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Table of ContentsMoral Clarity ReportOFAC Letter to RapaportJVC Report on MarangeJewelers of America Zimbabwe PositionUS Congressional Record Featuring Martin RapaportMining StatisticsBibliography of ArticlesPagesPagesPagePagePagePagePage3 – 1718 – 19202122 – 2324 – 2526 – 27About the Rapaport GroupThe Rapaport Group is an international organization serving the diamond industry since 1976. Thegroup employs approximately 180 people with offices in New York, Las Vegas, Antwerp, Ramat Gan,Mumbai, Surat, Dubai, Hong Kong and Shanghai. With over 14,000 clients in more than 100 countriesthe Group has a broad global reach and extensive connections throughout the international diamondand jewelry industry.Group activities include information services, online diamond trading networks, diamond grading andcertification, global tender auction services, trading logistics and fair trade development. The Groupdoes not trade diamonds for its own account but provides a broad range of added value marketservices to the international diamond trade.All Rapaport Group activities reflect our organization’s mission and values ‐ the development andimplementation of free, fair, ethical, transparent, efficient, and competitive markets. The Groupoperates in full compliance with anti‐money laundering regulations including the U.S. Patriot Act, OFACregulations, Kimberley Process rules and the national laws and regulations in the various countries ofoperation. Rapaport also advocates and takes a proactive position regarding the elimination of humanrights violation in the diamond and jewelry industry.For more information visit: Diamonds.net or email: info@diamonds.net.Additional documents related to this report are available at Diamonds.net/MoralClarityAbout Rapaport Fair TradeRapaport Fair Trade is a Rapaport initiative devoted to the promotion and implementation of sociallyresponsible sourcing of diamond, gem and jewelry products. Initiatives include fair trade conferences,(diamonds.net/conferences), the ethical pledge campaign at ethicalpledge.com, and the Rapaport fairtrade website (rapaportfairtrade.com). Additional initiatives underway include the Rapaport Fair Tradeand Ethical Jewelry Directory and Catalog, as well as Rapaport Source and Recycled Certification.For more information visit RapaportFairTrade.Com or email: fairtrade@rapaport.comRapaport Special ReportMoral Clarity and the Diamond IndustryPage 2

MORAL CLARITY AND THE DIAMOND INDUSTRYRAPAPORT SPECIAL REPORT – JANUARY 2013BY MARTIN RAPAPORTPersonal CommentI write this report out of deep concern for the future of our diamond community. Over the past decadeour trade has confronted and overcome numerous external challenges to our business from thefinancial, technology and political sectors. However, there is one threat that we have not adequatelyaddressed or overcome. The great risk that we ourselves will destroy our precious diamond andjewelry industry by not properly regulating our internal ethical and moral behavior.While it may not be politically correct for me to raise the issues that I write about in this report, I haveno choice. My memory of standing in a Sierra Leone amputee camp in 2000 and promising myself‘never again’ will never go away. And so I make this effort to communicate my concern and direwarning that if our trade does not seriously address the moral issues related to our supply chain wewill forfeit the right to earn our livelihood from diamonds.Make no mistake. Our diamond trade is facing extreme danger and an unprecedented test of ourhumanity. The moral issues before us transcend business. How we handle these issues will not onlydefine our products and companies, they will define us as individuals. It’s time for us to integrate whowe are with what we do. We must take personal responsibility for the consequences of our businessdecisions.IntroductionSometimes it’s hard to tell right from wrong. And sometimes it’s not.Some people don’t want us to tell right from wrong. They prefer that the diamond industry avoidethical issues and concentrate on “business only.” Often this is because they and their friends makewindfall profits selling questionable products. When serious ethical matters such as severe humanrights violations get in the way of their profits, they manipulate the truth through misrepresentation,denial, half‐truths, and confusion to protect their business interests. “Don’t ask, don’t tell, don’t know”is their credo.The purpose of this article is to promote moral clarity within the diamond industry. We will analyzecomplicated issues and present ethical perspectives that encourage you to establish your own ethicalstandards and an independent sense of moral clarity. Finally, we will recommend specific actions thatshould be taken by individuals and industry organizations.Rapaport Special ReportMoral Clarity and the Diamond IndustryPage 3

A Theoretical ModelLet’s start our search for moral clarity with a theoretical model designed to establish a consensusbaseline for right and wrong.Gangs of Colombian thieves operating in the U.S. are attacking traveling diamond salesmen andjewelry stores. Sometimes they even go to jeweler’s homes and take their families hostage.Occasionally a jeweler or salesman is murdered. A market for stolen diamonds develops. Initially theprices of the stolen diamonds are very low, however as the market becomes more efficient anddiamonds are sold to unknowing or “un‐asking” third parties, higher prices are achieved. Some dealersmix stolen diamonds with legitimate diamonds, masking their identity and lowering average prices.Decent people consider it highly unethical to buy stolen diamonds. However, some buyers eyeing largewindfall profits claim that if they don’t buy the stolen diamonds others will. After all, they say,“diamonds are neutral, it’s not the diamonds’ fault they were stolen.” Furthermore, if they buy thediamonds from a “third party” they could claim they did not know they were stolen and avoid legalresponsibility. Since the thieves and their dealers make windfall profits and don’t have ethicalconcerns, the market for stolen diamonds develops, expands and becomes more efficient.The creation of an efficient “quick cash” market for stolen diamonds at “good prices” encouragesrobbers to expand operations. New players enter “the business.” More jewelers get robbed, murderrates go up and there is a significant increase in robberies at the homes of wealthy consumers.Salesmen no longer travel with diamonds, insurance rates skyrocket and consumers start questioningthe safety of owning diamond jewelry.As the market for stolen diamonds expands some legitimate diamond dealers and jewelers find it hardto compete against the lower priced stolen goods. Some stop buying and selling diamonds. Theperception that diamonds are dangerous continues to develop as more people suffer robberies andassault. There is a significant decline in market and consumer demand. Diamonds get a dangerousreputation; demand and prices fall.Obviously, different players have different perspectives. The robbers and their buyers are highlymotivated by short term profits. Ethical and legal issues do not concern them. The legitimate dealersand jewelers suffer financial loss and physical threat. At first glance there does not seem to be muchthey can do.The solution, of course, is to shut down the market for stolen diamonds, arrest the robbers and theirbuyers, and place severe fines and prison sentences on anyone caught dealing in stolen diamonds. Bydifferentiating stolen diamonds from legitimate diamonds, denying them access to legitimate marketsand then raising the risk and cost of dealing in stolen diamonds, windfall profits and liquidity disappear,robbers and their buyers lose their lucrative financial incentive and markets return to normal, safe andprofitable conditions.Rapaport Special ReportMoral Clarity and the Diamond IndustryPage 4

While there may always be some kind of underground market for stolen diamonds, the legitimatediamond trade will not support it and certainly not provide economic incentive for its growth anddevelopment.Unless you are a robber or one of their buyers, the above scenario offers clear options. Trade or don’ttrade in stolen diamonds. There is no grey area and that is what we mean by “moral clarity.” Clearly,supporting the market for stolenHuman Rights Violations in Marangediamonds, encouraging the mixing ofDetailed reports by NGOs, including Partnership Africa Canada, Globalstolen and legitimate diamonds andWitnessand Human Rights Watch have documented:supporting the “right” of thieves and The 2008 massacre of over 200 artisanal diamond diggers and thetheir buyers to sell into the legitimatetorture of thousands by military forces aligned with themarket is highly unethical.2government’s ZANU‐PF partyThe Real WorldWhile the moral conclusion of thetheoretical model is clear, many peoplehave a problem applying theseconclusions to their real world. Many arein denial when it comes to the ethicalsourcing of their supply chain. It’sunderstandable since no one wants tobelieve that they are making theirlivelihood based on someone else’ssuffering. Yet the facts speak forthemselves. As an industry and as ethicalindividuals we must ask: Are wesystematically and consistently buyingand selling diamonds or other productsthat have been stolen or involved inhuman rights abuses?While it is common knowledge that thereare significant problems associated withrough diamonds from countries such asthe Congo1, Angola2, Venezuela3 and The murder of hundreds3 of opposition Movement for DemocraticChange (MDC) political party activists and the torture of hundredsmore during and after 2008 elections4 The seizure by the military of the Marange diamond fields5 The establishment of mining companies owned by secretpartnerships that include the military, ZANU‐PF and unknownothers6 The failure of government‐owned diamond companies to paytaxes, royalties and dividends owed to the government7 The personal enrichment of Minister Mpofu and other membersof the ZANU‐PF clique8Diamonds in the Rough: Abuses in the Marange Diamond Fields ofZimbabwe, Human Rights Watch, June 2009.2 Return of the Blood Diamond, Global Witness, June 2010.3 “Why 2009 is Zimbabwe’s Year of Change or Rebellion,” The Zimbabwean,January 3, 2009; zimbabwes‐year‐change‐or‐rebellion4 “2008 Human Rights Report: Zimbabwe,” U.S. Department of State,February 25, 119032.htm5 Diamonds and Clubs: The Militarized Control of Diamonds and Power inZimbabwe, Partnership Africa Canada, June 2010.6 Ibid.7 “Biti Cuts Budget, Blames Diamonds,” New Zimbabwe, July 18, 2012;http://www.newzimbabwe.com/news‐8531‐Biti cuts budget, blames diamonds/news.aspx8 Reap What You Sow: Greed and Corruption in Zimbabwe’s MarangeDiamond Fields, Partnership Africa Canada, November 2012.“Blood Diamond Smuggler from Congo Arrested,” Times of India, August 4, 012‐08‐04/surat/33034592 1 amonds2 “In Angola, the Blood Diamond Resurfaces,” The Wall Street Journal, June 19, 8704198004575311282588959188.html3 “Venezuela Expelled from Diamond Treaties,” The Guardian, June 26, enezuela1Rapaport Special ReportMoral Clarity and the Diamond IndustryPage 5

Zimbabwe, members of the diamond trade often prefer to be unaware of the details. There is a generalconsensus that while there may be “problems out there,” the situation is unclear and buyers can’tdecide what not to buy. Furthermore, there is no easy way to differentiate good diamonds from baddiamonds. Finally, some buyers say they can’t afford not to buy questionable diamonds at good pricesand claim – “if everybody else is doing it, why shouldn’t I?”To shed light on the real world challenges associated with diamond sourcing, we will highlight thesituation of diamonds from Marange, Zimbabwe. In this case there are plenty of documented clearfacts. Furthermore we can analyze how individuals and trade organizations have responded to theethical challenges.The Marange StoryIn 2003 U.S. President George W. Bush placedeconomic sanctions on Mugabe and members ofhis ZANU‐PF political party, including the currentMinister of Mines Obert Mpofu.4 The presidentcited their actions “to undermine Zimbabwe’sdemocratic processes or institutions, contributingto the deliberate breakdown of the rule of law inZimbabwe and politically motivated violence andintimidation in that country.”5 These sanctionshave been continuously renewed by PresidentObama. In October and November of 20086Zimbabwean government security forcescontrolled by President Robert Mugabe and hisZANU‐PF political party killed and torturedhundreds of Zimbabwean diamond diggers tosteal diamonds and keep their political party inpower7.Marange RoughWith Mugabe demanding elections in the near future the current situation is not good. Two MDC“Bush Orders Sanctions Imposed Against Leaders of Zimbabwe,” New York Times, March 8, ‐of‐zimbabwe.html5 “Executive Order ‐ Blocking Property of Additional Persons UnderminingDemocratic Processes or Institutions in Zimbabwe,” Federal Register, Presidential Documents, March 10, �10/pdf/03‐5848.pdf6 Diamonds In the Rough: Human Rights Abuses in the Marange Diamond Fields of Zimbabwe, Human Rights Watch, June2009.7 “Global Witness Leaves Kimberley Process, Calls Diamond Trade to be Held Accountable,” Global Witness, December5, 2011; nd‐trade‐be‐held‐accountable4Rapaport Special ReportMoral Clarity and the Diamond IndustryPage 6

activists were murdered in February 20128, dozens of MDC activists have been jailed under falsepretenses and there have been recent physical attacks by ZANU‐PF on the MDC Home Secretary andTreasurer.9 There is great fear that the diamond revenue currently being hijacked by ZANU‐PFmembers will be used to fund attacks on members of the MDC opposition during the upcomingcampaign for elections in early 201310. Anyone buying Marange diamonds today should be concernedthat their money will be used to fund violence.Tendai Biti, MDC Minister of Finance in the unitygovernment, had this to say about the situation:“As Ministry of Finance, we fear that there mightbe a parallel government in respect of where therevenue is going and not coming to Treasury . Ithink the people that are stealing our diamondsare so sophisticated that stealing will continue.”11LEGITIMIZING THE ILLEGITIMATESo here you have it, a gang of thieves disguised aspoliticians stealing diamonds and supportingviolence against their own people in one of thepoorest countries in the world. Diamond suppliersso bad that the U.S. government has slapped Officeof Foreign Assets Control (OFAC) sanctions on them,making it illegal to import their diamonds to theU.S. 12 You might think the diamond trade would beethical enough to not buy these diamonds. Well,think again.13At the recent November, 2012 Zimbabwe DiamondConference designed to legitimize Mugabe, Mpofuand their gang, leaders of the diamond industry fellZimbabwe Minister of Mines Obert Mpofu8 ”Two MDC Activists Murdered in One Week,” AllAfrica, February 13, l9 “Zimbabwe: MDC Secretary for Home Affairs Attacked,” AllAfrica, November 21, l10 “Action urgently needed to stop off budget financing to Mugabe’s regime,” Global Witness, June 23, ugabe%E2%80%99s‐regime11 “Biti says diamond revenue is going to a parallel government,” The Insider, May 17, 2012;http://www.insiderzim.com/stories/3954.html12 “Executive Order ‐ Blocking Property of Additional Persons UnderminingDemocratic Processes or Institutions in Zimbabwe,” Office of Foreign Assets Control, November 23, ctions/Documents/zimb.pdf13 “Zimbabwe to become biggest supplier of diamonds to Surat,” Times of India, September 1, 010‐09‐01/surat/28244170 1 ort Special ReportMoral Clarity and the Diamond IndustryPage 7

all over themselves, toadying up to thebad guys.14 Eli Izhakoff, chairman of theWorld Diamond Council (WDC) went sofar as to say he would use the WDC topetition the U.S. and EU governments todrop sanctions against theZimbabweans.15What about the Kimberley Process (KP)?Isn’t the KP supposed to certify thatdiamonds are free of human rightsabuses and violence? If the KP iscertifying Marange diamonds, doesn’tthat mean they are legitimate? No andno again.Here is what Ambassador GillianMilovanovic, U.S. chair of the KP had tosay at the Zimbabwe conference: “KPcertification is not designed to addresshuman rights, financial transparency, [or]Ambassador Gillian Milovanoviceconomic development, issues.”16 Shefailed to add that the KP does notaddress armed conflict and violence when the governments are perpetrating the violence against theirown people, as is the case in Zimbabwe. From the KP’s perspective, it’s perfectly all right for Mpofuand his ZANU‐PF gangsters to kill as many people as they like or steal as much money as they like. TheKP is only interested in cases where rebel forces use diamonds to attack a government and the UNSecurity Council approves an embargo. The KP turns a blind eye to everything else.Please note that Milovanovic is a diplomat from the U.S. State Department. Her job is to talk, persuadeand advise but she has no real power. Don’t be confused, just because the State Department approvesZimbabwean KP certificates, that does not mean that the U.S. Department of the Treasury’s OFACwon’t fine you up to 500,000 or throw you in jail for up to ten years if you are caught importing KPcertified Marange diamonds into the U.S.17“Izhakoff: Diamond Sector is Committed to Africa's Development,” Rapaport News, November 12, ticleID 41599&ArticleTitle 2bto%2bAfricas%2bDevelopment%2b15 “WDC President Wants Zimbabwe Sanctions Lifted,” JCK Online, November 15, sident‐wants‐zimbabwe‐sanctions‐lifted16 “U.S. Seeks Updated Definition of Conflict Diamonds,” Embassy of the United States in London, October 31, 2012;http://london.usembassy.gov/africa128.html17 “Executive Order ‐ Blocking Property of Additional Persons UnderminingDemocratic Processes or Institutions in Zimbabwe,” Office of Foreign Assets Control, November 23, ctions/Documents/zimb.pdf14Rapaport Special ReportMoral Clarity and the Diamond IndustryPage 8

What about the World Diamond Council System of Warranties (SoW)? Aren’t they supposed to ensurethat diamonds are legitimate? Doesn’t the SoW guarantee that diamonds are free of human rightsabuses? No and no again.The WDC is the puppet of the KP as indicated by their mission statement. “The primary objective of theWDC is to represent the diamond industry in the development and implementation of regulatory andvoluntary systems to control the trade in diamonds embargoed by the United Nations or covered by theKimberley Process Certification Scheme. Conflict diamonds are rough diamonds used by rebelmovements or their allies to finance conflict aimed at undermining legitimate governments, as describedin relevant resolutions by the UN Security Council and UN General Assembly.”18 Let’s be clear, if the

Rapaport Special Report Moral Clarity and the Diamond Industry Page 2 Table of Contents Moral Clarity Report Pages 3 – 17 . services to the international diamond trade. All Rapaport Group activities reflect our organization’s mission and values ‐ the development and .

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