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Document 02002R2368-20220825
Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
Consolidated text: Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
02002R2368 — EN — 25.08.2022 — 040.001
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COUNCIL REGULATION (EC) No 2368/2002 of 20 December 2002 (OJ L 358 31.12.2002, p. 28) |
Amended by:
Corrected by:
COUNCIL REGULATION (EC) No 2368/2002
of 20 December 2002
implementing the Kimberley Process certification scheme for the international trade in rough diamonds
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
This Regulation sets up a Union system of certification and import and export controls for rough diamonds for the purposes of implementing the Kimberley Process certification scheme.
For the purposes of the certification scheme, the territory of the Union and that of Greenland shall be considered as one entity without internal borders.
This Regulation does not prejudice or substitute any provisions in force relating to customs formalities and controls.
Article 2
For the purposes of this Regulation the following definitions shall apply:
‘Kimberley Process’ means the forum in which the participants have designed an international certification scheme for rough diamonds;
‘Kimberley Process certification scheme’ (hereinafter ‘KP certification scheme’) means the international certification scheme negotiated by the Kimberley Process as set out in Annex I;
‘Participant’ means any State, regional economic integration organisation, WTO-member or separate customs territory that fulfils the requirements of the KP certification scheme, has notified that fact to the Chair of the KP certification scheme and is listed in Annex II;
‘certificate’ means a document duly issued and validated by a participant's competent authority identifying a shipment of rough diamonds as being in compliance with the requirements of the KP certification scheme;
‘competent authority’ means the authority designated by a participant to issue, validate or verify certificates;
‘Community authority’ means a competent authority designated by a Member State and listed in Annex III;
‘Community certificate’ means a certificate corresponding to the specimen in Annex IV and issued by a Community authority;
‘conflict diamonds’ means rough diamonds as defined under the KP Certification Scheme;
‘rough diamond’ means a diamond that is unworked or simply sawn, cleaved or bruted and falls under the Harmonised Commodity Description and Coding System 7102 10 , 7102 21 and 7102 31 (hereinafter ‘HS code’);
‘imports’ means the physical entering or bringing into any part of the geographical territory of a participant;
‘export’ means the physical leaving or taking out of any part of the geographical territory of a participant;
‘shipment’ means one or more parcels;
‘parcel’ means one or more diamonds that are packed together;
‘parcel of mixed origin’ means a parcel that contains rough diamonds from two or more countries of origin;
‘Community territory’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty;
‘Certified stock’ means a stock of rough diamonds to which this Regulation applies, and whose location, volume and value, and changes therein, have been submitted to effective supervision of a Member State;
‘Customs transit’ means transit as provided for by Articles 91 to 97 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( 1 ).
CHAPTER II
IMPORT REGIME
Article 3
The import of rough diamonds into the Community ( 2 ) territory or Greenland shall be prohibited unless all of the following conditions are fulfilled:
the rough diamonds are accompanied by a certificate validated by the competent authority of a participant;
the rough diamonds are contained in tamper-resistant containers, and the seals applied at export by that participant are not broken;
the certificate clearly identifies the consignment to which it refers.
Article 4
A Community authority shall opt for either of the following methods to verify that the content of a container matches the particulars on the corresponding certificate:
it will open each container with a view to such verification; or
it will identify the containers to be opened with a view to such verification on the basis of a risk analysis or equivalent system that gives due consideration to rough diamond shipments.
Article 5
If a Community authority establishes that the conditions in Article 3 are:
fulfilled, it shall confirm this on the original certificate and provide the importer with an authenticated and forgery-resistant copy of that confirmed certificate. This confirmation procedure shall take place within 10 working days of the submission of the certificate;
not fulfilled, it shall detain the shipment.
Article 6
Article 7
Notwithstanding the provisions of Articles 3, 4 and 5, a Community authority may allow the import of rough diamonds if the importer provides conclusive evidence that those diamonds were destined for import into the Community and were exported 5 working days or less before the date of applicability of the Articles referred to in Article 29(3).
In such cases, the Community authority concerned shall issue the importer with a confirmation of legal import, to the effect that those diamonds shall be considered to have fulfilled the conditions of Article 3.
Article 8
Article 9
The Commission shall provide all Community authorities with authenticated specimens of the participants' certificates, the names and other relevant details of the participants issuing and/or validating authorities, authenticated specimens of stamps and signatures attesting that a certificate has been legally issued or validated and any other relevant information received in respect of certificates.
Article 10
For each certificate this report shall list at least:
the unique certificate number,
the name of the issuing and validating authorities,
the date of issue and validation,
the date of expiry of validity,
the country of provenance,
the country of origin, where known,
the HS code(s),
the carat weight,
the value,
the verifying Community authority,
the date of verification.
The Commission may, in accordance with the procedure referred to in Article 22(2), determine the format of this report in order to facilitate monitoring of the certification scheme's working.
CHAPTER III
EXPORT REGIME
Article 11
The export from the Community territory or Greenland of rough diamonds shall be prohibited unless both of the following conditions are fulfilled:
the rough diamonds are accompanied by a corresponding Community certificate issued and validated by a Community authority;
the rough diamonds are contained in tamper-resistant containers sealed in accordance with Article 12.
Article 12
The Community authority may issue a Community certificate to an exporter when it has established that:
the exporter has provided conclusive evidence that:
the rough diamonds for which a certificate is being requested were lawfully imported in accordance with Article 3; or
the rough diamonds for which a certificate is being requested were mined or extracted in Greenland in case the rough diamonds have not been previously exported to a participant other than the Union.
the other information requested on the certificate is correct;
the rough diamonds are effectively destined for arrival in the territory of a participant, and
the rough diamonds are to be transported in a tamper-resistant container.
A Community authority shall opt for either of the following methods to verify that the content of a container matches the particulars thereon on the certificate:
it will verify the content of each container; or
it will identify the containers, the content of which shall be verified, on the basis of a risk analysis or equivalent system that gives due consideration to rough diamond shipments.
