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Practice Areas

Rough Diamond Import and Export Requirements Updated

Tuesday, April 24, 2018
Sandler, Travis & Rosenberg Trade Report

The Census Bureau has issued a final rule that, effective July 23, will make various changes to the Foreign Trade Regulations with respect to controls on imports and exports of rough diamonds.

Under the Clean Diamond Trade Act and the Office of Foreign Assets Control’s Rough Diamonds Control Regulations, U.S. imports and exports of rough diamonds must be accompanied by an original certificate issued under the Kimberley Process Certification Scheme, which seeks to prevent trade in diamonds from funding civil wars and terrorist activities. The CDTA also provides that the U.S. should produce statistics on imports and exports of rough diamonds and make these statistics available for analysis by interested parties, including other governments participating in the KPCS.

The final rule will make the following changes to the FTR.

- add the definition “Kimberley Process certificate” as a technical amendment

- add the definition “voided Kimberley Process certificate” to clarify the term

- clarify that voided KPCs must be immediately faxed by the voiding party to Census, or provided by other methods permitted by Census, immediately upon voiding

- clarify that KPCs must be provided to Census immediately after entry or export (rather than in advance, as currently required)

- clarify that KPCs are not considered electronic export information and are not confidential under Title 13 of the U.S. Code

- clarify how violations of the CDTA will be enforced

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