14.     Acquisition of rough or uncut diamonds by licensee

            Any licensee who buys or in any manner receives or acquires any rough or uncut diamond-

     (a)     for a purpose other than the diamond cutting authorized by the licence issued to him; or

     (b)     from any person who is in possession of such diamond in contravention of any enactment,

shall be guilty of an offence.

15.     Cutting in licensed premises

            (1) No licensee shall carry on diamond cutting elsewhere than on the premises described in the licence issued to him or premises of which the address has been endorsed on that licence under the provisions of section 16.

            (2) No licensee shall in any way receive or acquire any unpolished diamond elsewhere than on such premises, or in the office or place of business, of any producer of diamonds or any dealer or in such other place as the Minister may approve or as may be prescribed.

            (3) Except as is otherwise provided, no licensee shall keep any unpolished diamond received or acquired by him elsewhere than-

     (a)     on the premises described or endorsed in the licence issued to him;

     (b)     in a safe deposit vault maintained by a bank; or

     (c)     at such other place as the Minister may approve.

            (4) Every licensee shall affix and keep affixed in some conspicuous place on the outside of and over or at the side of the outer door of such premises his full name and, in the case of a body whose nominee is licensed under this Act, such licensee shall, in addition, affix the name, style or title of such a body and after such name, style or title a description in English and Setswana indicating that such licensee is a licensed diamond cutter, a licensed diamond research worker or a licensed diamond toolmaker, as the circumstances may require, and these particulars shall be printed in such a manner as may be prescribed.

            (5) Any licensee who contravenes the provisions of subsection (4) shall be guilty of an offence and be liable to a fine not exceeding P300 or to imprisonment for a term not exceeding six months, or to both.

16.     Removal or extension of licensee's place of business or work

            If the removal or extension of a licensee's place of business or work to premises other than those in respect of which his licence was issued becomes necessary during the currency of the licence, the Minister may, on application made by the licensee to the Minister, endorse on the licence the address at which such other premises are situated.

17.     Notes of sale, purchase, delivery and receipt

            (1) Whenever a licensee purchases or receives any unpolished diamond for alteration on behalf of any other person, he shall complete a note of sale and purchase, or of delivery and receipt, as the circumstances may require, in the prescribed form and the licensee shall retain such note in his place of business for such period as may be prescribed.

            (2) Any licensee who contravenes the provisions of this section shall be guilty of an offence.

18.     Alteration of cut or polished diamonds

            Any licensee who, without the authority of the Minister, recuts or alters any cut or polished diamond received or acquired by him from any person shall be guilty of an offence.

19.     Securing regular supply of diamonds for diamond cutting

            (1) Subject to subsections (2) and (3), in order that a regular supply of rough or uncut diamonds of such classes, qualities and descriptions as may be required by any licensee may be secured by that licensee, the Minister may from time to time by written notice to any producer of diamonds (hereinafter in this section called "the producer"), or dealer, require the producer or dealer to make available for sale to any such licensee at the office or place of business or work of the producer or dealer, as the case may be, during a period specified in the notice, such classes, qualities and description of diamonds as the Minister may by the said notice fix and determine.

            (2) Where it is the custom of the trade, the Minister shall direct that diamonds made available for sale to any licensee in accordance with subsection (1) shall be taken in a series, which shall be made up according to the value of the diamonds required by the licensee.

            (3) No notice shall be given by the Minister to any producer or dealer under subsection (1) unless the Minister is satisfied that the licensee has been unable by agreement with that producer or dealer to acquire, on terms and conditions deemed by the Minister to be reasonable, a regular supply of diamonds of such classes, qualities and descriptions as will enable the licensee to carry on without interruption the diamond cutting operations authorized by his licence.

            (4) The Minister shall in such notice also fix and determine terms and conditions of sale in accordance with subsections (6) and (7), and the purchase price shall be paid against delivery of the diamonds.

            (5) The producer or dealer, as the case may be, shall on the written demand of any such licensee sell to him diamonds in accordance with the terms of the said notice and notwithstanding that by so selling the producer or dealer shall not fulfil an agreement to sell diamonds to any other person.

            (6) The terms and conditions of sale fixed by the Minister by the notice mentioned in subsection (1) shall prescribe that the prices to be paid by the licensee to the producer or dealer, as the case may be, for the diamonds to be supplied in terms of that notice shall be in accordance with the current market price of those diamonds, arrived at on the basis of the prices obtained by the producer or paid by the dealer.

            (7) The terms and conditions of sale fixed by the Minister by the notice mentioned in subsection (1) shall also include provisions as to-

     (a)     the proof to be adduced as to the prices obtained by the producer or the prices paid by the dealer and the manner in which the prices of the diamonds to be sold to the licensee were determined;

     (b)     the manner in which all questions and disputes which may arise between the licensee and the producer or dealer, as the case may be, in regard to such sale shall be finally settled; and

     (c)     fair and equitable arrangements between the licensee and the producer or dealer, as the case may be, in respect of any matter arising under this Act in regard to such sale.

