1. Introduction
The Kimberley Process Certification Scheme (“KPCS”) is a joint government, industry and civil society initiative to stem the flow of conflict diamonds. It imposes extensive requirements on its members to enable them to certify shipments of rough diamonds as ‘conflict free’ and prevent illegitimate diamonds from entering the legitimate trade. It was set up to assure consumers that by purchasing diamonds they were not financing war and human rights abuse.
The United Arab Emirates (“UAE”) in its endeavour to streamline its trade with global standards and to protect the legitimate diamond industry became a Kimberley Process (“KP”) member in 2002. The process was initiated in January 2003 and the UAE Kimberley Process Office was created.
The KPCS is implemented in the UAE by the Ministry of Economy who delegated the task to Dubai Multi Commodities Center (DMCC) as the only entry and exit point for rough diamonds in the UAE.
2. Kimberley Process Requirements
Under the Kimberley Process Scheme, rough diamond shipments can only be exported and imported between participant member countries of the Kimberley Process. No uncertified shipments of rough diamonds will be permitted to enter or leave a participant’s country. This ring-fences conflict diamonds and as such ensures they are unable to enter the legitimate diamond supply chain and therefore, cannot be used to fund wars against legitimate governments.
3. Trading with Rough Diamonds in the UAE
UAE licensed companies, free zones and local establishments, who are involved in jewellery related trade, can freely import and export rough diamonds after registering with the UAE KP Office.
4. UAE KP Membership Process
4.1. Documentation For Membership
Trading with rough diamonds in the UAE requires the traders to register with the UAE KP Office. The following documents must be submitted:
- Traders must submit their import/export trade activity report dating from 1st January up to 31 December of every year
- Traders must submit their local trade activity report dating from 1st January up to 31 December of every year
- Valid trade license copy
- Authorization letter confirming the name of the staff representative to clear the rough diamond shipment
- Passport copy of the staff representative authorised to clear the rough diamond shipment
- Authorization letter towards the Clearing Agent
- Acknowledgement to abide by the UAE KP Office policies and procedures
4.2. Import Procedure
4.2.1. Hand Carry:
- Hand carried rough diamond shipments along with the Original KP Certificates must be submitted to the Customs Authorities at the Airport. The passenger (carrying the rough diamond shipment) will be given a Copy of the ‘Passenger Baggage Receipt by the Customs Authority’. Customs Authority will attach a copy of this receipt to the shipment.
- The passenger will have to contact the Customs office on +971 4 2183244 and ask them to transfer the goods to the KP Office.
- Documents to be submitted to the U.A.E. KP office in order to clear the hand carried rough diamond shipment are:
- Copy of the passenger’s passport.
- Copy of the passenger’s ticket and boarding pass.
- Original KP certificate along with the rough diamond shipment.
- Copy of import invoice
- Original passenger baggage receipt.
- Copies of the same documents must be submitted to Customs Authorities.
- The rough diamond shipment will then be inspected and verified by U.A.E. KP office.
4.2.2. Clearing agent:
- Original KP certificate along with the rough diamond shipment
- Copy of import invoice
- Authorization letter for clearing agent
- Copies of the same documents must be submitted to Customs Authorities.
4.3. Export Procedure
4.3.1. Hand carry:
Copy of the import KP Certificate.
5 copies of the export invoice containing the system of warranties statement.
Copy of the Bill of Entry.
Copy of the passenger’s passport.
Copy of the passenger’s ticket.
Copies of the same documents must be submitted to Customs Authorities.
4.3.2. Clearing Agent:
Copy of the import KP Certificate
Copy of the Bill of Entry
5 copies of the export invoice containing the system of warranties statement
Copies of the same documents must be submitted to Customs Authorities.
4.3.2 .UAE Local Market
The Kimberley Process Certificate number must be noted on the selling invoice
A copy of the sale invoice must be faxed to the UAE KP Office on +971 4 2996639
4.4. System Of Warranties And Invoice Requirements
4.4.1. Invoice requirements
Invoices should be printed on seller’s company letterhead. The seller is required to maintain copies of invoices for at least 5 years. The following should be disclosed on the invoices:
Date
Sellers’ details (Name, Address, Contacts)
Buyers’ details (Name, Address, Contacts)
Description of goods/rough diamonds (As per packing list: Carat weight of each parcel, price USD/Carat, total price)
Payment details (bank & payment terms)
Verified by seller (signature & company stamp)
4.4.2. System Of Warranties
In accordance with the System of Warranties for Diamonds, each invoice must also contain one of the following statements:
Post January 2003:
“The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with United Nations resolutions. The seller hereby guarantees that these diamonds are conflict free, based on personal knowledge and/or written guarantees provided by the supplier of these diamonds.”
Prior to 1 January 2003:
“The diamonds herein invoiced have been purchased prior to 1 January 2003 from sources that, to the best of our knowledge, are reliable. The seller hereby guarantees that they have no personal knowledge or reason to believe that these diamonds are involved in funding conflict and/or have been traded in violation of any United Nations Resolution.”
Note: Rough diamond traders selling parcels of diamonds with pre- and post-January 2003 stock, must include both of the above statements in their invoice. However, you will still need to keep accurate records verified by your warranties of all transactions of post-January 1, 2003 diamonds.
APPENDIX A
ADDITIONAL NOTES
Part 1: KP Moscow Resolution on Cote d’Ivoire:
In recognition of the United Nations Security Council decision & the Kimberley Process Plenary Moscow Resolution, the UAE Kimberley Process Office acknowledges the ongoing conflict in Northern Cote d’Ivoire and the possible introduction of such illicit diamonds into the legitimate diamond trade, threatening the integrity and credibility of the Kimberley Process Certification Scheme.
Rough Diamond Traders in UAE:
Members are required to be assertive that the rough diamonds they are trading and/or manufacturing are not produced in Cote d’Ivoire.
Members are required to report parties suspected of dealing in rough diamonds produced in Cote d’Ivoire.
Part 2: Trade of rough diamonds from Venezuela is suspended:
Subsequent to Venezuela’s declaration to suspend itself from the Kimberley Process earlier this month, U.A.E. K.P members are – until further notice – to refrain from trading in diamonds originating from Venezuela, directly or indirectly.