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2004 No. 686

FEES AND CHARGES

The Kimberley Process (Fees) Regulations 2004

  Made 8th March 2004 
  Laid before Parliament 11th March 2004 
  Coming into force 1st April 2004 

The Secretary of State, in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973[1] with the consent of the Treasury, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Kimberley Process (Fees) Regulations 2004 and shall come into force on 1st April 2004.

Interpretation
    
2.  - (1) In these Regulations - 

    (2) Unless the context otherwise requires, expressions used in these Regulations, and which are also used in the Principal Regulation, shall have the meaning they bear in that Regulation.

Prescription of fees
     3. The fees specified in column 2 of the Schedule to these Regulations are hereby prescribed as the fees payable in connection with the services provided by the Department in pursuance of the United Kingdom's Community obligations arising from Article 12 of the Principal Regulation, each fee specified in column 2 of that Schedule being the fee payable in connection with the service specified alongside that fee in column 1 of that Schedule.

Payment of fees
    
4. A fee payable under regulation 3 above shall be paid to the Department at the same time that the application to which it related is made to the Department.

Revocation
    
5. The Kimberley Process (Fees) Regulations 2003[3] are hereby revoked.



Signed by authority of the Secretary of State


Denis MacShane[a]
Minister of State, Foreign and Commonwealth Office

8th March 2004



We consent to the making of these Regulations


Jim Murphy

John Heppell
Two of the Lords Commissioners of Her Majesty's Treasury

8th March 2004



SCHEDULE
Regulation 3


PRESCRIBED FEES


Column 1 Column 2
Description of Service Fee
     1. Issue of a Community Certificate accompanying a shipment with a declared value of up to US$10,000

£10 per certificate (previously £5)
     2. Issue of a Community Certificate accompanying a shipment with a declared value of between US$10,001 and US$100,000

£15 per certificate (previously £10)
     3. Issue of a Community Certificate accompanying a shipment with a declared value above US$100,000

£25 per certificate (previously £15)



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prescribe fees to be paid to the Foreign and Commonwealth Office in connection with the issue of certificates by the Department in pursuance of the Community obligations of the United Kingdom under Council Regulation (EC) No. 2368/2002 ("the Principal Regulation") implementing the Kimberley Process certification scheme for the international trade in rough diamonds. The fees prescribed are in connection with the issue of Community Certificates under Article 12 of the Principal Regulation.

Fees in connection with the issue of such certificates were first prescribed in the Kimberley Process (Fees) Regulations 2003, which are revoked by these Regulations. The present Regulations prescribe higher fees than the 2003 Regulations; previous charges are indicated in brackets in the Schedule of Prescribed Fees.

A Regulatory Impact Assessment has been prepared in respect of the 2003 Regulations. Copies of this assessment may be obtained from the Government Diamond Office, United Nations Department, Foreign and Commonwealth Office, King Charles Street, London SW1A 2AH.


Notes:

[1] 1973 c. 51.back

[2] OJ No. L358/28, 31.12.02.back

[3] S.I. 2003/2327.back


[a] Amended by Correction Slip. Page 2, the Minister's name in the first signature block should read "Denis MacShane". back



ISBN 0 11 048862 8


  © Crown copyright 2004

Prepared 17 March 2004


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