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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.

45. (1) Subject to the provisions of subsection (2), no person shall export any unpolished diamond from Namibia unless that diamond has been submitted to the Minister for determination of its market value in terms of subsection (3).

(2) The provisions of subsection (1) shall not apply in respect of diamondiferous concentrate or any sand, soil, clay, gravel, stone, rock or mineral which may contain unpolished diamonds.

(3) For the purpose of subsection (1), the market value of any unpolished diamond shall be determined in writing by the Minister having regard to the value agreed upon between the person who sells or otherwise disposes of that diamond and the person to whom that diamond is sold or otherwise disposed of in an at arm’s-length sale and prices which are in the opinion of the Minister at the particular time paid on international markets for such diamonds, less any amounts deducted in respect of fees, charges or levies which are in the opinion of the Minister charged on international markets.

(4)  (a) After valuation in terms of subsections (1) and (3), the unpolished diamond in question shall, before being released for export, be made up in a parcel and sealed in such manner as the Minister may prescribe or otherwise determine.
(b) The unpolished diamond so sealed -

(i) shall not be dealt with otherwise than to be exported;
(ii) shall not be exported otherwise than in that sealed parcel.

(5) Any person who contravenes or fails to comply with a provision of subsection (1) or (4)(b) shall be guilty of an offence and on conviction be liable to a fine not exceeding N$1 000 000 or to imprisonment for a period not exceeding twenty years or to both such fine and such imprisonment.