Government relating to FINANCE AND DEVELOPMENT PLANNING from 3rd April, 2003 to 6th April, 2003 being the period of the absence of the Honorable TIMOTHY THAHANE, MP from Lesotho.
KING OF LESOTHO
LEGAL NOTICE NO.66 OF 2003
PRECIOUS STONES (KIMBERLY PROCESS) REGULATIONS 2003
Pursuant to section 42 (1) (f) and (g) of the Precious Stones Order 1970, I
The Minister of Natural Resource, make the following Regulations-
1. These Regulations may be cited as the Precious Stones (Kimberly Process) Regulations 2003 and shall come into operation on the date of publication in the Gazette.
2. In these Regulations, unless the context otherwise requires-
“Kimberly Process Certification Process” means a set of measures to be undertaken to eliminate the trade in conflict diamonds, as set under the United Nations Regulation 1173.
“Kimberly Process Certificate” means a certificate issued by the Lesotho Government in respect of dealing in rough diamonds and shall be issued by the Commissioner of Mines and Geology.
3. 1) The exportation of rough diamonds shall be-
a) In accordance with the Kimberly process Certification Scheme; and
b) In respect of a country that is a participant in the Kimberly Process.
2) In addition to the export permit, all exported rough diamonds shall be accompanied by the Lesotho Government Kimberly Process certificate.
4. 1) The Lesotho Government Kimberly Process Certificate shall only be issued by the Commissioner of Mines and Geology.
2) There are no separate requirements for the issuance of the Kimberly Process Certificate and if a dealer complies with the existing requirements, he shall be issued the certificate with every export batch.
3) Notwithstanding the provisions of sub-regulation (2) ,a dealer shall comply with the written conditions contained in the certificate and failure to so comply shall result in the withdrawal of the certificate and diamond dealers license.
5. The holder of the certificate shall keep a copy of the certificate for 5 years and produce that certificate copy to an employee of the Department of Mines and Geology whenever requested to do so.
6. The importation of rough diamonds into Lesotho shall be-
a) From the country that is participant in the Kimberly Process;
b) On condition that the country has issued a Kimberly Process Certificate for these rough diamonds;
c) Done only if the original Kimberly process Certificate is produced to-
i) A customs authority in accordance with customs laws; and
ii) The Commissioner of Mines and Geology at the time of importation.
d) Imported in a tamper resistant container.
MINISTER OF NATURAL RESOURCES
ACT NO. 24 OF 1970