United States Statutes at Large, Volume 122, 110th Congress, 2nd Session

[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8294--SEPT. 26, 2008

Proclamation 8294 of September 26, 2008
To Implement Amendments to the Burmese Freedom and Democracy Act of 2003
By the President of the United States of America
A Proclamation
1. Section 3A(b)(1) of the Burmese Freedom and Democracy Act of 2003
(Public Law 108-61) (the ``Burmese Freedom and Democracy Act''), as
amended by section 6(a) of the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (the ``JADE
Act''), directs the President to prohibit the importation of jadeite and
rubies mined or extracted from Burma, as well as the importation of
articles of jewelry containing jadeite and rubies mined or extracted
from Burma (Burmese covered articles), until such time as the President
determines and certifies to the appropriate congressional committees
that Burma has met the conditions described in section 3(a)(3) of the
Burmese Freedom and Democracy Act.
2. Sections 3A(c)(1) and 3A(c)(2) of the Burmese Freedom and Democracy
Act, as amended, set forth certain conditions for the importation of
jadeite and rubies mined or extracted from countries other than Burma,
as well as for the importation of articles of jewelry containing jadeite
and rubies mined or extracted from countries other than Burma (non-
Burmese covered articles).
3. Section 3A(c)(2) of the Act, as amended, also permits the President
to waive the conditions for importation set forth in section 3A(c)(1) of
non-Burmese covered articles from any country with respect to which the
President determines and certifies to the appropriate congressional
committees that the country has implemented certain measures to prevent
the trade in Burmese covered articles. 4. In order to implement the
prohibitions on the importation of Burmese covered articles and the
conditions for importation of non-Burmese covered articles set forth in
sections 3A(b)(1), 3A(c)(1), and 3A(c)(2) of the Burmese Free

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dom and Democracy Act, as amended, it is necessary to modify the
Harmonized Tariff Schedule of the United States (HTS) to include an
additional U.S. Note to chapter 71.
5. Section 604 of the Trade Act of 1974, as amended (the ``1974 Act'')
(19 U.S.C. 2483), authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, or other acts affecting
import treatment, and of actions taken thereunder, including the
removal, modification, continuance, or imposition of any rate of duty or
other import restriction.
6. Sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy
Act, as amended, authorize the President to issue such proclamations,
regulations, licenses, and orders, and conduct such investigations, as
may be necessary to implement the prohibition on Burmese covered
articles set forth in section 3A(b)(1) of that Act and the conditions
for importation of non-Burmese covered articles set forth in sections
3A(c)(1) and 3A(c)(2) of that Act.
7. I have determined that it is appropriate to authorize the Secretary
of the Treasury and the Secretary of Homeland Security, pursuant to
sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act,
as amended, to issue regulations, licenses, and orders, and conduct such
investigations as may be necessary, to implement the prohibition on
importation of Burmese covered articles set forth in section 3A(b)(1) of
that Act and the conditions for importation of non-Burmese covered
articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. I
further determine that it is appropriate to authorize the Secretary of
the Treasury and the Secretary of Homeland Security to redelegate, as
necessary, any of these functions to other officers and agencies of the
United States Government consistent with applicable law.
8. I have determined that it is appropriate to authorize the Secretary
of the Treasury, in consultation with the Secretary of State, to perform
the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom
and Democracy Act, as amended, relating to the issuance waivers of the
conditions for importation set forth in section 3A(c)(1) of non-Burmese
covered articles from any country that has implemented certain measures
to prevent the trade in Burmese covered articles. I further determine
that it is appropriate to authorize the Secretary of the Treasury to
redelegate, as necessary, any of these functions to other officers and
agencies of the United States Government consistent with applicable law.
9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as
amended, directs the President to take all appropriate actions to seek
issuance of a draft waiver decision by the Council for Trade in Goods of
the World Trade Organization (WTO) granting a waiver of the applicable
WTO obligations with respect to the provisions of section 3A of the
Burmese Freedom and Democracy Act, as amended, and any measures taken to
implement it.
10. I have determined that it is appropriate to authorize the United
States Trade Representative to perform the functions specified in
section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as
amended.
11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as
amended, directs the President to take all appropriate actions to

