§ 3902 TITLE 19—CUSTOMS DUTIES Page 852

implement the Kimberley Process Certifi- granted prior to July 30, 2003, the following are, except cation Scheme for Rough will be to the extent a waiver issued under section 4(b) of the consistent with international trade rules. Act [19 U.S.C. 3903(b)] applies, prohibited: (a) the importation into, or exportation from, the (Pub. L. 108–19, § 2, Apr. 25, 2003, 117 Stat. 631.) on or after July 30, 2003, of any rough di- amond, from whatever source, unless the rough dia- EFFECTIVE DATE mond has been controlled through the KPCS; Pub. L. 108–19, § 15, Apr. 25, 2003, 117 Stat. 637, provided (b) any transaction by a United States person any- that: ‘‘This Act [enacting this chapter] shall take effect where, or any transaction that occurs in whole or in on the date on which the President certifies to the Con- part within the United States, that evades or avoids, or gress that— has the purpose of evading or avoiding, or attempts to ‘‘(1) an applicable waiver that has been granted by violate, any of the prohibitions set forth in this sec- the World Trade Organization is in effect; or tion; and ‘‘(2) an applicable decision in a resolution adopted (c) any conspiracy formed to violate any of the prohi- by the Security Council pursuant to bitions of this section. Chapter VII of the Charter of the United Nations is in SEC. 2. Assignment of Functions. (a) The functions of effect. the President under the Act are assigned as follows: This Act shall thereafter remain in effect during those (i) sections 4(b) [19 U.S.C. 3903(b)], 5(c) [19 U.S.C. periods in which, as certified by the President to the 3904(c)], 6(b) [19 U.S.C. 3905(b)], 11 [19 U.S.C. 3910], and 12 Congress, an applicable waiver or decision referred to [19 U.S.C. 3911] to the Secretary of State; and in paragraph (1) or (2) is in effect.’’ (ii) sections 5(a) [19 U.S.C. 3904(a)] and 5(b) [19 U.S.C. [A Presidential message to Congress dated July 29, 3904(b)] to the Secretary of the Treasury. 2003, set out in 39 Weekly Compilation of Presidential (b) The Secretary of State and the Secretary of the Documents 1002, Aug. 4, 2003, certified that an applica- Treasury may reassign any of these functions to other ble waiver granted by the World Trade Organization officers, officials, departments, and agencies within the was in effect and would remain in effect until Dec. 31, executive branch, consistent with applicable law. 2006.] (c) In performing the function of the President under section 11 of the Act, the Secretary of State shall es- SHORT TITLE tablish the coordinating committee as part of the De- Pub. L. 108–19, § 1, Apr. 25, 2003, 117 Stat. 631, provided partment of State for administrative purposes only, that: ‘‘This Act [enacting this chapter] may be cited as and shall, consistent with applicable law, provide ad- the ‘Clean Trade Act’.’’ ministrative support to the coordinating committee. In the performance of functions assigned by subsection EX. ORD. NO. 13312. IMPLEMENTING THE CLEAN DIAMOND 2(a) of this order or by the Act, the Secretary of State, TRADE ACT the Secretary of the Treasury, and the Secretary of Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, pro- Homeland Security shall consult the coordinating com- vided: mittee, as appropriate. By the authority vested in me as President by the SEC. 3. Amendments to Related Executive Orders. (a) Constitution and the laws of the United States of [Amended Ex. Ord. No. 13194.] America, including the (Pub- (b) [Amended Ex. Ord. No. 13194.] lic Law 108–19) [19 U.S.C. 3901 et seq.] (the ‘‘Act’’), the (c) [Amended Ex. Ord. No. 13194.] International Emergency Economic Powers Act, as (d) [Amended Ex. Ord. No. 13213.] amended (50 U.S.C. 1701 et seq.), the National Emer- SEC. 4. Definitions. For the purposes of this order and gencies Act (50 U.S.C. 1601 et seq.), section 5 of the Executive Order 13194, the definitions set forth in sec- United Nations Participation Act [of 1945], as amended tion 3 of the Act [19 U.S.C. 3902] shall apply, and the (22 U.S.C. 287c), and section 301 of title 3, United States term ‘‘Kimberley Process Certification Scheme’’ shall Code, and in view of the national emergency described not be construed to include any changes to the KPCS and declared in Executive Order 13194 of January 18, after April 25, 2003. 2001 [50 U.S.C. 1701 note], and expanded in scope in Ex- SEC. 5. General Provisions. This order is not intended ecutive Order 13213 of May 22, 2001 [50 U.S.C. 1701 note], to, and does not, create any right or benefit, sub- I, GEORGE W. BUSH, President of the United States stantive or procedural, enforceable at law or in equity of America, note that, in response to the role played by by any party against the United States, its depart- the illicit trade in diamonds in fueling conflict and ments, agencies, instrumentalities or entities, its offi- human rights violations in , the President cers or employees, or any other person. declared a national emergency in Executive Order 13194 SEC. 6. Effective Date and Transmittal. (a) Sections 1 and imposed restrictions on the importation of rough and 3 of this order are effective at 12:01 a.m. eastern diamonds into the United States from Sierra Leone. I daylight time on July 30, 2003. The remaining provi- expanded the scope of that emergency in Executive sions of this order are effective immediately. Order 13213 and prohibited absolutely the importation (b) This order shall be transmitted to the Congress of rough diamonds from . I further note that and published in the Federal Register. representatives of the United States and numerous GEORGE W. BUSH. other countries announced in the Interlaken Declara- tion of November 5, 2002, the launch of the Kimberley § 3902. Definitions Process Certification Scheme (KPCS) for rough dia- In this chapter: monds, under which Participants prohibit the importa- tion of rough diamonds from, or the exportation of (1) Appropriate congressional committees rough diamonds to, a non-Participant and require that The term ‘‘appropriate congressional com- shipments of rough diamonds from or to a Participant mittees’’ means the Committee on Ways and be controlled through the KPCS. The Clean Diamond Means and the Committee on International Trade Act authorizes the President to take steps to im- plement the KPCS. Therefore, in order to implement Relations of the House of Representatives, and the Act, to harmonize Executive Orders 13194 and 13213 the Committee on Finance and the Committee with the Act, to address further threats to inter- on Foreign Relations of the Senate. national peace and security posed by the trade in con- (2) Controlled through the Kimberley Process flict diamonds, and to avoid undermining the legiti- Certification Scheme mate diamond trade, it is hereby ordered as follows: SECTION 1. Prohibitions. Notwithstanding the exist- An importation or exportation of rough dia- ence of any rights or obligations conferred or imposed monds is ‘‘controlled through the Kimberley by any contract entered into or any license or permit Process Certification Scheme’’ if it is an im-