Article 13
If an exporter is a member of a diamond organisation listed in Annex V, the Community authority may accept as conclusive evidence of lawful import into the Community a signed declaration by the exporter to that effect. Such a declaration shall contain at least the information to be given in an invoice under Article 17(2)(a)(ii).
Article 14
Article 15
For each certificate this report shall list at least:
the unique certificate number,
the name of the issuing and validating authorities,
the date of issue and validation,
the date of expiry of validity,
the country of provenance,
the country of origin, where known,
the HS code(s),
the carat weight and value.
In accordance with the procedure referred to in Article 22(2), the Commission may determine the format of the report in order to facilitate monitoring of the certification scheme's working.
They shall provide the Commission or persons or bodies designated by the Commission with access to those authenticated copies and this information, in particular with a view to answering questions raised within the framework of the KP certification scheme.
Article 16
CHAPTER IV
INDUSTRY SELF-REGULATION
Article 17
When applying for listing, an organisation shall:
provide conclusive evidence that adopted rules and regulations whereby its members dealing in rough diamonds, whether natural or legal persons, undertake that they will, at the latest from the date of applicability of the Articles referred to in Article 29(3):
sell only diamonds purchased from legitimate sources in compliance with the provisions of relevant United Nations Security Council Resolutions and of the Kimberley Process Certification Scheme and guarantee in writing on the invoice accompanying each sale of rough diamonds that, on the basis of their personal knowledge and/or written warranties provided by the supplier of such rough diamonds, the rough diamonds sold are therefore not conflict diamonds;
see that each sale of rough diamonds is accompanied by an invoice containing the said signed guarantee unequivocally identifying the seller and buyer and their registered offices, containing the VAT identification number of the seller, where applicable, the quantity/weight and qualification of the goods sold, the value of the transaction and the date of delivery;
not buy rough diamonds from suspect or unknown sources of supply and/or rough diamonds originating in non-participants in the KP certification scheme;
not buy rough diamonds from any source found, after legally binding due process, to have violated government laws and regulations concerning the trade in conflict diamonds;
not buy rough diamonds in, or from, any region that is the subject of an advisory notice from a governmental or KP certification scheme authority to the effect that conflict diamonds are emanating from, or are available for sale in, that region;
not knowingly buy, sell or assist others in buying or selling conflict diamonds;
ensure that all employees buying or selling rough diamonds within the diamond trade are fully informed of trade resolutions and government regulations restricting the trade in conflict diamonds;
create and maintain for at least three years records of invoices received from suppliers and issued to customers;
instruct an independent auditor to certify that these records have been created and maintained accurately and either that it has identified no transactions which failed to comply with the undertakings referred to in (i) to (viii) or that any transaction which failed to comply with such undertakings has been duly reported to the appropriate Community authority;
and
provide conclusive evidence that is has adopted rules and regulations which oblige the organisation:
to expel any member found, after a due process inquiry by the organisation itself, to have seriously violated the abovementioned undertakings; and
to publicise that member's expulsion and notify the Commission thereof;
to make known to all its members all governmental and KP certification scheme laws, regulations and guidelines regarding conflict diamonds and the names of any natural or legal person found guilty, after legally binding due process, of violating these laws and regulations;
and
provide the Commission and the appropriate Community authority with a complete list of all its members dealing in rough diamonds, including full names, addresses, location and other information which will contribute to avoiding mistaken identities.
A listed organisation or a member thereof shall provide the relevant Community authority with access to any information that may be needed to assess the proper functioning of the system of warranties and industry self-regulation. Where circumstances justify, that Community authority may require additional guarantees that an organisation is able to maintain a credible system.
The appropriate Community authority shall report its assessment to the Commission on an annual basis.
If the Commission has credible information that a listed organisation or a member thereof is infringing the provisions of this Article, it shall request an assessment of the situation by the Community authority of a Member State in which the organisation or its member is resident or established. Upon such request, the relevant Community authority shall promptly inquire into the matter and duly inform the Commission of its findings.
If the Commission, on the basis of reports, assessments or other pertinent information, comes to the conclusion that a system of warranties and industry self-regulation does not function properly, and the issue has not been addressed adequately, the Commission shall take the necessary measures in accordance with the procedure referred to in Article 22(2).
CHAPTER V
TRANSIT
Article 18
Articles 4, 11, 12, and 14 shall not apply to rough diamonds which enter the Community territory or Greenland solely for the purposes of transit to a participant outside those territories, on condition that neither the original container in which rough diamonds are being transported nor the original accompanying certificate issued by a competent authority of a participant has been tampered with at entry into or exit from the Community territory or Greenland, and the transit purpose is clearly attested by the accompanying certificate.
CHAPTER VI
GENERAL PROVISIONS
Article 19
Article 20
On the basis of relevant Information provided to the Chair of the KP certification scheme and/or by participants, the Commission may amend the list of participants and their competent authorities.
Article 21
Article 22
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at ten working days.
Article 23
The Committee referred to in Article 22 may examine any question concerning the application of this Regulation. Such questions may be raised either by the chairman or by a representative of a Member State or Greenland.
Article 24
Article 25
Information supplied in accordance with this Regulation shall be used only for the purposes for which it was provided.
Information which is by nature confidential or which is provided on a confidential basis shall be covered by the obligation of professional secrecy. It shall not be disclosed by the Commission without the express permission of the person providing it.
Communication of such information shall however be permitted where the Commission is obliged or authorised to do so, in particular in connection with legal proceedings. Such communication must take into account the legitimate interests of the person concerned that his or her business secrets should not be divulged.
This Article shall not preclude the disclosure of general information by the Commission. Such disclosure shall not be permitted if this is incompatible with the original purpose of such information.
In the event of a breach of confidentiality, the originator of the information shall be entitled to obtain that it be deleted, disregarded or rectified, as the case may be.
Article 26
Compliance with this Regulation does not discharge any natural or legal person from compliance, fully or partially, with any other obligation under other Community or national legislation.
Article 27
Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive and shall be capable of preventing those responsible for the infringement from obtaining any economic benefit from their action.
Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall, where relevant, be those determined by the Member States in order to give effect to Article 5 of Regulation (EC) No 303/2002.
Article 28
This Regulation shall apply:
within the Community territory, including its airspace, or on board any aircraft or any vessel under the jurisdiction of a Member State;
to any national of a Member State, and to any legal person, entity, or body which is incorporated or constituted under the law of a Member State.
Article 29
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Kimberley Process Certification Scheme
PREAMBLE
PARTICIPANTS,
RECOMMEND THE FOLLOWING PROVISIONS:
SECTION I
Definitions
For the purposes of the international certification scheme for rough diamonds (hereinafter referred to as ‘the Certification Scheme’) the following definitions apply:
SECTION II
The Kimberley Process Certificate
Each Participant should ensure that:
a Kimberley Process Certificate (hereafter referred to as the Certificate) accompanies each shipment of rough diamonds on export;
its processes for issuing Certificates meet the minimum standards of the Kimberley Process as set out in Section IV;
Certificates meet the minimum requirements set out in Annex I. As long as these requirements are met, Participants may at their discretion establish additional characteristics for their own Certificates, for example their form, additional data or security elements;
it notifies all other Participants through the Chair of the features of its Certificate as specified in Annex I, for purposes of validation.
SECTION III
Undertakings in respect of the international trade in rough diamonds
Each Participant should:
with regard to shipments of rough diamonds exported to a Participant, require that each such shipment is accompanied by a duly validated Certificate;
with regard to shipments of rough diamonds imported from a Participant:
ensure that no shipment of rough diamonds is imported from or exported to a non-Participant;
recognise that Participants through whose territory shipments transit are not required to meet the requirement of paragraphs (a) and (b) above, and of Section II (a) provided that the designated authorities of the Participant through whose territory a shipment passes, ensure that the shipment leaves its territory in an identical state as it entered its territory (i.e. unopened and not tampered with).
SECTION IV
Internal controls
Undertakings by Participants
Each Participant should:
establish a system of internal controls designed to eliminate the presence of conflict diamonds from shipments of rough diamonds imported into and exported from its territory;
designate an Importing and an Exporting Authority(ies);
ensure that rough diamonds are imported and exported in tamper resistant containers;
as required, amend or enact appropriate laws or regulations to implement and enforce the Certification Scheme and to maintain dissuasive and proportional penalties for transgressions;
collect and maintain relevant official production, import and export data, and collate and exchange such data in accordance with the provisions of Section V.
when establishing a system of internal controls, take into account, where appropriate, the further options and recommendations for internal controls as elaborated in Annex II.
Principles of Industry Self-Regulation
Participants understand that a voluntary system of industry self-regulation, as referred to in the Preamble of this Document, will provide for a system of warranties underpinned through verification by independent auditors of individual companies and supported by internal penalties set by industry, which will help to facilitate the full traceability of rough diamond transactions by government authorities.
SECTION V
Cooperation and transparency
Participants should:
provide to each other through the Chair information identifying their designated authorities or bodies responsible for implementing the provisions of this Certification Scheme. Each Participant should provide to other Participants through the Chair information, preferably in electronic format, on its relevant laws, regulations, rules, procedures and practices, and update that information as required. This should include a synopsis in English of the essential content of this information;
compile and make available to all other Participants through the Chair statistical data in line with the principles set out in Annex III;
exchange on a regular basis experiences and other relevant information, including on self-assessment, in order to arrive at the best practice in given circumstances;
consider favourably requests from other Participants for assistance to improve the functioning of the Certification Scheme within their territories;
inform another Participant through the Chair if it considers that the laws, regulations, rules, procedures or practices of that other Participant do not ensure the absence of conflict diamonds in the exports of that other Participant;
cooperate with other Participants to attempt to resolve problems which may arise from unintentional circumstances and which could lead to non-fulfilment of the minimum requirements for the issuance or acceptance of the Certificates, and inform all other Participants of the essence of the problems encountered and of solutions found;
encourage, through their relevant authorities, closer cooperation between law enforcement agencies and between customs agencies of Participants.
SECTION VI
Administrative matters
MEETINGS
1. Participants and Observers are to meet in Plenary annually, and on other occasions as Participants may deem necessary, in order to discuss the effectiveness of the Certification Scheme.
2. Participants should adopt Rules of Procedure for such meetings at the first Plenary meeting.
3. Meetings are to be held in the country where the Chair is located, unless a Participant or an international organisation offers to host a meeting and this offer has been accepted. The host country should facilitate entry formalities for those attending such meetings.
4. At the end of each Plenary meeting, a Chair would be elected to preside over all Plenary meetings, ad hoc working groups and other subsidiary bodies, which might be formed until the conclusion of the next annual Plenary meeting.
5. Participants are to reach decisions by consensus. In the event that consensus proves to be impossible, the Chair is to conduct consultations.
ADMINISTRATIVE SUPPORT
6. For the effective administration of the Certification Scheme, administrative support will be necessary. The modalities and functions of that support should be discussed at the first Plenary meeting, following endorsement by the UN General Assembly.
7. Administrative support could include the following functions:
to serve as a channel of communication, information sharing and consultation between the Participants with regard to matters provided for in this Document;
to maintain and make available for the use of all Participants a collection of those laws, regulations, rules, procedures, practices and statistics notified pursuant to Section V;
to prepare documents and provide administrative support for Plenary and working group meetings;
to undertake such additional responsibilities as the Plenary meetings, or any working group delegated by Plenary meetings, may instruct.
PARTICIPATION
8. Participation in the Certification Scheme is open on a global, non-discriminatory basis to all Applicants willing and able to fulfill the requirements of that Scheme.
9. Any applicant wishing to participate in the Certification Scheme should signify its interest by notifying the Chair through diplomatic channels. This notification should include the information set forth in paragraph (a) of Section V and be circulated to all Participants within one month.
10. Participants intend to invite representatives of civil society, the diamond industry, non-participating governments and international organisations to participate in Plenary meetings as Observers.
