[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Proposed Rules]
[Pages 48918-48922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20001]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 158 / Wednesday, August 15, 2012 /
Proposed Rules
[[Page 48918]]
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Parts 12, 163, and 178
[Docket No. USCBP-2012-0022]
RIN 1515-AD85
Prohibitions and Conditions on the Importation and Exportation of
Rough Diamonds
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes to amend the U.S. Customs and Border
Protection (CBP) regulations to set forth the prohibitions and
conditions that are applicable to the importation and exportation of
rough diamonds pursuant to the Clean Diamond Trade Act, as implemented
by the President in Executive Order 13312 dated July 29, 2003, and the
Rough Diamonds Control Regulations (RDCR) issued by the Office of
Foreign Assets Control of the U.S. Department of the Treasury. In
addition to restating pertinent provisions of the RDCR, the proposed
amendments would clarify that any U.S. person exporting from or
importing into the United States a shipment of rough diamonds must
retain for a period of at least five years a copy of the Kimberley
Process Certificate that currently must accompany such shipments and
make the copy available for inspection when requested by CBP. The
document also proposes to require formal entry for shipments of rough
diamonds.
DATES: Comments must be received on or before October 15, 2012.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number
USCBP-2012-0022.
Mail: Trade and Commercial Regulations Branch, Regulations
and Rulings, Office of International Trade, Customs and Border
Protection, 799 9th Street NW., 5th Floor, Washington, DC 20229-1179.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may be inspected during regular business days between the hours of 9
a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Regulations and Rulings, Office of International Trade, Customs and
Border Protection, 799 9th Street NW., 5th Floor, Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 325-0118.
FOR FURTHER INFORMATION CONTACT: Brian Barulich, Regulations and
Rulings, Office of International Trade, (202) 325-0059.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. U.S. Customs and Border Protection (CBP) also invites
comments that relate to the economic, environmental, or federalism
effects that might result from this proposed rulemaking. Comments that
will provide the most assistance to CBP will reference a specific
portion of the proposed rulemaking, explain the reason for any
recommended change, and include data, information, or authority that
support such recommended change. See ADDRESSES above for information on
how to submit comments.
Background
I. Purpose
In response to the role played by the illicit trade in diamonds in
fueling conflict and human rights violations in certain areas of the
world, and to differentiate between the trade in conflict diamonds and
the trade in legitimate diamonds, 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 the KPCS, participating countries 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 participating country be controlled through the
KPCS. The U.S. Secretary of State is responsible for providing an up-
to-date listing of all participants in the KPCS. The most recent
listing of participants was published in the Federal Register (73 FR
80506) on December 31, 2008.
II. Clean Diamond Act and Executive Order
The Clean Diamond Trade Act (the Act), Public Law 108-19, 117 Stat.
631 (19 U.S.C. 3901 et seq.), was enacted on April 25, 2003. Section 4
of the Act requires the President, subject to certain waiver
authorities, to prohibit the importation into, or exportation from, the
United States of any rough diamond, from whatever source, that has not
been controlled through the KPCS. Section 5(a) of the Act authorizes
the President to issue such proclamations, regulations, licenses, and
orders, and conduct such investigations, as may be necessary to carry
out the Act. Section 5(b) of the Act sets forth the general
recordkeeping requirements that apply to persons seeking to export from
or import into the United States any rough diamonds. Section 5(b)
specifically provides that any United States person seeking to export
from or import into the United States any rough diamonds shall keep a
full record of, in the form of reports or otherwise, complete
information relating to any act or transaction to which any prohibition
imposed under section 4(a) of the Act applies. Section 5(b) further
provides
[[Page 48919]]
that such person may be required to furnish such information under
oath, including the production of books of account, records, contracts,
letters, memoranda, or other papers, in the custody or control of such
person. In addition to CBP having the authority to apply the customs
laws to import violations of the Act, section 8 authorizes CBP and U.S.
