[House Document 108-123]
[From the U.S. Government Publishing Office]



                                     

108th Congress, 1st Session - - - - - - - - - - - - House Document 108-123

 
             WAIVER CONCERNING THE CLEAN DIAMOND TRADE ACT

                               __________

                             COMMUNICATION

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

    NOTIFICATION OF HIS DETERMINATION THAT AN APPLICABLE WAIVER HAS 
 RETROACTIVE EFFECT TO JANUARY 1, 2003 AND WILL REMAIN IN EFFECT UNTIL 
 DECEMBER 31, 2006 AS CONSISTENT WITH ``THE CLEAN DIAMOND TRADE ACT'', 
                       PURSUANT TO PUB. L. 108-19




  September 3, 2003.--Referred jointly to the Committees on Ways and 
      Means and 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: The Clean Diamond Trade Act (Public Law 
108-19) (the ``Act'') authorizes the President to prohibit the 
importation into, or exportation from, the United States of any 
rough diamond that has been ``controlled through the Kimberly 
Process Certification Scheme.'' Section 15 of the Act provides 
that the Act shall take effect on the date on which the 
President certifies to the Congress that (1) an applicable 
waiver that has been granted by the World Trade Organization 
(WTO) is in effect, or (2) an applicable decision in a 
resolution adopted by the United States Nations Security 
Council pursuant to Chapter VII of the Charter of the United 
Nations is in effect. Section 15 further provides that the Act 
shall thereafter remain in effect during those periods in 
which, as certified by the President to the Congress, such an 
applicable waiver or decision is in effect.
    On May 15, 2003, the WTO General Council (copy attached) 
adopted a waiver decision pursuant to Article IX of the 
Marrakesh Agreement Establishing the World Trade Organization 
(WTO Agreement) concerning the Kimberly Process Certification 
Scheme for rough diamonds (Certification Scheme). The decision 
waives the following provisions of the WTO Agreement's General 
Agreement on Tariffs and Trade 1994: paragraph 1 of Article I, 
paragraph 1 of article XI, and paragraph 1 of Article XIII, for 
measures taken consistent with the Certification Scheme that 
are necessary to prohibit the export of rough diamonds to, or 
import of rough diamonds from, non-Participants in the 
Certification Scheme. The decision further provides that the 
waiver applies to the United States and other WTO members that 
requested the waiver and to any WTO member that notifies the 
WTO of its desire to be covered by the waiver. The waiver has 
retroactive effect to January 1, 2003, and will remain in 
effect until December 31, 2006.
    Exercising my discretion under the Act, I hereby certify 
that an applicable waiver, within the meaning of section 15 of 
the Clean Diamond Trade Act, granted by the World Trade 
Organization is in effect and will remain in effect until 
December 31, 2006.
            Sincerely,
                                                    George W. Bush.


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