The Kimberley Diamond Act of 2003 also known as the "Kimberley Process" makes it possible for global law enforcement agencies to arrest diamond smugglers when they are caught. Without the legislation, people caught smuggling diamonds into the United States for example might only be charged with violating the Currency and Foreign Transaction Reporting Act which declares that it is illegal to bring more than $10K in "monetary instruments" into the United States without declaring it on a customs form.

Failure to report the possession of more than ten thousand dollars of monetary instruments can result in civil and criminal penalties and may lead to forfeiture of your monetary instrument(s). No doubt that drug smugglers and diamond smugglers give this one a lot of thought.  But just for the record, The Clean Diamond Trade Act which was enacted by the United States to support the provisions of the Kimberly Diamond Act provides for criminal penalties of $50,000 per count for corporations and individuals and/or ten years imprisonment for individuals. Civil penalties of up to $10,000 per violation may be imposed on any person who violates, or attempts to violate, any order or regulation issued under the Act. In addition, those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws apply with respect to rough diamonds imported in violation of the Act. Moreover, 18 U.S.C. 3571 provides that organizations or individuals convicted of violating a criminal statute may be fined the greater of the amount specified in the statute, or twice the pecuniary gain or loss from the violation, or $500,000 for felonies and that individuals may be fined $250,000 for felonies. Finally, 18 U.S.C. 1001 provides for five years’ imprisonment and a $10,000 criminal fine for knowingly making false statements or falsifying or concealing material facts with respect to an any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States.

The reason we're explaining this is to make the point that without legislation like the Kimberly Diamond Act and the Clean Diamond Trade Act, law enforcement agencies would not have the ammunition required to go after diamond smugglers when they're caught.

< Prev		Next >