قانون مكافحة غسل الأموال / الامتثال في الإماراتقانون اتحادي في شأن الرقابة على الاتجار في الأحجار ذات القيمة والمعادن الثمينة ودمغها

Article (1) In application of the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: The State : The United Arab Emirates. The Ministry : The Ministry of Industry and Advanced Technology. The Minister : The Minister of the Ministry. The Competent Ministry : The competent local authority in each emirate. The Committee : The Committee for Controlling Trading in Precious Metals and Stones. Hallmarking : Stamping precious metals with a mark indicating their type, legal standard of fineness and level of purity Official Hallmark : The Hallmark approved in the State by the Ministry. Foreign Hallmark : The Foreign Hallmark recognized by the Ministry. Registered Body : The local or foreign government body registered with the Ministry. Accredited Body : The body that meets the requirements of the Emirates National Ac- creditation System (ENAS) in accordance with the Law on the Es- tablishment of the Ministry of Industry and Advanced Technology.

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 3 Hallmarking Body : The body accredited or registered with the Ministry to stamp the precious metals with the official hallmark. Certification Body : The body accredited or registered with the Ministry for certification in the field of precious metals and stones. Precious Metals : Gold, silver, platinum, and platinum-group metals, whether in the form of wrought or unwrought articles. Precious Stones : Natural organic and inorganic gemstones, artificial gemstones and semi-precious stones set out in the Executive Regulations of this Law Wrought Articles : Each piece wholly or partly made of a precious metal of purity not lower than the standards of purity specified in the Executive Regu- lations of this Law. Such articles shall also include alloys, medals and internationally circulated coins, coins that no longer have fi- nancial value or coins that have historical value. Unwrought Arti- cles : Unmanufactured precious metal alloys. Articles of Low Fineness or Articles of Low Purity : Each piece of precious metal of purity lower than the standards of purity specified in the Executive Regulations of this Law. Inlaid Articles : Each piece of precious metal or others inlaid with precious metals or stones. Plated Articles : Each piece of precious or non-precious metal plated with a precious metal. Legal Standards of Fineness : the figures showing the ratio of the pure precious metal in wrought or unwrought articles as well as the number of parts or fractions per thousand of pure metal by mass in such articles. Millesimal : One part per thousand (1/1000). Certificate : A document issued by the accredited or registered body, which contains identification details of precious stones, pieces of jewelry

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 4 or precious metals in accordance with the resolutions issued in im- plementation of the provisions of this Law. Identification Card : A card which is affixed, placed or attached to the precious stones, a piece of jewelry or wrought precious metals that cannot be hall- marked, and contains identification details of such stones and met- als in accordance with the international standards defined by the Executive Regulations of this Law.

Article (2) Legal standards of fineness of precious metals licensed pursuant to the provisions of this Law shall be determined as follows: A. Gold Jewelry: a. 24 karat gold, which is the pure gold and has a millesimal fineness of 999. b. 22 karat gold, which has a millesimal fineness of 916. c. 21 karat gold, which has a millesimal fineness of 875. d. 18 karat gold, which has a millesimal fineness of 750. e. 16 karat gold, which has a millesimal fineness of 666. f. 14 karat gold, which has a millesimal fineness of 583. g. 12 karat gold, which has a millesimal fineness of 500. B. Silver Jewelry: a. Standard of fineness of 999, which is the pure silver and has a millesimal fineness of 999. b. Standard of fineness of 925, which has a millesimal fineness of 925. c. Standard of fineness of 835, which has a millesimal fineness of 835. d. Standard of fineness of 830, which has a millesimal fineness of 830. e. Standard of fineness of 800, which has a millesimal fineness of 800. C. Platinum Jewelry: a. Standard of fineness of 999, which is the pure platinum and has a millesimal fineness of 999.

