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U.S. Code as of:
01/19/04
Section 3902. Definitions
In this chapter:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means the
Committee on Ways and Means and the Committee on International
Relations of the House of Representatives, and the Committee on
Finance and the Committee on Foreign Relations of the Senate.
(2) Controlled through the Kimberley Process Certification Scheme
An importation or exportation of rough diamonds is "controlled
through the Kimberley Process Certification Scheme" if it is an
importation from the territory of a Participant or exportation to
the territory of a Participant of rough diamonds that is -
(A) carried out in accordance with the Kimberley Process
Certification Scheme, as set forth in regulations promulgated
by the President; or
(B) controlled under a system determined by the President to
meet substantially the standards, practices, and procedures of
the Kimberley Process Certification Scheme.
(3) Exporting authority
The term "exporting authority" means 1 or more entities
designated by a Participant from whose territory a shipment of
rough diamonds is being exported as having the authority to
validate the Kimberley Process Certificate.
(4) Importing authority
The term "importing authority" means 1 or more entities
designated by a Participant into whose territory a shipment of
rough diamonds is imported as having the authority to enforce the
laws and regulations of the Participant regulating imports,
including the verification of the Kimberley Process Certificate
accompanying the shipment.
(5) Kimberley Process Certificate
The term "Kimberley Process Certificate" means a forgery
resistant document of a Participant that demonstrates that an
importation or exportation of rough diamonds has been controlled
through the Kimberley Process Certification Scheme and contains
the minimum elements set forth in Annex I to the Kimberley
Process Certification Scheme.
(6) Kimberley Process Certification Scheme
The term "Kimberley Process Certification Scheme" means those
standards, practices, and procedures of the international
certification scheme for rough diamonds presented in the document
entitled "Kimberley Process Certification Scheme" referred to in
the Interlaken Declaration on the Kimberley Process Certification
Scheme for Rough Diamonds of November 5, 2002.
(7) Participant
The term "Participant" means a state, customs territory, or
regional economic integration organization identified by the
Secretary of State.
(8) Person
The term "person" means an individual or entity.
(9) Rough diamond
The term "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.
(10) United States
The term "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.
(11) United States person
The term "United States person" means -
(A) any United States citizen or any alien admitted for
permanent residence into the United States;
(B) any entity organized under the laws of the United States
or any jurisdiction within the United States (including its
foreign branches); and
(C) any person in the United States.
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