This regulation is to give effect to section 223(1) of the Mining Act in so far as it relates to dealings in minerals. Essentially, it is to provide for the scope (application of these regulations), procedures to be followed by a person who requires a licence or permit to deal in a mineral, the qualifications, the various forms that are required to accompany an application, the terms and conditions, renewal, revocation and the reporting requirements by the holder of the licence or permit as the case may be. How to Obtain a Diamond Export Permit in Kenya The scope or application of these regulations is largely informed by the definitions of a mineral dealer and mineral dealings in the interpretation section of the Mining Act and also sections 158(1), 164, 171(1) and 172 of the Act. The regulations shall not apply to the import and export of rough diamonds. This is because any dealing in diamonds which includes the shipment (import and export of rough diamonds into or from Kenya) has to be governed by the Kimberley Process Certification Scheme. In any case, section 171(4) covers this somewhat, albeit in relation to exports. Currently, there is no diamond dealer’s licence that has been issued under Cap 306 although there are number of applications pending at the Ministry of Mining. A separate regulation will be written to deal with dealings in diamonds under the Kimberley Process. In summary, these regulations are to apply to the following dealings in minerals: (a) the export by a holder of a mining licence, mining permit and artisanal mining permit ; (b) the removal of minerals by a holder of a mineral right for the purposes of sampling, assay or analysis; (c) the buying and selling of any mineral in Kenya or export by a person other than a holder of a mineral right: (d) the import of any mineral; and (e) any other person who is not a holder of a mineral right, dealers licences and permits but requires the removal of minerals for analysis or testing for purposes other than exploration or mining. The regulations cover the following specific licences or permits as the case may be: Page 2 (a) Mineral dealer’s licence; (b) Mineral dealer’s permit; (c) Export permit; and (d) Import permit Table of Contents/Arrangement of Regulations
Application of Regulations
Applications for Dealings in Minerals
Purpose of a Mineral Dealer’s Licence
Form of a Mineral Dealer’s Licence
Term of Mineral Dealer’s Licence
Application for Mineral Dealer’s Licence
Rights and Obligations of a Holder of Mineral Dealer’s Licence
Renewal of a Mineral Dealer’s Licence
Purpose of a Mineral Dealer’s Permit
Qualification for a grant of a Mineral Dealer’s Permit
Form of a Mineral Dealer’s Permit
Term of a Mineral Dealer’s Permit
Application for Mineral Dealer’s Permit
Rights and Obligations of a Holder of a Mineral Dealer’s Permit
Renewal of a Mineral Dealer’s Permit
Export of Minerals
Qualifications for the grant of an Export Permit
Application for an Export Permit
Form of an Export Permit
Records and Reporting Requirements
Import of Minerals
Sale of Minerals by Holders of Artisanal Mining Permits
Records and Reporting Requirements
Mineral Samples Page 3
Savings and Transitional Provisions Forms
Contact the office of the Commissioner of Mines & Geology, Chief Mining Engineer and Warden of Mines Resolution Criteria:
Approval of the export permit by the Commissioner
Lodging (on-line) and passing of the Customs’ documentation for the export consignment through the Customs’ Simba System
Office Locations & Contacts
Mines & Geology department Physical Address: Madini House, Machakos Road, Industrial Area Postal Address: P.O. Box 30009-00100, Nairobi Kenya City: Nairobi City County Tel: +254-020-558034, 558787, 556326, 650825 Email Address: email@example.com Website: http://www.minesgeology.go.ke , http://www.mining.go.ke/ Operating Hours: 8.00 a.m. – 1.00 p.m. and 2 p.m. 5 p.m. excluding weekends and public holidays. Directions: View Directions
Licensed diamond miner or holder of a special diamond dealers license incorporating export license.
Lodge with the commissioner five copies of dully filled application forms for export permit for the diamond
Agency: Mines & Geology department
Full name and address of the applicant
Name and full address of firm/principal
Quantity by weight of diamond(s) in metric carats
Type(s) and number of packages
Number of pieces, specifications/description
Name(s) and locality of mine(s), name and address of supplier(s)
Name and full postal address of consignee
Agent and place of export
F.O.B. value in Kenya shillings and U.S. dollars
Need for the Document
No person should export any diamond unless he holds a permit issued to do so, in the prescribed form, by the Commissioner, who may at any time, without assigning a reason, refuse to issue the permit.
Information which might help
Subject to the provisions of the Criminal Procedure Code (Cap. 75), any offence under the Diamond Industry Protection Act or any regulations made thereunder shall be triable by a subordinate court of the first class.
Other uses of the Document/Certificate
Purpose: Authority to Export a given diamond consignment.
The Minister may make regulations prescribing anything which is to be or may be prescribed under the Diamond Industry Protection Act, and generally for better carrying into effect the provisions of this Act.
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