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Kimberley Process Certificate Act, 2003 Act 652 (Revised)

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ACT 652
Kimberley Process Certificate Act, 2003
ACT 652
KIMBERLEY PROCESS CERTIFICATE ACT, 2003
ARRANGEMENT OF SECTIONS
SECTION
1. Kimberley Process Certificate required foi expoit of rough diamonds. 2. Application for Kimberley Process Certificate. 3. Issue and form of Kimberley Process Certificate. 4. Export report. 5. Import report. 6. Packaging of rough diamonds for export and import. 7. Record keeping of rough diamonds for export and import. 8. Suspension and cancellation of licence. 9. Offence. 10. Interpretation. SCHEDULE
Forms
ACT 652
KIMBERLEY PROCESS CERTIFICATE ACT, 2003’
AN ACT to provide for the requirement of Kimberley Process Certificate for the
export and import of rough diamonds and to provide for related matters. 1. Kimberley Process Certificate required for export of rough diamonds
A person who has been granted a licence under section 3 of the Mineral and Mining
Act, 19862 shall not export rough diamonds unless that person has applied for and been
issued a Kimberley Process Certificate. 2.

e Mineral and Mining
Act, 19862 shall not export rough diamonds unless that person has applied for and been
issued a Kimberley Process Certificate. 2.

Application for Kimberley Process Certificate
An application for a Kimberley Process Certificate shall be as in the Form I set out in
the Schedule and shall be made to the Minister. 3. Issue and form of Kimberley Process Certificate
(1) The Minister, may when all the information required to be given under section 2 is
supplied, issue a Kimberley Process Certificate in respect of the rough diamonds to which
the application relates, within three days from the date of submission of the application. (2) An applicant who does not comply with section 2 shall not be issued with a Kim
berley Process Certificate. 1. The Act was assented to on 24th October, 2003. 2. P.N.D.C.L. 153. V-2201 [Issue 1]

ion 2 shall not be issued with a Kim
berley Process Certificate. 1. The Act was assented to on 24th October, 2003. 2. P.N.D.C.L. 153. V-2201 [Issue 1]

ACT 652
Kimberley Process Certificate Act, 2003
(3) The Kimberley Process Certificate shall contain the information provided in the
Form 2 set out in the Schedule. 4. Export report
(1) An exporter of rough diamonds shall prepare a report which shall be as in the
Form 3 set out in the Schedule. (2) Form 3 shall be presented to a customs officer at the time of export and a copy
shall be sent to the Minister by mail, courier or delivered by hand within seven days after
the export. 5. Import report
(1) An importer of rough diamonds shall prepare a report which shall be as in the
Form 4 set out in the Schedule and shall be presented to a customs officer at the time of
clearing the import. (2) Form 4 shall be accompanied with a Kimberley Process Certificate issued by the
exporting authority responsible for rough diamonds in the country of origin of the rough
diamonds. (3) A copy of the Form 4 and the Kimberley Process Certificate from the exporter
shall be sent to the Minister by mail, courier or delivered by hand within seven days after
the importation of the rough diamonds. 6.

rom the exporter
shall be sent to the Minister by mail, courier or delivered by hand within seven days after
the importation of the rough diamonds. 6.

Packaging of rough diamonds for export and import
(1) Rough diamonds shall be exported or imported in containers in accordance with
this Act. (2) A container for the export and import of rough diamonds shall be constructed in a
manner that makes the reseal of the container impossible after it is opened. (3) The container in which rough diamonds are exported shall bear the serial number
of the accompanying Kimberley Process Certificate. 7. Record keeping of rough diamonds for export and import
A person who exports or imports rough diamonds shall keep in respect of the rough
diamonds the following records:
(a) the serial numbers of the Kimberley Process Certificate, and
(b) the purchase order, invoice or similar document if the rough diamonds
were purchased or otherwise obtained by the exporter or importer. 8. Suspension and cancellation of licence
(1) The Minister may suspend or cancel a licence issued to an exporter of rough dia
monds under section 1 if the holder
(a) fails to submit a report required under section 4 or 5,
(b) is in breach of a provision of this Act or any other enactment relating to the
export and import of rough diamonds,
[Issue 1] V - 2202

ion 4 or 5,
(b) is in breach of a provision of this Act or any other enactment relating to the
export and import of rough diamonds,
[Issue 1] V - 2202

ACT 652
Kimberley Process Certificate Act, 2003
(c) makes a statement to the Minister in connection with a Kimberley Process
Certificate which the exporter knows or ought to have known to be false, or
(d) for any reason becomes ineligible to apply for a Kimberley Process Certifi
cate under this Act. (2) The Minister shall before suspending or cancelling a licence, give notice to the
holder in the manner determined by the Minister and shall in the notice require the holder
to remedy the breach and where the breach cannot be remedied, show cause to the satis
faction to the Minister why the licence should not be suspended or cancelled. (3) On cancellation of a licence, the rights of the holder shall cease but without preju
dice to the liabilities or obligation incurred by a person prior to the date of the cancellation. 9. Offence
(1) A person who is in breach of a provision of this Act commits an offence and is li
able on summary conviction to a fine not exceeding five hundred penalty units or a term
of imprisonment not exceeding two years or to both the fine and imprisonment. (2) The diamonds, the subject of the conviction shall be forfeited to the State. 10.

ent not exceeding two years or to both the fine and imprisonment. (2) The diamonds, the subject of the conviction shall be forfeited to the State. 10.

Interpretation
In this Act, unless the context otherwise requires,
“Harmonised System” means the Harmonised Commodity Description and Cod
ing System set out in the Customs Tariff;
“Kimberley Process Certificate” means,
(a) in relation to the export of rough diamonds from Ghana, the certificate is
sued by the Minister or a person authorised by the Minister for the export
of rough diamonds from this country;
(ft) in relation to the import of rough diamonds, a similar Kimberley Process
Certificate issued by the respective authority of the exporting country for
the export of rough diamonds;
“Minister” means Minister responsible for Mines. SCHEDULE
FORMI
[Section 2]
Application for Kimberley Certificate
Name and address of applicant . ......................................................................................................... Name and address of applicant where not the exporter...................................................................... Name and address of consignee of rough diamonds.......................................................................... V - 2203 [Issue 1]

......... Name and address of consignee of rough diamonds.......................................................................... V - 2203 [Issue 1]

ACT 652
Kimberley Process Certificate Act, 2003
FORM 1—continued
Origin of rough diamonds.................................................................................................................. Longitude and latitude of exploration site.......................................................................................... Place and name of the facility where diamonds extracted.................................................................. Place and name of the mine ............................................................................................................... Mass of rough diamonds measured in carats ..................................................................................... Value of rough diamonds in U.S. Dollars or the cedi equivalent....................................................... Thereby declared that the information contained in this application is correct................................... Date..................................................................... Name................................................................... Signature............................................................

........ Name................................................................... Signature............................................................

Kimberley Process Certificate Act, 2003 Act 652 (Revised)

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