[Weekly Compilation of Presidential Documents Volume 39, Number 31 (Monday, August 4, 2003)]
[Pages 999-1001]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13312--Implementing the Clean Diamond Trade Act
July 29, 2003
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 (Public Law 108-19) (the ``Act''), the International Emergency
Economic Powers Act, as amended (50 U.S.C. 1701 et seq.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act, 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, and
expanded in scope in Executive Order 13213 of May 22, 2001,
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
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the United States and numerous other countries announced in the
Interlaken Declaration of November 5, 2002, the launch of the Kimberley
Process Certification Scheme (KPCS) for rough diamonds, under which
Participants prohibit the importation 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 implement the KPCS. Therefore, in order to implement
the Act, to harmonize Executive Orders 13194 and 13213 with the Act, to
address further threats to international peace and security posed by the
trade in conflict diamonds, and to avoid undermining the legitimate
diamond trade, it is hereby ordered as follows:
Section 1. Prohibitions. Notwithstanding the existence 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
applies, prohibited:
(a) the importation into, or exportation from, the United States on
or after July 30, 2003, of any rough diamond, from whatever source,
unless the rough diamond has been controlled through the KPCS;
(b) any transaction by a United States person anywhere, 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 section;
and
(c) any conspiracy formed to violate any of the prohibitions 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), 5(c), 6(b), 11, and 12 to the Secretary of State;
and
(ii) sections 5(a) and 5(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 establish the coordinating
committee as part of the Department of State for administrative purposes
only, and shall, consistent with applicable law, provide administrative
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 committee, as appropriate.
Sec. 3. Amendments to Related Executive Orders. (a) Section 1 of
Executive Order 13194 of January 18, 2001, is revised to read as
follows:
``Section 1. Except to the extent provided by section 2 of this
order, and notwithstanding the existence of any rights or obligations
conferred or imposed by any contract entered into or any license or
permit granted prior to the effective date of this order, the
importation into, or exportation from, the United States of any rough
diamond from Sierra Leone, on or after July 30, 2003, is prohibited.''
(b) Section 2 of Executive Order 13194 is revised to read as
follows: ``Sec. 2. The prohibitions in section 1 of this order shall not
apply to the importation or exportation of any rough diamond that has
been controlled through the Kimberley Process Certification Scheme.''
(c) Sections 4(c), (d), and (e) of Executive Order 13194 are
deleted, and the word ``and'' is added after the semicolon at the end of
section 4(a).
(d) Section 1 of Executive Order 13213 of May 22, 2001, is revised
to read as follows: ``Section 1. Notwithstanding the existence of any
rights or obligations conferred or imposed by any contract entered into
or any license or permit granted prior to the effective date of this
order, the direct or indirect importation into the United States of all
rough diamonds from Liberia, whether or not such diamonds originated in
Liberia, on or after July 30, 2003, is prohibited.''
Sec. 4. Definitions. For the purposes of this order and Executive
Order 13194, the definitions set forth in section 3 of the Act shall
apply, and the term ``Kimberley Process
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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, substantive or procedural, enforceable
at law or in equity by any party against the United States, its
departments, agencies, instrumentalities or entities, its officers 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 provisions of this order are effective immediately.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George W. Bush
The White House,
July 29, 2003.
[Filed with the Office of the Federal Register, 9:18 a.m., July 30,
2003]
Note: This Executive order was published in the Federal Register on July
31.