Diamond

Procédure d’exportation

I-INTRODUCTION

The exploitation of minerals is governed by Law N°2014.138 of 24 March 2014, on the Mining Code and by Decree N°2014.397 of  25 June 2014.                           The conditions for exporting Diamonds are explained in Order N˚502 of10 November2014 of the Ministry in charge of Mines.
The export of rough industrial Diamonds, sawn, cut, and rough, cleaved or de-crushed non-industrial Diamonds, is subject to Prior Authorization for Export – See. Annex E of Decree N° 93-313 of 11 March 1993.
The export of rough Diamonds is reserved to Buying Offices approved by the Ministry of Mines and Geology, in accordance with Order N˚502 of10 Novembre 2014 aforementioned.
The documents required for export must be requested jointly from theyMinistry of Mines and Geology and of Ministry of Economy and Finances.

With regard to diamonds, Côte d’Ivoire joined in 2003 the   Kimberley processy,Tripartite International Negotiating Forum bringing together representatives of States, the diamond industry and civil society and which, since May 2000, has aimed to prevent conflict Diamants from entering the international market through an international diamond Certification scheme.

Under embargo until 2014, Côte d’Ivoire made its first exports in 2015.
Thus, all exports of rough diamonds must be accompanied by a Kimberley Process Certificate –  See. Article 108 of Decree N°2014.397 of 25 June 2014 and  Order N˚2014.501/MIM OF 10 November 2014.

The competent authority responsible for issuing and signing Kimberley Process Certificates is the Permanent Secretariat of the Kimberley Process Representation in Côte d’Ivoire (SPRPK-CI). Legislation on Mining Products is also available at: https://a-mla.org.

Ministry of Mines and Geology
Abidjan – Plateau
Postel 2001 Building, 22nd floor
BP V 65 ABIDJAN
Tel: (+225) 20 21 30 00
Facebook page: https:// web.facebook.com/ mmgci

General Directorate of Mines and Geology
Abidjan – Plateau
Cité Administrative – Tower E 15th floor
Tel : (225) 20 22 20 27

Permanent Secretariat of the Kimberley Process Representation in Côte d’Ivoire (SPRPK-CI))
Abidjan – Vridi
Immeuble Pétroci Building
Email : SPRPK.CI@gmail.com

II- AUTHORIZATION REQUIRED FOR THE EXERCISE OF THE PROFESSION OF DIAMOND TRADER

The exercise of the profession of diamond trader in Côte d’Ivoire is subject to prior authorisation.
The conditions for applying for this Authorization differ, depending on whether it is a Company or an Individual.

III- PROCEDURE FOR ESTABLISHING A PURCHASING, IMPORT AND EXPORT OFFICE IN THE CASE OF A COMPANY/LEGAL PERSON

Only State-approved Diamond Buying Offices are authorized to export Diamonds from Côte d’Ivoire.

In accordance with Article 107 of Decree N˚2014-397 of 25 Juine2014, the Approval in the capacity of Office of purchase, Import and Export of rough Diamonds is granted by Order of the Minister in charge of Mines, for a duration of three (3) years renewable, to the Legal Entities without antecedent in the illicit trade and without link with suspicious networks and which commit themselves to respecting all the requirements of the Certification Scheme of the Kimberley Process to undertake this activity

The establishment of a Purchasing Office is done through an application – See. Order N°502/MIM of 10 November 2014.
The application file for the Granting or Renewal of the Approval of an Office for the Purchase, Sale, Import and Export of Rough Diamonds must, under penalty of inadmissibility, include the following elements:

