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: Rg 8; G.N. No. S 80/2004
- Revised Edition: 2004 RevEd (30 September 2004)
- Status: Current version as at 27 March 2026 (per the extract)
- Key Provisions (from extract): Definitions (reg 2); licensing (regs 3–5); export controls (regs 6–9); import controls (regs 10–11); transit/transhipment controls (reg 12); enforcement (reg 13); penalties (reg 14); relationship with general import/export regulations (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” from entering the legitimate diamond supply chain. In plain terms, the Regulations control who may import and export rough diamonds, and they require documentary proof and physical security measures to ensure that rough diamonds are handled in a way that meets minimum Kimberley Process requirements.
Rough diamonds are defined by reference to both their physical characteristics (unsorted, unworked, or simply sawn/cleaved/bruted) and specific HS tariff codes. The Regulations therefore operate as a targeted customs and trade compliance regime: they do not regulate all diamonds, but rather rough diamonds falling within the specified HS codes.
The scheme is built around licensing and certification. Singapore requires an exporter/importer licence, and it requires that exports be covered by a Singapore Certificate issued by the Director-General. Imports must be covered by a Kimberley Process Certificate issued by another Participant. The Regulations also address transit and transhipment, and they provide enforcement powers (including seizure and return) and criminal penalties for contraventions.
What Are the Key Provisions?
1. Definitions and the scope of “rough diamonds” (reg 2)
The Regulations define key terms including “Kimberley Process”, “Kimberley Process Certificate”, “Singapore Certificate”, “licensee”, “Participant”, and—critically—“rough diamond”. The “rough diamond” definition ties the regulated goods to HS Codes 7102.10.00, 7102.21.00, or 7102.31.00 as specified in the First Schedule to the Customs (Duties) Order. For practitioners, this is the first compliance checkpoint: classification drives whether the KP Regulations apply.
2. Licensing requirement for exporting and importing (regs 3–5)
Regulation 3 establishes the baseline rule: no person shall export or import rough diamonds except under a licence issued by the Director-General. A contravention is an offence. This means that even if a trader has Kimberley Process documentation, the absence of a Singapore licence is itself a breach.
Regulation 4 sets out the application process. Applications must be made to the Director-General in the form and manner determined by the Director-General and accompanied by the prescribed fee. The applicant must provide documents or information the Director-General may require. Importantly, the Director-General has discretion to issue a licence subject to conditions he thinks fit. Conditions can be varied or new conditions imposed, and breach of any licence condition is also an offence.
Regulation 4 further provides that licences expire on 31 December of the year in which they are issued, and may be renewed annually thereafter (subject to regulation 5). Regulation 5 allows the Director-General to revoke a licence at any time without assigning any reason. For legal risk management, this “no reasons” revocation power is significant: licensees should assume that compliance failures, changes in risk profile, or administrative concerns may lead to revocation without a formal explanation.
3. Export controls: Singapore Certificate, destination, and sealed containers (reg 6)
Regulation 6 restricts exports by a licensee. Exports are permitted only if all of the following are satisfied: (a) the export is under a Singapore Certificate; (b) the shipment is to a Participant; and (c) the rough diamonds are packed in a container capable of being locked, sealed or otherwise secured, with security features not tampered with upon export out of Singapore. Any contravention is an offence.
This provision creates both documentary and physical compliance duties. Documentary compliance requires a valid Singapore Certificate for the shipment. Physical compliance requires tamper-evident security measures. Practically, counsel advising exporters should ensure that packaging, sealing procedures, and chain-of-custody documentation align with the “not tampered with” requirement.
4. Application, conditions, 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 required form and manner, and accompanied by the prescribed fee. The licensee must provide documents or information the Director-General may require. The Director-General may issue a Singapore Certificate subject to conditions he thinks fit. Conditions can be varied or new conditions imposed, and 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. This mirrors the revocation approach for licences and underscores that certification is not merely a one-time administrative step; it is an ongoing compliance instrument.
5. Customs reporting for exports and imports (regs 9 and 11)
Regulation 9 requires that every person who exports rough diamonds must 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 requirement for imports: the importer must present the shipment together with the Kimberley Process Certificate to a proper officer of customs at the point of import. Contraventions are offences.
From a practitioner’s perspective, these provisions are often where operational failures occur—e.g., shipments leaving without being properly presented, or certificates not being available at the customs station. Compliance systems should therefore include pre-export and pre-import checks and staff training on customs presentation requirements.
6. Import controls: valid Kimberley Process Certificates and sealed containers (reg 10)
Regulation 10 prohibits a licensee from importing rough diamonds unless the import is (a) under a Kimberley Process Certificate that was issued by a Participant, has not been revoked by the Participant, and contains information accurately reflecting the shipment details; and (b) packed in a secured container with security features not tampered with upon import into Singapore. Contravention is an offence.
