Rough Diamond Trader Registration Circular

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : GL 250 

22 April 2006

Dear Sirs,

Rough Diamond Trader Registration Circular No. 2/2006

Kimberley Process Certification Scheme for Rough Diamonds in Hong Kong :
 Refund to Owners of Vessel/Aircraft/Vehicle Following Lifting of their Registration 
Requirement and Inclusion of Rough Diamonds under the Transhipment 
Cargo Exemption Scheme

I. INTRODUCTION

The Department issued Rough Diamond Trader Registration Circular No. 1/2006
(http://www.tid.gov.hk/english/aboutus/tradecircular/rdtr/2006/rdtr012006. html)
on 10 March 2006 to inform the trade among others of the lifting of registration requirement on owners of vessel/aircraft/vehicle who are also carriers of rough diamonds, with effect from 15 May 2006. This circular informs owners in advance of the procedures for making applications for refund and the detailed arrangements for inclusion of rough diamonds under the Transhipment Cargo Exemption Scheme.

II. DETAILS

2. With effect from 15 May 2006, the Government will lift the rough diamond trader registration requirement on an "owner of a vessel, aircraft or vehicle" ("owner") as defined in section 2 of the Import and Export Ordinance ("the Ordinance") (Cap. 60 of the Laws of Hong Kong)¹ who only carries on a business of carrying rough diamonds and does not carry on a business of importing, exporting, buying or selling rough diamonds. Such an owner has to fulfil the following obligations under the Ordinance when rough diamonds are imported or exported on his vessel, aircraft or vehicle -

1. not to release rough diamonds imported unless there is a valid import licence , i.e., KP Certificate (Import), for the shipment (section 7(1));
2. not to accept rough diamonds for export unless there is a valid export licence, i.e., KP Certificate (Export), for the shipment (section10(1)(a));
3. to deliver to the Director-General of Trade and Industry (DGTI) the import licence, i.e., KP Certificate (Import), for the shipment together with the manifest of the vessel, aircraft or vehicle on which the goods were imported (section 8(2)(b)); and
4. to deliver to DGTI the export licence, i.e. KP Certificate (Export), for the shipment together with the manifest of the vessel, aircraft or vehicle on which the goods were exported (section 11(2)(b)).

3. Eligible owners as mentioned above can, starting from 15 May 2006, apply for refund of the initial registration or registration renewal fees from DGTI for the part of services not yet rendered by the Government. The application form for refund is at Annex 1(pdf format) . The duly completed application form, together with the required supporting documents, can be returned to the Non-Textiles Licensing Unit of the Trade and Industry Department (12/F, Trade and Industry Department Tower, 700 Nathan Road, Kowloon) for processing. If the application is in order, the process of refund can normally be completed within 14 working days from the date of receipt of the application (Saturday not counted as a working day). After the making of refund, DGTI will remove the name of the owner from the register of rough diamond traders and send a notice to the applicant informing him that his name has been so removed. Eligible owners may refer to paragraph 10(a)-(b) of Rough Diamond Trader Registration Circular No. 1/2006 for the arrangements for calculating the amount of refund.

Inclusion of Rough Diamonds under the Transhipment Cargo Exemption Scheme (TCES)

4. To enable owners-cum-carriers under paragraph 2 above to continue to enjoy exemption from the KP import and export certification requirements for transhipment² of rough diamonds by other modes (other than air transhipment cargo) covered by through bill of lading or through air waybill following the lifting of their registration requirement, we shall include "rough diamonds" under the existing TCES with effect from 15 May 2006. Owners handling transhipment of rough diamonds will no longer have to register for Rough Diamonds Transhipment Exemption. Instead, they will only need to register under the TCES and comply with the conditions of exemption for transhipment of rough diamonds under the TCES (Annex 2 ). Owners- cum-carriers who wish to register under the TCES may contact the Manifest Checking Unit of the Trade and Industry Department (Room 409, 4/F, Trade and Industry Department Tower, 700 Nathan Road, Kowloon; telephone no. : 2398 5565 or 2398 5634) for the detailed procedures. Eligible owners-cum-carriers handling transhipment of rough diamonds and who are existing TCES registrants need not re-register. They will only have to comply with the conditions of exemption at Annex 2 .

III. ENQUIRIES

5. If you have any enquiry on the content of this circular, please contact the following :

Yours faithfully,

 

(Miss Susanna Suen)
for Director-General of Trade and Industry

¹Under this section, an owner, in respect of a vessel, aircraft or vehicle, means -
(a) the registered owner and any person holding himself out to be the owner thereof;
(b) any person acting as agent for the owner in connexion with the handling of cargo carried in or on the vessel, aircraft or vehicle;
(c) any person to whom the vessel, aircraft or vehicle has been chartered or hired; and
(d) any person having for the time being the control or management of the vessel, aircraft or vehicle.

² Under the Import and Export Ordinance (Cap. 60), transhipment cargo means any imported article that (a) is consigned on a through bill of lading or a through air waybill from a place outside Hong Kong to another place outside Hong Kong; and (b) is or is to be removed from the vessel, aircraft or vehicle in which it was imported and either returned to the same vessel, aircraft or vehicle or transferred to another vessel, aircraft or vehicle before being exported, whether it is or is to be transferred directly between such vessels, aircraft or vehicles or whether it is to be landed in Hong Kong after its importation and stored, pending exportation.