19 U.S.C. § 3901 — Findings

Page 1030 TITLE 19—CUSTOMS DUTIES § 3901 (C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by en- tities described in subparagraph (B) or United States citizens, or both. (12) Uruguay Round Agreements The term ‘‘Uruguay Round Agreements’’ has the meaning given that term in section 3501(7) of this title. (13) World Trade Organization; WTO The terms ‘‘World Trade Organization’’ and ‘‘WTO’’ mean the organization established pursuant to the WTO Agreement. (14) WTO Agreement The term ‘‘WTO Agreement’’ means the Agreement Establishing the World Trade Or- ganization entered into on April 15, 1994. (15) WTO member The term ‘‘WTO member’’ has the meaning given that term in section 3501(10) of this title. (Pub. L. 107–210, div. B, title XXI, § 2113, Aug. 6, 2002, 116 Stat. 1021; Pub. L. 108–429, title II, § 2004(a)(19), Dec. 3, 2004, 118 Stat. 2591.) Editorial Notes AMENDMENTS 2004—Pars. (2), (3). Pub. L. 108–429 redesignated second par. (2), relating to Agreement on Subsidies and Coun- tervailing Measures, as (3), substituted ‘‘3511(d)(12)’’ for ‘‘3511(d)(13)’’, and in par. (2) relating to Agreement on Safeguards, substituted ‘‘3511(d)(13)’’ for ‘‘3511(d)(12)’’. CHAPTER 25—CLEAN DIAMOND TRADE Sec. 3901. Findings. 3902. Definitions. 3903. Measures for the importation and exportation of rough diamonds. 3904. Regulatory and other authority. 3905. Importing and exporting authorities. 3906. Statement of policy. 3907. Enforcement. 3908. Technical assistance. 3909. Sense of Congress. 3910. Kimberley Process Implementation Coordi- nating Committee. 3911. Reports. 3912. GAO report. 3913. Delegation of authorities. § 3901. Findings Congress finds the following: (1) Funds derived from the sale of rough dia- monds are being used by rebels and state ac- tors 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 coun- tries, 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 soci- eties have been torn apart not only by fighting but also by terrible human rights violations. (3) Human rights and humanitarian advo- cates, 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 ur- gently needed to end the trade in conflict dia- monds. (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 fur- ther required all states to prohibit the direct and indirect import of rough diamonds from Sierra Leone unless the diamonds are con- trolled under specified certificate of origin re- gimes and to prohibit absolutely the direct and indirect import of rough diamonds from Liberia. (5) In response, the United States imple- mented sanctions restricting the importation of rough diamonds from Sierra Leone to those diamonds accompanied by specified certifi- cates of origin and fully prohibiting the im- portation of rough diamonds from Liberia. The United States is now taking further action against trade in conflict diamonds. (6) Without effective action to eliminate trade in conflict diamonds, the trade in legiti- mate diamonds faces the threat of a consumer backlash that could damage the economies of countries not involved in the trade in conflict diamonds and penalize members of the legiti- mate trade and the people they employ. To prevent that, South Africa and more than 30 other countries are involved in working, through the ‘‘Kimberley Process’’, toward de- vising a solution to this problem. As the con- sumer of a majority of the world’s supply of diamonds, the United States has an obligation to help sever the link between diamonds and conflict and press for implementation of an ef- fective solution. (7) Failure to curtail the trade in conflict diamonds or to differentiate between the trade in conflict diamonds and the trade in legiti- mate diamonds could have a severe negative impact on the legitimate diamond trade in countries such as Botswana, Namibia, South Africa, and Tanzania. (8) Initiatives of the United States seek to resolve the regional conflicts in sub-Saharan Africa which facilitate the trade in conflict diamonds. (9) The Interlaken Declaration on the Kim- berley Process Certification Scheme for Rough Diamonds of November 5, 2002, states that Par- ticipants will ensure that measures taken to implement the Kimberley Process Certifi- cation Scheme for Rough Diamonds will be consistent with international trade rules. (Pub. L. 108–19, § 2, Apr. 25, 2003, 117 Stat. 631.) 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 Diamonds’’, the World Trade Organization General Council extended a waiver as of Jan. 1, 2019, through Dec. 31, 2024.] SHORT TITLE Pub. L. 108–19, § 1, Apr. 25, 2003, 117 Stat. 631, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Clean Diamond Trade Act’.’’ Executive Documents EX. ORD. NO. 13312. IMPLEMENTING THE CLEAN DIAMOND TRADE ACT Ex. Ord. No. 13312, July 29, 2003, 68 F.R. 45151, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Clean Diamond Trade Act (Pub- lic Law 108–19) [19 U.S.C. 3901 et seq.] (the ‘‘Act’’), the International Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participation Act [of 1945], as amended (22 U.S.C. 287c), and section 301 of title 3, United States Code, and in view of the national emergency described and declared in Executive Order 13194 of January 18, 2001 [listed in a table under section 1701 of Title 50, War and National Defense], and expanded in scope in Execu- tive Order 13213 of May 22, 2001 [listed in a table under section 1701 of Title 50], I, GEORGE W. BUSH, President of the United States of America, note that, in response to the role played by the illicit trade in diamonds in fueling conflict and human rights violations in Sierra Leone, the President declared a national emergency in Executive Order 13194 and imposed restrictions on the importation of rough diamonds into the United States from Sierra Leone. I expanded the scope of that emergency in Executive Order 13213 and prohibited absolutely the importation of rough diamonds from Liberia. I further note that representatives of the United States and numerous other countries announced in the Interlaken Declara- tion of November 5, 2002, the launch of the Kimberley Process Certification Scheme (KPCS) for rough dia- monds, under which Participants prohibit the importa- tion of rough diamonds from, or the exportation of rough diamonds to, a non-Participant and require that shipments of rough diamonds from or to a Participant be controlled through the KPCS. The Clean Diamond Trade Act authorizes the President to take steps to im- plement the KPCS. Therefore, in order to implement the Act, to harmonize Executive Orders 13194 and 13213 with the Act, to address further threats to inter- national peace and security posed by the trade in con- flict diamonds, and to avoid undermining the legiti- mate diamond trade, it is hereby ordered as follows: SECTION 1. Prohibitions. Notwithstanding the exist- ence of any rights or obligations conferred or imposed by any contract entered into or any license or permit granted prior to July 30, 2003, the following are, except to the extent a waiver issued under section 4(b) of the Act [19 U.S.C. 3903(b)] applies, prohibited: (a) the importation into, or exportation from, the United States on or after July 30, 2003, of any rough di- amond, from whatever source, unless the rough dia- mond has been controlled through the KPCS; (b) any transaction by a United States person any- where, or any transaction that occurs in whole or in part within the United States, that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this sec- tion; and (c) any conspiracy formed to violate any of the prohi- bitions of this section. SEC. 2. Assignment of Functions. (a) The functions of the President under the Act are assigned as follows: (i) sections 4(b) [19 U.S.C. 3903(b)], 5(c) [19 U.S.C. 3904(c)], 6(b) [19 U.S.C. 3905(b)], 11 [19 U.S.C. 3910], and 12 [19 U.S.C. 3911] to the Secretary of State; and (ii) sections 5(a) [19 U.S.C. 3904(a)] and 5(b) [19 U.S.C. 3904(b)] to the Secretary of the Treasury. (b) The Secretary of State and the Secretary of the Treasury may reassign any of these functions to other officers, officials, departments, and agencies within the executive branch, consistent with applicable law. (c) In performing the function of the President under section 11 of the Act, the Secretary of State shall es- tablish the coordinating committee as part of the De- partment of State for administrative purposes only, and shall, consistent with applicable law, provide ad- ministrative support to the coordinating committee. In the performance of functions assigned by subsection 2(a) of this order or by the Act, the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security shall consult the coordinating com- mittee, as appropriate. SEC. 3. Amendments to Related Executive Orders. (a) [Amended Ex. Ord. No. 13194.] (b) [Amended Ex. Ord. No. 13194.] (c) [Amended Ex. Ord. No. 13194.] (d) [Amended Ex. Ord. No. 13213.] SEC. 4. Definitions. For the purposes of this order and Executive Order 13194, the definitions set forth in sec- tion 3 of the Act [19 U.S.C. 3902] shall apply, and the term ‘‘Kimberley Process Certification Scheme’’ shall not be construed to include any changes to the KPCS after April 25, 2003. SEC. 5. General Provisions. This order is not intended to, and does not, create any right or benefit, sub- stantive or procedural, enforceable at law or in equity by any party against the United States, its depart- ments, agencies, instrumentalities or entities, its offi- cers or employees, or any other person. SEC. 6. Effective Date and Transmittal. (a) Sections 1 and 3 of this order are effective at 12:01 a.m. eastern daylight time on July 30, 2003. The remaining provi- sions of this order are effective immediately. (b) This order shall be transmitted to the Congress and published in the Federal Register. GEORGE W. BUSH. § 3902. Definitions In this chapter: