[Weekly Compilation of Presidential Documents Volume 37, Number 3 (Monday, January 22, 2001)]
[Pages 191-192]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13194--Prohibiting the Importation of Rough Diamonds 
From Sierra Leone

January 18, 2001

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the 
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c) 
(UNPA), and section 301 of title 3, United States Code, and in view of 
United Nations Security Council Resolution 1306 of July 5, 2000,
    I, William J. Clinton, President of the United States of America, 
take note that the people of Sierra Leone have suffered the ravages of a 
brutal civil war for nearly 10 years, and that the United Nations 
Security Council has determined that the situation in Sierra Leone 
constitutes a threat to international peace and security in the region 
and also has expressed concerns regarding the role played by the illicit 
trade in diamonds in fueling the conflict in Sierra Leone. Sierra 
Leone's insurgent Revolutionary United Front's (RUF's) illicit trade in 
diamonds from Sierra Leone to fund its operations and procurement of 
weapons, the RUF's flagrant violation of the Lome Peace Agreement of 
July 7, 1999, and its attacks on personnel of the United Nations Mission 
in Sierra Leone are direct challenges to the United States foreign 
policy objectives in the region as well as a direct challenge to the 
rule-based international order which is crucial to the peace and 
prosperity of the United States. Therefore, I find these actions 
constitute an unusual and extraordinary threat to the foreign policy of 
the United States and hereby declare a national emergency to deal with 
that threat. In order to implement United Nations Security Council 
Resolution 1306 and to ensure that the direct or indirect importation 
into the United States of rough diamonds from Sierra Leone will not 
contribute financial support to aggressive actions by the RUF or to the 
RUF's procurement of weapons, while at the same time seeking to avoid 
undermining the legitimate diamond trade or diminishing confidence in 
the integrity of the legitimate diamond industry, I hereby order:
    Section 1. Except to the extent provided in section 2 of this order 
and to the extent provided in regulations, orders, directives, or 
licenses issued pursuant to this order, and notwithstanding the 
existence of any rights or obligations conferred or imposed by any 
international agreement or any contract entered into or any license or 
permit granted prior to the effective date of this order, the direct or 
indirect importation into the United States of all rough diamonds from 
Sierra Leone on or after the effective date of this order is prohibited.
    Sec. 2. The prohibition in section 1 of this order shall not apply 
to the importation of rough diamonds controlled through the Certificate 
of Origin regime of the Government of Sierra Leone.
    Sec. 3. Any transaction by a United States person or within the 
United States that evades or avoids, or has the purpose of evading or 
avoiding, or attempts to violate, any of the prohibitions set forth in 
this order is prohibited.
    Sec. 4. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;

[[Page 192]]

    (b) the term ``entity'' means a partnership, association, trust, 
joint venture, corporation, or other organization;
    (c) the term ``United States person'' means any United States 
citizen, permanent resident alien, entity organized under the laws of 
the United States or any jurisdiction within the United States 
(including foreign branches), or any person in the United States;
    (d) the term ``rough diamond'' means all unworked diamonds 
classifiable in heading 7102 of the Harmonized Tariff Schedule of the 
United States; and
    (e) the term ``controlled through the Certificate of Origin regime 
of the Government of Sierra Leone'' means accompanied by a Certificate 
of Origin or other documentation that demonstrates to the satisfaction 
of the United States Customs Service (or analogous officials of a United 
States territory or possession with its own customs administration) that 
the rough diamonds were legally exported from Sierra Leone with the 
approval of the Government of Sierra Leone.
    Sec. 5. The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to take such actions, including 
the promulgation of rules and regulations, and to employ all powers 
granted to the President by IEEPA and UNPA, as may be necessary to carry 
out the purposes of this order. The Secretary of the Treasury may 
redelegate any of these functions to other officers and agencies of the 
United States Government. All agencies of the United States Government 
are hereby directed to take all appropriate measures within their 
authority to carry out the provisions of this order.
    Sec. 6. This order is not intended to create, nor does it create, 
any right, benefit, or privilege, substantive or procedural, enforceable 
at law by a party against the United States, its agencies, officers, or 
any other person.
    Sec. 7. This order is effective at 12:01 a.m. eastern standard time 
on January 19, 2001.
                                            William J. Clinton
The White House,
January 18, 2001.

[Filed with the Office of the Federal Register, 8:45 a.m., January 22, 
2001]

Note: This Executive order was released by the Office of the Press 
Secretary on January 19, and it will be published in the Federal 
Register on January 23.