WT/L/1039  
 
30 July 2018  
(18-4778) Page: 1/3 
    
 
EXTENSION OF WAIVER  
CONCERNING KIMBERLEY  PROCESS CERTIFICATIO N SCHEME  
FOR ROUGH DIAMONDS  
WAIVER DECISION OF 26 JULY  20181 
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 Articl e IX of the WTO  Agreement, the Guiding 
Principles to be followed in considering applications 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 Trade  1994 (the "Understanding");  
 
Recalling  that by a Decision of 15  May 2003 the General Council granted certain Members2 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  20125; 
 
Recalling  that by a Decision of 14  December  2012 the General Council granted certain 
Members6 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 pe riod 1  January  2013 until 31  December  2018 (the "Existing 
Waiver")7; 
 
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 Certification 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;  
 
Recognizing  that the trade in conflict diamonds remains a matter of serious international 
concern and has been directly l inked to the fuelling of armed conflict, the activities of rebel 
                                                
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, Unit ed Arab 
Emirates, United States.  
3 WT/L/518.  
4 Australia, Botswana, Brazil, Canada, Croatia, India, Israel, Japan, Korea, Mauritius, Mexico, Norway, 
Philippines, Sierra Leone, Chinese Taipei, Thailand, United Arab Emirates, United States, Venezuela.  
5 WT/L/676.  
6 Australia, Botswana, Brazil, Canada, Croatia, European Union, India, Israel, Japan, Korea, Mexico, New 
Zealand, Norway, Philippines, Russian Federation, Singapore, Chinese Taipei, Thailand, Turkey, United States, 
and the Bolivarian Republic of Vene zuela.  
7 WT/L/876.  WT/L/1039  
 
- 2 - 
 
  movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, 
and proliferation of, armaments, especially 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 diamonds on the peace, safety and security of people in 
affected countries and the systematic and gross human rights violations that hav e 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 im plementation of the 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 consideration 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  2018;  
 
Recognizing  the interests of many WTO  Members in the legitimate trade in rough diamonds;  
 
Noting  the assurances given by Members listed in the Annex that they intend, upon request, 
to enter promptly into consultations with any interested Member with respect to any difficulty or 
matter that may arise as a result of their domestic implementation of the Ki mberley 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 Certification Scheme, paragraphs  1 of 
Article  I; 1 of Article  XI; and 1 of Artic le XIII of the GATT  1994 are waived as of 
1 January  2019 through 31  December  2024.  
 
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 Process 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  2019 through 31  December  2024.  
 
3. This waiver also applies in re spect of measures implementing the Kimberley Process 
Certification Scheme taken by any Member not listed in the Annex to this Decision that 
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 should notify their measures implementing the 
Kimberley Process Certification Scheme to the Council for Trade in Goods to the extent that 
they have not already done s o 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 shal l examine the possibility of action for a satisfactory 
adjustment of the matter.  WT/L/1039  
 
- 3 - 
 
   
6. Any Member that considers that measures regulating the import or export of rough 
diamonds covered by this waiver are being applied inconsistently with this 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 proved unsatisfactory, may b ring 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; Brazil; Cambodia; Canada; the European Union; Guyana; India; Japan; 
Kazakhstan; Republic of Korea; Malaysia; Mauritius; Montenegro; Namibia; Norway; Panama;  
Russian Federation; Sierra Leone; Singapore; South Africa ; Sri Lanka; Switzerland; the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu; Thailand; Turkey; Ukraine; and the 
United  States.  
 
__________