Census Final Rule Amends FTSR to Require AES Reporting of Kimberley Process Certificate Number Effective June 15, 2005
The U.S. Census Bureau (Census) has issued a final rule, effective June 15, 2005, that amends the Foreign Trade Statistics Regulations (FTSR) to incorporate the requirement for reporting the Kimberley Process Certificate (KPC) number for exports/reexports of rough diamonds filed through the Automated Export System (AES) in accordance with the Clean Diamond Trade Act (Public Law (P.L.) 108-19).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
(The Kimberley Process Certification Scheme (KPCS) is intended to prevent the import and export of "conflict diamonds," which are rough diamonds used by rebel movements or their allies to finance conflict aimed at undermining legitimate governments. See ITT's Online Archives or 04/16/03 and 08/01/03 news, 03041605 and 03080110, for BP summaries of P.L. 108-19 and EO 13312, which was issued to implement P.L. 108-19, respectively.)
Final Rule Amends FTSR to Include AES Reporting Requirement for KPC Number
In the preamble to its final rule, Census explains that it amended the FTSR on October 20, 2003 to incorporate the requirements for the mandatory electronic filing via AES of exports of rough diamonds. (See ITT's Online Archives or 10/23/03 news, 03102325, for BP summary of Census' final rule on mandatory AES filing.)
In this final rule, Census is amending the FTSR by adding a new paragraph (b)(22) to 15 CFR 30.63 (Information required to be reported electronically through AES (data elements)), which provides that:
The unique identifying number of the KPC issued by the U.S. Kimberley Process Authority that must accompany any export shipment of rough diamonds. Rough diamonds are classified under 6-digit Harmonized System (HS) subheadings 7102.10, 7102.21, and 7102.31. Enter the KPC number in the license number field excluding the 2-digit U.S. International Standards Organization (ISO) country code.
(Census notes that this new requirement will not affect filers of [paper] Shipper's Export Declarations (SEDs) since all exports of rough diamonds are required to be filed through AES.
In addition, Census notes that shipments of rough diamonds from the U.S. must also meet additional requirements identified in the Office of Foreign Assets Control's (OFAC's) Rough Diamonds Control Regulations (31 CFR Part 592). See ITT's Online Archives or 09/28/04 news, 04092820, for BP summary of OFAC's final rule on the KPCS, etc.)
(See ITT's Online Archives or 01/18/05 news, 05011830, for BP summary of Census' proposed rule on the requirement for reporting the KPC number through AES.)
Census Contact - C. Harvey Monk Jr. (301) 763-2255
Census Final Rule (D/N 041029301-5119-02, FR Pub 05/16/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-9629.pdf