Recent OFAC Actions
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The following foreign entity has been designated by the Secretary
of State as being subject to the import ban of the Weapons
of Mass Destruction Trade Control Regulations (31 C.F.R. Part
539):
CHINA PRECISION MACHINERY IMPORT/EXPORT CORPORATION (a.k.a.
CPMIEC), wherever located, including 3/F, Minxing Building
No. 190, 817 (North) Road, Fuzhou City, Fujan Province, China
[July 30, 2003]
The President has also issued the following Executive Order
with respect to Diamond Trading:
EXECUTIVE ORDER
IMPLEMENTING THE CLEAN DIAMOND TRADE ACT
"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 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 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."
OFAC's program brochure on Sierra Leone has been archived,
OFAC's program brochure on Liberia has been revised, and
OFAC has created a new program brochure on Diamond
Trading. OFAC's industry overviews
for exporters
& importers and the financial
community have also been updated.
In addtion, OFAC has updated its list of authorized service providers under the Cuban Assets Control
Regulations.
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