2015 Final Communique Plenary Session Luanda

Final Communiqué
from the Kimberley Process Plenary Meeting
20 November 2015 Luanda – Angola

1. The thirteenth Kimberley Process (KP) Plenary Meeting convened from Nov. 16-20, 2015 in Luanda, Republic of Angola. Delegations from KP Participants and Observers along with the Bolivarian Republic of Venezuela, Mozambique, the United Nations Group of Experts on the Cote d’Ivoire, the Gemological Institute of America (GIA) and Interpol attended as Guests of the Chair.
2. The Committee on Participation and Chairmanship (CPC), the Committee on Rules and Procedures (CRP), Working Group on Monitoring (WGM), the Working Group on Statistics (WGS), Working Group on Artisanal and Alluvial Production (WGAAP) and Working Group of Diamond Experts (WGDE) and Monitoring Team on the Central African Republic held meetings.
3. The Plenary Opening welcomed Dr. Job Graça, Minister of Planning and Territorial Development in representation of the President of the Republic of Angola, Eng. Jose Eduardo Dos Santos, Dra. Njiila de Carvalho, Vice Governor of Luanda to deliver speeches. The Opening and Closing of the Plenary were presided by KP 2015 Chairperson Eng. Bernardo Francisco Campos.
4. The Plenary accepted the request of the Committee on Rules and Procedures that the Chairs of other working bodies should submit information how they consult external organizations according to their mandate and the requirements of the KPCS, and the procedure of establishing such relations, and submit it to Kimberley Process Chair and the Committee on Rules and Procedures.
   The Committee on Rules and Procedures should continue discussions on this issue based on the information received from the chairs of the other working bodies.
5. The Plenary approved the revision to the Administrative Decision on Rules and Criteria for Selecting candidates for Vice-Chair of the Kimberley Process submitted by the Committee on Rules and Procedures.
   The Committee on rules and procedures should continue discussions on criteria for selecting candidates for Vice-Chair of the Kimberley Process.
6. The Plenary accepts the recommendation of the CRP that the ASM should make available on the KP website an official list of participants signed by the KP chair.
7. The Plenary noted that WGAAP participants are encouraged to address the challenges of the Artisanal and Small-scale Mining by implementing the recommendations of the Moscow Declaration.
8. The Plenary noted that WGAAP participants are also encouraged to implement the recommendations of the Washington Declaration in order to enhance the sustainable development of the Artisanal and Small-scale Mining. The Plenary noted that the WGAAP was briefed about artisanal mining activities in Sierra Leone and the implementation of DDI’s Development Diamond Standards.
9. The Plenary welcomed the decision of the Working Group on Monitoring (WGM) to accept the Republic of Angola, the Republic of Cameroon and the African Diamond Producers’ Association (ADPA) as WGM members, in accordance with the group’s revised Terms of Reference. The Plenary also welcomed the WGM’s decision to accept the Diamond Development Initiative (DDI) as a provisional member.
10. The Plenary took note of the results of the 2015 annual reporting exercise, as the main comprehensive and regular source of information on KPCS implementation by Participants, and welcomed the submission of annual reports on KPCS implementation in 2014 by 52 Participants representing 79 countries. The Plenary noted that the WGM had requested the Committee on Participation and Chairmanship (CPC) to deal with the one case of late submission. The Plenary reviewed the assessment of annual reports and encouraged Participants to continue submitting substantive annual reports on national KPCS implementation.
11. Participants and Observers expressed their satisfaction with the Guidance Note on the new template for annual reporting welcomed by the Guangzhou Plenary (November 2014), noting that it contains useful suggestions as to the depth and detail of information to be provided and had helped to enhance the assessment mechanism.
12. The Plenary took note of the annual reports as submitted by the World Diamond Council (WDC) and the Civil Society Coalition on their respective activities in support of KPCS implementation, in line with the 2009 Administrative Decision (AD) on activities of Observers.
13. The Plenary took note of reports on the review visits conducted in South Africa, China, Guinea and Australia, and invited these four Participants to report back on implementation of the recommendations at the next Inter-sessional, in line with the revised AD on Peer Review. Furthermore, the Plenary took note of reports on the preliminary findings and observations on the review visits conducted in Swaziland, the European Union, the United Arab Emirates, Mexico, Armenia and the Republic of Congo, and requested the respective review visit teams to finalise their reports before the end of the year.
14. The Plenary welcomed the expressions of interest for hosting a review visit from the Democratic Republic of Congo (DRC), Lesotho, Sierra Leone, Tanzania, Norway, Togo, Cameroon, Panama, Ghana and Turkey as well as Belarus, Brazil, the Lao People’s Democratic Republic (PDR), Mauritius and Japan. The Plenary welcomed the commitment made by those countries to continuously open their certification systems to review and improvements, and called upon other Participants to continue inviting review visits under the KP’s Peer Review System.
