º); 2) for gold - 375º, 585º, 750º, 916(º), 999(º); 3) for silver - 800º, 830º, 925º, 999(º); and 4) for palladium - 500º, 850º, 950(º), 999(º).
  10. The standards of fineness for articles of filmy gold and silver shall be set from 910 to 1000 every 10 units, i.e. 910, 920, 930, 940, 950, 960, 970, 980, 990, and
  12. The standard of fineness for articles of green filmy gold shall be
  14. The following standards of fineness shall be set for articles of dental technical production: 1) for golden disks – 900(º), 916(º); and 2) for clasps, solder and other elements - 750(º). It shall be permitted to use the following alloys in the production of dental cast prostheses: the standard of fineness for gold shall not be less than 650(º) and the standard of fineness for metals of the gold and platinum group shall not be less than 750(º). The alloys must meet the international standards, co-ordinated with the Lithuanian Assay Office and approved by the Ministry of Health of the Republic of Lithuania. Article 8 The Lithuanian Assay Office shall make a test and mark articles made of precious metals and gemstones, and shall issue the certificate of quality, provided that these articles are submitted by: 1) economic entities; 2) state institutions, which sell confiscated articles of precious metals and gemstones, as well as scrap and waste of precious metals and diamonds; 3) museums and religious confessions; and 4) natural persons (personal items). Article 9 Articles made of precious metals and gemstones conform to the standard of fineness provided that the content of pure gold, silver, platinum or palladium therein is not less than indicated in the fineness mark. If this amount is less, the article shall be considered being of the next lower standard of fineness on the established range and shall be stamped with the appropriate fineness mark. Article 10 The Lithuanian Assay Office shall establish the methods of testing, the procedure for selecting samples and the number thereof, and this must guarantee reliability of the test results. The fees for services related to testing and marking, as well as issuing of the certificate of quality and other services shall be set by the Government of the Republic of Lithuania. Article 11 The articles of precious metals and gemstones, submitted to the Lithuanian Assay Office, which do not conform to the declared standards of fineness, as well as the gemstones, which do not conform to the declared quality, shall be struck with an appropriate lower standard of fineness or an appropriate certificate of quality shall be issued, provided that the submitter consents to it. The Lithuanian Assay Office shall inform the economic entity or natural person who has submitted the articles about the non-conformity of the declared standard of fineness or quality; the said economic entity or natural person shall be entitled to demand within 10 days that, at their cost, testing would be repeated. If the economic entity does not consent to stamping the article with the lower fineness mark than has been declared or to receiving an appropriate certificate of quality, or if the results of the repeat test are negative, articles of precious metals and gemstones shall be returned deformed (broken). Personal items shall be returned to natural persons without marking and a certificate of quality. Article 12
  15. The norms of quantity of precious metal articles permitted to be cut, melted or used for other tests during the assay, as well as the procedure for returning scrap and waste of used precious metals shall be approved by the founder of the Lithuanian Assay Office.
  16. The Lithuanian Assay Office shall not compensate for the damage caused by deforming (breaking) the articles that are of the lower standard of fineness than declared or which do not conform to the certificate of quality. Article 13
  17. The design of the State hallmark of Lithuania shall be approved by the Government of the Republic of Lithuania.
  18. The Lithuanian Assay Office shall keep the secret of the protection levels of the State hallmark of Lithuania and fineness marks.
  19. The Lithuanian Assay Office shall have the exclusive right to: 1) order to produce the State hallmark of Lithuania and fineness mark, as well as the Common Control Mark; 2) stamp the State hallmark of Lithuania and fineness mark, as well as the Common Control Mark; and 3) issue a certificate of quality. Article 14 The State hallmark of Lithuania and other marks shall be punched on the articles of precious metals and gemstones in such a way, as not to diminish their commercial, utilitarian or artistic value would not diminish. In the case there is no sufficient place or if it is impossible, the mark describing an article shall be stamped on the seal attached to the article. Article 15
  20. The State hallmark of Lithuania and fineness mark shall be applied by punching or lasermarking, and the responsibility mark and the date code - by punching, casting or engraving. Arabic numerals shall be used in marking. Application of the marks provided for in international treaties shall be carried out in compliance with these treaties.
  21. Articles submitted for hallmarking, except articles submitted for hallmarking by persons specified in subparagraphs 2, 3 and 4 of paragraph 1 of Article 8 of this Law, must be marked with the registered responsibility mark. At the request of an economic entity, articles submitted for hallmarking may be marked with the date code which the Lithuanian Assay Office establishes for articles manufactured in the Republic of Lithuania.
