Identifier
Created
Classification
Origin
06ACCRA2954
2006-12-11 17:25:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Accra
Cable title:  

GHANA: PRECIOUS MINERALS MARKETING COMPANY OUTLINES

Tags:  EMIN ECON EFIN AO GH 
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VZCZCXRO1921
RR RUEHMA RUEHPA
DE RUEHAR #2954/01 3451725
ZNR UUUUU ZZH
R 111725Z DEC 06
FM AMEMBASSY ACCRA
TO RUEHC/SECSTATE WASHDC 3182
INFO RUEHZK/ECOWAS COLLECTIVE
UNCLAS SECTION 01 OF 04 ACCRA 002954 

SIPDIS

SENSITIVE
SIPDIS

EB for Sue Saarnia, AF for Carol Trimble

E.O. 12958: N/A
TAGS: EMIN ECON EFIN AO GH
SUBJECT: GHANA: PRECIOUS MINERALS MARKETING COMPANY OUTLINES
KIMBERLEY PROCESS COMPLIANCE MEASURES

REFS: A) STATE 176544 B) STATE 176793 C) ACCRA 02616

UNCLAS SECTION 01 OF 04 ACCRA 002954

SIPDIS

SENSITIVE
SIPDIS

EB for Sue Saarnia, AF for Carol Trimble

E.O. 12958: N/A
TAGS: EMIN ECON EFIN AO GH
SUBJECT: GHANA: PRECIOUS MINERALS MARKETING COMPANY OUTLINES
KIMBERLEY PROCESS COMPLIANCE MEASURES

REFS: A) STATE 176544 B) STATE 176793 C) ACCRA 02616


1. (U) SUMMARY: EconChief and EconOff met with Acting Managing
Director Aristotle Kotey and Deputy Managing Director (Operations)
George Asante of the Precious Minerals Marketing Company Ltd. (PMMC)
on December 6, 2006, to discuss the actions Ghana has taken to
ensure compliance with the minimum requirements of the Kimberley
Process. Triggered by concerns about conflict diamonds transshipped
from Cote D'Ivoire alleged by the United Nations in an October 2006
report, as well as weak internal controls noted by a Kimberley
Process (KP) delegation in Ghana in late 2005, Ghana is following an
Action Plan agreed upon in November 2006 by the KP Plenary in
Botswana (see paragraph 9). PMMC representatives reported on the
following activities to that end: digitally photographing all
diamond exports, conducting training sessions on the new reporting
system to track sales, licensing 350 previously unregulated
middlemen diamond buyers and sellers, defining a system to collect
independent production figures, and forming a Joint Task Force to
oversee implementation of the Action Plan. END SUMMARY.


2. (U) During Ghana's three month grace period, which ends February
14, 2007, three one-week-long visits are scheduled by World Diamond
Council (WDC) experts to examine, and photograph, the contents of
outbound diamond shipments. The first visit began December 4.
Exports are only permitted from Ghana during these one-week
monitored periods. If Ghana fails to bring itself into compliance
with KP standards, it risks being prohibited from exporting diamonds
to KP countries. A European Commission expert will arrive in Ghana
around December 11 to provide high-level policy advice about
internal controls and KP standards.


3. (SBU) EconOff met with Andrew Coxon and Frank Govic, the two
World Diamond Council Expert Ghana representatives, on December 8.
During the first of three reporting visits, they photographed
Ghanaian diamonds for export, focusing on the qualities of typical
Ghanaian diamonds. The experts suggested to the PMMC that it begin
to accumulate a pictoral library of Ghanaian diamonds. They noted

two industry practices that make Ghanaian (or any country's
diamonds) diamonds difficult to identify once exported. First, the
boiling diamonds in hydrofluoric acid to remove residue, which is
now occurring at PMMC. This is a regular industry practice that
creates a shinier, more uniform appearance, with the illusion of
higher value, but also makes it more difficult to discern the point
of origin. Second, if the diamonds have been grouped into
categories according to use (e.g. separated into round versus broken
stones),the point of origin is difficult to decipher as the typical
mix of size and quality that an expert would expect to see from a
particular area can no longer be used as a clue.