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 5 b. Standard of fineness of 950, which has a millesimal fineness of 950. c. Standard of fineness of 900, which has a millesimal fineness of 900. d. Standard of fineness of 850, which has a millesimal fineness of 850. The Cabinet may add other legal standards of fineness, upon the proposal of the Minister of Industry and Advanced Technology, if necessary.

Article (6) The following shall not be covered by the provisions of hallmarking stipulated in this Law: 1. Unwrought Articles; 2. Official coins that no longer have exchange value or that have historical value or official medals of precious metals or inlaid metals that are offered or sold; 3. Antiques of historical and artistic value; 4. Equipment, tools and their parts used for the purposes of scientific, industrial or medical research;

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 6 5. Alloys not earmarked for sale, provided that they are accompanied by the certificate; 6. Articles of gold or platinum, and platinum-group metals of weight lower than one gram, and articles of silver of weight lower than five grams; 7. Precious metals fit for smelting and recycling and not fit for offering for sale or use; 8. Any other articles exempted by a resolution of the Cabinet upon the proposal of the Minister.

Article (18) The Committee shall have the following competences: 1. Considering the reports referred to it by the Ministry or by the competent Ministry on the violations of the provisions of this Law, its Executive Regulations and the resolutions issued in implementation hereof; 2. Recommending to impose one of the following penalties, without prejudice to the penalties set out in this Law:

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 9 Serving notice on the violator; or A fine of not more than (AED 50,000) fifty thousand dirhams. 3. Expressing an opinion on technical matters related to the implementation of the provisions of this Law, its Executive Regulations and the resolutions issued in implementation hereof, which are referred to it by the Minister or by the competent authority; and 4. Providing recommendations, proposals and periodic reports to the Minister on the matters referred to it to take the appropriate decision.

Article (20) Whoever commits one of the following acts shall be punished by imprisonment for no less than two years and/or a fine of no less than (AED 500,000) five hundred thousand dirhams and no more than (AED 1,000,000) million dirhams: 1. Stamping wrought articles with counterfeited hallmarks; 2. Deliberately selling, offering for sale or possessing for the purpose of sale wrought articles bearing counterfeited hallmarks or trading therein; 3. Counterfeiting the certificates of precious metals or stones; 4. Practicing the activity of hallmarking precious metals or issuing certificates in the field of precious metals or stones without being registered or accredited by the Ministry; 5. Making a change or alteration in wrought articles after being hallmarked, in any way that may make the same nonconforming to the standard of fineness stamped thereon; 6. Making a change or alteration in precious stones after issuing their certificates, in any way that may change the properties or features of the stone; or 7. Deliberately selling, offering for sale, possessing for the purpose of sale or trading in

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 10 altered wrought articles.

Article (21) Whoever commits one of the following acts shall be punished by imprisonment for no less than one year and no more than two years and/or a fine of no less than (AED 250,000) two hundred fifty thousand dirhams and no more than (AED 500,000) five hundred thousand dirhams: 1. Trading in wrought articles of precious metals without being hallmarked, subject to the provisions of Article (6) of the Law; 2. Trading in the field of precious metals or stones without bearing an identification card or certificate issued by the certification body; 3. Trading in the field of precious metals or stones under a certificate issued by a body other than the certification body; or 4. Trading in wrought articles stamped with hallmarks other than the official hallmark or foreign hallmark.

Article (22) 1. Each accredited body shall be punished by a fine of no less than (AED 100,000) one hundred thousand dirhams and no more than (AED 500,000) five hundred thousand dirhams if it: A. issues a certificate in the field of precious metals or stones, showing incorrect details thereof; B. issues a certificate in the field of precious metals or stones, showing information not conforming to the reality of the metal or stone; or C. stamps the wrought articles with a nonconforming hallmark. 2. In case of repetition, the penalty shall be doubled and the accreditation granted shall be cancelled.

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Federal Law No. (11) of 2015 concerning monitoring trade in precious stones, precious metals; and its stamping 11