[Weekly Compilation of Presidential Documents Volume 39, Number 31 (Monday, August 4, 2003)]
[Pages 999-1001]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13312--Implementing the Clean Diamond Trade Act

July 29, 2003

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Clean Diamond 
Trade Act (Public Law 108-19) (the ``Act''), the International Emergency 
Economic Powers Act, as amended (50 U.S.C. 1701 et seq.), the National 
Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United 
Nations Participation Act, as amended (22 U.S.C. 287c), and section 301 
of title 3, United States Code, and in view of the national emergency 
described and declared in Executive Order 13194 of January 18, 2001, and 
expanded in scope in Executive Order 13213 of May 22, 2001,
    I, George W. Bush, President of the United States of America, note 
that, in response to the role played by the illicit trade in diamonds in 
fueling conflict and human rights violations in Sierra Leone, the 
President declared a national emergency in Executive Order 13194 and 
imposed restrictions on the importation of rough diamonds into the 
United States from Sierra Leone. I expanded the scope of that emergency 
in Executive Order 13213 and prohibited absolutely the importation of 
rough diamonds from Liberia. I further note that representatives of

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the United States and numerous other countries announced in the 
Interlaken Declaration of November 5, 2002, the launch of the Kimberley 
Process Certification Scheme (KPCS) for rough diamonds, under which 
Participants prohibit the importation of rough diamonds from, or the 
exportation of rough diamonds to, a non-Participant and require that 
shipments of rough diamonds from or to a Participant be controlled 
through the KPCS. The Clean Diamond Trade Act authorizes the President 
to take steps to implement the KPCS. Therefore, in order to implement 
the Act, to harmonize Executive Orders 13194 and 13213 with the Act, to 
address further threats to international peace and security posed by the 
trade in conflict diamonds, and to avoid undermining the legitimate 
diamond trade, it is hereby ordered as follows:
    Section 1. Prohibitions. Notwithstanding the existence of any rights 
or obligations conferred or imposed by any contract entered into or any 
license or permit granted prior to July 30, 2003, the following are, 
except to the extent a waiver issued under section 4(b) of the Act 
applies, prohibited:
    (a) the importation into, or exportation from, the United States on 
or after July 30, 2003, of any rough diamond, from whatever source, 
unless the rough diamond has been controlled through the KPCS;
    (b) any transaction by a United States person anywhere, or any 
transaction that occurs in whole or in part 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 section; 
and
    (c) any conspiracy formed to violate any of the prohibitions of this 
section.
    Sec. 2. Assignment of Functions. (a) The functions of the President 
under the Act are assigned as follows:
    (i) sections 4(b), 5(c), 6(b), 11, and 12 to the Secretary of State; 
and
    (ii) sections 5(a) and 5(b) to the Secretary of the Treasury.
    (b) The Secretary of State and the Secretary of the Treasury may 
reassign any of these functions to other officers, officials, 
departments, and agencies within the executive branch, consistent with 
applicable law.
    (c) In performing the function of the President under section 11 of 
the Act, the Secretary of State shall establish the coordinating 
committee as part of the Department of State for administrative purposes 
only, and shall, consistent with applicable law, provide administrative 
support to the coordinating committee. In the performance of functions 
assigned by subsection 2(a) of this order or by the Act, the Secretary 
of State, the Secretary of the Treasury, and the Secretary of Homeland 
Security shall consult the coordinating committee, as appropriate.
    Sec. 3. Amendments to Related Executive Orders. (a) Section 1 of 
Executive Order 13194 of January 18, 2001, is revised to read as 
follows:
    ``Section 1. Except to the extent provided by section 2 of this 
order, and notwithstanding the existence of any rights or obligations 
conferred or imposed by any contract entered into or any license or 
permit granted prior to the effective date of this order, the 
importation into, or exportation from, the United States of any rough 
diamond from Sierra Leone, on or after July 30, 2003, is prohibited.''
    (b) Section 2 of Executive Order 13194 is revised to read as 
follows: ``Sec. 2. The prohibitions in section 1 of this order shall not 
apply to the importation or exportation of any rough diamond that has 
been controlled through the Kimberley Process Certification Scheme.''
    (c) Sections 4(c), (d), and (e) of Executive Order 13194 are 
deleted, and the word ``and'' is added after the semicolon at the end of 
section 4(a).
    (d) Section 1 of Executive Order 13213 of May 22, 2001, is revised 
to read as follows: ``Section 1. Notwithstanding the existence of any 
rights or obligations conferred or imposed by 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 Liberia, whether or not such diamonds originated in 
Liberia, on or after July 30, 2003, is prohibited.''
    Sec. 4. Definitions. For the purposes of this order and Executive 
Order 13194, the definitions set forth in section 3 of the Act shall 
apply, and the term ``Kimberley Process

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Certification Scheme'' shall not be construed to include any changes to 
the KPCS after April 25, 2003.
    Sec. 5. General Provisions. This order is not intended to, and does 
not, create any right or benefit, substantive or procedural, enforceable 
at law or in equity by any party against the United States, its 
departments, agencies, instrumentalities or entities, its officers or 
employees, or any other person.
    Sec. 6. Effective Date and Transmittal. (a) Sections 1 and 3 of this 
order are effective at 12:01 a.m. eastern daylight time on July 30, 
2003. The remaining provisions of this order are effective immediately.
    (b) This order shall be transmitted to the Congress and published in 
the Federal Register.
                                                George W. Bush
 The White House,
 July 29, 2003.

 [Filed with the Office of the Federal Register, 9:18 a.m., July 30, 
2003]

Note: This Executive order was published in the Federal Register on July 
31.