[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR592.301]



[Page 444-445]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 592_ROUGH DIAMONDS CONTROL REGULATIONS--Table of Contents

 

                      Subpart C_General Definitions

 

Sec. 592.301  Controlled through the Kimberley Process Certification 

Scheme.





    (a) Except as otherwise provided in paragraph (b) of this section, 

the term controlled through the Kimberley Process Certification Scheme 

refers to the following requirements that apply, as appropriate, to the 

importation into the United States from a Participant, or to the 

exportation from the United States to a Participant, of any shipment 

including any rough diamond:

    (1) Kimberley Process Certificate. A shipment of rough diamonds 

imported into, or exported from, the United States must be accompanied 

by an original Kimberley Process Certificate. The certificate must be 

presented in connection with an importation or exportation of rough 

diamonds if demanded by United States customs officials. Pursuant to 31 

CFR Sec. Sec. 501.601 and 501.602, the person identified as the 

ultimate consignee (see Customs Directive 3550-079A) on the Customs Form 

7501 Entry Summary or its electronic equivalent filed with U.S. Customs 

and Border Protection in connection with an importation of rough 

diamonds must retain the original Kimberley Process Certificate for a 

period of at least five years from the date of importation and must make 

such certificate



[[Page 445]]



available for examination upon demand.

    (2) Tamper-resistant container. A shipment of rough diamonds 

imported into, or exported, from the United States must be sealed in a 

tamper-resistant container;

    (3) Notification requirements for importations into the United 

States. The person identified as the ultimate consignee (see Customs 

Directive 3550-079A) on the Customs Form 7501 Entry Summary or its 

electronic equivalent filed with U.S. Customs and Border Protection in 

connection with an importation of rough diamonds must report that 

person's receipt of a shipment of rough diamonds to the relevant foreign 

exporting authority within 15 calendar days of the date that the 

shipment arrived at the U.S. port of entry. The report must refer to the 

relevant Kimberley Process Certificate by its unique identifying number; 

specify the number of parcels in the shipment; specify the total carat 

weight of the shipment; and identify the importer and exporter of the 

shipment. The report need not be in any particular form and may be 

submitted electronically or by mail or courier; and

    (4) Validation of Kimberley Process Certificate for exportations 

from the United States. With respect to the exportation of rough 

diamonds from the United States and regardless of the destination, the 

U.S. Census Bureau requires the filing of export information through the 

Automated Export System. Submission of export information through the 

Automated Export System must be done in advance and must be confirmed by 

the return of an Internal Transaction Number. The return to the filer of 

the Internal Transaction Number shall constitute the validation of the 

Kimberley Process Certificate for an exportation of rough diamonds from 

the United States to a Participant. The exporter is required to report 

the Internal Transaction Number on the Kimberley Process Certificate 

accompanying any exportation from the United States. The Internal 

Transaction Number is a unique confirmation number generated by the 

Automated Export System to the filer who provides in a timely manner the 

complete commodity shipment data when such data have been accepted by 

the system.

    (b) The Secretary of State, consistent with section 3(2)(B) of the 

Clean Diamond Trade Act (Pub. L. 108-19), may modify the requirements 

set forth in paragraph (a) of this section upon making a determination 

that a Participant has established an alternative system of control for 

rough diamonds that meets substantially the standards, practices, and 

procedures of the Kimberley Process Certification Scheme.



    Note 1 to Sec. 592.301. The Secretary of State will periodically 

publish in the Federal Register an up-to-date listing of all 

Participants and their importing and exporting authorities. Where 

appropriate, such listing also will describe any modification of the 

requirements set forth in paragraph (a) of this section.

    Note 2 to Sec. 592.301. Pursuant to 31 CFR Sec. Sec. 501.601 and 

501.602, the recordkeeping and reporting requirements imposed by Sec. 

592.501 apply to all U.S. persons engaged in the importation into, or 

exportation from, the United States of any shipment of rough diamonds.

    Note 3 to Sec. 592.301. Effective November 1, 2004, customs 

brokers, importers, and filers making entry of a shipment of rough 

diamonds must either submit through U.S. Customs' Automated Broker 

Interface (ABI) system the unique identifying number of the Kimberley 

Process Certificate accompanying the shipment or, for non-ABI entries, 

indicate the certificate number on the Customs Form 7501 Entry Summary 

at each entry line.