Exemptions

Exemptions

Exemptions from Kimberley Process Certification (Import/Export) Requirement

Article in Transit or Air Transhipment Cargo

Kimberley Process (KP) Certificate (Import) and KP Certificate (Export) will not be required in respect of a consignment of rough diamonds in transit or as air transhipment cargo, provided that the rough diamonds are sealed in a container, the container has not been tampered with, and the seals on the container remain intact. However, the person handling such consignment still has to register as a rough diamond trader unless the relevant registration requirement under the law does not apply to that person. Please click here.

Transhipment by Other Modes

Transhipment1of rough diamonds by other modes (other than air transhipment cargo) covered by through bill of lading or through air waybill may be exempted from certification requirements, provided that the handlers (except persons falling under paragraph (1A) of Regulation 6DB of the Import and Export (General) Regulations (Cap. 60A) 2) have been registered with the Trade and Industry Department as rough diamonds traders, have applied for transhipment exemption and comply with the Conditions of Exemption. Among other things, the rough diamonds are required to be sealed in a container, the container has not been tampered with, and the seals on the container remain intact. The handlers must file a monthly notification on consignment transhipped with the Trade and Industry Department. Please click here for a sample of the return.

Persons who carry on a business of carrying rough diamonds and fall under paragraph (1A) of Regulation 6DB of the Import and Export (General) Regulations (Cap. 60A)2 may also enjoy exemption from the KP import and export certification requirements for transhipment of rough diamonds by other modes (other than air transhipment cargo) covered by through bill of lading or through air waybill provided that they have been registered under the Transhipment Cargo Exemption Scheme (TCES) and comply with the conditions of exemption for transhipment of rough diamonds under the TCES.

1
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.
2

Such a person refers to 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) 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 (section 10(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)).
2025-03-21
39198
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