WORLD TRADE  
ORGANIZATION   
G/C/W/675/Rev.1 
13 November 2012 
 (12-6258) 
Council for Trade in Goods  
  
 
KIMBERLEY PROCESS  CERTIFICATION SCHEME FOR ROUGH DIAMONDS – 
REQUEST FOR AN EXTENSION OF A WTO WAIVER 
 
Revision 
 
 
In accordance with Article IX:3(b) of the WTO Agreement, the WTO Members that have 
expressed their intent to continue implementing th e Kimberley Process Certification Scheme adopted 
by the Interlaken Declaration of 5 November, 2002  on the Kimberley Process Certification Scheme 
for Rough Diamonds (Interlaken Declaration)1, have the honour to submit to the Council for Trade in 
Goods a request for an extension of the WTO waiver in order to allow each such Member to take or 
continue taking measures necessary to give effect to th e trade restrictions related to international trade 
in rough diamonds outlined in the Kimberley Process Certification Scheme.  The request covers trade 
in rough diamonds coming within Harmonized Commodity Description and Coding System 
subheadings 7102.10, 7102.21 and 7102.31.  We enclose a short communication to WTO Members that explains the background to this request as well as a draft decision text in respect of the waiver 
extension requested.    The initial request for a WT O waiver was granted in 2002.  That waiver was 
extended in 2006 and made effective until 31 D ecember, 2012.  The requesting Members hereby 
request a further extension of the waiver until 31 December, 2018.  
1. Purpose of the request 
 
On 5 November 2002, Kimberley Process Participants  in the Interlaken Declaration  (Angola, 
Australia, Botswana, Brazil, Burkina Faso, Canada, Côte d'Ivoire, Peoples Republic of China, Cyprus, 
Czech Republic, Democratic Republic of Congo, th e European Community, Gabon, Ghana, Guinea, 
India, Israel, Japan, Republic of Korea, Lesot ho, Malta, Mauritius, Mexico, Namibia, Norway, 
Philippines, Russian Federation, Sierra Leone, South Africa, Swaziland, Switzerland, Tanzania, 
Thailand, Ukraine, United Arab Emirates, United St ates of America, and Zimbabwe) expressed their 
intent to implement an international scheme of certification for rough diamonds, with a view  to 
helping to break the link between armed conflict a nd the trade in rough diamonds.  The Interlaken 
Declaration, inter alia , outlines measures to be taken by Partic ipants with respect to the international 
trade in rough diamonds between and among Kimberley Process Certification Scheme Participants as 
well as with respect to trade between Kimberley Process Certification Scheme Participants and non-
Participants.  Since 2002, a number of additiona l countries, including some WTO Members, have 
become Kimberley Process Participants.  These coun tries are Belarus, Cameroon, Republic of Congo, 
Laos, Lebanon, Liberia, Mexico, Ne w Zealand, Swaziland and Turkey. 
 
The Kimberley Process Certification Scheme aims to prevent conflict diamonds from entering 
the legitimate diamond trade.  The legitimate diamond trade plays an important role in the process of economic growth and overall devel opment of a large number of countries, including many developing 
                                                      
1 The Members submitting this request are Austra lia, Botswana, Brazil, Canada, Croatia, European 
Union, India, Israel, Japan, Korea, Mexico, New Z ealand, Norway, Chinese Taip ei, Thailand, Turkey and 
United States. 
 G/C/W/675/Rev.1 
Page 2  
 
  countries.  Considering that the trade regime outlin ed in the Kimberley Process Certification Scheme 
aims to curb the trade in conflict diamonds while supporting the legitimate diamond trade in the world 
trading system, the requesting Members present this re quest for an extension of the waiver to allow 
them to take measures necessary to regulate the import and export of rough diamonds as outlined in 
the Certification Scheme.  A waiver from the provisi ons of Article I:1,  Article XI: 1, and Article 
XIII:1 of the GATT 1994 will lend legal certainty to the relationship between those measures and the 
GATT 1994.  
2. Background and circumsta nces justifying the waiver 
 
             Kimberley Process Certification Sc heme Participants recognize that the vast majority of 
rough diamonds traded in the world are from legiti mate sources and, moreover, that these diamonds 
represent a valuable resource for economic and social  development.  However, international concern 
regarding the link between the illicit trade in roug h diamonds and armed conflict in some parts of 
Africa has motivated the international community to take measures to end the trade in conflict 
diamonds.  The trade in conflict diamonds is directly  linked to fuelling armed conflict, the activities of 
rebel movements aimed at undermining or overthrow ing legitimate governments, and the illicit traffic 
in, and proliferation of, armaments, esp ecially small arms and light weapons. 
 
The United Nations has recognized the extraordinary humanitarian nature of this issue, 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 system atic and gross human right s violations that have 
been perpetrated in such conflicts.  Beginning in 1998, the Security Council adopted a series of resolutions aimed at restricting the trade in conflict diamonds. Subsequently, the United Nations 
General Assembly adopted two r esolutions (December 2000; March 200 2) calling on the international 
community to develop, finalize and implement propo sals for an international certification scheme for 
rough diamonds as soon as possible, recognizing the ur gency of the situation from a humanitarian and 
security standpoint.   
 In May 2000, South Africa brought together in Kimberley governments of diamond 
producers, exporters, and importers, as well as re presentatives from the diamond industry and non-
governmental organizations, to discuss additional pr actical measures to combat trade in conflict 
diamonds.  This meeting led to the establishment of  the Kimberley Process, which then developed a 
set of detailed proposals for an international system  of certification that aims to strengthen control 
over the legitimate trade in rough diamonds, ther eby preventing conflict diamonds from entering into 
the legitimate diamond trade.  Since its launch, te n Participants have serve d one-year terms as Chair 
of the Kimberley Process.       
 