PARTICIPANT MEASURES
11. Participants are to prepare, and make available to other Participants, in advance of annual Plenary meetings of the Kimberley Process, information as stipulated in paragraph (a) of Section V outlining how the requirements of the Certification Scheme are being implemented within their respective jurisdictions.
12. The agenda of annual Plenary meetings is to include an item where information as stipulated in paragraph (a) of Section V is reviewed and Participants can provide further details of their respective systems at the request of the Plenary.
13. Where further clarification is needed, Participants at Plenary meetings, upon recommendation by the Chair, can identify and decide on additional verification measures to be undertaken. Such measures are to be implemented in accordance with applicable national and international law. These could include, but need not be limited to measures such as:
requesting additional information and clarification from Participants;
review missions by other Participants or their representatives where there are credible indications of significant non-compliance with the Certification Scheme.
14. Review missions are to be conducted in an analytical, expert and impartial manner with the consent of the Participant concerned. The size, composition, terms of reference and time-frame of these missions should be based on the circumstances and be established by the Chair with the consent of the Participant concerned and in consultation with all Participants.
15. A report on the results of compliance verification measures is to be forwarded to the Chair and to the Participant concerned within three weeks of completion of the mission. Any comments from that Participant as well as the report, are to be posted on the restricted access section of an official Certification Scheme website no later than three weeks after the submission of the report to the Participant concerned. Participants and Observers should make every effort to observe strict confidentiality regarding the issue and the discussions relating to any compliance matter.
COMPLIANCE AND DISPUTE PREVENTION
16. In the event that an issue regarding compliance by a Participant or any other issue regarding the implementation of the Certification Scheme arises, any concerned Participant may so inform the Chair, who is to inform all Participants without delay about the said concern and enter into dialogue on how to address it. Participants and Observers should make every effort to observe strict confidentiality regarding the issue and the discussions relating to any compliance matter.
MODIFICATIONS
17. This document may be modified by consensus of the Participants.
18. Modifications may be proposed by any Participant. Such proposals should be sent in writing to the Chair, at least ninety days before the next Plenary meeting, unless otherwise agreed.
19. The Chair is to circulate any proposed modification expeditiously to all Participants and Observers and place it on the agenda of the next annual Plenary meeting.
REVIEW MECHANISM
20. Participants intend that the Certification Scheme should be subject to periodic review, to allow Participants to conduct a thorough analysis of all elements contained in the scheme. The review should also include consideration of the continuing requirement for such a scheme, in view of the perception of the Participants, and of international organisations, in particular the United Nations, of the continued threat posed at that time by conflict diamonds. The first such review should take place no later than three years after the effective starting date of the Certification Scheme. The review meeting should normally coincide with the annual Plenary meeting, unless otherwise agreed.
THE START OF THE IMPLEMENTATION OF THE SCHEME
21. The Certification Scheme should be established at the Ministerial Meeting on the Kimberley Process Certification Scheme for Rough Diamonds in Interlaken on 5 November 2002.
Annex I to ANNEX I
CERTIFICATES
A. Minimum requirements for Certificates
A Certificate is to meet the following minimum requirements:
B. Optional Certificate Elements
A Certificate may include the following optional features:
C. Optional Procedures
Rough diamonds may be shipped in transparent security bags.
The unique Certificate number may be replicated on the container.
Annex II to ANNEX I
RECOMMENDATIONS AS PROVIDED FOR IN SECTION IV, PARAGRAPH (F)
General Recommendations
1. Participants may appoint an official coordinator(s) to deal with the implementation of the Certification Scheme.
2. Participants may consider the utility of complementing and/or enhancing the collection and publication of the statistics identified in Annex III based on the contents of Kimberley Process Certificates.
3. Participants are encouraged to maintain the information and data required by Section V on a computerised database.
4. Participants are encouraged to transmit and receive electronic messages in order to support the Certification Scheme.
5. Participants that produce diamonds and that have rebel groups suspected of mining diamonds within their territories are encouraged to identify the areas of rebel diamond mining activity and provide this information to all other Participants. This information should be updated on a regular basis.
6. Participants are encouraged to make known the names of individuals or companies convicted of activities relevant to the purposes of the Certification Scheme to all other Participants through the Chair.
7. Participants are encouraged to ensure that all cash purchases of rough diamonds are routed through official banking channels, supported by verifiable documentation.
8. Participants that produce diamonds should analyse their diamond production under the following headings:
Recommendations for Control over Diamond Mines
9. Participants are encouraged to ensure that all diamond mines are licensed and to allow only those mines so licensed to mine diamonds.
10. Participants are encouraged to ensure that prospecting and mining companies maintain effective security standards to ensure that conflict diamonds do not contaminate legitimate production.
Recommendations for Participants with Small-scale Diamond Mining
11. All artisanal and informal diamond miners should be licensed and only those persons so licensed should be allowed to mine diamonds.
12. Licensing records should contain the following minimum information: name, address, nationality and/or residence status and the area of authorised diamond mining activity.
Recommendations for Rough Diamond Buyers, Sellers and Exporters
13. All diamond buyers, sellers, exporters, agents and courier companies involved in carrying rough diamonds should be registered and licensed by each Participant's relevant authorities.
14. Licensing records should contain the following minimum information: name, address and nationality and/or residence status.
15. All rough diamond buyers, sellers and exporters should be required by law to keep for a period of five years daily buying, selling or exporting records listing the names of buying or selling clients, their license number and the amount and value of diamonds sold, exported or purchased.
16. The information in paragraph 14 above should be entered into a computerised database, to facilitate the presentation of detailed information relating to the activities of individual rough diamond buyers and sellers.
Recommendations for Export Processes
17. A exporter should submit a rough diamond shipment to the relevant Exporting Authority.
18. The Exporting Authority is encouraged, prior to validating a Certificate, to require an exporter to provide a declaration that the rough diamonds being exported are not conflict diamonds.