The “accurately reflects the details of the shipment” requirement is particularly important. It implies that the certificate must match the shipment in substance, not merely that it exists. Counsel should advise clients to verify that the certificate details correspond to the actual goods and shipment particulars, and to maintain evidence supporting that accuracy.
7. Transit and transhipment (reg 12)
Regulation 12 addresses rough 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 such other person as the Director-General may direct. The person must also ensure that the shipment leaves Singapore in an identical state as when it entered Singapore. Contravention is an offence.
This provision is designed to prevent substitution, tampering, or reconfiguration during short stays in Singapore. For logistics counsel, it is essential to ensure that transit handling procedures preserve the “identical state” requirement and that sealing arrangements are consistent with customs or Director-General directions.
8. Enforcement powers: seizure or return (reg 13)
Where export or import contravenes regulations 6, 10 or 12, an authorised officer may seize the shipment or order the return of the shipment. The return direction depends on the contravention: for regulation 6 (export), return is ordered to the person exporting the shipment out of Singapore; for regulation 10 or 12 (import or transit/transhipment), return is ordered to the person from whom the shipment was imported into Singapore.
These are strong remedial powers that can disrupt commercial timelines and create additional costs. Practitioners should consider advising clients on contingency planning, including contractual allocation of risk for seizure/return and documentation readiness to respond to enforcement actions.
9. Penalties (reg 14)
Offences under the Regulations attract criminal penalties. On a first conviction, the fine may not exceed $100,000 or three times the value of the rough diamonds (whichever is greater), or imprisonment for up to 2 years, or both. On a second or subsequent conviction, the fine may not exceed $200,000 or four times the value (whichever is greater), or imprisonment for up to 3 years, or both.
The penalty structure is notable for its “whichever is greater” approach tied to the value of the diamonds. This can significantly increase exposure for high-value shipments. Counsel should therefore treat valuation and evidence of value as relevant to sentencing risk and plea negotiations.
10. Relationship with general import/export regulations (reg 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 means compliance with the general import/export framework is not replaced by Kimberley Process compliance; both regimes can apply concurrently.
How Is This Legislation Structured?
The KP Regulations are organised as a short, operational compliance instrument with a clear sequence: (1) definitions (reg 2); (2) licensing for rough diamond export/import (regs 3–5); (3) export authorisation through Singapore Certificates and sealed container requirements, plus customs reporting (regs 6–9); (4) import authorisation through Kimberley Process Certificates and sealed container requirements, plus customs reporting (regs 10–11); (5) transit/transhipment handling requirements (reg 12); (6) enforcement measures (reg 13); (7) penalties (reg 14); and (8) an express “in addition to” clause confirming interaction with the general import/export regulations (reg 15).
Who Does This Legislation Apply To?
The Regulations apply to “any person” who exports or imports rough diamonds, but the substantive export/import prohibitions are framed around “licensees” (regs 6 and 10) and the licensing requirement (reg 3). In practice, this means that traders, dealers, and other entities engaged in the cross-border movement of rough diamonds must hold the relevant licence and comply with certification and container security requirements.
Customs reporting duties apply to “every person” who exports or imports (regs 9 and 11), which can extend beyond the licence holder depending on how shipments are operationally managed. Transit/transhipment obligations (reg 12) apply to persons who import rough diamonds into Singapore in transit or on transhipment. Enforcement powers (reg 13) are exercised by authorised officers, and criminal liability attaches to contraventions of the prohibitions and conditions.
Why Is This Legislation Important?
The KP Regulations are important because they translate an international human-rights and supply-chain integrity objective into enforceable domestic legal duties. For practitioners, the key takeaway is that compliance is multi-layered: licensing, certification, accurate documentation, physical security measures, customs presentation, and transit controls all matter.
From an enforcement perspective, the Regulations provide both preventive and punitive mechanisms. Preventive mechanisms include the licensing gate (reg 3), the requirement for Singapore Certificates and valid Kimberley Process Certificates (regs 6 and 10), and the sealed container/tamper-evidence requirements (regs 6, 10, and 12). Punitive mechanisms include seizure/return (reg 13) and criminal penalties that can be substantial, especially where fines are calculated by reference to the value of the diamonds (reg 14).
Practically, the “without assigning any reason” revocation powers for licences and certificates (regs 5 and 8) mean that legal advice should not only focus on whether a shipment is compliant at the time of export/import, but also on ongoing compliance posture. Internal controls, recordkeeping, and audit readiness are therefore essential to reduce the risk of sudden revocation and operational disruption.
Related Legislation
- Regulation of Imports and Exports Act (Chapter 272A, Section 3) — authorising legislation
- Regulation of Imports and Exports Regulations (Rg 1) — general import/export framework; KP Regulations apply “in addition to” and “not in derogation of”
- Customs (Duties) Order (Cap. 70, O 4) — relevant HS Codes for defining “rough diamond”
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.