            (8) Any such producer or dealer who refuses, on the written demand of a licensee made in terms of subsection (5), to sell diamonds to the licensee in accordance with the terms of a notice under subsection (1) shall be guilty of an offence.

            (9) For the purposes of this section-

     (a)     "dealer" includes a purchaser of such diamond; and

     (b)     "series" means an assortment of diamonds made up according to shape, quality, colour and size.

20.     Export, sale, delivery or disposal of unpolished diamonds

            (1) No licensee shall export or sell, deliver or dispose of unpolished diamonds (other than such diamonds set in tools or implements or crushed or altered under authority of a diamond toolmaker's licence) except under such terms and conditions as may be determined by the Minister or as may be prescribed.

            (2) Any licensee who contravenes the provisions of this section shall be guilty of an offence.

21.     Export of cut or polished diamonds

            (1) No person shall export any cut or polished diamonds which are not set in jewellery, tools or implements unless-

     (a)     such diamonds have been exhibited to and sealed for export in the presence of the Mining Commissioner or his representative in such manner as the Mining Commissioner may approve; and

     (b)     such person is able to furnish to the Mining Commissioner on request a satisfactory account of his possession of such diamonds.

            (2) Any person who contravenes the provisions of this section shall be guilty of an offence.

22.     Records to be kept by licensees

            (1) Every licensee shall at all times keep a true and correct daily record, in the prescribed form, of such particulars of all his dealings in diamonds and of all his diamond cutting operations, as may be prescribed:

            Provided that the Mining Commissioner may authorize the destruction of any records which have been in existence for not less than five years.

            (2) Every licensee shall, whenever so required, produce such record for inspection by the Mining Commissioner or any person authorized by the Mining Commissioner.

            (3) Every licensee shall within 14 days after the expiration of every month forward to the Mining Commissioner a true copy of all entries in such record for the previous month, together with a solemn declaration testifying to the correctness thereof.

            (4) Any licensee who contravenes the provisions of this section shall be guilty of an offence.

23.     Approval of employees by Minister

            (1) No licensee shall employ in diamond cutting any person who has not been approved by the Minister.

            (2) Subject to subsection (3), the Minister may refuse to approve the employment of any person in accordance with subsection (1) or direct that an employee should be suspended for a specified period or that he should be dismissed if such applicant or employee-

     (a)     has been convicted of any offence whether in Botswana or elsewhere which in the opinion of the Minister renders such applicant or employee unfit to be employed or continue to be employed by a licensee in diamond cutting operations;

     (b)     habitually associates with any person suspected by the Minister of contravening any law relating to the possession or disposal of diamonds or precious stones either in Botswana or elsewhere; or

     (c)     has failed or is unable to comply with any provisions of this Act with which it is his duty to comply.

            (3) Any licensee who contravenes the provisions of subsection (1) or refuses to comply with the directives of the Minister shall be guilty of an offence.

24.     Records of diamonds handled by employees

            (1) Every licensee shall keep a true and correct daily record, in the form and manner as may be prescribed, of all diamonds handed to and returned by each of his employees:

            Provided that the Mining Commissioner may authorize the destruction of any records which have been in existence for not less than five years.

            (2) Any licensee who contravenes the provisions of this section shall be guilty of an offence.

25.     Notices to be posted by a licensee

            (1) Every licensee shall affix and keep affixed in some conspicuous place on the licensed premises-

     (a)     a copy of the licence issued to him; and

     (b)     a list of the persons employed in the licensed premises.

            (2) Any licensee who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P3000 or to imprisonment for a term not exceeding six months, or to both.

26.     Search by police

            (1) Notwithstanding anything contained in any other written law, a police officer may at all reasonable times enter upon and search any licensed premises and may require from the licensee the production of, and may inspect and make copies of and extracts from, any record required to be kept under this Act, and may ask for the production of, and inspect, any diamonds in the possession or under the control of the licensee, and may require from the licensee or any employee or other person in his employ any information relating to such record and such diamonds or any other diamonds received by the licensee.

            (2) Any person who-

     (a)     refuses or fails to comply to the best of his ability with any requirement made by a police officer in the exercise of his powers under this section;

     (b)     refuses or fails to answer to the best of his ability any question which a police officer in the exercise of his powers under this section has put to him; or

     (c)     hinders or obstructs a police officer in the exercise of his powers under this section,

shall be guilty of an offence.

27.     Power of certain persons to enter upon licensed premises, etc.

            (1) An authorized officer may, at all reasonable times, enter upon any licensed premises for the purpose of-

     (a)     generally inspecting any such premises;

     (b)     ascertaining whether the provisions of this Act are being complied with;

     (c)     giving directions and taking steps to enforce any provisions of this Act; and

     (d)     obtaining such information as he may deem necessary.

            (2) For the purposes of this section "authorized officer" means the Mining Commissioner or his subordinate officers or any other person authorized in writing by the Minister.