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Ensures The Implementation Regulation (Ec) No 2368/2002, Of 20 December, On The Implementation Of The Kimberley Process Certification Scheme For The International Trade In Rough Diamonds

Original Language Title: Assegura a execução ao Regulamento (CE) n.º 2368/2002, do Conselho, de 20 de dezembro, relativo à aplicação do Sistema de Certificação do Processo de Kimberley para o comércio internacional de diamantes em bruto

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Proposal for Law No 261 /XII

Exhibition of Motives

With the aim of countering the illicit trade in high value goods, as is the

case of the trade of war diamonds, the Certification System was instituted

Process of Kimberley. It is a process that aims to certify the origin of diamonds,

in order to prevent the purchase of stones originating from areas of conflict.

The strengthening of the control measures of international trade in goods in force by means of

an effective review of the trade in rough diamonds, it appears fundamental, a

as it will allow to prevent the trade of war diamonds from contributing to the

financing of the actions of rebel movements and their allies and whose aim is

destabilize legitimate governments.

Now, the Kimberley Process Certification System comes to confer a more

effective, contributing to the maintenance of international peace and security and protecting

also the revenue resulting from the exports of rough diamonds, which are

essential for the development of the producing countries.

In effect, the system in question requires that consignments of rough diamonds,

regardless of the point of entry or exit of them in or from the European Union,

are, in the shortest space of time, presented to a Union authority for

verification effects of shipment and validation of the certified respect. For the entities that

carry out a commercial activity in this sector is essential the process of assigning the

authorities, to the extent that the location of these brings significant impacts to the level

of the criteria of economic rationality and accessibility of those entities.

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The European Union integrates that system as a participant and adopted the Regulation (EC)

The Council of December 20, 2002, of December 20, 2002, for its application,

establishing the principle according to which the imports and exports of diamonds in

gross, to or from the territory of the Union, shall be subject to the validation or issuance of the certificates

pertinent by the participating countries of the system.

Each Member State may, in accordance with the said Regulation, designate the authority

or national authorities responsible for the practical application of that certification system

and control and which will be recognized as the authority of the Union.

The non-existence in Portugal of a Union authority mandates forced relocation

of the international trading operations of the rough diamonds, intended for operators

national economic, entailing additional costs that put them at a disadvantage

competitive in the face of their counterparts based in other Member States, which also

has competed for the progressive disappearance of the lapping industry of

diamonds, once promising.

There is manifest economic interest in the economic resurgence of that industry, which

has undeniable advantages for the creation of employment and value added in the market

portuguese, it matters to create conditions for the revitalization of the diamantifera activity,

eliminating the factors that hinder the legitimate trade of rough diamonds.

This proposed Act shall ensure the implementation, in the internal legal order, of the Regulation

(EC) No 2368/2002, of the Council of December 20, 2002 on the application of the

Kimberley Process Certification System.

On the one hand, the present proposal proceeds to the designation of the Tax Authority and

Customs as the authority of the Union competent for the issuance, validation and verification

of the certificates of import and export of the rough diamonds and for the control of the

imports and exports.

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In addition, being in question an activity in which there is a serious risk of trade

illicit goods of high value and meeting the principles of order and safety

international public that the Kimberley process aims to safeguard, it is equally

convenient to assign to a national entity the verification of the suitability of the operators

economic that exercise the activity of import and export of rough diamonds.

In the present proposed law also proceeds to the designation of the Directorate General of the

Economic Activities as a competent national authority to carry out the respect

licensing and registration.

Complementarily, the present proposed law designates the National Press-House of the

Currency, S.A., as a national competent authority for the accreditation and designation of the

experts-classifiers-evaluators, enabled to certify the authenticity and quality of the

rough diamonds.

On the other hand, given that it falls within the scope of Directive No 2006 /123/CE, of the

European Parliament and of the Council of December 12, 2006 on services in the

internal market, transposed into the internal legal order by the Decree-Law No. 92/2010, of

July 26, the present proposal of law further adapts the principles of this Directive to access to

import and export activity of diamonds.

Finally, the present proposed law establishes a sanctioning framework applicable to the

violations of the Kimberley Process Certification System, predicting the application of

precautionary measures and proceeding to the definition of sanctions of a criminal nature and

counterordinate.

