Prohibiting Certain Imports of Burmese Jadeite and Rubies

Executive Order 13651 of August 6, 2013

Prohibiting Certain Imports of Burmese Jadeite
and Rubies

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.), the
Tom Lantos Block Burmese JADE (Junta's Anti-Democratic
Efforts) Act of 2008 (Public Law 110-286) (the “JADE
Act”), and section 301 of title 3, United States Code,
and in order to take additional steps with respect to
the national emergency declared in Executive Order
13047 of May 20, 1997, as modified in scope in
Executive Order 13448 of October 18, 2007, and
Executive Order 13619 of July 11, 2012, and relied upon
for additional steps taken in Executive Order 13310 of
July 28, 2003, Executive Order 13448 of October 18,
2007, Executive Order 13464 of April 30, 2008, and
Executive Order 13619 of July 11, 2012,

I, BARACK OBAMA, President of the United States of
America, hereby order:

Section 1. (a) The importation into the United States
of any jadeite or rubies mined or extracted from Burma
and any articles of jewelry containing jadeite or
rubies mined or extracted from Burma is hereby
prohibited.

    (b) The prohibition in subsection (a) of this
section applies except to the extent provided by
statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any
license or permit granted prior to the effective date
of this order.

Sec. 2. I hereby amend Executive Order 13310 of July
28, 2003, by revoking sections 3 and 8 of that order.
The revocation of those provisions of Executive Order
13310 pursuant to this section shall not affect any
violation of any rules, regulations, orders, licenses,
or other forms of administrative action under that
order during the period that those provisions of that
order were in effect.

Sec. 3. (a) Any transaction that evades or avoids, has
the purpose of evading or avoiding, causes a violation
of, or attempts to violate any of the prohibitions set
forth in this order is prohibited.

    (b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.

Sec. 4. For the purposes of this order:

    (a) the term “jadeite” means any jadeite
classifiable under heading 7103 of the Harmonized
Tariff Schedule of the United States (HTS);
    (b) the term “rubies” means any rubies
classifiable under heading 7103 of the HTS;
    (c) the term “articles of jewelry containing
jadeite or rubies” means:

(i) any article of jewelry classifiable under heading 7113 of the HTS that
contains jadeites or rubies; or

(ii) any article of jadeite or rubies classifiable under heading 7116 of
the HTS;

    (d) the term “person” means an individual or
entity;
    (e) the term “entity” means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.

Sec. 5. Nothing in section 1 of this order shall
prohibit transactions to the extent such prohibition
would conflict with the international obligations of
the United States under the Vienna Convention on
Diplomatic Relations, the Vienna Convention on Consular
Relations, the United Nations Headquarters Agreement,
or other legal instruments providing equivalent
privileges and immunities.

Sec. 6. Nothing in section 1 of this order shall
prohibit the importation of any jadeite or rubies mined
or extracted from Burma or any articles of jewelry
containing jadeite or rubies mined or extracted from
Burma that were previously exported from the United
States, including those that accompanied an individual
outside the United States for personal use, if they are
reimported to the United States by the same person,
without having been advanced in value or improved in
condition by any process or other means while outside
the United States.

Sec. 7. 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 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
consistent with applicable law. 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. 8. Pursuant to section 5(i) of the JADE Act, I
hereby determine and certify that it is in the national
interest of the United States to waive, and hereby
waive, the sanctions described in section 5(b) of the
JADE Act. Except as authorized or exempt, transactions
with persons included on the Department of the
Treasury's List of Specially Designated Nationals and
Blocked Persons continue to be prohibited pursuant to
IEEPA.

Sec. 9. 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, or
entities, its officers, employees, or agents, or any
other person.

Sec. 10. This order is effective at 12:01 a.m. eastern
daylight time on August 7, 2013.

    (Presidential Sig.)

THE WHITE HOUSE,

    August 6, 2013.