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RS 0.941.366.5 Convention of 14 December 2011 between the Federal Council of the Swiss Confederation and the Government of the Russian Federation on the Reciprocal Recognition of the Official hallmarks affixed to the articles of precious metal of l

Original Language Title: RS 0.941.366.5 Convention du 14 décembre 2011 entre le Conseil fédéral de la Confédération suisse et le Gouvernement de la Fédération de Russie relative à la reconnaissance réciproque des poinçons officiels apposés sur les ouvrages en métaux précieux de l

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0.941.366.5

Translation 1

Convention

Between the Federal Council of the Swiss Confederation and the Government of the Russian Federation on the reciprocal recognition of the official hallmarks of the precious metal works of the watchmaking industry

Cited on 14 December 2011

Entry into force by exchange of notes on 2 August 2013

(State on 2 August 2013)

The Swiss Federal Council and the Government of the Russian Federation,

Hereinafter called the Parties,

Desiring to promote exchanges between the Swiss Confederation and the Russian Federation, agreed on the following:

Art. 1

For the purposes of this Convention,

"Competent authority" means:

In the Russian Federation: the Russian State Control Authority under the Ministry of Finance of the Russian Federation;

In Swiss Confederation: the Central Bureau for the Control of Precious Metals;

"Legislation of the Russian Federation" means the Federal Law n O 41-FZ of 26 March 1998 on precious metals and precious stones, decision n O 643 of the Government of the Russian Federation of 18 June 1999 concerning the procedure for the control and punching of articles of precious metal, Decree No. O 1 of 11 January 2009 of the Ministry of Finance of the Russian Federation implementing the supervision supervision instruction, as well as any amendments to those provisions;

"Legislation of the Swiss Confederation" means the Act of 20 June 1933 on the Control of Precious Metals 1 , which regulates the trade in precious metals and articles of precious metal, the order of 8 May 1934 on the control of precious metals 2 , the instructions of 1 Er May 2010 concerning the application of the legislation on precious metals, as well as any amendments to those provisions;

"Precious metal works of the watchmaking industry" means bracelets, pocket watches and other types of portable watches, including time meters, with boxes of precious metal (gold, silver, platinum, palladium) and their Alloys. The term covers both watches with precious metal bracelets and their alloys as well as those with precious metal components, on the other hand the watches without bracelets;

"Official hallmark" means:

In the Russian Federation: a check mark provided for in decision n O 643 of 18 June 1999 by the Government of the Russian Federation concerning the procedure for the control and punching of articles of precious metal;

In the Swiss Confederation: an official hallmark of art. 15 of the Act of 20 June 1933 on the control of precious metals;

"Manufacturer's hallmark" means:

In the Russian Federation: a master punch provided for in decision n O 643 of 18 June 1999 by the Government of the Russian Federation concerning the procedure for the control and punching of articles of precious metal;

In the Swiss Confederation: a master's hallmark under art. 9 of the Act of 20 June 1933 on the control of precious metals or a collective master punch provided for in Art. 60 of the Ordinance of 8 May 1934 on the control of precious metals;

"Legal title indication" means:

In the Russian Federation: the indication of the title referred to in decision n O 643 of 18 June 1999 by the Government of the Russian Federation concerning the procedure for the control and punching of articles of precious metal;

In the Swiss Confederation: the indication of a title referred to in Art. 7 and 7 A The Act of 20 June 1933 on the control of precious metals;

"SFX measurement" means a non-destructive analysis method based on the X-ray fluorescence spectrometer.


Art. 2

By affixing the official stamp on precious metal works of the watch industry, the competent authority shall:

-
Certify that the effective title corresponds to the indication of legal title;
-
Ensures that it has controlled the precious metal content of the precious metal works of the watch industry; and
-
Ensures that it has identified the manufacturer's deposited punch on the precious metal works of the watchmaking industry.
Art. 3

The precious metal works of the watchmaking industry which, at the time of importation into the Swiss Confederation, bear the fingerprints of the hallmark of the manufacturer and the official hallmark of the Russian Federation and the indication of legal title are not Not subject to a new inspection, analysis or new point in the Swiss Confederation, provided that these works correspond to the provisions of the legislation of the Swiss Confederation and those of this Convention.

The tests referred to in s. 5 of this Convention.

At the time of customs clearance, the precious metal works of the watch industry shall be presented to the competent authority, whose task is to verify the presence of the official hallmark of the Russian Federation on the works. The indication of legal title in conformity with the legislation of the Russian Federation.

2. Articles of precious metal of the watch industry which, at the time of importation into the Russian Federation, bear the fingerprints of the official hallmark of the Swiss Confederation and the hallmark of the manufacturer and the indication of legal title are not Not subject to new supervision, analysis or new punching in the Russian Federation, provided that such works correspond to the provisions of the legislation of the Russian Federation and those of this Convention.

The tests referred to in s. 5 of this Convention.

