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 (per extract)
- Key Provisions (as provided): Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15
What Is This Legislation About?
The Regulation of Imports and Exports (Kimberley Process) Regulations (“KP Regulations”) implement Singapore’s domestic controls for the international Kimberley Process Certification Scheme. In plain terms, the Regulations create a licensing and documentation regime for the import and export of “rough diamonds” to ensure that diamonds traded across borders are handled in a way that meets the Kimberley Process minimum requirements.
The Kimberley Process is an international understanding among participating countries (“Participants”) designed to prevent “conflict diamonds” from entering the legitimate supply chain. Singapore’s approach, reflected in these Regulations, is to require (i) licences to export or import rough diamonds, (ii) shipment-by-shipment certificates, and (iii) secure packaging and customs presentation. The Regulations also provide enforcement powers, including seizure and orders to return shipments, and impose criminal penalties for contraventions.
Although the Regulations are relatively short, they are operationally significant: they govern the end-to-end compliance workflow for rough diamond traders—application for licences, issuance and revocation of certificates, customs reporting, transit/transhipment controls, and consequences for non-compliance.
What Are the Key Provisions?
1. Definitions and the scope of “rough diamonds” (Regulation 2)
The Regulations define key terms such as “Kimberley Process,” “Kimberley Process Certificate,” “Singapore Certificate,” “Participant,” and “licensee.” Most importantly for practitioners, “rough diamond” is defined by reference to both description and HS codes. It covers diamonds that are unsorted, unworked, or simply sawn, cleaved or bruted, and that fall under HS Codes 7102.10.00, 7102.21.00, or 7102.31.00 specified in the First Schedule to the Customs (Duties) Order (Cap. 70, O 4).
This definition is the gateway to the entire regime. If a shipment does not fall within the defined HS codes and description, the KP licensing/certification obligations may not apply. Conversely, if it does, compliance becomes mandatory.
2. Licensing requirement for export and import (Regulation 3)
Regulation 3 establishes the baseline prohibition: no person shall export or import rough diamonds except under a licence issued by the Director-General. Any person who contravenes this prohibition commits an offence. This is a strict threshold requirement—commercial arrangements or contractual obligations are irrelevant if the statutory licence is absent.
3. Licence application, conditions, renewal, and revocation (Regulation 4 and 5)
Regulation 4 sets out the licensing process. Applications must be made to the Director-General in the prescribed form/manner and accompanied by the prescribed fee. Applicants must provide documents or information the Director-General may require in any particular case. The Director-General has discretion to issue a licence subject to conditions “as he thinks fit.”
Two practical points matter for counsel advising clients:
- Conditions and breach: Licensees must comply with licence conditions; breach is an offence.
- Expiry and renewal: Licences expire on 31 December of the year issued and may be renewed annually (subject to Regulation 5).
- Variation and revocation: The Director-General may vary or revoke conditions at any time, and Regulation 5 allows revocation of a licence at any time without assigning any reason.
The “without assigning any reason” language is a strong administrative discretion clause. In practice, it means that licence holders should maintain robust compliance systems and be prepared for sudden regulatory action.
4. Export controls: Singapore Certificate, destination, and secure containers (Regulation 6)
Even with a licence, export is not free-standing. Regulation 6 prohibits a licensee from exporting rough diamonds except under specified conditions:
- (a) Under a Singapore Certificate for that shipment;
- (b) To a Participant (i.e., the destination must be a Kimberley Process Participant); and
- (c) In a container that is capable of being locked, sealed or otherwise secured, and whose security features are not tampered with upon export out of Singapore.
Any contravention is an offence. This provision links documentary compliance (Singapore Certificate) with physical security (tamper-evident container integrity) and destination eligibility (Participant status).
5. Singapore Certificate issuance and revocation (Regulations 7 and 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/manner, with the prescribed fee, and supported by documents/information the Director-General may require. The Director-General may issue the certificate subject to conditions he thinks fit. Breach of any condition of the Singapore Certificate is an offence.
Regulation 8 provides that the Director-General may revoke a Singapore Certificate at any time without assigning any reason. For traders, this creates a compliance risk that must be managed operationally: shipments should not be dispatched unless the certificate is valid and conditions are satisfied, and internal processes should track certificate status and any revocation notices.
6. Customs presentation for exports and imports (Regulations 9 and 11)
Regulation 9 requires that every person who exports rough diamonds present the shipment together with the Singapore Certificate to a proper officer of customs at the customs station at the point of export. Contravention is an offence.
Similarly, Regulation 11 requires that every person who imports rough diamonds present the shipment together with the Kimberley Process Certificate to a proper officer of customs at the customs station at the point of import. Again, contravention is an offence. These provisions are critical for practice because they define the compliance moment: the shipment must be presented with the correct certificate at the correct customs point.