The Commission on Regulating Access to Professions and the Insurance Institution were heard

from Portugal.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

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CHAPTER I

General provisions

Article 1.

Object

This Act shall ensure the implementation, in the internal legal order, of the Regulation (EC)

n 2368/2002 of the Council of December 20, 2002 (hereinafter referred to as

Regulation), in the following terms:

a) Applies the Kimberley Process Certification System to the trade

international diamond in the rough and designates, in that scope, the authority of the

Union in Portugal and the competent national authorities;

b) Regulates the access and exercise of the import and export activities of

diamond in the rough;

c) Establishes the access and exercise regime of the expert activity-classifier-

diamond valuer in gross and issue of the respective professional title;

d) Establishes the sanctionatory regime applicable to the violation of the Certification System

of the Kimberley Process.

Article 2.

Definitions

For the purposes of this Law, it is understood by:

a) "Certified", the document duly issued and validated by authority

competent from a participant, who proves that a consignment of diamonds

in the rough meets the requirements of the Process Certification System of

Kimberley;

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b) "Classification", the allocation of the codes of goods mentioned in the paragraph

next;

c) "Rough diamonds", diamonds not worked or simply sawn,

clipped or unbashed, described in the Harmonized System of Designation and of

Coding of Goods with the codes 7102 10, 7102 21 and 7102 31,

designated "HS code", in the acetation of the Regulation;

d) "Economic operators", the natural or collective persons who proceed to the

import or export of rough diamonds;

e) "Expert-classifier-evaluator", the natural person holder of professional title

validly issued, to whom it competes to evaluate rough diamonds, as to the

respect value, qualification and weight;

f) "Kimberley Process Certification System", the international system of

certification negotiated in the framework of the Kimberley Process, for trade

international of rough diamonds (hereinafter referred to as SCPK).

Article 3.

Competent authorities

1-A Tax and Customs Authority (AT) is the authority of the competent Union for

issuance, validation and verification of the import and export certificates of the

rough diamonds and for the control of these imports and exports, in the framework of the

SCPK.

2-A Directorate General of Economic Activities (DGAE) is the competent authority for the

licensing and registration of economic operators carrying out the activities of

import and export of rough diamonds.

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3-A National Press-House of Currency, S.A. (INCM) is the competent entity for the

habilitation procedure and issuance of the title of expert-classifier-evaluator and for

the printing of the import and export certificates of the rough diamonds.

CHAPTER II

Import and export of rough diamonds

SECTION I

Licensing

Article 4.

License

The import and export activities of rough diamonds can only be exercised

by deviously licensed economic operators and which meet conditions of suitability.

Article 5.

Application for licensing

The application for the licensing of import and export activities is presented, by

electrolytic means, together with the DGAE, through own form, which contains the following

elements:

a) Identification of the applicant with a mention of the name or firm and the nationality or

status of residence;

b) Address of the registered office or of the tax domicile, depending on whether it is a collective person or

of entrepreneur on an individual's behalf;

c) Permanent certificate code or declaration of commencement of activity, depending on whether

treat yourself to a collective person or entrepreneur on an individual basis;

d) Certificate of criminal record of the applicant or, by treating himself to a collective person,

of the respective trustees, directors or managers;

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e) Written statement, under commitment of honour, attesting that in relation to the

applicant or, by treating themselves as a collective person, to the trustees ' respects,

directors or managers do not check any of the circumstances that

determine the inidoneity of the economic operator.

Article 6.

Issue of the licence

1-A licence is issued within five working days of the receiving of the application for

licensing, submitted pursuant to the previous article.

2-Economic operators who are holders of activity leave shall

report to the DGAE, within 30 days after the respective verification, any

of the following situations:

a) Change of the administrators, directors or managers;

b) Changes of the trade name, legal nature and the registered office or the

tax domicile;

c) Cessation of activity.

3-In the case provided for in paragraph a ) from the previous number, the communication is accompanied by the

respects certified criminal record.

Article 7.

Idoneity

1-A The import and export activity of rough diamonds can only be exercised

by economic operators considered to be idogens.

