Export and Import of Rough Diamonds Regulations (SOR/2003-15)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Export and Import of Rough Diamonds Act. (Loi)

Harmonized System

Harmonized System means the Harmonized Commodity Description and Coding System set out in the Customs Tariff. (Système harmonisé)

shipment

shipment means one or more containers of rough diamonds that are transported together for the purpose of export or import. (chargement)

Application for a Canadian Certificate

2 An application for a Canadian Certificate for the export of rough diamonds under section 9 of the Act must include

• (a) the applicant’s name and address in Canada and, if the applicant is a corporation, the name of the individual submitting the application on its behalf;

• (b) if the applicant is not the exporter of the rough diamonds, the name and address of the exporter;

• (c) the name and address of the person to whom the exporter is exporting the rough diamonds;

• (d) the name of the participant to which the rough diamonds are to be shipped;

• (e) the origin of the rough diamonds, including

  • (i) if they were mined in Canada, the place and name of the mine,

  • (ii) if they were recovered during exploration in Canada, the longitude and latitude of the exploration site, and the place and name of the facility in which they were extracted,

  • (iii) if they were extracted in Canada from mineral concentrates that originated outside Canada, the place and name of the facility in which they were extracted,

  • (iv) if they were present in Canada at the coming into force of section 8 of the Act, documentary evidence establishing their presence in Canada at that time, and

  • (v) if they were imported into Canada after the coming into force of section 8 of the Act, the serial number of each Kimberley Process Certificate that accompanied the rough diamonds;

• (f) the mass, measured in carats, of the rough diamonds in the shipment;

• (g) the value, in United States dollars, of the rough diamonds in the shipment;

• (h) the subheading in the List of Tariff Provisions in the schedule to the Customs Tariff under which the rough diamonds are classified;

• (i) the number of containers in the shipment and a seal number for each container; and

• (j) a declaration signed and dated by the applicant stating that the information contained in the application is accurate.

3 An application for the replacement of a Canadian Certificate for the export of rough diamonds under section 11 of the Act must

• (a) be made before the export of the rough diamonds;

• (b) contain all the information required under section 2 in respect of any information appearing on the Canadian Certificate that is inaccurate or has changed; and

• (c) be accompanied by the Canadian Certificate in respect of which the application is made.

4 An application to the Minister under section 9 or 11 of the Act must be delivered by hand or sent by mail or courier or by facsimile or other electronic means.

Canadian Certificate

• 5 (1) A Canadian Certificate for the export of rough diamonds issued by the Minister under section 9 or 11 of the Act must contain the following information:

  • (a) the name and address of the exporter and the person to whom the exporter is exporting the rough diamonds;

  • (b) the name of the participant to which the rough diamonds are to be shipped;

  • (c) the mass of the rough diamonds, measured in carats, for the shipment;

  • (d) the value of the rough diamonds, in United States dollars, for the shipment;

  • (e) the Harmonized System code for the rough diamonds;

  • (f) the number of containers in the shipment and a seal number for each container;

  • (g) the date of issue and date of expiry; and

  • (h) the name of the participant in which the rough diamonds originated, if all diamonds in the shipment originated in a single participant.

• (2) Each Canadian Certificate must bear

  • (a) the title “Kimberley Process Certificate/certificat du Processus de Kimberley” and the statement “The rough diamonds in this shipment have been handled in accordance with the provisions of the Kimberley Process international certification scheme for rough diamonds./Les diamants bruts contenus dans ce chargement ont été traités conformement aux dispositions du système international de délivrance de certificats pour les diamants bruts du Processus de Kimberley.”;

  • (b) a unique serial number; and

  • (c) the signature of the Minister or a person authorized under section 6 of the Act.

6 Subject to section 12 of the Act, a Canadian Certificate is valid until 24:00 Greenwich mean time of the day that is 60 days after the date of issue.

Export and Import Reports

7 An exporter reports an export of rough diamonds under subsection 13(1) of the Act by

• (a) completing a report, in the form fixed by the Minister, in which the exporter provides

  • (i) the name of the exporter and the person to whom the exporter has exported the rough diamonds,

  • (ii) the serial number of the Canadian Certificate, and

  • (iii) the date of export of the rough diamonds;

• (b) attesting to the accuracy of the information provided under paragraph (a), and the information contained in the Canadian Certificate on export, by signing the report; and

• (c) presenting the completed report to a customs officer on export and then sending it to the Minister by mail or courier, or delivering it by hand, within seven days after export.

8 An importer reports the import of rough diamonds under subsection 16(1) of the Act by presenting the accompanying Kimberley Process Certificate to a customs officer on import and then sending it to the Minister by mail or courier, or delivering it by hand, within seven days after import.

Containers

• 9 (1) A container to be used for the export or import of rough diamonds must be so constructed that the container, when sealed, cannot be opened without showing evidence of having been opened.

• (2) A container in which rough diamonds are exported must

  • (a) be sealed with a seal that bears a seal number listed on the accompanying Canadian Certificate; and

  • (b) bear the serial number of the accompanying Canadian Certificate.

Record Keeping

10 A person who exports or imports rough diamonds must keep, for a period of three years, the following records in respect of the rough diamonds:

• (a) the serial number of the Canadian Certificate or Kimberley Process Certificate that accompanied the rough diamonds;

• (b) if the rough diamonds were mined in Canada by the exporter,

  • (i) the daily total mill feed for the calendar year in which the rough diamonds were mined,

  • (ii) the daily total rough diamond recovery for the calendar year in which the rough diamonds were mined, and

  • (iii) a record of any change in their mass due to handling for the calendar year in which the diamonds were mined;

• (c) if the rough diamonds were extracted in Canada by the exporter from mineral concentrates, a record of the mass of rough diamonds extracted from the concentrates;

• (d) if the rough diamonds were purchased or otherwise obtained by the exporter or importer, a copy of the purchase order, invoice or similar document; and

• (e) if the rough diamonds are polished and facetted by the importer after import into Canada, a record of

  • (i) the loss of diamond material during the polishing and facetting,

  • (ii) the mass of the recovered polished diamonds, and

  • (iii) the mass of the remaining rough diamonds.

Disposition

• 11 (1) If the Minister is satisfied that a rough diamond forfeited under the Act will not re-enter the international rough diamond trade, the Minister must dispose of it in accordance with the Surplus Crown Assets Act.

• (2) If the Minister does not dispose of a rough diamond under subsection (1), the Minister must destroy the rough diamond.

• (3) The Minister must dispose of things, other than rough diamonds, that are forfeited under the Act in accordance with the Surplus Crown Assets Act.

• (4) On disposition of a rough diamond or other thing forfeited under the Act, the Minister shall cause notice of the date and manner of disposition to be published in Part I of the Canada Gazette.

Coming into Force

Footnote ^*12 These Regulations come into force on the day on which section 35 of the Export and Import of Rough Diamonds Act, being chapter 25 of the Statutes of Canada, 2002, comes into force.

• Return to footnote ^*[Note: Regulations in force January 1, 2003, see SI/2003-3.]