Statute Details
- Title: Regulation of Imports and Exports (Kimberley Process) Regulations
- Act Code: RIEA1995-RG8
- Legislative Type: Subsidiary legislation (sl)
- Authorising Act: Regulation of Imports and Exports Act (Chapter 272A, Section 3)
- Citation: Regulation of Imports and Exports (Kimberley Process) Regulations (Rg 8)
- Gazette / Instrument: G.N. No. S 80/2004
- Revised Edition: 2004 RevEd (30 September 2004)
- Status: Current version as at 27 March 2026
- Commencement Date: Not specified in the extract provided (noting the 2004 RevEd date and first April 2004 reference shown in the document)
- Key Provisions (highlights): Definitions (reg 2); licensing (regs 3–5); export controls (regs 6–9); import controls (regs 10–12); enforcement (reg 13); penalties (reg 14); relationship with general import/export rules (reg 15)
What Is This Legislation About?
The Regulation of Imports and Exports (Kimberley Process) Regulations (“KP Regulations”) implement Singapore’s obligations under the Kimberley Process, an international scheme designed to prevent “conflict diamonds” (rough diamonds used to finance armed conflict) from entering legitimate trade. In practical terms, the Regulations create a licensing and documentation regime for the export and import of rough diamonds, and they impose security and reporting requirements at the point of customs clearance.
In plain language, the law says: if you want to export or import rough diamonds into or out of Singapore, you must (i) hold the required licence, (ii) use the correct Kimberley Process certificates, (iii) ensure the shipment is sealed and secure, and (iv) present the shipment and certificate to customs officers. The Regulations also address transit and transhipment, allowing diamonds to move through Singapore only if they remain sealed and leave in the same condition.
The scope is deliberately narrow: it applies to “rough diamonds” as defined by reference to specific HS codes listed in the Customs (Duties) Order. It does not regulate polished diamonds or other diamond forms directly; rather, it targets the stage of the supply chain most associated with the risk of laundering conflict diamonds—unsorted, unworked, or minimally processed stones.
What Are the Key Provisions?
1. Definitions and the regulated product (reg 2)
The Regulations define the “Kimberley Process” and the relevant certificates. A “Kimberley Process Certificate” is issued by a “Participant” (a country or territory participating in the Kimberley Process) and certifies that rough diamonds for export or import were handled in a manner meeting minimum Kimberley Process requirements. The Regulations also define “Singapore Certificate” as a Kimberley Process Certificate issued by Singapore’s Director-General under the Regulations. Most importantly for practitioners, “rough diamond” is defined by both description (unsorted, unworked, or simply sawn/cleaved/bruted) and by specific HS codes: 7102.10.00, 7102.21.00, and 7102.31.00.
2. Licensing requirement for export and import (regs 3–5)
Regulation 3 establishes a baseline prohibition: no person may export or import rough diamonds except under a licence issued by the Director-General. A contravention is an offence. This is a strict gatekeeping mechanism: even if a trader has Kimberley Process documentation, the absence of a Singapore licence is itself unlawful.
Regulation 4 sets out how to apply for a licence: applications must be made to the Director-General, in the form and manner determined by the Director-General, and accompanied by the prescribed fee. Applicants must provide documents or information the Director-General may require in a particular case. The Director-General has discretion to issue the licence subject to conditions, and those conditions can be varied or new conditions imposed. Breaching any licence condition is an offence. Licences expire on 31 December of the year they are issued and may be renewed annually (subject to regulation 5).
Regulation 5 provides that the Director-General may revoke a licence at any time without assigning any reason. For compliance planning, this is significant: licensees should treat licensing as conditional and maintain readiness for regulatory changes, including ensuring internal controls and documentation practices can withstand sudden revocation or tightened conditions.
3. Export controls: Singapore Certificate, destination, and sealed containers (reg 6)
Regulation 6 prohibits a licensee from exporting rough diamonds except under specific conditions. The export must be: (a) under a Singapore Certificate; (b) to a “Participant”; and (c) in a container that is capable of being locked, sealed, or otherwise secured, with security features not tampered with upon export from Singapore. The offence trigger is contravention of these requirements.
These elements matter in practice. First, the “Singapore Certificate” requirement ensures that Singapore’s export is tied to the Kimberley Process chain of custody. Second, exporting only to Participants reduces the risk of diamonds entering jurisdictions not participating in the scheme. Third, the container security requirement operationalises traceability: tampering with locks or seals undermines the integrity of the certificate and the shipment’s identity.
4. Application and revocation of Singapore Certificates (regs 7–8)
Regulation 7 governs applications for a Singapore Certificate by a licensee. The application must be made to the Director-General, in the prescribed form and manner, and accompanied by the prescribed fee. The licensee must provide documents or information required in the particular case. The Director-General may issue the certificate at discretion, subject to conditions, and may vary or revoke conditions. Breach of any condition of the Singapore Certificate is an offence.
Regulation 8 allows the Director-General to revoke a Singapore Certificate at any time without assigning any reason. This creates a compliance risk for exporters: even after a certificate is issued, it may be withdrawn. Traders should therefore implement operational controls to confirm certificate validity close to shipment and to manage contingencies if revocation occurs.
5. Customs presentation and reporting duties (regs 9 and 11)
Regulation 9 requires that every person who exports rough diamonds present the shipment, together with the relevant Singapore Certificate, to a proper officer of customs at the customs station at the point of export. Regulation 11 imposes a parallel duty for imports: every person who imports rough diamonds must present the shipment together with a Kimberley Process Certificate to a proper officer of customs at the point of import.