Immigration and Customs Enforcement (ICE), as appropriate, to assess
penalties and enforce the export laws and regulations. See also 15 CFR
30.70. Therefore, pursuant to section 8, CBP may assess penalties for
export recordkeeping violations. However, CBP notes that the penalties
under 19 U.S.C. 1509(a)(1)(A) do not apply to recordkeeping
requirements for export documents.
On July 29, 2003, the President issued Executive Order 13312
(published in the Federal Register (68 FR 45151) on July 31, 2003) to
implement the Act, effective for rough diamonds imported into, or
exported from, the United States on or after July 30, 2003.
III. Existing Regulations and Requirements
CBP notes that persons importing into or exporting from the United
States a shipment of rough diamonds must comply with the requirements
of CBP, the Office of Foreign Assets Control (OFAC) of the Department
of the Treasury (part 592 of title 31 of the Code of Federal
Regulations (31 CFR part 592)), and the U.S. Census Bureau (15 CFR part
30). Such persons should also be aware of any relevant Internet
postings, guidance documents, or Federal Register notices issued by the
U.S. Department of State. Also, it should be noted that ICE can take
enforcement action on illegally imported and exported rough diamonds.
See 19 U.S.C. 3907. Examples of the other government requirements are
provided below.
OFAC, acting pursuant to Executive Order 13312 and delegated
authority, published in the Federal Register (69 FR 56936) the Rough
Diamonds Control Regulations (RDCR) (31 CFR part 592) as a final rule
on September 23, 2004.
Among the requirements set forth in the RDCR is that all shipments
of rough diamonds imported into, or exported from, the United States
must be accompanied by an original Kimberley Process Certificate. See
31 CFR 592.301(a)(1).The RDCR also requires, pursuant to 31 CFR
592.502, that all importers and exporters of rough diamonds file an
annual report with the U.S. Department of State regarding their import
and/or export activity and stockpile information.
The U.S. Census Bureau issued notices on December 12, 2005, and
April 3, 2007, respectively entitled ``Notice of Request for Faxed
Submission of Kimberley Process Certificates'' and ``Revised Notice of
Request for Faxed Submission of Kimberley Process Certificates,''
requiring importers, brokers, and parties involved in the export of
rough diamonds to immediately fax their Kimberley Process Certificates
(including voided certificates) to the U.S. Census Bureau upon
clearance of their shipments into the commerce of the United States by
CBP or upon export of their shipments from the United States, as
applicable.
Explanation of Amendments
CBP is proposing to amend the CBP regulations to set forth the
prohibitions and conditions that are applicable to the importation
into, and the exportation from, the United States of rough diamonds
pursuant to the Act, Executive Order 13312, and the RDCR. This document
proposes to add a new Sec. 12.152 to 19 CFR part 12 to set forth these
prohibitions and conditions.
Because CBP (along with ICE, OFAC, and the U.S. Department of
State) is involved in the administration and enforcement of the import
and export requirements relating to rough diamonds, CBP believes that
it is appropriate and in the interests of the trading community to
restate in the CBP regulations certain of the entry, export, and
recordkeeping requirements currently set forth in the RDCR. The RDCR,
at 31 CFR 592.301, requires any person importing a shipment of rough
diamonds to have the original Kimberley Process Certificate at the time
of importation and to present it if demanded by CBP. The RDCR further
requires the ultimate consignee to retain the original Certificate for
at least five years from the date of importation and to present it to
CBP upon demand. See 31 CFR 592.301. CBP is proposing to restate these
requirements in new Sec. 12.152 and to explicitly incorporate
recordkeeping requirements that are implicitly included in the RDCR.
Because any person importing a shipment of rough diamonds is required
to have the original Certificate at the time of importation (per 31 CFR
592.301), CBP is proposing to amend the regulations to clarify that the
Kimberley Process Certificate, which accompanies each shipment, is an
entry record that must be maintained for a period of at least five
years from the date of importation. Accordingly, the importer must make
a copy of the Kimberley Process Certificate available for examination
at the request of CBP during that time period. CBP also proposes to
specifically add the Kimberley Process Certificate in its Interim
(a)(1)(A) list in section IV of the Appendix to part 163 of title 19 of
the Code of Federal Regulations (19 CFR). See 19 CFR 163.1(f), 163.3
and 163.4.
