Customs Notice 24-05: New Sanctions under the Regulations Amending the Special Economic Measures (Russia) Regulations – Importation of Diamonds

Ottawa, March 1, 2024

1. To fulfil the commitment made by the G7 Leaders in 2023 to implement a prohibition on imports of Russian diamonds, the Government of Canada introduced the Regulations Amending the Special Economic Measures (Russia) Regulations.

2. The Canada Border Services Agency (CBSA) assists Global Affairs Canada with the administration of the Special Economic Measures Act (SEMA) and associated Regulations.

3. In accordance with the G7 commitment, as of September 1, 2024, the Regulations Amending the Special Economic Measures (Russia) Regulations prohibit the purchase, import, or acquisition of certain diamonds mined or produced in Russia that are exported, processed and/or polished in a third country. In particular, the prohibition applies to natural diamonds whose weight is greater than or equal to 0.5 carat that are covered under the following HS codes, as per the Customs Tariff.

• HS 7102.10.00.10 – Unsorted diamonds, whether or not worked, but not mounted or set, of a weight equal to or greater than 0.5 carat each
• HS 7102.31.00.10 – Non-industrial diamonds, unworked or simply sawn, cleaved or bruted, but not mounted or set, of a weight equal to or greater than 0.5 carat each
• HS 7102.39.00.30 – Non-industrial diamonds, not mounted or set, other than those unworked or simply sawn, cleaved or bruted, of a weight equal to or greater than 0.5 carat each

The prohibition applies to any person (individual or entity) in Canada as well as Canadians outside of Canada.

Exemption: The prohibitions do not apply to personal effects that are carried by an individual entering Canada and that are solely intended for the use of the individual or the individual's immediate family.

The prohibitions also do not apply to the import of these diamonds, if they were outside of Russia before the entry into force of the different stages of the G7 ban (legacy diamonds). Legacy diamond goods entering Canada may include:

• Diamonds of Russian or unknown origin of 1.0 carat weight or higher imported into a third country, excluding Russia, before March 1, 2024
• Diamonds of Russian or unknown origin of 0.5 carat weight or higher imported into a third country, excluding Russia, before September 1, 2024

4. When submitting import declarations to the CBSA for diamonds classified under the HS 7102.39.00.30, importers and customs brokers are required to use a paper release service option (please refer to the Memorandum D17-1-4 Release of Commercial Goods and Customs Notice 23-26 for details) rather than using an electronic release service option until further notice.

5. Integrated Import Declarations for rough diamonds classified under HS 7102.10 and HS 7102.31 may continue to be submitted to the CBSA via Single Window Initiative (service option 911).

6. To facilitate/expedite the release process of diamonds subject to sanctions that are of size equal to or greater than 0.5 carat under HS 7102.39.00.30, as well as rough diamonds of mixed origin, and diamonds covered by the exemption, importers and customs brokers are strongly encouraged to provide to the CBSA, a Diamond Origin Attestation form included in the Appendix A of this notice.

7. Importers, carriers or customs brokers may also be requested to provide additional documentary evidence (please refer to the Global Affairs Canada's web page Canadian Sanctions Related to Russia for details) to confirm that diamonds did not originate in Russia; or, if they originated in Russia or the origin is unknown to demonstrate that they comply with conditions outlined in paragraph 3 above; this documentary evidence could include the following information and/or documents:

• Diamond Origin Attestation form
• G7 Certificate
• GF Certificate (for legacy diamonds)
• Mining origin (country where the diamond was originally mined)
• Names of buyer and seller
• HS codes and description
• Number of parcels in a shipment
• Weight in carat of the diamond(s) if at least one diamond is of 0.5 carat or above (if multiple diamonds are shipped in a parcel)
• Value of the diamonds
• Place of importation, exportation, and route of transportation
• Laboratory grading
• Invoice
• Packing list
• Transportation documents
• Proof of inheritance
• Audited stock / inventory account report
• Sorting memo
• Grading report

8. Failure to provide the Diamond Origin Attestation or any requested supporting documentation may result in significant delays in release of goods, detention, and potentially seizure of goods for non-compliance with SEMA.

9. For more information relating to sanctions or the process to apply for a permit or certificate under SEMA, please contact:

Sanctions Policy and Operations Coordination Division
Global Affairs Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, ON  K1A 0G2

Telephone: 1-877-808-8838 (toll-free)
Email: sanctions@international.gc.ca
Website: Global Affairs Canada

10. For more information regarding the CBSA's programs and services, please contact the Border Information Service (BIS) line. Within Canada, you can call BIS toll-free at 1-800-461-9999. From outside Canada, please call 204-983-3500 or 506-636-5064 (long-distance charges will apply). Agents are available Monday to Friday (08:00 to 16:00 local time, except holidays). TTY is also available within Canada at 1-866-335-3237.