19 U.S.C. § 3903 — Measures for the importation and expor-

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.) 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