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It is registered

in the Ministry of Justice

Ukraine

On April 30, 2003 No. 345/7666

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of April 9, 2003 No. 276

About approval of the Procedure for execution of accompanying documents and issuance of diamonds according to the certified scheme of the Kimberley process

In pursuance of the resolution of the Cabinet of Ministers of Ukraine of March 12, 2003 N307 "About Import to Customs Area of Ukraine and Export from Customs Area of Ukraine of Diamonds"

I ORDER:

1. Approve such which are applied:

Procedure for execution of accompanying documents and issuance of diamonds according to the certified scheme of the Kimberley process;

form of the certificate of the Kimberley process for diamonds which are exported from customs area of Ukraine.

2. Under the Ministry of Finance of Ukraine (Indutny V. V.) in accordance with the established procedure to provide to the state gemological center of Ukraine:

provision of this order on state registration in the Ministry of Justice of Ukraine;

publication of this order in the directory edition "Valuable and Decorative Stones of Ukraine".

3. To impose control of execution of this order on the deputy state secretary Makatsariya S. M.

 

Deputy. Minister of Finance of Ukraine F.O.Yaroshenko

Approved by the Order of the Ministry of Finance of Ukraine of April 9, 2003, No. 276

Procedure for execution of accompanying documents and issuance of diamonds according to the certified scheme of the Kimberley process

General provisions

1. This Procedure determines features of execution of accompanying documents on diamonds when moving them through customs border of Ukraine and issuance according to the international certified scheme of the Kimberley process.

General regulation of customs clearance and the address of diamonds are performed according to the current legislation in this sphere.

2. This Procedure concerns diamonds which join in goods items of UKT foreign trade activities 7102.10, 7102.21 and 7102.31.

3. In this Procedure terms and concepts are used in such value:

use of diamonds, transactions with diamonds - in the values given in the Law to Ukraine of 18.11.97 of N637/97-BP "About State Regulation of Production, Production and Use of Precious Metals and Gemstones and Control of Transactions with Them" (with changes and amendments);

primary country of source - the country where diamonds were mined from subsoil;

secondary country of source - the last country in link of export-import transactions from which territory the batch of diamonds is imported into Ukraine;

batch of diamonds - one or more crystals of diamond, packed together and moved through customs border of Ukraine according to one shipping document;

authorized body on import implementation - the organization authorized by state bodies of the country and the participant of the Kimberley process to draw up and control availability of certificates of the Kimberley process on diamonds which are imported on the territory of this country and to perform other actions for questions of implementation of requirements of the certified scheme of the Kimberley process;

body of export - the organization authorized by state bodies of the country and the participant of the Kimberley process to draw up and issue certificates of the Kimberley process on diamonds which are exported from the territory of this country;

the receiver (importer) - person addressed to whom import of diamonds to customs area of the country of destination is performed;

the sender (exporter) - person on behalf of whom export of diamonds from customs area of the country sender is performed;

the certificate of the Kimberley process (further - the Certificate) the special document of certain content which is issued by body of export and identifies batch of diamonds according to requirements of the certified scheme of the Kimberley process.

4. Import to customs area of Ukraine and export from customs area of Ukraine of diamonds and their customs clearance is allowed only on condition of availability of the Certificate which shall accompany each batch of diamonds.

5. Execution of Certificates and permission of other questions of introduction of requirements of the certified scheme of the Kimberley process in Ukraine performs the State gemological center of Ukraine (further GGTsU).

GGTsU creates and keeps the database on diamonds which are imported on customs area of Ukraine and are exported from customs area of Ukraine, carries out expert control of batches of diamonds and verification of foreign Certificates, resolves administrative matters of cooperation with participants of the Kimberley process, monitors changes in the list of the countries and participants of the Kimberley process, and also performs other functions of national authority of import export of diamonds according to the certified scheme of the Kimberley process.

Persons authorized in GGTsU to perform works on the certified scheme of the Kimberley process, are appointed the director of GGTsU and are effective according to regulations which affirm the order GGTsU in coordination with the Ministry of Finance of Ukraine.

6. Certificates and other documents based on which are performed accounting acceptance and transfer of diamonds, shall be stored by subjects of housekeeping within five years.

Import and issuance of diamonds

7. Execution of expert opinions of the State gemological center of Ukraine on diamonds which are imported on customs area of Ukraine is performed by authorized persons of GGTsU only in case of availability of Certificates which shall accompany the corresponding batches of diamonds.

In the absence of the Certificate the batch of diamonds is not subject to customs clearance.

The authorized persons of GGTsU which are carrying out necessary expert works and execution of accompanying documents can be involved both at the check point, and in customs control zones, including in the territories and in premises of the companies which store diamonds under customs control. Attraction is carried out at the initiative of the receiver (authorized person) who shall address to GGTsU with the corresponding request.

8. Includes expert works and document creation on batch of diamonds:

- check of all types of data concerning issue of the Certificate by the country and the participant of the Kimberley process;

- check of authenticity of the Certificate;

- check of diamonds on compliance of information specified in the Certificate and other accompanying documents.

Each batch of diamonds is drawn up separately.

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