REGULATIONS ON THE IMPORT AND EXPORT OF ROUGH DIAMONDS INTO AND OUT OF TAIWAN, PENGHU, KINMEN AND MATSU
Promulgated on May 10, 2003 Amendment on October 3, 2003 1. Definitions:
For the purposes of the Regulation son the Import and Export of Rough Diamonds (hereinafter referred to as “ the Regulation”), the following definitions apply:
ROUGH DIAMONDS means diamonds that are unworked or simply sawn, cleaved or bruted and fall under the Relevant Harmonized Commodity Description and Coding System 7102.10 (Diamond, unsorted), 7102.21 (Industrial Diamonds, unworked or simply sawn, cleaved or bruted) and 7102.31 (Non-industrial diamonds, unworked or simply sawn, cleaved or bruted).
KIMBERLEY PROCESS PARTICIPANT means participants in the Kimberley Process Certification Scheme for rough diamonds known as the Kimberley Process.
CERTIFIATE means Kimberley Process Certificate.
2. Regulations governing the importation of rough diamonds from abroad:
(1) A duly validated Certificate issued by the designated Exporting Authority of a Kimberley Process Participant is required for import. The importer must also apply for an import permit form the Visa Authority and attach a copy of the original Certificate to said application;
(2) The Visa Authority will then verify the Certificate with the Export Authority, which will confirm by e-mail that the shipment of rough diamonds to be imported meets the provisions of the Kimberley Process Certification Scheme;
(3) After importation of rough diamonds from abroad, the Visa Authority will notify the relevant Export Authority by e-mail. The e-mail will state the Certificate number, the carat weight and details on the importer and exporter;
(4) Approved Visa Authorities:
for importing companies located inside the Hsinchu Science-based Industrial Parks, the Visa Authority shall be the Hsinchu Science-based Industrial Park Administration of the National Science Council, Executive Yuan;
for importing companies located inside Southern Taiwan Science-based Industrial Park Administration of the National Science Council, Executive Yuan;
for importing companies located in economic processing zones, the Visa Authority shall be the Economic Processing Zone Administration and its branch offices of the Ministry of Economic Affairs (MOEA);
for importing companies located elsewhere, the designated Authority shall be the Bureau of Foreign Trade of the Ministry of Economic Affairs (hereinafter referred to as “the Bureau”).
3. Regulations governing the export of rough diamonds:
(1) Shipments of rough diamonds can only be exported to a Kimberley Process Participant; exporters must apply for an export permit form the Visa
Authority and attach the original Certificate or a copy to said application;
(2) The exporter must apply for a Certificate from the Issuing Authority in Taiwan and attach the original Certificate issued by the designated Export Authority of a Kimberley Process Participant and the related Customs import documents to said application. The exporter must also provide a declaration to the effect that the rough diamonds being exported are not conflict
diamonds;
(3) Rough diamonds should be sealed in tamper proof containers together with the Certificate or a duly authenticated copy;
(4) The Visa Authority, after issuing the export permit, will then e-mail a
message to the relevant Import Authority containing information on the carat weight, value, the country of origin or provenance, the details of the importer and exporter, and the serial number of the Certificate which it has issued.
4. Regulations governing the issuance of Certificates:
(1) Designated Issuing Authorities in Taiwan:
for exporting companies located in the Hsinchu Science-based Industrial Park, the Authority shall be the Science-based Industrial Park Administration of the National Science Council. Executive Yuan;
for exporting companies located in the Southern Taiwan Science-based Industrial Parks, the Authority shall be the Southern Taiwan Science-based Industrial Parks, the Authority shall be the Southern Taiwan Science-based Industrial Park Administration of the National Science Council, Executive Yuan;
for exporting companies located in economic processing zones, the Authority shall be the Economic Processing Zone Administration and its branch offices of the Ministry of Economic Affairs (MOEA);
for exporting companies located elsewhere, the Authority shall be the Bureau of Standards, Metrology and Inspection and its branch offices of the Ministry of Economic Affairs (BSMI, MOEA), and its branch offices.
(2) Minimum requirements for Certificates:
Each Certificate should bear the title “ Kimberley Process Certificate”, the Kimberley Process logo, and the following statement: “ The rough diamonds in this shipment have been handled in accordance with the provisions of the Kimberley Process Certification Scheme for rough diamonds”
Indication of the country of origin for the shipment of parcels of unmixed (i.e.
from the same) origin
Chinese and English version of the Taiwan Kimberley Process Certificate Unique numbering with “Taiwan” as country code
Certificates which have been tampered with shall not be valid Date of issuance
Date of expiry Issuing authority
Identification of exporter and importer Carat weight/mass
Value in US$
Number of parcels in shipment
The Relevant Harmonized Commodity Description and Coding System Validation of Certificate by the Export Authority
5. Record of rough diamond import and export data:
The Bureau will establish a database of all records of imports and exports of rough diamonds in order to effectively monitor and trace their trade routes. The Bureau will exchange this information with Kimberley Process Participants.
6. Collection and publication of rough diamond import and export information:
(1) The Bureau will publish, in a standardized format, quarterly aggregate statistics on rough diamond exports and imports, including the serial numbers of domestic and foreign Certificates validated for import and export of rough diamonds.
(2) The Bureau will publish on a regular basis statistics on rough diamond exports and imports by origin and provenance, by carat weight and value, and under the
relevant Harmonized Commodity Description and Coding System (HS)
classifications 7102.10, 7102.21 and 7102.31 as a reference for Kimberley Process Participants.
7. Other regulations:
(1) The above-mentioned provisions apply to parcels by air or by sea as well as to passengers who carry rough diamonds into and out of the jurisdiction of Taiwan.
(2) For exportation/importation of rough diamonds that has anti violated the above-mentioned provisions, the Bureau may impose an administrative fine of not less than NT$30,000 but not more than NT$300,000, or prohibit the violation party
from exporting, importing, or exporting/importing goods for not less than one month but not more than one year.