4. (SBU) On the positive side, the WDC experts indicated clear
distinctions that help identify Ivorian diamonds. Ivorian diamonds
come from one of two regions: Seguela, which typically produces
higher carat size, rounded diamonds with a green skin due to
radiation exposure, making them easily distinguishable from Ghanaian
diamonds; and Tortiya, which produces brown rough diamonds, more
similar to Ghanaian goods, but generally of a higher carat size and
price. While the average price of a Ghanaian diamond is $30-40,
Ivorian diamonds are $150-200 because of their higher average size.
Both experts told EconOff they were impressed with the organization
of Ghana's efforts to meet KP standards, especially compared with
other African countries and two recently visited South American
countries.


5. (SBU) In addition to providing technical assistance on
photography, the experts suggested to PMMC that if duty taxes on
diamond exports are raised (from 2 percent to up to 3 percent, the
generally accepted worldwide figure),one-half percent be invested
into the Ghanaian diamond industry, for example, for prospecting.


--------------
New Reporting Methods
--------------


6. (U) Between November 28 and 30, PMMC representatives visited
Akwatia, the region where approximately 90% of Ghana's diamonds are
mined. On November 28, an educational program was conducted for
diamond buyers and sellers. It was also attended by members of the
police force and Bureau of National Investigation. The program
introduced a new licensing and record-keeping system for middlemen
who buy and sell diamonds in Akwatia, including new forms to record
diamond purchases and sales, and emphasized that law enforcement
officials would monitor the industry closely for illegal trading.
On November 29, PMMC representatives traveled to surrounding
villages to further discuss these topics.

--------------
Licensing Buyers and Sellers
--------------

ACCRA 00002954 002 OF 004




7. (U) On November 30, 150 diamond buyers and sellers were
registered in Akwatia for the first time, thereby creating a
middleman market within the industry. Each received an ID card and
no-fee license, valid through December 31, 2006. On December 5, an
additional 200 were processed. Beginning in January 2007, diamond
buyers and sellers will need to re-register, and pay, for a 2007
license. Three categories of licenses will be available: A) To buy
and sell diamonds in Akwatia, 150,000 cedis (approximately $15USD).
Some of this money will go toward paying the individual's income tax
for the year. B) To buy and sell in Akwatia, and to sell in Accra,
500,000 cedis (approximately $50USD). C) To buy and sell in Accra,
2,000,000 cedis (approximately $200USD),or 1,000,000 cedis
(approximately $100USD) to renew. These buyers are the only
category permitted to register outside of Akwatia; they can register
in Accra. There are currently 19 'top buyers' in this category,
which in the future will be determined by specific high trade volume
figures but PMMC did not specify any additional privileges or
authorities beyond those buyers in category B.


8. (U) The WDC experts clarified that category C, the 'top buyers',
are also the diamond exporters -- and pay a large fee for the
privilege. The export license is not a new development. The fee is
currently approximately $30,000. They also noted that category B
buyers and sellers, the middlemen, are crucial to Ghana's diamond
trade and the current effort to license and regularize their
activities is a particularly important reform.

--------------
Miners and Tributers
--------------


9. (U) While the PMMC focuses on marketing and export figures, the
Minerals Commission at Ghana's Ministry of Lands, Forestry and
Mines, and Ghana Consolidated Diamonds (GCD),a state-owned
organization, provide licenses to small miners and tributers, who
are permitted to sell in Accra to the PMMC or top buyers (see
category C above). The Minerals Commission and GCD are working
together to develop a system to collect independent production
figures, which will be provided to the Mines Inspectorate and, in
turn, compared with PMMC's export figures in an effort to monitor
and ensure that Ghana's market does not include illegally
transferred diamonds. Embassy Accra is planning a meeting with the
Ministry in mid December.


10. (U) All records are hand written. Documents will be collected
monthly for review. PMMC noted the potential for a central deposit
point for all records in Akwatia. All licenses/ID cards are on
colored, patterned paper and will be laminated; PMMC noted the paper
color will change annually in an attempt to prevent counterfeiting.


