Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (c. 2368)

ANNEX I U.K. KIMBERLEY PROCESS CERTIFICATION SCHEME

PREAMBLE U.K.

PARTICIPANTS,

• RECOGNISING that the trade in conflict diamonds is a matter of serious international concern, which can be directly linked to the fuelling of armed conflict, the activities of rebel movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, and proliferation of, armaments, especially small arms and light weapons;

• FURTHER RECOGNISING the devastating impact of conflicts fuelled by the trade in conflict diamonds on the peace, safety and security of people in affected countries and the systematic and gross human rights violations that have been perpetrated in such conflicts;

• NOTING the negative impact of such conflicts on regional stability and the obligations placed upon states by the United Nations Charter regarding the maintenance of international peace and security;

• BEARING IN MIND that urgent international action is imperative to prevent the problem of conflict diamonds from negatively affecting the trade in legitimate diamonds, which makes a critical contribution to the economies of many of the producing, processing, exporting and importing states, especially developing states;

• RECALLING all of the relevant resolutions of the United Nations Security Council under Chapter VII of the United Nations Charter, including the relevant provisions of Resolutions 1173 (1998), 1295 (2000), 1306 (2000), and 1343 (2001), and determined to contribute to and support the implementation of the measures provided for in these resolutions;

• HIGHLIGHTING the United Nations General Assembly Resolution 55/56 (2000) on the role of the trade in conflict diamonds in fuelling armed conflict, which called on the international community to give urgent and careful consideration to devising effective and pragmatic measures to address this problem;

• FURTHER HIGHLIGHTING the recommendation in United Nations General Assembly Resolution 55/56 that the international community develop detailed proposals for a simple and workable international certification scheme for rough diamonds based primarily on national certification schemes and on internationally agreed minimum standards;

• RECALLING that the Kimberley Process, which was established to find a solution to the international problem of conflict diamonds, was inclusive of concerned stake holders, namely producing, exporting and importing states, the diamond industry and civil society;

• CONVINCED that the opportunity for conflict diamonds to play a role in fuelling armed conflict can be seriously reduced by introducing a certification scheme for rough diamonds designed to exclude conflict diamonds from the legitimate trade;

• RECALLING that the Kimberley Process considered that an international certification scheme for rough diamonds, based on national laws and practices and meeting internationally agreed minimum standards, will be the most effective system by which the problem of conflict diamonds could be addressed;

• ACKNOWLEDGING the important initiatives already taken to address this problem, in particular by the governments of Angola, the Democratic Republic of Congo, Guinea and Sierra Leone and by other key producing, exporting and importing countries, as well as by the diamond industry, in particular by the World Diamond Council, and by civil society;

• WELCOMING voluntary self-regulation initiatives announced by the diamond industry and recognising that a system of such voluntary self-regulation contributes to ensuring an effective internal control system of rough diamonds based upon the international certification scheme for rough diamonds;

• RECOGNISING that an international certification scheme for rough diamonds will only be credible if all Participants have established internal systems of control designed to eliminate the presence of conflict diamonds in the chain of producing, exporting and importing rough diamonds within their own territories, while taking into account that differences in production methods and trading practices as well as differences in institutional controls thereof may require different approaches to meet minimum standards;

• FURTHER RECOGNISING that the international certification scheme for rough diamonds must be consistent with international law governing international trade;

• ACKNOWLEDGING that state sovereignty should be fully respected and the principles of equality, mutual benefits and consensus should be adhered to,

RECOMMEND THE FOLLOWING PROVISIONS:

SECTION I U.K. Definitions

For the purposes of the international certification scheme for rough diamonds (hereinafter referred to as ‘the Certification Scheme’) the following definitions apply:

• CONFLICT DIAMONDS means rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments, as described in relevant United Nations Security Council (UNSC) resolutions insofar as they remain in effect, or in other similar UNSC resolutions which may be adopted in the future, and as understood and recognised in United Nations General Assembly (UNGA) Resolution 55/56, or in other similar UNGA resolutions which may be adopted in future;

• COUNTRY OF ORIGIN means the country where a shipment of rough diamonds has been mined or extracted;