  22. Certificates of quality of the set form shall be issued for gemstones upon the establishment of their identity and characteristics.
  23. The articles, which are made of non-precious metals and only plated with them, shall not be marked. Article 16
  24. The following articles of precious metals and gemstones may not be stamped with the State hallmark of Lithuania: 1) the articles of historical, archaeological and artistic value if when marked they would lose that value; 2) orders, medals and coins; 3) small incisions, cuts, inlays of precious metals (if decorated on boxes, vases and other articles); and 4) parts of devices, laboratory vessels and other articles intended for use in science, industry, medicine, and for other purposes, discs used in dental prosthetics, which are supplied to medical institutions directly from the manufacturing plants, surgical and other instruments, filmy gold and silver, casts, strips, sheets, wire and other semi-finished products. In this case such articles must have a trademark or an appropriate label and certificate, and their standard of fineness must conform to the requirements for standards of these productions. III. IMPORTATION, EXPORTATION, SALE AND PROCESSING OF THE ARTICLES OF PRECIOUS METALS AND GEMSTONES Article 17
  25. Articles of precious metals and gemstones, which are imported into the Republic of Lithuania, must be stamped with the State hallmark of Lithuania. Identity and characteristics of gemstones must be tested and certificates of quality must be issued. The importing economic entities shall submit these articles to the Lithuanian Assay Office for obtaining of certificates, as well as for making a test and marking.
  26. Articles of precious metals and gemstones may be sold without the control marking by the Lithuanian Assay Office or the certificate of quality: 1) if the importing country is a party to an international agreement or treaty with the Republic of Lithuania, pertaining to the mutual acceptance of the marking and certificate of quality; 2) if articles of precious metals and gemstones which are imported from another state – a member of the European Economic Area and Turkey in which such articles are permitted to be put on the market – have been assayed and marked by an independent assay office authorized by the relevant state with the national hallmark of such a state and bear the responsibility mark, registered in that state, struck thereon; 3) if articles of precious metals and gemstones are punched with the Common Control Mark in accordance with the requirements set out in the Convention on the Control and Marking of Articles of Precious Metals; 4) coins, orders, badges of honour, prizes, engraved personal presents.
  27. It shall be prohibited to sell in the Republic of Lithuania precious metals and gemstones which are intended for exportation, and which have been brought into the Republic of Lithuania for processing or changing of their form. Article 18
  28. All the imported or exported articles of precious metals and gemstones must conform to the requirements of this Law.
  29. The Lithuanian Assay Office may permit manufacturing of articles from the precious metals submitted by foreign economic entities, the standards of fineness whereof do not correspond to the standards of fineness set in Article 7 of this Law. Such articles must be returned to the foreign countries according to the procedure established by the Government of the Republic of Lithuania or an institution authorised by it. The Lithuanian Assay Office shall oversee compliance with this procedure. Article 19
  30. Articles of precious metals and gemstones which are sold in the Republic of Lithuania must conform to the standards of fineness defined in Article 7 of this Law.
  31. Articles manufactured from base metals which are plated with precious metals as well as articles which do not conform to the lowest standard of fineness defined in Article 7 of this Law may not be sold as articles of precious metals. Article 20 Economic entities must: 1) keep the accurate records of precious metals and gemstones, as well as of articles made of precious metals and gemstones, indicating the standard of fineness, weight and quantity; 2) present in the prescribed manner statistical reports concerning acquisition, use and remains of precious metals and gemstones, as well as the articles made of precious metals and gemstones; and 3) comply with the rules concerning sale, buying up, processing, use, storing, keeping accounts, safe keeping and transporting of precious metals and gemstones, as well as the articles of precious metals and gemstones; the rules shall be prepared by the Lithuanian Assay Office and approved by the Ministry of Finance of the Republic of Lithuania. IV. INSTITUTIONS OF STATE SUPERVISION OF PRECIOUS METALS AND GEMSTONES Article 21 In the Republic of Lithuania the state supervision institution of precious metals and gemstones shall be the Lithuanian Assay Office instituted by the Ministry of Finance of the Republic of Lithuania. Article 22
  32. The Lithuanian Assay Office shall be a public enterprise, which has the seal with the National Emblem of the Republic of Lithuania.
