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KIMBERLEY PROCESS CERTIFICATE
ACT, 2003 (ACT 652)
ARRANGEMENT OF SECTIONS
Section
1. Kimberley Process Certificate
Required for Export of Rough
Diamonds.
2. Application for Kimberley
Certificate.
3. Issue and Form of Kimberley
Certificate.
4. Export Report
5. Import Report
6. Packaging of Rough Diamonds
for Export and Import.
7. Record Keeping of Rough
Diamond Trade.
8. Suspension and Cancellation
of Licence.
9. Offence
10. Interpretation
SCHEDULE
Form 1—Application for Kimberley
Certificate
Form 2—Form of Kimberley
Certificate
Form 3—Export report for rough
diamonds
Form 4—Report on import of rough
diamonds
THE SIX HUNDRED AND FIFTY-SECOND
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
KIMBERLEY PROCESS CERTIFICATE
ACT, 2003
AN ACT to provide for the
requirement of Kimberley Process
Certificate for the export and
import of rough diamonds and to
provide for related matters.
DATE OF ASSENT: 24th October,
2003.
BE IT ENACTED by Parliament as
follows:
Section 1—Kimberley Process
Certificate Required for Export
of Rough Diamonds.
A person who has been granted a
licence under section 3 of the
Minerals and Mining Law, 1986
(PNDCL 153) shall not export
rough diamonds unless that
person has applied for and been
issued a Kimberley Process
Certificate, referred to in this
Act as the "Kimberley
Certificate" by the Minister.
Section 2—Application for
Kimberley Certificate.
An application for a Kimberley
Certificate shall be as in Form
1 set out in the Schedule to
this Act, and shall be made to
the Minister.
Section 3—Issue and Form of
Kimberley Certificate.
(1) The Minister may where all
the information required to be
given under section 2 is
supplied, issue a Kimberley
Certificate in respect of the
rough diamonds to which the
application relates, within
three days from the date of
submission of the application.
(2) An applicant who does not
comply with section 2 shall not
be issued with a Kimberley
Certificate.
(3) The Kimberley Certificate
shall contain the information
provided in Form 2 set out in
the Schedule.
Section 4—Export Report.
(1) An exporter of rough
diamonds shall prepare a report
which shall be as in Form 3 set
out in the Schedule.
(2) Form 3 shall be presented to
a customs officer at the time of
export and a copy shall be sent
to the Minister by mail, courier
or delivered by hand within
seven days after the export.
Section 5—Import Report.
(1) An importer of rough
diamonds shall prepare a report
which shall be as in Form 4 set
out in the Schedule and shall be
presented to a customs officer
at the time of clearing the
import.
(2) Form 4 shall be accompanied
with a Kimberley Certificate
issued by the exporting
authority responsible for rough
diamonds in the country of
origin of the rough diamonds.
(3) A copy of Form 4 and the
Kimberley Certificate from the
exporter shall be sent to the
Minister by mail, courier or
delivered by hand within seven
days after the importation of
the rough diamonds.
Section 6—Packaging of Rough
Diamonds for Export and Import.
(1) Rough diamonds shall be
exported or imported in
containers in accordance with
this Act.
(2) A container for the export
or import of rough diamonds
shall be constructed in a manner
that makes the reseal of the
container impossible after it is
opened.
(3) The container in which rough
diamonds are exported shall bear
the serial number of the
accompanying Kimberley
Certificate.
Section 7—Record Keeping of
Rough Diamond Trade.
A person who exports or imports
rough diamonds shall keep in
respect of the rough diamonds
the following records:
(a) the serial numbers of the
Kimberley Certificates; and
(b) the purchase order, invoice
or similar document if the rough
diamonds were purchased or
otherwise obtained by the
exporter or importer.
Section 8—Suspension and
Cancellation of Licence.
(1) The Minister may suspend or
cancel a licence issued to an
exporter of rough diamonds under
section 1 if the holder
(a) fails to submit a report
required under section 4 or 5 of
this Act;
(b) is in breach of any
provision of this Act or any
other enactment relating to the
export and import of rough
diamonds;
(c) makes any statement to the
Minister in connection with a
Kimberley Certificate which the
exporter knows or ought to have
known to be false; or
(d) for any reason becomes
ineligible to apply for a
Kimberley Certificate under this
Act.
