G/C/W/753  
 
22 June 2018  
(18-3929) Page: 1/6 
Council for Trade in Goods    
 
 
KIMBERLEY PROCESS CE RTIFICATION SCHEME F OR ROUGH DIAMONDS – 
REQUEST FOR AN EXTEN SION OF A WTO WAIVER  
COMMUNICATION FROM A USTRALIA, CAMBODIA, CANADA, THE EUROPEAN  UNION, GUYANA, 
JAPAN, MALAYSIA, MAU RITIUS, NORWAY, RUSS IAN FEDERATION, SOUTH AFRICA,  
SWITZERLAND, TURKEY, UKRAINE,  AND THE UNITED STATE S 
In accordance with Article  IX:3(b) of the WTO  Agreement, Australia, Cambodia, Canada, the 
European Union, Guyana, Japan, Malaysia, Mau ritius, Norway, Russian Federation, South Africa, 
Switzerland, Turkey,  Ukraine, and the United States, all WTO Members that have expressed their 
intent to continue implementing the Kimberley Process Certification Scheme adopted by the 
Interlaken Declaratio n of 5  November, 2002 on the Kimberley Process Certification Scheme for 
Rough Diamonds (Interlaken Declaration) , 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 the 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. T he initial request for a WTO  waiver was granted in 
2002. That waiver was extended in 2006 and made effective until 31  December  2012. It was 
further extended in 2012 and made effective until 31  December  2018. The requesting Members 
hereby request a further extension of the waiver until 31  December  2024.  
 
1  PURPOSE OF THE REQUE ST 
On 5  November  2002, Kimberley Process Participants in the Interlaken Declaration (Angola, 
Australia, Botswana, Brazil, Burkina Faso, Canada, Côte d'Ivoire, China, Cyprus, Czech Republi c, 
Democratic Republic of the Congo, the European Community, Gabon,  Ghana, Guinea, India, Israel, 
Japan, Republic of Korea, Lesotho, Malta, Mauritius, Mexico, Namibia, Norway, Philippines, Russian 
Federation, Sierra Leone, South Africa, Swaziland,  Switzerl and, Tanzania, Thailand, Ukraine, 
United Arab Emirates, United States 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  and the trade in rough diamonds. The Interlaken 
Declaration, inter alia , outlines measures to be taken by Participants 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 additional countries, including some 
WTO Members, have become Kimberley Process Participants. The WTO  Members and other 
count ries that participate in the Kimberly Process Certification Scheme are : Angola;  Armenia;  
Australia;  Bangladesh;  Belarus; Botswana;  Brazil;  Cambodia;  Cameroon;  Canada;  Central African 
Republic;  China;  Côte d'Ivoire;  Hong Kong, China;  Democratic Republic of the Congo;  Eswatini ; 
European Union;  Ghana;  Guinea;  Guyana;  India;  Indonesia;  Israel;  Japan;  Kazakhstan;  Republic 
of Korea;  Lao People's Democratic Republic ; Lebanon; Lesotho;  Liberia;  Malaysia;  Mali; Mauritius;  
Mexico;  Namibia;  New Zealand;  Norway;  Panama;  Russian Federation;  Sierra Leone;  Singapore;  
South Africa;  Sri Lanka;  Switzerland;  Chinese Taipei ; Tanzania;  Thailand;  Togo;  Turkey;  Ukraine;  
United Arab Emirates;  United States of America;  Bolivarian Republic of Venezuela;  Viet Nam;  and 
Zimbabwe.  
 G/C/W/753  
 
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  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 development of a large number of co untries, including many 
developing countries. Considering that the trade regime outlined 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, th e requesting Members present this request 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 provisions of 
Article  I:1, Arti cle 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 CIRCU MSTANCES JUSTIFYING THE WAIVER  
Kimberley Process Certification Scheme Participants recognize that the  vast majority of rough 
diamonds traded in the world are from legitimate sources and, moreover, that these diamonds 
represent a valuable resource for economic and social development. However, international 
concern regarding the link between the illicit tra de in rough 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 o f rebel movements aimed at undermining or overthrowing legitimate governments, and 
the illicit traffic in, and proliferation of, armaments, especially 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 systematic and gross human rights 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  resolutions (December  2000; March  2002) calling on the 
international community to develop, finalize and implement proposals for an international 
certification scheme for rough diamonds as soon as possible, recognizing the urgency of the 
situation from a humanitarian and security standpoint.  
 