• COUNTRY OF PROVENANCE means the last Participant from where a shipment of rough diamonds was exported, as recorded on import documentation;

• DIAMOND means a natural mineral consisting essentially of pure crystallised carbon in the isometric system, with a hardness on the Mohs (scratch) scale of 10, a specific gravity of approximately 3.52 and a refractive index of 2.42;

• EXPORT means the physical leaving/taking out of any part of the geographical territory of a Participant;

• EXPORTING AUTHORITY means the authority(ies) or body(ies) designated by a Participant from whose territory a shipment of rough diamonds is leaving, and which are authorised to validate the Kimberley Process Certificate;

• FREE TRADE ZONE means a part of the territory of a Participant where any goods introduced are generally regarded, insofar as import duties and taxes are concerned, as being outside the customs territory;

• IMPORT means the physical entering/bringing into any part of the geographical territory of a Participant;

• IMPORTING AUTHORITY means the authority(ies) or body(ies) designated by a Participant into whose territory a shipment of rough diamonds is imported to conduct all import formalities and particularly the verification of accompanying Kimberley Process Certificates;

• KIMBERLEY PROCESS CERTIFICATE means a forgery resistant document with a particular format which identifies a shipment of rough diamonds as being in compliance with the requirements of the Certification Scheme;

• OBSERVER means a representative of civil society, the diamond industry, international organisations and non-participating governments invited to take part in Plenary meetings;

• PARCEL means one or more diamonds that are packed together and that are not individualised;

• PARCEL OF MIXED ORIGIN means a parcel that contains rough diamonds from two or more countries of origin, mixed together;

• PARTICIPANT means a state or a regional economic integration organisation for which the Certification Scheme is effective;

• REGIONAL ECONOMIC INTEGRATION ORGANISATION means an organisation comprised of sovereign states that have transferred competence to that organisation in respect of matters governed by the Certification Scheme;

• ROUGH DIAMONDS means diamonds that are unworked or simply sawn, cleaved or bruted and fall under the Relevant Harmonised Commodity Description and Coding System 7102 10 00, 7102 21 00 and 7102 31 00;

• SHIPMENT means one or more parcels that are physically imported or exported;

• TRANSIT means the physical passage across the territory of a Participant or a non-Participant, with or without transhipment, warehousing or change in mode of transport, when such passage is only a portion of a complete journey beginning and terminating beyond the frontier of the Participant or non-Participant across whose territory a shipment passes;

SECTION II U.K. The Kimberley Process Certificate

Each Participant should ensure that:

(a)

a Kimberley Process Certificate (hereafter referred to as the Certificate) accompanies each shipment of rough diamonds on export;

(b)

its processes for issuing Certificates meet the minimum standards of the Kimberley Process as set out in Section IV;

(c)

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;

(d)

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 U.K. Undertakings in respect of the international trade in rough diamonds

Each Participant should:

(a)

with regard to shipments of rough diamonds exported to a Participant, require that each such shipment is accompanied by a duly validated Certificate;

(b)

with regard to shipments of rough diamonds imported from a Participant:

• require a duly validated Certificate;

• ensure that confirmation of receipt is sent expeditiously to the relevant Exporting Authority. The confirmation should as a minimum refer to the Certificate number, the number of parcels, the carat weight and the details of the importer and exporter;

• require that the original of the Certificate be readily accessible for a period of no less than three years;

(c)

ensure that no shipment of rough diamonds is imported from or exported to a non-Participant;

(d)

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 U.K. Internal controls

Undertakings by Participants U.K.

Each Participant should:

(a)

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;

(b)

designate an Importing and an Exporting Authority(ies);

(c)

ensure that rough diamonds are imported and exported in tamper resistant containers;

(d)

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;

(e)

collect and maintain relevant official production, import and export data, and collate and exchange such data in accordance with the provisions of Section V.

(f)

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 U.K.

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 U.K. Cooperation and transparency

Participants should:

(a)

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;

(b)

compile and make available to all other Participants through the Chair statistical data in line with the principles set out in Annex III;

(c)

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;

(d)

consider favourably requests from other Participants for assistance to improve the functioning of the Certification Scheme within their territories;

(e)

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;

(f)

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;

(g)

encourage, through their relevant authorities, closer cooperation between law enforcement agencies and between customs agencies of Participants.