15. The Plenary took note of the initial discussion in the WGM on draft “Guidelines” the organisation and conduct of review visits”, as prepared by representatives from Participants and Observers who took part in a study tour hosted by Australia in September 2014. The Plenary encouraged Participants to provide comments and share best practice examples that would further inform the discussion on these Guidelines.
16. The Plenary took note of a report on the preliminary findings and observations of the review visit to Côte d’Ivoire, conducted as per the United Nations (UN) Security Council Resolution 2153 (2014). The Plenary encouraged Côte d’Ivoire to further implement its transition strategy and post-UN embargo Action Plan and requested the review visit team to finalise its report before the end of the year.
17. The Plenary took note of recent steps taken by the Mano River Union (MRU) countries (Côte d’Ivoire, Guinea, Liberia and Sierra Leone) to create a new impetus for further regional cooperation to KPCS compliance, an initiative that has been highlighted by the UN Security Council in Resolution 2153 (2014), which lifted the embargo on the export of rough diamonds from Côte d’Ivoire. The Plenary welcomed the continuous support to the MRU countries provided by the WGM Technical Team and the “Friends of MRU” group, in particular ongoing efforts to formalize the role of the MRU Secretariat and involve other implementing partners and/or technical assistance providers. The Plenary expressed its appreciation to the Republic of Angola for facilitating the Mano River Union coordination meetings.
18. The Plenary noted that the WGM was updated on the ongoing and planned activities of the Property Rights and Artisanal Diamond Development (PRADD) project – co-funded by the United States (US) and the European Union (EU) – on support to two of the MRU countries. The Plenary encouraged the US and the EU as well as other donors and/or technical assistance providers to continue this work, and also encouraged other Participants and Observers to work with the MRU countries on their technical assistance needs.
19. The Plenary took note of a report on the preliminary findings and observations of the review mission conducted in the Central African Republic (CAR). The Plenary encouraged CAR to further implement its Work Plan and roadmap for strengthening the internal control system and requested the review mission team to finalise its report before the end of the year.
20. The Plenary took note of the steps taken by CAR’s Follow-Up Committee and the KP Monitoring Team consistent with the Terms of Reference of the Team to implement the Administrative Decision on Resumption of Exports of Rough Diamonds from CAR as approved through written procedure on 17 July 2015. The Plenary encouraged CAR’s KP authorities to continue implementing the AD and to share any relevant information and data with the KP Monitoring Team. The Plenary invited the KP Monitoring Team to continue executing its responsibilities as outlined in the AD and proceed with the planning of a field mission to diamond producing areas in CAR as soon as possible, in order to verify the situation on the ground with a view to validating the country’s proposal for determining “Compliant Zones” from which the export of rough diamonds could resume.
21. The Plenary took note that the Republic of Angola has been providing technical assistance and logistical support to CAR and that the United States plans to resume the PRADD project in CAR with a view to enhancing CAR’s capacity and assisting CAR with the implementation of the AD and Operational Framework for the resumption of exports of rough diamonds. The Plenary encouraged other Participants and Observers also to consider providing similar or other technical assistance.
22. The Plenary encouraged CAR and the KP Monitoring Team to continue working closely together with relevant United Nations actors – notably MINUSCA and the U.N. Panel of Experts established pursuant to UNSC Resolution 2127 (2013), the international community, and neighbouring countries on KPCS compliance issues with a regional dimension.
23. The Plenary agreed to engage with the Financial Action Task Force (FATF) by inviting the authors of their report related to risks associated with the supply chain of rough diamonds for a discussion at the next Inter- sessional. The Plenary took note of the actions agreed by the WGM and the WGDE within the KP mandate to address certain issues raised by the FATF in its report.
24. The Plenary welcomed the re-activation of the technical expert team on Internet trading, mandated by the WGM to conduct research on the issue of cross-border e-commerce involving rough diamonds. The Plenary encouraged the group to continue its research and to report on progress at the next Plenary meeting. In this context, the Plenary acknowledged the recent contribution made by the People’s Republic of China.
25. The Plenary reaffirmed its commitment to continue dialogue on decision- making and the conflict diamond definition in accordance with paragraph 33 of the Johannesburg Plenary Communiqué (November 2013).
