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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
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Rough Diamonds

Enforcement

The Trade and Industry Department works closely with the Customs and Excise Department to enforce the implementation of the Certification Scheme in Hong Kong. Legal and/or administrative actions will be taken against any traders concerned in the event that any conditions of issue/certifications conditions or certification requirements are not fulfilled. Any person who carries on a business of importing, exporting, buying, selling or carrying other than a person falling under paragraph (1A) of Regulations 6DB of the Import and Export (General) Regulations (Cap.60, subsidiary legislation A) Note) rough diamonds without a valid registration with the Trade and Industry Department commits an offence and will be liable on conviction to a fine of HK$100,000 and imprisonment for 1 year. A registered rough diamond trader who contravenes the record-keeping requirements will be liable on conviction to a fine of HK$200,000 and to imprisonment for 1 year. A person who imports rough diamonds from, or exports rough diamonds to, a country or place other than a specified country or place; who imports/exports rough diamonds without a valid Kimberley Process Certificate (Import)/a valid Kimberley Process Certificate (Export) or not in accordance with any of the conditions for the issue of the Certificate/any other certification conditions imposed by the Director-General of Trade and Industry, will be liable on conviction to a fine of HK$500,000 and to imprisonment for 2 years.

To ensure that the conditions of rough diamonds transhipment exemption are complied with, documentation checks on books and records and manifests as well as physical checks on rough diamond consignments and visits to the premises of registrants will be carried out by authorized officers of the two Departments. Trade and Industry Department takes a serious view on traders breaching any of the conditions of exemption. A registered rough diamond trader who contravenes or fails to comply with any of the conditions of exemption, commits an offence and is liable on conviction to a maximum fine of HK$500,000 and to imprisonment for 2 years. The Director-General of Trade and Industry may also by notice in writing revoke or suspend any exemption granted to the trader or may amend any condition.

For further information on enforcement, please click here.