Executive Order 13312

Administration of George W. Bush, 2003 / July 29
(b) Subject to section 2(b) of this order,
the function of the President under section
893 of the Act is assigned to the Secretary.
(c) Procedures issued by the Secretary in
the performance of the function of the President under section 892(a)(1) of the Act shall
apply to all agencies of the Federal Government. Such procedures shall specify that the
President may make, or may authorize another officer of the United States to make,
exceptions to the procedures.
(d) The function of the President under
section 892(b)(7) of the Act is delegated to
the Attorney General and the Director of
Central Intelligence, to be exercised jointly.
(e) In performing the functions assigned
to the Secretary by subsection (a) of this section, the Secretary shall coordinate with the
Secretary of State, the Secretary of Defense,
the Attorney General, the Secretary of Energy, the Director of the Office of Management and Budget, the Director of Central
Intelligence, the Archivist of the United
States, and as the Secretary deems appropriate, other officers of the United States.
(f) A determination, under the procedures
issued by the Secretary in the performance
of the function of the President under section
892(a)(1) of the Act, as to whether, or to what
extent, an individual who falls within the category of ‘‘State and local personnel’’ as defined in sections 892(f)(3) and (f)(4) of the
Act shall have access to information classified
pursuant to Executive Order 12958 of April
17, 1995, as amended, is a discretionary determination and shall be conclusive and not
subject to review or appeal.
Sec. 2. Rules of Construction. Nothing in
this order shall be construed to impair or otherwise affect:
(a) the authority of the Director of Central
Intelligence under section 103(c)(7) of the
National Security Act of 1947, as amended
(50 U.S.C. 403–3(c)(7)), to protect intelligence sources and methods from unauthorized disclosure;
(b) the functions of the Director of the
Office of Management and Budget relating
to budget, administrative, or legislative proposals; or
(c) the provisions of Executive Orders
12958 of April 17, 1995, as amended, and
12968 of August 2, 1995, as amended.

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Sec. 3. General Provision. This order is
intended only to improve the internal management of the Federal Government and is
not intended to, and does not, create any
right or benefit, substantive or procedural,
enforceable at law or in equity, against the
United States, its departments, agencies, or
other entities, its officers or employees, or
any other person.
George W. Bush
The White House,
July 29, 2003.
[Filed with the Office of the Federal Register,
9:18 a.m., July 30, 2003]
NOTE: This Executive order was published in the
Federal Register on July 31.

Executive Order 13312—
Implementing the Clean Diamond
Trade Act
July 29, 2003
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

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1000

July 29 / Administration of George W. Bush, 2003

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.

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(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

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Administration of George W. Bush, 2003 / July 29
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.
George W. Bush
The White House,
July 29, 2003.
[Filed with the Office of the Federal Register,
9:18 a.m., July 30, 2003]
NOTE: This Executive order was published in the
Federal Register on July 31.

Letter to Congressional Leaders
Transmitting the Executive Order
Implementing the Clean Diamond
Trade Act
July 29, 2003
Dear Mr. Speaker: (Dear Mr. President:)
Consistent with section 204(b) of the
International Emergency Economic Powers
Act, 50 U.S.C. 1703(b), and section 301 of
the National Emergencies Act, 50 U.S.C.
1631, I hereby report that I have issued an
Executive Order (copy attached) to implement the Clean Diamond Trade Act, Public
Law 108–19 (the ‘‘Act’’), which authorizes
the President to take steps to implement the
Kimberley Process Certification Scheme
(KPCS) for rough diamonds in the United
States. In addition, my Executive Order
amends Executive Orders 13194 and 13213
to harmonize those orders with the Act and
to reflect recent developments in Sierra
Leone and Liberia. The prohibitions in section 1 and 3 of the order take effect at 12:01

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a.m. eastern daylight time on July 30, 2003,
and the remaining provisions of the order
take effect immediately.
On January 18, 2001, the President issued
Executive Order 13194 taking into account
United Nations Security Council Resolution
(UNSCR) 1306 of July 5, 2000. That order
declared a national emergency in response
to the role played by the illicit trade in diamonds in fueling conflict and human rights
violations in Sierra Leone and prohibited the
importation into the United States of rough
diamonds from Sierra Leone that were not
controlled by the Government of Sierra
Leone through its Certificate of Origin regime.
On May 22, 2001, I issued Executive
Order 13213 taking into account UNSCR
1343 of March 7, 2001. That order expanded
the scope of the national emergency declared
in Executive Order 13194 to respond to,
among other things, the Government of Liberia’s complicity in the illicit trade in rough
diamonds through Liberia. Executive Order
13213 prohibited the direct or indirect importation into the United States of all rough
diamonds from Liberia, whether or not such
diamonds originated in Liberia, except to the
extent provided in regulations, orders, directives, or licenses issued pursuant to the order.
The United Nations ban against the importation of rough diamonds from Sierra Leone
without a certificate of origin, imposed by
UNSCR 1306 and renewed by UNSCR 1446
of December 4, 2002, expired on June 4,
2003. The United Nations Security Council
decided not to renew the measure in light
of the Government of Sierra Leone’s increased efforts to control and manage its diamond industry and ensure proper control
over diamond mining areas, as well as the
Government’s full participation in the KPCS.
Although the hostilities fueled by and funded
with conflict diamonds have ceased in Sierra
Leone, the attendant peace and stability are
tentative, fragile, and jeopardized by ongoing
illicit diamond production and smuggling. In
addition, the Security Council, through
UNSCR 1478 of May 6, 2003, renewed for
1 year the absolute import ban on rough diamonds from Liberia based on evidence that
the Government of Liberia continues to

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