The requirements for importing in compliance with the KP are as follows:
- All imports and exports of rough diamonds must be accompanied by a Kimberley Process Certificate (KPC). The original KPC must be with the actual merchandise; copies will not suffice.
- Imports of rough diamonds must be in a sealed tamper-resistant container. A tamper-resistant container is defined as “packaging having an indicator or barrier to entry that could reasonably be expected to provide visible evidence that tampering had occurred. For example, packaging such as a re-sealable sandwich bag is not deemed tamper-resistant. Further, standard mailing and express consignment packaging alone is not considered as tamper-resistant.”
Rough diamonds may only be imported from, or exported to, countries that are participants in the KimberleyProcess and are not subject to further US restrictions. The recent FR notice can be found here that lists all Kimberley participants and those countries subject to US restrictions.
- All shipments of rough diamonds shall not be released from the custody of Customs and Border Protection (CBP) except by a formal entry for consumption (this is the step that involves a customs broker).
- Importers must fax a copy of all Kimberley Process certificates ( U.S. KPs and those received from other countries) to the U.S. Census Bureau at: 1-800-457-7328.
o This must be faxed after the arrival or export without delay.
- Rough Diamond importers and exporters must retain records of all Kimberley Process ( U.S. and foreign certificates for five years).
- An annual report must be filed with the Department of State by April 1, that report summarizes the previous year’s activity. The attached brochure contains the message that I read to you about this requirement.
Rough diamonds are unconditionally duty free, but a merchandise processing fee will apply. That fee currently does not exceed $485, and is calculated by multiplying the value of the merchandise by .3464%. There will be fees from the customs broker associated with filing a formal entry.