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8. EVALUATION OF THE
BELGIAN
GOVERNMENT AND DIAMOND INDUSTRY EFFORTS BY THE UNITED
NATIONS
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“17.
Welcomes the steps announced by the Government of Belgium on 3 March
2000 in support of the more effective implementation of the measures
contained in resolution 1173 (1998), welcomes also the establishment by
the Government of Belgium of an inter-ministerial task force to curb
sanctions violations, further welcomes the measures taken by the Diamond
High Council, in conjunction with the Government of Angola, to render
sanctions more effective, invites the Government of Belgium and the
Diamond High Council to continue to cooperate with the
Committee to devise practical measures to limit access by UNITA
to the legitimate diamond market and welcomes their public affirmations
in this regard, and further invites other States hosting diamond
markets, as well as other States closely involved with the diamond
industry, also to cooperate with the Committee to devise practical
measures to the same end and to inform the Committee of measures taken
in this regard;”
UN
Security Council Resolution S/RES/1306 (2000) on Sierra Leone
(05.07.2000)
“Welcoming
the ongoing efforts by interested States, the International Diamond
Manufacturers Association, the World Federation of Diamond Bourses, the
Diamond High Council, other representatives of the diamond industry and
non-governmental experts to improve the transparency of the
international diamond trade, and encouraging further action in this
regard.
Emphasizing
that the legitimate diamond trade if of great economic importance for
many States, and can make a positive contribution to prosperity and
stability and to the reconstruction of many countries emerging from
conflict, and emphasizing further that nothing in this resolution is
intended to undermine the legitimate diamond trade, and encouraging
further action in this regard.(…)
10.
Encourages the International Diamond Manufacturers Association, the
World Federation of Diamond Bourses, the Diamond High Council and all
other representatives of the diamond industry to work with the
Government of Sierra Leone and the Committee to develop methods and
working practices facilitate the effective implementation of this
diamonds.”
Final
Report of the Monitoring Mechanism on Angola Sanctions
S/2000/1225 (21.12.2000)
“X.
Sanctions on diamond trading and financial assets
195. In our two visits to Belgium, we held
talks with the Ministry of Economic Affairs, the Diamond Office, the
Diamond High Council and the Ministry of Foreign Affairs. It was clear
that all the bodies concerned are taking considerable care to implement
the United Nations sanctions. The Government of Belgium has informed the
Mechanism that they are continuing to examine the possibility of
introducing a law enabling the prosecution of Belgian nationals for
crimes committed outside the Belgian territory. An inter-cabinet task
force works in the diamond sector to increase transparency within the
sector and to exchange information on problematic areas. Considerable
analysis has been carried out on imports from countries whose production
may be contaminated with UNITA diamonds.
196.
The diamond trading centre of Antwerp imported rough diamonds worth $10
billion in 1999. All diamonds enter the Diamond Office and the parcels
are checked for conformity to import procedures. At the Diamond Office,
a “watchlist” for diamonds is now in place, which lists 15
“sensitive” African countries whose diamonds might include those
produced by UNITA or the Revolutionary United Front of Sierra Leone
(RUF). The Diamond Office keeps detailed information on imports of these
“sensitive” diamonds into Antwerp. These and other suspect parcels,
those whose country of origin is in doubt, or which do not match the
declarations made on the parcel, are examined by Customs on receipt.
Parcels of diamonds of mixed or unknown country of origin cannot be
sourced, of course; these accounted for less than 30 per cent of the
trade in a five-month study carried out by the Diamond Office. Such
parcels are also coming under closer scrutiny. As far as possible,
dealers have to declare the country of origin of their stones.
197.
Loopholes still exist, however, some beyond the control of any single
Government. Dealers who are prepared to buy rough diamonds from UNITA
have several options: they can smuggle goods into cutting centres; or
they can seek to import through less scrutinized routes, either cutting
centres or countries with lower levels of control, or through tax
havens. For example, once diamonds are imported into the European Union,
they do not require an import license into Belgium, only a statistical
report of import/export. There are substantial imports into Belgium from
European Union countries, including the United Kingdom, the largest
single importer, which imported diamonds valued at $2.55 billion by
mid-2000. Other European Union countries import rough diamonds into
Belgium, though on a much smaller scale. The Mechanism has learned that
diamonds from Angola have been smuggled into Portugal, for example,
although whether these originate with UNITA is not known. Open markets
make the task of laundering diamonds easier, as does the trade through
tax havens.”
