WORLD TRADE  
ORGANIZATION   
G/C/W/675 
24 October 2012  
 
(12-5798) 
Council for Trade in Goods  
  
DRAFT 
 
EXTENSION OF WAIVER CONCERNING KIMBERLEY PROCESS  
CERTIFICATION SCHEME FOR ROUGH DIAMONDS 
 
Decision of.... 20121 
 
 
The General Council,  
 
Conducting the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the Marrakesh Agreement Establishing the World Trade 
Organization (the “WTO Agreement”); 
 Having  regard  to paragraphs 1, 3 and 4 of Article IX of the WTO Agreement, the Guiding 
Principles to be followed in considering appli cations for waivers adopted on 1 November 1956 
(BISD 5S/25), and the Understanding in Respect  of Waivers of Obligations under the General 
Agreement on Tariffs and Trad e 1994 (the “Understanding”); 
 
 Recalling that by a Decision of 15 May 2003 the General Council granted certain 
Members
2 a waiver from obligations under paragraph 1 of Article I, 1 of Article XI, and 1 of Article 
XIII of the GATT 1994 for the period 1 January 2003 until 31 December 20063; 
 
Recalling that by a Decision of 15 December 2006 the General Council granted certain 
Members4 a waiver from obligations under paragraph 1 of Article I, 1 of Article XI, and 1 of Article 
XIII of the GATT 1994 for the period 1 January 2007 until 31 December 2012 (the "Existing 
Waiver")5; 
 
Taking note  of the request of the Members listed in the Annex for an extension of the Existing 
Waiver with respect to their domestic measures to regulate the international trade in rough diamonds 
consistent with the Kimberley Process Certification Scheme; 
 Noting that this Decision does not prejudge the consistency of domestic measures taken 
consistent with the Kimberley Process Certificati on Scheme with provisions of the WTO Agreement, 
including any relevant WTO exceptions, and that the Existing Waiver was granted and is hereby 
extended for reasons of legal certainty;  
 
                                                      
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO 
Agreement agreed by the General Council in November 1995 (WT/L/93). 
2 Australia, Brazil, Canada, Israel, Japan, Korea,  Philippines, Sierra Leone, Thailand, United Arab 
Emirates, United States. 
3 WT/L/518 
4 Australia, Botswana, Brazil, Canada, Croatia, India,  Israel, Japan, Korea, Mauritius, Mexico, Norway, 
Philippines, Sierra Leone, Chines e Taipei, Thailand, United Arab Em irates, United States, Venezuela. 
5 WT/L/676 G/C/W/675 
Page 2  
 
  Recognizing  that the trade in conflict diamonds rema ins a matter of serious international 
concern and has been directly linked to the fu elling of armed conflict, the activities of rebel 
movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, and proliferation of, armaments, espec ially small arms and light weapons;  
 
Recognizing  the extraordinary humanitarian nature of this issue and the devastating impact of 
conflicts fuelled by the trade in conflict diam onds on the peace, safety and security of people in 
affected countries and the systematic and gross human rights violations that have been perpetrated in 
such conflicts; 
 
Noting  the relevant resolutions of the United Nations Security Council under Chapter VII of 
the United Nations Charter and the Kimberley Process Certification Scheme Participants’ contribution 
to and support of the implementation of th e measures provided for in those resolutions; 
 Further noting  that the Kimberley Process Certification Scheme has responded to the call of 
the United Nations General Assembly to give urgent  and careful considerati on to devising effective 
and pragmatic measures to address the problem of conflict diamonds; 
 Recognizing  the importance and effectiveness of the Kimberley Process Certification Scheme 
in stemming the trade in conflict diamonds, 
 
Noting  the United Nations Security Council resolution S/RES/1459 (2003) supporting the 
Kimberley Process Certification Scheme; 
 Noting  that the Existing Waiver is due to expire on 31 December 2012;  
 
Recognizing the interests of many WTO Members in the legitimate trade in rough diamonds; 
 Noting  the assurances given by Members listed in th e Annex that they intend, upon request, to 
enter promptly into consultations with any interest ed Member with respect to any difficulty or matter 
that may arise as a result of their domestic impl ementation of the Kimberley Process Certification 
Scheme for rough diamonds; 
 
Considering that, in light of the foregoing, exceptional circumstances remain justifying the 
extension of the Existing Waiver; 
 
Decides  as follows: 
 
1. With respect to the measures taken by a Member  listed in the Annex necessary to prohibit the 
export of rough diamonds to non-Participants in  the Kimberley Process Certification Scheme 
consistent with the Kimberley Process Certifica tion Scheme, paragraphs 1 of Article I; 1 of 
Article XI; and 1 of Article XIII of the GA TT 1994 are waived as of 1 January 2013 through 
31 December 2018 
 
2. With respect to the measures taken by a Member  listed in the Annex necessary to prohibit the 
import of rough diamonds from non-Participants in the Kimberley Process Certification Scheme consistent with the Kimberley Pro cess Certification Scheme, paragraphs 1 of 
Article I; 1 of Article XI; and 1 of Article XIII of the GATT 1994 are waived as of 1 January 
2013 through 31 December 2018. 
 3. This waiver also applies in respect of measures implementing the Kimberley Process 
Certification Scheme taken by any Member not listed in the Annex to this Decision that  G/C/W/675 
 Page 3 
 
 
  desires to be covered by the present waiver and that notifies the Council for Trade in Goods 
accordingly or that has already done so  pursuant to the Existing Waiver. 
 4. Members benefiting from this waiver s hould notify their measures implementing the 
Kimberley Process Certification Scheme to the Co uncil for Trade in Goods to the extent that 
they have not already done so pursuant to the Existing Waiver. 
5. Members benefiting from this waiver, upon request, intend to enter promptly into 
consultations with any interested Member with  respect to any difficulty or matter that may 
arise as a result of the implementation of th e measures regulating the export or import of 
rough diamonds covered by this waiver; where a Member considers that any benefit accruing 
to it under the GATT 1994 may be or is being impaired unduly as a result of such 
implementation, such consultations shall exam ine the possibility of action for a satisfactory 
adjustment of the matter. 
 6. Any Member that considers that measures regulating the import or export of rough diamonds 
covered by this waiver are bei ng applied inconsistently with th is waiver or that any benefit 
accruing to it under the GATT 1994 may be or is being impaired unduly as a result of measures to implement the Kimberley Process Certification Scheme covered by this waiver and that considers that consultations have pr oved unsatisfactory, may bring the matter before 
the General Council, which will examine it promptly and will formulate any 
recommendations that it  judges appropriate. 
 
7. This waiver shall not preclude the right of affected Members to have recourse to 
Articles XXII and XXIII of the GATT 1994. 
  
ANNEX 
 
Australia, Botswana, European Union, Croatia, Isra el, Japan, Korea, Mexico, New Zealand, Norway, 
Chinese Taipei, Thailand, United States. 
 
__________