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People's Republic Of China Implementation Of The Kimberley Process Certification Scheme For The International Regulations

Original Language Title: 中华人民共和国实施金伯利进程国际证书制度管理规定

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(December 31, 2002, the State General Administration of quality supervision, inspection and quarantine announced, 42nd) Chapter I General provisions article I-implementation of international obligations, safeguarding peace and stability in Africa to combat illicit trade in conflict diamonds, according to China's related laws and regulations and the 55th/56th United Nations General Assembly resolution and the requirements of the Kimberley Process certification scheme for the international, these provisions are formulated.     Article rough diamonds in these rules refers to unprocessed or simply cut or partially polished, into commodity description and coding system 7102.10, 7102.21 and 7102.31 diamonds. Article People's Republic of China General Administration of quality supervision, inspection and quarantine (hereinafter referred to as AQSIQ) is the management of the implementation of the Kimberley Process certification scheme for the international.     AQSIQ specified for entry-exit inspection and quarantine institutions (hereinafter referred to as the inspection and quarantine agency) is responsible for the export and import of rough diamonds from the country of origin () or countries of origin () for verification and validation of rough diamonds, check, visa.     Fourth International Kimberley process certificate is official and legally binding documents. Fifth article of the applicable yujinboli process international certification scheme for Member States (hereinafter referred to as Member States) between import and export trade in rough diamonds.     Inspection and quarantine institutions only declarations of rough diamond imports and exports between Member States. Sixth section under general trade imports and exports of rough diamonds to accept declarations, verification testing and issuing of the entry/exit of goods customs form, hosted by the State administration of quality supervision within the Shanghai Diamond Exchange Office for processing.     Kimberley process international certification scheme for the relevant value approved by the State administration of quality supervision work in licensed diamond Research Center in Shanghai at the Shanghai Diamond Exchange commitment.     Of entry and exit under the processing trade of rough diamonds to accept declarations, verification testing and issuing of the entry/exit of goods customs form, designated by the State General Administration of quality supervision, inspection and quarantine departments.     From outside into the bonded warehouse or free trade zone and export processing zone as well as from a bonded warehouse or free trade zone, export processing zones and export supervised warehouse out of rough diamonds receive declarations, verification testing and issuing of the entry/exit of goods customs form, designated by the State General Administration of quality supervision, inspection and quarantine departments.     Chapter II registration article seventh national registration administration imposed on imports and exports of rough diamonds.     People's Republic of China territory of enterprises engaged in import and export of rough diamonds or his agent and the carrier must be registered with the inspection and quarantine agencies to apply for and obtain registration, before engaging in the import and export of rough diamonds related business.     Eighth when the application for registration, shall provide the following information: (a) the People's Republic of China implementation of the Kimberley Process certification scheme for international registration application form (annex 1), and (ii) compliance with the Kimberley Process certification scheme for the international statement (c) copy of business license and (iv) other required materials. Nineth audit and investigation by the inspection and quarantine institutions, to meet the conditions for registration to go through the registration formalities, and issue the People's Republic of China implementation of the Kimberley Process certification scheme for the international certificate of registration (hereinafter referred to as registration certificate) (annex 2).     Registration certificate is valid for 2 years, 1 month prior to the expiration, can apply for an extension. Third chapter imports verification test tenth article rough diamond entry Qian, rough diamond of import and export enterprise or its agent and carrier (following referred to declared people) should to its registered registration to test quarantine institutions submitted registered registration card, and People's Republic of China imports rough diamond Declaration (annex 3), and rough diamond export country government competent institutions issued of Kimberley process international certificate original, about information, handle entry declared procedures.     Does not provide those documents inadmissible declared.     11th inspection and quarantine agencies to accept the Declaration should be submitted to scrutiny of the Kimberley process, an international certification, among Member States can be checked, if necessary, and in accordance with the requirements of the Kimberley Process certification scheme for the international audit declarations with the competent agencies of the Government of the exporting country of the Kimberley process international conformity certificates.     12th article test quarantine institutions should in specified locations and the declared people presence of situation Xia, verification goods origin mark, and seal General and the both inside and outside packaging; check native country (to)/source country (to), and by goods people, and certificate number, whether and with attached of Kimberley process international certificate by column content consistent; on declared amount for approved; on rough diamond of carats weight (number), according to Kimberley process international certificate system of requirements implementation test.     Upon inspection, to meet the requirements, issued by the customs formalities of entry of goods, customs clearance form on entry of goods the customs inspection.     After the end of the 13th entry verification, inspection, inspection and quarantine authorities should issue a confirmation of imports of rough diamonds, sent to the country of origin of the goods ()/source (land) Government authorities, and confirmed that the diamonds had arrived by e-mail. 14th inspection and quarantine agencies shall be of the People's Republic of China Declaration form for the import of rough diamonds, and the export of rough diamonds issued by the Government authorities of the Kimberley process, an international certification originals and copies of confirmation of imports of rough diamonds and other relevant information archive.     Archive shelf life for 3 years.     