--------------
Joint Task Force
--------------


11. (U) As determined in the Action Plan, a Joint Task Force of
senior Ghanaian officials, including representatives from the
Ministry of Lands, Mines and Energy, the Minerals Inspectorate, the
Minerals Commission, the Geological Survey, the Customs, Excise and
Preventative Services, the PMMC, and the Ministry of Interior, was
formed. It met December 6 for the first time. PMMC representatives
speculated that the Deputy Minister of Lands, Mines and Energy would
Head the committee.


12. (SBU) COMMENT: The actions being taken by PMMC appear to be a
good faith effort to comply with each element of the Action Plan.
This opinion was further reinforced by the positive outlook of the
WDC Experts. However, as the new licensing, recording, and tracking
data will only exist in paper form, with no database records,
tracking the diamonds from mine to export will be difficult, and
credible auditing a major challenge. In Post's view, PMMC, in
cooperation with the Task Force, should outline a specific process
for collecting or compiling the information into a usable form and
develop enforcement measures. Post also thinks PMMC should consider
building upon the WDC experts' work by continuing to monitor exports
through photographic records. END COMMENT.


13. Text of Action Plan, Adopted November 2006

Administrative Decision

Plenary has reviewed the reports of the Chair's Special Envoy to the
Republic of Ghana (November 2006),the UN Group of Experts on Ctte
d'Ivoire (UN document S/2006/735) and the Kimberley Process review
visit to Ghana in December 2005, and concludes that these could
constitute crdible indications of significant non-compliance wih
the minimum requirements of the Kimberley Process Certification
Scheme (KPCS).

ACCRA 00002954 003 OF 004



Plenary takes note of the recommendation of the Chair's Special
Envoy that Ghana should implement the recommendations of the UN
Group of Experts on Ctte d'Ivoire and the Kimberley Process review
visit to Ghana, in particular, the recommendations on strengthening
Ghana's internal controls.

Plenary welcomes Ghana's commitment to address urgently the issues
identified in the above-referenced reports, and Ghana's willingness
to receive a review mission.

Plenary decides that Ghana's compliance with the minimum
requirements of the KPCS should be verified by a review mission
within three months.

In accordance with Section VI, paragraphs 13 to 15 of the KPCS, and
Section III, Paragraph (a) of the Administrative Decision on
Implementation of Peer Review in the KPCS (ADPR),Plenary therefore
decides to send a review mission to the Republic of Ghana which
should take place by 28 February 2007.

As set out in Section VI, Article 14 of the KPCS, "Review missions
are to be conducted in an analytical, expert and impartial manner
with the consent of the Participant concerned". The terms of
reference for review missions are set out in Annex II of the ADPR.
Consistent with the provisions outlined in Section 1 of the ADPR,
the mandate for the review mission to the Republic of Ghana should
also include an assessment of Ghana's implementation of the measures
in the Annex hereto, and recommendations on such further action as
may be required.

As recommended by the Special Envoy, Ghana should report to the
Chair on its implementation of measures, as detailed in the Annex,
by 14 February 2007.

Plenary welcomes Ghana's efforts to prepare a draft Action Plan and
recommends that Ghana enter into a dialogue with the Working Group
on Monitoring on a finalised Action Plan with a view towards
strengthening its internal controls, based on the recommendations in
the review visit report.

Plenary requests the Working Group on Monitoring to monitor on an
ongoing basis Ghana's compliance with the minimum requirements of
the KPCS and its implementation of these measures, and to inform
Participants and Observers, through the Chair.

Plenary requests the WGDE to review Ghana's estimate of actual
production capacity. This review should draw on existing sources of
production data to be provided by Ghana, together with such other
sources as may be available. The WGDE is further requested to make
recommendations to the Chair through the Working Group on Monitoring
on any further information requirements.

Plenary welcomes the offers of technical assistance by the World
Diamond Council, the United States, the UAE, South Africa and other
Participants.

