Export and Import of Rough Diamonds Act
S.C. 2002, c. 25
Assented to 2002-12-12
An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada’s obligations under the Kimberley Process
This enactment fulfils Canada’s undertaking to participate in the Kimberley Process, an international certification scheme that aims to break the link between armed conflict and the trade in rough diamonds.
The enactment permits exports of rough diamonds to be made only to countries participating in the Kimberley Process. It also requires exported and imported rough diamonds to be in prescribed, tamper-resistant containers and to be accompanied by a certificate from a participating country attesting that they have been handled in accordance with the Kimberley Process.
WHEREAS the Kimberley Process establishes minimum requirements for an international scheme of certification for rough diamonds with a view to breaking the link between armed conflict and the trade in rough diamonds;
AND WHEREAS Canada is a participant in the Kimberley Process;
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2. The following definitions apply in this Act.
« certificat canadien »
“Canadian Certificate” means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a).
« en transit »
“in transit”, in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada.
« Processus de Kimberley »
“Kimberley Process” means the international understanding among participants that was recognized by Resolution 55/56 adopted by the General Assembly of the United Nations on December 1, 2000, as that understanding is amended from time to time.
“Kimberley Process Certificate”
« certificat du Processus de Kimberley »
“Kimberley Process Certificate” means a document, issued by a participant, that certifies that rough diamonds for export or import or in transit have been handled in a manner that meets the minimum requirements of the Kimberley Process.
« ministre »
“Minister” means the Minister of Natural Resources.
« participant »
“participant” means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule.
“resident of Canada”
« résident du Canada »
“resident of Canada” means an individual who ordinarily resides in Canada or a corporation that has its head office, or operates a branch office, in Canada.
« diamant brut »
“rough diamond” means a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff.
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