In accordance with section 5(b) of the Act, CBP is also proposing
to require any U.S. persons exporting from the United States a shipment
of rough diamonds to retain a copy of the Kimberley Process Certificate
accompanying each shipment for a period of at least five years from the
date of exportation and make the copy available for examination at the
request of CBP. See 19 U.S.C. 3904(b).
CBP believes that these recordkeeping requirements will assist it
in verifying whether importations of rough diamonds are properly
controlled by the KPCS. The legal authority for these proposed
requirements are discussed in further detail in the following
discussion of each of the paragraphs in proposed new Sec. 12.152, and
new Sec. 163.2(b), and the amendments to the Interim (a)(1)(A) list in
section IV of the Appendix to part 163.
Paragraph (a)
Paragraph (a) provides a brief summary of the KPCS, the Act,
Executive Order 13312, and the RDCR. Paragraph (a) also indicates that
persons importing into, or exporting from, the United States a shipment
of rough diamonds must comply with the requirements of CBP, OFAC, and
the U.S. Census Bureau.
Paragraph (b)
Paragraph (b) sets forth certain definitions of terms derived from
19 U.S.C. 3902, section 3 of the Act, Annex I of the Kimberley Process
Certification Scheme, and subpart C of the RDCR (subpart C of 31 CFR
part 592).
Paragraph (c)
Paragraph (c) reflects the requirement in Sec. 592.301 of the RDCR
(31 CFR 592.301) that a shipment of rough diamonds imported into, or
exported from, the United States, must be accompanied by an original
Kimberley Process Certificate.
Paragraph (d)
Pursuant to the authority provided in 19 U.S.C. 1484 and
1498(a)(1)(B), paragraph (d) requires formal entry when importing a
shipment of rough diamonds.
[[Page 48920]]
Paragraph (e)
Pursuant to the authority provided in 19 U.S.C. 1484(a)(1)(A),
paragraph (e) requires brokers, importers, and filers making entry of a
shipment of rough diamonds into the United States to either submit
through CBP's 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 CBP Form 7501, Entry Summary, on each applicable line item.
Paragraph (f)
Paragraph (f)(1) reflects the requirement in 31 CFR 592.301 that
the ultimate consignee of a shipment of rough diamonds imported into
the United States must retain the original Kimberley Process
Certificate for a period of at least five years from the date of
importation and must present the certificate to CBP upon request.
Paragraph (f)(2) reflects the requirement that the U.S. person
importing into the United States a shipment of rough diamonds must
retain a copy of the Kimberley Process Certificate for a period of at
least five years from the date of importation and present the copy to
CBP upon request, pursuant to section 5(b) of the Act as well as Sec.
163.4, CBP regulations (19 CFR 163.4), which provides that (with
certain exceptions not applicable here) any record required to be made,
kept, and rendered for examination and inspection by CBP under Sec.
163.2 or any other provision of this chapter must be kept for five
years from the date of entry, if the record relates to an entry, or
five years from the date of the activity which required creation of the
record. Section 163.2 identifies importers as persons who must maintain
records and render those records for examination by CBP. The Kimberley
Process Certificate is a record required for the entry of merchandise,
within the meaning of 19 U.S.C. 1509(a)(1)(A) and 19 CFR 163.1(a).
Similarly, paragraph (f)(3) requires any U.S. person exporting a
shipment of rough diamonds from the United States to retain a copy of
the Kimberley Process Certificate for a period of at least five years
from the date of exportation and to present the copy to CBP upon
request. This provision is being proposed in accordance with section
5(b) of the Act.
