§ 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA.
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Definitions .— In this section: Appropriate congressional committees .— The term ‘appropriate congressional committees’ means— the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Finance and the Committee on Foreign Relations of the Senate. Burmese covered article .— The term ‘Burmese covered article’ means— jadeite mined or extracted from Burma; rubies mined or extracted from Burma; or articles of jewelry containing jadeite described in subparagraph
(A)or rubies described in subparagraph (B). Non-burmese covered article .— The term ‘non-Burmese covered article’ means— jadeite mined or extracted from a country other than Burma; rubies mined or extracted from a country other than Burma; or articles of jewelry containing jadeite described in subparagraph
(A)or rubies described in subparagraph (B). Jadeite; rubies; articles of jewelry containing jadeite or rubies.— Jadeite .— The term ‘jadeite’ means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (in this paragraph referred to as the ‘HTS’) [see Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19 , Customs Duties]. Rubies .— The term ‘rubies’ means any rubies classifiable under heading 7103 of the HTS. Articles of jewelry containing jadeite or rubies .— The term ‘articles of jewelry containing jadeite or rubies’ means— any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; or any article of jadeite or rubies classifiable under heading 7116 of the HTS. 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. Prohibition on Importation of Burmese Covered Articles.— In general .— Notwithstanding any other provision of law, until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall prohibit the importation into the United States of any Burmese covered article. Regulatory authority .— The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition under paragraph (1). Other actions .— Beginning on the date of the enactment of this Act [ July 28, 2003 ], the President shall take all appropriate actions to seek the following: The issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization granting a waiver of the applicable obligations of the United States under the World Trade Organization with respect to the provisions of this section and any measures taken to implement this section. The adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles. Requirements for Importation of Non-Burmese Covered Articles.— In general .— Except as provided in paragraph (2), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall require as a condition for the importation into the United States of any non-Burmese covered article that— the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures described in clauses
(i)through
(iv)of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles; and the importer of the non-Burmese covered article agrees— to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction related to the purchase, manufacture, or shipment of the non-Burmese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and to provide the information described in clause
(i)within the custody or control of such person to the relevant United States authorities upon request. Exception.— In general .— The President may waive the requirements of paragraph
(1)with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees has implemented the measures described in subparagraph
(B)(or their functional equivalent) to prevent the trade in Burmese covered articles. Measures described .— The measures referred to in subparagraph
(A)are the following: With respect to exportation from the country of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted, total carat weight, and value of the jadeite or rubies. With respect to exportation from the country of finished jadeite or polished rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. With respect to exportation from the country of articles of jewelry containing jadeite or rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the article of jewelry containing jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articles in the country, and subject to inspection and verification by authorized authorities of the government of the country in accordance with applicable law. Implementation by the government of the country of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to prevent trade in Burmese covered articles. Full cooperation by the country with the United Nations or other official international organizations that seek to prevent trade in Burmese covered articles. Regulatory authority .— The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders and conduct such investigations, as may be necessary to implement the provisions under paragraphs
(1)and (2). Inapplicability.— In general .— The requirements of subsection (b)(1) and subsection (c)(1) shall not apply to Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States, including those that accompanied an individual outside the United States for personal use, if they are reimported into the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States. Additional provision .— The requirements of subsection (c)(1) shall not apply with respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the United States. Enforcement .— Burmese covered articles or non-Burmese covered articles that are imported into the United States in violation of any prohibition of this Act or any other provision law [sic] shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States. Sense of Congress.— In general .— It is the sense of Congress that the President should take the necessary steps to seek to negotiate an international arrangement—similar to the Kimberley Process Certification Scheme for conflict diamonds—to prevent the trade in Burmese covered articles. Such an international arrangement should create an effective global system of controls and should contain the measures described in subsection (c)(2)(B) (or their functional equivalent). Kimberley process certification scheme defined .— In paragraph (1), the term ‘Kimberley Process Certification Scheme’ has the meaning given the term in section 3(6) of the Clean Diamond Trade Act ( Public Law 108–19 ; 19 U.S.C. 3902(6) ). Report.— In general .— Not later than 180 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek— the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization, as specified in subsection (b)(3)(A); the adoption of a resolution by the United Nations General Assembly, as specified in subsection (b)(3)(B); and the negotiation of an international arrangement, as specified in subsection (f)(1). Update .— The President shall make continued efforts to seek the items specified in subparagraphs (A), (B), and
(C)of paragraph
(1)and shall promptly update the appropriate congressional committees on subsequent developments with respect to these efforts. Report .— Not later than 14 months after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of the implementation of this section. The Comptroller General shall include in the report any recommendations for improving the administration of this Act.
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- Pub. L. 108-19
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§ 3A
PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA.
Pub. L.Pub. L. 108-19
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