  • A Letter of Request addressed to the Minister in charge of Mines.
  • The Articles of Association of the companý.
  • A Trade Register for the “purchase, sale, export and import of Diamonds.
  • A passport photo of the manager.
  • A Certificate of Nationalitý of the Manager.
  • A criminal record dated within three (3) months of the Manager.
  • A Certificate of Residence from the Manager.
  • A certificate of tax regularity dated less than one (1) year ago.
  • A bank certificate showing a credit balance of at least ten (10) million CFA francs and dated within the last three (3) months.
  • A document identifying the financial institutions with which the resources will be domiciled.
  • The list of countries where the company is established, with copies of the approvals obtained.
  • The List of all affiliated companies.
  • The complete list of all Shareholders holding at least 10% of the shares, with their address and main activity.
  • Receipt of payment of the fixed fee provided for in the mining regulations: The fixed fee for the Granting or Renewal of the Purchasing Office Approval is Thirty (30) million FCFA – See. Decree N°2014.632 of 22 Octobrer 2014. This fee is payable in three (3) equal instalments of ten (10) million francs each, the first of which is payable at the time of application and the other instalments no later than the anniversary date of the issuance of the Authorisation to the Purchasing Office (during the 2nd Year).

The application file must be submitted to the General Directorate of Mines and Geology (Cité Administrative – Plateau, Tower E, Courier Service 15th floor) in four (4) physical copies, one of which must be marked “original” and the other three (3) “copy”. These documents must be accompanied by a digital version on a USB key.

The deadline for obtaining an Approval is 90 days.
The Validity Period of an Approval is 3 years.

IV- AUTHORIZATION FOR THE PURCHASE AND SALE OF ROUGH DIAMONDS IN THE CASE OF AN INDIVIDUAL/COLLECTOR

In accordance with Article 106 of Decree N˚2014-397of 25 June 2014, the Authorization to Purchase and Sell Rough Diamonds is granted by Order of the Minister in charge of Mines, for a period of one (1) year, to Individuals enjoying their civic rights, providing proof of financial capacity, with no history of illicit trade, no connection to suspicious networks and a commitment to comply with all requirements of the Kimberley Process Certification Scheme to engage in activity.

The Authorization to Buy and Sell Rough Diamonds gives Individuals the right to hold, buy and sell this type of product throughout the national territory. On the other hand, it does not confer the right to export or import.

The application file is submitted to the General Directorate of Mines and Geology of the Ministry of Mines and Geology, under the conditions determined in Article 4 of Order N°501/MIM of 10 November2014.

V- ASSESSMENT REPORT AND PROCEDURE FOR OBTAINING A KIMBERLEY PROCESS CERTIFICATE ISSUED BY SPRPK-CI

In accordance with Article 108 of  Decree N° 2014.397of 25 June 2014 determining the terms of application of the Law N°2014.138 of 24 March 2014 on the Mining Code, all exports of Rough Diamonds must be accompanied by a Certificate of Kimberley Process.

The Kimberley Process Certificate is a forgery-proof document that certifies that rough diamonds destined for export comply with the requirements of the international certification scheme for rough diamonds established under the United Nations.
Rough Diamonds may only be exported in a tamper-proof, sealed container with the Kimberley Process Certificate attached.

To obtain a Kimberley Process Certificate, any Buyer’s Office exporting rough diamonds must apply for an Assessment and Certification to the Permanent Secretariat of the Kimberley Process Representation in Côte d’Ivoire (SPRPK-CI).
In accordance with Order  N°501/MIM of 10 November 2014, determining how the Kimberley Process Certificate is to be issued for the export of rough diamonds, the application must include the following:

  • An Application Form for Assessment and Certification (to be obtained from the SPRPK-CI) ;
  • A Declaration on honour of the origin of the Rough Diamonds.
  • The Inventory of Rough Diamonds to be exported, specifying the number of stones and the number of carats.
  • A Stub of purchase receipts corresponding to the Rough Diamonds to be exported.
  • Receipt of payment of the fixed fee for the Kimberley Certificate provided for by the mining regulations, i.e. one hundred thousand (100,000) FCFA –  See. Art.19 Decree N°2014-632 of 22 October 2014 and Ordinance N°2013-657 of 18 September 2013.

The KPCS-IC has ten (10) working days from the date of receipt of the application to respond to the application and issue the Assessment Report and Kimberley Process Certificate on the day of the assessment. 

