Prohibiting the Importation of Rough Diamonds From Sierra Leone

Executive Order 13194 of January 18, 2001

Prohibiting the Importation of Rough Diamonds
From Sierra Leone

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.),
section 5 of the United Nations Participation Act of
1945, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code, and in view of
United Nations Security Council Resolution 1306 of July
5, 2000,

I, WILLIAM J. CLINTON, President of the United States
of America, take note that the people of Sierra Leone
have suffered the ravages of a brutal civil war for
nearly 10 years, and that the United Nations Security
Council has determined that the situation in Sierra
Leone constitutes a threat to international peace and
security in the region and also has expressed concerns
regarding the role played by the illicit trade in
diamonds in fueling the conflict in Sierra Leone.
Sierra Leone's insurgent Revolutionary United Front's
(RUF's) illicit trade in diamonds from Sierra Leone to
fund its operations and procurement of weapons, the
RUF's flagrant violation of the Lome Peace Agreement of
July 7, 1999, and its attacks on personnel of the
United Nations Mission in Sierra Leone are direct
challenges to the United States foreign policy
objectives in the region as well as a direct challenge
to the rule-based international order which is crucial
to the peace and prosperity of the United States.
Therefore, I find these actions constitute an unusual
and extraordinary threat to the foreign policy of the
United States and hereby declare a national emergency
to deal with that threat. In order to implement United
Nations Security Council Resolution 1306 and to ensure
that the direct or indirect importation into the United
States of rough diamonds from Sierra Leone will not
contribute financial support to aggressive actions by
the RUF or to the RUF's procurement of weapons, while
at the same time seeking to avoid undermining the
legitimate diamond trade or diminishing confidence in
the integrity of the legitimate diamond industry, I
hereby order:

Section 1. Except to the extent provided in section 2
of this order and to the extent provided in
regulations, orders, directives, or licenses issued
pursuant to this order, and notwithstanding the
existence of any rights or obligations conferred or
imposed by any international agreement or 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 Sierra Leone on or after the
effective date of this order is prohibited.

Sec. 2. The prohibition in section 1 of this order
shall not apply to the importation of rough diamonds
controlled through the Certificate of Origin regime of
the Government of Sierra Leone.

Sec. 3. Any transaction by a United States person or
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
order is prohibited.

Sec. 4. For the purposes of this order:

    (a) the term “person” means an individual or
entity;

    (b) the term “entity” means a partnership,
association, trust, joint venture, corporation, or
other organization;
    (c) the term “United States person” means any
United States citizen, permanent resident alien, entity
organized under the laws of the United States or any
jurisdiction within the United States (including
foreign branches), or any person in the United States;
    (d) the term “rough diamond” means all unworked
diamonds classifiable in heading 7102 of the Harmonized
Tariff Schedule of the United States; and
    (e) the term “controlled through the Certificate
of Origin regime of the Government of Sierra Leone”
means accompanied by a Certificate of Origin or other
documentation that demonstrates to the satisfaction of
the United States Customs Service (or analogous
officials of a United States territory or possession
with its own customs administration) that the rough
diamonds were legally exported from Sierra Leone with
the approval of the Government of Sierra Leone.

Sec. 5. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to
take such actions, including the promulgation of rules
and regulations, and to employ all powers granted to
the President by IEEPA and UNPA, as may be necessary to
carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to
other officers and agencies of the United States
Government. All agencies of the United States
Government are hereby directed to take all appropriate
measures within their authority to carry out the
provisions of this order.

Sec. 6. This order is not intended to create, nor does
it create, any right, benefit, or privilege,
substantive or procedural, enforceable at law by a
party against the United States, its agencies,
officers, or any other person.

Sec. 7. This order is effective at 12:01 a.m. eastern
standard time on January 19, 2001.

    (Presidential Sig.)

THE WHITE HOUSE,

     January 18, 2001.