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Federal Register/Vol. 72, No. 119/Thursday, June 21, 2007/Notices

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Federal Register/Vol. 72, No. 119/Thursday, June 21, 2007/Notices 34326 Federal Register / Vol. 72, No. 119 / Thursday, June 21, 2007 / Notices general, to protect investors and the Funds, all of which are aware of the Section 2 of Executive Order 13312 of public interest. The Commission also proposed listing and annual fees. July 29, 2003, the Department of State finds that the proposed rule change is The Commission believes the Fee is identifying all the Participants consistent with Section 6(b)(4) of the Schedule overall is consistent with the eligible for trade in rough diamonds Act,12 which requires that the rules of Act. The Commission notes that the under the Act, and their respective the exchange provide for the equitable proposed annual and listing fees are Importing and Exporting Authorities, allocation of reasonable dues, fees, and identical to the fee schedule for Closed- and revising the previously published other charges among its members and End Funds and Derivative Securities list of December 26, 2006 (Volume 71, issuers and other persons using its Products of the New York Stock Number 247, page 77435) to include facilities. Exchange LLC (‘‘NYSE’’) as set forth in Liberia. NYSE Arca’s proposal specifies the Sections 902.04 and 902.07 of the NYSE listing fees and annual fees applicable to Listed Company Manual. The FOR FURTHER INFORMATION CONTACT: Sue Derivative Securities Products, Closed- Commission notes that applying Saarnio, Special Advisor for Conflict End Funds, and Structured Products. sections of the amended Fee Schedule, Diamonds, Bureau of Economic and Numerical examples on how fees are effective as of January 1, 2007, will Business Affairs, Department of State, calculated provide appropriate enable the Exchange to apply its Fee (202) 647–1713. 13 clarification, where necessary. The Schedule uniformly to all affected SUPPLEMENTARY INFORMATION: Section 4 Commission notes that the amended Fee issuers listed on the Exchange, of the Clean Diamond Trade Act (the Schedule will in some cases reduce and including those listed in the first quarter ‘‘Act’’) requires the President to prohibit in some cases increase the applicable of 2007, who may benefit from cost the importation into, or the exportation listing fees and annual fees owed by savings resulting from the revised Fee from, the United States of any rough issuers, depending on various factors Schedule. diamond, from whatever source, that including the number of funds listed by has not been controlled through the IV. Conclusion the same issuer, the shares outstanding Kimberley Process Certification Scheme for each fund, and with respect to It is therefore ordered, pursuant to (KPCS). Under Section 3(2) of the Act, Closed-End Funds, the applicability of Section 19(b)(2) of the Act,16 that the ‘‘controlled through the Kimberley fee discounts, limitations, minimums proposed rule change, as amended, (SR– Process Certification Scheme’’ means an and caps. NYSEArca–2007–22) is hereby importation from the territory of a The Commission notes that the approved. Participant or exportation to the revised Annual Fee for Derivative For the Commission, by the Division of territory of a Participant of rough Securities Products would be billed diamonds that is either (i) carried out in quarterly in arrears, beginning after the Market Regulation, pursuant to delegated authority.17 accordance with the KPCS, as set forth first calendar quarter in 2007, effective in regulations promulgated by the as of January 1, 2007.14 The proposed Florence E. Harmon, President, or (ii) controlled under a Annual Fee for Closed-End Funds Deputy Secretary. system determined by the President to would apply as of January 1, 2007, and, [FR Doc. E7–12017 Filed 6–20–07; 8:45 am] meet substantially the standards, for issuers listed in calendar year 2007, BILLING CODE 8010–01–P practices, and procedures of the KPCS. will be pro-rated based on days listed in The referenced regulations are 2007. The proposed listing fees for contained at 31 CFR part 592 (‘‘Rough Derivative Securities Products would DEPARTMENT OF STATE Diamonds Control Regulations’’) (69 FR also be effective as of January 1, 2007 56936, September 23, 2004). while the listing fees for Closed-End [Public Notice 5839] Funds will be effective as of the date of Section 6(b) of the Act requires the Bureau of Economic, Energy, and President to publish in the Federal this approval order. NYSE Arca Business Affairs; List of May 03, 2007, represented that the retroactive fees Register a list of all Participants, and all of Participating Countries and Entities would affect only a few issuers, Importing and Exporting Authorities of (Hereinafter Known as ‘‘Participants’’) specifically two issuers of Investment Participants, and to update the list as Under the Clean Diamond Trade Act of Company Units (Derivative Securities necessary. Section 2 of Executive Order 2003 (Public Law 108–19) and Section Products) 15 and three Closed-End 13312 of July 29, 2003 delegates this 2 of Executive Order 13312 of July 29, function to the Secretary of State. 