Diamond Export Levy Administration Act, 2007 > Schedule

No. and year of law

Short title

Extent of amendment or repeal

Act No. 56 of 1986

Diamonds Act. 1986

1. Section 1 of the Diamonds Act is hereby amended by the substitution for the definition of "unpolished diamonds" of the following definition:

" 'unpolished diamonds' means—

a)	diamonds in their natural state, as they occur in deposits or extracts from the parent rock;

b)	diamonds simply sawn, cleaved, bruted, tumbled or which have only a small number of polished facets (windows which allow expert examination of the internal characteristics), and includes diamonds that are provisionally shaped but clearly require further working;

c)	tumbled diamonds of which the surface has been rendered glossy or shiny by chemical treatment or chemical polishing;

d)	broken or crushed diamonds;

e)	diamond dust: or

f)	diamond powder,

and applies regardless of whether such diamonds are won or recovered within the Republic;";

2. Section 6o of the Diamonds Act is hereby substituted with the following section:

"Export and import of unpolished diamonds

60. (1) No exporter shall export any unpolished diamond from the Republic unless—

(a)	that diamond has been registered and released for export in terms of this Act: and

(a)	that exporter is registered in terms of the Diamond Export Levy Act.

(2) No importer shall import any unpolished diamond into the Republic unless—

(a)	that diamond has been registered and released for import in terms of this Act; and

(a)	that importer is registered under the Diamond Export Levy Act.

(3) The Regulator shall confiscate any unpolished diamond that does not satisfy the requirements of the Kimberley Process Certification Scheme, as prescribed.".

3. Section 61 A is hereby amended by the insertion after section 61 of the following section:

"Registration of unpolished diamonds for import

61A. (1) Any importer who desires to register any unpolished diamond for import shall at a diamond exchange and export centre furnish the registering officer with a return on the prescribed form in respect of that diamond.

(2)In the return furnished in terms of sub

section (1), the importer shall specify the

value of the unpolished diamond and declare that the value so specified is (to the best of his or her knowledge and belief) the fair market value of that diamond.

(3) A return referred to in subsection (1) shall be accompanied by the unpolished diamond in question and the prescribed documents.

(4) if the registering officer is satisfied that an importer has complied with the provisions of this section, he or she shall register the unpolished diamond in question for import.".

4. Section 64 of the Diamonds Act is hereby substituted with the following section:

"Temporary exemption from diamond ex

change and export centre

64. (1) If the Regulator is satisfied that an unpolished diamond will be exported from the Republic—

(a) solely for purposes of—

i)	being exhibited or displayed; or

ii)	obtaining an expert opinion as to the fair market value or manner of beneficiating that diamond; and

(b) for no longer period as the Regulator may determine (but not exceeding a period of 180 days from the date upon which that diamond was released for export as described in section 69), that diamond will not be subject to the provisions of section 48A.

(2) lf the Regulator is satisfied that an unpolished diamond may be exported as described in subsection (1), a registering officer will issue the exporter of that diamond with a temporary exemption certificate stipulating—

a)	that the diamond is not subject to section 48A;

b)	the value of that diamond as released for export in terms of section 69; and

c)	any other particulars required to be furnished by the Regulator in respect of that diamond.

(3) The exporter of an unpolished diamond that is exported as described in subsection (2) is in contravention of this Act if that diamond upon its re-importation is—

a)	not registered for import as described in section 61A on a date within the date determined by the Regulator as described in subsection (1) in respect of that diamond; or

b)	is physically different in any manner as of the date that diamond was released for export as described in section 69.

4)	If the exporter of any unpolished diamond that is exported as described in subsection (2) contravenes subsection (3), that exporter shall be subject to a fine equal to 25 per cent multiplied by that diamond's value as released for export in terms of section 69 of the Diamonds Act.

5)	The Regulator may reduce the fine described in subsection (4)(c) up to 20 percentage points if he or she is satisfied that an exporter contravened subsection (3) for reasons beyond the exporter's control.

6)	Any fine imposed in terms of this section shall be paid by the exporter concerned to the Regulator within 30 days of being notified by the Regulator that such amount is due.

