| THE MINISTRY OF INDUSTRY AND TRADE- THE MINISTRY OF FINANCE --------- No.14/2009/TTLT-BCT-BTC | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ----------- Hanoi, June 23, 2009 |
JOINT CIRCULAR
Guiding the certification of and procedures for import and export of rough diamonds in implementation of the Kimberley Process Certification Scheme
Pursuant to the Governments Decree No. 189/2007/ND-CP dated December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry Trade;
Pursuant to the Kimberley Process Certification Scheme for rough diamonds, concluded on November 5, 2002, m Interlaken, Switzerland;
Pursuant to the Government's Decree No. 118/2008/ND-CP dated November 27, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;
In furtherance of the Prime Minister 's Directive No. 1600/2002/CT-QHQT-VPCP dated December 13, 2002, on Vietnam’s participation in the Kimberley Process Certification Scheme for import and export of rough diamonds;
The Ministry of Industry and Trade and the Ministry of Finance jointly guide the certification of and procedures for import and export of rough diamonds in implementation of the Kimberley Process Certification Scheme as follows:
I. GENERAL PROVISIONS
Article 1.
Scope of regulation
This Joint Circular guides the certification of and procedures for import and export of rough diamonds in implementation of the Kimberley Process Certification Scheme (below referred to as the KP Certification Scheme).
Article 2.
Subjects of application
This Circular applies to traders participating in the import and export of rough diamonds.
Article 3.
Interpretation of terms
1. Conflict diamonds means rough diamonds used by rebel movements or their allies to finance conflicts aimed at undermining legitimate governments, as described in relevant United Nations Security Council (UNSC) resolutions still in effect, or in other similar UNSC resolutions which may be adopted in the future, and as understood and recognized in United Nations General Assembly (UNGA) Resolution 55/56, or in other similar UNGA resolutions which may be adopted in the future;
2. Country of origin means the country where rough diamonds have been mined or extracted;
3. Country of provenance means the last Participant from where rough diamonds were exported, as recorded on import documentation;
4. Diamond means a natural mineral consisting essentially of pure crystallized carbon in the isometric system, with a hardness on the Mohs (scratch) scale of 10, a specific gravity of approximately 3.52 and a refractive index of 2.42;
5. Exporting authority means the authority or body designated by the country of provenance which is authorized to validate the Kimberley Process Certificate;
6. Importing authority means the authority or body designated by an importing country to conduct all import formalities and particularly the verification of the accompanying Kimberley Process Certificate;
7. Kimberley Process Certificate (below referred to as KP Certificate) means a forgery resistant document with a particular format which identifies a shipment of rough diamonds as complying with the requirements of the KP Certification Scheme;
8. Parcel means one or more diamonds that are packed together and that are not individualized;
9. Parcel of mixed origin means a parcel that contains rough diamonds from two or more countries of origin, mixed together;
10. Participant means a state or a regional economic integration organization for which the KP Certification Scheme is effective;
11. Regional economic integration organization means an organization comprising sovereign states that has been transferred competence in respect of matters governed by the KP Certification Scheme;
12. Rough diamonds means diamonds that are unworked or simply sawn, cleaved or crude and fall under subheadings 7102.10, 7102.21 and 71023.31 of the Harmonized Systems (HS);
13. Shipment means one or more parcels that are physically imported or exported.
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