Fourth chapter export verification test 15th article rough diamond exit Qian, declared people should to its registered registration to test quarantine institutions submitted registered registration card, and People's Republic of China export rough diamond Declaration (annex 4), statement by declared of export rough diamond for non-conflict diamond, and purpose country for members, and guarantee export rough diamond store in anti-loss container in the transport, while provides contract, and invoice and the value proved file and other proved rough diamond legitimacy of about information. 16th inspection and quarantine agencies to accept the Declaration, should be under the specified location and the presence of the declarant, to verify the authenticity of the origin of rough diamonds, rough diamonds, carat weight (quantity) examined and approved the amount declared.     After confirming the contents declared by the applicant are correct, to meet the requirements of the international certification scheme for rough diamonds and the Kimberley process sealing packaging containers, add registration marks of origin, and issue the international certificate of the Kimberley process and the exit of customs clearance of the goods, the Customs examination of the export customs clearance form.     Inspection and quarantine authorities after the Kimberley process international certification, shall send the information by e-mail to the importing. 17th inspection and quarantine agencies, on receipt of the importing Government after confirmation of imports of rough diamonds issued by the competent authorities, confirmation, should be the People's Republic of China Declaration form for the export of rough diamonds, the Kimberley process, the international certificate of copy, and archiving of contracts, invoices and other relevant information.     Archive shelf life for 3 years. Fifth chapter statistics management 18th inspection and quarantine agencies shall, in accordance with the Kimberley Process certification scheme for the international requirements, statistics on rough diamond imports and exports of trade-related data management, establish a statistical database. Statistics include: HS code, the country of origin () and the countries of origin (), trade in the country, import and export business, carat weight (number), amount, visa number, certificate number, certificate number, and so on.     Statistical information on shelf life of 3 years.     19th State quality inspection administration in accordance with the requirements of the Kimberley Process certification scheme for the international exchange of data, unified release relevant information. 20th report people to save the integrity of trade documents, while trade data statistics, statistics include: customer name, the import and export of rough diamonds carat weight (amount) and the amount.     Trade documents and statistical data retention period of 3 years.     The sixth chapter supplementary articles article 21st of rough diamonds in transit, inspection and quarantine institutions declare ensure the sealed containers of rough diamonds unopened and undamaged case, no verification of the Kimberley process international certification.     22nd in order to facilitate trade, regulation, work related to diamond trading bodies shall cooperate with the inspection and quarantine authorities, and to provide the necessary conditions.     23rd against an accurate Declaration of country of origin for rough diamonds () and the countries of origin (), forging, altering the Kimberley process international certification and other relevant documents, in violation of the Kimberley Process certification scheme for the international regulations, engaged in the import and export of conflict diamonds, in accordance with the relevant laws and regulations will be punished.     24th article related to the requirements of the Kimberley Process certification scheme for the international terms and definitions see annex 5.     25th article of the regulation by the AQSIQ to interpret.       26th article of the regulations come into force on January 1, 2003.     Annex 1: record companies understand this registration form completed in its entirety, all information and documents submitted are true and correct, and ensure that: first, strictly in accordance with the Kimberley Process certification scheme for the international and the People's Republic of China regulations on the implementation of the Kimberley Process certification scheme for the international management of the relevant provisions, for the rough diamond business management.     Second, be prepared to accept the supervision of the inspection and quarantine checks, provision of information, to ensure the authenticity of the documents.       If there is any breach of this warranty, the unit may, in accordance with the People's Republic of China regulations on the implementation of the Kimberley Process certification scheme for the international management of regulations being dealt.     Annex 2: Annex 3: Annex 4-Annex 5: about the Kimberley Process certification scheme for the international definition of conflict diamonds is a force in the United Nations Security Council resolutions or in the future by similar resolutions and the 55th/56th United Nations General Assembly resolution or similar resolutions adopted in the future to finance insurgency aimed at destabilizing legitimate Governments of rough diamonds.     Country of origin () refers to a State in which the rough diamonds were mined or extracted (ground).     The countries of origin () refers to the record in the import documents of the last member of a rough diamond exports ().     Exit is an exit/out of any area of the geographical territory of a Member State.     Exporting government authorities refers to a group of rough diamonds will be leaving its border agency designated by the Member States, the Agency is authorized to issue Kimberley Process certificates.    Import refers to the enter/into any area of the geographical territory of a Member State. Import of government authority refers to a group of rough diamonds into its territory agency designated by the Member States, the implementation of all import formalities, in particular identification with the import of rough diamonds from Kimberley process international certification.     Kimberley process international certification is a kind of security features used to identify a group of rough diamonds meet the requirements of the Kimberley Process certification scheme for the international special certificate format.     Refers to the State certification scheme entered into force the Member States or regional economic integration organizations.     Integrated regional economic organization means an organization composed of sovereign States, and has authorized the Organization processing the certificate system of sovereign States.     Refers to unprocessed or for rough diamonds through simple cutting, or just some polishing, diamonds classified to the coding system of coordination 7102.10,7102.21 and 7102.31. Transit means crossing the territory of a Member State or a non-Member State territories, regardless of whether the trans-shipment, warehousing or change mode of transport. And this is a group of cargo in transit through the territories of the Member States or non-Member States of the territory of the border part of the entire process.