Implementing the Clean Diamond Trade Act

Executive Order 13312 of July 29, 2003

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, 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.

    (Presidential Sig.)B

THE WHITE HOUSE,

    July 29, 2003.