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Certification Scheme’’ shall not be construed a.m. eastern daylight time on July 30, 2003, to include any changes to the KPCS after and the remaining provisions of the order April 25, 2003. take effect immediately. Sec. 5. General Provisions. This order is On January 18, 2001, the President issued not intended to, and does not, create any Executive Order 13194 taking into account right or benefit, substantive or procedural, United Nations Security Council Resolution enforceable at law or in equity by any party (UNSCR) 1306 of July 5, 2000. That order against the United States, its departments, declared a national emergency in response agencies, instrumentalities or entities, its offi- to the role played by the illicit trade in dia- cers or employees, or any other person. monds in fueling conflict and human rights Sec. 6. Effective Date and Transmittal. (a) violations in Sierra Leone and prohibited the Sections 1 and 3 of this order are effective importation into the United States of rough at 12:01 a.m. eastern daylight time on July diamonds from Sierra Leone that were not 30, 2003. The remaining provisions of this controlled by the Government of Sierra order are effective immediately. Leone through its Certificate of Origin re- (b) This order shall be transmitted to the gime. Congress and published in the Federal Reg- On May 22, 2001, I issued Executive ister. Order 13213 taking into account UNSCR George W. Bush 1343 of March 7, 2001. That order expanded The White House, the scope of the national emergency declared July 29, 2003. in Executive Order 13194 to respond to, among other things, the Government of Li- [Filed with the Office of the Federal Register, beria’s complicity in the illicit trade in rough 9:18 a.m., July 30, 2003] diamonds through Liberia. Executive Order 13213 prohibited the direct or indirect im- NOTE: This Executive order was published in the portation into the United States of all rough Federal Register on July 31. diamonds from Liberia, whether or not such diamonds originated in Liberia, except to the Letter to Congressional Leaders extent provided in regulations, orders, direc- Transmitting the Executive Order tives, or licenses issued pursuant to the order. Implementing the Clean Diamond The United Nations ban against the impor- Trade Act tation of rough diamonds from Sierra Leone without a certificate of origin, imposed by July 29, 2003 UNSCR 1306 and renewed by UNSCR 1446 Dear Mr. Speaker: (Dear Mr. President:) of December 4, 2002, expired on June 4, Consistent with section 204(b) of the 2003. The United Nations Security Council International Emergency Economic Powers decided not to renew the measure in light Act, 50 U.S.C. 1703(b), and section 301 of of the Government of Sierra Leone’s in- the National Emergencies Act, 50 U.S.C. creased efforts to control and manage its dia- 1631, I hereby report that I have issued an mond industry and ensure proper control Executive Order (copy attached) to imple- over diamond mining areas, as well as the ment the Clean Diamond Trade Act, Public Government’s full participation in the KPCS. Law 108–19 (the ‘‘Act’’), which authorizes Although the hostilities fueled by and funded the President to take steps to implement the with conflict diamonds have ceased in Sierra Kimberley Process Certification Scheme Leone, the attendant peace and stability are (KPCS) for rough diamonds in the United tentative, fragile, and jeopardized by ongoing States. In addition, my Executive Order illicit diamond production and smuggling. In amends Executive Orders 13194 and 13213 addition, the Security Council, through to harmonize those orders with the Act and UNSCR 1478 of May 6, 2003, renewed for to reflect recent developments in Sierra 1 year the absolute import ban on rough dia- Leone and Liberia. The prohibitions in sec- monds from Liberia based on evidence that tion 1 and 3 of the order take effect at 12:01 the Government of Liberia continues to

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breach the measures imposed by UNSCR include any changes to the KPCS after April 1343. 25, 2003. In a related development, representatives My Executive Order demonstrates the of the United States and numerous other U.S. commitment to exclude conflict dia- countries, including Sierra Leone, an- monds from international trade, while pro- nounced in the Interlaken Declaration of moting the legitimate trade in rough dia- November 5, 2002, the launch of the KPCS. monds that is so vital to many nations in Afri- Participants in the KPCS are expected to ca and elsewhere. prohibit the importation of rough diamonds Sincerely, from, or the exportation of rough diamonds George W. Bush to, a non-Participant and to require that ship- ments of rough diamonds from or to a Partic- NOTE: Identical letters were sent to J. Dennis ipant be controlled through the KPCS. The Hastert, Speaker of the House of Representatives, Clean Diamond Trade Act, which I signed and Richard B. Cheney, President of the Senate. on April 25, 2003, enables the United States to implement the KPCS by providing that, when the Act is in effect, the President shall, Letter to Congressional Leaders on subject to certain waiver authorities, prohibit Waiver Certification To Implement the importation into, or exportation from, the the Clean Diamond Trade Act United States of any rough diamond, from July 29, 2003 whatever source, that has not been controlled through the KPCS. Dear Mr. Speaker: (Dear Mr. President:) My Executive Order will implement the The Clean Diamond Trade Act (Public Clean Diamond Trade Act and amend Exec- Law 108–19) (the ‘‘Act’’) authorizes the utive Orders 13194 and 13213 to harmonize President to prohibit the importation into, or those orders with the Act and to reflect re- exportation from, the United States of any cent developments in Sierra Leone and Libe- rough diamond that has not been ‘‘controlled ria. Section 1 of the Executive Order puts through the Kimberley Process Certification in place, as of July 30, 2003, the prohibitions Scheme.’’ Section 15 of the Act provides that of section 4(a) of the Clean Diamond Trade the Act shall take effect on the date on which Act. Section 2 of my Executive Order assigns the President certifies to the Congress that various functions of the President under the (1) an applicable waiver that has been grant- Act to the Secretary of State and the Sec- ed by the World Trade Organization (WTO) retary of the Treasury, including authorizing is in effect, or (2) an applicable decision in the Secretary of the Treasury to issue imple- a resolution adopted by the United Nations menting regulations. Security Council pursuant to Chapter VII of Section 3 of my Executive Order amends the Charter of the United Nations is in effect. Executive Orders 13194 and 13213 in the fol- Section 15 further provides that the Act shall lowing ways. Executive Order 13194 is re- thereafter remain in effect during those peri- vised to control rough diamonds from Sierra ods in which, as certified by the President Leone through the KPCS, rather than to the Congress, such an applicable waiver through the Certificate of Origin regime of or decision is in effect. the Government of Sierra Leone. Executive On May 15, 2003, the WTO General Order 13213 is revised to remove, consistent Council (copy attached) adopted a waiver de- with section 4(a) of the Clean Diamond cision pursuant to Article IX of the Marra- Trade Act, licensing and other authorities kesh Agreement Establishing the World with respect to rough diamonds from Liberia. Trade Organization (WTO Agreement) con- Finally, section 4 of my Executive Order cerning the Kimberley Process Certification provides that for the purposes of the order Scheme for rough diamonds (Certification and Executive Order 13194, the definitions Scheme). The decision waives the following set forth in section 3 of the Act shall apply, provisions of the WTO Agreement’s General and that the term ‘‘Kimberley Process Cer- Agreement on Tariffs and Trade 1994: para- tification Scheme’’ shall not be construed to graph 1 of Article I, paragraph 1 of Article

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