[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Presidential Documents]
[Pages 57223-57227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23233]



[[Page 57221]]

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Part II





The President





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Proclamation 8294--To Implement Amendments to the Burmese Freedom and 
Democracy Act of 2003



Executive Order 137474--Amendments to Executive Order 12962
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                         Presidential Documents 
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  Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 57223]]

                Proclamation 8294

                
To Implement Amendments to the Burmese Freedom 
                and Democracy Act of 2003

                By the President of the United States of America

                A Proclamation

                1. Section 3A(b)(1) of the Burmese Freedom and 
                Democracy Act of 2003 (Public Law 108-61) (the 
                ``Burmese Freedom and Democracy Act''), as amended by 
                section 6(a) of the Tom Lantos Block Burmese JADE 
                (Junta's Anti-Democratic Efforts) Act of 2008 (Public 
                Law 110-286) (the ``JADE Act''), directs the President 
                to prohibit the importation of jadeite and rubies mined 
                or extracted from Burma, as well as the importation of 
                articles of jewelry containing jadeite and rubies mined 
                or extracted from Burma (Burmese covered articles), 
                until such time as the President determines and 
                certifies to the appropriate congressional committees 
                that Burma has met the conditions described in section 
                3(a)(3) of the Burmese Freedom and Democracy Act.

                2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese 
                Freedom and Democracy Act, as amended, set forth 
                certain conditions for the importation of jadeite and 
                rubies mined or extracted from countries other than 
                Burma, as well as for the importation of articles of 
                jewelry containing jadeite and rubies mined or 
                extracted from countries other than Burma (non-Burmese 
                covered articles).

                3. Section 3A(c)(2) of the Act, as amended, also 
                permits the President to waive the conditions for 
                importation set forth in section 3A(c)(1) of non-
                Burmese covered articles from any country with respect 
                to which the President determines and certifies to the 
                appropriate congressional committees that the country 
                has implemented certain measures to prevent the trade 
                in Burmese covered articles. 4. In order to implement 
                the prohibitions on the importation of Burmese covered 
                articles and the conditions for importation of non-
                Burmese covered articles set forth in sections 
                3A(b)(1), 3A(c)(1), and 3A(c)(2) of the Burmese Freedom 
                and Democracy Act, as amended, it is necessary to 
                modify the Harmonized Tariff Schedule of the United 
                States (HTS) to include an additional U.S. Note to 
                chapter 71.

                5. Section 604 of the Trade Act of 1974, as amended 
                (the ``1974 Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of 
                relevant provisions of that Act, or other acts 
                affecting import treatment, and of actions taken 
                thereunder, including the removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction.

                6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese 
                Freedom and Democracy Act, as amended, authorize the 
                President to issue such proclamations, regulations, 
                licenses, and orders, and conduct such investigations, 
                as may be necessary to implement the prohibition on 
                Burmese covered articles set forth in section 3A(b)(1) 
                of that Act and the conditions for importation of non-
                Burmese covered articles set forth in sections 3A(c)(1) 
                and 3A(c)(2) of that Act.

                7. I have determined that it is appropriate to 
                authorize the Secretary of the Treasury and the 
                Secretary of Homeland Security, pursuant to sections 
                3A(b)(2) and 3A(c)(3) of the Burmese Freedom and 
                Democracy Act, as amended, to issue regulations, 
                licenses, and orders, and conduct such investigations

[[Page 57224]]

                as may be necessary, to implement the prohibition on 
                importation of Burmese covered articles set forth in 
                section 3A(b)(1) of that Act and the conditions for 
                importation of non-Burmese covered articles set forth 
                in sections 3A(c)(1) and 3A(c)(2) of that Act. I 
                further determine that it is appropriate to authorize 
                the Secretary of the Treasury and the Secretary of 
                Homeland Security to redelegate, as necessary, any of 
                these functions to other officers and agencies of the 
                United States Government consistent with applicable 
                law.

                8. I have determined that it is appropriate to 
                authorize the Secretary of the Treasury, in 
                consultation with the Secretary of State, to perform 
                the functions set forth in section 3A(c)(2)(A) of the 
                Burmese Freedom and Democracy Act, as amended, relating 
                to the issuance waivers of the conditions for 
                importation set forth in section 3A(c)(1) of non-
                Burmese covered articles from any country that has 
                implemented certain measures to prevent the trade in 
                Burmese covered articles. I further determine that it 
                is appropriate to authorize the Secretary of the 
                Treasury to redelegate, as necessary, any of these 
                functions to other officers and agencies of the United 
                States Government consistent with applicable law.

                9. Section 3A(b)(3)(A) of the Burmese Freedom and 
                Democracy Act, as amended, directs the President to 
                take all appropriate actions to seek issuance of a 
                draft waiver decision by the Council for Trade in Goods 
                of the World Trade Organization (WTO) granting a waiver 
                of the applicable WTO obligations with respect to the 
                provisions of section 3A of the Burmese Freedom and 
                Democracy Act, as amended, and any measures taken to 
                implement it.

                10. I have determined that it is appropriate to 
                authorize the United States Trade Representative to 
                perform the functions specified in section 3A(b)(3)(A) 
                of the Burmese Freedom and Democracy Act, as amended.

                11. Section 3A(b)(3)(B) of the Burmese Freedom and 
                Democracy Act, as amended, directs the President to 
                take all appropriate actions to seek the adoption of a 
                resolution by the United Nations General Assembly 
                expressing the need to address trade in Burmese covered 
                articles and calling for the creation and 
                implementation of a workable certification scheme for 
                non-Burmese covered articles to prevent the trade in 
                Burmese covered articles.

                12. I have determined that it is appropriate to 
                authorize the Secretary of State to perform the 
                functions specified in section 3A(b)(3)(B) of the 
                Burmese Freedom and Democracy Act, as amended.