Following an inclusive negotiating process, on 5 November 2002, Kimberley Process 
Participants adopted the Interlaken Declaration,  which embodies the Kimberley Process Certification 
Scheme for certification of rough diamonds. As noted  in its Preamble, the Certification Scheme 
reflects the determination of the Participants to contribute to and support the implementation of the 
measures provided for in the United Nations Secur ity Council resolutions and responds to call of the 
United Nations General Assembly to give urgent a nd careful consideration to devising effective and 
pragmatic measures to address the problem of conflict diamonds.  The Participants in the Certification 
Scheme intend to implement or have implemented domestic measures that will inter alia  eliminate 
their trade in rough diamonds with non-Participants.  
The devastation financed by the trade in conf lict diamonds is concentrated in a handful of 
countries.  However, in light of the global natu re of the trade in rough diamonds, combating this 
exceptional problem demands a continuing commi tment by all members of the international 
community, in cooperation with other important st akeholders, such as the international diamond 
industry, civil society and multilateral organizations.  Kimberley Process Participants consider that the  G/C/W/675/Rev.1 
 Page 3 
 
 
  measures outlined in the Kimberley Process Certifi cation Scheme are necessary to break the link 
between armed conflict and the trade in rough diam onds.  It is important to the success of the 
Certification Scheme that WTO Members recogni ze the exceptional circumstances of the trade in 
conflict diamonds, and provide the legal certa inty necessary for the Scheme's effective 
implementation by granting the requested waiver unde r Article IX:3 to support the humanitarian and 
security goals of the Kimberley Process. 
 
The Kimberley Process supports the trade and economic development of all diamond trading 
countries in a manner consistent with the objectives of  the WTO.  It represents a positive effort to 
ensure that the diamond trade continues to make an important contribution to the economic 
development of developing countries. Participants in  the Certification Scheme do not consider that it 
creates any impediment to the reduction or the elimina tion of tariffs, or other restrictions to trade on a 
most favoured nation basis.  
The effectiveness of the Certification Scheme has depended on the involvement of all key 
participants in the international trade in ro ugh diamonds, and inclusive participation in the 
Certification Scheme continues to be encouraged and facilitated, thus minimizing any disruption in 
the legitimate diamond trade.  
 Participants in the Kimberley Process Certifi cation Scheme launched the certification scheme 
beginning 1 January 2003.  Forty-seven of the fift y-one Kimberley Certifica tion Scheme Participants 
are Members of the WTO.   
 
3. Description of the measures for which a waiver is requested 
 
              The requested extension of the waiver would apply to domestic measures necessary to give 
effect to the import and export restrictions a nd prohibitions outlined in the Kimberley Process 
Certification Scheme, Section III, paragraph c – "Under takings in respect of the international trade in 
rough diamonds," which Members that are Kimberle y Process Certification Scheme Participants 
intend to take.  Section III, paragraph c is as follows:  
Each Participant should: 
 
(c) ensure that no shipment of rough di amonds is imported from or exported to a non-
Participant; [...] 
 
For the purposes of the Kimberley Process Certification Scheme, "rough diamonds" are 
defined as: "diamonds that are unwor ked or simply sawn, cleaved or bruted and fall under the relevant 
Harmonized Commodity Description and Coding System 7102.10, 7102.21 and 7102.31."  
4. Conclusion 
 
The requesting Members request on the basis of  Article IX:3 of the Marrakesh Agreement 
Establishing the World Trade Organization, an exte nsion of the waiver from their obligations under 
Article I:1, Article XI:1, and Article XIII:1 of the GATT 1994 with respect to domestic measures 
necessary to give effect to the rough diamond import and export restrictions and prohibitions outlined 
in the Kimberley Process Certification Sche me for the period from 1 January, 2013 to  
31 December, 2018.  
 
The requesting Members request that the Council for Trade in Goods give their application 
for an extension of the waiver expeditious and favourable consideration.  In the meantime, the 
Members submitting this waiver request are prepared  to give full consideration to representations 
made to them by other WTO Members and to engage  in consultations with them as may be necessary.G/C/W/675/Rev.1 
Page 4  
 
   
WORLD TRADE  
ORGANIZATION   
 
WT/L/XXX 
 
  
Council for Trade in Goods Original:   English 
 
  
EXTENSION OF WAIVER  
CONCERNING KIMBERLEY PROCESS CERTIFICATION SCHEME 
FOR ROUGH DIAMONDS 
 
Decision of.... 2012
1 
 
 
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 Members2 a 
waiver from obligations under paragr aph 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, 
                                                      
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, In dia, Israel, Japan, Korea, Mauritius, Mexico, 
Norway, Philippines, Sierra Leone, Chinese Taipei, Tha iland, United Arab Emirates, United States, Venezuela. 
5 WT/L/676.  G/C/W/675/Rev.1 
 Page 5 
 
 
  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 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. 
 G/C/W/675/Rev.1 
Page 6  
 
  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 
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, Brazil, Canada, Croatia, European  Union, India, Israel, Japan, Korea, Mexico, 
New Zealand, Norway, Chinese Taipei, Tha iland, Turkey and, the United States 
 
__________