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Prohibition relating to export of unpolished diamonds

Type Class Valid From Valid To
Prohibited Goods Goods 01/04/2000
Summary:

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.

Description:

(1) No person shall export any unpolished diamond from Namibia unless such person is -

(a) a producer who has won, recovered or found that diamond in accordance with the provisions of the Minerals (Prospecting and Mining) Act, proof of which shall be on such producer;

(b) the holder of an exclusive prospecting licence or a non-exclusive prospecting licence who has won, recovered or found that diamond in accordance with the terms and conditions of any such licence, proof of which shall be on such holder of an exclusive prospecting licence or a non-exclusive prospecting licence;

(c) a dealer;

(d) the holder of a permit referred to in section 27(d); or

(e) acting in the course and scope of or in the execution of a lawful agreement to which any person referred to in paragraph (a), (b), (c) or (d) is a party, proof of which shall be on such first-mentioned person.

(2) Any person who contravenes a provision of subsection (1) 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.

Commodities Affected by the Measure

# HS Code Description
1 7102 Diamonds, whether or not worked, but not mounted or set
2 7103 Precious stones (excluding diamonds) and semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (excluding diamonds) and semi-precious stones, temporarily strung for convenience of transport

Procedures Implementing the Measure

1 Application for dealers licence
Activity Outcome Valid For Single Use
Export Dealer's Licence 5 Years No
2 Application of cutter's licence
Activity Outcome Valid For Single Use
Export Cutter's Licence 10 Years No
3 Kimberly Process (KP)
Activity Outcome Valid For Single Use
Export No

Legal Documents Related to the Measure

Name Type Category
Diamond Act 13 of 1999 Act Import/Export