The Flow of Practicing the “Administration System in Kimberley Process Certification Scheme (KPCS)”
2009-05-08

1. Organizations and individuals who are in charge of the import or export of rough diamonds (hereinafter referred to as the “applicants”) shall register at first. Registration includes online register and register in written form. Its procedure and requirements are as follows:

(1)  After login and entering the main interface of the system, fill out the application form of Kimberley Process for enterprise registration, and apply for register.

(2)  Download the Application Form for the Registration of Kimberley Process of the People’s Republic of China and complete it. Moreover, the application form is required to be stamped with an enterprise stamp and submitted to the inspection and quarantine organ at its locality.

(3)  When the applicant submits the application form, it is indicated, he/she has accepted and agreed to comply with all the regulations defined by the Kimberley Process and relevant provisions of administration system in KPCS formulated by China.

(4)  Required materials to be submitted are a Business license (both original and copy) and the approval document for the right of import and export. After verifying that the copy of business license is the same as the original, the copy shall be kept while the original is returned to the applicant.

(5)  The Applicant, proven to be qualified after verification, shall register and pay fees as required.  

(6)  After successful registration, the applicant may apply for import or export of rough diamonds.

(7)  The register is valid for two years. After two years, it shall pass re-examination if the applicant wishes to continue to import or export rough diamonds.

2. Application, examination, and clearance of imported rough diamonds

(1)  The applicant shall complete the application form of rough diamonds to be imported online first, download and fill it out at the same time, and then stamp it with an enterprise stamp. After that, submit it to the designated inspection and quarantine institution.

(2)  After submitting the online application form, applicants shall provide the written application sheet stamped with the enterprise stamp to the designated inspection and quarantine institution. If not, it will be regarded as a withdrawal of the online application. In this case, online application form will be deleted automatically.

(3)  When applicants submit the written application form, different documents shall be attached depending according to particular cases. For ordinary trade, attached documents are both original and copy of the Kimberley Process certificate, contracts, the letter of credit and invoice. With regard to processing trade, both original and copy of Kimberley Process certificate, as well as invoice are required to be provided.

(4)  When the application is accepted, an application Number, the only identification Number of the shipment of rough diamonds in the inspection and quarantine institution, shall be assigned by computer automatically. When application is officially accepted, inspection and quarantine personnel will issue an official receipt of fees, and the applicant shall pay all the fees required.

(5)  Inspection and quarantine personnel shall check the packing and seals of imported rough diamonds, and then open the package and weigh the diamonds. In addition, personnel responsible for certificate of origin will check the Kimberley Process certificate for importation.

(6)  As to Imported rough diamonds proven to have met the requirements of provisions of the Kimberley Process for rough diamonds, inspection and quarantine institution shall take back the original of Kimberley Process Certificate submitted by the applicants, and issue the Commodity Inspection Bill of Import Goods. The institution thereof shall also issue a certificate of verification to the country exporting the goods. Moreover, all the ID numbers of the certificate of verification, Commodity Inspection Bill of Import Goods and the application form are the same.

(7)  All the application materials including the original of Kimberley Process Certificate are on file. The Commodity Inspection Bill of Import Goods shall be canceled after verification and recorded according to relevant requirements.

(8)  The Copy of Kimberley Process Certificate mentioned above shall be kept by the applicants.

(9)  If rough diamonds imported through ordinary trade are prepared for export again, the formalities shall be gone through in light of that for the export of rough diamonds.

(10) The agreement of imported rough diamonds under processing trade is managed according to the period of validity for the contract of processing trade. When the contract expires, computer will stop accepting the application of importing or exporting rough diamonds under processing contract.

If the processing contract expires but is not fully fulfilled, it is supposed to go through formalities of the extension of the contract, based on the approval documents for the extension of contracts.

(11) If the procedure described in the Article 5 is in practice, the shipment of rough diamonds shall be deemed as failing to meet the requirements of KPCS in one of following circumstances: package is broken; seals are damaged; or the consignment is under or above carat weight.

Moreover, in the Article 5, the origin of rough diamonds listed in the Kimberley Process Certificate must be a single country. A certificate is regarded as invalid when it contains rough diamonds from different countries.

Should a shipment of rough diamonds has such problems described above, the trade of that shipment reported before will be treated as null and void. Furthermore, the Commodity Inspection Bill of Import Goods is not allowed to be issued in this case, and it shall also be delivered to and dealt with by the Customs (the particular approach of receiving and delivering shall be decided after negotiation with the Customs).

(12) Should the Kimberley Process Certificate is different from the records, or proved to be altered or counterfeited; it shall be dealt with in accordance with the provisions of article 22 in Chapter 6 of Measures for the Implementation of KPCS.

3. Application, examination, and clearance of exported rough diamonds

(1) Applicants shall fill out the application form for rough diamonds to be exported online (see Attachment 5), download the Application Form and complete it at the same time, then, stamp it with the enterprise stamp and submit it to the designated inspection and quarantine institutions.

(2) After submitting the online application form, applicants shall provide the written application sheet stamped with the enterprise stamp to the inspection and quarantine institution which shall accept the report. If not, it will be regarded as withdrawal of the online application. In this case, the online application form shall be deleted automatically.

(3) When applicants submit the written application sheets, different documents shall be attached depending on particular cases. For ordinary trade, attached documents are contracts, the letter of credit, invoice and the certification for the origin of rough diamonds. With regard to the processing trade, an invoice is required to be provided.

(4) When the application is accepted, an application number, the only identification number of this shipment of exported rough diamonds in the inspection and quarantine institution, shall be assigned by computer automatically.

(5) Inspection and quarantine personnel shall weigh the diamonds, supervise the packing process and add seals on it. In addition, personnel responsible for certificate of origin also shall verify the origin of this shipment.

(6) For rough diamonds to be exported which are proven to have met the requirements of provisions on Kimberley Process for rough diamonds, the inspection and quarantine institution shall issue the Kimberley Process Certificate and the Clearance of Exported Goods. Moreover, both ID numbers of Kimberley Process Certificate and Clearance of Exported Goods are the same as that of the application form.

(7) After receiving the Certificate of Verification issued by the import country, this certificate and all the application materials including the copy of the Kimberley Process Certificate mentioned above are required to be on file, but the Clearance for Exported Goods shall be canceled after verification, and recorded according to relevant requirements.

(8) The agreement of exported rough diamonds under processing trade shall be fulfilled according to the period of validity for the contract of processing trade. When the contract of processing trade expires, the computer will extend another 30 days for it automatically to assist the processing enterprise to complete the cancellation after verification of the contract. If the processing contract expires but is not fully fulfilled, it is necessary for the said processing contract to go through formalities of the extension of the contract based on the approval documents for the extension of contracts. However, applications of exporting rough diamonds shall not be accepted after the extension ends.

 

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