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19 U.S.C. § 3902 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Ways and Means and the Committee on International Relations of the House of Representatives, and the Committee on Finance and the Committee on Foreign Relations of the Senate.
(2) **Controlled through the Kimberley Process Certification Scheme** — An importation or exportation of rough diamonds is “controlled through the Kimberley Process Certification Scheme” if it is an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is—
(A) carried out in accordance with the Kimberley Process Certification Scheme, as set forth in regulations promulgated by the President; or
(B) controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the Kimberley Process Certification Scheme.
(3) **Exporting authority** — The term “exporting authority” means 1 or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate the Kimberley Process Certificate.
(4) **Importing authority** — The term “importing authority” means 1 or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regulating imports, including the verification of the Kimberley Process Certificate accompanying the shipment.
(5) **Kimberley Process Certificate** — The term “Kimberley Process Certificate” means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled thro
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Source location: Title 19, Chapter 25, § 3902; chapter-025-clean-diamond-trade.md
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In this chapter:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Ways and Means and the Committee on International Relations of the House of Representatives, and the Committee on Finance and the Committee on Foreign Relations of the Senate.
(2) **Controlled through the Kimberley Process Certification Scheme** — An importation or exportation of rough diamonds is “controlled through the Kimberley Process Certification Scheme” if it is an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is—
(A) carried out in accordance with the Kimberley Process Certification Scheme, as set forth in regulations promulgated by the President; or
(B) controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the Kimberley Process Certification Scheme.
(3) **Exporting authority** — The term “exporting authority” means 1 or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate the Kimberley Process Certificate.
(4) **Importing authority** — The term “importing authority” means 1 or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regulating imports, including the verification of the Kimberley Process Certificate accompanying the shipment.
(5) **Kimberley Process Certificate** — The term “Kimberley Process Certificate” means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled through the Kimberley Process Certification Scheme and contains the minimum elements set forth in Annex I to the Kimberley Process Certification Scheme.
(6) **Kimberley Process Certification Scheme** — The term “Kimberley Process Certification Scheme” means those standards, practices, and procedures of the international certification scheme for rough diamonds presented in the document entitled “Kimberley Process Certification Scheme” referred to in the Interlaken Declaration on the Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002.
(7) **Participant** — The term “Participant” means a state, customs territory, or regional economic integration organization identified by the Secretary of State.
(8) **Person** — The term “person” means an individual or entity.
(9) **Rough diamond** — The term “rough diamond” means any diamond that is unworked or simply sawn, cleaved, or bruted and classifiable under subheading 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff Schedule of the United States.
(10) **United States** — The term “United States”, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(11) **United States person** — The term “United States person” means—
(A) any United States citizen or any alien admitted for permanent residence into the United States;
(B) any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches); and
(C) any person in the United States.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Publication of Harmonized Tariff Schedule
The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402.
#### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule
Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds the following:
(1) Funds derived from the sale of rough diamonds are being used by rebels and state actors to finance military activities, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thousands have fled to the United States. Approximately 3,700,000 people have died during these wars.
(2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting but also by terrible human rights violations.
(3) Human rights and humanitarian advocates, the diamond trade as represented by the World Diamond Council, and the United States Government have been working to block the trade in conflict diamonds. Their efforts have helped to build a consensus that action is urgently needed to end the trade in conflict diamonds.
(4) The United Nations Security Council has acted at various times under chapter VII of the Charter of the United Nations to address threats to international peace and security posed by conflicts linked to diamonds. Through these actions, it has prohibited all states from exporting weapons to certain countries affected by such conflicts. It has further required all states to prohibit the direct and indirect import of rough diamonds from Sierra Leone unless the diamonds are controlled under specified certificate of origin regimes and to prohibit absolutely th
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Federal law — U.S. Code and appendices · legal_authorities
Page 1031
TITLE 19—CUSTOMS DUTIES
§ 3902
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 108–19, § 15, Apr. 25, 2003, 117 Stat. 637, provided
that: ‘‘This Act [enacting this chapter] shall take effect
on the date on which the President certifies to the Con-
gress that—
‘‘(1) an applicable waiver that has been granted by
the World Trade Organization is in effect; or
‘‘(2) an applicable decision in a resolution adopted
by the United Nations Security Council pursuant to
Chapter VII of the Charter of the United Nations is in
effect.
This Act shall thereafter remain in effect during those
periods in which, as certified by the President to the
Congress, an applicable waiver or decision referred to
in paragraph (1) or (2) is in effect.’’
[A Presidential message to Congress dated July 29,
2003, set out in 39 Weekly Compilation of Presidential
Documents 1002, Aug. 4, 2003, certified that an applica-
ble waiver granted by the World Trade Organization
was in effect and would remain in effect until Dec. 31,
2006. On Oct. 8, 2009, the President certified to Congress
that an applicable waiver granted by the World Trade
Organization had been in effect since Jan. 1, 2003, and
would remain in effect through Dec. 31, 2012. See H.
Doc. 111–67, Cong. Rec., vol 155, p. H11143, Daily Issue,
Oct. 8, 2009. In WTO Document WT/L/876 (Doc. No. 12-
6823), dated Dec. 14, 2012, and entitled ‘‘Extension of
Waiver Concerning Kimberley Process Certification
Scheme for Rough Diamonds’’, the World Trade Organi-
zation General Council extended a waiver as of Jan. 1,
2013, through Dec. 31, 2018. In WTO Document WT/L/1039
(Doc. No. 18-4778), dated July 30, 2018, and entitled ‘‘Ex-
tension of Waiver Concerning Kimberley Process Cer-
tification Scheme for Rough Diamon
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