Chapter II

(a)     no person, other than an authorised diamond miner a licensed diamond dealer, shall sell an uncut diamond;

(b)     no authorised diamond miner shall sell an uncut diamond unless -

(i) it has been lawfully won by him, or

(ii)     where he is authorised in writing to for another authorised diamond miner, diamond has been lawfully won by diamond miner;

(c)     no licensed diamond dealer shall sell an uncut diamond unless -

(i)     the diamond is obtained from an authorised diamond miner or another licensed diamond dealer, or

(ii)     the uncut diamond is sold by the licensed diamond dealer on behalf of an authorised diamond miner or another licensed dealer, as the case may be.

(d)     no authorised diamond miner or licensed diamond dealer shall sell any uncut diamond to any person residing in Nigeria, other than a licensed diamond dealer;

(e)     no person other than a licensed diamond dealer, shall buy any uncut diamond; and

(f)     no licensed diamond dealer shall buy an uncut diamond from any person other than an authorised diamond miner or another licensed diamond dealer.

(a)     he obtains an import clearance from the Minister;

148.    (1)     No person shall export an uncut diamond from Nigeria unless -

(a)     he obtains an export clearance from the Minister;

(b)     he obtains an export licence for the exportation of the diamond which shall be in Form B set out in the Schedule 3 to this Decree; and

(c)     he holds a treasury receipt for the royalty paid on the uncut diamond and the receipt has been endorsed by a proper officer with the amount of the uncut diamond to be exported.

(2)     No uncut diamond shall be carried coastwise in Nigeria unless its particulars have been previously declared before a proper officer in the form issued by the Nigerian Customs Service.

(3)     No person shall import an uncut diamond into Nigeria unless-

(a)     he obtains an import clearance from the Minister;

(b)     he obtains an import licence for the importation of the diamond issued by the Minister of Trade and Tourism which shall be in Form C as set out in Schedule 3 to this Decree; and

(c)     he delivers an entry of the importation (in this Chapter referred to an "import entry") to the proper officer and obtains a certificate of importation in Form D set out in Schedule 3 to this Decree.

(4)     A certificate of importation issued under subsection (3) (c) of this section shall be liable to a stamp duty of five thousand naira to be paid by the importer.

(5)     No uncut diamond imported into Nigeria under the provisions of subsection (3) of this section shall be exported from Nigeria, unless the certificate of the importation has been surrendered to the Minister.

149.    (1)   A person who desires to possess, buy, sell or transact any business in relation to uncut diamond in Nigeria shall submit an application for a diamond dealer's licence to the Minister.

(2)     The Minister may, on receiving an application submitted under subsection (1) of this section and the payment of the prescribed fee, issue a diamond dealer's licence as in Form A set out in Schedule 3 to this Decree if he is satisfied with such evidence as the applicant shall furnish with regard to -

(a)     his financial status and the capital he proposes to invest in the business; and

(b)     his knowledge and experience or those of his employees in diamond trading.

(3)     The Minister may by endorsement on the licence impose such conditions as he thinks fit.

(4)     Subject to any conditions which may be imposed on the licence, the holder of a licence under this section may possess, buy, sell or transact any business in relation to uncut diamond.

(5)     A licence issued under this section shall not be transferred without the written consent of the Minister.

(6)     A licence issued under this section shall remain in force for a period of one year from the date on which it was issued but the licence may be renewed on application subject to such conditions as are stipulated in section 150 and such other conditions as the Minister may impose and the payment of such fees as may be prescribed.

(7)     A licence issued under this Decree may not be renewed by the Minister if no transaction was carried out by the holder during the period of one year in which the licence was in force.

(8)     The Minister may revoke a licence issued under this section if the holder is convicted of an offence under this Chapter or the regulations made under it or commits a breach of any of the conditions of the licence.

(9)     The Minister may, on the revocation of a licence, refund such part of the fee paid for the licence as he thinks just.

(10)     A licensed diamond dealer shall not buy, sell or store any uncut diamond except on the premises specified in the licence.