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seek the adoption of a resolution by the United Nations General Assembly
expressing the need to address trade in Burmese covered articles and
calling for the creation and implementation of a workable certification
scheme for non-Burmese covered articles to prevent the trade in Burmese
covered articles.
12. I have determined that it is appropriate to authorize the Secretary
of State to perform the functions specified in section 3A(b)(3)(B) of
the Burmese Freedom and Democracy Act, as amended.
13. Section 3A(g) of the Burmese Freedom and Democracy Act, as amended,
directs the President to, not later than January 26, 2009, transmit to
the appropriate congressional committees a report describing what
actions the United States has taken during the 60-day period beginning
on the date of the enactment of the JADE Act to seek (i) the issuance of
a draft waiver decision by the Council for Trade in Goods of the WTO, as
specified in section 3A(b)(3)(A) of the Burmese Freedom and Democracy
Act, as amended; (ii) the adoption of a resolution by the United Nations
General Assembly, as specified in section 3A(b)(3)(B) of that Act; and
(iii) the negotiation of an international arrangement, as specified in
section 3A(f)(1) of that Act.
14. I have determined that it is appropriate to authorize the Secretary
of State, in consultation with the United States Trade Representative,
to perform the functions specified in section 3A(g) of the Burmese
Freedom and Democracy Act, as amended.
15. Under section 3(b) of the Burmese Freedom and Democracy Act, as
amended by section 6(c) of the JADE Act, the President may waive the
restrictions described above if the President determines and notifies
the Committees on Appropriations, Finance, and Foreign Relations of the
Senate and the Committees on Appropriations, Foreign Affairs, and Ways
and Means of the House of Representatives that to do so is in the
national interest of the United States.
16. I have determined that it is appropriate to authorize the Secretary
of State to perform the functions and authorities specified in section
3(b) of the Burmese Freedom and Democracy Act, as amended.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including sections 3 and 3A of
the Burmese Freedom and Democracy Act, as amended by section 6 of the
JADE Act, section 604 of the 1974 Act, and section 301 of title 3,
United States Code, do proclaim that:
(1) In order to implement the prohibition on the importation of Burmese
covered articles and the conditions for the importation of non-Burmese
covered articles provided for in sections 3A(b)(1) and 3A(c)(1) of the
Burmese Freedom and Democracy Act, as amended, an additional U.S. Note
as set forth in the Annex to this proclamation is included in chapter 71
of the HTS.
(2) Beginning on September 27, 2008, the importation into the United
States of any Burmese covered article shall be prohibited, except as
provided for (i) in section 3A(d) of the Burmese Freedom and Democracy
Act, as amended; (ii) in regulations, orders, directives, or licenses
that may be issued pursuant to this proclamation and section 3A(b)(2) of
the Burmese Freedom and Democracy Act, as amended; or (iii) by

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122 STAT. 5356

waiver issued pursuant to section 3(b) of the Burmese Freedom and
Democracy Act, as amended.
(3) Beginning on September 27, 2008, as a condition for the importation
into the United States of any non-Burmese covered article, the importer
and exporter of such article must meet the conditions set forth in
section 3A(c)(1) of the Burmese Freedom and Democracy Act, as amended,
except as provided for (i) in section 3A(d) of that Act; (ii) in
regulations, orders, directives, or licenses issued pursuant to this
proclamation and section 3A(c)(3) of the Burmese Freedom and Democracy
Act, as amended; or (iii) by waiver issued pursuant to either section
3(b) or section 3A(c)(2) of the Burmese Freedom and Democracy Act, as
amended.
(4) The Secretary of the Treasury and the Secretary of Homeland Security
are hereby authorized, pursuant to sections 3A(b)(2) and 3A(c)(3) of the
Burmese Freedom and Democracy Act, as amended, to issue regulations,
licenses, and orders, and conduct such investigations as may be
necessary, to implement the prohibition on Burmese covered articles set
forth in section 3A(b)(1) of that Act and the conditions for importation
of non-Burmese covered articles set forth in sections 3A(c)(1) and
3A(c)(2) of that Act. The Secretary of the Treasury and the Secretary of
Homeland Security are further authorized to redelegate, as necessary,
any of these functions to other officers and agencies of the United
States Government consistent with applicable law.
(5) The Secretary of the Treasury, in consultation with the Secretary of
State, is hereby authorized to perform the functions set forth in
section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as
amended, relating to the issuance of waivers of the conditions for
importation set forth in section 3A(c)(1) of non-Burmese covered
articles from any country that has implemented certain measures to
prevent the trade in Burmese covered articles. The Secretary of the
Treasury may redelegate any of these functions to other officers and
agencies of the United States Government consistent with applicable law.
(6) The United States Trade Representative is hereby authorized to
perform the functions specified in section 3A(b)(3)(A) of the Burmese
Freedom and Democracy Act, as amended.
(7) The Secretary of State is hereby authorized to perform the functions
specified in section 3A(b)(3)(B) of the Burmese Freedom and Democracy
Act, as amended.
(8) The Secretary of State is hereby authorized, in consultation with
the United States Trade Representative, to perform the functions
specified in section 3A(g) of the Burmese Freedom and Democracy Act, as
amended.
(9) The Secretary of State is hereby authorized to perform the functions
specified in section 3(b) of the Burmese Freedom and Democracy Act, as
amended.
(10) Any provisions of previous proclamations and Executive Orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
September, in the year of our Lord two thousand eight,

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and of the Independence of the United States of America the two hundred
and thirty-third.
GEORGE W. BUSH

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GRAPHIC TIF61 TD01OC08.013