19. Rough diamonds should be sealed in a tamper proof container together with the Certificate or a duly authenticated copy. The Exporting Authority should then transmit a detailed e-mail message to the relevant Importing Authority containing information on the carat weight, value, country of origin or provenance, importer and the serial number of the Certificate.
20. The Exporting Authority should record all details of rough diamond shipments on a computerised database.
Recommendations for Import Processes
21. The Importing Authority should receive an e-mail message either before or upon arrival of a rough diamond shipment. The message should contain details such as the carat weight, value, country of origin or provenance, exporter and the serial number of the Certificate.
22. The Importing Authority should inspect the shipment of rough diamonds to verify that the seals and the container have not been tampered with and that the export was performed in accordance with the Certification Scheme.
23. The Importing Authority should open and inspect the contents of the shipment to verify the details declared on the Certificate.
24. Where applicable and when requested, the Importing Authority should send the return slip or import confirmation coupon to the relevant Exporting Authority.
25. The Importing Authority should record all details of rough diamond shipments on a computerised database.
Recommendations on Shipments to and from Free Trade Zones
26. Shipments of rough diamonds to and from free trade zones should be processed by the designated authorities.
Annex III to ANNEX I
STATISTICS
Recognising that reliable and comparable data on the production and the international trade in rough diamonds are an essential tool for the effective implementation of the Certification Scheme, and particularly for identifying any irregularities or anomalies which could indicate that conflict diamonds are entering the legitimate trade, Participants strongly support the following principles, taking into account the need to protect commercially sensitive information:
to keep and publish within two months of the reference period and in a standardised format, quarterly aggregate statistics on rough diamond exports and imports, as well as the numbers of certificates validated for export, and of imported shipments accompanied by Certificates;
to keep and publish statistics on exports and imports, by origin and provenance wherever possible; by carat weight and value; and under the relevant Harmonised Commodity Description and Coding System (HS) classifications 7102 10 ; 7102 21 ; 7102 31 ;
to keep and publish on a semi-annual basis and within two months of the reference period statistics on rough diamond production by carat weight and by value. In the event that a Participant is unable to publish these statistics it should notify the Chair immediately;
to collect and publish these statistics by relying in the first instance on existing national processes and methodologies;
to make these statistics available to an intergovernmental body or to another appropriate mechanism identified by the Participants for (1) compilation and publication on a quarterly basis in respect of exports and imports, and (2) on a semi-annual basis in respect of production. These statistics are to be made available for analysis by interested parties and by the Participants, individually or collectively, according to such terms of reference as may be established by the Participants;
to consider statistical information pertaining to the international trade in and production of rough diamonds at annual Plenary meetings, with a view to addressing related issues, and to supporting effective implementation of the Certification Scheme.
ANNEX II
List of participants in the Kimberley Process certification scheme and their respective competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20
ANGOLA
Ministry of Mineral Resources and Petroleum and Gas
Av. 4 de Fevereiro no 105
1279 Luanda
Angola
Export authority:
Ministry of Industry and Trade
Largo 4 de Fevereiro #3
Edifício Palacio de vidro
1242 Luanda
Angola
ARMENIA
Department of Gemstones and Jewellery
Ministry of Economy
M. Mkrtchyan 5
Yerevan
Armenia
AUSTRALIA
Department of Foreign Affairs and Trade
Investment and Business Engagement Division
R.G. Casey Building
John McEwen Crescent
Barton ACT 0221
Australia Import and export authority:
Department of Home Affairs
Customs and Trade Policy Branch
Australian Border Force
3 Molonglo Drive
Brindabella Business Park
Canberra ACT 2609
Australia
Department of Industry, Science, Energy and Resources
GPO Box 2013
Canberra ACT 2601
Australia
BANGLADESH
Export Promotion Bureau
TCB Bhaban
1, Karwan Bazaar
Dhaka
Bangladesh
BELARUS
Ministry of Finance
Department for Precious Metals and Precious Stones
Sovetskaja Str, 7
220010 Minsk
Republic of Belarus
BOTSWANA
Ministry of Minerals, Green Technology and Energy Security (MMGE)
Fairgrounds Office Park, Plot No 50676 Block C
P/Bag 0018
Gaborone
Botswana
Import and Export Authority:
Diamond Hub
Diamond Technology Park
Plot 67782, Block 8 Industrial
Gaborone
Botswana
BRAZIL
Ministry of Mines and Energy
Esplanada dos Ministérios, Bloco‘U’, 4o andar
70065, 900 Brasilia, DF
Brazil
CAMBODIA
Ministry of Commerce
Lot 19–61, MOC Road (113 Road), Phum Teuk Thla, Sangkat Teuk Thla
Khan Sen Sok, Phnom Penh
Cambodia
CAMEROON
National Permanent Secretariat for the Kimberley Process
Ministry of Mines, Industry and Technological Development
Intek Building, 6th floor,
Navik Street
BP 35601 Yaounde
Cameroon
CANADA
International:
Global Affairs Canada Natural Resources and Governance Division (MES) 125 Sussex Drive Ottawa, Ontario K1A 0G2
Canada
For General Enquiries at Natural Resources Canada:
Kimberley Process Office
Lands and Minerals Sector Natural Resources Canada (NRCan)
580 Booth Street, 10th floor
Ottawa, Ontario
Canada K1A 0E4
CENTRAL AFRICAN REPUBLIC
Secrétariat permanent du processus de Kimberley
BP: 26 Bangui
Central African Republic
CHINA, People’s Republic of
Department of Duty Collection
General Administration of China Customs (GACC)
No 6 Jianguomen Nie Rev.