                13. Section 3A(g) of the Burmese Freedom and Democracy 
                Act, as amended, directs the President to, not later 
                than January 26, 2009, transmit to the appropriate 
                congressional committees a report describing what 
                actions the United States has taken during the 60-day 
                period beginning on the date of the enactment of the 
                JADE Act to seek (i) the issuance of a draft waiver 
                decision by the Council for Trade in Goods of the WTO, 
                as specified in section 3A(b)(3)(A) of the Burmese 
                Freedom and Democracy Act, as amended; (ii) the 
                adoption of a resolution by the United Nations General 
                Assembly, as specified in section 3A(b)(3)(B) of that 
                Act; and (iii) the negotiation of an international 
                arrangement, as specified in section 3A(f)(1) of that 
                Act.

                14. I have determined that it is appropriate to 
                authorize the Secretary of State, in consultation with 
                the United States Trade Representative, to perform the 
                functions specified in section 3A(g) of the Burmese 
                Freedom and Democracy Act, as amended.

                15. Under section 3(b) of the Burmese Freedom and 
                Democracy Act, as amended by section 6(c) of the JADE 
                Act, the President may waive the restrictions described 
                above if the President determines and notifies the 
                Committees on Appropriations, Finance, and Foreign 
                Relations of the Senate and the Committees on 
                Appropriations, Foreign Affairs, and Ways and Means of 
                the House of Representatives that to do so is in the 
                national interest of the United States.

[[Page 57225]]

                16. I have determined that it is appropriate to 
                authorize the Secretary of State to perform the 
                functions and authorities specified in section 3(b) of 
                the Burmese Freedom and Democracy Act, as amended.

                NOW, THEREFORE, I, GEORGE W. BUSH, President of the 
                United States of America, acting under the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including sections 3 and 3A 
                of the Burmese Freedom and Democracy Act, as amended by 
                section 6 of the JADE Act, section 604 of the 1974 Act, 
                and section 301 of title 3, United States Code, do 
                proclaim that:

(1) In order to implement the prohibition on the importation of Burmese 
covered articles and the conditions for the importation of non-Burmese 
covered articles provided for in sections 3A(b)(1) and 3A(c)(1) of the 
Burmese Freedom and Democracy Act, as amended, an additional U.S. Note as 
set forth in the Annex to this proclamation is included in chapter 71 of 
the HTS.

(2) Beginning on September 27, 2008, the importation into the United States 
of any Burmese covered article shall be prohibited, except as provided for 
(i) in section 3A(d) of the Burmese Freedom and Democracy Act, as amended; 
(ii) in regulations, orders, directives, or licenses that may be issued 
pursuant to this proclamation and section 3A(b)(2) of the Burmese Freedom 
and Democracy Act, as amended; or (iii) by waiver issued pursuant to 
section 3(b) of the Burmese Freedom and Democracy Act, as amended.

(3) Beginning on September 27, 2008, as a condition for the importation 
into the United States of any non-Burmese covered article, the importer and 
exporter of such article must meet the conditions set forth in section 
3A(c)(1) of the Burmese Freedom and Democracy Act, as amended, except as 
provided for (i) in section 3A(d) of that Act; (ii) in regulations, orders, 
directives, or licenses issued pursuant to this proclamation and section 
3A(c)(3) of the Burmese Freedom and Democracy Act, as amended; or (iii) by 
waiver issued pursuant to either section 3(b) or section 3A(c)(2) of the 
Burmese Freedom and Democracy Act, as amended.

(4) The Secretary of the Treasury and the Secretary of Homeland Security 
are hereby authorized, pursuant to sections 3A(b)(2) and 3A(c)(3) of the 
Burmese Freedom and Democracy Act, as amended, to issue regulations, 
licenses, and orders, and conduct such investigations as may be necessary, 
to implement the prohibition on Burmese covered articles set forth in 
section 3A(b)(1) of that Act and the conditions for importation of non-
Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of 
that Act. The Secretary of the Treasury and the Secretary of Homeland 
Security are further authorized to redelegate, as necessary, any of these 
functions to other officers and agencies of the United States Government 
consistent with applicable law.

(5) The Secretary of the Treasury, in consultation with the Secretary of 
State, is hereby authorized to perform the functions set forth in section 
3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating 
to the issuance of waivers of the conditions for importation set forth in 
section 3A(c)(1) of non-Burmese covered articles from any country that has 
implemented certain measures to prevent the trade in Burmese covered 
articles. The Secretary of the Treasury may redelegate any of these 
functions to other officers and agencies of the United States Government 
consistent with applicable law.

(6) The United States Trade Representative is hereby authorized to perform 
the functions specified in section 3A(b)(3)(A) of the Burmese Freedom and 
Democracy Act, as amended.

(7) The Secretary of State is hereby authorized to perform the functions 
specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, 
as amended.

[[Page 57226]]

(8) The Secretary of State is hereby authorized, in consultation with the 
United States Trade Representative, to perform the functions specified in 
section 3A(g) of the Burmese Freedom and Democracy Act, as amended.

(9) The Secretary of State is hereby authorized to perform the functions 
specified in section 3(b) of the Burmese Freedom and Democracy Act, as 
amended.

(10) Any provisions of previous proclamations and Executive Orders that are 
inconsistent with the actions taken in this proclamation are superseded to 
the extent of such inconsistency.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-sixth day of September, in the year of our Lord 
                two thousand eight, and of the Independence of the 
                United States of America the two hundred and thirty-
                third.

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                [GRAPHIC] [TIFF OMITTED] TD01OC08.013
                
                    (Presidential Sig.)

[FR Doc. E8-23233
Filed 9-30-08; 8:45 am]
Billing code 3190-01-C