Notably, these duties apply to “every person” exporting or importing, not only licensees. This drafting choice is important for corporate practice: freight forwarders, logistics providers, and individuals involved in customs clearance may need to ensure the shipment and certificate are presented correctly, even if they are not the licence holder.
6. Import controls: Kimberley Process Certificate integrity and sealed containers (reg 10)
Regulation 10 prohibits a licensee from importing rough diamonds except under two main conditions. First, the import must be under a Kimberley Process Certificate that (i) was issued by a Participant; (ii) has not been revoked by the Participant; and (iii) contains information accurately reflecting the shipment details. Second, the shipment must be in a secure container with security features not tampered with upon import into Singapore.
This provision is more than a documentation requirement. It embeds a substantive accuracy and validity check: the certificate must not be revoked by the issuing Participant and must accurately reflect shipment details. Practitioners should treat this as requiring diligence—e.g., verifying certificate details against shipping documents and ensuring seals are intact on arrival.
7. Transit and transhipment (reg 12)
Regulation 12 addresses diamonds imported into Singapore in transit or on transhipment. The person must, upon importation, lock, seal, or otherwise secure the shipment in the manner required by a proper officer of customs or as directed by the Director-General. The person must also ensure the shipment leaves Singapore in an identical state as when it entered Singapore. Contravention is an offence.
This is a key provision for traders using Singapore as a logistics hub. It effectively requires “no-change” custody: the shipment must remain sealed and unaltered, and any handling must comply with customs directions.
8. Enforcement: seizure or return (reg 13)
Where export or import is in contravention of regulation 6, 10, or 12, an authorised officer may either seize the shipment or order the return of the shipment. The return destination depends on the contravention: for regulation 6 (export), return to the exporter; for regulation 10 or 12 (import or transit/transhipment), return to the importer’s supplier (the person from whom the shipment was imported into Singapore).
This gives enforcement discretion and creates practical consequences beyond prosecution. Even where parties intend to cure defects, seizure or return may disrupt commercial timelines and increase costs.
9. Penalties (reg 14)
The penalty regime provides escalating consequences. On a first conviction, the fine is not exceeding $100,000 or three times the value of the rough diamonds (whichever is greater), or imprisonment up to 2 years, or both. On a second or subsequent conviction, the fine increases to not exceeding $200,000 or four times the value (whichever is greater), or imprisonment up to 3 years, or both.
For compliance counsel, the “value of the rough diamonds” multiplier is a major risk driver. It incentivises accurate valuation and careful documentation, and it underscores that the law treats Kimberley Process breaches as potentially serious offences.
10. Relationship with general import/export rules (reg 15)
Regulation 15 clarifies that the KP Regulations are “in addition to, and not in derogation of” the Regulation of Imports and Exports Regulations (Rg 1). This means the Kimberley Process regime operates alongside the general import/export regulatory framework, rather than replacing it.
How Is This Legislation Structured?
The Regulations are structured as a compact set of operational rules, beginning with definitions (reg 2) and then moving through a licensing pathway (regs 3–5). They then establish export-specific requirements (regs 6–9), followed by import-specific requirements (regs 10–11). Transit/transhipment is addressed in a dedicated provision (reg 12). Enforcement and consequences are covered by seizure/return (reg 13) and penalties (reg 14). Finally, reg 15 confirms the Regulations’ relationship to the broader import/export regulatory regime.
Who Does This Legislation Apply To?
The licensing obligations in regulation 3 apply to “any person” seeking to export or import rough diamonds—meaning the prohibition is not limited to companies or traders; it can apply to individuals and entities acting in any capacity. However, the detailed export and import restrictions in regulations 6 and 10 are framed around “licensees,” i.e., persons holding a valid licence under regulation 4.
Separately, customs presentation duties in regulations 9 and 11 apply to “every person” who exports or imports, and transit handling duties in regulation 12 apply to the person importing rough diamonds in transit or on transhipment. This broader drafting means that compliance should extend beyond the licence holder to those responsible for shipping, customs clearance, and custody of sealed containers.
Why Is This Legislation Important?
The KP Regulations are important because they operationalise Singapore’s role in the Kimberley Process and create enforceable controls that protect the integrity of diamond trade. For practitioners, the Regulations are not merely administrative: they impose strict prohibitions, require specific certificates, mandate secure packaging, and attach criminal liability to contraventions.
From a risk management perspective, the most consequential features are: (i) the licensing gatekeeping requirement (reg 3), (ii) the certificate integrity and validity requirements for imports (reg 10), (iii) the “no tampering” container security rules for both export and import (regs 6 and 10), (iv) the transit “identical state” requirement (reg 12), and (v) enforcement powers to seize or order return (reg 13). The penalty structure in reg 14 further elevates the stakes, particularly due to fines linked to the value of the diamonds.
Practically, counsel advising diamond traders, logistics providers, and customs brokers should ensure that internal compliance systems cover: licence maintenance and renewal, certificate verification (including checking revocation status by Participants), seal integrity procedures, accurate matching of certificate information to shipment details, and documented customs presentation at the correct stations. Because the Director-General can revoke licences and certificates without assigning reasons (regs 5 and 8), contingency planning and rapid response protocols are also essential.
Related Legislation
- Regulation of Imports and Exports Act (Chapter 272A): Authorising Act (Section 3)
- Regulation of Imports and Exports Regulations (Rg 1): General import/export regulatory framework (reg 15 confirms the KP Regulations operate in addition to, and not in derogation of, Rg 1)
- Exports Act: Mentioned in the provided metadata as related legislation
Source Documents
This article provides an overview of the Regulation of Imports and Exports (Kimberley Process) Regulations for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.