26. The Plenary took note of the important work of the WGDE scientific sub- group concerning the development of a fingerprint of diamonds from the Central African Republic as requested per the “Administrative Decision on ensuring that diamonds from the Central African Republic are not introduced in the legitimate trade (2014)”. The Plenary welcomed the positive results obtained at the MINTEK-laboratory in South Africa, that hold the promise of yielding an important tool in detecting smuggled diamonds from CAR in the legitimate diamond trade. The Plenary thanked South Africa and MINTEK for its endeavours and requests diamond- producing Participants that are neighbouring CAR and others, to make samples available of their own diamond production to establish a comprehensive reference diamond fingerprint database.
27. The WGDE informed the Plenary about the developments in improving the footprint of the eastern and western production zones in CAR, and about the creation of a dedicated space on the KP website by the ASM. This database contains a statistical footprint data and digital pictures that can be used to support and enhance vigilance by Participants.
28. The Plenary welcomed the availability of WGDE specialised diamond experts that will examine and verify, on behalf of the KP MT on CAR, monthly export shipments from compliant zones in CAR, and while so doing, fine-tune the production footprint of the compliant zones. The WGDE further informed the Plenary about the other on-going footprinting projects in the DRC and West Africa.
29. In line with the mandate obtained at the 2014 Guangzhou Plenary meeting, the WGDE subgroup on valuation met to map current valuation methods across Participants when determining value in USD on KP certificates.
    The WGDE subgroup on valuation informed the Plenary about the mid term results of the valuation survey that was launched at the 2015 Intersessional. The Plenary noted that so far only 22 Participants completed the survey and urged all non-respondent Participants to do so before March 2016, in order to complement the mapping of valuation methodologies and to report about progress at the 2016 Intersessional.
30. The Plenary was informed by the WGDE on the results of the survey on procedures related to the forfeiture/confiscation of rough diamonds by Participants and took note of the reiteration by the KP that no conflict diamonds should, under any circumstances, enter the legitimate diamond trade.
31. The Plenary noted the discussion in WGDE and informed the Plenary on discussions on the use of Technical Certificates for research purposes and its possible impact on statistics and monitoring thereby involving WGS and WGM.
32. The Plenary took note of the work undertaken by the WGDE in assessing the FATF/Egmont (2013) report in the context of on-going efforts to further strengthen KPCS implementation.
33. The Plenary took note of the acceptance by the WGDE of Tanzania as provisional member in accordance with the AD on KP Participants’ applications for membership, and participation of KP working bodies (2013).
34. The Plenary noted that the mandate of the Administrative Support Mechanism (ASM), hosted by the WDC, expires in 2016, and extends the mandate of the ASM for an additional three years after the expiration date to Plenary 2019. ASM annual reports are to be submitted to the Chair.
35. The Plenary thanked Angola as the KP Chair for liaising with the Bolivarian Republic of Venezuela and for providing technical assistance and welcomed Venezuela’s senior delegation participation in the Plenary. Further the Plenary acknowledged Venezuela’s positive efforts towards fully participating in the KP. The KP noted the plans to send a Review Mission no later than the end of the first quarter of 2016.
36. The Plenary noted that Liechtenstein informed both the CPC and the KP Chair that it refrains from applying for membership of the Kimberley Process.
37. The Plenary noted Mozambique as the applicant for KPCS had taking continuous efforts in its capacity building to meet KP minimum requirements, and its invitation to an Expert Mission. Angola provided technical assistance to Mozambique.
38. The Plenary noted that Gabon had sent an application letter to KP Chair seeking to join the KP, and welcomed Angola as the CPC Chair for 2016. As CPC Chair Angola intends to contact Gabon to offer technical assistance.
39. The Plenary welcomed the United Arab Emirates as the new KP Chair for 2016 and the Commonwealth of Australia as the KP Vice Chair for 2016 and the KP Chair for 2017.
40. The Plenary recalls that host countries should facilitate entry formalities for those attending KPCS meetings.
41. The Plenary reaffirmed its commitment to the tri-partite structure of the KP. The Plenary took note that the CSC has reservations about the UAE’s KP chairmanship in 2016 and welcomed the offer by the WDC to mediate between the UAE and the CSC in order to find a way forward for future engagements.
42. The Plenary noted the completion of 33 Participant statistical analyses for 2014 with 13 responses received to date. The WGS awaits the responses from 20 Participants. There are 17 analyses remaining to be completed.
43. The Plenary noted the statistical data of the following KP Participants has not been reported:

