Measure

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.

62. (1) Subject to the provisions of subsections (4) and (5) of this section, any person who is in terms of section 36(1) entitled to export unpolished diamonds from Namibia and who wishes to so export any unpolished diamond shall, before the release of that diamond by the Minister following valuation thereof in terms of section 45, pay to the Commissioner, in accordance with the provisions of subsection (2) of this section, a duty at a rate of 10 per cent of the value of that diamond as determined by the Minister in terms of the last-mentioned section.

(2) Whenever the Minister has made a determination under section 63(1), the Commissioner shall direct that payment of any duty payable in terms of subsection (1) of this section be made to the Commissioner in two parts in such amounts as specified by the Commissioner having regard to such determination: Provided that -

(a) the part which consists of a percentage of the duty payable in terms of subsection (1) of this section and which has been determined under section 63(1), shall be paid to the Commissioner for the benefit of the Diamond Valuation Fund established by that section; and
(b) the other part shall be paid to the Commissioner for the benefit of the State Revenue Fund.

(3) Notwithstanding anything to the contrary in any other law contained, any person -

(a) who is liable to pay a duty in terms of subsection (1) in respect of any unpolished diamond; or
(b) in respect of whom -

(i) any such duty was remitted or refunded; or
(ii) payment of any such duty was deferred,
under subsection (7), shall be exempt from liability to pay any royalty which he or she may be required to pay in terms of the Minerals (Prospecting and Mining) Act in respect of that diamond.

(4) No person shall be liable to pay any duty in terms of subsection (1) in respect of any unpolished diamond, if any such duty has already been paid in respect of that diamond or if any royalty has already been paid in respect of that diamond in terms of the Minerals (Prospecting and Mining) Act, proof of any such payment being on the person claiming to be exempt from liability in terms of this section.

(5) No person shall be liable to pay any duty in terms of subsection (1) in respect of any unpolished diamond not won or recovered in Namibia, proof of which shall be on the person claiming to be exempt from liability in terms of this section: Provided that the provisions of subsection (1) shall apply in respect of the export of any unpolished diamond which was won or recovered outside Namibia from diamondiferous concentrate, sand, soil, clay, gravel, stone, rock or mineral previously exported from Namibia and which was returned to Namibia in terms of section 54(2) or 56(2), as the case may be.

(6) Notwithstanding anything to the contrary in any other law contained, no person who sells or otherwise disposes of any unpolished diamond to a licensee shall be required to pay any royalty in terms of the Minerals (Prospecting and Mining) Act in respect of that diamond.

(7) Notwithstanding anything to the contrary contained in the State Finance Act, 1991 (Act No. 31 of 1991), the Minister in consultation with the Minister of Finance may, on application made to him or her in writing by any person referred to in subsection (1) -

(a) by notice in writing to such person -

(i) remit, either wholly or partly, any duty payable in terms of subsection (1); or
(ii) defer payment of any such duty; or

(b) refund, either wholly or partly, any duty paid in terms of subsection (1),
on such conditions as may be determined by the Minister and specified in that notice, or the Minister may refuse to so remit or refund such duty or to so defer such payment.

(8) The Minister shall, not later than 30 June in each year, lay upon the Table of the National Assembly a report showing -

(a) the full names of all persons in respect of whom duties were remitted or refunded or payments of duties were deferred under subsection (7) during the financial year which ended in that year; and
(b) the amounts remitted, refunded or deferred and the reasons for such remission, refund or deferment.