No 2257 - Issuance of registration certificates to the entities operating in the extraction, processing and trading in white metals and precious stones and products thereof by occupation

1.       Title of the administrative service and unique identification code according to the Register of Services

No 2257 - Issuance of registration certificates to the entities operating in the extraction, processing and trading in white metals and precious stones and products thereof by occupation.

2.       Legal basis for the provision of the administrative service/the issuance of the individual administrative act

Article 13(3) of the Foreign Exchange Law

3.       Authority providing the administrative service/issuing the individual administrative act In the cases of assignment - the officials issuing the individual administrative act

The functions as per Article 13(3) of the Foreign Exchange Law assigned to the International Financial Institutions and Cooperation Directorate.

4.       Administrative service unit receiving the documents and providing information about the movement of the file: address, e-mail, telephone, working hours

Reception Room for Citizens at the Ministry of Finance, Entrance for Citizens - G. Benkovski Str., Room No 1, ground floor

Registry Office of the Ministry of Finance - 102, G. S. Rakovski Str.

e-mail: Embedded Image

Switchboard: 02/ 9859 1 

Fax: 02/ 980 68 63

Working hours: from 9.00 a.m. to 5.30 p.m. Monday through Friday

5.       Procedure for the provision of the administrative service/issuance of the individual administrative act; requirements and documents needed. In case a document is issued by an administrative authority, the relevant authority shall also be indicated

Any entities operating in the extraction, processing and trading in white metals and precious stones and products thereof by occupation shall register with the Ministry of Finance 14 days before setting up in business. The submission of any registration documents shall not mean that the entity is registered. Registration shall be certified by the issuance of a certificate.

The extraction, processing and trading in white metals and precious stones and products thereof may be effected by entities who are traders operating with white metals and precious stones and products thereof or are undertakings as per Article 357 of the Obligations and Contracts Law that perform such activities by occupation and are registered with the public register of the entities performing such activities.

The registration of the entities operating in the extraction, processing and trading in white metals and precious stones and products thereof by occupation is done at the Ministry of Finance in a public register under a template approved by the Minister of Finance.

The registration in the register is done on the basis of a written application form as per Annex 1 of the Ordinance on the Terms and Procedure for Registering and on the Requirements to the Activity Performed by Entities Operating in the Extraction, Processing and Trading in White Metals and Precious Stones and Products Thereof by Occupation (the Ordinance) to be received at the Reception Room for Citizens of the Ministry of Finance - room No. 1 or to be downloaded from the website of the Ministry of Finance.

The registration in the public register as per paragraph 1 of the Ordinance is done by the registration official within 14 days of the receipt of the application form and of all documents required.

The following documents shall be attached to the written application form:

1. An original and a certified ‘True with the Original' copy of a partnership agreement as well as a copy of the UIC for entities registered as per Article 357 of the Obligations and Contracts Law;

2. Certificates of conviction in original for the individuals representing the applicant, as well as of the individuals claimed for registration in the register for performance of the activities claimed for registration under the Ordinance;

3. An original and a certified ‘True with the Original' copy of a document certifying the right to use the site where the activities will be performed which is valid and contains an accurate address;

4. A document certifying the stamp duty paid in the original or a copy certified by a bank;

5. Any other documents according to the specific case, if expressly provided for in the Ordinance.

As regards the activities under Article 4(1) of the Ordinance, the extraction of white metals by industrial means shall be carried out by traders registered under Article 2(1) of the Ordinance after the submission of an additional document, i.e. a concession permission under the Mineral Resources Law.

As regards the activities under Article 4(2) of the Ordinance, the extraction of white metals by manual tossing of auriferous gravel with additional small technical devices shall be carried out by traders registered under Article 2(1) of the Ordinance after the submission of an additional document, i.e. a permit by the mayor of the municipality under the Mineral Resources Law.

As regards the activities under Article 4(3) of the Ordinance, the extraction of white metals by tossing of auriferous gravel with the use of mechanisation shall be carried out by traders registered under Article 2(1) of the Ordinance, with the entities operating in sections determined by River Basin Management Plans and by the draft projects pursuant to the Water Law.

As regards the activities under Article 6(2)(d) of the Ordinance, processing of white metals for the purposes of materials for dental needs, the use of which is authorized under the Drugs and Pharmacies in Human Medicine Law, by enterprises entered in the register under art.2(1), after the submission of a supplementary document, i.e. a permit to produce and a permit to use, for compliance of the alloys produced by them with the medical standards established in the country, issued by a body of the Ministry of Health.

As to the activities under Article 7 of the Ordinance, i.e. production, processing and repair of jewellery of white metals and precious stones, the persons shall submit the following supplementary documents:

1. A list of the persons who shall directly perform the activity accompanied by a certificate, diploma or another document certifying their professional qualification pursuant to Article 25 of the National Education Law and pursuant to the requirements for acquisition of professional qualification of the Vocational Education and Training Law, the Higher Education Law, Ordinance No.4 on the Documents within the National Education System;

2. A list of the premises where the activities will be carried out.

As to the activities under Article 15 of the Ordinance, transactions in investment gold shall be carried out by enterprises registered for such activity in the register under Article 2(1) after the submission of the following supplementary documents:

1. A list of the persons who will carry out the activities;

2. A copy of a document certifying that the person is registered under the Value Added Tax Law.

As to the activities under Article 63 of the Ordinance, the persons registered under Article 2(1) of the Ordinance, the persons persons shall be registered following the submission of a supplementary document certifying their professional qualification, i.e. a diploma or another document.

