19 U.S.C. § 3905 — Importing and exporting authorities

Page 1033 TITLE 19—CUSTOMS DUTIES § 3907 Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 15 of Pub. L. 108–19, set out as a note under section 3901 of this title. Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under sub- sec. (b) of this section, see section 2 of Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, set out as a note under section 3901 of this title. § 3904. Regulatory and other authority (a) In general The President is authorized to and shall as necessary issue such proclamations, regulations, licenses, and orders, and conduct such investiga- tions, as may be necessary to carry out this chapter. (b) Recordkeeping Any United States person seeking to export from or import into the United States any rough diamonds shall keep a full record of, in the form of reports or otherwise, complete information relating to any act or transaction to which any prohibition imposed under section 3903(a) of this title applies. The President may require such person to furnish such information under oath, including the production of books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (c) Oversight The President shall require the appropriate Government agency to conduct annual reviews of the standards, practices, and procedures of any entity in the United States that issues Kim- berley Process Certificates for the exportation from the United States of rough diamonds to de- termine whether such standards, practices, and procedures are in accordance with the Kim- berley Process Certification Scheme. The Presi- dent shall transmit to the appropriate congres- sional committees a report on each annual re- view under this subsection. (Pub. L. 108–19, § 5, Apr. 25, 2003, 117 Stat. 634.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 15 of Pub. L. 108–19, set out as a note under section 3901 of this title. Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under this section, see section 2 of Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, set out as a note under section 3901 of this title. § 3905. Importing and exporting authorities (a) In the United States For purposes of this chapter— (1) the importing authority shall be the United States Bureau of Customs and Border Protection or, in the case of a territory or pos- session of the United States with its own cus- toms administration, analogous officials; and (2) the exporting authority shall be the Bu- reau of the Census. (b) Of other countries The President shall publish in the Federal Register a list of all Participants, and all ex- porting authorities and importing authorities of Participants. The President shall update the list as necessary. (Pub. L. 108–19, § 6, Apr. 25, 2003, 117 Stat. 634.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 15 of Pub. L. 108–19, set out as a note under section 3901 of this title. Executive Documents DELEGATION OF FUNCTIONS For assignment of functions of President under sub- sec. (b) of this section, see section 2 of Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, set out as a note under section 3901 of this title. § 3906. Statement of policy The Congress supports the policy that the President shall take appropriate steps to pro- mote and facilitate the adoption by the inter- national community of the Kimberley Process Certification Scheme implemented under this chapter. (Pub. L. 108–19, § 7, Apr. 25, 2003, 117 Stat. 634.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date of this section, see section 15 of Pub. L. 108–19, set out as a note under section 3901 of this title. § 3907. Enforcement (a) In general In addition to the enforcement provisions set forth in subsection (b)— (1) a civil penalty of not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any license, order, or reg- ulation issued under this chapter; and (2) whoever willfully violates, or willfully at- tempts to violate, any license, order, or regu- lation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than 10 years, or both; and any officer, director, or agent of any corporation who will- fully participates in such violation may be punished by a like fine, imprisonment, or both. (b) Import violations Those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws shall apply with respect to rough diamonds imported in vio- lation of this chapter. (c) Authority to enforce The United States Bureau of Customs and Bor- der Protection and the United States Bureau of