    [Public Papers of the Presidents of the United States: George W. Bush (2003, Book II)]
    [July 29, 2003]
    [Pages 952-953]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Letter to Congressional Leaders on Waiver Certification To Implement the
    Clean Diamond Trade Act
    July 29, 2003

    Dear Mr. Speaker:  (Dear Mr. President:)
        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 that has not
    been ``controlled through the Kimberley Process Certification Scheme.''
    Section 15 of the Act provides that the Act shall take effect on the
    date on which 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. Section 15 further
    provides that the Act shall thereafter remain 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 May 15, 2003, the WTO General Council (copy attached) adopted a
    waiver

    [[Page 953]]

    decision pursuant to Article IX of the Marrakesh Agreement Establishing
    the World Trade Organization (WTO Agreement) concerning the Kimberley
    Process Certification Scheme for rough diamonds (Certification Scheme).
    The decision waives the following provisions of the WTO Agreement's
    General Agreement on Tariffs and Trade 1994: paragraph 1 of Article I,
    paragraph 1 of Article XI, and paragraph 1 of Article XIII, for measures
    taken consistent with the Certification Scheme that are necessary to
    prohibit the export of rough diamonds to, or import of rough diamonds
    from, non-Participants in the Certification Scheme. The decision further
    provides that 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 has
    retroactive effect to January 1, 2003, and will remain in effect until
    December 31, 2006.
        Exercising my discretion under the Act, I hereby certify that an
    applicable waiver, within the meaning of section 15 of the Clean Diamond
    Trade Act, granted by the World Trade Organization is in effect and will
    remain in effect until December 31, 2006.
             Sincerely,

                                                              George W. Bush

    Note: Identical letters were sent to J. Dennis Hastert, Speaker of the
    House of Representatives, and Richard B. Cheney, President of the
    Senate. The related Executive order of July 29 is listed in Appendix D
    at the end of this volume.