(2) The Minister shall before
suspending or cancelling a
licence, give notice to the
holder in such manner as the
Minister may determine and shall
in the notice require the holder
to remedy the breach and where
the breach cannot be remedied,
show cause to the satisfaction
of the Minister why the licence
should not be suspended or
cancelled.
(3) On cancellation of a
licence, the rights of the
holder shall cease but without
prejudice to any liabilities or
obligations incurred by any
person prior to the date of the
cancellation.
Section 9—Offence.
(1) A person who is in breach of
any provision of this Act
commits an offence and is liable
on summary conviction to a fine
not exceeding 500 penalty units
or a term of imprisonment not
exceeding two years or both.
(2) The Diamonds, the subject of
the conviction shall be
forfeited to the state.
Section 10—Interpretation.
In this Act unless the context
otherwise requires—
"Harmonized System" means the
Harmonized Commodity Description
and Coding System set out in the
Customs Tariff;
"Kimberley Certificate" means
(a) in relation to the export
of rough diamonds from Ghana,
the certificate issued by the
Minister or a person authorised
by the Minister for the export
of rough diamonds from this
country;
(b) in relation to the import
of rough diamonds, a similar
Kimberley Certificate issued by
the respective authority of the
exporting country for the export
of rough diamonds;
"Minister" means the Minister
responsible for mines.
SCHEDULE
FORM 1
(Section 2)
Application for Kimberley
Certificate
(Section 2)
Name and address of applicant
exporter/company
......................................................
Name and address of applicant
where not the exporter
...............................................
Name and address of consignee of
rough diamonds
...................................................
Origin of rough diamonds
.............................................................................................
Longitude and latitude of
exploration site
..................................................................
Place and name of the facility
where diamonds extracted
........................................
Place and name of the mine
.........................................................................................
Mass of rough diamonds measured
in carats
..............................................................
Value of rough diamonds in U.S.
Dollars or the cedi equivalent
..............................
...........................................................................................................................................
I hereby declared that the
information contained in this
application is correct.
Date
Name
Signature
FORM 2
(Section 3)
Form of Kimberley Certificate
(Section 3)
Name and address of
exporter/company
....................................................................
Name and address of consignee
..................................................................................
Mass of rough diamonds measured
in carats
................................................................
Value of rough diamonds in U.S.
Dollars or the cedi equivalent
..................................
Harmonized System for the rough
diamonds
...............................................................
Number of containers in
shipment
.............................................................................
Serial number for each
container
................................................................................
Date of issue and expiry of
certificate
........................................................................
The rough diamonds in this
shipment have been handled in
accordance with the provisions
of the Kimberley Process
International Certification
Scheme for rough diamonds.
Date
Minister responsible for Mines
FORM 3
(Section 4)
Export report for rough diamonds
Name and address of exporter
.....................................................................................
Name and address of consignee
....................................................................................
Serial number of Kimberley
Certificate
.........................................................................
Date of export of rough
diamonds
................................................................................
I hereby attest to the accuracy
of the contents of this report.
The rough diamonds in this
shipment have been handled in
accordance with the provisions
of the Kimberley Process
International Certification
Scheme for rough diamonds.
Date
Name
Signature
Note: This report shall be
authenticated by a customs
officer at the time of
exportation of the rough
diamonds and the duplicate of a
report shall be given to the
customs officer at the time of
exportation of the rough
diamonds.
FORM 4
(Section 5)
Report on import of rough
diamonds
Name and address of importer
.......................................................................................
Name and address of consignee
....................................................................................
Serial number of Kimberley
Certificate
........................................................................
Date of import of rough
diamonds
..............................................................................
I hereby attest to the accuracy
of the contents of this report.
Date
Name
Signature
Note: This report shall be
authenticated by a customs
officer at the time of clearance
of the rough diamonds and the
duplicate of a report shall be
given to the customs officer at
the time of clearance of the
rough diamonds.
Date of Gazette Notification:
24th October, 2003.
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