[Congressional Record Volume 155, Number 145 (Thursday, October 8, 2009)]
[Senate]
[Page S10316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




MESSAGE RELATIVE TO THE WORLD TRADE ORGANIZATION WAIVER REQUIRED BY THE 
                     CLEAN DIAMOND TRADE ACT--PM 32

  The PRESIDING OFFICER laid before the Senate the following message 
from the President of the United States which was referred to the 
Committee on Finance:

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 Congress, 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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