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Federal Register/Vol. 78, No. 130 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40627 processor rather than as the provider of provisions of the Regulatory Flexibility Background goods and services to the committee. Act, which apply when notice and I. Purpose See 11 CFR 102.9. The itemization comment are required by the requirement prevents a committee from Administrative Procedure Act or In response to the role played by the avoiding the Act’s disclosure another statute, do not apply. See 5 illicit trade in diamonds in fueling requirements by placing operating U.S.C. 603(a). conflict and human rights violations in expenditures on a credit card.3 certain areas of the world, and to Dated: June 27, 2013. differentiate between the trade in 3. Unreimbursed Disbursements by On behalf of the Commission. conflict diamonds and the trade in Candidates Ellen L. Weintraub, legitimate diamonds, the United States A candidate may make unlimited Chair, Federal Election Commission. and numerous other countries expenditures from personal funds on [FR Doc. 2013–16125 Filed 7–5–13; 8:45 am] announced in the Interlaken Declaration behalf of his or her authorized BILLING CODE 6715–01–P of November 5, 2002, the launch of the committee. See 11 CFR 110.10. Any Kimberley Process Certification Scheme candidate who ‘‘makes a disbursement (KPCS) for rough diamonds. Under the KPCS, participating countries prohibit in connection with [his or her own] DEPARTMENT OF HOMELAND the importation of rough diamonds campaign, shall be considered . as SECURITY having made the disbursement . as from, or the exportation of rough an agent of the authorized committee or U.S. Customs and Border Protection diamonds to, a non-participant and committees of such candidate.’’ 2 U.S.C. require that shipments of rough 432(e)(2); see also 11 CFR 101.2(a). DEPARTMENT OF THE TREASURY diamonds from or to a participating Authorized committees must disclose country be controlled through the KPCS. these disbursements on their reports 19 CFR Part 12, 163, and 178 The U.S. Secretary of State is filed with the Commission just as they responsible for providing an up-to-date would disclose any other disbursements [USCBP–2012–0022; CBP Dec. 13–10] listing of all participants in the KPCS. that they may make. 2 U.S.C. 434(b)(4), Swaziland was added to the list of (5), (6)(A); 11 CFR 104.3(b)(4). RIN 1515–AD85 participants in the KPCS and the Thus, out-of-pocket spending by addition was announced in the Federal Prohibitions and Conditions on the candidates, as agents of their authorized Register (77 FR 27831) on May 11, 2012, committees, requires memo entry Importation and Exportation of Rough and Cambodia, Cameroon, Kazakhstan, itemization of the ultimate payee if the Diamonds and Panama were added to the list of aggregate amount of payments to that AGENCIES: U.S. Customs and Border participants and announced in the vendor exceeds $200 for the election Protection, Department of Homeland Federal Register (78 FR 12135) on cycle. The memo entry must include the Security; Department of the Treasury. February 21, 2013. date, amount, and purpose of the out-of- ACTION: Final rule. II. Clean Diamond Trade Act and pocket payments, as well as the name Executive Order and address of the vendor to which SUMMARY: This document amends the payment was made.4 U.S. Customs and Border Protection The Clean Diamond Trade Act (the This interpretive rule clarifies the (CBP) regulations to set forth the Act), Public Law 108–19, 117 Stat. 631 Commission’s interpretation of existing prohibitions and conditions that are (19 U.S.C. 3901 et seq.), was enacted on statutory and regulatory provisions, and applicable to the importation and April 25, 2003. Section 4 of the Act therefore does not constitute an agency exportation of rough diamonds pursuant requires the President, subject to certain action subject to the notice and to the Clean Diamond Trade Act, as waiver authorities, to prohibit the comment requirements or a delayed implemented by the President in importation into, or exportation from, effective date under the Administrative Executive Order 13312 dated July 29, the United States of any rough diamond, Procedure Act. See 5 U.S.C. 553. The 2003, and the Rough Diamonds Control from whatever source, that has not been Regulations (RDCR) issued by the Office controlled through the KPCS. Section 3 This clarification is consistent with the of Foreign Assets Control of the U.S. 5(a) of the Act authorizes the President Commission’s Report Analysis Division Review and Department of the Treasury. In addition to issue such proclamations, Referral Procedures for the 2011–2012 Election regulations, licenses, and orders, and Cycle, p. 96 (http://www.fec.gov/pdf/ to restating pertinent provisions of the RAD_Procedures.pdf). Similarly with RDCR, the amendments clarify that any conduct such investigations, as may be reimbursements to committee staff, the U.S. person exporting from, or necessary to carry out