XI. Recommandations on diamonds and finance
235.
Member States should consider implementing the certificate of origin
scheme with the minimum of delay. Those countries that lack the
technical resources to implement the system should be aided in setting
it in place. This will both protect the legitimate industry and begin to
clarify the problem of illicit diamonds.
236. The certificate of origin system should
be supported by the licensing of diamond buyers, so that diamond
purchases can be more closely tracked from mining region to market. The
ASCorp system of controls could be considered a model of how this can be
done, and should be monitored for its effectiveness. We further suggest
that the World Diamond Council could be involved in setting up such a
system, so that diamond buyers and dealers credentials are standardized
worldwide.
237. The relevant Ministries of
diamond-producing countries should profile the production from their
mines, recording the characteristics of diamonds from each mine in
detail. Such a record would enable parcels of diamonds whose origin is
disputed to be checked by comparison with available data with a greater
degree of certainty than is currently the case. This is particularly
urgent in the case of alluvial diamonds.
238. Diamond centres should standardize their statistics and customs codes as a matter of urgency, to enable monitoring of the movement of illicit or conflict diamonds by the authorities. Diamond offices may wish to consider convening a conference to examine this question at the earliest opportunity and to examine the Belgian system.”
Report
of the Panel of Experts concerning Sierra Leone S/2000/1195 (20.12.2000)
“IX.. RECOMMENDATIONS ON DIAMONDS
156.
In order to better regulate the flow of rough diamonds from
producing countries, a global certification scheme based on the system
now adopted in Sierra Leone is imperative. It will give added impetus to
current discussions on this subject if the Security Council endorses the
concept of a global certification system.
157.
In the short run, and in the absence of a global system, it is
recommended that certification systems similar to that adopted by Sierra
Leone, be required of all diamond exporting countries in West Africa,
with special and immediate reference to Guinea and Côte D’Ivoire, as
a protective measure for their indigenous industries and to prevent
their exposure to conflict diamonds. If this has not been completed
within a period of six months, the Security Council should impose an
international embargo on diamonds from these countries.
158.
The Panel further recommends a complete embargo on all diamonds
from Liberia until Liberia demonstrates convincingly that it is no
longer involved in the trafficking of arms to, or diamonds from, Sierra
Leone. The embargo should not be lifted until this condition has been
met, and until Liberia too has joined the proposed standardized
certification system.
159.
The Security Council should place an immediate embargo on trade
in all so-called Gambian diamonds until such time as its export of
diamonds can be reconciled with imports.
160.
Other diamond exporting countries in the region have been
designated by the Belgian government as ‘sensitive’ countries, where
special attention to imports is required. In addition to the three
countries suffering directly from conflict diamonds and those mentioned
above, these include Uganda, Central African Republic, Ghana, Namibia,
The Congo Brazzaville, Mali, Zambia and Burkina Faso. This list is
commended to other major importing countries, including Switzerland,
South Africa, India, Israel, the United Kingdom and the United States.
Invoices from these countries need to be thoroughly checked, and where
there is doubt about either provenance or origin, parcels should be
seized until the authorities have checked the facts. Delays in
processing will increase the cost of doing business and will encourage
better paper work. Forfeiture of improperly labelled goods will
discourage the habit decisively
161.
Urgent attention should be given to extending a Sierra
Leone-style certification system to these countries as soon as possible.
162.
The United Nations, the World Diamond Council and the import
control authorities of all rough diamond importing countries should be
vigilant for other exporting countries, or for countries in the future,
where trade in diamonds has little to do with domestic production or
legitimate trading.
163.
It is essential, and a matter of urgency, that major trading
centres (Belgium, the United Kingdom, Switzerland, South Africa, India,
the United States and Israel) come to a common agreement on the
recording and public documentation of rough diamond imports that is
consistent from one country to another, and that clearly designates the
country of origin in addition to country of provenance.
164.
An annual statistical production report should be compiled by
each exporting country and gathered into a central annual report,
compiled by the World Diamond Council and/or by the certification body
that is expected to emerge from the ‘Kimberly Process’ of
intergovernmental negotiation.
Countries of origin must be distinguished from countries of
provenance.”