150.    (l)     A licensed diamond dealer shall keep a book into which he shall, enter accurate particulars of -

(a)     every uncut diamond bought, sold, received, other than by way of importation, or exported, by him showing -

(i)     the date. of the transaction,

(ii)     the weight and value of the diamond,

(iii)     the name and address of the seller, depositor, purchaser or consignee of the diamond, and

(iv)     the registered number of any mining lease or group of leases for which a group certificate has been issued by the Minister from or under the area from which the diamond is alleged to have been won; and

(b)     every uncut diamond imported by him showing -

(i)     the date of import,

(ii)     the number of the import licence,

(iii)     the number and date of the import entry,

(iv)     the consignor,

(v)     the weight and value of the diamond, and

(vi)     the name and address of any person to whom the diamonds are delivered.

(2)     A licensed diamond dealer shall at all reasonable times, on request, produce the book kept under subsection (1) of section for inspection by an Inspector of Mines, or any other officer authorised in that behalf by the Minister.

(3)     A licensed diamond dealer shall, in the months January, April, July and October of each year, deliver to the Inspector of Mines a return in duplicate showing the particulars required to be kept under subsection (1) of this section of every uncut diamond, sold, received, exported or imported by him during the preceding three months.

(4)     In this section, "Inspector of Mines" means the Inspector of Mines in charge of the inspectorate incorporating the premises in which the licensed diamond dealer carries on business.

152. (1)  An uncut diamond found without an apparent owner may be seized by a police officer, the Director of Mines or  an officer authorised by the Minister who shall, as soon as possible, present it to the Court if satisfied that the owner of the diamond cannot be found.

(2)     The Court to which an uncut diamond is presented under subsection (1) of this section shall if satisfied that the owner cannot be found declare it forfeited to the Federal Government.

(3)     An diamond forfeited to the Government of the Federation under this section shall be deposited with the Director of Mines who may, subject to section 155(3) of this Decree, sell it and pay the proceeds of sale into the Consolidated Revenue Fund of the Federation.

154.   (l)   Any person who contravenes or fails to comply with the provisions of sections 147,150, 151, 152, 153 and 155 of this Decree is guilty of an offence and liable on conviction to a fine not exceeding five hundred thousand naira or imprisonment for a term not exceeding five years or to both such fine and imprisonment.

(2)     In addition to the penalties specified in subsection (1) of this section the Court may, on conviction, declare that all or any quantity of the uncut diamond with respect to which the offence was committed shall be forfeited to the Federal Government.

(3)     Notwithstanding the provisions of any other enactment, a Judge of the Federal High Court shall have power to try offences and impose any penalty provided under this Chapter of this Decree.

155.    (1)     A Court which has declared an uncut diamond ~ under section 154 of this Decree shall cause particulars of the forfeiture to be advertised in at least one issue of the Gazette in Form E set out in the Schedule 3 to this Decree.

(2)     A person who claims to be the owner of any diamond forfeited under the provisions of section 154 of this Decree may, within three months from the date of the Gazette advertising the forfeiture, institute an action for the return of the forfeited diamond to him, and if -

(a)     he proves his title to the forfeited diamond or any quantity of it to the satisfaction of the Court: and

(b)     establishes that he was not connected in any offence for which the diamond was forfeited the Court may order that the diamond or such quantity therefore as the Court considers just be delivered to that person.

(3)     No person shall dispose of any forfeited diamond -

(a)     until the expiration of three months from the date of the notice in the Gazette advertising the forfeiture; or

(b)     where a claim to the diamond had been brought within the three months, until the claim is finally disposed of and the time within which any further appeal can be properly brought has expired and no such appeal had been brought.

(a)     he finds committing; or

(b)     he reasonably suspects of committing; or (c) he reasonably believes to have committed,

(a)     to whom a right, licence or lease has been granted under this Decree authorising the person to prospect or mine for diamond; or

(b)     authorised in writing by the holder of a right, licence or lease to act on his behalf for the purpose of this Chapter of this Decree if the authorisation has been previously communicated to and approved by the Minister;

Chapter III

159.  (1)     Subject to the provisions of subsection (2) of this section, no person shall pay or satisfy a debt by means of raw gold.