the Act. Section Commission’s Reports Analysis Division has been importing to, the United States a 5(b) of the Act sets forth the general sending Requests for Additional Information to recordkeeping requirements that apply authorized committees that did not provide memo shipment of rough diamonds must entries for credit card payments above the retain for a period of at least five years to persons seeking to export from or applicable thresholds since the 1983–1984 election a copy of the Kimberley Process import into the United States any rough cycle. diamonds. Section 5(b) specifically 4 Unlike the former two circumstances, this Certificate that currently must accompany such shipments and make provides that any United States person scenario is not addressed in the Commission’s seeking to export from or import into Reports Analysis Division Review and Referral the copy available for inspection when Procedures for the 2011–2012 Election Cycle that requested by CBP. The document also the United States any rough diamonds has been made public with redactions. Although shall keep a full record of, in the form the Reports Analysis Division will initiate a regular requires formal entry for shipments of rough diamonds. of reports or otherwise, complete practice of sending Requests for Additional information relating to any act or Information for failure to itemize the vendor for DATES: Effective August 7, 2013. candidate out-of-pocket expenditures on behalf of transaction to which any prohibition his or her authorized committee, this portion of the FOR FURTHER INFORMATION CONTACT: imposed under section 4(a) of the Act interpretive rule will be applied prospectively. The Brian Barulich, Regulations and applies. Section 5(b) further provides adequacy of the responses to Requests for Rulings, Office of International Trade, Additional Information on this issue will only be that such person may be required to judged for those sent after the adoption of this (202) 325–0059. furnish such information under oath, interpretive rule. SUPPLEMENTARY INFORMATION: including the production of books of VerDate Mar<15>2010 16:01 Jul 05, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\08JYR1.SGM 08JYR1 tkelley on DSK3SPTVN1PROD with RULES 40628 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations account, records, contracts, letters, Submission of Kimberley Process CFR 758.7). The commenter also noted memoranda, or other papers, in the Certificates’’ and ‘‘Revised Notice of two CBP rulings and asserted that custody or control of such person. In Request for Faxed Submission of through these rulings, CBP is instructing addition to CBP having the authority to Kimberley Process Certificates,’’ the public to mount rough diamonds to apply the customs laws to import requiring importers, brokers, and parties escape regulatory controls. Finally, the violations of the Act, section 8 involved in the export of rough commenter requested information on authorizes CBP and U.S. Immigration diamonds to immediately fax their the amount of time and money that was and Customs Enforcement (ICE), as Kimberley Process Certificates spent to develop the proposed appropriate, to assess penalties and (including voided certificates) to the rulemaking. enforce the export laws and regulations. U.S. Census Bureau upon clearance of CBP Response: See also 15 CFR 30.70. Therefore, their shipments into the commerce of While some of the proposed pursuant to section 8, CBP may assess the United States by CBP or upon export amendments restate the pertinent penalties for export recordkeeping of their shipments from the United provisions of the RDCR and cross- violations. However, CBP notes that the States, as applicable. reference other agency regulations penalties issued pursuant to section 19 On August 15, 2012, CBP published a related to rough diamonds (e.g., 15 CFR U.S.C. 1509(g) for failure to comply with proposed rule in the Federal Register part 30), CBP has made substantive 19 U.S.C. 1509(a)(1)(A) do not apply to (77 FR 48918) proposing to amend title changes to its regulations through the recordkeeping requirements for export 19 of the Code of Federal Regulations other proposed amendments. For documents. (19 CFR) to restate pertinent provisions example, the proposed amendments On July 29, 2003, the President issued of the RDCR issued by OFAC. The clarify that any U.S. person exporting Executive Order 13312 (published in the document also proposed to make from or importing into the United States Federal Register (68 FR 45151) on July amendments to clarify that any U.S. a shipment of rough diamonds must 31, 2003) to implement the Act, person exporting from or importing into retain for a period of at least five years effective for rough diamonds imported the United States a shipment of rough a copy of the Kimberley Process into, or exported from, the United States diamonds must retain for a period of at Certificate that currently must on or after July 30, 2003.
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