Page:United States Statutes at Large Volume 117.djvu/652

 PUBLIC LAW 108–19—APR. 25, 2003

117 STAT. 633

whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regulating imports, including the verification of the Kimberley Process Certificate accompanying the shipment. (5) KIMBERLEY PROCESS CERTIFICATE.—The term ‘‘Kimberley Process Certificate’’ means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled through the Kimberley Process Certification Scheme and contains the minimum elements set forth in Annex I to the Kimberley Process Certification Scheme. (6) KIMBERLEY PROCESS CERTIFICATION SCHEME.—The term ‘‘Kimberley Process Certification Scheme’’ means those standards, practices, and procedures of the international certification scheme for rough diamonds presented in the document entitled ‘‘Kimberley Process Certification Scheme’’ referred to in the Interlaken Declaration on the Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002. (7) PARTICIPANT.—The term ‘‘Participant’’ means a state, customs territory, or regional economic integration organization identified by the Secretary of State. (8) PERSON.—The term ‘‘person’’ means an individual or entity. (9) ROUGH DIAMOND.—The term ‘‘rough diamond’’ means any diamond that is unworked or simply sawn, cleaved, or bruted and classifiable under subheading 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff Schedule of the United States. (10) UNITED STATES.—The term ‘‘United States’’, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (11) UNITED STATES PERSON.—The term ‘‘United States person’’ means— (A) any United States citizen or any alien admitted for permanent residence into the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches); and (C) any person in the United States. SEC. 4. MEASURES FOR THE IMPORTATION AND EXPORTATION OF ROUGH DIAMONDS.

(a) PROHIBITION.—The President shall prohibit the importation into, or exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme. (b) WAIVER.—The President may waive the requirements set forth in subsection (a) with respect to a particular country for periods of not more than 1 year each, if, with respect to each such waiver— (1) the President determines and reports to the appropriate congressional committees that such country is taking effective steps to implement the Kimberley Process Certification Scheme; or

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