kimberly process

1.
CONSOLIDATED LIST OF TECHNICAL GUIDELINES AND BEST
PRACTICES (as of November 2006)
TECHNICAL GUIDELINES
Guideline
Adopted
1 Uncertainty in relation to the placement of the KP Certificate in
respect to the sealed containers:
The importing Participant must clearly and precisely be able to
identify the shipment to which a Kimberley Process Certificate
pertains.
April 28,
2003
2 Opening of sealed containers in transit by national authorities:
Shipments of rough diamonds in sealed containers that have been
opened for inspection by national authorities in transit, and that
are duly resealed by that national authority, will be considered
compliant to the Kimberley Process Certification Scheme.
The receiving Kimberley authority on import will, however,
contact that national authority to verify the authenticity of
the (re-) seal and report these incidents to the Chair and the
annual Plenary meeting
.
April 28,
2003
3 Territories of Participants covered by the KPCS:
All Participants must inform the Chair and the other Participants
which of their territories have to be considered authorised
destinations.
April 28,
2003
4 The use of alpha 2 ISO 3166-1 country codes to identify
Participants:
The use of the alpha2 ISO 3166-1 country code on the Kimberley
Process Certificate is considered non-essential to the effective
implementation of the Kimberley Process Certification Scheme,
and should, therefore, be considered an ‘Optional Certificate
Element’.
April 28,
2003
5 The use of the HS- Harmonised System codes for the April 28,
classification of rough diamonds: 2003
Participants that are also members of the World Customs Revised on
Organisation, are to urge their customs services to seek detailed October 30,
clarification and straightforward guidelines from the World 2003
Customs Organisation, on the correct and consequent use of the
HS-Harmonised codes in relation to shipments of rough Disregarded
diamonds. In the mean time, Participants should report (Obsolete)
divergences in classification on a regular basis to the Chair. October 29,
2004

2.
6 Declared value in US$ on the KPCertificate: April 28,
2003
The Working Group decided to study the issue of the mention of
value in US$ on the Kimberley Process Certificate in detail and Revised on
to propose improvements to better identify rough diamonds in October 30,
shipments. The Working Group concluded that the value in US $ 2003
on the KP Certificate remains a vital parameter for the
successful implementation of the KPCS and therefore reiterates
that the mention of the value in US$ on the KP Certificate IS a
minimum requirement of the KPCS (Annex I – Certificates – A.
Minimum requirements for certificates).
7 Mention of country of origin:
A Country of Origin should only be mentioned on the Kimberley
Process Certificate when the shipment contains rough diamonds
that are all mined or extracted in one country. Most of the time,
only diamond producing countries will be able to ascertain this
with an acceptable degree of accuracy.
April 28,
2003
8 Format of the Certificate:
The Kimberley Process Certificate is an identification document
for a shipment of rough diamonds. As such, it doesn’t replace, or
make redundant, other necessary documents such as customs
declarations and invoices. To avoid confusion, a Kimberley
Process Certificate should preferably have a different layout
than these pre-existing forms.
April 28,
2003
9 Security features:
Participants should demonstrate that their Kimberley Process
Certificates are ‘Tamper and forgery resistant’ as mentioned in
KPCS- ANNEX I § A.
April 28,
2003
10 Requirements imposed on other authorities:
No undue burdens should be imposed on other governments,
authorities or industry by requiring very short confirmation
delays. Electronic confirmation of import should be performed as
soon as possible. Where paper import confirmation certificates
have to be physically returned, regular transmission periods
should be accepted.
Electronic advance warning of arrival of shipments, when
unencrypted, should be avoided where possible, as this could
result in serious security breaches.
April 28,
2003
11 Exporter on the KP Certificate:
Although the KPCS does not identify “Exporter” or “Importer”
in Section I Definitions, the Exporter listed on the KP Certificate
October 30,
2003

3.
should have an address in the geographical territory of the
Participant that issues the KP Certificate.
12 Mention of Country of Origin (2):
(see also Guideline 7)
Country of Origin on the KP Certificate should only be filled out
when all the diamonds in the shipment of rough diamonds
originate from the same diamond producing country that has
been listed as a diamond-producing Participant. In all other
instances the mention Country of Origin on the KP Certificate
should be filled with asterisks.
October 30,
2003
13 Distinction between rough diamonds and powder: October 29,
The definition of 'Rough Diamonds' in Section I of the KPCS- 2004
document means diamonds that fall under the Relevant
Harmonised Commodity Description and Coding System Rescinded
7102.10, 7102.21 and 7102.31 and that are equal or larger than November
1000 µm or 1.0 mm in one dimension. Diamonds smaller than 2006
this cut-off, will not obtain a Kimberley Process Certificate, and
will not be recorded and reported in the KP statistics.
Furthermore, parcels of rough diamonds (i.e. larger than 1.0 mm
in one dimension) for which a Kimberley Process Certificate is
mandatory should not contain diamonds smaller than this cut-off
14 Import confirmation:
Exporting Participants are requested to exchange with Importing
Participants on a bilateral basis quarterly lists of KP Certificate
numbers accompanying rough diamond shipments. Importing
Participants are requested to verify and flag any missing
numbers and other discrepancies to the Exporting Participant
and the Chair.
October 29,
2004
15 Mention of Country of Origin (3):
(see also Guidelines 7 and 12)
The mention "Country of Origin" in Section I Definitions of the
KPCS document should be read as "Country of Origin(Mining)",
and is , as such, different from "Country of Origin" as defined in
the 1986 Agreement on Rules of Origin (ARO).Participants are
therefore requested to -wherever possible- print "(Mining)"
immediately following "Country of Origin" on their KP
Certificates, and instruct their relevant authorities on this
distinction
October 29,
2004

4.
BEST PRACTICES
Best Practice 1: Exploration Samples
In order to initiate a chain of custody, exploration samples including core and bulk
samples that may contain rough diamonds, are best accompanied by a letter of comfort
when exported to a testing facility where any included rough diamonds may be extracted.
Best Practice 2: Number of parcels in shipment
In order to avoid confusion the actual number of parcels in a shipment and the actual
number of separately sealed containers accompanied by a single KP Certificate, are best
listed on the KP Certificate following “Number of parcels:” such as “20 parcels in 2
containers/boxes/trunks”.