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Kimberley Process Certification Scheme
(KPCS)
ANNUAL REPORT 2013
in accordance with Section VI, paragraph 11 of the KPCS document
Switzerland
31 March 2014
Introductory Remarks
This report has been prepared in accordance with section VI, paragraph 11 of the KPCS document
and the Guidelines for the preparation of annual reports contained in Annex I of the Administrative
Decision (AD) on the Implementation of Peer Review in the KPCS. It also takes into account the
requirements for the preparation of annual reports for submission in 2005 and subsequent years,
which were elaborated by the KP Working Group on Monitoring (WGM) as well as the
recommendation contained in the Brussels Declaration on Internal controls of Participants with rough
diamond trading and manufacturing.
A.Institutional Framework
The institutional framework for the implementation of the KPCS in Switzerland has not changed in the
year under review. For detailed information, please refer to the annual report submitted on 31
st
March
2004.
Point of contact and official coordinator
The person of contact for matters related to the KPCS and the official coordinator dealing with its
implementation in Switzerland remains
Mrs. Fabienne Juilland Metzger
State Secretariat for Economic Affairs (SECO)
Sanctions Unit
Holzikofenweg 36
CH-3003 Berne / Switzerland
Tel.: +41 31 323 23 87
Fax: +41 31 323 51 10
swissdiamonds@seco.admin.ch
These contact details are to be used also for the purpose of import confirmation according to the AD
on import confirmation adopted in Kinshasa in November 2011.
B.Legal Framework
The legal framework for the implementation of the KPCS in Switzerland has not changed in the year
under review. For detailed information, please refer to the annual report submitted on 31
st
March 2004.
The annex of the Ordinance on the International Trade in Rough Diamonds (Diamond Ordinance) lists
the participants meeting the minimum requirements of the KPCS. It has been updated in accordance
with the decision of the KPCS regarding the admission of Mali.
C.Import and Export Regime
The import and export regime has not changed in the year under review. For detailed information,
please refer to the annual report submitted on 31
st
March 2004.
2
D.System of internal controls and Industry Self-Regulation
The information provided in previous reports remains valid in substance.
E.Statistics
The Swiss statistical data has been submitted in accordance with annex III of the KPCS document via
the statistics website (quarterly data on imports and exports, as well as certificate count per
participant). On an ongoing basis Switzerland is furthermore reconciling its data bilaterally with its
trading partners.
F.Miscellaneous
Central African Republic
Following the KP's decision to temporarily suspend the Central African Republic (CAR) from the
KPCS, Switzerland has removed CAR from its national list of participants meeting the minimum
requirements. The customs offices authorized to process rough diamond shipments have been
instructed to exert special vigilance with regard to shipments possibly originating from CAR. The
relevant footprint was made available together with a call for enhanced scrutiny with regards to
shipments coming from neighbouring participants.
Special vigilance measures
Switzerland continues to exert special vigilance with regards to diamonds possibly originating from
Côte d'Ivoire. Suspicious shipments are specially scrutinized. They are detained and digital
photographs sent for appraisal to the Chair of the Working Group of Diamond Experts (WGDE).
Valuation issue
A shipment of rough diamonds imported from Sierra Leone and subsequently re-exported with a much
higher price has been temporarily seized in order to understand the reasons behind this increase of
value. Details of the shipment including digital photographs have been sent for appraisal to the Chair
of the WGDE. The case highlights once again the difficulty to establish values as well as justifiable
margins in diamond transactions.
Participation in Working Groups and other Committees
As in previous years, Switzerland actively participated in the work of the Working Group on Statistics
(WGS), the Committee on Rules and Procedures (CRP) and the Selection Committee.
Review Visit to Switzerland
The report of the second Review Visit to Switzerland (7-8 November 2012) was finalized and
endorsed by the 2013 Plenary. The report confirms Switzerland's continued compliance with KPCS
minimum requirements and acknowledges the fact that Switzerland has implemented all but one
recommendation made by the first Review Team in 2004.
Switzerland is currently working at implementing the new recommendations formulated by the Review
Team. With regard to the Team's second recommendation (i.e. further use of confiscated diamonds)
3
Switzerland has conducted a survey among selected participants to understand existing practices in
this area. Unfortunately the feedback received has been very low so far.
The issue of current practices with regard to confiscated diamonds had already been brought up in
Switzerland's 2011 annual report. Switzerland continues to believe that KP participants should strive to
develop a shared approach with regard to this matter.
G.Cases of Infringement of the KPCS
Case of diamond smuggling
A case of diamond smuggling was uncovered in 2013 in the context of an operation conducted by the
Swiss Border Guard. The operation was not targeted at uncovering diamond smuggling but falsified
identity documents. However during the mission a Guinean national having swallowed 10 carats of
rough diamonds was arrested. As the person was not in a position to present evidence of legal import
into Switzerland, the diamonds have been seized and definitively confiscated.
Pre-Kimberley Diamonds
A pending case concerning the definite seizure of 62'183 carats of rough diamonds declared to have
arrived in Switzerland before the implementation of the KPCS was decided by the Supreme Court,
which confirmed the definitive confiscation of the goods.