7. Import controls: Kimberley Process Certificate validity and container security (Regulation 10)
Regulation 10 prohibits a licensee from importing rough diamonds except where:
- (a) 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 shipment details; and
- (b) In a secure container whose lock/seal/security features are not tampered with upon import into Singapore.
This is a detailed compliance standard. It is not enough to have a certificate; it must be valid (not revoked), issued by a Participant, and internally consistent with the shipment details. Practitioners should therefore ensure document verification procedures (including certificate status checks and reconciliation of shipment details) are in place.
8. Transit and transhipment controls (Regulation 12)
Regulation 12 addresses rough diamonds imported into Singapore in transit or on transhipment. The person must (a) 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; and (b) ensure the shipment leaves Singapore in an identical state as when it entered Singapore. Contravention is an offence.
This provision is particularly relevant for logistics providers and traders using Singapore as a hub. “Identical state” implies no substitution, reconfiguration, or security compromise during the transit window.
9. Enforcement: seizure or return of shipments (Regulation 13)
Where an export or import is in contravention of Regulation 6, 10 or 12, an authorised officer may either (a) seize the shipment, or (b) order the return of the shipment to the relevant party—exporter (for Regulation 6 contraventions) or importer/supplier (for Regulation 10 or 12 contraventions).
This gives enforcement discretion and creates immediate operational consequences. Counsel should advise clients to anticipate potential delays and costs associated with seizure/return, and to ensure that shipping documentation and container security are audit-ready.
10. Criminal penalties (Regulation 14)
Offences under the Regulations attract escalating penalties. On a first conviction, liability may be a fine not exceeding $100,000 or three times the value of the rough diamonds (whichever is greater), and/or imprisonment up to 2 years. On a second or subsequent conviction, the fine may be up to $200,000 or four times the value (whichever is greater), and/or imprisonment up to 3 years.
The “whichever is greater” formulation means that the “value of the rough diamonds” can drive the penalty substantially. Practitioners should therefore consider how “value” is evidenced (invoice value, market value, or other valuation approaches) and be prepared for evidential disputes.
11. Relationship with general import/export controls (Regulation 15)
Regulation 15 clarifies that the KP Regulations apply in addition to and not in derogation of the Regulation of Imports and Exports Regulations (Rg 1). This is important: compliance with the KP regime does not replace or supersede other import/export regulatory requirements. Traders must treat the KP Regulations as an overlay on top of the general import/export framework.
How Is This Legislation Structured?
The Regulations are structured as a sequence of compliance steps:
- Regulation 1: Citation.
- Regulation 2: Definitions (including the HS code-based definition of “rough diamond”).
- Regulations 3–5: Licensing for export/import, including application, conditions, expiry/renewal, and revocation.
- Regulations 6–8: Export requirements, Singapore Certificate application/conditions, and revocation.
- Regulations 9–11: Customs reporting for exports/imports and import requirements under Kimberley Process Certificates.
- Regulation 12: Transit/transhipment security and “identical state” requirement.
- Regulation 13: Enforcement powers (seizure or return).
- Regulation 14: Penalties for offences.
- Regulation 15: Non-derogation clause confirming interaction with the general import/export regulations.
Who Does This Legislation Apply To?
The KP Regulations apply to “any person” in relation to export/import acts, but the licensing obligations are specifically directed at “licensees” (persons holding valid licences under Regulation 4). Regulation 3 makes it an offence for any person to export or import rough diamonds without a licence. In addition, specific duties apply to exporters/importers at customs (Regulations 9 and 11) and to persons handling transit/transhipment (Regulation 12).
Practically, the Regulations affect a range of stakeholders: diamond traders, licensed exporters/importers, logistics operators responsible for container security and transit handling, and compliance teams tasked with certificate verification and customs presentation. Because enforcement can be triggered by contraventions of Regulations 6, 10, or 12, parties involved in those operational steps should ensure contractual and procedural controls align with the statutory requirements.
Why Is This Legislation Important?
The KP Regulations are important because they translate an international certification scheme into enforceable domestic obligations. For practitioners, the key significance lies in the combination of documentary requirements (licences and certificates) and physical/security requirements (tamper-evident containers and sealed states during transit). Compliance failures can therefore arise from both paperwork and logistics.
From an enforcement perspective, the Regulations provide strong tools: discretionary revocation of licences and certificates without reasons, criminal penalties with value-linked fines, and seizure/return powers. This means that legal advice must be integrated with operational compliance—certificate management, container sealing protocols, customs presentation scheduling, and recordkeeping.
Finally, Regulation 15’s “in addition to” clause underscores that KP compliance is not the only regulatory requirement. Lawyers advising import/export clients should conduct a holistic compliance review covering both the general import/export regulatory regime and the Kimberley Process overlay.
Related Legislation
- Regulation of Imports and Exports Act (Cap. 272A), particularly Section 3 (authorising provision)
- Regulation of Imports and Exports Regulations (Rg 1)
- Exports Act (noted in 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.