SECTION VI U.K. Administrative matters

MEETINGS U.K.

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. U.K.

2. Participants should adopt Rules of Procedure for such meetings at the first Plenary meeting. U.K.

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. U.K.

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. U.K.

5. Participants are to reach decisions by consensus. In the event that consensus proves to be impossible, the Chair is to conduct consultations. U.K.

ADMINISTRATIVE SUPPORT U.K.

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. U.K.

7. Administrative support could include the following functions: U.K.

(a)

to serve as a channel of communication, information sharing and consultation between the Participants with regard to matters provided for in this Document;

(b)

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;

(c)

to prepare documents and provide administrative support for Plenary and working group meetings;

(d)

to undertake such additional responsibilities as the Plenary meetings, or any working group delegated by Plenary meetings, may instruct.

PARTICIPATION U.K.

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. U.K.

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. U.K.

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. U.K.

PARTICIPANT MEASURES U.K.

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. U.K.

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. U.K.

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: U.K.

(a)

requesting additional information and clarification from Participants;

(b)

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. U.K.

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. U.K.

COMPLIANCE AND DISPUTE PREVENTION U.K.

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. U.K.

MODIFICATIONS U.K.

17. This document may be modified by consensus of the Participants. U.K.

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. U.K.

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. U.K.

REVIEW MECHANISM U.K.

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. U.K.

THE START OF THE IMPLEMENTATION OF THE SCHEME U.K.

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. U.K.

Annex I to ANNEX I CERTIFICATES

A. Minimum requirements for Certificates U.K.

A Certificate is to meet the following minimum requirements:

• Each Certificate should bear the title ‘Kimberley Process Certificate’ and the following statement: ‘The rough diamonds in this shipment have been handled in accordance with the provisions of the Kimberley Process Certification Scheme for rough diamonds’

• Country of origin for shipment of parcels of unmixed (i.e. from the same) origin

• Certificates may be issued in any language, provided that an English translation is incorporated

• Unique numbering with the Alpha 2 country code, according to ISO 3166-1

• Tamper and forgery resistant

• Date of issuance

• Date of expiry

• Issuing authority

• Identification of exporter and importer

• Carat weight/mass

• Value in US$

• Number of parcels in shipment

• Relevant Harmonised Commodity Description and Coding System

• Validation of Certificate by the Exporting Authority

B. Optional Certificate Elements U.K.

A Certificate may include the following optional features:

• Characteristics of a Certificate (for example as to form, additional data or security elements)

• Quality characteristics of the rough diamonds in the shipment

• A recommended import confirmation part should have the following elements:

  • Country of destination

  • Identification of importer

  • Carat/weight and value in US$

  • Relevant Harmonised Commodity Description and Coding System

  • Date of receipt by Importing Authority

  • Authentication by Importing Authority

C. Optional Procedures U.K.

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 U.K.

1. Participants may appoint an official coordinator(s) to deal with the implementation of the Certification Scheme. U.K.

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. U.K.

3. Participants are encouraged to maintain the information and data required by Section V on a computerised database. U.K.

4. Participants are encouraged to transmit and receive electronic messages in order to support the Certification Scheme. U.K.

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. U.K.

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. U.K.

7. Participants are encouraged to ensure that all cash purchases of rough diamonds are routed through official banking channels, supported by verifiable documentation. U.K.

8. Participants that produce diamonds should analyse their diamond production under the following headings: U.K.

• Characteristics of diamonds produced

• Actual production

Recommendations for Control over Diamond Mines U.K.

9. Participants are encouraged to ensure that all diamond mines are licensed and to allow only those mines so licensed to mine diamonds. U.K.

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. U.K.

Recommendations for Participants with Small-scale Diamond Mining U.K.

11. All artisanal and informal diamond miners should be licensed and only those persons so licensed should be allowed to mine diamonds. U.K.

