[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.