Basic information
Outline of the system
The UK's rough diamonds import regime controls the import, export and transit of rough diamonds, in line with the requirements of the Kimberley Process.
The Kimberley Process is a regulatory certification scheme set up by States with the aim of breaking the link between armed conflict and the trade in rough diamonds. The Kimberley Process has established a set of requirements which participants must comply with and enforce through enacting national legislation. This includes ensuring that a Kimberley Process Certificate accompanies each export of rough diamonds from their territory, and no shipment of rough diamonds is imported to or exported from a non-participant.
The Government Diamond Office in the Foreign, Commonwealth and Development Office, is responsible for implementing the Kimberley Process in the UK.
Product coverage
Rough diamond imports must be accompanied by a Kimberley Process certificate issued and validated by the competent authority of the exporting participant. A competent authority means the authority designated by a participant to issue, validate or verify a certificate. A certificate means a document duly issued and validated by a participant's competent authority identifying a shipment of rough diamonds as being in compliance with the requirements of the Kimberley Process certificate scheme.
Rough diamonds are diamonds that are unworked or simply sawn, cleaved or bruted and fall under the relevant trade tariff commodity codes – 7102.1000 (unsorted rough diamonds), 7102.2100 (industrial rough diamonds) and 7102.3100 (non-industrial rough diamonds).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life or health; protect environment; and to comply with the Kimberley Process Certification Scheme
Products under restriction as to the quantity or value of imports
The import regime does not restrict the quantity or value of imports. The purpose of the UK's import regime is to enforce the requirements of the Kimberley Process, a conflict prevention measure designed to break the link between armed conflict and the trade in rough diamonds.
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 import regime applies to rough diamonds being imported from a Kimberley Process participant. A participant is defined as any State, regional economic integration organisation, WTO member or separate customs territory that fulfils the requirements of the KP certification scheme and has notified that fact to the Chair of the KP certification scheme. Rough diamond imports from non-participants of the Kimberley Process will be denied entry.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
Retained EU law: Council Regulation (EC) No. 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.
UK legislation: The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019, The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2020, and The Kimberley Process (Fees) Regulations 2014. (Specific arrangements apply in Northern Ireland including by virtue of the Protocol on Ireland/Northern Ireland. Further details on the operation of the Protocol on Ireland/Northern Ireland can be found at https://www.gov.uk/guidance/export-diamonds-special-rules.)
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
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?
All persons, firms and institutions are eligible to import rough diamonds into the UK providing the import complies with the import conditions set out in 11 below (and any other import requirements not related to the Kimberley Process), including being accompanied by a Kimberley Process certificate issued and validated by the competent authority of the exporting participant. The terms and conditions associated with the application and issuing of a certificate will be determined by the competent authority of the exporting participant and may vary from participant to participant.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Government Diamond Office, Foreign, Commonwealth & Development Office
Address
King Charles Street, London SW1A 2AH
Telephone
+44 020 7008 2938; +44 020 7008 8289
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Government Diamond Office, Foreign, Commonwealth & Development Office
Documentation requirements
What information is required in applications?
What documents is the importer required to supply with the application?
Rough diamond imports must be accompanied by a Kimberley Process certificate issued and validated by the competent authority of the exporting participant. The terms and conditions associated with the application and issuing of a Kimberley Process certificate are determined by the competent authority of the exporting participant and may vary from participant to participant. A competent authority means the authority designated by a participant to issue, validate or verify a certificate. A certificate means a document duly issued and validated by a participant's competent authority identifying a shipment of rough diamonds as complying with the requirements of the Kimberley Process certificate scheme.
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
Issuing the license
Can a licence be granted immediately on request?
There are a number of Kimberley Process related import conditions which must be satisfied. Only after it has been confirmed that the import complies with the conditions set out in 11 below will the import be granted entry (subject to compliance with any other import requirements not related to the Kimberley Process).
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The UK's import regime begins when the rough diamond import arrives at the UK border. The importer must make arrangements for the Kimberley Process certificate to be presented to the border authorities.
Which administrative body is responsible for approving application of licences?
The Government Diamond Office works with border authorities (UK Border Force and HM Revenues and Customs) to check if rough diamond imports comply with the import conditions set out in 11 below. All imports of rough diamonds may be subject to physical inspection by the Government Diamond Office to confirm compliance.
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?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Not applicable.
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?
If the rough diamond import does not comply with the import conditions set out in 11 below, it will be detained for further investigation by the Government Diamond Office.
Are the reasons for any refusal given to applicants?
As part of the investigation, the Government Diamond Office will advise the importer why the import has failed compliance and discuss ways to rectify. Rough diamond imports can only be granted entry into the UK once all import conditions are met.
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?
There is no limitation as to the period of the year when an import of rough diamonds can arrive in the UK.
What documents are required upon actual importation?
There are a number of Kimberley Process related import conditions which must be satisfied. These conditions are that:
• The rough diamonds are accompanied by a Kimberley Process certificate validated by the competent authority of a Kimberley Process participant.
• The rough diamonds are contained in tamper-resistant containers, and the seals applied at export by the participant are not broken.
• The Kimberley Process certificate clearly identifies the consignment to which it refers.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Customs declarations.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The Kimberley Process certificate must be within the period of validity when the import arrives at the UK border. If the certificate is not within the period of validity, the import will be detained for further investigation by the Government Diamond Office.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Not applicable.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The name and address of the importer on the certificate must be the same as the name and address of the actual importer. Therefore, it is not transferable.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable for the UK's import requirements.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable for the UK's import requirements.
Is foreign exchange always available to cover licences issued?
Not applicable for the UK's import requirements.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable for the UK's import requirements.