12. Licensing records should contain the following minimum information: name, address, nationality and/or residence status and the area of authorised diamond mining activity. U.K.

Recommendations for Rough Diamond Buyers, Sellers and Exporters U.K.

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. U.K.

14. Licensing records should contain the following minimum information: name, address and nationality and/or residence status. U.K.

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. U.K.

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. U.K.

Recommendations for Export Processes U.K.

17. A exporter should submit a rough diamond shipment to the relevant Exporting Authority. U.K.

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. U.K.

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. U.K.

20. The Exporting Authority should record all details of rough diamond shipments on a computerised database. U.K.

Recommendations for Import Processes U.K.

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. U.K.

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. U.K.

23. The Importing Authority should open and inspect the contents of the shipment to verify the details declared on the Certificate. U.K.

24. Where applicable and when requested, the Importing Authority should send the return slip or import confirmation coupon to the relevant Exporting Authority. U.K.

25. The Importing Authority should record all details of rough diamond shipments on a computerised database. U.K.

Recommendations on Shipments to and from Free Trade Zones U.K.

26. Shipments of rough diamonds to and from free trade zones should be processed by the designated authorities. U.K.

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:

(a)

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;

(b)

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;

(c)

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;

(d)

to collect and publish these statistics by relying in the first instance on existing national processes and methodologies;

(e)

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;

(f)

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.

[F1 ANNEX II U.K. List of participants in the Kimberley Process certification scheme and their duly appointed competent authorities as referred to in Articles 2, 3, 8, 9, 12, 17, 18, 19 and 20

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1038/2007 of 7 September 2007 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

ANGOLA U.K.

Ministry of Geology and Mines

Rua Hochi Min

Luanda

Angola

ARMENIA U.K.

Department of Gemstones and Jewellery

Ministry of Trade and Economic Development

Yerevan

Armenia

AUSTRALIA U.K.

Community Protection Section

Australian Customs Section

Customs House, 5 Constitution Avenue

Canberra ACT 2601

Australia

Minerals Development Section

Department of Industry, Tourism and Resources

GPO Box 9839

Canberra ACT 2601

Australia

BANGLADESH U.K.

Ministry of Commerce

Export Promotion Bureau

Dhaka

Bangladesh

BELARUS U.K.

Department of Finance

Sovetskaja Str., 7

220010 Minsk

Republic of Belarus

BOTSWANA U.K.

Ministry of Minerals, Energy & Water Resources

PI Bag 0018

Gaborone

Botswana

BRAZIL U.K.

Ministry of Mines and Energy

Esplanada dos Ministérios — Bloco ‘U’ — 3 ^o andar

70065 — 900 Brasilia — DF

Brazil

CANADA U.K.

• International:

  Department of Foreign Affairs and International Trade

  Peace Building and Human Security Division

  Lester B Pearson Tower B — Room: B4-120

  125 Sussex Drive Ottawa, Ontario K1A 0G2

  Canada

• For specimen of the Canadian KP Certificate:

  Stewardship Division

  International and Domestic Market Policy Division

  Mineral and Metal Policy Branch

  Minerals and Metals Sector

  Natural Resources Canada

  580 Booth Street, 10th Floor, Room: 10A6

  Ottawa, Ontario

  Canada K1A 0E4

• General Enquiries:

  Kimberley Process Office

  Minerals and Metals Sector (MMS)

  Natural Resources Canada (NRCan)

  10th Floor, Area A-7

  580 Booth Street

  Ottawa, Ontario

  Canada K1A 0E4

CENTRAL AFRICAN REPUBLIC U.K.

Independent Diamond Valuators (IDV)

Immeuble SOCIM, 2 ^ème étage

BP 1613 Bangui

Central African Republic

CHINA, People’s Republic of U.K.

Department of Inspection and Quarantine Clearance

General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)

9 Madiandonglu

Haidian District, Beijing

People’s Republic of China

HONG KONG, Special Administrative Region of the People’s Republic of China U.K.

Department of Trade and Industry

Hong Kong Special Administrative Region

Peoples Republic of China

Room 703, Trade and Industry Tower

700 Nathan Road

Kowloon

Hong Kong

China

CONGO, Democratic Republic of U.K.