The Assessment Report is prepared by expert evaluators duly mandated by the SPRPK-CI.
The Kimberley Process Certificate is issued to the exporter against a sworn declaration of compliance with the seal of the tamper-resistant container in which the rough diamonds are stored.
The Kimberley Process Certificate holder has two (2) months from the date of issue of the Kimberley Process Certificate to proceed with the export of the Rough Diamonds mentioned in the assessment report.

VI- EXPORT AUTHORIZATION

Any Company (Legal Person) or Individual wishing to export goods from Côte d’Ivoire must first have an Importer/Exporter Code, Occasional or not – see General Export Procedures tab.

In addition, as explained above, the export of Diamonds from Côte d’Ivoire is subject to Prior Authorisation in accordance with the provisions of Annex E of Decree 93.313, issued by the Ministry of Mines and Geology.

The Authorization Form [See. AE Diamond Sheet or Export Authorization] is to be collected from the Department of Mines and Geology then completed and submitted to the same Department for signature.
Once signed, this Authorization must be countersigned by the Ministry of Economy and Finance to be admissible by Customs.                                                                   This document is free. 

  1. Commitment to Exchange

The Original Exchange Commitment Forme is to be collected from the Ministry of Economy and Finance. Once completed, this form is to be submitted with the signed Export Authorisation to the Ministry of Mines and Geology for signature

  1. Customs procedure

 Customs Circular N°2013-1632/ DGD of 26 August 2013 describes the Customs procedure, which is consistent with that set out in the Kimberley Process Guide.
For the Kimberley Process, See.  https://www.admin.ch/opc/fr/federal-gazette/2003/3333.pdf

The Customs office competent to receive Declarations in detail for all Customs procedures concerning Rough Diamonds is the one at Félix Houphouët-Boigny Airport.
The export of rough diamonds is carried out according to a Simplified Declaration Procedure which is implemented by the Division des Brigades Aéroportuaire et des Régimes Economiques (CIABA):

STEP 1 – The bearer of the package(s) of Rough Diamonds must present himself at the express customs clearance counter at departure with his transport document and a mandate duly established by the exporter, authorising him to travel with the Rough Diamonds.

STEP 2 – The Customs Officer shall carry out a cross-check between the statements in the attached documents and the packages presented. He checks the following elements:

  • The Certified copy of the Kimberley Process Certificate.
  • The integrity of the seal.
  • Compliance of the number of containers presented with the number of containers declared on the PK certificate.
  • Compliance of the identification numbers of the containers presented with the PK certificate.

STEP 3 – After the control, the Customs officer makes his report on the seal verification form which is then transmitted to the focal point of the Permanent Secretariat of the KP Representation at the Airport who will in turn transmit it to the SPRPK-CI.

STEP 4 – The Customs officer proceeds to the pre-liquidation of the export duties which amount to 3% of the market value of the rough diamond indicated on the certified copy of the SPRPK-CI valuation report – See. Circular n°1705/MPMB/DGD of 19 February 2015.

STEP 5 – After payment of the duties, the verifier issues a Detailed Declaration in the customs declaration system (SYDAM – ASYCUDA world version) corresponding to the Order for Embarkation or draws up a T6 bis Receipt.

STEP 6 – Finally, the verifier ensures that the passenger carrying the package(s) is actually boarding..

To be noted 
Beyond a value exceeding ten (10) million CFA francs, exports to countries outside the WAEMU are subject to domiciliation with an approved intermediary – See. Art. 13, WAEMU Regulation 09/2010/CM . 
The exporter is then required to establish an Exchange Commitment and an Export Certificate.
These documents are required to validate the Customs Export Declaration.

VII-LIST OF PRODUCTS

The products concerned (rough diamonds) have the following HS codes:

SH Code

Description

7102.100000

Rough Diamond

7102.210000

Rough Diamond

7102.310000

Rough Diamond

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