[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Rules and Regulations]
[Pages 25773-25774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9629]


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DEPARTMENT OF COMMERCE

Bureau of the Census

15 CFR Part 30

[Docket Number 041029301-5119-02]
RIN 0607-AA44


Requirement for Reporting the Kimberley Process Certificate 
Number for Exports and Reexports of Rough Diamonds

AGENCY: Bureau of the Census, Commerce Department.

ACTION: Final rule.

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SUMMARY: The U.S. Census Bureau (Census Bureau) is amending the Foreign 
Trade Statistics Regulations (FTSR) to incorporate the requirement that 
the Kimberley Process Certificate (KPC) number for the exports and the 
reexports of rough diamonds be filed through the Automated Export 
System (AES). This rule serves to carry out the purposes of Executive 
Order 13312 of July 29, 2003, which implemented the Clean Diamond Trade 
Act and the Kimberley Process Certification Scheme in the United 
States.

DATES: This rule is effective June 15, 2005.

FOR FURTHER INFORMATION CONTACT: C. Harvey Monk, Jr., Chief, Foreign 
Trade Division, U.S. Census Bureau, Room 2104, Federal Building 3, 
Washington, DC 20233-6700; by phone at (301) 763-2255; by fax at (301) 
457-2645; or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION: In the January 12, 2005 Federal Register, 70 
FR 2072, the Census Bureau published a notice of proposed rulemaking 
and request for comments for a requirement that the KPC number for 
exports and reexports of rough diamonds be filed through the AES. 
Public comments were requested through February 11, 2005. The Census 
Bureau did not receive any comments on the proposed rule. This final 
rule adopts the measures contained in the proposed rule.
    This final rule amends 15 CFR part 30 by revising Sec.  30.63 of 
the FTSR to specify the requirement for reporting the KPC number via 
the AES for exports and reexports of rough diamonds. On July 29, 2003, 
the President issued Executive Order 13312, which implemented Public 
Law 108-19, known as the Clean Diamond Trade Act (the Act). The Act 
implemented the Kimberley Process in the United States by authorizing 
the President to prohibit the importation into or the exportation from 
the United States of any rough diamond, from whatever source, unless 
the rough diamond is controlled through the Kimberley Process 
Certification Scheme, as defined in the Act. Pursuant to the Act, 
shipments of rough diamonds between the United States and 
nonparticipants in the Kimberley Process are prohibited, and shipments 
between the United States and participants are permitted only if they 
are handled in accordance with the standards, practices, and procedures 
of the Kimberley Process set forth in the Rough Diamonds Control 
Regulations, 31 CFR part 592, promulgated by the Department of the 
Treasury's Office of Foreign Assets Control (OFAC) (see 69 FR 56936 
dated September 23, 2004).
    Section 6 of the Act names the Census Bureau as the exporting 
authority for the United States. This requires the Census Bureau to 
validate the KPC for exports of rough diamonds. The KPC is a forgery-
resistant document of a participant nation or entity that demonstrates 
that an exportation of rough diamonds has been controlled through the 
Kimberley Process and contains the minimum elements required by OFAC 
regulations (Title 31 CFR part 592). Each KPC is assigned an 
identification number called the KPC number.
    To comply with the requirements of the Act, the Census Bureau 
amended the FTSR on October 20, 2003, to incorporate requirements for 
the mandatory electronic filing via the AES of exports of rough 
diamonds. The Census Bureau is now amending the FTSR to require the 
reporting through AES of the KPC number found on the KPC for all 
exports of rough diamonds classified under Harmonized System 
subheadings 7102.10, 7102.21, and 7102.31. This requirement will not 
affect filers of Shipper's Export Declarations since all exports of 
rough diamonds are required to be filed through the AES.

[[Page 25774]]

    Shipments of rough diamonds from the United States must also meet 
additional Department of the Treasury requirements identified in the 
Office of Foreign Assets Control's Rough Diamonds Control Regulations, 
title 31 CFR part 592.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.

Executive Order 13132

    This final rule does not contain policies with Federalism 
implications, as that term is defined in E.O. 13132.

Paperwork Reduction Act

    The collection of information required in this final rule has been 
approved by the Office of Management and Budget under the Paperwork 
Reduction Act (PRA). This rule contains a collection-of-information 
subject to the requirements of the PRA (44 U.S.C. 3501 et seq.), which 
has been approved under OMB control number 0607-0152. The reporting and 
recordkeeping burden for this requirement is estimated at 10 total 
burden hours. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection of information displays a current, valid Office of 
Management and Budget (OMB) control number.

Regulatory Flexibility Act

    The Chief Counsel for Regulation of the Department of Commerce, 
certified to the Chief Counsel for Advocacy, Small Business 
Administration, under the provisions of the Regulatory Flexibility Act 
(5 U.S.C. 605 (b)), that this rule will not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this certification was published with the proposed rule. No comments 
were received regarding the economic impact of this final rule. As a 
result, no final regulatory flexibility analysis was prepared.

List of Subjects in 15 CFR Part 30

    Economic statistics, Foreign trade, Exports, and Reporting and 
recordkeeping requirements.


0
For the reasons set out in the preamble, title 15 CFR part 30, is 
amended as follows:

PART 30--FOREIGN TRADE STATISTICS

0
1. The authority citation for part 30 is revised to read as follows:

    Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; 19 U.S.C. 3901-3913; 
Reorganization Plan 5 of 1950 (3 CFR 1949-1953 Comp., 1004); 
Executive Order 13312, Implementing the Clean Diamond Act, 68 FR 
45151 (31 CFR Part 592); and Department of Commerce Organization 
Order No. 35-2A, July 22, 1987, as amended, and No. 35-2B, December 
20, 1996, as amended.

Subpart E--Electronic Filing Requirements--Shipper's Export 
Information

0
2. In Sec.  30.63, add a paragraph (b)(22) to read as follows:


Sec.  30.63  Information required to be reported electronically through 
AES (data elements).

* * * * *
    (b) * * *
    (22) Kimberley Process Certificate (KPC) number. The unique 
identifying number of the KPC issued by the United States Kimberley 
Process Authority that must accompany any export shipment of rough 
diamonds. Rough diamonds are classified under 6-digit Harmonized System 
subheadings 7102.10, 7102.21, and 7102.31. Enter the KPC number in the 
license number field excluding the 2-digit U.S. ISO country code.
* * * * *

    Dated: May 10, 2005.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. 05-9629 Filed 5-13-05; 8:45 am]
BILLING CODE 3510-07-P