During customs clearance, the precious metal works of the watch industry shall be presented to the competent authority, whose task is to check on the works the presence of the official hallmark of the Swiss Confederation and of the The indication of legal title in accordance with the legislation of the Swiss Confederation.

Art. 4

The holder of a hallmark of a manufacturer who has deposited the hallmark with the competent authority of the Russian Federation is exempt from the obligation to register his hallmark in the Swiss Confederation.

The holder of a hallmark of a manufacturer who has deposited the hallmark with the competent authority of the Swiss Confederation is relieved of the obligation to register his hallmark in the Russian Federation.

Art. 5

The provisions of this Convention shall not preclude any Party from conducting surveys on the precious metal works of the watch industry presenting the official punch and the hallmark of the Manufacturer and the indication of legal title within the meaning of Art. 3 of this Convention. Such controls shall not delay the import of articles of precious metal from the clock industry if they have the fingerprints of the official punch and the hallmark of the manufacturer as well as the indication of legal title in accordance with the Provisions of this Convention.

Art. 6

1. Survey controls on precious metal works in the watch industry are in principle based on the touchstone method and by SFX measurement, using analytical methods that do not damage the structures.

2. The control of the effective title shall be as follows:

-
In the Russian Federation: in accordance with Part 3 of the supervision supervision instruction;
-
In accordance with the methods described in the technical decisions concerning the application of Annex II of the Convention on the Control and Punching of Articles of Precious Metal 1 (Hallmarking Convention 1972).

No negative tolerance is permitted: the effective title may not be less than the legal title.


Art. 7

1. Articles of precious metal from the horological industry imported from the Swiss Confederation in the Russian Federation which do not bear the stamp of the official hallmark, the hallmark of the manufacturer and/or the legal title of the Swiss Confederation or with footprints that do not agree with the examples, illustrations and descriptions that the competent authority of the Russian Federation has received in accordance with Art. 8 of this Convention and/or whose effective title is less than the indication of the legal title of the Russian Federation shall be returned to the driver of the goods with the detailed reason for the refoulement.

2. Articles of precious metal from the horological industry imported from the Russian Federation into the Swiss Confederation which do not bear the stamp of the official hallmark, the imprint of the hallmark of the manufacturer and/or the legal title of the Russian Federation or with imprints which do not agree with the examples, illustrations and descriptions that the competent authority of the Swiss Confederation has received in accordance with Art. 8 of this Convention and/or whose effective title is less than the indication of the legal title of the Swiss Confederation shall be returned to the driver of the goods with the detailed reason for the return.

The competent State authority of the other Party shall be informed of the above-mentioned cases.

Art. 8

The competent authorities shall recover each other and as soon as possible the following data:

(a)
Information relating to legislation regulating the manufacture, trade and control of precious metal works in the watch industry;
(b)
Illustrations and descriptions of official hallmarks and examples of official hallmarks on precious metal works in the watchmaking industry. Upon written request, the Parties shall provide each other with illustrations and descriptions of the manufacturer's hallmarks and title indications.

2. The competent authorities shall inform each other and as soon as possible of any changes to the legislation referred to in the letter. A of c. 1 of this section and reciprocally recovering the illustrations, descriptions and examples of footprints referred to in the letter. B of c. 1 of this section that have been amended.

Art.

The Parties shall take all possible measures to prevent the counterfeiting and misuse of the fingerprints of the official State hallmarks of the other Party and the unauthorized modification or obliteration of the indication of the title Or the mark of the hallmark of the manufacturer after affixating the official hallmark by the competent authority.

Each Party shall take all appropriate steps where it has sufficient evidence or where the other Party is aware that official hallmarks have been counterfeited or misused, as well as Have been modified after the official hallmark has been affixed without the agreement of the manufacturer or without the indication of legal title, or the mark of the hallmark of the manufacturer has been modified or obliterated.

Art. 10

Disputes arising between the Parties as a result of the application and interpretation of this Convention shall be resolved through consultations and negotiations.

Art. 11

In the event of necessity, the Parties shall consult each other, in the manner decided by them, in order to examine the implementation of this Convention and the need to make changes to it.

In order to implement the provisions of this Convention, the Parties may conclude agreements between them relating to separate objects.

Art. 12

This Convention shall be concluded for an indefinite period of time and shall enter into force 30 days after receipt of the second of the notifications by which the Parties shall inform each other, through diplomatic channels, of the completion of the procedures Necessary for the entry into force of this Convention.

Art. 13

This Convention may be abrogated at any time by the Parties, unilaterally, by written notification to the other Party. This Convention shall be repealed one year after the notification of its denunciation, unless the Parties otherwise dispose of it before the expiration of that period.

Signed in Moscow on 14 December 2011 in two originals, each in Russian, German and English, all texts being equally authentic. In the event of any disagreement concerning the interpretation of this Convention, the English text shall be used.

For the Swiss Federal Council:

Pierre Helg

For the Government of the Russian Federation:

Sergey Dmitrievich Chatalov



RO 2013 2377


1 The original text is published under the same figure in the German edition of this collection.


Status August 2, 2013