(2)     Notwithstanding the provisions of subsection (1) of this section, an authorised gold miner may, by means of raw gold, satisfy a debt due from him to a licensed gold dealer.

160.    (1)     No person, other than an authorised gold miner or a licensed gold dealer, shall sell any raw gold.

(2)     No authorised gold miner shall sell any raw gold-

(a)     which is not lawfully won by him or by any other authorised gold miner he is authorised in writing to act for; or

(b)     to any person residing in Nigeria, other than a licensed gold dealer.

(3)     No licensed gold dealer shall sell any raw gold -

(a)     except on behalf of an authorised gold miner or another licensed gold dealer or unless the gold is obtained from an authorised gold miner or another licensed gold dealer;

(b)     to any person residing in Nigeria, other than a licensed gold dealer or a licensed goldsmith,

161.   (1)     No person, other than a licensed gold dealer or a licensed goldsmith, shall buy any raw gold

(2)     No licensed gold dealer shall buy any raw gold except from an authorised gold miner or another licensed gold dealer.

(3)     No licensed goldsmith shall buy any raw gold except from a licensed gold dealer.

162.  (1)  No person shall expert any raw gold from Nigeria unless he holds a Treasury receipt for the royalty paid or until the receipt is endorsed by a collector of customs with the amount of the raw gold to be exported.

(2)     No person shall carry any raw gold coastwise in Nigeria unless its particulars have been previously declared to a collector of customs.

(3)     No person shall import any raw gold into Nigeria unless he makes a declaration as in Form B set out in Schedule 4 to this Decree before a collector of customs and obtains an importation certificate as in Form C set out in Schedule 4 to this Decree.

(4)     No person shall export from Nigeria any raw gold that has been imported into Nigeria unless the importation certificate is surrendered to the Minister.

(5)     Every importation certificate issued under subsection (3) of this section shall be liable to a stamp duty of two thousand naira or such other amount as may be prescribed to be paid by the importer.

163.   (1)   A person who desires to deal in gold shall submit an application for a gold dealer's licence to the Minister on such form as may be prescribed.

(2)     The Minister may, on receiving an application submitted under subsection (1) of this section and the payment of the prescribed fee, issue a gold dealer's licence as in Form A set out in Schedule 4 to this Decree if he is satisfied with the information supplied by the applicant.

(3)     A gold dealer's licence issued under this section shall expire on the 31St of December following the date of issue but the licence may subject to the conditions stipulated in section 164 and the payment of such fees as the Minister may prescribe, be renewed every year before the expiry date.

(4)     A gold dealer's licence issued under this section may not be renewed by the Minister if no transaction was carried out by the holder during the period of one year in which the licence was in force.

(5)     The Minister may revoke a licence issued under section if the holder of the licence is convicted of an offence under this Chapter of this Decree or the regulations made under it or commits a breach of any of the conditions of the licence.

(6)     The Minister may on revoking a licence refund such part of the fee paid for the licence as he thinks just.

(7)     A licensed gold dealer shall not buy, sell, or store any raw good except on the premises specified in the licence.

164.    (1)     A licensed gold dealer shall keep a book in which he shall enter particulars of

(a)     every raw gold brought, sold received, other than l way of importation, or exported by him showing-

(i)     the date of the transaction,

(ii)     the weight and price or value of the gold,

(iii)     the name and address of the seller, depositor purchaser or consignee and the registered number 0f any lease or group of lease for which a grouping certificate has been issued by the Minister from 0] under the area of which the gold is alleged to have been won; and

(b)     every raw gold and all gold bar, sheet, wire, grain and bullion imported by him showing -

(i)     the date of import,

(ii)     the number of the import licence,

(iii)     the weight and price or value of the gold, and

(iv)     the name and address of any person to whom the gold is delivered

(2)     A licensed gold dealer shall at all reasonable times on request produce the book for inspection by an Inspector of Mines or any other officer authorised in writing by the Minister in that behalf.

