19 U.S.C. § 3902 — Definitions

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: Page 1032 TITLE 19—CUSTOMS DUTIES § 3903 (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ 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 dia- monds is ‘‘controlled through the Kimberley Process Certification Scheme’’ if it is an im- portation from the territory of a Participant or exportation to the territory of a Partici- pant 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 dia- monds is being exported as having the author- ity to validate the Kimberley Process Certifi- cate. (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 accom- panying the shipment. (5) Kimberley Process Certificate The term ‘‘Kimberley Process Certificate’’ means a forgery resistant document of a Par- ticipant that demonstrates that an importa- tion or exportation of rough diamonds has been controlled through the Kimberley Proc- ess 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 certifi- cation 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 Dia- monds of November 5, 2002. (7) Participant The term ‘‘Participant’’ means a state, cus- toms territory, or regional economic integra- tion 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 dia- mond that is unworked or simply sawn, cleaved, or bruted and classifiable under sub- heading 7102.10, 7102.21, or 7102.31 of the Har- monized 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 common- wealth, 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. (Pub. L. 108–19, § 3, Apr. 25, 2003, 117 Stat. 632.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in par. (9), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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. § 3903. Measures for the importation and expor- tation of rough diamonds (a) Prohibition The President shall prohibit the importation into, or exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme. (b) Waiver The President may waive the requirements set forth in subsection (a) with respect to a par- ticular country for periods of not more than 1 year each, if, with respect to each such waiver— (1) the President determines and reports to the appropriate congressional committees that such country is taking effective steps to implement the Kimberley Process Certifi- cation Scheme; or (2) the President determines that the waiver is in the national interests of the United States, and reports such determination to the appropriate congressional committees, to- gether with the reasons therefor. (Pub. L. 108–19, § 4, Apr. 25, 2003, 117 Stat. 633.)