Centre d’Evaluation, d’Expertise et de Certification (CEEC)

17th floor, BCDC Tower

30th June Avenue

Kinshasa

Democratic Republic of Congo

CÔTE D’IVOIRE U.K.

Ministry of Mines and Energy

BP V 91

Abidjan

Côte d’Ivoire

CROATIA U.K.

Ministry of Economy

Zagreb

Republic of Croatia

EUROPEAN COMMUNITY U.K.

European Commission

DG External Relations/A/2

B-1049 Brussels

Belgium

GHANA U.K.

Precious Minerals Marketing Company (Ltd.)

Diamond House,

Kinbu Road,

P.O. Box M. 108

Accra

Ghana

GUINEA U.K.

Ministry of Mines and Geology

BP 2696

Conakry

Guinea

GUYANA U.K.

Geology and Mines Commission

P O Box 1028

Upper Brickdam

Stabroek

Georgetown

Guyana

INDIA U.K.

The Gem & Jewellery Export Promotion Council

Diamond Plaza, 5th Floor 391-A, Fr D.B. Marg

Mumbai 400 004

India

INDONESIA U.K.

Directorate-General of Foreign Trade

Ministry of Trade

JI M.I. Ridwan Rais No 5

Blok I Iantai 4

Jakarta Pusat Kotak Pos. 10110

Jakarta

Indonesia

ISRAEL U.K.

Ministry of Industry and Trade

P.O. Box 3007

52130 Ramat Gan

Israel

JAPAN U.K.

United Nations Policy Division

Foreign Policy Bureau

Ministry of Foreign Affairs

2-11-1, Shibakoen Minato-ku

105-8519 Tokyo

Japan

Mineral and Natural Resources Division

Agency for Natural Resources and Energy

Ministry of Economy, Trade and Industry

1-3-1 Kasumigaseki, Chiyoda-ku

100-8901 Tokyo

Japan

KOREA, Republic of U.K.

UN Division

Ministry of Foreign Affairs and Trade

Government Complex Building

77 Sejong-ro, Jongro-gu

Seoul

Korea

Trade Policy Division

Ministry of Commerce, Industry and Enterprise

1 Joongang-dong, Kwacheon-City

Kyunggi-do

Korea

LAOS, People’s Democratic Republic U.K.

Department of Foreign Trade,

Ministry of Commerce

Vientiane

Laos

LEBANON U.K.

Ministry of Economy and Trade

Beirut

Lebanon

LESOTHO U.K.

Commission of Mines and Geology

P.O. Box 750

Maseru 100

Lesotho

LIBERIA U.K.

Government Diamond Office

Ministry of Lands, Mines and Energy

Capitol Hill

P.O. Box 10-9024

1000 Monrovia 10

Liberia

MALAYSIA U.K.

Ministry of International Trade and Industry

Blok 10

Komplek Kerajaan Jalan Duta

50622 Kuala Lumpur

Malaysia

MAURITIUS U.K.

Ministry of Commerce and Co-operatives

Import Division

2nd Floor, Anglo-Mauritius House

Intendance Street

Port Louis

Mauritius

NAMIBIA U.K.

Diamond Commission

Ministry of Mines and Energy

Private Bag 13297

Windhoek

Namibia

NORWAY U.K.

Section for Public International Law

Department for Legal Affairs

Royal Ministry of Foreign Affairs

P.O. Box 8114

0032 Oslo

Norway

NEW ZEALAND U.K.

• Certificate Issuing Authority:

  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

  PO Box 2218

  Wellington

  New Zealand

RUSSIAN FEDERATION U.K.

Gokhran of Russia

14, 1812 Goda St.

121170 Moscow

Russia

SIERRA LEONE U.K.

Ministry of Mineral Resources

Youyi Building

Brookfields

Freetown

Sierra Leone

SINGAPORE U.K.

Ministry of Trade and Industry

100 High Street

#0901, The Treasury,

Singapore 179434

SOUTH AFRICA U.K.

South African Diamond Board

240 Commissioner Street

Johannesburg

South Africa

SRI LANKA U.K.

