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Practice Areas

Rough Diamond Import and Export Requirements to be Updated Under Census Proposal

Monday, October 02, 2017
Sandler, Travis & Rosenberg Trade Report

The Census Bureau is proposing to amend its regulations to make various changes with respect to controls on imports and exports of rough diamonds. Comments on this proposed rule are due no later than Nov. 28.

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. Under the CDTA and Census’ Foreign Trade Regulations, Kimberley Process certificates for such shipments must be provided to Census to help produce trade statistics.

The proposed rule would make the following changes to the FTR.

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

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

- state 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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