H. R. 1584—5
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 articles 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 appro-
priate, to enforce the provisions of subsection (a) and to enforce
the laws and regulations governing exports of rough diamonds,
including with respect to the validation of the Kimberley Process
Certificate 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 coun-
tries seeking to implement the Kimberley Process Certification
Scheme.
SEC. 10. SENSE OF CONGRESS.
(a) ONGOING PROCESS.—It is the sense of the Congress that
the Kimberley Process Certification Scheme, officially launched on
January 1, 2003, is an ongoing process. 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 diamonds the importation or expor-
tation of which is not controlled through the Kimberley Process
Certification Scheme.
(b) STATISTICS AND REPORTING.—It is the sense of the Congress
that under Annex III to the Kimberley Process Certification Scheme,
Participants recognized that reliable and comparable data on the
international trade in rough diamonds are an essential tool for
the effective implementation 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 Harmonized 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 COORDINATING
COMMITTEE.
The President shall establish a Kimberley Process Implementa-
tion Coordinating Committee to coordinate the implementation of
this Act. The Committee shall be composed of the following individ-
uals or their designees:
(1) The Secretary of the Treasury and the Secretary of
State, who shall be co-chairpersons.
(2) The Secretary of Commerce.
H. R. 1584—6
(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 information 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 diamonds 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 dia-
monds not so controlled are being imported into the United
States; and
(4) identifying any problems or obstacles encountered in
the implementation of this Act or the Kimberly Process Certifi-
cation Scheme.
(b) SEMIANNUAL REPORTS.—For each country identified in sub-
section (a)(3), the President, during such period 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 actions have been taken by the United States or
such country since the previous report to ensure that diamonds
the exportation of which was not controlled through the Kimberley
Process Certification Scheme are not being imported from that
country into the United States. The requirement to issue a semi-
annual 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.
SEC. 13. GAO REPORT.
Not later than 24 months after the effective date of this Act,
the Comptroller General of the United States shall transmit a
report to the Congress on the effectiveness of the provisions of
this Act in preventing the importation or exportation of rough
diamonds that is prohibited under section 4. The Comptroller Gen-
eral shall include in the report any recommendations on any modi-
fications to this Act that may be necessary.
SEC. 14. DELEGATION OF AUTHORITIES.
The President may delegate the duties and authorities under
this Act to such officers, officials, departments, or agencies of the
United States Government as the President deems appropriate.
H. R. 1584—7
SEC. 15. EFFECTIVE DATE.
This 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 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.
This Act shall thereafter remain in effect during those periods
in which, as certified by the President to the Congress, an applicable
waiver or decision referred to in paragraph (1) or (2) is in effect.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.