{"id":900,"date":"2022-08-11T06:10:26","date_gmt":"2022-08-11T06:10:26","guid":{"rendered":"https:\/\/fashionradicalsnews.com\/?p=900"},"modified":"2022-08-11T06:10:26","modified_gmt":"2022-08-11T06:10:26","slug":"new-regulatory-requirement-for-jewellers","status":"publish","type":"post","link":"https:\/\/fashionradicalsnews.com\/new-regulatory-requirement-for-jewellers\/","title":{"rendered":"New Regulatory Requirement For Jewellers"},"content":{"rendered":"\n
This was a difficult topic for many so we have put together a closed document for our graduates and friends that tries to summarise some key points we understand from the guidance documents on the MinLaw Website and discussions with MinLaw:<\/strong><\/p>\n\n\n\n This was a difficult topic for many so we have put together a closed document for our graduates and friends that tries to summarise some key points we understand from the guidance documents on the MinLaw Website and discussions with MinLaw: Who does it affect?You. \u00a0Its just not worth arguing this as an individual since […]<\/p>\n","protected":false},"author":2,"featured_media":901,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,5],"tags":[219,215,216,217,218],"_links":{"self":[{"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/posts\/900"}],"collection":[{"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/comments?post=900"}],"version-history":[{"count":1,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/posts\/900\/revisions"}],"predecessor-version":[{"id":902,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/posts\/900\/revisions\/902"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/media\/901"}],"wp:attachment":[{"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/media?parent=900"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/categories?post=900"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fashionradicalsnews.com\/wp-json\/wp\/v2\/tags?post=900"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\u00a0Its just not worth arguing this as an individual since it comes down to legal interpretation and if you have do defend your interpretation in a court of law it will cost you more than the registration fee.There is a lot of reference to ‘qualifying materials’. To simplify a little, this means:
This does NOT apply to platings as the plating is less than 2% of the metal weight.<\/li>
This STILL applies to synthetic materials, freshwater pearls, etc…The wording is so broad, that unless you avoid\u00a0any<\/strong>\u00a0precious metals, and every sort of pearl, you will be in violation if you do not register. This is because the wording covers BOTH the purchase (for resale) and the sale of qualifying materials.
In particular, MinLaw clarified verbally to a group of us two points that:<\/li><\/ul>
What if your product costs $20 and is made of sterling silver and a single freshwater pearl? This is STILL a precious metal and a qualifying precious stone; you must register!
What if you have ONE product where the cost of the qualifying materials is 50% or above? You must register!
What if you sell your product at a discount – thereby changing the ratio of the cost of qualifying materials such that it is 50% of above? Register!
Wow… moneylaunderers must be getting desperate!<\/em>Is this ridiculous for fashion jewellery artists with products costing tens or hundreds of dollars?\u00a0Yes.<\/strong>
Does it mean you dont need to register?\u00a0No.<\/strong>
<\/li><\/ul><\/li>
You can find full details here:
https:\/\/acd.mlaw.gov.sg\/images\/Guidelines%20for%20regulated%20dealers_20190430.pdf<\/a>For those of you who are not at high risk of supporting money laundering activities (ie: you dont do large volumes of cash transactions) this likely means:
<\/li><\/ul><\/li>
Just take 20 minutes and do it.
It is VERY easy for Sole proprietorships and partnerships and requires a bit more documentation (eg: from your company secretary) for Private Limited Companies.
Registration does NOT require that you have documentations and procedures in place at the time of registration.
<\/li>
If you sell in Singapore less than 90 days in a year – there is no need to worry. Otherwise, you will need to get a CORP PASS for your foreign business and register.<\/li>
https:\/\/acd.mlaw.gov.sg\/registration\/<\/a><\/li>
https:\/\/www.mlaw.gov.sg\/eservices\/enquiry\/<\/a>
Yeah, its a form.
They will reply – but you cant reply to them back – just go through the form \ud83d\ude41
<\/li>
The penalty is up to $75,000 fines and\/or up to 3 years in jail.
Will someone break down your door and arrest you?
MinLaw have, again, clarified verbally that their intent is not to shut down small entrepreneurs who’se actions do not contibute at all to moneylaundering. So the risk is relatively low… but you would still be breaking the law.
<\/li>
You will be paying a high fee for no reason other than supporting the government’s initiative to regulate a different subsector of our industry that has a hi ML\/FT risk.
But… Its not ALL bad. As jewellery professionals – we FINALLY have a line in the sand that says I’m a PRO! Its a way for new business owners and small businesses to set themselves apart from (now Illegal) online sellers and ‘unregistered dealers’. It will give your customers more confidence in dealing with you, and set you apart from the competition! After all – if your customers are buying from illegal dealers, how confident can they be abotu the quality of the products, or even that the business will still be in existence in the future if they need to return the product or seek after-sales service?
<\/li>
We have a whatsapp group here:
https:\/\/chat.whatsapp.com\/FFYgGkltWI66W0Qh6oGVPK<\/a>
<\/li>
Mervyn Cheong
Partner
Advocatus Law LLP
08-01 EFG Bank Building
25 North Bridge Road
Singapore 179104
T +65 6603 9200
E\u00a0mervyn@advocatus.sg<\/a>
Please be aware that Mervyn is a professional and cannot provide free advisory services. If you contact him he can help you understand the costs of obtaining legal counsel, but will not be providing complimentary advisory services!
<\/li>
You know you are reading Tanja’s personal blog right?This is not advice.We are not lawyers, so even if it were advice, its not legal.This is our practical interpretation of the changes in legislation. If we interpret it incorrectly for our business its our problem. What you do is yours…
We take no responsibility for your own adherence to Singapore Law.<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"