(3)     A licensed gold dealer shall in the months of April, July, October and January deliver to the Inspector of Mines a return in duplicate showing the particulars required to be kept under subsection (1) of this section, of-

(a)     every raw gold bought, sold, received (other than by way of importation) or exported by him; and

(b)     every raw gold bar, sheet, wire, grain and bullion imported by him,

(4)     In this section, "Inspector of Mines" means the Inspector of Mines in charge of the inspectorate in corporation the premises in which the gold dealer carries on business.

166.   (1)     A Judge of the Federal High Court may, at any time, if satisfied by information on oath that there is reasonable ground for believing that there is, in any building, premises, ship, place, carriage, box or-receptacle within any State or any part of the Federation, anything -

(a)     on or in respect of which an offence under the provisions of this Chapter of this Decree has been or is being or is suspected of having been committed; or

(b)     which there is reasonable ground for believing -

(i)     will afford evidence as to the commission of an offence, or

(ii)     is intended to be used for the purpose of committing an offence,

(2)     An article or a thing seized under the authority of warrant issued under subsection (1) of this section shall be brought before the Court within 14 days of the seizure to be dealt with according to law.

(3)     In addition to the powers conferred by subsection (1) of this section, any police officer, Inspector of Mines or customs officer may search the person and property of any person the officer in question has cause to believe that the person who or whose property is to be searched is in unlawful possession of gold.

170.     (1)     A person who contravenes any provision of this Chapter commits an offence and is liable on conviction to a fine not exceeding twenty thousand naira or imprisonment for a term of two years or to both such fine and the imprisonment and on a second or any subsequent conviction, to a fine not exceeding fifty thousand naira or to imprisonment for five years or to both such fine and imprisonment and in addition the Court may, on conviction, declare that all or any part of any raw gold with respect to which the offence was committed be forfeited to the Government of the Federation

(2)     The jurisdiction conferred on the Court by subsection (1) of this section shall be exercised by a Judge of the Federal High Court.

171.    (l)     A Court which declares any raw gold to be forfeited under subsection (1) Of this section shall advertise the forfeiture in Form D set out in Schedule 4 to this Decree in one issue of the Gazette.

(2)     If, within three months from the date of the Gazette in which the advertisement appears, any person proves to the satisfaction of the Court, a title to the forfeited gold or any part of and that he was not concerned in any offence for which the gold forfeited, the Court shall order that the gold or such part as Court considers just be delivered to that person.

(a)     to whom any right, licence, permission or lease has been granted under Chapter I of this Deci authorising the person to prospect or mine for gold; or

(b)     authorised in writing by the holder of any right licence, permission or lease granted under Chapter I of this Decree to act on his behalf for the purposes of this Chapter, provided that the authorisation had been previously communicated to the Director of Mines or the Minister;

Chapter IV

176.    (1)     Where it appears appropriate to the Minister, for the purpose of giving effect to any international agreement to which Nigeria is a party, that the production and export of tin and tin ore should for the time being be controlled, he may by order provide that this section shall have effect as respects such period of further period as may be specified by the order.

(2)     During any period specified by an order under subsection (1) of this section, no person shall export any quantity of tin or tin ore or deliver any quantity of tin or tin ore to a smelter unless that person is authorised by a licence issued to him by the Minister to export it or, as the case may be, to deliver it to he smelter.

(3)     A person who contravenes the provisions of subsection (2) of this section commits of an offence and is liable on conviction to a fine not exceeding twenty thousand naira or imprisonment for a term not exceeding 2 years or to both such fine and imprisonment.

177.    (1)     No person shall deliver to a smelter or export any quantity of tin ore unless he has paid to the Federal Government the prescribed fee in respect of that quantity.

(2)     The Minister may make regulations -

(a)     prescribing the amount of the fees payable under subsection (1) of this section in respect of any quantity of tin and tin ore, respectively;

(b)     prescribing the manner in which any fee is to be paid; and

(c)     for securing that the fee is not paid more than once in respect of the same ore.