Laboratory tests with a right to issue an expert certificate of identity and quality characteristics of precious stones, as well as for valuation at current prices, shall be performed by laboratories registered at the Ministry of Finance and having at their disposal the experts competent in this field who hold a certificate, a diploma or another document attesting the professional qualification thereof.

The persons registered in a member state of the Agreement on the European Economic Area, or in a country outside the European Union, shall enclose to the application a copy of the identity document of the person representing the applicant and the following documents:

1. A certified copy of a document bearing an apostille and certifying an up-to-date commercial registration under the national legislation issued by the competent authority of the relevant country;

2. A certified copy of a document bearing an apostille and certifying the right of the persons under their national registration to perform transactions and actions with white metals and precious stones;

3. A document evidencing the stamp duty paid in the original or in the form of a copy certified by a bank;

4. Any other documents as the case may be.

The persons from a member state of the European Union who permanently perform transactions with white metals and precious stones and articles made therewith and thereof in Bulgaria and who have the status of residents shall submit the following documents to the Ministry of Finance:

1. A copy bearing an apostille of an identity document of the person performing the activity or representing the business company;

2. A copy of a document bearing an apostille and certifying an up-to-date commercial registration under the national legislation issued by the competent authority of the relevant country;

3. A copy of a document bearing an apostille and certifying the right of the persons under their national registration to perform transactions and actions in white metals and precious stones;

4. A list of the retail establishment in Bulgaria, as well as of the hired persons performing the activity;

5. A document evidencing the stamp duty paid in the original or in the form of a copy certified by a bank;

Any persons from the European Union who are entitled under their national legislation to perform transactions and acts with white metals and precious stones and who provide their services on a temporary and single-time basis on the territory of the Republic of Bulgaria, shall inform the Ministry of Finance, in case of temporary and single-time residence in the country, by declaring:

(а) the period of time in which they will reside in the country;

(b) the type of services and activities they will provide;

(c) the legal basis for exercising of the declared activity.

The circumstances as per the application form, any changes thereof, as well as the addresses of the premises and outlets where the activities will be exercised shall be entered into the public register.

In the event of any change in the registered circumstances the entities/persons must notify the Ministry of Finance within 14 days of the occurrence of the change and ask for registration of the new circumstances and the issuance of a new registration certificate by submitting the documents evidencing the change and returning the certificate of registration in the original issued already.

No entry shall be made in the register and an entry already made shall be ex-officio stricken-off and declared null and void by the registrar, when:

1. Any of the documents required pursuant to the Ordinance has been held to be invalid;

2. A sanction has been imposed on the person for violations under the Foreign Exchange Act, the tax or social security legislation (the registration shall be stricken-off ex officio after a notice from the relevant supervisory authorities);

3. Natural persons who are traders, the members of the management and supervisory bodies and unlimited partners in legal entities, as well as natural persons in respect of whom an application is filed for entry in the register for performance of the activities under the ordinance, in respect of which a registration application is made, are sentenced by a legally effective verdict for criminal offences against the ownership, criminal offences against the monetary and credit system and for criminal offences against the financial, tax and social security system pursuant to the Criminal Code.

For the registration the Ministry of Finance shall issue a certificate under a standard form as specified in Annex 2 to the Ordinance. The certificate must be put in a frame and placed in the retail establishment or workshop so as to be clearly visible.

In case of loss or destruction of the certificate issued by the Ministry of Finance the existing registration shall be stricken-off and the person shall file documents for a new registration.

6.       Sample forms to be filled in for the provision of the administrative service

A sample application as specified in Annex 1 of the Ordinance

7.       Ways of requesting the service

The service may be requested in writing or through a licensed postal operator.

8.       Information about the provision of the service by electronic means: level of service provision and internet address at which it is provided

Not applicable for the time being

9.       Period of validity of the document/the individual administrative act

Termless

10.   Fees or charges, basis for their calculation and ways of payment

The stamp duties under Article 5(2) of Tariff 12 for the stamp duties collected by the Ministry of Finance under the Stamp Duty Law are as follows:

BGN 200 - for first registration;

BGN 50 - for registering any changes in the registered circumstances;

BGN 20 - for registering of each additional site and each additional person.

The stamp duties shall be paid to the following account:

BULGARIAN NATIONAL BANK

IBAN: BG35 BNBG 9661 3000 1484 01

BIC CODE: BNBGBGSD - FOR REMITTANCE IN BGN

The payment order shall specify Article 13 of the Foreign Exchange Law as the grounds for payment.

11.   Authority exercising control over the activity of the authority providing the service

N/A

12.   Procedure, including deadlines, for appealing the actions of the authority providing the service

N/A