Regulation of the People's Republic of China on the Administration of the Implementation of the Kimberley Process Certification Scheme

Article 1 This Regulation is developed in accordance with the Customs Law of the People's Republic of China, the Law of the People's Republic of China on the Inspection of Imported and Exported Commodities, and its Implementation Regulation, and other relevant laws and administrative regulations, the United Nations General Assembly Resolution 55/56, and the Regulation of the Kimberley Process Certification Scheme (“KPCS”) for the purposes of fulfilling international obligations, maintaining peace and stability in Africa, and halting the illegal trade in conflict diamonds.

Article 2 This Regulation shall apply to the administration of the implementation of the KPCS for imported and exported rough diamonds.

Article 3 The General Administration of Customs is the regulatory authority for the implementation of the KPCS.

The competent customs designated by the General Administration of Customs shall be responsible for examining Kimberley Process Certificates accompanying imported rough diamonds, issuing Kimberley Process Certificates for rough diamonds to be exported, and carrying out inspection of imported and exported rough diamonds.

Article 4 The Kimberley Process Certificate is a legally binding official certificate.

Article 5 The countries of origin of imported rough diamonds and the countries of destination of exported rough diamonds shall be members of the Kimberley Process.

The list of Kimberley Process members shall be separately announced by the General Administration of Customs.

Article 6 Consignees of imported rough diamonds or their agents shall truthfully declare to the Customs upon strength of the Kimberley Process Certificates issued by the designated institutions of the countries of origin.

Article 7 After accepting declaration, the Customs shall examine the Kimberley Process Certificates at the designated place in the presence of consignees or their agents, and carry out inspection of imported rough diamonds.

When necessary, the Customs may conduct inter-member verification of Kimberley Process Certificates.

Article 8 After examination and inspection, if the imported rough diamonds are consistent with the information recorded in the Kimberley Process Certificates, the Customs shall allow them to enter the country, and issue entry confirmation certificates to the designated institutions of the countries of origin; and where the imported rough diamonds are inconsistent with the information recorded in the Kimberley Process Certificates, with consent of the designated institutions of the countries of origin, the Customs shall change the information recorded in the Kimberley Process Certificates according to the results of the examination and inspection, allow the rough diamonds to enter the country, and issue entry confirmation certificates to the designated institutions of the countries of origin.

Where it does not fall under the circumstances of the preceding paragraph, the Customs shall notify consignees or their agents of returning the rough diamonds to the countries of origin. The Customs may issue technical certificates on the basis of consultation with the designated institutions of the countries of origin.

Article 9 Consignors who export rough diamonds or their agents shall declare to the Customs that the rough diamonds are non-conflict diamonds and the countries of destination are members of the Kimberley Process, and truthfully declare to the Customs.

For rough diamonds declared to be mined in the territory of China, consignors or their agents shall also submit photocopies of the mining licenses, the rough diamond mining certificates issued by the mining right owners and the relevant documents of domestic trading.

For rough diamonds declared that they are not mined in China, the consignors or their agents shall also submit the accompanying Kimberley Process Certificates at the time of entry. Where the rough diamonds are further processed in the territory, the relevant materials for processing shall be provided.

Article 10 After accepting declaration, the Customs shall examine the declaration information at the designated places and in the presence of consignors or their agents, and carry out inspection of the exported rough diamonds.

Article 11 Where, after examination and inspection, exported rough diamonds satisfy the requirements of this Regulation, the Customs shall issue Kimberley Process Certificates, supervise consignors or their agents to place the rough diamonds and the Kimberley Process Certificates in the loss prevention containers, and notify designated institutions of the countries of destination of the relevant information on the Kimberley Process Certificate.

Where the exported rough diamonds do not satisfy the requirements of this Regulation, the Customs shall not issue any Kimberley Process Certificate.

Article 12 Where exported rough diamonds are returned to the territory of China through negotiation between the designated institutions of the countries of destination and the Customs, the consignees or their agents shall declare them to the Customs upon strength of the Kimberley Process Certificates and the technical certificates issued by the designated institutions of the countries of destination. After examination and inspection, the Customs shall return the technical certificates to the issuing institutions of the countries of destination, and the original Kimberley Process Certificates shall be invalid concurrently.

Article 13 The Customs and the consignees or consigners of rough diamonds shall file declaration documents, Kimberley Process Certificates, technical certificates and other materials, and the archives shall be kept for not less than three years.

Article 14 The Kimberley Process Certificates and technical certificates issued by the Customs shall be valid within 60 days from the date of issuance.

Article 15 For rough diamonds in transit, transshipment and transportation, the Customs is not required to examine the Kimberley Process Certificates or conduct inspection provided that the persons in charge of the means of transport ensure that the rough diamonds loss-proof containers are unopened and undamaged.

Article 16 To facilitate trade and supervision, relevant diamond exchanges and trading centers shall cooperate with the Customs and provide necessary conditions.

Article 17 The General Administration of Customs shall, according to the requirements of the KPCS, exchange data in a timely manner and release relevant information to the public in a unified manner.

Article 18 Violators of this Regulation shall be punished by the Customs according to the relevant laws and regulations.

Article 19 The definitions of the following terms used in this Regulation are as follows:

The Kimberley Process is an international institution formed by the United Nations General Assembly to crack down on illicit trade in conflict diamonds.

“Conflict diamonds” means, in accordance with the relevant resolutions of the United Nations General Assembly and the United Nations Security Council, rough diamonds used by rebel movements or their Allies to finance armed conflicts of all kinds to overturn or overthrow legitimate governments.

“Rough diamonds” means unprocessed, simply cut or partially polished diamonds classified under subheadings 7102.10, 7102.21 and 7102.31 in the Harmonized Commodity Description and Coding System.

"Kimberley Process Certificate” means a written document issued by the designated institution of the countries of origin certifying that the rough diamond listed in the certificate complies with the relevant provisions of the KPCS and is not a conflict diamond.

“Technical certificate” means a written document issued by the designated institution of the country of destination accompanying the rough diamond returned to the country of origin due to inconsistency between the actual circumstance of the rough diamond and the information contained in the accompanying Kimberley Process Certificate.

“Country of origin” means a member of the Kimberley Process that rough diamonds last physically leave according to the law, as recorded in the Kimberley Process Certificate.

“Country of destination” means a member of the Kimberley Process that rough diamonds first physically enter according to the law, as recorded in the Kimberley Process Certificate.

Designated institution is the institution of a Kimberley Process member responsible for the inspection of the rough diamonds imported and exported by the member and the examination and issuance of Kimberley Process Certificates and technical certificates.

Article 20 The format of documents as prescribed in this Regulation shall be separately announced by the General Administration of Customs.

Article 21 This Regulation shall be subject to the interpretation of the General Administration of Customs.

Article 22 This Regulation shall come into force on September 1, 2024, upon which the Regulation of the People's Republic of China on the Administration of the Implementation of the Kimberley Process Certification Scheme issued by Order No. 42 of the former General Administration of Quality Supervision, Inspection and Quarantine on December 31, 2002, and revised by order No. 196 of the former General Administration of Quality Supervision, Inspection and Quarantine) on March 6, 2018, Order No. 238 of the General Administration of Customs on April 28, 2018, Order No. 240 of the General Administration of Customs on May 29, 2018, and Order No. 243 of the General Administration of Customs on November 23, 2018 shall be repealed.