Legal Document

No one is allowed to export unpolished diamonds from Namibia unless they meet specific criteria: they must be a producer, a holder of a prospecting licence, a dealer, a permit holder, or acting under a lawful agreement with one of these parties. Violating this law is a serious offense, punishable by a fine of up to N$1,000,000, up to 20 years in prison, or both.

Anyone planning to export polished diamonds of a specified weight from Namibia must notify the Minister at least 14 days in advance. The Minister may examine the diamonds within this period to confirm they are polished. If confirmed, the diamonds must be sealed before export. If the Minister does not examine the diamonds within 14 days, they can be exported without examination or sealing. Violating these regulations can result in a fine of up to N$1,000,000, up to 20 years in prison, or both.

No one is allowed to export diamondiferous concentrate from Namibia without a permit, unless acting under a lawful agreement with the permit holder. Any unpolished diamonds recovered from the exported concentrate must be returned to Namibia within the period specified in the permit. Violating these regulations can result in a fine of up to N$1,000,000, up to 20 years in prison, or both.

No one can import unpolished diamonds into Namibia without a specific permit. However, this rule does not apply to unpolished diamonds that were originally exported from Namibia, processed abroad, and are now being returned. Violating this regulation can result in a fine of up to N$1,000,000, up to 20 years in prison, or both.

Any person entitled to export unpolished diamonds from Namibia must pay a 10% duty on the diamond's value before it is released by the Minister. This payment is split between the Diamond Valuation Fund and the State Revenue Fund. Those who pay this duty are exempt from paying royalties under the Minerals Act. However, no duty is required if it has already been paid or if the diamond was not recovered in Namibia. The Minister may remit, refund, or defer duty payments under certain conditions, and must report all such actions to the National Assembly annually.

No one can export unpolished diamonds from Namibia without first submitting the diamonds to the Minister for market value determination. This valuation considers the agreed sale price and international market prices. After valuation, the diamonds must be sealed before export and cannot be handled otherwise. Exceptions are made for diamondiferous concentrates or materials that might contain unpolished diamonds. Violating these rules can result in a fine of up to N$1,000,000, up to 20 years in prison, or both.

The Minister has the authority to grant permits for various activities related to unpolished diamonds and diamondiferous materials for individuals not otherwise authorized by the Act. These activities include possessing, selling, buying, exporting, importing, and polishing unpolished diamonds, as well as handling diamondiferous concentrates and certain materials like sand or gravel that may contain diamonds. Permits can also allow entry, residence, travel, work, or visits in restricted areas, with conditions specified in the permit.