2-For the purposes of the provisions of the preceding paragraph, it is understood that it determines inidoneity

of the economic operator the verification of some of the following circumstances:

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a) Have been declared insolvent by court decision in the last five years,

find themselves in a phase of settlement, dissolution or cessation of activity, subject to

any preventative means of settlement of heritage or in any situation

analogous, or that has the respect process pending, save when you meet

covered by a special business recovery plan under the

legislation in force;

b) Have been convicted, in Portugal or abroad, with transit on trial, by the

Practice of one of the following crimes, as long as punishable with imprisonment

greater than six months:

i) Crimes against heritage;

ii) Crime of trafficking in narcotics;

iii) Crime of money laundering;

iv) Crime of corruption;

v) Crimes of forgery;

vi) Crime of trafficking in influence;

vii) Tax or customs crimes provided for in the General Regime of Infractions

Tributaries (RGIT), approved by Law No. 15/2001, of June 5.

3-Determined still the inidoneity of the economic operator the verification of some of the

circumstances provided for in the preceding paragraph with respect to its administrators,

directors or managers.

4-The convictions referred to in point b) of paragraph 2 cease to be relevant from the

date of the definitive cancellation of your enrolment in the criminal record.

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5-A The supervenient lack of the suitability requirement implies the expiry of the licence

reported at the date of the verification of the circumstance that determines the inidoneity of the

economic operator.

Article 8.

Registration of economic operators

1-A DGAE organizes and keeps up to date the register of economic operators

established in national territory, on the basis of the licences assigned for the exercise of the

activity.

2-The record is aimed at identifying and characterizing the universe of operators

economic activity carrying out the economic activity of import and export of

rough diamonds.

SECTION II

Conditions and obligations

Article 9.

General import and export conditions

1-The import and export operations of rough diamonds can only be

effected by the economic operators when they meet the defined conditions,

respects, in Articles 3 and 11 of the Regulation.

2-For the purposes of the provisions of the preceding paragraph, economic operators shall

notify us in advance of the competent authority of the operations they intend to undertake,

on the terms and conditions to be defined by dispatching of the director-general of AT.

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3-Private individuals carrying with diamonds in raw diamonds from or

intended for third countries, or that receive them or send them as a postal order,

they must present them to the customs jointly with the certified respect, in the

moment of the entry or exit of the national territory, to carry out its legalization,

through the fulfillment of all necessary legal and regulatory formalities,

either on the import, or on export.

4-Import and export formalities must be complied with at the customs with

specific competence for the control of these movements, duly identified

in the Finance Portal, to which it is assigned, for this purpose, national jurisdiction.

Article 10.

Specific conditions for the import

1-The importer of rough diamonds presents the consignment at the competent customs

accompanied by the certified respect, issued by a participating country of the SCPK, to

compliance with import formalities and for the purpose of verification of the

observance of the conditions laid down in Article 3 and (para. a) of Article 5 (1) of the

Regulation.

2-When a shipment is made up of more than one container is required

proceed to the physical verification of each container.

3-A import depends on the intervention of an expert-classifier-evaluator, which

proceeds to the periper at the time of the customs check of each shipment and elabages the

respects report.

4-In the event of non-compliance with the conditions referred to in the preceding paragraphs, AT

seize the shipment.

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Article 11.

Specific conditions for export

1-Previously on the fulfilment of export formalities, the exporter of

rough diamonds requires AT the issuance and validation of the certificate provided for in paragraph 3

of Article 9, making proof that the conditions laid down in the

article 12 of the Regulation.

2-If it is a holder of a valid certificate, issued by a Union official, the

exporter must present it together with the consignment at the competent customs.

3-A issuance and validation of the certificate, as well as the verification of the shipment and sealing of the

container are subject to the conditions laid down in Articles 11 and 12 of the Regulation.

4-When a shipment is made up of more than one container is required

proceed to the physical verification of each container.

5-A exportation depends on the intervention of an expert-classifier-evaluator, which

proceeds to the periper at the time of the customs check of each shipment and elabages the

respects report.

6-In the event of non-compliance with the conditions referred to in the preceding paragraphs, AT

seize the shipment.

Article 12.

Obligations of economic operators

1-Economic operators who exercise the import and export activity of

rough diamonds must maintain, for a period of five years, records

permanently updated of all purchase, sale, import or

export containing the names of customers and suppliers, the figures of the

respects customs declarations and the numbers of the corresponding certificates, well

how to conserve copy of the certificate provided for in Article 9 (3).

