Pt. 592 31 CFR Ch. V (7–1–12 Edition)

persons; that engages in an ongoing pattern ANNEX of serious criminal activity involving the ju- risdictions of at least two foreign states; and Entities that threatens the national security, foreign 1. THE BROTHERS’ CIRCLE (f.k.a. FAM- policy, or economy of the . ILY OF ELEVEN; f.k.a. THE TWENTY) Sec. 4. For those persons whose property 2. CAMORRA and interests in property are blocked pursu- 3. YAKUZA (a.k.a. BORYOKUDAN; a.k.a. ant to this order who might have a constitu- GOKUDO) tional presence in the United States, I find 4. LOS ZETAS that because of the ability to transfer funds or other assets instantaneously, prior notice PART 592—ROUGH to such persons of measures to be taken pur- suant to this order would render these meas- CONTROL REGULATIONS ures ineffectual. I therefore determine that for these measures to be effective in address- Subpart A—Relation of This Part to Other ing the national emergency declared in this Laws and Regulations order, there need be no prior notice of a list- Sec. ing or determination made pursuant to sec- 592.101 Relation of this part to other laws tion 1(a) of this order. and regulations. Sec. 5. The Secretary of the Treasury, in consultation with the Attorney General and Subpart B—Prohibitions the Secretary of State, is hereby authorized to take such actions, including the promul- 592.201 Prohibited importation and expor- gation of rules and regulations, and to em- tation of any rough ; permitted ploy all powers granted to the President by importation and exportation of any IEEPA, as may be necessary to carry out the rough diamond. purposes of this order. The Secretary of the 592.202 Evasions; attempts; conspiracies. Treasury may redelegate any of these func- tions to other officers and agencies of the Subpart C—General Definitions United States Government consistent with applicable law. All agencies of the United 592.301 Controlled through the Kimberley Process Certification Scheme. States Government are hereby directed to 592.302 Effective date. take all appropriate measures within their 592.303 Entity. authority to carry out the provisions of this 592.304 Exporting authority. order. 592.305 Importation into the United States. Sec. 6. The Secretary of the Treasury, in 592.306 Importing authority. consultation with the Attorney General and 592.307 Kimberley Process Certificate. the Secretary of State, is hereby authorized 592.308 Participant. to submit the recurring and final reports to 592.309 Person. the Congress on the national emergency de- 592.310 Rough diamond. clared in this order, consistent with section 592.311 United States. 401(c) of the NEA (50 U.S.C. 1641(c)) and sec- 592.312 United States person; U.S. person. tion 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 7. The Secretary of the Treasury, in Subpart D—Interpretations consultation with the Attorney General and the Secretary of State, is hereby authorized 592.401 Reference to amended sections. to determine that circumstances no longer 592.402 Effect of amendment. warrant the blocking of the property and in- 592.403 Transshipment or transit through terests in property of a person listed in the the United States. Annex to this order, and to take necessary 592.404 Importation into or release from a action to give effect to that determination. bonded warehouse or foreign trade zone. Sec. 8. This order is not intended to, and does not, create any right or benefit, sub- Subpart E—Records and Reports stantive or procedural, enforceable at law or 592.501 Records and reports. in equity by any party against the United 592.502 Annual reports by rough diamond States, its departments, agencies, or enti- importers and exporters. ties, its officers, employees, or agents, or any other person. Subpart F—Penalties Sec. 9. This order is effective at 12:01 a.m. eastern daylight time on July 25, 2011. 592.601 Penalties. 592.602 Prepenalty notice. 592.603 Response to prepenalty notice; infor- THE WHITE HOUSE, mal settlement. July 24, 2011. 592.604 Penalty imposition or withdrawal.

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592.605 Administrative collection; referral into, or exportation from, the United to United States Department of Justice. States on or after July 30, 2003, of any rough diamond, from whatever source, Subpart G—Procedures is prohibited, unless the rough diamond 592.701 Procedures. has been controlled through the Kim- 592.702 Delegation by the Secretary of the berley Process Certification Scheme. Treasury. (b) The prohibitions in paragraph (a) of this section regarding the importa- Subpart H—Paperwork Reduction Act tion into, or exportation from, the 592.801 Paperwork Reduction Act notice. United States of any rough diamond not controlled through the Kimberley AUTHORITY: 3 U.S.C. 301; 31 U.S.C. 321(b); Pub. L. 108–19, 117 Stat. 631 (19 U.S.C. 3901– Process Certification Scheme do not 3913); E.O. 13312, 68 FR 45151 3 CFR, 2003 apply to an importation from, or expor- Comp., p. 246. tation to, any country with respect to

SOURCE: 69 FR 56938, Sept. 23, 2004, unless which the Secretary of State has otherwise noted. granted a waiver pursuant to section 4(b) of the Subpart A—Relation of This Part to (Pub. L. 108–19) and section 2(a)(i) of Other Laws and Regulations Executive Order 13312. NOTE TO § 592.201. An importation of any § 592.101 Relation of this part to other rough diamond from, or an exportation of laws and regulations. any rough diamond to, a non-Participant is This part is separate from, and inde- not controlled through the Kimberley Proc- pendent of, the other parts of this ess Certification Scheme and thus is not per- chapter, with the exception of part 501 mitted, except in the following cir- cumstance. The Secretary of State may, pur- of this chapter, the recordkeeping and suant to section 4(b) of the Clean Diamond reporting requirements and procedures Trade Act, waive the prohibitions contained of which apply to this part. Actions in section 4(a) of that Act with respect to a taken pursuant to part 501 of this chap- particular country for periods of not more ter with respect to the prohibitions than one year each. The Secretary of State contained in this part are considered will publish a notice in the FEDERAL REG- actions taken pursuant to this part. ISTER identifying any country with respect Differing foreign policy and national to which a waiver applies and specifying the security circumstances may result in relevant time period during which the waiver differing interpretations of similar lan- will apply. guage among the parts of this chapter. § 592.202 Evasions; attempts; conspir- No license or authorization contained acies. in or issued pursuant to those other parts authorizes any transaction pro- (a) Notwithstanding the existence of hibited by this part. No license or au- any rights or obligations conferred or thorization contained in or issued pur- imposed by any contract entered into suant to any other provision of law or or any license or permit granted prior regulation authorizes any transaction to July 30, 2003, any transaction by a prohibited by this part. United States person anywhere, or any transaction that occurs in whole or in Subpart B—Prohibitions part within the United States, on or after the effective date that evades or § 592.201 Prohibited importation and avoids, or has the purpose of evading or exportation of any rough diamond; avoiding, or attempts to violate, any of permitted importation or expor- the prohibitions set forth in this part tation of any rough diamond. is prohibited. (a) Except to the extent provided in (b) Notwithstanding the existence of paragraph (b) of this section, and not- any rights or obligations conferred or withstanding the existence of any imposed by any contract entered into rights or obligations conferred or im- or any license or permit granted prior posed by any contract entered into or to July 30, 2003, any conspiracy formed any license or permit granted prior to to violate any of the prohibitions of the effective date, the importation this part is prohibited.

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