Page images
PDF
EPUB

cant resides or has his principal place of business. Upon receipt of the application and after making such investigation of the case as it may deem advisable, the Federal Reserve bank shall transmit to the Secretary of the Treasury the original of the application, together with any supplemental information it may deem appropriate. The Federal Reserve bank shall retain the duplicate of the application for its records.

(b) Licenses. If the issuance of a license is approved, the Federal Reserve bank which received and transmitted the application will be advised by the Secretary of the Treasury and directed to issue a license on form TGL-18. If a license is denied, the Federal Reserve bank will be so advised and shall immediately notify the applicant. The decision of the Secretary of the Treasury with respect to the granting of denying of a license shall be final. If a license is granted, the Federal Reserve bank shall thereupon note upon the duplicate of the application therefor, the date of approval and issuance and the amount of gold specified in such license.

(c) Reports. Within 7 business days of the date of disposition of the gold acquired or held under a license issued under this section, or within 7 business days of the date of export, if such exportation is authorized, the licensee shall file a report in duplicate on form TGR18 with the Federal Reserve bank through which the license was issued. Upon receipt of such report, the Federal Reserve bank shall transmit the original thereof to the Secretary of the Treasury, and retain the duplicate for its records. § 54.35 Rare gold bars.

(a) The Director, Office of Domestic Gold and Silver Operations, may issue or cause to be issued licenses or other authorizations, permitting the acquistion, holding, transportation and importation of gold bars which the Director is statisfied have been of recognized special value to collectors of numismatic items at all times since prior to April 5, 1933. Gold bars manufactured after December 31, 1900, shall be presumed not to be of such recognized special value to collectors. Application for a license under this paragraph shall be executed on Form TG-32 and filed in duplicate with the Director, Office of Domestic Gold and Silver Operations.

(b) Gold bars held pursuant to a license issued under paragraph (a) of this

section may be exported only pursuant to a separate export license issued by the Director, Office of Domestic Gold and Silver Operations. Application for such a license shall be executed on Form TG33 and filed in duplicate with the Director.

[30 F.R. 10885, Aug. 21, 1965]

Subparts F, G, and H [Reserved] Subpart 1-General License To Hold Gold Certificates

§ 54.83 General license; gold certifi

cates.

A general license is hereby granted licensing all persons subject to the jurisdiction of the United States, as defined in § 54.4(a) (13), to acquire, hold, dispose of, export and import United States gold certificates issued before January 30, 1934. This general license applies to any such gold certificates whether situated inside or outside of the United States. Such certificates shall not be redeemable in gold, but may be exchanged at the dollar face amount thereof in other coins and currencies of the United States which may be lawfully acquired and are legal tender for public and private debts.

(Sec. 3, 48 Stat. 2; 12 U.S.C. 248(n)) [29 F.R. 5557, Apr. 25, 1964]

[blocks in formation]

§ 55.1

Weight of the gold dollar.

I, Franklin D. Roosevelt, President of the United States, do hereby proclaim, order, direct, declare and fix the weight of the gold dollar to be 15 5/21 grains nine-tenths fine, from and after the date and hour of this proclamation. The weight of the silver dollar is not altered or affected in any manner by reason of this proclamation.

§ 55.2 Force and effect of President's Proclamation of January 31, 1934. This proclamation shall remain in force and effect until and unless repealed

[blocks in formation]

§ 56.1

Conditions upon which silver will

be sold. The General Services Administration, as agent for the Treasury Department, will conduct periodic sales of silver as agreed upon between GSA and the Treasury Department. Sales will be under competitive bidding procedures established by agreement between GSA and the Treasury Department. Details of the bidding and selling procedures are obtainable by telephone or by writing to General Services Administration, Property Management and Disposal Service, Industry Materials Division, Metals Project, Washington, D.C. 20405. [32 F.R. 13380, Sept. 22, 1967]

[blocks in formation]

Sec. 81.9

Reports.

81.10 Agreement relating to records. 81.11 Settlement for silver delivered.

AUTHORITY: The provisions of this Part 81 issued under secs. 104, 107, 79 Stat. 255; 31 U.S.C. 394, 897.

SOURCE: The provisions of this Part 81 appear at 32 F.R. 195, Jan. 10, 1967, unless otherwise noted.

§ 81.1

Scope.

The regulations in this part relate to the receipt by the U.S. mints and assay offices, pursuant to the provisions of section 104 of the Coinage Act of 1965, P.L. 89-81, of silver mined in the United States or any place subject to the jurisdiction thereof.

