[Federal Register: May 16, 2005 (Volume 70, Number 93)]
[Rules and Regulations]
[Page 25773-25774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my05-5]
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DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 30
[Docket Number 041029301-5119-02]
RIN 0607-AA44
Requirement for Reporting the Kimberley Process Certificate
Number for Exports and Reexports of Rough Diamonds
AGENCY: Bureau of the Census, Commerce Department.
ACTION: Final rule.
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SUMMARY: The U.S. Census Bureau (Census Bureau) is amending the Foreign
Trade Statistics Regulations (FTSR) to incorporate the requirement that
the Kimberley Process Certificate (KPC) number for the exports and the
reexports of rough diamonds be filed through the Automated Export
System (AES). This rule serves to carry out the purposes of Executive
Order 13312 of July 29, 2003, which implemented the Clean Diamond Trade
Act and the Kimberley Process Certification Scheme in the United
States.
DATES: This rule is effective June 15, 2005.
FOR FURTHER INFORMATION CONTACT: C. Harvey Monk, Jr., Chief, Foreign
Trade Division, U.S. Census Bureau, Room 2104, Federal Building 3,
Washington, DC 20233-6700; by phone at (301) 763-2255; by fax at (301)
457-2645; or by e-mail: c.harvey.monk.jr@census.gov.
SUPPLEMENTARY INFORMATION: In the January 12, 2005 Federal Register, 70
FR 2072, the Census Bureau published a notice of proposed rulemaking
and request for comments for a requirement that the KPC number for
exports and reexports of rough diamonds be filed through the AES.
Public comments were requested through February 11, 2005. The Census
Bureau did not receive any comments on the proposed rule. This final
rule adopts the measures contained in the proposed rule.
This final rule amends 15 CFR part 30 by revising Sec. 30.63 of
the FTSR to specify the requirement for reporting the KPC number via
the AES for exports and reexports of rough diamonds. On July 29, 2003,
the President issued Executive Order 13312, which implemented Public
Law 108-19, known as the Clean Diamond Trade Act (the Act). The Act
implemented the Kimberley Process in the United States by authorizing
the President to prohibit the importation into or the exportation from
the United States of any rough diamond, from whatever source, unless
the rough diamond is controlled through the Kimberley Process
Certification Scheme, as defined in the Act. Pursuant to the Act,
shipments of rough diamonds between the United States and
nonparticipants in the Kimberley Process are prohibited, and shipments
between the United States and participants are permitted only if they
are handled in accordance with the standards, practices, and procedures
of the Kimberley Process set forth in the Rough Diamonds Control
Regulations, 31 CFR part 592, promulgated by the Department of the
Treasury's Office of Foreign Assets Control (OFAC) (see 69 FR 56936
dated September 23, 2004).
Section 6 of the Act names the Census Bureau as the exporting
authority for the United States. This requires the Census Bureau to
validate the KPC for exports of rough diamonds. The KPC is a forgery-
resistant document of a participant nation or entity that demonstrates
that an exportation of rough diamonds has been controlled through the
Kimberley Process and contains the minimum elements required by OFAC
regulations (Title 31 CFR part 592). Each KPC is assigned an
identification number called the KPC number.
To comply with the requirements of the Act, the Census Bureau
amended the FTSR on October 20, 2003, to incorporate requirements for
the mandatory electronic filing via the AES of exports of rough
diamonds. The Census Bureau is now amending the FTSR to require the
reporting through AES of the KPC number found on the KPC for all
exports of rough diamonds classified under Harmonized System
subheadings 7102.10, 7102.21, and 7102.31. This requirement will not
affect filers of Shipper's Export Declarations since all exports of
rough diamonds are required to be filed through the AES.
[[Page 25774]]
Shipments of rough diamonds from the United States must also meet
additional Department of the Treasury requirements identified in the
Office of Foreign Assets Control's Rough Diamonds Control Regulations,
title 31 CFR part 592.
Executive Order 12866
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Executive Order 13132
This final rule does not contain policies with Federalism
implications, as that term is defined in E.O. 13132.
Paperwork Reduction Act
The collection of information required in this final rule has been
approved by the Office of Management and Budget under the Paperwork
Reduction Act (PRA). This rule contains a collection-of-information
subject to the requirements of the PRA (44 U.S.C. 3501 et seq.), which
has been approved under OMB control number 0607-0152. The reporting and
recordkeeping burden for this requirement is estimated at 10 total
burden hours. Notwithstanding any other provision of law, no person is
required to respond to, nor shall a person be subject to a penalty for
failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act (PRA), unless that
collection of information displays a current, valid Office of
Management and Budget (OMB) control number.
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce,
certified to the Chief Counsel for Advocacy, Small Business
Administration, under the provisions of the Regulatory Flexibility Act
(5 U.S.C. 605 (b)), that this rule will not have a significant economic
impact on a substantial number of small entities. The factual basis for
this certification was published with the proposed rule. No comments
were received regarding the economic impact of this final rule. As a
result, no final regulatory flexibility analysis was prepared.
List of Subjects in 15 CFR Part 30
Economic statistics, Foreign trade, Exports, and Reporting and
recordkeeping requirements.
0
For the reasons set out in the preamble, title 15 CFR part 30, is
amended as follows:
PART 30--FOREIGN TRADE STATISTICS
0
1. The authority citation for part 30 is revised to read as follows:
Authority: 5 U.S.C. 301; 13 U.S.C. 301-307; 19 U.S.C. 3901-3913;
Reorganization Plan 5 of 1950 (3 CFR 1949-1953 Comp., 1004);
Executive Order 13312, Implementing the Clean Diamond Act, 68 FR
45151 (31 CFR Part 592); and Department of Commerce Organization
Order No. 35-2A, July 22, 1987, as amended, and No. 35-2B, December
20, 1996, as amended.
Subpart E--Electronic Filing Requirements--Shipper's Export
Information
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2. In Sec. 30.63, add a paragraph (b)(22) to read as follows:
Sec. 30.63 Information required to be reported electronically through
AES (data elements).
* * * * *
(b) * * *
(22) Kimberley Process Certificate (KPC) number. The unique
identifying number of the KPC issued by the United States Kimberley
Process Authority that must accompany any export shipment of rough
diamonds. Rough diamonds are classified under 6-digit Harmonized System
subheadings 7102.10, 7102.21, and 7102.31. Enter the KPC number in the
license number field excluding the 2-digit U.S. ISO country code.
* * * * *
Dated: May 10, 2005.
Charles Louis Kincannon,
Director, Bureau of the Census.
[FR Doc. 05-9629 Filed 5-13-05; 8:45 am]
BILLING CODE 3510-07-P