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2-A liability for the payment of costs inherent in the intervention of the expert-

classifier-evaluator and due for the period of the presented certificate is imputed

to the importer or exporter, as the case may be.

3-The obligations referred to in the preceding paragraphs are also applicable to private individuals

that carries with it rough diamonds from third countries.

CHAPTER III

Expert-classifier-evaluator of rough diamonds

Article 13.

Professional title of expert-classifier-evaluator

The activity of expert-classifier-evaluator of rough diamonds in national territory

can only be exercised by whoever is valid professional title holder and assemble conditions

of idoneity.

Article 14.

Expert activity-classifier-evaluator

1-A expert activity-classifier-diamond evaluator in rough, enabled with the

respects professional title, consists, specifically, in the exercise of the following

functions:

a) Physical inspection of imported and exported diamonds;

b) Comparison of the data of the diamonds inspected with the data indicated

on the certificate that accompany them;

c) Opening of packaging and batches of rough diamonds, where necessary,

for the purpose of inspection;

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d) Verification that all documents referring to diamonds in the rough if

find sufficiently detailed and correspond to diamonds

imported or exported that are inspected.

2-In the physical inspections, experts-classifiers-evaluators must observe the

following guidelines:

a) There can be no difference between the declared value of the diamond and the value

that results from the evaluation;

b) The weight of the diamond must be precise;

c) Each assessed diamond must be properly identified according to the

codes described in the Harmonized Assignment and Coding System of

Goods.

3-The experts-classifiers-evaluators draw up a detailed report of each

inspection effected.

4-In the exercise of their activity, the experts-classifiers-evaluators find themselves

required to professional secrecy.

Article 15.

Habilitation the examination of the experts-classifiers-evaluators

1-A natural person who intends to obtain the professional title of

expert-classifier-evaluator submits the examination to be carried out at INCM, owing, to the

effect, to present, by means of this, by means of this, by means of its own form,

an application instructed with the following elements:

a) Certificate of the updated criminal record;

b) Statement in how you do not find yourself in one of the situations that determines

inidoneity;

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c) Statement by an ophthalmologist doctor confirming the visual ability of the

candidate;

d) Original documentation, issued by competent entities, which attests that the

candidate holds, at least, five years of professional experience in the evaluation

of rough diamonds, proving the fitness for the exercise of the activity;

e) Documentation proving the frequency and approval in the technical courses and

scientific and the habilitations that the candidate possesses in the area of the evaluation of

rough diamonds.

2-Verified the correct statement of the application and the padding of the rest

legal requirements, INCM determines the constitution of the commission that carries out the examination, the

which is composed of five members:

a) A president, gemologist, holder of a recognized university degree in the

matter, to be designated by INCM;

b) Two effective members and two alternating members, with recognized

professional knowledge in diamonds, to be designated by INCM;

c) Two effective members and two alternate members, to be assigned by AT.

Article 16.

Examination, evaluation and classification

1-A The structure of the examination is composed of a theoretical part, relative to the gemology and the

economics of a specific company of the diamond sector, and by a practical part,

which consists of the physical inspection of diamond batches and the elaboration of the respect

report.

2-A the committee classifies the candidates according to the results obtained in the examinations,

by submitting this classification to the INCM Board of Directors for ratification.

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3-The experts-classifiers-evaluators are appointed for five years, finders of which the

your knowledge is the subject of re-evaluation by a re-evaluation commission,

appointed in identical terms to the examination board, subjecting itself to a proof of

re-evaluation.

Article 17.

Dissemination of the composition of the committee, examination and classification

1-A composition of the committee, the date and place of carrying out the examination, as well as the

structure of the exam, are released in advertisement published by INCM in two papers

of national disclosure and in the Official Journal of the European Union As well as in the Portal of

INCM and the Citizen Portal.

2-A classification of candidates, after ratification of the Board of Directors of the

INCM, is disclosed in advertisement published in the INCM Portal and the Citizen Portal and

sent to AT.

Article 18.

Experts-classifiers-evaluators from other Member States

1-The national citizens of Member States of the European Union or of Space

European Economic, whose qualifications have been obtained in another Member State,

aced the activity of expert-classifier-evaluator by the recognition of his

qualifications pursuant to the provisions of Law No. 9/2009 of March 4, as amended by the

Laws No. 41/2012, of August 28, and 25/2014, of May 2.