In May  2000, South Africa brough t together in Kimberley governments of diamond producers, 
exporters, and importers, as well as representatives from the diamond industry and 
non-governmental organizations, to discuss additional practical 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, thereby preventing confli ct 
diamonds from entering into the legitimate diamond trade. Since its launch, 16  Participants have 
served 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 t he implementation of the measures 
provided for in the United Nations Security Council resolutions and responds to the call of the  
United Nations General Assembly to give urgent and careful consideration to devising effective and 
pragmatic measures to addre ss 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 conflict diamonds is concentrated in a handful of 
countries. However, in light of the global nature of the trade in rough diamonds, combating this 
exceptional problem demands a continuing commitment by all members of the international 
community, in cooperation with other important stakeholders, such as the international diamond 
industry, civil society and multilateral organizations. Kimberley Process Participants consider that 
the measures outlined in the Kimberley Process Certification Scheme are  necessary to break the 
link between armed conflict and the trade in rough diamonds. It is important to the success of the 
Certification Scheme that WTO  Members recognize the exceptional circumstances of the trade in 
conflict diamonds, and provide the lega l certainty necessary for the Scheme's effective G/C/W/753  
 
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  implementation by granting the requested waiver under 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. Partic ipants in the Certification Scheme do not consider that 
it creates any impediment to the reduction or the elimination 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 rough 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 Certification Scheme launched the certification scheme 
beginning 1  January  2003. Fifty -one of the fifty -four Kimberley Certification Scheme Participants 
are Members of the WTO.  
 
3  DESCRIPTION OF THE M EASURES FOR WHICH A WAIV ER IS REQUESTED  
The requested extension of the waiver would apply to domestic measures necessary to give effect 
to the import and export restrictions and 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 Kimberley Process Certification Scheme Participants 
intend to take. Section  III, paragraph  c is as follows:  
 
Each Participant should:  
 
(c) Ensure that no shipment of r ough diamonds 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 unworked or simply sawn, cleaved or bruted and fall under the releva nt 
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 extension of the waiver fr om 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 Cert ification Scheme for the period from 1  January, 2019 to 
31 December, 2024.  
 
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/753  
 
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  EXTENSION OF WAIVER  
CONCERNING KIMBERLEY PROCESS CE RTIFICATION SCHEME  
FOR ROUGH DIAMONDS  
DRAFT WAIVER DECISIO N OF … 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 
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;  
 
                                                
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, 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, Phili ppines, Russian Federation, Singapore, Chinese Taipei, Thailand, Turkey, United States, 
and the Bolivarian Republic of  Venezuela.  
7 WT/L/876.  G/C/W/753  
 
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  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;  
 
Recognizin g 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 Kimberley Process 
Certification Scheme for rough diamonds;  
 
Considering  that, in light o f 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 -Partici pants 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.  
 
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, paragraph s 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 respect of measures implementing the Kimberley Process 
Certification Scheme taken by any Mem ber 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 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 the 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 examine 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 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 G/C/W/753  
 
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  result of measures to implement the Kimberley Process Certification Scheme covered by this 
waiver and that considers that consultations have proved unsatisfactory, may bring the 
matter before the General Council, which will examine it promptly and will formu late 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, Cambodia, Canada, the European Union, Guyana, Japan, Malays ia, Mauritius, Norway, 
Russian Federation , South Africa, Switzerland,  Turkey, Ukraine, and the United States.  
 
__________