Trade Information Service

Sri Lanka Export Development Board

42 Nawam Mawatha

Colombo 2

Sri Lanka

SWITZERLAND U.K.

State Secretariat for Economic Affairs

Export Control Policy and Sanctions

Effingerstrasse 1

3003 Berne

Switzerland

TAIWAN, PENGHU, KINMEN AND MATSU, Separate Customs Territory U.K.

Export/Import Administration Division

Bureau of Foreign Trade

Ministry of Economic Affairs

Taiwan

TANZANIA U.K.

Commission for Minerals

Ministry of Energy and Minerals

PO Box 2000

Dar es Salaam

Tanzania

THAILAND U.K.

Ministry of Commerce

Department of Foreign Trade

44/100 Thanon Sanam Bin Nam-Nonthaburi

Muang District

Nonthaburi 11000

Thailand

TOGO U.K.

Directorate General — Mines and Geology

B.P. 356

216, Avenue Sarakawa

Lomé

Togo

TURKEY U.K.

Foreign Exchange Department

Undersecretariat of Treasury

Hazine Mustesarligi Banka ve Kambiyo Genel Mudurlugu

İnönü Bulvarı No: 36, 06510 Emek

Ankara

Turkey

UKRAINE U.K.

Ministry of Finance

State Gemological Center

Degtyarivska St. 38-44

Kiev

04119 Ukraine

International Department

Diamond Factory ‘ Kristall ’

600 Letiya Street 21

21100 Vinnitsa

Ukraine

UNITED ARAB EMIRATES U.K.

Dubai Metals and Commodities Centre

PO Box 63

Dubai

United Arab Emirates

UNITED STATES OF AMERICA U.K.

U.S. Department of State

2201 C St., N.W.

Washington D.C.

United States of America

VENEZUELA U.K.

Ministry of Basic Industries and Mines

Av. La Estancia, Urb. Chuao, Torre Las Mercedes, Piso 9

Caracas

Venezuela

VIETNAM U.K.

Export-Import Management Department

Ministry of Trade of Vietnam

31 Trang Tien

Hanoi 10.000

Vietnam

ZIMBABWE U.K.

Principal Minerals Development Office

Ministry of Mines and Mining Development

Private Bag 7709, Causeway

Harare

Zimbabwe]

[F2 ANNEX III U.K. List of Member States’ competent authorities and their tasks as referred to in Articles 2 and 19

Textual Amendments

F2 Substituted by Commission Regulation (EC) No 1226/2007 of 17 October 2007 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

BELGIUM U.K.

Federale Overheidsdienst Economie, KMO, Middenstand en Energie, Dienst Vergunningen/Service Public Fédéral Economie, PME, Classes moyennes et Energie, Service Licence,

Italiëlei 124, bus 71

B-2000 Antwerpen

Tel. [phone]

Fax [phone]

E-mail: [e-mail]

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

Hovenierstraat 22

B-2018 Antwerpen

BULGARIA U.K.

Ministry of Finance

External Finance Directorate

102, G. Rakovski str.

Sofia, 1040

Bulgaria

Tel. [phone] 59 24 10/98 59 24 15

Fax [phone]

E-mail: [e-mail]

CZECH REPUBLIC U.K.

In the Czech Republic 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. [phone], cell (420-737) 213 793

Fax [phone]

E-mail: [e-mail]

GERMANY U.K.

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

Hauptstraße 197

D-55743 Idar-Oberstein

Tel. [phone]

Fax [phone]

E-mail: [e-mail]

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:

Oberfinanzdirektion Koblenz

Zoll- und Verbrauchsteuerabteilung

Vorort Außenwirtschaftsrecht

Postfach 10 07 64

D-67407 Neustadt/Weinstraße

Tel. [phone]

Fax [phone]

E-mail: [e-mail]

ROMANIA U.K.

Autoritatea Națională pentru Protecția Consumatorilor

Direcția Metale Prețioase și Pietre Prețioase

Strada Georges Clemenceau nr. 5, sectorul 1

București, România

Cod poștal 010295

Tel. [phone]

Fax [phone]

www.anpc.ro

UNITED KINGDOM U.K.

Government Diamond Office

Global Business Group

Room W 3.111.B

Foreign and Commonwealth Office

King Charles Street

London SW1A 2AH

Tel. [phone]

Fax [phone]

E-mail: [e-mail]]

ANNEX IV U.K. Community certificate as referred to in Article 2

The Community certificate referred to in Article 2 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. U.K.

Member States shall be responsible for having the EC Certificates printed. The EC 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 EC Certificate. Each EC Certificate shall bear an indication of the printer's name and address or a mark enabling the printer to be identified. The printer should be a High Security Banknote Printer. The printer should provide suitable references from governmental and commercial customers.

The European Commission shall make specimens of original EC Certificates available to EC authorities.

Materials U.K.

• Dimensions: A4 (210 mm x 297 mm);

• [F3 Watermarked with invisible (yellow/red) UV fibres;]

• [F3 Solvent sensitive;]

• UV dull (features in the document stand out clearly when highlighted under a Ultra-violet lamp);

• [F3 95 g/m ² paper.]

Textual Amendments

F3 Substituted by Commission Regulation (EC) No 257/2003 of 11 February 2003 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

Printing U.K.

• [F3 Rainbow background tint (solvent sensitive);]

  • The ‘rainbow’ effect has a security background that will not visualise when photocopied.

  • The inks used must be‘solvent sensitive’ to protect the document against attack from chemicals used to alter infilled text, such as bleach.

• 1 Colour background tint (permanent and light fast);

  • Ensure that a secondary ‘Rainbow’ is printed to prevent the Certificates from exposure to sunlight.

• UV invisible working (stars of the EU Flag);

  • The security printer should apply the correct weight of ink to ensure that the UV feature is invisible in normal light.

• EU Flag: Printed gold and European blue;

• Intaglio Border;

  • Tactile Intaglio ink is one of the most important features in the document.

• Extra Small Print line reading ‘Kimberley Process Certificate’;

• Latent image: KP;

• [F3 Micro-text reading ‘KPCS’;]

• The document design must incorporate anticopy (‘Medallion’) features into the background fine-line printing.

Numbering U.K.

• Each EC Certificate shall have a unique serial number, preceded by the code: EC.

• The Commission shall attribute the serial numbers to the Member States that intend to issue EC Certificates.

• There should be two types of matching numbering — visible and invisible:

• First = [F3 8 digit] sequential, once on all parts of the document, printed black[F4 (fluorescing to green under UV light)]

  • The printer should hold all responsibility for numbering every Certificate.

  • The printer should also keep a database of all numbering.

  • [F4 . . . . .]

• [F5 Second = 8 digit sequential invisible printed numbering (matching above), fluorescing under UV light.]

Textual Amendments

F4 Deleted by Commission Regulation (EC) No 522/2005 of 1 April 2005 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

F5 Substituted by Commission Regulation (EC) No 522/2005 of 1 April 2005 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

Language U.K.

English and, where relevant, the language(s) of the Member State concerned.

Lay out and finishing U.K.

Obligatory features U.K.

[F3 Slot perforated in 1 position, cut to singles A4 size, at 100 mm from right edge]

(a)

left side:

(b)

right side:

ANNEX V U.K. List of diamond organisations implementing the system of warranties and industry self-regulation referred to in Articles 13 and 17

• [F6 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

• [F7 The London Diamond Bourse and Club

  100 Hatton Garden

  London EC1N 8NX

  United Kingdom]

• [F8 Oberfinanzdirektion Koblenz

  — Zoll- und Verbrauchsteuerabteilung —

  Vorort Außenwirtschaftsrecht

  Postfach 10 07 64

  D-67407 Neustadt a. d. Weinstr.

  Deutschland

  Tel. [phone]

  Fax: [phone]

  e-mail: [e-mail]] ]

Textual Amendments

F6 Inserted by Commission Regulation (EC) No 762/2003 of 30 April 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

F7 Inserted by Commission Regulation (EC) No 1214/2003 of 7 July 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.

F8 Inserted by Commission Regulation (EC) No 1474/2004 of 18 August 2004 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.