(3)     Regulations made under this section may contain such supplemental and incidental provisions as the Minister considers expedient for the purpose of the regulations and may make different provision (other than provision as the rate of a levy) for different circumstances.

(4)     A person who fails to pay any fee due under this section commits of an offence and is liable on conviction to a fine not exceeding twenty thousand naira, and the Court before which the person is charged shall in addition order him to pay, to the Federal Government, the amount of the fee.

(5)     The Minister shall in each year pay over to the International Research Council out of the money provided the Federal Government an amount equal to not less than the aggregate amount of the sums received and the sums he estimated will be received by him during that year by way of fees under this section.

178.    (1)    Every smelter shall, within twenty days after the end of each month, give to the Minister a report in writing containing particulars of -

(a)     its name and the addresses of all premises in which it carries on business as a smelter;

(b)     the quantities of tin and tin ore, respectively, under its control on the last day of that month;

(c)     the quantities of tin ore acquired by it during that month;

(d)     the quantities of tin and tin ore, respectively, it dispatched to a destination or disposed of outside Nigeria during that month, specifying the countries concerned;

(e)     the quantities of tin and tin ore, respectively, disposed of within Nigeria during that month; and

(f)     the quantity of tin, estimated in a reasonably accurate manner, contained in each quantity of tin ore mention in the report.

(2)     A smelter which -

(a)     fails to furnish a report required under subsection (1) of this section; or

(b)     furnishes a report which it knows to be false, or recklessly furnishes a report which is false in a material particular,

179.    (1)     Where tin ore is delivered for smelting in Nigeria, the smelter shall become the agent of the producer of the tin ore (in this Decree referred to as "the producer") for the purpose of the payment of royalty on the tin ore, and notwithstanding anything to the contrary in any enactment, he shall be primarily liable for payment of that royalty into the Consolidated Revenue fund of the Federation as directed by the Minister.

(2)     Accordingly, the smelter may, for the purpose of meeting its liability under subsection (1) of this section, deduct from the amount payable by it to the producer for the tin ore smelt, the amount required to pay any royalty due in respect of the tin ore.

(3)     The production at any time, after payment of the royalty, of the relevant receipt or certificate of payment, as the case may be, in respect of the tin ore smelted shall for all purposes be sufficient acquittal and discharge to him for the amount so paid.

180.    (1)     The Minister may by order prohibit the production of tin except in such particular cases as he may in his discretion by a licence under his hand permit.

(2)     In subsection (1) of this section -

181.    (1)     The Minister may by order prohibit the export of tin except in such particular cases as he may in his discretion by a licence under his hand permit.

(2)     In this section, "tin" includes tin ore.

183.    (1)     A licence granted under an order made under either section 180 or 181 of this Decree -

(a)     shall be valid for such period and in respect of such total quantity of tin as defined in those sections as the Minister may specify; and

(b)     may be subject to such terms and conditions as the Minister may in his discretion think fit to impose, including a term that any previous licence shall be deemed to be cancelled.

(3)     A person who desires to transfer a licence granted pursuant to the provisions of this Part of this Chapter shall apply to the Minister.

(4)     The Minister may approve the transfer of a licence subject to such terms and conditions as he may deem fit to make.

184.    (l)     Any police officer, officer of the Department of Mines or any other officer authorised in that behalf in writing by the Minister -

(a)     may seize and detain any tin in respect of which he has reasonable cause for believing an offence has been committed under this Decree; and

(b)     shall cause the owner of the tin seized under paragraph (a) of this subsection, or its agent or servant, as the case may be, to be prosecuted before the Court.

(2)     If the owner of the tin or any agent or servant of owner is convicted of any offence under this Decree in respect of the tin, the whole or such portion of the tin as the Court may specify shall be forfeited to the Federal Government and shall be dealt with in such manner as the Minister may direct.

(3)     Any tin seized and detained under this section shall be released unless a prosecution is instituted for an offence under this Decree within fourteen days of the seizure or detention.

(4)     In this section, tin has the meaning assigned to it under the section creating the offence which has or is believed to have been committed.

186.    (l)     No person shall, in any one period of three successive months ending on the 31st day of March, the 30th day of June, the 30th day of September or the 31St day of December in any one year, remove, from the ground, ore containing tin which if converted into tin concentrates of shipping grade would be in excess of the amount of tin concentrates of shipping grade which may be produced under a licence in force issued to that person under subsection (1) of section 180 of this Decree.

(2)     A person who removes from the ground, any ore containing tin which, if converted into tin concentrates of shipping grade, would be in excess of the amount for which the licence has been issued or without a licence commits an offence under this Decree.

187.    (1)     Where ore containing tin is produced in the course of the production of some other metal or substance, the production of the tin not being the object or principal object of the operations, the holder of the mining lease shall, within 30 days of the production, notify the Minister in writing of the production of the tin.

(2)     The notification given to the Minister under subsection (1) of this section shall contain -

(a)     the particulars of the tin produced; and

(b)     the site and circumstances of the production of the tin.

(3)     The holder of the mining lease or licence may, on notifying the Minister of the production of the tin, apply to the Minister for the inclusion in his mining lease or licence, the winning of tin, and the Minister may grant the application, subject to the conditions that

(a)     a licence under this Part of this Chapter is granted for the removal from the ground of ore containing tin;

(b)     the ore containing tin is converted immediately into tin concentrates of shipping grade;

(c)     the tin concentrates of shipping grade are deposited in such place and under such terms and conditions as the

(d)     the tin concentrates of shipping grade shall only be sold, disposed of or otherwise dealt with the prior approve of the Minister;

(e)     there shall be stated in the licence the total amount of tin concentrates of shipping grade which may be produced under the licence during any specified period of time; and

(f)     no more ore containing tin which, if converted into tin concentrates of shipping grade, would exceed the amount specified in the licence shall be, removed from the ground during the period for which the licence is in force.

188.     (1)     Where a person is in lawful possession of tin ore, which, if converted into tin concentrates of shipping grade, would together with the tin concentrates of shipping grade that person is licensed to remove from the ground exceed the amount of tin concentrates 01: shipping grade which that person should be able to have in his custody or possession under any licence for the time being in force, all the excess quantity of ore containing tin shall -

(a)     immediately, or within such time as the Minister may, after considering the circumstances of the case, allow, be converted into tin concentrates of shipping grade; and

(b)     be placed in such piace as the Minister in his discretion may direct, not only during the time its owner is licensed to remove from ground ore containing tin but also after the expiration or revocation of the licence.

(2)     Where the owner of any ore containing tin under subsection (l~) of this section is licensed to export tin, he shall be entitled to draw on the excess quantity of ore containing tin (whether it has been converted into tin concentrates of shipping grade or not) in order to make up the amount of tin which he is licensed to export under the licence.

189.    (1)     A person who contravenes or attempts to contravene any of the provisions of this Part of this Decree or any order made or of the terms or conditions of any licence issued under this part of this Decree commits an offence under this Part of this Decree.

(2)     Any person who commits an offence under this Part of this Chapter is liable on conviction, where no other penalty is specified under this Part, to a fine not exceeding ten thousand naira or imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

190.    (l)     There is hereby established a fund to be known as the Tin Production and Development Revolving Loans Fund (in this Part of this Chapter referred to as "the Fund").

(2)     There shall be paid into the Fund -

(a)     a sum of one hundred million naira which shall be charged on the Consolidated Revenue Fund of the Federation, representing part of capital made available for the purpose of promoting tin mining production and development in Nigeria in connection with the international tin agreements to which Nigeria is a contracting party;

(b)     such sums as may, from time to time, be credited to the Fund by way of payment of the principal and interest on and other charges in respect of any loan made out of the Fund and also any interest from investments made from the fund.

191. (1)     The Fund shall be utilised for promoting efficiency and higher productivity in the tin mining industry and in particular for providing loans to assist any eligible small mining operator.