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KINGDOM OF SWAZILAND.
2013 ANNUAL REPORT FOR THE
KIMBERLEY PROCESS CERTIFICATION
SCHEME.
1st
January, 2013 to 31st
December, 2013.
2	
  	
  
PREAMBLE.
In accordance with Section VI, paragraph 11 of the Kimberley Process
Certification Scheme document and the Administrative Decision on the KP
Peer Review System, the Kingdom of Swaziland hereby presents the 2013
Kimberley Process Certification Scheme Annual Report.
A. INSTITUTIONAL FRAMEWORK.
The Diamond Act; Act No. 3 of 2011 which was enacted in April, 2011
provides for control on export and import of rough diamonds and for the
Kimberley Process Certification Scheme for trade in rough diamonds with
Participants in the Kimberley Process Certification Scheme (KPCS).
The Minister for Natural Resources and Energy is responsible for Minerals in
the Kingdom of Swaziland. The Commissioner of Mines is the official
administrator of the mines and minerals sector and consequently the
coordinator for the implementation of the KPCS in liaison with the Central
Bank of Swaziland, Royal Swaziland Police and the Swaziland Revenue
Authority. The Department of Customs and Excise is under the Swaziland
Revenue Authority and they are stakeholders by extension.
The Office of the Commissioner of Mines consists of professionals that
include mining engineers, geologists, hydrogeologists, laboratory
technicians, geological technicians, draftspersons and drillers but the official
coordinator and focal point for the implementation of the Kimberley Process
Certification Scheme is:
Mr Sibusiso Samuel Ntshalintshali,
KPCS Focal Person,
Acting Commissioner of Mines,
Geological Surveys, Minerals and Mines Departments,
Lilunga Building,
Third Floor,
West Wing,
3	
  	
  
Somhlolo Road,
Mbabane,
Swaziland.
Telephone: (+268) 2404 8624 (Direct)
(+268) 2404 4263
(+268) 2404 3840
Facsimile: (+268) 2404 8609
Mobile: (+268) 7606 3634
E-mail: miningdept@swazi.net
siso@realnet.co.sz
B. LEGAL FRAMEWORK.
The control of import and export of diamonds is governed by the Diamond
Act; Act No. 3 of 2011. There were legislative changes made in 2013.
The legal framework for implementing the Diamond Act is as follows;
Provision Section of the Act
Export of rough
diamonds
3
Import of rough
diamonds
4
Conveyance of rough
diamonds
7
Valuing and sealing of
rough diamonds
12
Records of rough
diamond transactions
13, 18
Internal controls, 23,24,25,26,27,28,29,31,33,34,35
4	
  	
  
monitoring, seizure 	
  
Penalties, fines and
punishment
3,(3),, 4(2), 5(2), 6(2), 7(2), 8(2),
9(2), 12(6), 13(6), 14(3), 15(6),
16(7), 29(2), 33(2), 35(11), 36(2),
38 and 39.
The formulation of the Diamond Regulations is near completion but the
absence of the Regulations does not compromise the integrity of the KPCS
because there was no diamond transaction carried out in the reporting
period.
C. IMPORT AND EXPORT REGIME.
C.1 Outgoing shipments.
The only diamond mining project that was envisaged to take off at the
defunct diamond mine site never commenced any mining operations. The
Mining Lease Agreement that had been granted in 2009 to another company
was revoked in November, 2012 due to failure by the Lessee to fully honour
the terms and conditions of the agreement. Therefore, Swaziland did not
export any diamonds in 2013.
C.2 Incoming shipments.
Swaziland did not process any cross border transactions involving diamonds
in 2013 because of the ongoing process of establishing an import and export
institute.
The country has procured a consignment of blank Kimberley Process
Certificates, hardware and software and is awaiting delivery. The
aforementioned items were ordered from the approved printers of the
national banknotes and other security documents used by the Central Bank
5	
  	
