Rough diamonds
- Document symbol
- G/LIC/N/3/SGP/20
- Original language
- English
- Published on
- 16/10/2024
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Singapore Customs maintains an import and export licensing system for rough diamonds, as per the Kimberley Process Certification Scheme (KPCS).
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The licensing system applies to rough diamonds.
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to products originating in and coming from all countries. As a participant of the KPCS, Singapore is only permitted to trade rough diamonds with fellow KPCS participants. Please refer to http://www.kimberleyprocess.com/ for a list of KPCS participants.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing system is not intended to restrict the quantity or value of imports, but to discharge Singapore's commitments under the KPCS.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The licensing system is maintained under the Regulation of Imports and Exports (Kimberley Process) Regulations. The licensing system is statutorily required and published in government gazettes. While Singapore Customs administers the licensing system, the designation of products to be licenced and the abolishment of the licensing system will require legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Licence to import and export rough diamonds are processed upon receipt of the completed application form and full set of supporting documents. A licence would not be required if the rough diamonds are in transit or transhipment through Singapore.
Q7.b. Can a licence be granted immediately on request?
Applications may be expedited, if licensing requirements are fulfilled.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations on the period of the year during which applications for licence may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of licence application and issuance of licence is effected by a single administrative body (i.e. Singapore Customs). The applicant does not have to approach more than one administrative body.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application for a licence is usually granted if it meets the stipulated criteria. Singapore Customs will generally provide the reason(s) in the event of a refusal to issue a licence. The applicant may appeal to Singapore Customs against a rejection of their application for a Kimberley Process licence.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Generally, all persons, registered firms and institutions are eligible to apply for licences and no registration fee is required.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The following information is required in licence applications: particulars of the applicant, information on their business profile, mode of transport, country/region of mining origin, provenance and destination, frequency of imports and exports, and the value of the rough diamonds.
Q11. What documents are required upon actual importation?
Upon actual importation, importers are required to make an Inward Declaration showing the correct description and quantities of each consignment made electronically through TradeNet. At the point of importation, the shipment, along with the shipping documents (e.g. Bill of Lading/Airway Bill and invoice), and a valid Kimberley Process certificate issued by the relevant overseas KPCS participant, should be presented to a checkpoint officer for clearance.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Annual fee for a Kimberley Process Licence is S$50.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There are no deposit or advance payment requirements associated with the issuance of the licence.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
An issued Kimberley Process Licence is valid until the end of the calendar year regardless of the date of application. The validity of these licences may be extended by renewal on an annual basis, subject to Singapore Customs' approval.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of licence or a portion of it.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The company to whom a Kimberley Process Licence has been issued, in relation to the importation and exportation of rough diamonds under the KPCS, shall abide by the following Terms and Conditions:
(a) To import and export rough diamonds only under a Kimberley Process Licence issued by the Director-General of Singapore Customs;
(b) To import and export rough diamonds from and to participants of the KPCS only;
(c) To allow Singapore Customs to submit import and export data with regard to the shipments declared under the KPCS in accordance with the provisions under Section V, Annex III of the Kimberley Process Core Document;
(d) To comply with Regulation 35F(1)(b) of the Regulation of Imports and Exports Regulations to keep all import and export documentation including copy of Kimberley Process certificates for a period not less than five years;
(e) To indicate the standard affirmative clause in all invoices to confirm that the shipment does not contain conflict diamonds;
(f) To export rough diamonds with the Kimberley Process Certificate issued by the Director-General of Singapore Customs;
(g) To comply with all Terms and Conditions as stated in the Kimberley Process Certificate for the export of rough diamonds.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from licensing and similar administrative procedures, required prior to importation and exportation of rough diamonds.