The export of rough diamonds
Background information
During the 1990s it became clear that the civil wars taking place in Africa were principally being financed by illicitly mined diamonds ("blood diamonds"). In order to prevent the illegal trade in diamonds and end the civil wars a number of diamond-producing countries in southern Africa agreed to set up an international certification system for the diamond trade.
The Kimberley process regulations have been in force since 2002. By now more than fifty states, or associations of states, including the European Union, are participating in the process. Rough diamonds may therefore be imported or exported only under certain specified conditions.
What must be borne in mind when exporting rough diamonds?
In principle, the export of rough diamonds is only possible if
- the consignment is accompanied by a valid certificate issued by a Community authority, and
- the diamonds are contained in tamper-resistant containers.
Therefore, as these are shipments that are subject to special formalities, the goods must also be declared for export, that is by way of a written customs declaration. Exemptions from, or simplifications of the export procedure are not possible.
What is a certificate?
The certificate is a document that has been properly issued and validated by the authorised authority in the participating state. It is this document that confirms that the requirements of the Kimberley process have been met. There are only six Community authorities in the EU that have been authorised to issue these certificates.
Where and how can I obtain such a certificate?
First, the rough diamonds must be presented to a community authority that is responsible for issuing certificates. In Germany, this is the customs office in Idar-Oberstein, where the separate requirements are examined and certificates issued. The exporter must bear the costs arising from the issue of a certificate.
If you intend to dispatch rough diamonds we recommend you to contact the Idar-Oberstein customs office or the peer Community authority in your own EU Member State, which will then be happy to inform you of the subsequent steps.
You can find the contact details of all the Community authorities in the "Participants, contact" section.
Is it possible to claim any simplification or exemption?
No. Because the intention is to strictly prohibit the trade in illegally-mined rough diamonds the requirements of the Kimberley Process must always be complied with, irrespective of the value or quantity or the means of transport of the rough diamonds. There are no value or quantity thresholds or allowances for rough diamonds. The export must always proceed in accordance with the normal two-stage procedure.
Be aware that you may not export rough diamonds if you do not have a valid certificate that has been issued by a Community authority. Breaches of the certification system are subject to administrative fines.
Specific rules applying to the export of rough diamonds to Greenland
From 9 April 2014, Greenland has been included in the Union system of certification and import and export controls for rough diamonds. This has opened up the possibility of exporting rough diamonds from the European Union to Greenland. In this context, Council Decision No 136/2014/EU of 20 February 2014 lays down specific rules and procedures enabling Greenland to participate in the Kimberley Process.