The requirements set forth in paragraphs (f)(2) and (3) are further
supported by Sec. Sec. 501.601 and 592.501 of the OFAC regulations (31
CFR 501.601 and 592.501), which provide, in pertinent part, that every
person engaging in any transaction subject to the RDCR and other
provisions of 31 CFR chapter V shall keep a full and accurate record of
each such transaction engaged in, and such record shall be available
for examination for at least five years after the date of such
transaction.
In addition, CBP is proposing to amend part 163 by adding to Sec.
163.2(c) a paragraph stating that any U.S. person exporting from the
United States any rough diamonds must retain a copy of the Kimberley
Process Certificate accompanying each shipment for a period of at least
five years from the date of exportation. Section 163.2(c) would also
state that failure to retain such records for at least five years may
subject the exporter to penalties under 19 U.S.C. 3907.
CBP is also proposing to amend the Interim (a)(1)(A) list in
Section IV of the Appendix to part 163 of 19 CFR to add the Kimberley
Process Certificate to the list of documents that are required for the
entry of special categories of merchandise. Finally, this document
proposes to amend the list of control numbers assigned to information
collections by the Office of Management and Budget (OMB) (pursuant to
the Paperwork Reduction Act), which are set forth in 19 CFR 178.2, to
add the information collections used by CBP to determine whether
importations of rough diamonds are properly controlled by the KPCS.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a ``significant regulatory action,''
under section 3(f) of Executive Order 12866. Accordingly, OMB has not
reviewed this regulation.
The proposed rule seeks to increase CBP's ability to verify whether
importations or exportations of rough diamonds are in compliance with
the KPCS. OFAC published the RDCR (31 CFR part 592) requiring the
ultimate consignee to retain the original of the Kimberley Process
Certificate. The proposed amendments clarify that any U.S. person
exporting from or importing into the United States a shipment of rough
diamonds must retain a copy of the Kimberley Process Certificate for a
period of five years and make this copy available for inspection at the
request of CBP or face penalties pursuant to 19 U.S.C. 1509 or 3907.
CBP believes the costs of retaining a copy of the Kimberley Process
Certificate for five years and producing the copy to CBP upon request
to be negligible.
Regulatory Flexibility Act
This section examines the impact of the rule on small entities as
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement and Fairness Act
of 1996. A small entity may be a small business (defined as any
independently owned and operated business not dominant in its field
that qualifies as a small business per the Small Business Act); a small
not-for-profit organization; or a small governmental jurisdiction
(locality with fewer than 50,000 people).
The proposed rule seeks to increase CBP's ability to verify whether
importations or exportations of rough diamonds are in compliance with
the KPCS. OFAC published the RDCR (31 CFR part 592) requiring the
ultimate consignee to retain the original of the Kimberley Process
Certificate, but not requiring this of the importer or the exporter.
The proposed amendments clarify that any U.S. person exporting from or
importing into the United States a shipment of rough diamonds must
retain a copy of the Kimberley Process Certificate for a period of five
years and make this copy available for inspection at the request of CBP
or face penalties pursuant to 19 U.S.C. 1509 or 3907. Given that this
rule will impose a penalty only for noncompliance, it is not feasible
to estimate the number of small entities which could be affected by
this rule. CBP does not believe any additional professional expertise
will be required to adhere to this requirement, as the Kimberley
Process Certificate will only need to be stored and presented for
examination upon request of CBP. CBP believes the costs of retaining a
copy of the Kimberley Process Certificate for five years and providing
the copy to CBP upon request to be negligible. Due to these low
compliance costs, CBP subject matter experts believe this regulation
will neither increase non-compliance nor result in a substantial number
of small entities receiving penalties. CBP did not consider
alternatives to the proposed rule for small entities because it does
not impose any significant additional operational or labor costs on
small
[[Page 48921]]
entities for compliance. CBP is unaware of any other federal rules
which conflict with the requirements of the proposed rule.
