kimberly process

1. 1
Administrative Decision
Plenary has reviewed the reports of the Chair's Special Envoy to the Republic of Ghana
(November 2006), the UN Group of Experts on Côte d'Ivoire (UN document S/2006/735)
and the Kimberley Process review visit to Ghana in December 2005, and concludes that
these could constitute credible indications of significant non-compliance with the
minimum requirements of the Kimberley Process Certification Scheme (KPCS).
Plenary takes note of the recommendation of the Chair's Special Envoy that Ghana
should implement the recommendations of the UN Group of Experts on Côte d'Ivoire and
the Kimberley Process review visit to Ghana, in particular, the recommendations on
strengthening Ghana's internal controls.
Plenary welcomes Ghana's commitment to address urgently the issues identified in the above-
referenced reports, and Ghana's willingness to receive a review mission.
Plenary decides that Ghana's compliance with the minimum requirements of the KPCS
should be verified by a review mission within three months.
In accordance with Section VI, paragraphs 13 to 15 of the KPCS, and Section III,
Paragraph (a) of the Administrative Decision on Implementation of Peer Review in the
KPCS (ADPR), Plenary therefore decides to send a review mission to the Republic of
Ghana which should take place by 28 February 2007.
As set out in Section VI, Article 14 of the KPCS, "Review missions are to be conducted
in an analytical, expert and impartial manner with the consent of the Participant
concerned". The terms of reference for review missions are set out in Annex II of the
ADPR. Consistent with the provisions outlined in Section 1 of the ADPR, the mandate
for the review mission to the Republic of Ghana should also include an assessment of
Ghana’s implementation of the measures in the Annex hereto, and recommendations on
such further action as may be required.

2. 2
As recommended by the Special Envoy, Ghana should report to the Chair on its
implementation of measures, as detailed in the Annex, by 14 February 2007.
Plenary welcomes Ghana’s efforts to prepare a draft Action Plan and recommends that
Ghana enter into a dialogue with the Working Group on Monitoring on a finalised Action
Plan with a view towards strengthening its internal controls, based on the
recommendations in the review visit report.
Plenary requests the Working Group on Monitoring to monitor on an ongoing basis
Ghana'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 Ghana’s estimate of actual production capacity.
This review should draw on existing sources of production data to be provided by Ghana,
together with such other sources as may be available. The WGDE is further requested to
make recommendations to the Chair through the Working Group on Monitoring on any
further information requirements.
Plenary welcomes the offers of technical assistance by the World Diamond Council,
the United States, the UAE, South Africa and other Participants.
Gaborone
9 November 2006

3. 3
Annex
Measures to be included by Ghana in its Action Plan
1. From 24 November 2006, Ghana will only export rough diamonds once the
following measures are in place:
• the contents of all shipments to be photographed digitally by Ghanaian
authorities, and examined prior to export by an independent expert (as
made available through the technical assistance offered by WDC) to advise
on their origin. To assist in the provision of this exceptional technical
assistance, WDC experts will be available to examine the contents of
shipments for one week every four weeks on a schedule to be notified to
Ghana (ie three visits prior to 14 February 2007).
2. With immediate effect, any shipments containing diamonds of suspected non-
Ghanaian origin should be:
! seized;
! reportedto the Working Group on Monitoring; and
! confiscated and subject to follow-up investigation and prosecution, in
accordance with national legislation.
3. a) By 31 December 2006, Ghana is requested to:
• Identify existing sources of information on the production capacity of
Ghana and provide these to the Working Group of Diamond Experts
(WGDE).
b) By 14 February 2007, Ghana is requested to:
• Provide an estimate of current actual production capacity of each diamond
producing area broken down by sector (industrial (ie GCD), licensed
artisanal, illegal ghalamsey activity) to the WGDE, which will review the
estimate.

4. 4
4. By 14 December 2006, Ghana is requested to:
• develop a detailed plan to improve internal controls (specifying who, when,
how and benchmarks) which should draw on the Moscow Declaration on
Improving Internal Controls in Alluvial Producers and at a minimum,
should include the following components:
o registration and licensing of all actors involved at each stage in the
diamond business (including concession-holders, tributers and local
diamond buyers) to include ID cards with unique ID numbers;
o all internal trade to be between registered parties only;
o exports permitted only by licensed exporters (LBCs). So-called 'test
exports' by any other party must be stopped immediately.
o recording of all transactions from mine to PMMC involving rough
diamonds by the issuance of receipts by the seller.
! Receipts should include:
• registration details of each party (buyer and seller)
including ID number, and for miners, also, the
allocated claim or production area; and
• the origin of the diamonds.
! buyers in each transaction must keep all receipts of purchases
in their books.
o monitoring and oversight of each stage, nicluding spot checks and
regular audits, and in particular, oversight of the activities at the
diamond market in Akwatia;
o regular audit of PMMC records and procedures by an independent
auditor or an authority such as the Ghanaian Auditor General;
o effective enforcement of existing legislation relating to the KPCS.
5. Ghana already has implemented, or has legislation allowing for implementation of
certain aspects of 4 above, including registration of certain actors in the diamond

5. 5
industry with identification cards with unique identification numbers; issuance of
mining licences by the Minerals Commission and audit of PMMC records.
In its report due by 14 February 2007, Ghana should therefore:
a) provide copies of the 2005 audit report on PMMC to the Working Group on
Monitoring;
b) report on activities, and improvements, during the next three 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;
c) report on progress made on a strategy to address the remaining issues
identified in paragraph 4 above.
6. As soon as possible, Ghana is requested to:
• Convene a meeting of the Ministry of Land, Mines and Energy, the
Minerals Inspectorate, the Minerals Commission, the Geological Survey,
the Customs, Excise and Preventive Services, the PMMC, the Ministry of
Interior and other relevant government authorities to establish a Joint
Task Force of senior officials of all government authorities referred to above,
to be headed by a senior official from an appropriate authority.
• Provide the KP Chair with contact details for the Head of the Joint Task
Force to enable information exchange.
This Task Force should meet regularly (at least monthly) with the first meeting to
be held by 14 December 2006 to oversee implementation of the Action Plan, in
particular, improvements to internal controls and the measures herein, and should
ensure effective information sharing and co-ordination.

6. 6
7. To help the WGDE in determining an objective “footprint” of the Ghanaian
diamond production, the Ghanaian authorities have agreed to collect and
disseminate to the WGDE detailed packing lists of rough diamond exports going
back as far as possible, for instance from 1990 onwards.