Precious stones, cores and samples of precious stones

Member: 

Basic information

1

Outline of the system

The list of products covered under Lesotho's Import Licensing/Import Permit system has been specified in the "Import Restrictions (Amendment) Regulations, 2009". This regulation also stipulates the relevant authorities responsible for managing the licensing process of each product. The import licensing system generally requires an importer to first approach the relevant issuing authority to be guided on the specific application material required for importation of the specified product. Once the necessary documentation has been procured, the importer presents these along with a completed application form to the issuing authority for consideration. The documentation is then reviewed against the administrative requirements and within the timeline specified by the issuing authority for import of the specified product. An import permit is issued once the approval process is complete. Applied terminology varies by institution with some issuing "import permits" while other issue "import licences".

The importer lodges an application through the office of the Commissioner at the Department Mines and Geology within the Ministry of Natural Resources. All applications are considered by the Commissioner of Mines and Geology and a decision is granted within 2 days. The licence for importation of precious stones is issued immediately upon approval of an application.

2

Product coverage

Permits are required for precious stones, cores and samples of precious stones. Cores and samples only imported in cases where precious stones have been found.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

The licensing system is not intended to restrict the quantity or value of imports of goods listed but rather to monitor the inflow for statistical purposes and in the case of diamonds, eliminate trade in conflict diamonds.

6

Questions for products under restriction as to the quantity or value of imports

Not applicable.

7

The system applies to products originating from which country?

The system applies to goods originating in and coming from all countries.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

Persons with a valid licence are eligible to import precious stones, except in the case of diamonds where only licensed dealers with appropriate funds to cover business expenses are eligible to apply for a licence to import diamonds.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Department of Mines and Geology

Documentation requirements

24

What information is required in applications?

A sample import application form is required.

25

What documents is the importer required to supply with the application?

Additional documentation required are the plan and location of office space with stamp of approval by the community council, tax certificates from the Lesotho Revenue Authority, a police clearance document and proof of Kimberly process certification in the case of diamonds.

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Application shall be made 2 days in advance of intended importation date. For rough and uncut diamonds imported into Lesotho, the importer is required to apply for registration and pay a fee of 2.5% of the value thereof no later than the first business days following the date on which such diamond is imported into Lesotho.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

There are no limitations as to the period of the year during which application for licence to import may be made.

Issuing the license

28

Can a licence be granted immediately on request?

Licence may be granted 2 days after the request is made provided that all relevant documentation is available.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

30

Which administrative body is responsible for approving application of licences?

The Department of Mines and Geology is the single administrative organ designated to consider applications for licences to import precious stones.

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

34

What is the amount of the fee or charge?

2.5% of the invoice value is paid to the Department of Mines and Geology as an administrative fee.

35

Is there any deposit or advance payment required associated with the issue of licences?

There is no deposit or advance payment requirement.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Permits are not granted on the basis that the applicant did not meet requirements (particularly for diamonds this refers to the provision of a valid Kimberly process certificate of origin) or presented falsified information.

41

Are the reasons for any refusal given to applicants?

Reasons for refusal are given to the applicant in writing.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

The applicant can appeal the decision to the Minister of Natural Resources.

43

If so, to what bodies and under what procedures?

There is no appeal procedure specified in the legislation.

Importation

44

Are there any limitations as to the period of year during which importation may be made?

45

What documents are required upon actual importation?

Documents required upon actual importation include: proof of traders licence, proof of licence to import and Kimberly process certification in the case of diamonds.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

Licences are granted for a period of 1 year and can be renewed annually. A new application is required where an applicant does not import any precious stones for a period of 2 years.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There are no penalties for the non-utilisation of a licence or a portion of a licence.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences cannot be transferred between importers.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Foreign exchange is automatically provided by the banking authorities for goods to be imported if other administrative procedures required are fulfilled.

51

Is a licence required as a condition to obtaining foreign exchange?

Licences are not required as a condition to obtaining foreign exchange.

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?

Formalities to be fulfilled to obtain the foreign exchange include the presentation of identification document, proof of sufficient funds in bank account, and a Pro-Forma Invoice.