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2009 Administrative Decision on Guinea
1.
Administrative Decision
Plenary has reviewed the report of the Working Group on Statistics concerning Lebanon-Guinea
trade discrepancies, the reports of the Kimberley Process review visits to Guinea (August 2008),
Liberia (May 2009), and Sierra Leone (May 2009), and the Final Report (October 2009) of the
Group of the UN Group of Experts on Cote d’Ivoire. Plenary concludes that Guinea could take
steps to improve compliance with the Kimberley Process Certification Scheme (KPCS).
Plenary takes note of the recommendation that Guinea should implement the recommendations
of the UN Group of Experts on Côte d'Ivoire, the Working Group on Statistics, and the
Kimberley Process review visit to Guinea, in particular, the recommendations on strengthening
Guinea's internal controls. Plenary welcomes Guinea's commitment to address the issues
identified in the above-referenced reports.
Plenary recommends that Guinea enter into a dialogue with the Working Group on Monitoring
on a finalized Action Plan with a view towards strengthening its internal controls. Plenary
requests the Working Group on Monitoring to monitor on an ongoing basis Guinea's compliance
with the minimum requirements of the KPCS and its implementation of these measures, and to
inform Participants and Observers, through the Chair. Plenary requests the WGDE to review
Guinea’s estimate of actual production capacity.
Plenary also recommends that Guinea enter into formal dialogue with KP representatives from
Liberia, Sierra Leone, Cote d’Ivoire, and Ghana concerning methods for improved regional
cooperation and KP implementation. Plenary welcomes Liberia’s commitment to hosting a
regional meeting to further these efforts.
Plenary invites offers of technical assistance to assist Guinea in these efforts.
Swakopmund
6 November 2009
2.
Annex
Measures to be included by Guinea in its Action Plan
1. From 1 January 2010, or as soon as the necessary equipment can be provided to Guinea,
Guinea is to export rough diamonds once the following measures are in place:
• Contents of all shipments to be photographed digitally by Guinean authorities
and sent to the Working Group of Diamond Experts (WGDE), along with
detailed information concerning parcel contents as detailed on the reverse of
the Guinean KPC. This information is to be examined remotely by WGDE in
order to verify the origin of shipments.
2. With immediate effect, any shipments containing diamonds of suspected non-Guinean origin
should be:
• stopped;
• reported, along with digital photographs of such shipments, to the Working
Group on Monitoring (WGM) and WGDE; and
3. With respect to geologic assessment of diamond production:
a) By 31 January 2010, Guinea is requested to:
o Identify existing sources of information on the production capacity of Guinea
and provide these to the WGDE.
b) By 28 February 2010, Guinea is requested to:
o Provide an estimate of current actual production capacity of each diamond
producing area broken down by sector (industrial, licensed artisanal, etc.) to the
WGDE, which is to review the estimate.
c) By 30 April 2010, or as soon as feasible, the WGDE is to arrange a mission to Guinea
for purposes of geologic review and assessment. A report on such assessment is to be
presented to the KP Chair and WGM by Intersessional 2010.
4. By 1 June 2010, Guinea is requested to:
o Develop a detailed plan to improve internal controls which should draw on the
Moscow Declaration on Improving Internal Controls in Alluvial Producers,
the Brussels Declaration on Cote d’Ivoire, and at a minimum, should include
efforts to comply with the following components:
o exports permitted only by licensed exporters;
3.
o recording of all transactions from mine involving rough diamonds by the
issuance of receipts by the seller. Buyers in each transaction to keep all
receipts of purchases in their books.
o Periodic review of documentation and procedures of all licensed exporters.
Guinea’s reports of such reviews are to be described in its Annual Report to
the WGM.
5. Guinea is to ensure that each stage of its production and export is subject to rigorous
monitoring and oversight of each stage, including spot checks and regular audits;
6. In its report due by 1 June 2010, Guinea should therefore:
a) Report on activities and improvements during the next seven months concerning:
(i) enforcement of the requirement for all transactions to be documented, in
particular from mine to licensed diamond buyer; and
(ii) monitoring and oversight of production and internal trade from mine to point
of export.
b) Report on progress made on a strategy to address the remaining issues identified in
paragraph 4 above.
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7. To assist the Guinean authorities, in light of the WGS analysis, the appropriate KP authorities
in Participants identified by the WGS with particular anomalies vis-à-vis exports originally
reported from Guinea are requested by 1 May 2010 to interact with companies purchasing rough
diamonds from Guinea and to report to Guinea, WGDE, WGS, and the WGM as to any findings
concerning such possible anomalies. These Participants could also consider spot checks and
other forms of due diligence on future shipments involving such companies importing from
Guinea.
8. The WGM could undertake outreach to Lebanon concerning a future Review Visit.
9. In recognition that the issues underlying the need for improvement in KPCS compliance in
Guinea and neighboring countries may be limited to certain actors within the country, and in
light of Paragraph IV of the Moscow Declaration on Improving Internal Controls in Alluvial
Producers, the WGM, WGS, and WGDE could consider cooperation on the preparation a
preliminary paper concerning the potential for targeting or identifying of individual actors (e.g.,
buyers, traders, etc.) determined to be engaged in activity that cause violations of the KPCS by a
Participant.