  
of Swaziland and the printing company was recommended and endorsed by
the Central Bank of Swaziland.
D. SYSTEM OF INTERNAL CONTROLS AND INDUSTRY SELF-
REGULATION.
There is no diamond producing mine in Swaziland. However, there is a
defunct diamond mine project that ceased operations in 1997 and this mine
site is guarded by the national army personnel 24 hours, 7 days a week. The
posting of security personnel is national response to safeguarding all
strategic minerals that include coal, gold and diamonds towards any
unscrupulous persons who might have their own agenda.
The internal control system used for providing security to the defunct
diamond project site would be extended to be reviewed by the pending KPCS
peer review mission to be undertaken in late 2014 or early 2015.
E. STATISTICS.
The Kingdom of Swaziland recorded zero carats on production, exports and
imports of diamonds in 2013 due to the non-activity of the sector. There is
no record of exports or imports because of the ongoing development of the
import and export authority.
F. IMPLEMENTATION OF RECOMMENDATIONS OF KIMBERLEY
PROCESS REVIEW VISITS AND/OR REVIEW MISSIONS.
Swaziland did not receive any technical assistance in this reporting period
sanctioned by the KP. However, a precedence study tour was undertaken to
the Republic of Botswana and Kingdom of Lesotho, respectively, to
benchmark on the development of an import and export institute in
conformity to the requirements of the KPCS. The establishment of the
import and export authority is facilitated by a financial grant from the
Republic of China on Taiwan that is primarily meant to implement the
Diamond Act and facilitate the establishment of the support structures.
6	
  	
  
G. INFRINGEMENTS AND COOPERATION WITH RESPECT TO
ENFORCEMENT.
Swaziland has not experienced any fraudulent certificates or illicit trading in
diamonds as the institute to govern the import and export of diamonds is till
under development. Likewise, there have been no reports or problems of
suspicious shipments reported by the national security agents and other
stakeholders. The Customs and Border Control under the Swaziland
Revenue Authority is collaborating with the Office of Commissioner of Mines
in the enforcement action to prevent illegal import, export or transit of illegal
goods.
Swaziland has been enlisted to receive a KPCS peer review mission in late
2014 or early 2015 and we are looking forward to this mission.
Swaziland acknowledges that the technical visits to the Republic of
Botswana and Kingdom of Lesotho, respectively, had a positive impact on
the conceptualisation of the import and export institute and the lessons
learnt from the Participants are invaluable.
H. MISCELLANEOUS.
The pace at which Swaziland is developing an Importing and Exporting
Institute is slow due to the red tape and government bureaucracy in
obtaining authority to procure equipment, create posts and recruit
personnel to serve in this infant institute.
This red tape has inevitably hampered the progress in establishing and
staffing of the import and export institute forthright.

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2013 KPCS Annual Report Swaziland

