Reminder/FAQs: Annual Rough Diamond Trading Reports Due on April 1, 2011
Pursuant to 31 C.F.R. § 592.502, any person who imported rough diamonds into, or exported rough diamonds from, the United States in 2010 is reminded of the requirement to file an annual report concerning this activity. Reports are due by April 1, 2011, to the State Department’s Special Advisor for Conflict Diamonds via e-mail at USKimberleyProcess@state.gov. Complete details concerning the report are set forth in the regulation, which can be found at: http://edocket.access.gpo.gov/2008/E8-11318.htm.
Please direct questions concerning this requirement to: 202-647-2856 or 202-736-4052.
FREQUENTLY ASKED QUESTIONS CONCERNING THE ANNUAL REPORT
Q: Is the phone number listed in the regulations, 202-647-1713, the correct number to call with my questions?
A: No. The number has changed and will be officially updated in due course. In the meantime, questions should be directed to 202-647-2856 or 202-736-4052.
Q: I am not a diamond trader but bought one low-value rough diamond on the Internet as a gift for a family member. I filed all my paperwork with both Customs and Census; am I required to submit this report to the State Department, too?
A: Yes. Although we understand that the multiple levels of required paperwork can be frustrating, especially for low value or gift purchases, the annual report was implemented in response to Government Accountability Office recommendations that further efforts could ensure that the rough diamond trade into and out of the United States was properly regulated and in line with the Kimberley Process Certification Scheme.
Q: I did not realize I was required to file paperwork with Customs and Census; if I didn’t, will this report to State satisfy those other requirements?
A: The annual report to State does not satisfy the requirements to report to Customs and Census. You can find a complete description of all requirements for imports and exports in a handy brochure found at: http://www.state.gov/documents/organization/105827.pdf. If you did not comply with the requirements, please contact the relevant agency at the number provided in the brochure.
Q: Okay, I did do everything right at the time, but if I am not a company or professional diamond trader, is my one-time Internet purchase that came to me through an express courier considered an “import?” If I then returned it to sender, is that an “export?’
A: Yes, this purchase and subsequent return to sender are considered, respectively, an “import” and “export.” For the purposes of these regulations, an import occurs when an item is brought into the United States, and an export occurs when an item crosses a border out of the United States. Even if you are not a professional or corporate diamond trader, you can still engage in an import or export. See, e.g., 31 C.F.R. § 592.305.
Q: If I have a single rough diamond, does this count as a “stockpile?”
A: Yes. For purposes of these regulations and this report, any rough diamond (whether personal or commercial) that you hold, even for personal use, at the end of the reporting period is considered a “stockpile” for these purposes.
Q: If I have a stockpile of rough diamonds, but did not import or export any rough diamonds in 2010, do I need to file the report?
A: No. You need to report only if you imported or exported during calendar year 2010. If you simply maintained an existing “stockpile,” no report is necessary.
Q: Do you need a copy of the Kimberley Process Certificate(s) and other paperwork I received when I file the report?
A: No. You only need to send an e-mail that includes the data requested in the regulation.