On April 24, 2018, the Bureau of the Census published in the Federal Register a final rule [Docket Number: 140905758-8166-02] amending its Foreign Trade Regulations (FTR; (15 C.F.R. part 30) to clarify that the data collected from the Kimberley Process Certificates (KPCs) are not collected under Title 13, United States Code (U.S.C.) but rather are collected in compliance with the Clean Diamond Trade Act (CDTA) (Pub. L. 108-19, 19 U.S.C. 3901, et seq.) and Executive Order 13312. In addition, this rule clarifies the submission requirements and permissible uses of the KPCs. The CDTA and Executive Order 13312 require that the importation into, and exportation from, the United States of any rough diamonds be controlled through the Kimberley Process Certification Scheme (KPCS). The KPCS calls on Participants (i.e., governments participating in the KPCS), including the United States, to ensure that any shipment of rough diamonds exported to, or imported from, the territory of a Participant be accompanied by a valid KPC, and maintain and publish statistics on the importation and exportation of rough diamonds. The CDTA further provides that the United States should produce statistics on imports and exports of rough diamonds and make these statistics available for analysis by interested parties, including other governments participating in the KPCS.

Consistent with the CDTA, Executive Order 13312, and the KPCS, the Office of Foreign Assets Control’s Rough Diamonds Control Regulations (31 C.F.R. part 592) require that an original KPC accompany all shipments of rough diamonds imported into, or exported from, the United States. The FTR requires that Participants provide an original KPC to the Census Bureau for all import and export shipments of rough diamonds. The data collected from the KPCs are separate and distinct from the statistical data collected under Title 13, U.S.C., and are not governed by the confidentiality provisions of that title.

The final rule is effective July 23, 2018.