Basic information
Outline of the system
Australia is a participant to the Kimberley Process (KP) and the Kimberley Process Certification Scheme (KPCS). Australian legislation implements our obligations under this international agreement.
The importation of rough diamonds is prohibited under regulation 4MA of the Customs (Prohibited Imports) Regulations 1956 unless the diamonds are; transported in a tamper-proof container, exported from a country that is a participant of the KPCS, and accompanied by a valid KP Certificate. KP Certificates are issued by the relevant export authority in the country exporting the goods to Australia. An original and valid KP Certificate must be presented to the Australian Border Force (ABF) at the time of importation.
The importer must retain the original KP Certificate for a period of five years after the time of importation. The certificate must be made available to the Department of Industry, Science, Energy and Resources (DISR) if requested.
The Department of Foreign Affairs and Trade is Australia's lead Policy KP Focal Point, the ABF within the Home Affairs Portfolio is the import authority for the KPCS in Australia and DISR is the export authority for the KPCS in Australia.
Product coverage
The KP is an international agreement aimed at preventing the entry of "conflict diamonds" into the legitimate global supply chain. The trade in conflict diamonds is a matter of serious international concern, which can be directly linked to the fuelling of armed conflict, the activities of rebel movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, and proliferation of small arms and light weapons.
Rough diamonds means diamonds that are unworked or simply sawn, cleaved or bruted and fall under the relevant Harmonised Commodity Description and Coding System 7102.10, 7102.21 and 7102.31.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The KPCS is not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The KPCS is an international certification scheme that outlines the rules and standards that govern global trade and production of all rough diamonds, and applies to all Participant countries of the KP.
Participants of the KP must meet the terms of KPCS, including issuing export certificates to verify rough diamonds are conflict free.
Under the terms of the KPCS participants must:
• Satisfy minimum requirements and establish national legislation, institutions and import/export controls.
• Commit to transparent practices and to the exchange of critical statistical data.
• Trade only with fellow members who also satisfy the fundamentals of the agreement.
• Certify shipments as conflict-free and provide the supporting certification.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control of imports of rough diamonds is a statutory requirement under regulation 4MA of the Customs (Prohibited Imports) Regulations 1956, made under the Customs Act 1901.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any person, firm or institution is eligible to apply to an authorised KP Participant exporting authority for a KP Certificate.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications are made in writing and must provide the following:
• importer's name and address;
• proof of origin of rough diamonds being exported;
• original receipt of purchase of rough diamonds;
• an affirmative statement declaring all rough diamonds are produced from legitimate sources and are not conflict diamonds;
• country of import;
• carat weight;
• total value;
• any other information as requested by the KP Participant exporting authority.
What documents is the importer required to supply with the application?
For permission to import rough diamonds, the importer must apply for a KP Certificate from the Exporting authority of the export country.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application for and issue of a KP Certificate needs to be made in advance of arrival of the goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No, permits may be issued at any period of the year.
Issuing the license
Can a licence be granted immediately on request?
KP Certificates are not normally issued immediately. The time taken to issue a KP Certificate is dependent on the time taken for completion of a number of checks by the exporting authority issuing the certificate. In some cases, this may take up to several weeks.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
KP Certificates are only issued by the exporting authority of a recognised KP Participant. KP Certificates are presented to the importing authority of a recognised KP Participant on import.
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?
Specified conditions for issuing a KP Certificate are set out by each individual KP Participant.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Fees and charges for the issue of a KP Certificate is at the discretion of the KP Participant. Some KP Participants do charge a fee, while others do not.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
Application for a KP Certificate to export rough diamonds can be refused at the discretion of the Exporting Authority in the exporting country.
Are the reasons for any refusal given to applicants?
Reasons for refusal may or may not be provided to the applicant, and will depend on the exporting authority protocols and internal controls.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No, permits may be issued at any period of the year.
What documents are required upon actual importation?
The original KP Certificate must be presented to the ABF at the time of importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A KP Certificate is typically valid for a two-month period. However, KP Exporting Authorities can determine different expiry timeframes as required. This may be the case for frequent exporters. KP Certificates cannot be extended. If a KP Certificate is not presented to an importing authority of a KP Participant country prior to the expiry date, the exporter must apply for a new KP Certificate.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a KP Certificate.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
KP Certificates are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.