[House Document 108-114]
[From the U.S. Government Publishing Office]
108th Congress, 1st Session - - - - - - - - - - - - House Document 108-114
REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO SIERRA LEONE AND
LIBERIA AND IMPLEMENTING THE CLEAN DIAMOND TRADE ACT
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A REPORT ON THE NATIONAL EMERGENCY WITH RESPECT TO SIERRA LEONE AND
LIBERIA THAT WAS DECLARED IN EXECUTIVE ORDER 13194, OF JANUARY 18, 2001
AND EXPANDED IN SCOPE IN EXECUTIVE ORDER 13213, OF MAY 22, 2001 ALSO TO
IMPLEMENT THE ``CLEAN DIAMOND TRADE ACT'', PUBLIC LAW 108-19, PURSUANT
TO 50 U.S.C. 1703(b) AND 50 U.S.C. 1631
September 13, 2003.--Referred to the Committee on International
Relations and ordered to be printed
The White House,
Washington, July 29, 2003.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Consistent with section 204(b) of the
International Emergency Economic Powers Act, 50 U.S.C. 1703(b),
and section 301 of the National Emergencies Act, 50 U.S.C.
1631, I hereby report that I have issued an Executive Order
(copy attached) to implement the Clean Diamond Trade Act,
Public Law 108-19 (the ``Act''), which authorizes the President
to take steps to implement the Kimberley Process Certification
Scheme (KPCS) for rough diamonds in the United States. In
addition, my Executive Order amends Executive Orders 13194 and
13213 to harmonize those orders with the Act and to reflect
recent developments in Sierra Leone and Liberia. The
prohibitions in section 1 and 3 of the order take effect at
12:01 a.m. eastern daylight time on July 30, 2003, and the
remaining provisions of the order take effect immediately.
On January 18, 2001, the President issued Executive Order
13194 taking into account United Nations Security Council
Resolution (UNSCR) 1306 of July 5, 2000. That order declared a
national emergency in response to the role played by the
illicit trade in diamonds in fueling conflict and human rights
violations in Sierra Leone and prohibited the importation into
the United States of rough diamonds from Sierra Leone that were
not controlled by the Government of Sierra Leone through its
Certificate of Origin regime.
On May 22, 2001, I issued Executive Order 13213 taking into
account UNSCR 1343 of March 7, 2001. That order expanded the
scope of the national emergency declared in Executive Order
13194 to respond to, among other things, the Government of
Liberia's complicity in the illicit trade in rough diamonds
through Liberia. Executive Order 13213 prohibited the direct or
indirect importation into the United States of all rough
diamonds from Liberia, whether or not such diamonds originated
in Liberia, except to the extent provided in regulations,
orders, directives, or licenses issued pursuant to the order.
The United Nations ban against the importation of rough
diamonds from Sierra Leone without a certificate of origin,
imposed by UNSCR 1306 and renewed by UNSCR 1446 of December 4,
2002, expired on June 4, 2003. The United Nations Security
Council decided not to renew the measure in light of the
Government of Sierra Leone's increased efforts to control and
manage its diamond industry and ensure proper control over
diamond mining areas, as well as the Government's full
participation in the KPCS. Although the hostilities fueled by
and funded with conflict diamonds have ceased in Sierra Leone,
the attendant peace and stability are tentative, fragile, and
jeopardized by ongonig illicit diamond production and
smuggling. In addition, the Security Council, through UNSCR
1478 of May 6, 2003, renewed for 1 year the absolute import ban
on rough diamonds from Liberia based on evidence that the
Government of Liberia continues to breach the measures imposed
by UNSCR 1343.
In a related development, representatives of the United
States and numerous other countries, including Sierra Leone,
announced in the Interlaken Declaration of November 5, 2002,
the launch of the KPCS. Participants in KPCS are expected to
prohibit the importation of rough diamonds from, or the
exportation of rough diamonds to, a non-Participant and to
require that shipments of rough diamonds from or to a
Participant be controlled through the KPCS. The Clean Diamond
Trade Act, which I signed on April 25, 2003, enables the United
States to implement the KPCS by providing that, when the Act is
in effect, the President shall, subject to certain waiver
authorities, prohibit the importation into, or exportation
from, the United States of any rough diamond, from whatever
source, that has not been controlled through the KPCS.
My Executive Order will implement the Clean Diamond Trade
Act and amend Executive Orders 13194 and 13213 to harmonize
those orders with the Act and to reflect recent development in
Sierra Leone and Liberia. Section 1 of the Executive Order puts
in place, as of July 30, 2003, the prohibitions of section 4(a)
of the Clean Diamond Trade Act. Section 2 of my Executive Order
assigns various functions of the President under the Act to the
Secretary of State and the Secretary of the Treasury, including
authorizing the Secretary of the Treasury to issue implementing
regulations.
Section 3 of my Executive Order amends Executive Order
13194 and 13213 in the following ways. Executive Order 13194 is
revised to control rough diamonds from Sierra Leone through the
KPCS, rather than through the Certificate of Origin regime of
the Government of Sierra Leone. Executive Order 13213 is
revised to remove, consistent with section 4(a) of the Clean
Diamond Trade Act, licensing and other authorities with respect
to rough diamonds from Liberia.
Finally, section 4 of my Executive Order provides that for
the purposes of the order and Executive Order 13194, the
definitions set forth in section 3 of the Act shall apply, and
that the term ``Kimberley Process Certification Scheme'' shall
not be construed to include any changes to the KPCS after April
25, 2003.
My Executive Order demonstrates the U.S. commitment to
exclude conflict diamonds from international trade, while
promoting the legitimate trade in rough diamonds that is so
vital to many nations in Africa and elsewhere.
Sincerely,
George W. Bush.
Executive Order
----------
Implementing the Clean Diamond Trade Act
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, consistentwith
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.