In order to carry out the international obligation of China, to eradicate illegal trading of the "conflict diamonds", to maintain peace and stability in the African region and in accordance with the requirements of the UN General Assembly Resolution 55/56, the Kimberley Process Certification Scheme, and the related laws and rules of China, the Kimberley Process Certification Scheme will be implemented in the People’s Republic of China from January 1, 2003, and the related rules are announced as follows:
I. Starting from January 1, 2003, rough diamonds under the Kimberley Process Certification Scheme will be listed in the Commodity Directory on the Entry-Exit Inspection and Quarantine System. Rough diamonds falling under the relevant Harmonized Commodity System Description and Coding System 7102.10, 7102.21 and 7102.31 are the limited goods to be imported or exported under the Regulation of the People's Republic of China on Import and Export of Commodities, which can only be imported and exported among member countries/Participants (as listed in Annex 1).
II. Any importers, agents and shippers who are engaged in the trading of rough diamonds shall register with the designated Administrative Body of Entry-Exit Inspection and Quarantine with related verification documents.
III. To handle the procedures of importing rough diamonds, the importer shall provide the original Kimberley Process Certificate and other related documents issued by the Exporting Authority, with the importing Administrative Body of Entry-Exit Inspection and Quarantine, who will issue a Notice on the Entrance Clearance of Commodities upon qualification of the above-mentioned documents, and the inspection of the imported rough diamonds will be conducted by the importing Administrative Body of Entry-Exit Inspection and Quarantine.
IV. To handle the procedures of exporting rough diamonds, the exporter shall entertain the exporting Administrative Body of Entry-Exit Inspection and Quarantine with declaration of rough diamonds and the related materials attesting the legality of the exporting rough diamonds, upon the qualification of which the Administrative Body will issue the People's Republic of China Rough Diamonds Certificate and Notice on the Exit Clearance of Commodities, and the inspection will be conducted by the exporting Administrative Body.
V. Complete centralized management put under the specific administrative bodies system will be imposed on the import and export of rough diamonds with no regard to the mode of trading and shipping. The Customs will deal with entry and exit procedures upon the Notice on Entry/Exit Clearance of Commodities issued by the Administrative Body in the related port, and other documents.
For the rough diamonds entering the bonded area from abroad, bonded warehouse and export processing area, and rough diamonds exiting from the bonded area, bonded warehouse, export processing area and export-inspection warehouse; the Customs will review the Notice on Exit/Entry Clearance. For other procedures in the clearance of goods, like in the deeper processing of processing trade, sales on the domestic market on approval, the Customs will not check the Notice on Exit/Entry Clearance of Commodities.
VI. In accordance with trading of rough diamonds in China, the application, review and issuance of the import and export of rough diamonds under general trade and those for sale in the domestic market under processing trade will be done by working institutions set up by the General Administration of Quality Supervision, Inspection and Quarantine in Shanghai Diamonds Exchange (Shanghai Administrative Body of Entry-Exit Inspection and Quarantine under the General Administration of Quality Supervision, Inspection and Quarantine will work jointly with the united office of Shanghai Diamonds Exchange, as a member ).
The valuation work under the Kimberley Process Certification Scheme will be undertaken by Shanghai Diamonds Appraisal Center set up in Shanghai Diamonds Exchange on approval of the General Administration of Quality Supervision, Inspection and Quarantine.
The acceptance of application, review and issuance of the Notice on Exit/Entry Clearance of Commodities of the rough diamonds under processing trade will be dealt with by the the designated Administrative Body of Entry-Exit Inspection and Quarantine (the names of which are listed in Annex2).
With an eye to the better management of the import and export of rough diamonds and to control the illegal trafficking of rough diamonds, except in processing trade, diamonds imported through other modes of trade (including frontier trading) will be categorized into the management under general trade.
VII. On the principle of lowering the burden of the importer, fees in the verification, inspection and issuance of certificate will be charged on the basis of set amount (the detailed charging items and standards will drafted by the related authorities).
VIII. The General Administration of Quality Supervision, Inspection and Quarantine is responsible for setting up a website about Kimberley Process Certification Scheme, which will collect and transit the data on the import and export diamonds and the domestic production data, provide inquiry service. The Ministry of Land and Source is responsible for the administration of domestic rough diamonds trading and the collection of the statistics.
IX. In order to prevent the illegal trading of rough diamonds and to facilitate inspection, self-discipline in the industry should be promoted by establishing a computer-based statistical system among the enterprises, who will also cooperate will the authorities in the supervision and regulation of rough diamonds industry.
X. Any acts in violation of this Announcement will be dealt with by related authorities.
XI. Any operational rules on the inspection and review of the import and export of rough diamonds will be otherwise published by General Administration of Quality Supervision, Inspection and Quarantine.
XII. This Announcement will come into force as of January 1,2003.
General Administration of Quality Supervision, Inspection and Quarantine
General Administration of Customs
Ministry of Foreign Trade and Economic Cooperation
State Committee of Economy and trade
Ministry of Foreign Affairs
Ministry of Land and Resourcends trading and the collection of the statistics
December 30, 2002