    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book I)]
    [April 25, 2003]
    [Pages 386-387]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Clean Diamond Trade Act
    April 25, 2003

        I have today signed into law H.R. 1584, the ``Clean Diamond Trade
    Act.'' The Act enables this Nation to implement procedures developed by
    more than 50 countries to exclude rough ``conflict diamonds'' from
    international trade, while promoting legitimate trade. Conflict diamonds
    have been used by rebel groups in Africa to finance their atrocities
    committed on civilian populations and their insurrections against
    internationally recognized governments. The United States has played a
    key role over the past 2 years in forging an international consensus to
    curb such damaging trade and has therefore strongly supported the
    ``Kimberley Process.'' Diamonds also are critical to the economic growth
    and development of African and other countries, so preserving their
    legitimate trade is an important foreign policy objective.
        This Act directs the President to implement regulations to carry out
    the Kimberley Process Certification Scheme (KPCS). Although under this
    Act I have discretion to issue regulations consistent with future
    changes to the KPCS, under the Constitution, the President cannot be
    bound to accept or follow changes that might be made to the KPCS at some
    future date absent subsequent legislation. I will construe this Act
    accordingly.
        Section 15 of the Act provides that the legislation takes effect on
    the date the President certifies to the Congress that either of two
    specified events has occurred. The first event is that ``an applicable
    waiver that has been granted by the World Trade Organization is in
    effect.'' The second event is that ``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.'' Once
    the Act takes effect, it ``shall

    [[Page 387]]

    thereafter remain in effect during those periods in which, as certified
    by the President to the Congress, an applicable waiver or decision'' by
    the World Trade Organization or the United Nations Security Council,
    respectively, ``is in effect.''
        If section 15 imposed a mandatory duty on the President to certify
    to the Congress whether either of the two specified events has occurred
    and whether either remains in effect, a serious question would exist as
    to whether section 15 unconstitutionally delegated legislative power to
    international bodies. In order to avoid this constitutional question, I
    will construe the certification process set forth in section 15 as
    conferring broad discretion on the President. Specifically, I will
    construe section 15 as giving the President broad discretion whether to
    certify to the Congress that an applicable waiver or decision is in
    effect. Similarly, I will construe section 15 as imposing no obligation
    on the President to withdraw an existing certification in response to
    any particular event. Rather, I will construe section 15 as giving the
    President the discretion to determine when a certification that an
    applicable waiver or decision is no longer in effect is warranted.

                                                              George W. Bush

     The White House,

     April 25, 2003.

    Note: H.R. 1584, approved April 25, was assigned Public Law No. 108-19.