For Immediate Release
Office of the Press Secretary
July 29, 2003
Executive Order
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 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 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.
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