2-The recognition of the qualifications referred to in the preceding paragraph shall compete with INCM.

Article 19.

Idoneity

1-A expert activity-classifier-evaluator can only be exercised by people

singular considered to be elderly pursuant to Article 7.

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2-A The supervenient lack of the suitability requirement implies the expiry of the title

professional reported at the date of the verification of the circumstance that determines the

inidoneity.

Article 20.

List of experts-classifiers-evaluators

1-In the Finance Portal is released the list of the experts-classifiers-evaluators

enabled to exercise the respect of activity.

2-Economic operators can choose any of the

experts-classifiers-evaluators who are part of the list, becoming responsible for the

payment of the honorary respects.

Article 21.

Suspension of the professional title

1-A INCM suspending the professional title of the expert-classifier-evaluator:

a) When the latter does not periodically update its knowledge, pursuant to the

n Article 16 (3);

b) When you check out any of the expected idoneity situations

in Article 7.

2-A suspension of the professional title provided for in paragraph a) of the previous number cessa soon

that the expert-classifier-evaluator performs and proves the periodic update of the

their knowledge.

3-In the event of a suspension of the professional title, the expert-classifier-evaluator is

notified to proceed, voluntarily, to the delivery of the title to INCM, under penalty of

be determined to their apprehension.

4-The procedure of suspending the professional title is applicable the Code of

Administrative Procedure.

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Article 22.

Civil liability insurance

1-The expert-classifier-evaluator shall have insurance of civil liability,

financial guarantee or equivalent instrument to cover any resulting damage

of the exercise of the activity.

2-The safe capital, the financial guarantee or the equivalent instrument referred to in the

previous number should be of mandatory minimum value of € 200,000.00, this being

updated value in each calendar year by the Consumer Price Index, when

positive, referring to the previous calendar year, published by the National Institute of

Statistic.

3-Insurance, financial guarantees or equivalent instruments concluded

in another Member State of the European Union or of the European Economic Area are

recognised under Article 13 of the Decree-Law No. 92/2010 of July 26.

4-The supporting documents of the insurance, the financial guarantee or the instrument

equivalent should be displayed to the police authorities or the Security Authority

Food and Economic (ASAE) whenever they are requested by these.

CHAPTER IV

Sanctionatory regime

Article 23.

Competent entities for the audit

1-Compete to ASAE and AT the audit of compliance with the provisions of this Law.

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2-Where there are indications of the practice of infraction, the authorities of the supervising authorities or

officers may submit the certificate referred to in Article 9 (3) to the periper in the

INCM.

Article 24.

Precautionary measures

1-Whenever they are found in the unaccompanied rough diamond market of

a valid certificate issued by the competent authority of the SCPK, the entities

referred to in the preceding article may determine:

a) The immediate suspension of the exercise of the activity of economic operators;

b) The provisional closure of the establishment, in its entirety or in part;

c) The seizure of the diamonds that find themselves in these conditions.

2-The cautionary measures referred to in the preceding paragraph vigorously to the final decision in the

respect process-crime or counterordinational process, without prejudice to the

possibility, at all times, of your alteration, replacement or revocation on the terms

general.

3-From the decision of application of the cautionary measure rests with appeal to the judicial court

competent, in the legal terms.

Article 25.

Smuggling of rough diamonds

1-A import or export of rough diamonds, without the same if

submit accompanied by a valid certificate issued by the authority

competent of the SCPK, constitutes a customs crime of contraband, being punished with

prison sentence of 3 a to 8 years.

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2-In the same penalty intakes who to offer, puser for sale, sell, give or for any

title receive, purchase, transport, make transiting or illicitly detain diamonds in

gross, without the same being accompanied by the valid certificate issued

by the competent authority of the SCPK.

3-A attempt is punishable.

4-A The practice of crimes provided for in paragraphs 1 and 2 always determines the loss of diamonds

rough in favour of the State.

Article 26.