4

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2013 KPCS Annual Report Switzerland

  • 1. 1 Kimberley Process Certification Scheme (KPCS) ANNUAL REPORT 2013 in accordance with Section VI, paragraph 11 of the KPCS document Switzerland 31 March 2014
  • 2. Introductory Remarks This report has been prepared in accordance with section VI, paragraph 11 of the KPCS document and the Guidelines for the preparation of annual reports contained in Annex I of the Administrative Decision (AD) on the Implementation of Peer Review in the KPCS. It also takes into account the requirements for the preparation of annual reports for submission in 2005 and subsequent years, which were elaborated by the KP Working Group on Monitoring (WGM) as well as the recommendation contained in the Brussels Declaration on Internal controls of Participants with rough diamond trading and manufacturing. A.Institutional Framework The institutional framework for the implementation of the KPCS in Switzerland has not changed in the year under review. For detailed information, please refer to the annual report submitted on 31 st March 2004. Point of contact and official coordinator The person of contact for matters related to the KPCS and the official coordinator dealing with its implementation in Switzerland remains Mrs. Fabienne Juilland Metzger State Secretariat for Economic Affairs (SECO) Sanctions Unit Holzikofenweg 36 CH-3003 Berne / Switzerland Tel.: +41 31 323 23 87 Fax: +41 31 323 51 10 swissdiamonds@seco.admin.ch These contact details are to be used also for the purpose of import confirmation according to the AD on import confirmation adopted in Kinshasa in November 2011. B.Legal Framework The legal framework for the implementation of the KPCS in Switzerland has not changed in the year under review. For detailed information, please refer to the annual report submitted on 31 st March 2004. The annex of the Ordinance on the International Trade in Rough Diamonds (Diamond Ordinance) lists the participants meeting the minimum requirements of the KPCS. It has been updated in accordance with the decision of the KPCS regarding the admission of Mali. C.Import and Export Regime The import and export regime has not changed in the year under review. For detailed information, please refer to the annual report submitted on 31 st March 2004. 2
  • 3. D.System of internal controls and Industry Self-Regulation The information provided in previous reports remains valid in substance. E.Statistics The Swiss statistical data has been submitted in accordance with annex III of the KPCS document via the statistics website (quarterly data on imports and exports, as well as certificate count per participant). On an ongoing basis Switzerland is furthermore reconciling its data bilaterally with its trading partners. F.Miscellaneous Central African Republic Following the KP's decision to temporarily suspend the Central African Republic (CAR) from the KPCS, Switzerland has removed CAR from its national list of participants meeting the minimum requirements. The customs offices authorized to process rough diamond shipments have been instructed to exert special vigilance with regard to shipments possibly originating from CAR. The relevant footprint was made available together with a call for enhanced scrutiny with regards to shipments coming from neighbouring participants. Special vigilance measures Switzerland continues to exert special vigilance with regards to diamonds possibly originating from Côte d'Ivoire. Suspicious shipments are specially scrutinized. They are detained and digital photographs sent for appraisal to the Chair of the Working Group of Diamond Experts (WGDE). Valuation issue A shipment of rough diamonds imported from Sierra Leone and subsequently re-exported with a much higher price has been temporarily seized in order to understand the reasons behind this increase of value. Details of the shipment including digital photographs have been sent for appraisal to the Chair of the WGDE. The case highlights once again the difficulty to establish values as well as justifiable margins in diamond transactions. Participation in Working Groups and other Committees As in previous years, Switzerland actively participated in the work of the Working Group on Statistics (WGS), the Committee on Rules and Procedures (CRP) and the Selection Committee. Review Visit to Switzerland The report of the second Review Visit to Switzerland (7-8 November 2012) was finalized and endorsed by the 2013 Plenary. The report confirms Switzerland's continued compliance with KPCS minimum requirements and acknowledges the fact that Switzerland has implemented all but one recommendation made by the first Review Team in 2004. Switzerland is currently working at implementing the new recommendations formulated by the Review Team. With regard to the Team's second recommendation (i.e. further use of confiscated diamonds) 3
  • 4. Switzerland has conducted a survey among selected participants to understand existing practices in this area. Unfortunately the feedback received has been very low so far. The issue of current practices with regard to confiscated diamonds had already been brought up in Switzerland's 2011 annual report. Switzerland continues to believe that KP participants should strive to develop a shared approach with regard to this matter. G.Cases of Infringement of the KPCS Case of diamond smuggling A case of diamond smuggling was uncovered in 2013 in the context of an operation conducted by the Swiss Border Guard. The operation was not targeted at uncovering diamond smuggling but falsified identity documents. However during the mission a Guinean national having swallowed 10 carats of rough diamonds was arrested. As the person was not in a position to present evidence of legal import into Switzerland, the diamonds have been seized and definitively confiscated. Pre-Kimberley Diamonds A pending case concerning the definite seizure of 62'183 carats of rough diamonds declared to have arrived in Switzerland before the implementation of the KPCS was decided by the Supreme Court, which confirmed the definitive confiscation of the goods. 4