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2010 Administrative Decision Cooperation Enhancement with the WCO
1.
Kimberley Process
ADMINISTRATIVE DECISION
ON COOPERATION ENHANCEMENT WITH THE WORLD CUSTOMS
ORGANIZATION (WCO)
Introduction
Plenary decides, in accordance with Section 6 of the KPCS Core document, to work towards
the enhancement of the Kimberley Process cooperation with the World Customs Organization
(WCO).
Plenary recognizes that the Kimberley Process and the WCO share the same values and, to a
certain extent, the same working environment. Plenary also notes that notwithstanding the
common ground little has been undertaken to coordinate the efforts and activities of both
organizations. Plenary recognizes that better cooperation between the two organizations will
bolster the efficiency of the KPCS and further their respective as well as mutual goals to
eradicate illicit trade in conflict diamonds.
Proposed Actions
Accordingly, Plenary decides to adopt the following proposed actions (Annex 1 – detailed
plan):
1. Establish formal contacts including the exchange of invitations for representatives of both
organizations to participate in relevant meetings and forums,
2. Engage customs agencies of Participants, as well as WCO, to participate in Kimberley
Process activities,
3. Enhance intelligence gathering and sharing,
4. Collaborate in training of customs agents and other enforcement officials,
5. Continue the modification process of the explanatory notes regarding relevant HS Codes
and valuation of rough diamond shipments,
6. Plenary designates the Chair of the Working Group of Diamond Experts as its focal point
for implementation of the plan for cooperation with the WCO.
Plenary establishes a joint working group, co-chaired by the Chairs of the Working Group of
Diamond Experts and the Working Group on Monitoring, tasked with the responsibility of
identifying methods to develop the KP's cooperation with additional law enforcement
organizations.
Adopted in Jerusalem Plenary, November 2010
2.
Annex 1
Cooperation between the Kimberley Process and the World Customs Organization
Introduction:
To increase awareness of the Kimberley Process and its mission to end the trade in conflict
diamonds, cooperation with the World Customs Organization (WCO) is envisaged.
The World Customs Organization (WCO) is the only intergovernmental organisation
exclusively focused on Customs matters. Currently 176 member Customs agencies take part
in the organization. Its main activities include work in areas covering the development of
global standards, the simplification and harmonisation of Customs procedures, trade supply
chain security, the facilitation of international trade, the enhancement of Customs
enforcement and compliance activities, anti-counterfeiting and piracy initiatives, public-
private partnerships, integrity promotion, and sustainable global Customs capacity building
programmes. The WCO also maintains the international Harmonized System goods
nomenclature, and administers the technical aspects of the WTO Agreements on Customs
Valuation and Rules of Origin.
Although, the Kimberley Process and the World Customs Organization share the same values
and, to a certain extent, the same working environment, very little has been undertaken to
coordinate the efforts and activities of both organizations.
Previous contacts have been limited. During the negotiation phase of the Kimberley Process,
observers of the World Customs Organization were invited and participated in discussions at
some Plenary negotiation sessions.
Later, during the May 2004, 33rd
Meeting of the Committee of the HS, the Kimberley Process
Certification Scheme obtained observer-status and proposed changes to the Explanatory
Notes on diamond-related HS-codes. In follow-up, contacts between executives of the HS-
Committee and the chair of the Kimberley Process Working Group of Diamond Experts
(WGDE) continued on an ad hoc basis.
In February 2010, during a meeting between the Chair of the Kimberley Process and the
WCO Secretary General, it was agreed to explore ways to enhance cooperation between the
Kimberley Process and the WCO. It is hoped that better cooperation between the two
organizations will bolster the efficiency of the certification scheme and further their
respective goals.
Following-up on this engagement, representatives of the Kimberley Process, the WCO
Secretariat, and a WCO Member, have discussed such an initiative, and propose the adoption
of relevant recommendations for further discussions, remarks and approval at the appropriate
decision making bodies in the Kimberley Process and the WCO.
Proposed Actions for the Kimberley Process and its Participants:
1. Establish formal contacts and exchange invitations:
The KP and the WCO will exchange invitations to participate in relevant meetings.