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portation from the territory of a Participant (11) United States person or exportation to the territory of a Partici- The term ‘‘United States person’’ means— pant of rough diamonds that is— (A) any United States citizen or any alien (A) carried out in accordance with the admitted for permanent residence into the Kimberley Process Certification Scheme, as United States; set forth in regulations promulgated by the (B) any entity organized under the laws of President; or the United States or any jurisdiction within (B) controlled under a system determined the United States (including its foreign by the President to meet substantially the branches); and standards, practices, and procedures of the (C) any person in the United States. Kimberley Process Certification Scheme. (Pub. L. 108–19, § 3, Apr. 25, 2003, 117 Stat. 632.) (3) Exporting authority The term ‘‘exporting authority’’ means 1 or REFERENCES IN TEXT more entities designated by a Participant The Harmonized Tariff Schedule of the United States, from whose territory a shipment of rough dia- referred to in par. (9), is not set out in the Code. See monds is being exported as having the author- Publication of Harmonized Tariff Schedule note set out ity to validate the Kimberley Process Certifi- under section 1202 of this title. cate. § 3903. Measures for the importation and expor- (4) Importing authority tation of rough diamonds The term ‘‘importing authority’’ means 1 or (a) Prohibition more entities designated by a Participant into whose territory a shipment of rough diamonds The President shall prohibit the importation is imported as having the authority to enforce into, or exportation from, the United States of the laws and regulations of the Participant any rough diamond, from whatever source, that regulating imports, including the verification has not been controlled through the Kimberley of the Kimberley Process Certificate accom- Process Certification Scheme. panying the shipment. (b) Waiver (5) Kimberley Process Certificate The President may waive the requirements set The term ‘‘Kimberley Process Certificate’’ forth in subsection (a) with respect to a particu- means a forgery resistant document of a Par- lar country for periods of not more than 1 year ticipant that demonstrates that an importa- each, if, with respect to each such waiver— tion or exportation of rough diamonds has (1) the President determines and reports to been controlled through the Kimberley Proc- the appropriate congressional committees ess Certification Scheme and contains the that such country is taking effective steps to minimum elements set forth in Annex I to the implement the Kimberley Process Certifi- Kimberley Process Certification Scheme. cation Scheme; or (2) the President determines that the waiver (6) Kimberley Process Certification Scheme is in the national interests of the United The term ‘‘Kimberley Process Certification States, and reports such determination to the Scheme’’ means those standards, practices, appropriate congressional committees, to- and procedures of the international certifi- gether with the reasons therefor. cation scheme for rough diamonds presented in the document entitled ‘‘Kimberley Process (Pub. L. 108–19, § 4, Apr. 25, 2003, 117 Stat. 633.) Certification Scheme’’ referred to in the DELEGATION OF FUNCTIONS Interlaken Declaration on the Kimberley For assignment of functions of President under sub- Process Certification Scheme for Rough Dia- sec. (b) of this section, see section 2 of Ex. Ord. No. monds of November 5, 2002. 13312, July 29, 2003, 68 F.R. 45151, set out as a note under (7) Participant section 3901 of this title. The term ‘‘Participant’’ means a state, cus- § 3904. Regulatory and other authority toms territory, or regional economic integra- tion organization identified by the Secretary (a) In general of State. The President is authorized to and shall as (8) Person necessary issue such proclamations, regulations, licenses, and orders, and conduct such investiga- The term ‘‘person’’ means an individual or tions, as may be necessary to carry out this entity. chapter. (9) Rough diamond (b) Recordkeeping The term ‘‘rough diamond’’ means any dia- mond that is unworked or simply sawn, Any United States person seeking to export cleaved, or bruted and classifiable under sub- from or import into the United States any rough heading 7102.10, 7102.21, or 7102.31 of the Har- diamonds shall keep a full record of, in the form monized Tariff Schedule of the United States. of reports or otherwise, complete information relating to any act or transaction to which any (10) United States prohibition imposed under section 3903(a) of this The term ‘‘United States’’, when used in the title applies. The President may require such geographic sense, means the several States, person to furnish such information under oath, the District of Columbia, and any common- including the production of books of account, wealth, territory, or possession of the United records, contracts, letters, memoranda, or other States. papers, in the custody or control of such person.

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