§ 81.2

Definitions.

As used in this part, the term "person" means an individual, partnership, association, or corporation. The authority conferred in the regulations in this part upon a U.S. mint or assay office is conferred upon the person locally in charge of such mint or assay office, acting in accordance with the instructions of the Secretary of the Treasury or his delegate. § 81.3 Forms.

Any form, the use of which is prescribed in this part, may be obtained at or on written request to any U.S. mint or assay office or at the Office of Domestic Gold and Silver Operations, Treasury Department, Washington, D.C. 20220.

§ 81.4

Revocation or modification.

The provisions of this part may be revoked or modified at any time.

§ 81.5 Silver which will be received.

The U.S. mints and assay offices, under the conditions hereinafter specified, and subject to the appropriate regulations governing the mints and assay offices will receive:

(a) Silver which has been mined subsequent to July 23, 1965, from natural deposits in the United States or any place subject to the jurisdiction thereof and was tendered to the mint or assay office within 1 year after the month in which the ore from which it is derived was mined;

(b) Silver which forms a part of a mixture of a newly mined domestic, secondary, and/or foreign silver provided the amount of the silver so received does not exceed that amount of the mixture

[blocks in formation]

Every person delivering silver to a U.S. mint or assay office pursuant to the provisions of this part shall file with each delivery a properly executed certificate on form TSA-100 and supporting certificate or certificates of the miner or miners on forms TSA-200 or TSA-200A, whichever is appropriate, containing the information called for in such forms. § 81.7

Evidence which may be required. Persons delivering silver under the provisions of this part shall furnish such further evidence as may from time to time be requested by the Office of Domestic Gold and Silver Operations, including affidavits, sworn reports, and sworn abstracts from books of account of any mines or any or all smelters or refineries handling such silver. § 81.8 Records.

Every person delivering silver pursuant to this part, and every person owning or operating a smelter or refinery at which silver to be delivered under this part is mixed with secondary or foreign silver, or both, shall keep accurate records of all acquisitions, by mining or otherwise, and of all dispositions of silver mined subsequent to July 23, 1965, including, among other things, records of the date when such silver was mined, acquired, and disposed of. Such records shall be available for examination by a representative of the Treasury Department until the end of the fifth calendar year (or if such person's records are kept on a fiscal year basis until the end of the fifth fiscal year) following the date of the transaction to which they relate.

§ 81.9 Reports.

Every person delivering silver to a U.S. mint or assay office pursuant to this part shall file with the Director, Office of Domestic Gold and Silver Operations on or before the 25th day of each month after the date the first delivery is made, a report on form TSA-300 covering the preceding calendar month. The first re

port shall cover the period from July 23, 1965 to the end of the calendar month preceding the date of the report.

§ 81.10

Agreement relating to records. Every person who delivers to a U.S. mint or assay office, in accordance with § 81.5(b), silver which has been mixed with secondary or foreign silver at a smelter or refinery, other than that of the person making the delivery, shall, upon request of the Director, Office of Domestic Gold and Silver Operations, also file with each delivery of such silver an agreement properly executed under oath by a duly authorized officer of such other smelter or refinery, that records will be kept in accordance with the provisions of § 81.8 and that such records will be available for examination by a representative of the Director, Office of Domestic Gold and Silver Operations for at least 5 years following the date of the transaction to which they relate. § 81.11 Settlement for silver delivered.

The U.S. mints and assay offices shall pay for silver delivered in accordance with this part at the rate of $1.25 per fine troy ounce but shall retain from such purchase price an amount equal to all mint charges.

[blocks in formation]

SOURCE: The provisions of this Part 90 appear at 35 F.R. 19177, Dec. 18, 1970, unless otherwise noted.

§ 90.1 Application and general regulations.

(a) Scope. This part prescribes policies, regulations, and charges of the U.S. Mints and Assay Offices governing the acceptance and treatment of silver deposited for purchase, under provisions of the Newly-Mined Domestic Silver Regulations of 1965, the regulations of the Office of Domestic Gold and Silver Operations (Parts 81 and 93 of this chapter, respectively) and Title 31 of the United States Code.

(b) Assaying, melting, parting and refining, and other related services. The charges for the various operations on bullion deposited, for the preparation of bars, and for the assay of samples of bullion and ores are fixed from time to time by the Director of the Mint, with the concurrence of the Secretary of the Treasury, so as to equal but not exceed in their judgment the actual average costs. The U.S. Mints and Assay Offices shall impose appropriate charges for services performed under these regulations.