Counterorders

1-Constituts counterordinations:

a) The lack of the licence provided for in Article 4, punishable by fine of 5000 € to 25

EUR 000 or EUR 10000 to EUR 100000, depending on the economic operator

be a natural person or collective;

b) The non-communication of the circumstances laid down in Article 7 (2), punishable

with EUR 2500 to EUR 12500 or EUR 7500 to EUR 75000, depending on the

agent be a natural or a collective person;

c) The infringement of Article 12 (1), punishable by fine 2500 euro to 12500

euro or EUR 7500 to EUR 75000, depending on the agent is a natural person

or collective;

d) Exercise of the activity of expert-classifier-evaluator by whom not to meet

enabled with the professional title respect, in violation of the provisions of the article

13., punishable with fine of EUR 15000 to EUR 30000;

e) Exercise of the activity of expert-classifier-evaluator in violation of the willing

in any of the provisions of Article 14 (1 a) of Article 14, punishable by fine

from EUR 5500 to EUR 12500;

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f) Exercise of the activity of expert-classifier-evaluator in violation of the provisions of the

article 19, punishable with fine of EUR 20000 to EUR 25000;

g) Exercise of the activity of expert-classifier-evaluator, whose professional title

has been suspended or interdicted, pursuant to Art. 21 or paragraph 3 of the

present article, punishable with fine of EUR 20000 to EUR 50000;

h) Exercise of the activity of expert-classifier-evaluator in violation of the willing

in Article 22, punishable with fine of EUR 20000 to EUR 50000;

i) The ducts provided for in Article 25 (1) and 2, punishable by fine of 15000 a

EUR 75000, if the value of the missing tax benefit is equal to or less than 15

EUR 000 or, where the tax provision is not taking place, the goods object of the

infraction is of customs value equal to or less than 50000 euros, if penalty more

grave not to couber by force of another legal provision.

2-A counterordinance provided for in the paragraph i) of the preceding paragraph is punishable when committed to

title of negligence and always determines the loss of the rough diamonds in favour of the

State.

3-As a function of the severity of the infractions and the fault of the agent may be determined to

revocation of the licence of the economic operator, of the professional title of

expert-classifier-evaluator and the interdiction of the exercise of the activity for a period up to

Two years, as well as the loss of the rough diamonds in favour of the state.

Article 27.

Instruction of the processes and application of fines and ancillary sanctions

1-It is up to ASAE to institute and instruct the processes concerning the planned counterordinations

in the points a) a h) of paragraph 1 of the previous article, competing for the inspector general the application

of the respected fines and ancillary sanctions.

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2-Compete à AT to institute and instruct the processes and apply ancillary fines and sanctions

regarding the counterordinations provided for in the paragraph i) of paragraph 1 of the previous article.

Article 28.

Target of the product of the fines

1-The product of the fines referred to in points a ) a c) in Article 26 (1) reverses in:

a) 60% for the State;

b) 30% for the ASAE;

c) 10% for the DGAE.

2-The product of the fines referred to in points d ) a h ) of Article 26 (1) reverses in:

a) 60% for the State;

b) 25% for the ASAE;

c) 15% for the INCM.

3-The product of the fines referred to in para. i) of Article 26 (1) reverses in favour of AT.

Article 29.

Deposit and sale

1-The rough diamonds that have constituted object of counterordinance and which

have been apprehended are deposited in the General Deposit Box, S.A., owing

this to promote its sale in collaboration with AT and with observance of all the

legal conditionals.

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2-The rough diamonds referred to in the previous number that have been declared

lost in favour of the State are deposited in the General Box of Deposits, S.A.,

and the Directorate General of the Treasury and Finance shall promote its sale with

observance of all legal constraints.

3-The net proceeds from the sale of the rough diamonds lost in favour of the State is

distributed as follows:

a) 85% for the State;

b) 15% for the entity that has proceeded to its apprehension.

Article 30.

Applicable regime and subsidiary law

1-To the crimes provided for in Article 25, they shall apply, in a subsidiary, to the provisions of the

RGIT.

2-On the counterordinations provided for in points a) a h) of Article 26 (1), including what

complies with ancillary sanctions, the general regime of the illicit of mere ordinance applies

Social, constant of the Decree-Law No. 433/82 of October 27, amended by the Decrees-

Laws No 356/89, of October 17, 244/95, of September 14, and 323/2001, of 17 of

December, and by Law No. 109/2001, of December 24.

