Circular No. 11/2002/TT-BTM guiding the management of rough diamond import and export

CIRCULAR

Guidelines for the management of rough diamond import and export

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Implementing Directive No. 1600/2002/CT-QHQT-VPCP dated December 13, 2002, of the Prime Minister regarding Vietnam's participation in the Kimberley Process Certification Scheme for rough diamond export and import activities;

The Ministry of Trade guides the implementation of the management of rough diamond export and import as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Definition of rough diamonds: Rough diamonds are types of diamonds that have not been processed or only simply cut, polished, or drilled, or partially polished, classified under HS code 71 02 10 00, 71 02 21 00, 71 02 31 00;

2. Strictly prohibit the import of conflict diamonds - which are rough diamonds obtained from rebel movements or terrorist groups using them to fund their activities, including plots to weaken or overthrow legitimate governments, or diamonds obtained through the use or threat of use of coercive measures or military means.

3. Enterprises are only permitted to export and import rough diamonds with countries participating in the Kimberley Process Certification Scheme as listed in Appendix 01 attached to this Circular.

II. PROCEDURES FOR THE EXPORT AND IMPORT OF ROUGH DIAMONDS

1. Vietnamese enterprises when handling procedures for exporting rough diamonds must present to the Customs Authority the Kimberley Process Certificate issued by the Ministry of Trade according to the prescribed form. For initial shipments of rough diamonds without the certificate, the Ministry of Trade will issue a Government Letter of Comfort for enterprises to confirm these shipments.

2. Vietnamese enterprises when handling procedures for importing rough diamonds must present to the Customs Authority the Kimberley Process Certificate issued by the exporting country. In cases where there is no such Certificate, the enterprise must present a Government Letter of Comfort from the exporting country, clearly stating that the shipment of rough diamonds is exported in accordance with the Kimberley Process Certification Scheme.

3. After clearing customs for imported shipments of rough diamonds into Vietnam, the Customs Authority will establish and send an Import Confirmation for these shipments (according to the form specified in Appendix 02 of this Circular) to the Secretariat located in the Chair country.

III. IMPLEMENTATION PROVISIONS

1. The Ministry of Trade is responsible for receiving applications and issuing Kimberley Process Certificates or Government Letters of Comfort for enterprises.

2. This Circular takes effect from January 1, 2003. All provisions contrary to those set out in this Circular are abolished./.