Dongcheng District, Beijing 100730
People’s Republic of China
HONG KONG, Special Administrative Region of the People’s Republic of China
Department of Trade and Industry
Hong Kong Special Administrative Region
People’s Republic of China
Room 703, Trade and Industry Tower
700 Nathan Road
Kowloon
Hong Kong
China
MACAO, Special Administrative Region of the People’s Republic of China
Macao Economic Bureau
Government of the Macao Special Administrative Region
Rua Dr Pedro José Lobo, no. 1–3, 25th Floor
Macao
CONGO, Democratic Republic of
Centre d’Expertise, d’Évaluation et de Certification des Substances Minérales Précieuses et Semi-précieuses (CEEC)
3989, avenue des Cliniques
Kinshasa/Gombe
Democratic Republic of Congo
CONGO, Republic of
Bureau d’Expertise, d’Évaluation et de Certification des Substances Minérales Précieuses (BEEC)
BP 2787
Brazzaville
Republic of Congo
COTE D’IVOIRE
Ministère des Mines et de la Géologie
Secrétariat Permanent de la Représentation en Côte d’Ivoire du Processus de Kimberley (SPRPK-CI)
B.P 65 Abidjan
Côte d’Ivoire
ESWATINI
Office for the Commissioner of Mines
Minerals and Mines Departments, Third Floor Lilunga Building (West Wing),
Somhlolo Road,
Mbabane
Eswatini
EUROPEAN UNION
European Commission
Service for Foreign Policy Instruments
Office EEAS
B-1049 Bruxelles/Brussel
Belgium
GABON
Centre Permanent du Processus de Kimberley (CPPK)
Ministry of Equipment, Infrastructure, and Mines
Immeuble de la Géologie, 261 rue Germain Mba
B.P. 284/576
Libreville
Gabon
GHANA
Ministry of Lands and Natural Resources
Accra P.O. Box M 212
Ghana
Import and export authority:
Precious Minerals Marketing Company Ltd (PMMC)
Diamond House
PO Box M.108
Accra
Ghana
GUINEA
Ministry of Mines and Geology
Boulevard du Commerce – BP 295
Quartier Almamya/Commune de Kaloum
Conakry
Guinea
GUYANA
Geology and Mines Commission
P O Box 1028
Upper Brickdam
Stabroek
Georgetown
Guyana
INDIA
Government of India, Ministry of Commerce & Industry
Udyog Bhawan
New Delhi 110 011
India
Import and export authority:
The Gem & Jewellery Export Promotion Council
KP Exporting/Importing Authority
Tower A, AW-1010, Baharat Diamond Bourse
Opp NABARD Bank, Bandra Kurla Complex
Bandra (E), Mumbai – 400 051
India
INDONESIA
Directorate of Export and Import Facility, Ministry of Trade M. I. Ridwan Rais Road, No 5 Blok I Iantai 4
Jakarta Pusat Kotak Pos. 10110
Jakarta
Indonesia
ISRAEL
Ministry of Economy and Industry Office of the Diamond Controller
3 Jabotinsky Road
Ramat Gan 52520
Israel
JAPAN
Agency for Natural Resources and Energy
Mineral and Natural Resources Division
Ministry of Economy, Trade and Industry
1-3-1 Kasumigaseki, Chiyoda-ku
100-8901 Tokyo
Japan
KAZAKHSTAN
Ministry of Industry and Infrastructural Development of the Republic of Kazakhstan
Industrial Development Committee
32/1 Kabanbai Batyr Ave. Nur-Sultan
Republic of Kazakhstan
KOREA, Republic of
Ministry of Foreign Affairs
United Nations Division 60 Sajik-ro 8-gil
Jongno-gu
Seoul 03172
Korea
KYRGYZSTAN
Ministry of and Finance of the Kyrgyz Republic
Department of Precious Metals
Samanchina street 6
Bishkek 720020
Kyrgyz Republic
LAOS, People’s Democratic Republic of
Department of Import and Export
Ministry of Industry and Commerce
Phonxay road, Saisettha District
Vientiane, Lao PDR
P.O Box: 4107
Laos
LEBANON
Ministry of Economy and Trade
Lazariah Building
Down Town
Beirut
Lebanon
LESOTHO
Department of Mines
Ministry of Mining
Corner Constitution and Parliament Road
P.O. Box 750
Maseru 100
Lesotho
LIBERIA
Government Diamond Office
Ministry of Mines and Energy
Capitol Hill
P.O. Box 10-9024
1000 Monrovia 10
Liberia
MALAYSIA
Ministry of International Trade and Industry
MITI Tower,
No 7, Jalan Sultan Haji Ahmad Shah
50480 Kuala Lumpur
Malaysia
Import and export authority:
Royal Malaysian Customs Department
Jabatan Kastam Diraja Malaysia,
Kompleks Kementerian Kewangan No 3,
Persiaran Perdana,
Presint 2, 62596 Putrajaya,
Malaysia.
MALI
Ministère des Mines
Bureau d’Expertise d’Évaluation et de Certification des Diamants Bruts
Cité administrative, P.O. BOX: 1909
Bamako
République du Mali
MAURITIUS
Import Division
Ministry of Industry, Commerce & Consumer Protection
2nd Floor, SICOM Tower
Wall Street
Ebene
Mauritius
MEXICO
Ministry of Economy
Directorate-General for Market Access of Goods SE.
189 Pachuca Street, Condesa, 17th Floor
Mexico City, 06140
Mexico
Import and export authority:
Directorate-General for Trade Facilitation and Foreign Trade
SE. Undersecretary of Industry and Trade
1940 South Insurgentes Avenue, PH floor
Mexico City, 01030
Mexico
SHCP-AGA. Strategic Planning and Coordination
Customs Administration ‘2’
160 Lucas Alaman Street, Obrera
Mexico City, 06800
Mexico
MOZAMBIQUE
Ministry Mineral Resources and Energy
Av. Fernão de Magalhães №.34, 1° andar
Maputo
Mozambique
Import and Export Authority:
UGPK
Praca 25 de Junho, №.380 3° andar
Maputo
Mozambique
Department of Licencing and Exchange Control (DLC)
Av. 25 de Setembro, n° 1695, caixa postal n° 423
Maputo
Mozambique
NAMIBIA
The Government of Republic of Namibia Ministry of Mines and Energy
Directorate of Diamond Affairs Private Bag 13297
1st Aviation Road (Eros Airport)
Windhoek
Namibia
NEW ZEALAND
Middle East and Africa Division
Ministry of Foreign Affairs and Trade
Private Bag 18 901
Wellington
New Zealand
Import and export authority:
New Zealand Customs Service
1 Hinemoa Street
PO box 2218
Wellington 6140
New Zealand
NORWAY
Ministry of Foreign Affairs
Department for Regional Affairs
The budget and coordination unit
Box 8114 Dep
0032 Oslo, Norway
Import and export authority:
The Directorate of Norwegian Customs
Postboks 2103 Vika
N-0125 Oslo, Norway
PANAMA
National Customs Authority
Panama City, Curundu, Dulcidio Gonzalez Avenue, building # 1009
Republic of Panama
QATAR
Qatar Free Zones Authority – Business and Innovation Park (QFZA/BIP)
Building No 1
Zone 49
Street 504
Qatar
RUSSIAN FEDERATION
International:
Ministry of Finance
9, Ilyinka Street
109097 Moscow
Russian Federation
Import and Export Authority:
Gokhran of Russia
14, 1812 Goda St.
