in the United States that issues Kimberley Process Certifi-
cates for the exportation from the United States of rough
diamonds to determine whether such standards, practices,
and procedures are in accordance with the Kimberley
Process Certification Scheme. The President shall trans-
mit to the appropriate congressional committees a report
on each annual review under this subsection.
SEC. 6. IMPORTING AND EXPORTING AUTHORITIES.
(a) IN THE UNITED STATES.—For purposes of this
Act—
(1) the importing authority shall be the United
States Bureau of Customs and Border Protection or,
in the case of a territory or possession of the United
States with its own customs administration, analo-
gous officials; and
(2) the exporting authority shall be the Bureau
of the Census.
(b) OF OTHER COUNTRIES.—The President shall
publish in the Federal Register a list of all Participants,
and all exporting authorities and importing authorities of
Participants. The Secretary shall update the list as nec-
essary.
SEC. 7. STATEMENT OF POLICY.
The Congress supports the policy that the President
shall take appropriate steps to promote and facilitate the
adoption by the international community of the Kimberley
Process Certification Scheme implemented under this Act.
SEC. 8. ENFORCEMENT.
(a) IN GENERAL.—In addition to the enforcement
provisions set forth in subsection (b)—
(1) a civil penalty of not to exceed $10,000 may
be imposed on any person who violates, or attempts
to violate, any license, order, or regulation issued
under this Act; and
(2) whoever willfully violates, or willfully at-
tempts to violate, any license, order, or regulation
issued under this Act shall, upon conviction, be fined
not more than $50,000, or, if a natural person, may
be imprisoned for not more than 10 years, or both;
and any officer, director, or agent of any corporation
who willfully participates in such violation may be
punished by a like fine, imprisonment, or both.
(b) IMPORT VIOLATIONS.—Those customs laws of the
United States, both civil and criminal, including those
laws relating to seizure and forfeiture, that apply to arti-
cles imported in violation of such laws shall apply with
respect to rough diamonds imported in violation of this
Act.
(c) AUTHORITY TO ENFORCE.—The United States
Bureau of Customs and Border Protection and the United
States Bureau of Immigration and Customs Enforcement
are authorized, as appropriate, to enforce the provisions
of subsection (a) and to enforce the laws and regulations
governing exports of rough diamonds, including with re-
spect to the validation of the Kimberley Process Certifi-
cate by the exporting authority.
SEC. 9. TECHNICAL ASSISTANCE.
The President may direct the appropriate agencies of
the United States Government to make available technical
assistance to countries seeking to implement the Kim-
berley Process Certification Scheme.
SEC. 10. SENSE OF CONGRESS.
(a) ONGOING PROCESS.—It is the sense of the Con-
gress that the Kimberley Process Certification Scheme, of-
ficially launched on January 1, 2003, is an ongoing proc-
ess. The President should work with Participants to
strengthen the Kimberley Process Certification Scheme
through the adoption of measures for the sharing of statis-
tics on the production of and trade in rough diamonds,
and for monitoring the effectiveness of the Kimberley
Process Certification Scheme in stemming trade in dia-
monds the importation or exportation of which is not con-
trolled through the Kimberley Process Certification
Scheme.
(b) STATISTICS AND REPORTING.—It is the sense of
the Congress that under Annex III to the Kimberley Proc-
ess Certification Scheme, Participants recognized that re-
liable and comparable data on the international trade in
rough diamonds are an essential tool for the effective im-
plementation of the Kimberley Process Certification
Scheme. Therefore, the executive branch should continue
to—
(1) keep and publish statistics on imports and
exports of rough diamonds under subheadings
7102.10.00, 7102.21, and 7102.31.00 of the Har-
monized Tariff Schedule of the United States;
(2) make these statistics available for analysis
by interested parties and by Participants; and
(3) take a leadership role in negotiating a
standardized methodology among Participants for
reporting statistics on imports and exports of rough
diamonds.
SEC. 11. KIMBERLEY PROCESS IMPLEMENTATION COORDI-
NATING COMMITTEE.
The President shall establish a Kimberley Process
Implementation Coordinating Committee to coordinate the
implementation of this Act. The Committee should be
composed of the following individuals or their designees:
(1) The Secretary of the Treasury and the Sec-
retary of State, to serve as co-chairpersons.
(2) The Secretary of Commerce.
(3) The United States Trade Representative.
(4) The Secretary of Homeland Security.
(5) A representative of any other agency the
President deems appropriate.
SEC. 12. REPORTS.
(a) ANNUAL REPORTS.—Not later than 1 year after
the date of the enactment of this Act and every 12 months
thereafter for such period as this Act is in effect, the
President shall transmit to the Congress a report—
(1) describing actions taken by countries that
have exported rough diamonds to the United States
during the preceding 12-month period to control the
exportation of the diamonds through the Kimberley
Process Certification Scheme;
(2) describing whether there is statistical infor-
mation or other evidence that would indicate efforts
to circumvent the Kimberley Process Certification
Scheme, including cutting rough diamonds for the
purpose of circumventing the Kimberley Process
Certification Scheme;
(3) identifying each country that, during the
preceding 12-month period, exported rough dia-
monds to the United States and was exporting rough
diamonds not controlled through the Kimberley
Process Certification Scheme, if the failure to do so
has significantly increased the likelihood that those
diamonds not so controlled are being imported into
the United States; and
(4) identifying any problems or obstacles en-
countered in the implementation of this Act or the
Kimberly Process Certification Scheme.
(b) SEMIANNUAL REPORTS.—For each country iden-
tified in subsection (a)(3), the President, during such pe-
riod as this Act is in effect, shall, every 6 months after
the initial report in which the country was identified,
transmit to the Congress a report that explains what ac-
tions have been taken by the United States or such coun-
try since the previous report to ensure that diamonds the
exportation of which was not controlled through the Kim-
berley Process Certification Scheme are not being im-
ported from that country into the United States. The re-
quirement to issue a semiannual report with respect to a
country under this subsection shall remain in effect until
such time as the country is controlling the importation and
exportation of rough diamonds through the Kimberley
Process Certification Scheme.