(c) Metals not returned to depositors. Metals other than silver contained in bullion accepted will not be returned to the depositor, nor will credit or payment be given for them.

§ 90.2

Silver bullion which may be accepted.

The U.S. Mints and Assay Offices will accept for purchase, silver which meets the requisites set forth in Parts 81 and 93 of this chapter, and the general regulations in this part.

§ 90.3 Requisites for acceptable bullion as to fineness.

(a) Silver governed by the regulations in Parts 81 and 93 of this chapter must contain at least 600 parts of silver in 1,000, to be eligible for deposit under the regulations in this part.

(b) In addition to this requisite as to fineness, deposits in this category must also be accompanied by duly executed affidavits as evidence that such silver is eligible. Forms for this purpose are prescribed in Part 93 of this chapter. § 90.4

Return or rejection of silver deposited.

(a) Unsatisfactory silver bullion. Any silver bullion that fails to meet the necessary requisites set forth in Parts 81 and

93 of this chapter, and this part, or that is unsuitable for mint operations, shall not be accepted, but shall be returned according to provisions of paragraph (b) of this section.

(b) Return of bullion. Subject to payment in cash to the Government for charges incurred, bullion may be returned to the depositor at any time before settlement is made or payment is tendered therefor, and thereafter at the option of the superintendent of the Mint or the officer in charge of the Assay Office handling the bullion.

§ 90.5 Charges for treating and processing silver.

(a) Melting charges. A melting charge of $5 shall be imposed for the first 1,000 gross troy ounces of each deposit of bullion. An additional melting charge of 50 cents shall be imposed for each additional 100 gross troy ounces or fraction thereof. These rates shall be applied to the after melting gross weight of the deposit.

(b) Excess melting loss charge. When there is a melting loss in excess of 15 percent of the before melting weight of a deposit of bullion, an additional melting charge of $3 shall be imposed for the first 100 gross troy ounces. An additional melting charge of $1 shall be imposed in this case for each additional 100 gross troy ounces or fraction thereof. These additional rates shall be applied to the before melting gross weight of the deposit.

(c) Abnormal treatment charges. At the discretion of the superintendent of the Mint or the officer in charge of the Assay Office, deposits of bullion which require abnormal treatment shall be subjected to additional charges equal to the extra cost, including remelting and retreatment if necessary. When charges for abnormal treatment are assessed, a charge will not be made for an excess melting loss.

(d) Parting and refining charge (rate per gross troy ounce to the nearest hundredth)-Silver Bullion.

[blocks in formation]
[blocks in formation]

deposit is at least equal to the amount advanced.

(b) Statement of charges. The detailed memorandum of the weight of bullion after melting, the report of the Assayer as to fineness, the value of the bullion deposited and the amount of the charges shall be given to the depositor.

(c) Payment for silver bullion deposits. Payment for silver bullion is made, in so far as practicable, in the order in which the deposits are received, by check drawn in favor of the depositor or to such other person as he may designate. In no case is a check in payment of a deposit drawn in favor of any officer or employee of the institution where the deposit is made, and in no case may any person employed in the institution act as agent for the depositor. Checks may be sent by ordinary mail at the risk of the payee or by registered mail at his request and expense.

PART 91-REGULATIONS GOVERN-
ING CONDUCT IN OR ON THE

BUREAU OF THE MINT BUILDINGS
AND GROUNDS

Zinc Copper

§ 90.7 Transactions not subject to various treating and processing charges. (a) Deposits exempt from melting charges. (1) Uncurrent U.S. coin.

(2) Silver bullion of at least 999 thousandths fineness when a satisfactory assay can be obtained without melting.

(b) Deposits exempt from parting and refining charges. Deposits of domestic mutilated or uncurrent silver coin received in accordance with Part 100 of this chapter, are not subject to charges for parting and refining, except as provided in § 90.5. § 90.8

Settlement for transactions con

ducted.

(a) Advance settlement. When the approximate fineness of bullion containing 5,000 or more ounces of silver may be readily determined, settlement of 90 percent of the value may be made at the discretion of the superintendent or officer in charge. If the fineness is closely determined by assay, and the bullion is awaiting remelting and reassay for exact determination, settlement of 98 percent of the value may be made. Other advances may be authorized by the Secretary of the Treasury. In any case of an advance the depositor must give a written guaranty that the value of the

[blocks in formation]
« PreviousContinue »