3-On the counterordinations provided for in the paragraph i) of Article 26 (1), including what

complies with ancillary sanctions, the RGIT applies.

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CHAPTER V

Supplementary and final provisions

Article 31.

Electrogenic single counter and dematerialization

1-Without prejudice to the provisions of articles 9 to 12, all communications, notifications and

requests, as well as the sending of documents, of applications or information in the

scope of this Law, they are carried out by means of the single counter, through the one-stop shop

electrolyte of the services referred to in Articles 5 and 6 of the Decree-Law No. 92/2010,

of July 26.

2-When, for reasons of unavailability of the one-stop shop and or of the remaining platforms

electrolytics, the fulfilment of the provisions of the preceding paragraph is not possible, the

transmission of the information in question can be effected via electro mail,

to a specific address created by the competent entity, or, when this is

unavailable, by other legally permissible means.

3-The applicant may request the dispensation of the submission of the documents in possession of

any national public administrative authority under the terms of ( d) of Article 5 para.

of Decree-Law No 92/2010 of July 26 and Article 28 of the Decree-Law

n. 135/99 of April 22, as amended by Decrees-Laws 29/2000 of March 13,

72-A/2010, of June 18, and 73/2014, of May 13.

4-The single-electrolytic counter must make information and data available in open formats,

that allow for reading by machine, pursuant to Law No. 36/2011 of June 21.

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5-For the purposes set out in Article 8, the number of the licence and the tax identification, the

name or firm of the economic operator and, dealing with a collective person, the address of the

headquarter are made available on the website of the DGAE, as well as through the system

of online survey of public information, provided for in Article 49 of the Decree-Law

n. 135/99 of April 22, as amended by Decrees-Laws 29/2000 of March 13,

72-A/2010, of June 18, and 73/2014, of May 13, in open formats, which

allow reading by machine, pursuant to Law No. 36/2011, of June 21.

6-A The list of the experts-classifiers-evaluators referred to in Article 20 shall be made available

through the online public information search system, in the terms provided for in the

previous number.

Article 32.

Import or export certificate

1-The model and the specifications of the certificate referred to in Article 9 (3) are listed in the

annexes I and IV to the Regulation.

2-A INCM has exclusive competence in the national territory for printing and selling

of the certificate.

Article 33.

Fees and regulation

1-By the issuance of the certificate referred to in Article 9 (3) is due a fee to be fixed by

would pore from the member of the Government responsible for the area of finance.

2-A AT assures the collection of the fees to which there is place at the time of issue of the

certificate, constituting the amount collected own revenue from AT and INCM, in the

ratio of 20% and 80%, respectively.

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3-The costs of issuance and validation of the certificate shall be borne by the importer or

exporter, under the terms and conditions to be fixed by porterie of the Member of the Government

responsible for the area of finance.

4-By the issuance of the professional title of expert-classifier-evaluator referred to in the article

13. is due a fee to be fixed by poration of the Member of the Government responsible for the

area of finance, which constitutes own revenue of INCM.

5-A achievement of the examination and proof of reassessment referred to in Articles 15 and 16 are

subject to the prior payment of a fee to be fixed by porterie of the member of the Government

responsible for the area of finance, which constitutes own revenue of INCM.

6-The minimum conditions of the civil liability insurance referred to in Article 22 shall be

fixed by portaria of the member of the Government responsible for the area of finance.

7-For the subjection of the import or export certificate under the terms of the

Article 23 (2) is the economic operator's respect subject to the payment of a

fee to be fixed by porterie of the Government member responsible for the area of finance,

which constitutes own revenue of INCM.

8-The technical conditions, the duration of time, the costs, as well as other requirements

specific moving of the deposit referred to in Article 29 (1), are fixed

by porterie of the member of the Government responsible for the area of finance.

Article 34.

Abrogation standard

The Decree-Law No. 139/91 of April 10 and the Regulatory Decree shall be repealed.

n ° 4/97 of February 21, in all that they have in a sense contrary to this Law.

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Article 35.

Entry into force and production of effects

This Law shall come into force on the 1's working day of the month following that of its publication,

producing effects with the publication, in the Official Journal of the European Union , of the amendment to the

Annex III of the Regulation, which approves the designation of the Union authority in Portugal.

Seen and approved in Council of Ministers of November 13, 2014

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs