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11.11.11 et al vs. Nami Gems

Case overview

Date filed 24 November 2004
Current status Rejected
Issue Belgian companies illegal resource exploitation in DRC
Summary of the case In October 2002, a United Nations Panel of Experts accused 85 OECD-based companies of violating the Guidelines for their direct or indirect roles in the illegal exploitation of natural resources in the Democratic Republic of Congo (DRC).

In November, 2004, a group of Belgian NGOs filed a complaint against Nami Gems and 3 other Belgian companies concerning the illegal exploitation of natural resources in the DRC. The complaint against Nami Gems is based on the findings of the abovementioned Panel and alleges that the company evades taxes, hides revenues, and does not provide to the relevant authorities the information necessary for the correct determination of taxes by smuggling of diamonds from DRC through Uganda to Belgium. By evading taxes, Nami Gems provides an unfair competition to legitimate buyers who correctly value and declare their merchandise, and therefore pays sales or export taxes.

Nami Gems also fails to apply good corporate governance practices. Nami Gems does not encourage their business partner to apply principles of corporate conduct compatible with the Guidelines. Nami Gems violates the existing Congolese regulations and provide financial resources for MLC rebels.

Developments/Outcome The complainants received a statement from the Belgian NCP in which it is stated that the case was rejected, citing lack of an investment nexus and that “things have changed for the better since the facts of the case”. The complainants responded to the statement with a press release criticizing the Belgian NCP's refusal to take a position on past violations.
Relevant OECD Guidelines
Case keywords Supply chain, Extractives / mining sector, Seeking/ accepting exemptions, Human rights, Taxation, Anti-competitive practices, Political involvement, Investment nexus, United Nations, Violent conflict

NCP Information

NCP name National Contact Point Belgium
NCP address Rue du Progrès 50 1210 Brussels, Belgium
NCP website www.ocde-principesdirecteurs.fgov.be
Other NCPs involved

Complainants

NGO

Company Information

Company responsible Nami Gems
Company address
Company website
Company in violation Nami Gems
Country of operations Congo, The Democratic Republic of the
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
23 May 2006 National Contact Point Belgium statement The NGO's receive a statement of the Belgian NCP in which it is stated that the Nami Gems case is rejected. The case is rejected on the grounds that: a.) things have changed for the better since the facts of the case, c. 2000 b.) ... no investment nexus download pdf (25Kb)  
23 May 2006 Proyecto Gato press release The complainants issue a press release reacting on the NCP's statement to reject the Nami Gems case. The NGO's disagree with the NCP's decision. download pdf (52Kb)  
24 November 2004 Wereldmediahuis vzw file A group of 15 Belgian NGOs filed a complaint at the Belgian NCP against Nami Gems for tax evasion and illegal exploitation of natural resources in the DRC. download pdf (39Kb)  

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