2003 12 15 U.S.C. 78f(b)(4). Section 3(7) of the Act defines 13 For example, the Fee Schedule specifies that AGENCY: Department of State. ‘‘Participant’’ as a State, customs treasury stock, restricted stock and shares issued in territory, or regional economic conjunction with the exercise of an over-allotment ACTION: Notice. option, if applicable, are included in the number of integration organization identified by shares a Closed-End Fund is billed for at the time SUMMARY: In accordance with Sections 3 the Secretary of State. Section 3(3) of the a security is first listed. and 6 of the Clean Diamond Trade Act Act defines ‘‘Exporting Authority’’ as 14 Billing for the first calendar quarter of 2007, for of 2003 (Public Law 108–19) and one or more entities designated by a example, will be based on the number of shares Participant from whose territory a outstanding for an issue on March 30, 2007. For example, for an issue with 45 million shares Company Units of one issuer with two separate shipment of rough diamonds is being outstanding on March 30, 2007, the Annual Fee trusts was a transfer from another national exported as having the authority to payable for the quarter would be $1,000 ($4,000 securities exchange and not subject to a listing fee validate a Kimberley Process Certificate. Annual Fee divided by 4). If, at the end of the in accordance with Commentary .04 to the Section 3(4) of the Act defines second calendar quarter of 2007, the number of Exchange’s Fee Schedule (which will cease to have shares outstanding for such issue increased to 55 effect on December 31, 2007). An additional issuer, ‘‘Importing Authority’’ as one or more million, the Annual Fee payable for such quarter which listed a series of Investment Company Units entities designated by a Participant into would be $2,000 ($8,000 Annual Fee divided by 4). on the Exchange on March 28, 2007, would incur whose territory a shipment of rough For the list of revised annual fees, see Notice, supra $5,000 under the proposed fee schedule, rather than diamonds is imported as having the note 3. the current $20,000 initial listing fee and, thus, 15 NYSE Arca represented that the retroactive fees benefit from this proposal. authority to enforce the laws and would not affect the Derivative Securities Products 16 15 U.S.C. 78s(b)(2). regulations of the Participant regarding currently listed on the Exchange. The Investment 17 17 CFR 200.30–3(a)(12). imports, including the verification of VerDate Aug<31>2005 18:22 Jun 20, 2007 Jkt 211001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 72, No. 119 / Thursday, June 21, 2007 / Notices 34327 the Kimberley Process Certificate Mauritius—Ministry of Commerce. I hereby determine that the objects to be accompanying the shipment. Namibia—Ministry of Mines and included in the exhibition ‘‘De´ja` Vu? Energy. Revealing Repetition in French List of Participants New Zealand—Ministry of Foreign Masterpieces’’, imported from abroad Pursuant to Section 3 of the Clean Affairs and Trade. for temporary exhibition within the Diamond Trade Act (the Act), Section 2 Norway—The Norwegian Goldsmiths’ United States, are of cultural of Executive Order 13312 of July 29, Association. significance. The objects are imported 2003, and Delegation of Authority No. Russia—Gokhran, Ministry of pursuant to loan agreements with the 294 (July 6, 2006), I hereby identify the Finance. foreign owners or custodians. I also following entities as of May 03, 2007, as Sierra Leone—Government Gold and determine that the exhibition or display Participants under section 6(b) of the Diamond Office. of the exhibit objects at the Walters Art Act. Included in this List are the Singapore—Singapore Customs. Museum, Baltimore, Maryland, from on Importing and Exporting Authorities for South Africa—South African or about October 7, 2007, until on or Participants, as required by Section 6(b) Diamond Board. about January 1, 2008, and at the of the Act. This list revises the Sri Lanka—National Gem and Phoenix Art Museum, Phoenix, Arizona, previously published list of December Jewellery Authority. from on or about January 20, 2008, until 26, 2006 (Volume 71, Number 247 Switzerland—State Secretariat for on or about May 4, 2008, and at possible 77435). Economic Affairs. additional exhibitions or venues yet to Angola—Ministry of Geology and Taiwan—Bureau of Foreign Trade. be determined, is in the national Mines. Tanzania—Commissioner for interest. Public Notice of these Armenia—Ministry of Trade and Minerals. Determinations is ordered to be Economic Development. Thailand—Ministry of Commerce. published in the Federal Register.
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