Gaborone
9 November 2006

Annex
Measures to be included by Ghana in its Action Plan

From 24 November 2006, Ghana will only export rough diamonds once
the following measures are in place:
the contents of all shipments to be photographed digitally by
Ghanaian authorities, and examined prior to export by an independent
expert (as made available through the technical assistance offered
by WDC) to advise on their origin. To assist in the provision of
this exceptional technical assistance, WDC experts will be available
to examine the contents of shipments for one week every four weeks
on a schedule to be notified to Ghana (ie three visits prior to 14
February 2007).

With immediate effect, any shipments containing diamonds of
suspected non-Ghanaian origin should be:
seized;
reported to the Working Group on Monitoring; and
confiscated and subject to follow-up investigation and prosecution,
in accordance with national legislation.

a) By 31 December 2006, Ghana is requested to:
Identify existing sources of information on the production capacity
of Ghana and provide these to the Working Group of Diamond Experts
(WGDE).

b) By 14 February 2007, Ghana is requested to:
Provide an estimate of current actual production capacity of each
diamond producing area broken down by sector (industrial (ie GCD),

ACCRA 00002954 004 OF 004


licensed artisanal, illegal ghalamsey activity) to the WGDE, which
will review the estimate.


By 14 December 2007, Ghana is requested to:
develop a detailed plan to improve internal controls (specifying
who, when, how and benchmarks) which should draw on the Moscow
Declaration on Improving Internal Controls in Alluvial Producers and
at a minimum, should include the following components:
registration and licensing of all actors involved at each stage in
the diamond business (including concession-holders, tributers and
local diamond buyers) to include ID cards with unique ID numbers;
all internal trade to be between registered parties only;
exports permitted only by licensed exporters (LBCs). So-called
'test exports' by any other party must be stopped immediately.
recording of all transactions from mine to PMMC involving rough
diamonds by the issuance of receipts by the seller.
Receipts should include:
registration details of each party (buyer and seller) including ID
number, and for miners, also, the allocated claim or production
area; and
the origin of the diamonds.
buyers in each transaction must keep all receipts of purchases in
their books.
monitoring and oversight of each stage, including spot checks and
regular audits, and in particular, oversight of the activities at
the diamond market in Akwatia;
regular audit of PMMC records and procedures by an independent
auditor or an authority such as the Ghanaian Auditor General;
effective enforcement of existing legislation relating to the KPCS.


Ghana already has implemented, or has legislation allowing for
implementation of certain aspects of 4 above, including registration
of certain actors in the diamond industry with identification cards
with unique identification numbers; issuance of mining licences by
the Minerals Commission and audit of PMMC records.

In its report due by 14 February 2007, Ghana should therefore:
provide copies of the 2005 audit report on PMMC to the Working Group
on Monitoring;
report on activities, and improvements, during the next three months
concerning:
enforcement of the requirement for all transactions to be
documented, in particular from mine to licensed diamond buyer; and
monitoring and oversight of production and internal trade from mine
to point of export;
report on progress made on a strategy to address the remaining
issues identified in paragraph 4 above.

As soon as possible, Ghana is requested to:
Convene a meeting of the Ministry of Land, Mines and Energy, the
Minerals Inspectorate, the Minerals Commission, the Geological
Survey, the Customs, Excise and Preventive Services, the PMMC, the
Ministry of Interior and other relevant government authorities to
establish a Joint Task Force of senior officials of all government
authorities referred to above, to be headed by a senior official
from an appropriate authority.
Provide the KP Chair with contact details for the Head of the Joint
Task Force to enable information exchange.

This Task Force should meet regularly (at least monthly) with the
first meeting to be held by 14 December 2006 to oversee
implementation of the Action Plan, in particular, improvements to
internal controls and the measures herein, and should ensure
effective information sharing and co-ordination.

To help the WGDE in determining an objective "footprint" of the
Ghanaian diamond production, the Ghanaian authorities have agreed to
collect and disseminate to the WGDE detailed packing lists of rough
diamond exports going back as far as possible, for instance from
1990 onwards.

End text of Action Plan

BROWN