Because the penalty for noncompliance may be greater than $500 (in
1980 dollars), constituting a significant impact for a small entity,
the economic impact of noncompliance with this would be considered
significant. However, as discussed above CBP subject matter experts do
not believe this rule will increase noncompliance with the KPCS for
small entities. Thus, CBP does not believe this rule will have a
significant impact on a substantial number of small entities. CBP
welcomes any comments regarding this assessment. If CBP does not
receive any comments contradicting this finding, CBP will certify that
this rule will not have a significant economic impact on a substantial
number of small entities at the final rule stage.
Paperwork Reduction Act
Under the Paperwork Reduction Act, an agency may not conduct or
sponsor, and an individual is not required to respond to, a collection
of information unless it displays a valid OMB control number. The
collections of information contained in these regulations are provided
for by OMB control number 1505-0198, to cover the requirements
concerning CBP Form 7501, and by OMB control number 1651-0076, to cover
the recordkeeping requirement.
Signing Authority
This document is being issued in accordance with Sec. 0.1(a)(1) of
the CBP Regulations (19 CFR 0.1(a)(1)) pertaining to the authority of
the Secretary of the Treasury (or his/her delegate) to approve
regulations related to certain customs revenue functions.
List of Subjects
19 CFR Part 12
Customs duties and inspection, Economic sanctions, Entry of
merchandise, Foreign assets control, Exports, Imports, Prohibited
merchandise, Reporting and recordkeeping requirements, Restricted
merchandise, Sanctions.
19 CFR Part 163
Administrative practice and procedure, Customs duties and
inspection, Exports, Imports, Penalties, Reporting and recordkeeping
requirements.
19 CFR Part 178
Administrative practice and procedure, Imports, Reporting and
recordkeeping requirement.
Proposed Amendments to the CBP Regulations
For the reasons set forth above, parts 12, 163, and 178 of title 19
of the Code of Federal Regulations (19 CFR parts 12, 163, and 178) are
proposed to be amended as set forth below.
PART 12--SPECIAL CLASSES OF MERCHANDISE
1. The general authority citation for part 12, CBP regulations,
continues to read, and a new specific authority citation for Sec.
12.152 is added to read, as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States (HTSUS)), 1624.
* * * * *
Section 12.152 also issued under 19 U.S.C. 1484, 1498; the Clean
Diamond Trade Act (Pub. L. 108-19, 117 Stat. 631 (19 U.S.C. 3901 et
seq.)); Executive Order 13312 dated July 29, 2003.
2. In part 12, a new Sec. 12.152 is added to read as follows:
Sec. 12.152 Prohibitions and conditions on the importation and
exportation of rough diamonds.
(a) General. The Clean Diamond Trade Act (Pub. L. 108-19) requires
the President, subject to certain waiver authorities, to prohibit the
importation into, or exportation from, the United States, of any rough
diamond, from whatever source, that has not been controlled through the
Kimberley Process Certification Scheme. By Executive Order 13312 dated
July 29, 2003, published in the Federal Register (68 FR 45151) on July
31, 2003, the President implemented the Clean Diamond Trade Act,
effective for rough diamonds imported into, or exported from, the
United States on or after July 30, 2003. Pursuant to Executive Order
13312, the Office of Foreign Assets Control (OFAC), Department of the
Treasury, promulgated the Rough Diamonds Control Regulations (see 31
CFR part 592). Any persons importing into or exporting from the United
States a shipment of rough diamonds must comply with the requirements
of CBP, OFAC, and the U.S. Census Bureau (15 CFR part 30).
(b) Definitions. For purposes of this section, the following
definitions apply:
(1) Controlled through the Kimberley Process Certification Scheme.