121170 Moscow
Russian Federation
SIERRA LEONE
Ministry of Mines and Mineral Resources
Youyi Building
Brookfields
Freetown
Sierra Leone
Import and export authority:
National Minerals Agency
New England Ville
Freetown
Sierra Leone
SINGAPORE
Ministry of Trade and Industry
100 High Street
#09-01, The Treasury
Singapore 179434
Import and Export authority:
Singapore Customs
55 Newton Road
#06-02 Revenue House
Singapore 307987
SOUTH AFRICA
South African Diamond and Precious Metals Regulator
251 Fox Street
Doornfontein 2028
Johannesburg
South Africa
SRI LANKA
National Gem and Jewellery Authority
25, Galle Face Terrace
Post Code 00300
Colombo 03
Sri Lanka
SWITZERLAND
State Secretariat for Economic Affairs (SECO)
Sanctions Unit
Holzikofenweg 36
CH-3003 Berne/Switzerland
TAIWAN, PENGHU, KINMEN AND MATSU, SEPARATE CUSTOMS TERRITORY
Export/Import Administration Division
Bureau of Foreign Trade
Ministry of Economic Affairs
1, Hu Kou Street
Taipei, 100
Taiwan
TANZANIA
Mining Commission
Ministry of Energy and Minerals
P.O BOX 2292
40744 Dodoma
Tanzania
THAILAND
Department of Foreign Trade
Ministry of Commerce
563 Nonthaburi Road
Muang District, Nonthaburi 11000
Thailand
TOGO
The Ministry of Mines and Energy
Head Office of Mines and Geology
216, Avenue Sarakawa
B.P. 356
Lomé
Togo
TURKEY
Foreign Exchange Department
Ministry of Treasury and Finance
T.C. Bașbakanlık Hazine
Müsteșarlığı İnönü Bulvarı No 36
06510 Emek, Ankara
Turkey
Import and Export Authority:
Istanbul Gold Exchange/Borsa Istanbul Precious Metals and Diamond
Market (BIST)
Borsa İstanbul, Resitpasa Mahallesi,
Borsa İstanbul Caddesi No 4
Sariyer, 34467, Istanbul
Turkey
UKRAINE
Ministry of Finance
State Gemological Centre of Ukraine
38–44, Degtyarivska St.
Kyiv 04119
Ukraine
UNITED ARAB EMIRATES
U.A.E. Kimberley Process Office
Dubai Multi Commodities Centre
Dubai Airport Free Zone
Emirates Security Building
Block B, 2nd Floor, Office # 20
P.O. Box 48800
Dubai
United Arab Emirates
UNITED KINGDOM ( 3 )
Government Diamond Office
Conflict Department
Room WH1.214
Foreign, Commonwealth & Development Office
King Charles Street
London
SW1A 2AH
United Kingdom
UNITED STATES OF AMERICA
United States Kimberley Process Authority
U.S. Department of State
Bureau of Economic and Business Affairs
2201 C Street, NW
Washington DC 20520
United States of America
Import and export authority:
U.S. Customs and Border Protection
Office of Trade
1400 L Street, NW
Washington, DC 20229
United States of America
U.S. Census Bureau
4600 Silver Hill Road
Room 5K167
Washington, DC 20233
United States of America
VENEZUELA
Central Bank of Venezuela
36 Av. Urdaneta, Caracas, Capital District
Caracas
ZIP Code 1010
Venezuela
VIETNAM
Ministry of Industry and Trade
Agency of Foreign Trade 54 Hai Ba Trung
Hoan Kiem
Hanoi
Vietnam
ZIMBABWE
Principal Minerals Development Office
Ministry of Mines and Mining Development
6th Floor, ZIMRE Centre
Cnr L.Takawira St/K. Nkrumah Ave.