3.
a. The KP will invite representatives of the WCO to Intersessional and Plenary
meetings. Designated Customs specialists from appointed by the Chair of teh
KP may participate in meetings of the WCO’s Working Group on
Commercial Fraud in order to promote the initiative.
b. The KP Bodies may invite specialists from the WCO’s Enforcement
Committee and/or Working Group on Commercial Fraud to participate in
relevant meetings and activities. Specialists of the Kimberley Process not
belonging to Customs Administrations of Participants may participate in
sessions on the illicit trade in diamonds of the WCO’s Working Group on
Commercial Fraud, who may contribute to the session and promote
cooperation between the Kimberley Process and the WCO and its Members.
2. Engage Customs agencies of Participants and WCO Members to participate in
Kimberley Process activities:
On the occasion of the Intersessional meeting in Tel Aviv (21-23 June, 2010), the KP
organised a seminar on the subject of border control and enforcement issues. The
seminar provided a platform to discuss domestic experiences on Customs, border
control, smuggling and related enforcement efforts through inter-agency enforcement
cooperation.
The participation of WCO-officials underscores the need for international cooperation
between national and international enforcement organisations. Furthermore, through
the WCO, the Kimberley Process reaches out beyond its own circle of Participants,
and interacts with enforcement agencies of WCO Members to fight smuggling of
diamonds.
a. The Kimberly Process in cooperation with the WCO Secretariat and the
WCO’s Working Group on Commercial Fraud Secretariat may encourage
Members of the Kimberly Process to send their Customs specialists to
participate in the Kimberly Process activities.
b. The WCO’s Enforcement Committee will include on its agenda a session to
discuss issues relating to the illicit trade in diamonds, with a view to find best
practices to fight the phenomena, arising from the prior work of the Working
Group on Commercial Fraud.
c. Upon suggestion of the WCO’s Working Group on Commercial Fraud the
Kimberley Process may organize annual Enforcement Seminars and invite
Customs specialists of its Participants and WCO Members to attend.
3. Intelligence gathering and sharing:
The WCO – through its regional centres or Regional Intelligence Liaison Offices
(RILO’s)- gathers a wealth of relevant information related to smuggling and the
criminal networks involved. Likewise but differently, the Kimberley Process owns
probably the best database of the legitimate global rough diamond production and
trade, based on the required statistical information provided by its Participants. It is
noted that both organizations can benefit considerably from each other’s expertise and
experience in the matter.
a. The Kimberly Process in cooperation with the WCO’s Enforcement
Committee may suggest that the WCO’s Regional Intelligence Liaison
4.
Offices (RILO's) initiate and support special International Customs
Cooperation Projects in the issue of illicit trade in diamonds.
4. Collaborate in training of Customs and other enforcement officers:
Specific diamond knowledge training can be provided for law enforcement officers of
Customs agents of KP Participants and WCO members. A joint WCO-KPCS training
initiative may stimulate diamond related investigations.
a. The Kimberley Process in cooperation with the WCO’s Enforcement
Committee may make available particular diamond-expertise in support of
capacity building activities organized at the WCO’s Regional Offices for
Capacity Building (ROCB's) in the area of control over the illicit trade in
diamonds.
5. Continue fine tuning Explanatory Notes of relevant HS Codes and Valuation of
Rough Diamond Shipments:
a. The Kimberley Process through its Working Group of Diamond Experts
continues to work on clarifying distinctions between different relevant HS
codes in order to propose improvements of the Explanatory Notes to the HS-
Committee of the WCO.
b. The Kimberley Process through its Working Group of Diamond Experts
continues to work on improving the capacity of its Participants in valuation
of rough diamond shipments in accordance with the WTO Agreements on
Customs Valuation.
6. Continuous cooperation between the Kimberley Process and the WCO:
a. The Kimberley Process and the WCO will create a forum for open dialog
between the two organizations. The Kimberley Process will be presented by
the Chair of the KP, the Vice Chair and the chairs of the WGDE and WGS.
The established mode of cooperation and dialog will form the basis for future potential for
expansion to include additional international bodies that deal with prevention of illicit trade
and related issues.
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