[House Document 111-67]
[From the U.S. Government Publishing Office]



111th Congress, 1st Session - - - - - - - - - - - - - House Document 111-67


 
  CERTIFICATION THAT A WAIVER WITHIN THE MEANING OF THE CLEAN DIAMOND 
       TRADE ACT WILL REMAIN IN EFFECT THROUGH DECEMBER 31, 2012

                               __________

                                MESSAGE

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

    NOTIFICATION OF HIS DETERMINATION THAT AN APPLICABLE WAIVER HAS 
 RETROACTIVE EFFECT TO JANUARY 1, 2003 AND WILL REMAIN IN EFFECT UNTIL 
 DECEMBER 31, 2012 AS CONSISTENT WITH ``THE CLEAN DIAMOND TRADE ACT'', 
                       PURSUANT TO PUB. L. 108-19




   October 8, 2009.--Message and accompanying papers referred to the 
  Committees on Ways and Means and Foreign Affairs, and ordered to be 
                                printed
To the Congress of the United States:
    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, from whatever source, that has not been controlled 
through the Kimberley Process Certification Scheme.'' The Act 
takes effect on the date that 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 
Nations Security Council pursuant to Chapter VII of the Charter 
of the United Nations is in effect. The Act remains in effect 
during those periods in which, as certified by the President to 
the Congresss, such an applicable waiver or decision is in 
effect.
    On July 29, 2003, the President certified that the WTO 
General Council had adopted a decision granting a waiver 
pursuant to Article IX of the Marrakesh Agreement Establishing 
the World Trade Organization concerning the Kimberley Process 
Certification Scheme for rough diamonds. 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 was scheduled to 
have effect from January 1, 2003, through December 31, 2006. On 
December 19, 2006, the WTO General Council adopted a decision 
to extend the waiver through December 31, 2012.
    I hereby certify that an applicable waiver, within the 
meaning of the Act, granted by the World Trade Organization has 
been in effect since January 1, 2003, and will remain in effect 
through December 31, 2012.

                                                      Barack Obama.
    The White House, October 8, 2009.

                                  
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