  • 1. 1     KINGDOM OF SWAZILAND. 2013 ANNUAL REPORT FOR THE KIMBERLEY PROCESS CERTIFICATION SCHEME. 1st January, 2013 to 31st December, 2013.
  • 2. 2     PREAMBLE. In accordance with Section VI, paragraph 11 of the Kimberley Process Certification Scheme document and the Administrative Decision on the KP Peer Review System, the Kingdom of Swaziland hereby presents the 2013 Kimberley Process Certification Scheme Annual Report. A. INSTITUTIONAL FRAMEWORK. The Diamond Act; Act No. 3 of 2011 which was enacted in April, 2011 provides for control on export and import of rough diamonds and for the Kimberley Process Certification Scheme for trade in rough diamonds with Participants in the Kimberley Process Certification Scheme (KPCS). The Minister for Natural Resources and Energy is responsible for Minerals in the Kingdom of Swaziland. The Commissioner of Mines is the official administrator of the mines and minerals sector and consequently the coordinator for the implementation of the KPCS in liaison with the Central Bank of Swaziland, Royal Swaziland Police and the Swaziland Revenue Authority. The Department of Customs and Excise is under the Swaziland Revenue Authority and they are stakeholders by extension. The Office of the Commissioner of Mines consists of professionals that include mining engineers, geologists, hydrogeologists, laboratory technicians, geological technicians, draftspersons and drillers but the official coordinator and focal point for the implementation of the Kimberley Process Certification Scheme is: Mr Sibusiso Samuel Ntshalintshali, KPCS Focal Person, Acting Commissioner of Mines, Geological Surveys, Minerals and Mines Departments, Lilunga Building, Third Floor, West Wing,
  • 3. 3     Somhlolo Road, Mbabane, Swaziland. Telephone: (+268) 2404 8624 (Direct) (+268) 2404 4263 (+268) 2404 3840 Facsimile: (+268) 2404 8609 Mobile: (+268) 7606 3634 E-mail: miningdept@swazi.net siso@realnet.co.sz B. LEGAL FRAMEWORK. The control of import and export of diamonds is governed by the Diamond Act; Act No. 3 of 2011. There were legislative changes made in 2013. The legal framework for implementing the Diamond Act is as follows; Provision Section of the Act Export of rough diamonds 3 Import of rough diamonds 4 Conveyance of rough diamonds 7 Valuing and sealing of rough diamonds 12 Records of rough diamond transactions 13, 18 Internal controls, 23,24,25,26,27,28,29,31,33,34,35
  • 4. 4     monitoring, seizure   Penalties, fines and punishment 3,(3),, 4(2), 5(2), 6(2), 7(2), 8(2), 9(2), 12(6), 13(6), 14(3), 15(6), 16(7), 29(2), 33(2), 35(11), 36(2), 38 and 39. The formulation of the Diamond Regulations is near completion but the absence of the Regulations does not compromise the integrity of the KPCS because there was no diamond transaction carried out in the reporting period. C. IMPORT AND EXPORT REGIME. C.1 Outgoing shipments. The only diamond mining project that was envisaged to take off at the defunct diamond mine site never commenced any mining operations. The Mining Lease Agreement that had been granted in 2009 to another company was revoked in November, 2012 due to failure by the Lessee to fully honour the terms and conditions of the agreement. Therefore, Swaziland did not export any diamonds in 2013. C.2 Incoming shipments. Swaziland did not process any cross border transactions involving diamonds in 2013 because of the ongoing process of establishing an import and export institute. The country has procured a consignment of blank Kimberley Process Certificates, hardware and software and is awaiting delivery. The aforementioned items were ordered from the approved printers of the national banknotes and other security documents used by the Central Bank
  • 5. 5     of Swaziland and the printing company was recommended and endorsed by the Central Bank of Swaziland. D. SYSTEM OF INTERNAL CONTROLS AND INDUSTRY SELF- REGULATION. There is no diamond producing mine in Swaziland. However, there is a defunct diamond mine project that ceased operations in 1997 and this mine site is guarded by the national army personnel 24 hours, 7 days a week. The posting of security personnel is national response to safeguarding all strategic minerals that include coal, gold and diamonds towards any unscrupulous persons who might have their own agenda. The internal control system used for providing security to the defunct diamond project site would be extended to be reviewed by the pending KPCS peer review mission to be undertaken in late 2014 or early 2015. E. STATISTICS. The Kingdom of Swaziland recorded zero carats on production, exports and imports of diamonds in 2013 due to the non-activity of the sector. There is no record of exports or imports because of the ongoing development of the import and export authority. F. IMPLEMENTATION OF RECOMMENDATIONS OF KIMBERLEY PROCESS REVIEW VISITS AND/OR REVIEW MISSIONS. Swaziland did not receive any technical assistance in this reporting period sanctioned by the KP. However, a precedence study tour was undertaken to the Republic of Botswana and Kingdom of Lesotho, respectively, to benchmark on the development of an import and export institute in conformity to the requirements of the KPCS. The establishment of the import and export authority is facilitated by a financial grant from the Republic of China on Taiwan that is primarily meant to implement the Diamond Act and facilitate the establishment of the support structures.
  • 6. 6     G. INFRINGEMENTS AND COOPERATION WITH RESPECT TO ENFORCEMENT. Swaziland has not experienced any fraudulent certificates or illicit trading in diamonds as the institute to govern the import and export of diamonds is till under development. Likewise, there have been no reports or problems of suspicious shipments reported by the national security agents and other stakeholders. The Customs and Border Control under the Swaziland Revenue Authority is collaborating with the Office of Commissioner of Mines in the enforcement action to prevent illegal import, export or transit of illegal goods. Swaziland has been enlisted to receive a KPCS peer review mission in late 2014 or early 2015 and we are looking forward to this mission. Swaziland acknowledges that the technical visits to the Republic of Botswana and Kingdom of Lesotho, respectively, had a positive impact on the conceptualisation of the import and export institute and the lessons learnt from the Participants are invaluable. H. MISCELLANEOUS. The pace at which Swaziland is developing an Importing and Exporting Institute is slow due to the red tape and government bureaucracy in obtaining authority to procure equipment, create posts and recruit personnel to serve in this infant institute. This red tape has inevitably hampered the progress in establishing and staffing of the import and export institute forthright.