Harare
Zimbabwe
Import and export authority:
Zimbabwe Revenue Authority
Block E 5th Floor, Mhlahlandlela Complex
Cnr Basch Street/10th Avenue
Bulawayo
Zimbabwe
Minerals Marketing Corporation of Zimbabwe
90 Mutare road,
Msasa
PO Box 2628
Harare
Zimbabwe
ANNEX III
List of Member States’ competent authorities and their tasks as referred to in Articles 2 and 19
BELGIUM
Federale Overheidsdienst Economie, KMO, Middenstand en Energie, Algemene Directie Economische Analyses en Internationale Economie, Dienst Vergunningen
Service Public Fédéral Économie, PME, Classes moyennes et Énergie, Direction générale des Analyses économiques et de l’Économie internationale, Service Licences
(Federal Public Service Economy SME’s, Self-employed and Energy, Directorate-General for Economic Analyses & International Economy)
Entrepotplaats 1 – box 5
B-2000 Antwerpen
Belgium
Tel. +32 (0)2 277 54 59
Fax +32 (0)2 277 54 61 or +32 (0)2 277 98 70
Email: kpcs-belgiumdiamonds@economie.fgov.be
In Belgium the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002 and the customs treatment will only be done at:
The Diamond Office
Hoveniersstraat 22
B-2018 Antwerpen
Belgium
CZECHIA
In Czechia the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002 and the customs treatment will only be done at:
Generální ředitelství cel
Budějovická 7
140 96 Praha 4
Česká republika
Tel. (420-2) 61 33 38 41, (420-2) 61 33 38 59, cell (420-737) 213 793
Fax (420-2) 61 33 38 70
Email: diamond@cs.mfcr.cz
Permanent service at designated custom office – Praha Ruzyně
Tel. (420-2) 20 113 788 (Mondays to Fridays -7:30am – 15:30pm)
Tel. (420-2) 20 119 678 (Saturdays, Sundays and rest – 15:30pm – 7:30am)
GERMANY
In Germany the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002, including the issuing of Community certificates, will only be done at the following authority:
Hauptzollamt Koblenz
Zollamt Idar-Oberstein
Zertifizierungsstelle für Rohdiamanten
Saarstraße 2
D-55743 Idar-Oberstein
Germany
Tel. +49 261-98376-9400
Fax +49 261-98376-9419
Email: poststelle.za-idar-oberstein@zoll.bund.de
For the purpose of Articles 5(3), 6, 9, 10, 14(3), 15 and 17 of this Regulation, concerning in particular reporting obligations to the Commission, the following authority shall act as competent German authority:
Generalzolldirektion
– Direktion VI –
Recht des grenzüberschreitenden Warenverkehrs/Besonderes Zollrecht
Krelingstraβe 50
D-90408 Nürnberg
Germany
Tel. +49 228 303-49874
Fax +49 228 303-99106
Email: DVIA3.gzd@zoll.bund.de
IRELAND
The Kimberley Process and Responsible Minerals Authority
Exploration and Mining Division
Department of Communications, Climate Action and Environment
29–31 Adelaide Road
Dublin
D02 X285
Ireland
Tel. +353 1 678 2000
Email: KPRMA@DCCAE.gov.ie
ITALY
In Italy the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002, including the issuing of Community certificates, will only be done at the following authority:
Laboratorio chimico di Torino – Ufficio antifrode –Direzione Interregionale Liguria, Piemonte e Valle d’Aosta
(Turin Chemical Laboratory – Anti-fraud Office – Inter-regional Directorate of Liguria, Piemonte and Val d’Aosta)
Corso Sebastopoli, 3
10134 Torino
Tel. +39 011 3166341 – 0369206
Email : dir.liguria-piemonte-valledaosta.lab.torino@adm.gov.it
For the purpose of Articles 5(3), 6, 9, 10, 14(3), 15, and 17 of this Regulation, concerning in particular reporting obligations to the Commission, the following authority shall act as the competent Italian authority:
Ufficio Laboratori – Direzione Antifrode
Via Mario Carucci, 71
00143 Roma
Italy
Tel. +39 06 50246049
Email: dir.antifrode.laboratori@adm.gov.it
PORTUGAL
Autoridade Tributária e Aduaneira
Direção de Serviços de Licenciamento
R. da Alfândega, 5
1149-006 Lisboa
Portugal
Tel. +351 218 813 843/8
Fax +351 218 813 986
Email: dsl@at.gov.pt
In Portugal the controls of imports and exports of rough diamonds required by Regulation (EC) No 2368/2002, including the issuing of Community certificates, will only be done at the following authority:
Alfândega do Aeroporto de Lisboa
Aeroporto de Lisboa,
Terminal de Carga, Edifício 134
1750-364 Lisboa
Portugal
Tel. +351 210030080
Email address: aalisboa-kimberley@at.gov.pt
ROMANIA
Autoritatea Națională pentru Protecția Consumatorilor
(National Authority for Consumer Protection)
1 Bd. Aviatorilor Nr. 72, sectorul 1 București, România
(72 Aviatorilor Bvd., sector 1, Bucharest, Romania)
Cod postal (Postal code) 011865
Tel. (40-21) 318 46 35/312 98 90/312 12 75
Fax (40-21) 318 46 35/314 34 62
www.anpc.ro
ANNEX IV
Community certificate as referred to in Article 2
In accordance with the changes enacted by the Treaty of Lisbon, whereby the European Union replaced and succeeded the European Community, the term ‘EU certificate’ shall refer to the Community certificate as defined in Article 2(g) of this Regulation.
The EU Certificate shall have the following features: Member States shall ensure that the Certificates they issue shall be identical. To this end they shall submit to the Commission specimens of the Certificates to be issued.
Member States shall be responsible for having the EU Certificates printed. The EU Certificates may be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each EU Certificate. Each EU Certificate shall bear an indication of the printer's name and address or a mark enabling the printer to be identified. The printer shall be a High Security Banknote Printer. The printer shall provide suitable references from governmental and commercial customers.
The European Commission shall make specimens of original EU Certificates available to EU authorities.
Materials
Printing
Numbering
Language
English and, where relevant, the language(s) of the Member State concerned.
Lay out and finishing
Slot perforated in 1 position, cut to singles A4 size, at 100 mm from right edge
left side
right side
ANNEX V
List of diamond organisations implementing the system of warranties and industry self-regulation referred to in Articles 13 and 17
Antwerpsche Diamantkring CV
Hoveniersstraat 2 bus 515
B-2018 Antwerpen
Beurs voor Diamanthandel CV
Pelikaanstraat 78
B-2018 Antwerpen
Diamantclub van Antwerpen CV
Pelikaanstraat 62
B-2018 Antwerpen
Vrije Diamanthandel NV
Pelikaanstraat 62
B-2018 Antwerpen
( 1 ) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).
( 2 ) With effect from 1 December 2009 the Treaty on the Functioning of the European Union introduced certain changes in terminology, such as the replacement of ‘Community’ by ‘Union’.
( 3 ) Without prejudice to the application of Regulation (EC) No 2368/2002 to and in the United Kingdom in respect of Northern Ireland, in accordance with Article 5(4), read in conjunction with Annex 2, point 47, of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement as of 1 January 2021 (OJ L 29, 31.1.2020, p. 7).