  33. The regulations of the Lithuanian Assay Office shall be approved by the founder - the Ministry of Finance of the Republic of Lithuania. Article 23 The Lithuanian Assay Office shall: 1) control that economic entities act in compliance with the requirements of this Law, state standards and other regulatory enactments; 2) establish whether precious metals and gemstones, articles of precious metals and gemstones submitted by economic entities and legal persons correspond to the declared standards of fineness, identity and characteristics of gemstones; 3) within its competence issue instructions and other regulatory enactments, which are obligatory on economic entities, organise and oversee compliance with them; 4) control that, while working with precious metals and gemstones, articles of precious metals and gemstones, economic entities act in compliance with the requirements of state standards, rules of metrology and other regulatory enactments; 5) make a control analysis, assaying, evaluation of precious metals and gemstones, articles of precious metals and gemstones which are manufactured in Lithuania or imported into the Republic of Lithuania, as well as establish identity and characteristics of gemstones; 6) conduct an examination of impressions of the State hallmark of Lithuania and fineness marks, as well as of the certificate of quality; 7) register economic entities, which engage in commercial-economic activities related to precious metals and gemstones, keep the register of such economic entities, register maker’s marks; 8) prepare proposals to the Ministry of Finance of the Republic of Lithuania concerning improvement of record keeping and safe keeping of precious metals and gemstones, as well as articles thereof; and 9) solve other issues, which fall within its competence. Article 24
  34. The head of the Lithuanian Assay Office shall simultaneously be the chief inspector of the Republic of Lithuania of state supervision of precious metals and gemstones. He shall be appointed to the post and relieved of his post by the Minister of Finance. The deputy head of the Lithuanian Assay Office shall simultaneously be the deputy chief inspector of the Republic of Lithuania of state supervision of precious metals and gemstones. He shall be appointed to the post and relieved of his post by the head of the Lithuanian Assay Office, upon having co-ordinated it with the Ministry of Finance.
  35. Specialists shall be state supervising officers of precious metals and gemstones as well as estimators of precious metals and gemstones, and articles of precious metals and gemstones. Article 25 State supervising officers of precious metals and gemstones shall within their competence have the right: 1) upon presentation of the certificate of employment, to freely enter all enterprises and organisations of economic entities, as well as to exercise control over them; 2) to get familiarised with the records kept by an economic entity, technical and other documents, as well as applied standards and other enactments regulating these activities; 3) select and take samples of the production, individual articles for examination, testing or analysis; 4) according to the procedure established by laws, to confiscate precious metals and gemstones, articles of precious metals and gemstones on sale, the standard of fineness or quality whereof do not conform to the declared ones, articles of precious metals and gemstones without fineness marks or the certificate of quality, with forged (false) fineness marks or certificates of quality, as well as those which have not been returned to foreign countries in violation of paragraph 2 of Article 18 of this Law; 5) to suspend manufacturing, processing, buying up, selling, rendering of services, trade of precious metals and gemstones, as well as articles thereof or other activities relating to it if the requirements established by this Law and other regulatory enactments, as well as rules of metrology have been violated; 6) to forbid the use of measuring instruments for work with precious metals and gemstones, articles of precious metals and gemstones if they have not been attested or the verification time thereof has expired; 7) to prohibit manufacturing, selling of articles made of precious metals and gemstones, rendering of services and other related activities, if economic entities have not been registered with the Lithuanian Assay Office or violate the requirements of this Law, state standards or other regulations; 8) to check the record keeping and protection of precious metals and gemstones, as well as articles of precious metals and gemstones, and to oversee compliance with this Law and other regulatory enactments; 9) to give obligatory instructions for economic entities; 10) if the licence is revoked, to submit proposals that it be reissued after a lapse of at least one year from revocation of the previous licence; and 11) in the manner prescribed by the law, to impose administrative sanctions on officers and persons for the violations of this Law. V. FINAL PROVISIONS Article 26 Complaints of economic entities and natural persons against the actions of state supervising officers of precious metals and gemstones shall, within 15 days from the receipt of a complaint, be considered by the head of the Lithuanian Assay Office or, in his absence, by the deputy head. If the claimant does not agree with the decision of the head of the Lithuanian Assay Office, he shall have the right to appeal to the court within 30 days after receipt of the decision. Article 27 State supervising officers of precious metals and gemstones must keep author’s and commercial secrets of the economic entities and legal persons who use their own technologies and materials. Article 28 State supervising officers of precious metals and gemstones, as well as other persons and officers who have violated the requirements of this Law shall be liable under the law of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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