7)	Any money paid to the Regulator as described in subsection (6) shall be paid into the National Revenue Fund within seven days after receipt thereof." .

5.	The Diamonds Act is hereby amended by the repeal of sections 62, 63, 66, 68, 93 and 95(h).

6.	Section 65 of the Diamonds Act is hereby amended by the substitution for the heading of section 65 of the following heading:

"Examination and valuation of unpolished diamonds for export.".

7. The Diamonds Act is hereby amended by the insertion after section 65 of the following section:

"Examination and valuation of unpolished diamonds for import

65A. (1) The registering officer or another person designated by the Regulator-

(a) shall examine; and

(b) may assess the value of,

any unpolished diamond registered for import as described in section 61A and verify any particulars furnished in respect -thereof.".

8. Section 67 of the Diamonds Act is hereby substituted with the following section:

"Fine in case of difference in values

67. (I) If the difference in value of any unpolished diamond-

a)	as specified in the return referred to in section 61(2) in relation to the value of that diamond as released for export in terms of section 69; or

as specified in the return referred to in section 61A(2) in relation to the value of that diamond as released for import in terms of section 69B, is greater than 20 per cent, the Regulator shall impose upon the exporter or importer concerned a fine equal to 20 per cent of the value of that diamond as released in terms of section 69 or section 69B (as the case may be).

(2) Any fine imposed in terms of this section shall be paid by the exporter or importer concerned to the Regulator within 30 days of the date that fine was imposed.

(3) Any money paid to the Regulator as described in subsection (2) shall be paid into the National Revenue Fund within seven days after receipt thereof.".

9. The Diamonds Act is hereby amended by the insertion after section 69A of the following section:

"Release of unpolished diamonds for import -

69B. (I) The registering officer shall not release any person's unpolished diamond for import unless-

a)	that unpolished diamond was registered for import as described in section 61A;

b)	all fines imposed on that person in terms of this Act have been paid;

c)	the provisions of any other law relating to the import of that unpolished diamond have been complied with;

d)	that unpolished diamond has been made up in a parcel in such manner as the registering officer may determine; and

e)	the prescribed certificate, which certifies that the unpolished diamond for import has been handled in a manner that satisfies the requirements of the Kimberly Process Certification Scheme, accompanies the , parcel contemplated in paragraph (d).

(2) The registering officer shall release an unpolished diamond for import by sealing the parcel contemplated in subsection (1)(d) with the seal of the Regulator." .

Act No. 29 of 2005

Diamonds Amendment Act, 2005

Section 61 of the Diamonds Amendment Act is hereby amended by the insertion after subsection (2) of the following subsection:

"(2)(A) Notwithstanding subsection (1), any exporter that desires to register any unpolished diamond for export that pursuant to section 74 is not subject to section 48A shall at any diamond exchange and export centre furnish the registering officer with a return on the prescribed form in respect of that diamond specifying the value of that diamond and declaring that the value so specified is to the best of his or her knowledge and belief the fair market value of that diamond.".

2. The Diamonds Amendment Act is hereby amended by the repeal of sections 66 and 68.

3. Section 69 of the Diamonds Amendment

Act is hereby amended by the insertion after subsection (2) of subsection (3):

"(3) Any packet contemplated in subsection (2) may not be exported from the Republic if a bill of entry delivered in terms of section 38(3)(a) of the Customs and Excise Act, 1964 (Act No. 91 of 1964) is not delivered in respect of that packet within 10 business days of the date the Regulator released that packet." .

Act No. 30 of 2005

Diamonds Second Amendment Act, 2005

The Diamonds Second Amendment Act is hereby amended by the insertion after section 74 of the following section:

"Relief for certificated purchases-

74A. Section 48A will not apply to any person in respect of any unpolished diamond that was purchased by that person pursuant to section 6 of the Levy Bill to the Diamond Export Levy Bill".

Diamond Export Levy (Administration) Act, 2007 (Act No. 14 of 2007)

Schedule

Amendment of laws