EXECUTIVE
ORDER
EO 13312
Effective Date: July 31, 2003

Responsible Office: Office of General Counsel
Subject: Implementing the Clean Diamond Trade Act

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.

[[Page 45152]]

                    (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.

		

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