2013

• Central African Republic (Q1 Trade and Certificate Count and H1 Production)

2014

• Indonesia (Q1, Q2, Q3, Q4 Trade and Certificate Count)
• Liberia (Q3 Trade and Certificate Count)
• Togo (H2 Production)

2015

• Armenia (Q2 Certificate Count)
• Bangladesh (Q2 Trade and Certificate Count)
• Brazil (Q2 Trade and Certificate Count and H1 Production)
• Guinea (H1 Production)
• Indonesia (Q1, Q2 Trade and Certificate Count and H1 Production)
• Kazakhstan (Q2 Trade and Certificate Count)
• Laos (Q1 and Q2 Trade and Certificate Count)
• Malaysia (Q1, Q2 Trade and Certificate Count)
• Mali (Q1, Q2 Trade and Certificate Count)
• Panama (Q2 Certificate Count)
• Togo (Q1 Certificate Count and H1 Production)
• Ukraine (Q2 Trade and Certificate Count)

The WGS request that the CPC implement the November 2005 Administrative Decision guidelines with respect to statistical non- compliance to address this issue. However, the WGS was notified by a representative from Lesotho that they have reported their missing data to the KP Rough Diamond Website. This information has been verified. Therefore, the WGS requests that the CPC remove Lesotho from their non-compliant list.

44. The Plenary noted the WGS initiated the third iteration of the annual Data Anomaly Questionnaire (DAQ) Process, which is used to identify anomalies/discrepancies in reported KP statistics. Based on data submitted by Participants to date, the WGS developed, reviewed and analyze the DAQ tables for KP participants identified as having significant anomalies in their reported data. These Participants should receive a questionnaire based on their anomaly in accordance with the 2012 Administrative Decision on the Data Anomaly Questionnaire Process in the near future.
45. The Plenary noted that the WGS has made minor revisions to the template of charts and tables that will be used by WGS members in the preparation of the annual statistical analyses. The automation of this process should reduce the burden on WGS members during their preparation of the annual statistical analyses.
46. In accordance with the 2013 AD Relating to Chairmanship of the Kimberley Process Working Bodies, the WGS is soliciting volunteers for the positions of Chair and Vice Chair of the WGS. The procedures should be as laid down in the terms of the 2013 AD. The United States of America will facilitate the transfer of the statistical website, including the technical aspects.
47. The Plenary noted the continued efforts by the WGS in providing outreach and education to members. In an open forum, the WGS provided an overview of the tools and options available on the KP Rough Diamond Website and held discussions on statistical reporting of Production, Trade and of the KP Certificate Count statistics. The WGS provided a demonstration on entering KP statistics in the website, review of the statistical tables and feedback on common mistakes made by participants when submitting their data. The WGS received positive feedback on the session.
48. The Plenary noted WGS efforts to enhance the reconciliation of KP statistics among Participants. The European Union shared its information on their reconciliation exercise undertaken with its trading partners. The WGS decided to carry out a survey for all participants on data reconciliation practices in order to develop guidelines for best practices.
49. The Plenary noted WGS efforts to develop a methodology to address its mandate to monitor and assess the risk of diamonds from the Central African Republic (CAR) infiltrating the legitimate trade. In this context, Canada demonstrated a statistical tool that it developed jointly with the United States of America based on quarterly data submitted by KP Participants to the statistical website. The tool is expected to facilitate in identifying irregularities in trade reported by KP Participants concerning CAR, and may also be used in a more general fashion to analyze KP data by all Participants.
50. The Plenary expressed its appreciation to the Republic of Angola for hosting the seminars held during the Intersessional meeting on the Voluntary Principles on Security and Human Rights, and the seminar on counter-terrorist financing and anti-money laundering related to the trade in rough-diamonds.
51. The Plenary thanked the Gemological Institute of America for the Rough Diamond Seminar offered to the KP and its course for WGAAP members and Observers.
52. The Plenary thanked Interpol for its presentation encouraging closer cooperation between law enforcement and customs agencies of Participants and Interpol’s online training tool.
53. The Plenary was detailed informed and noted that the strategic idea of creation of the Kimberley Process was given by the President of the Republic of Angola, Jose Eduardo dos Santos, to the Ambassador Robert Fowler in the year 2000 and the name of this institution was given in homage to the city that hosted the first meeting for the implementation of the strategic idea of KP.
54. The Plenary thanked the Republic of Angola for hosting the Plenary meeting and appreciated the hospitality extended to the delegates.