[Weekly Compilation of Presidential Documents Volume 39, Number 31 (Monday, August 4, 2003)]
[Pages 1002-1003]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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 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

[[Page 1003]]

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.