Basic information
Outline of the system
Import licences/certificates are required for the import of rough diamonds. The import measure is applied for fulfilment of HKSAR's international obligations. The licensing system is primarily operated by the Trade and Industry Department.
Product coverage
Rough diamonds
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
The import licensing/certification system is intended to fulfil international obligations.
Products under restriction as to the quantity or value of imports
The principal objective of the import licensing/certification system is not to restrict the quantity or value of imports, but for fulfilment of HKSAR's international obligations.
Questions for products under restriction as to the quantity or value of imports
Not applicable as the import licensing/certification system is not intended to restrict the quantity or value of imports.
The system applies to products originating from which country?
For rough diamonds, all imports of rough diamonds from non-participants of the Kimberley Process* have been banned since 2 January 2003. *The Kimberley Process is a negotiating forum originated from discussions in the United Nations General Assembly regarding rebel activities in some parts of Africa. The forum aims at stopping trade in "conflict diamonds" from fuelling armed conflicts, activities of rebel movements and illicit proliferation of armament.
Expected duration of licensing procedure
The import certification system is an ongoing requirement.
Legal requirements
Is the licensing statutorily required?
The import licensing/certification system is a statutory requirement maintained under the Import and Export (General) Regulations (Cap. 60A) and the Import and Export Ordinance (Cap. 60).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Legislation does not leave designation of product to be subject to licensing/certification to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Any changes to the import licensing/certification system require legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
A person carrying on a business of importing rough diamonds must be registered with the Trade and Industry Department first before it can apply for an import certificate.
What persons or firms are eligible to apply for a licence?
Registration is open to all persons.
Is there a registration fee?
The registration fee is HK$645 (valid for two years).
Is there a published list of authorized importers?
There is no published list of registered rough diamond traders.
Contact point for information on eligibility
Ministry/Authority
Trade and Industry Department
Address
Rough Diamonds and Ozone Depleting Substances Licensing Unit, Room 1604, 16/F, Trade and Industry Tower, 3 Concorde Road, Kowloon City, Hong Kong
Telephone
(852) 2398 5557
Fax
N/A
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Trade and Industry Department
Documentation requirements
What information is required in applications?
In general, information to be supplied includes particulars of the importer, of the importation and of the products to be imported. The Import Certificate Application Form for rough diamonds is available at https://www.tid.gov.hk/english/aboutus/form/publicform/nontextiles/files....
What documents is the importer required to supply with the application?
A copy of the Kimberley Process Certificate issued by the relevant exporting country/place
Window of submission of an application
How far in advance of importation must application for a licence be made?
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/certificate may be made.
Issuing the license
Can a licence be granted immediately on request?
In exceptional cases, a licence can be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Instant service is provided.
Which administrative body is responsible for approving application of licences?
The Trade and Industry Department is the sole administrative organ for the processing and approval of import licences/certificates.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
The licensing/certification conditions are printed on the front or back of the import licence/certificate. The Import Certificate Application Form for rough diamonds is available at:
https://www.tid.gov.hk/english/aboutus/form/publicform/nontextiles/files...
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Application for rough diamonds import certificate may be lodged through a downloadable application form which is free of charge.
What is the amount of the fee or charge?
A fee of HK$175 is charged on the issue of an import certificate.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Under normal circumstances, an application for an import licence/certificate is usually granted if it meets the ordinary criteria.
Are the reasons for any refusal given to applicants?
Reasons for refusal will be given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants may appeal to the Chief Executive of the HKSAR in the event of refusal to issue an import licence/certificates. The Chief Executive may confirm, vary or reverse the decision of the Director General of Trade and Industry. The right to appeal to the Chief Executive is provided in relevant statutes.
If so, to what bodies and under what procedures?
Applicants may appeal to the Chief Executive of the HKSAR in the event of refusal to issue an import licence/certificates. The Chief Executive may confirm, vary or reverse the decision of the Director General of Trade and Industry. The right to appeal to the Chief Executive is provided in relevant statutes.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which importation may be made.
What documents are required upon actual importation?
The import certificate is the only document required upon actual importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Unless otherwise stated, an import licence/certificate is valid for 28 days for rough diamonds. The period of validity can be extended by the Director General of Trade and Industry depending on the merits of individual requests.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization. Importers should however cancel or amend the licences/certificates.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licence/certificate is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The banking authorities automatically provide foreign exchange for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
No licence is required as a condition to obtaining foreign exchange.