Collapse to view only § 3911. Reports
- § 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 Coordinating Committee
- § 3911. Reports
- § 3912. GAO report
- § 3913. Delegation of authorities
§ 3901. Findings
Congress finds the following:
(1) Funds derived from the sale of rough diamonds are being used by rebels and state actors 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 countries, 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 societies have been torn apart not only by fighting but also by terrible human rights violations.
(3) Human rights and humanitarian advocates, 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 urgently needed to end the trade in conflict diamonds.
(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 further required all states to prohibit the direct and indirect import of rough diamonds from Sierra Leone unless the diamonds are controlled under specified certificate of origin regimes and to prohibit absolutely the direct and indirect import of rough diamonds from Liberia.
(5) In response, the United States implemented sanctions restricting the importation of rough diamonds from Sierra Leone to those diamonds accompanied by specified certificates of origin and fully prohibiting the importation 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 legitimate 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 legitimate 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 devising a solution to this problem. As the consumer 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 effective solution.
(7) Failure to curtail the trade in conflict diamonds or to differentiate between the trade in conflict diamonds and the trade in legitimate 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 Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002, states that Participants will ensure that measures taken to implement the Kimberley Process Certification Scheme for Rough Diamonds will be consistent with international trade rules.
(Pub. L. 108–19, § 2, Apr. 25, 2003, 117 Stat. 631.)
§ 3902. Definitions
In this chapter:
(1) Appropriate congressional committees
(2) Controlled through the Kimberley Process Certification Scheme
An importation or exportation of rough diamonds is “controlled through the Kimberley Process Certification Scheme” if it is an importation from the territory of a Participant or exportation to the territory of a Participant 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
(4) Importing authority
(5) Kimberley Process Certificate
(6) Kimberley Process Certification Scheme
(7) Participant
(8) Person
(9) Rough diamond
(10) 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.)
§ 3903. Measures for the importation and exportation of rough diamonds
(a) Prohibition
(b) Waiver
The President may waive the requirements set forth in subsection (a) with respect to a particular 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 Certification 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, together with the reasons therefor.
(Pub. L. 108–19, § 4, Apr. 25, 2003, 117 Stat. 633.)
§ 3904. Regulatory and other authority
(a) In general
(b) Recordkeeping
(c) Oversight
(Pub. L. 108–19, § 5, Apr. 25, 2003, 117 Stat. 634.)
§ 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 possession of the United States with its own customs administration, analogous officials; and
(2) the exporting authority shall be the Bureau of the Census.
(b) Of other countries
(Pub. L. 108–19, § 6, Apr. 25, 2003, 117 Stat. 634.)
§ 3906. Statement of policy
The Congress supports the policy that the President shall take appropriate steps to promote and facilitate the adoption by the international community of the Kimberley Process Certification Scheme implemented under this chapter.
(Pub. L. 108–19, § 7, Apr. 25, 2003, 117 Stat. 634.)
§ 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 regulation issued under this chapter; and
(2) whoever willfully violates, or willfully attempts to violate, any license, order, or regulation 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 willfully participates in such violation may be punished by a like fine, imprisonment, or both.
(b) Import violations
(c) Authority to enforce
(Pub. L. 108–19, § 8, Apr. 25, 2003, 117 Stat. 634.)
§ 3908. Technical assistance
The President may direct the appropriate agencies of the United States Government to make available technical assistance to countries seeking to implement the Kimberley Process Certification Scheme.
(Pub. L. 108–19, § 9, Apr. 25, 2003, 117 Stat. 635.)
§ 3909. Sense of Congress
(a) Ongoing process
(b) Statistics and reporting
It is the sense of the Congress that under Annex III to the Kimberley Process Certification Scheme, Participants recognized that reliable and comparable data on the international trade in rough diamonds are an essential tool for the effective implementation of the Kimberley Process Certification Scheme. Therefore, the executive branch should continue to—
(1) keep and publish statistics on imports and exports of rough diamonds under subheadings 7102.10.00, 7102.21, and 7102.31.00 of the Harmonized Tariff Schedule of the United States;
(2) make these statistics available for analysis by interested parties and by Participants; and
(3) take a leadership role in negotiating a standardized methodology among Participants for reporting statistics on imports and exports of rough diamonds.
(Pub. L. 108–19, § 10, Apr. 25, 2003, 117 Stat. 635.)
§ 3910. Kimberley Process Implementation Coordinating Committee
The President shall establish a Kimberley Process Implementation Coordinating Committee to coordinate the implementation of this chapter. The Committee shall be composed of the following individuals or their designees:
(1) The Secretary of the Treasury and the Secretary of State, who shall be co-chairpersons.
(2) The Secretary of Commerce.
(3) The United States Trade Representative.
(4) The Secretary of Homeland Security.
(5) A representative of any other agency the President deems appropriate.
(Pub. L. 108–19, § 11, Apr. 25, 2003, 117 Stat. 635.)
§ 3911. Reports
(a) Annual reports
Not later than 1 year after April 25, 2003, and every 12 months thereafter for such period as this chapter is in effect, the President shall transmit to the Congress a report—
(1) describing actions taken by countries that have exported rough diamonds to the United States during the preceding 12-month period to control the exportation of the diamonds through the Kimberley Process Certification Scheme;
(2) describing whether there is statistical information or other evidence that would indicate efforts to circumvent the Kimberley Process Certification Scheme, including cutting rough diamonds for the purpose of circumventing the Kimberley Process Certification Scheme;
(3) identifying each country that, during the preceding 12-month period, exported rough diamonds to the United States and was exporting rough diamonds not controlled through the Kimberley Process Certification Scheme, if the failure to do so has significantly increased the likelihood that those diamonds not so controlled are being imported into the United States; and
(4) identifying any problems or obstacles encountered in the implementation of this chapter or the Kimberly 1
1 So in original. Probably should be “Kimberley”.
Process Certification Scheme.(b) Semiannual reports
(Pub. L. 108–19, § 12, Apr. 25, 2003, 117 Stat. 636.)
§ 3912. GAO report
(Pub. L. 108–19, § 13, Apr. 25, 2003, 117 Stat. 636.)
§ 3913. Delegation of authorities
The President may delegate the duties and authorities under this chapter to such officers, officials, departments, or agencies of the United States Government as the President deems appropriate.
(Pub. L. 108–19, § 14, Apr. 25, 2003, 117 Stat. 636.)