``Controlled through the Kimberley Process Certification Scheme'' means
meeting the requirements set forth in 31 CFR 592.301;
(2) Kimberley Process Certificate. ``Kimberley Process
Certificate'' means a forgery resistant document that meets the minimum
requirements listed in Annex I of the Kimberley Process Certification
Scheme, as well as the requirements listed in 31 CFR 592.307;
(3) Rough diamond. ``Rough diamond'' means any diamond that is
unworked or simply sawn, cleaved, or bruted and classifiable under
subheading 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff
Schedule of the United States;
(4) United States. ``United States'', when used in the geographic
sense, means the several states, the District of Columbia, and any
commonwealth, territory, or possession of the United States; and
(5) United States person. ``United States person'' means:
(i) Any United States citizen or any alien admitted for permanent
residence into the United States;
(ii) Any entity organized under the laws of the United States or
any jurisdiction within the United States (including its foreign
branches); and
(iii) Any person in the United States.
(c) Original 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.
(d) Formal Entry Required. Formal entry is required when importing
a shipment of rough diamonds. Formal entry procedures are prescribed in
part 142 of this chapter.
(e) Report of Kimberley Process Certificate Unique Identifying
Number. Customs brokers, importers, and filers making entry of a
shipment of rough diamonds must either submit through CBP's 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 CBP Form 7501, Entry
Summary, on each applicable line item.
(f) Maintenance of Kimberley Process Certificate. (1) Ultimate
consignee. The ultimate consignee identified on the CBP Form 7501,
Entry Summary, or its electronic equivalent filed with CBP 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 the certificate
available for examination at the request of CBP.
(2) Importer. The U.S. person that importsinto the United States a
shipment of rough diamonds must retain a copy of the Kimberley Process
Certificate accompanying the shipment for a period of at least five
years from
[[Page 48922]]
the date of importation and must make the copy available for
examination at the request of CBP.
(3) Exporter. The U.S. person that exports from the United States a
shipment of rough diamonds must retain a copy of the Kimberley Process
Certificate accompanying the shipment for a period of at least five
years from the date of exportation and must make the copy available for
examination at the request of CBP.
PART 163--RECORDKEEPING
3. The specific authority citation for part 163 is revised and the
general authority citation continues to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1484, 1508, 1509, 1510,
1624.
Section 163.2 also issued under 19 U.S.C. 3904, 3907.* * * * *
4. Section 163.2(c) is revised to read as follows:
Sec. 163.2 Persons required to maintain records.
* * * * *
(c) Recordkeeping required for certain exporters. (1) NAFTA. Any
person who exports goods to Canada or Mexico for which a Certificate of
Origin was completed and signed pursuant to the North American Free
Trade Agreement must also maintain records in accordance with part 181
of this chapter.
(2) Kimberley Process Certification Scheme. Any U.S. person (see
definition in Sec. 12.152(b)(5)) who exports from the United States
any rough diamonds must retain a copy of the Kimberley Process
Certificate accompanying each shipment for a period of at least five
years from the date of exportation. See 19 CFR 12.152(f)(3). Any U.S.
person who exports from the United States any rough diamonds and does
not keep records in this time frame may be subject to penalties under
19 U.S.C. 3907.
5. The Appendix to part 163 is amended by adding a new listing
under Sec. IV in numerical order to read as follows:
Appendix to Part 163--Interim (a)(1)(A) List
* * * * *
IV. * * *
Sec. 12.152 Kimberley Process Certificate for rough diamonds.
* * * * *
PART 178--APPROVAL OF INFORMATION COLLECTION REQUIREMENTS
6. The authority citation for part 178 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 1624, 44 U.S.C. 3501 et seq.
7. Section 178.2 is amended by adding a new listing to the table in
numerical order to read as follows:
Sec. 178.2 Listing of OMB control numbers.
------------------------------------------------------------------------
19 CFR Section Description OMB Control No.
------------------------------------------------------------------------
* * * * * * *
Sec. 12.152................. Certificate and 1505-0198 and
recordkeeping 1651-0076.
requirements for the
entry of rough
diamonds.
* * * * * * *
------------------------------------------------------------------------
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
Approved: August 10, 2012,
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury,
[FR Doc. 2012-20001 Filed 8-14-12; 8:45 am]
BILLING CODE 9111-14-P