Recent OFAC Actions
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Executive Order of
May 23, 2001
Prohibiting the Importation of Rough
Diamonds From Liberia
The President has issued the following
Executive Order prohibiting the importation
of rough diamonds from Liberia no matter what
their origin. OFAC has created a brochure on
Liberia and has also updated its brochure on
Sierra Leone and its industry overviews for
the Financial Community and for Exporters
& Importers to incorporate the new
Executive Order.
"By the authority vested in me as
President by the Constitution and the laws of
the United States of America, including the
International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601
et seq.), section 5 of the United
Nations Participation Act of 1945, as amended
(22 U.S.C. 287c) (UNPA), and section 301 of
title 3, United States Code, and in view of
the national emergency described and declared
in Executive Order 13194 of January 18, 2001,
and United Nations Security Council
Resolutions 1306 of July 5, 2000, and 1343 of
March 7, 2001,
I, GEORGE W. BUSH, President of the United
States of America, take note that in
Executive Order 13194, the President
responded to, among other things, the
insurgent Revolutionary United Front's (RUF)
illicit trade in diamonds to fund its
operations in the civil war in Sierra Leone
by declaring a national emergency and,
consistent with United Nations Security
Council Resolution 1306, by prohibiting the
importation into the United States of all
rough diamonds from Sierra Leone except for
those importations controlled through the
Certificate of Origin regime of the
Government of Sierra Leone. United Nations
Security Council Resolution 1343 takes note
that the bulk of RUF diamonds leaves Sierra
Leone through Liberia and that such illicit
trade cannot be conducted without the
permission and involvement of Liberian
government officials at the highest levels;
determines that the active support provided
by the Government of Liberia for the RUF and
other armed rebel groups in neighboring
countries constitutes a threat to
international peace and security in the
region; and decides that all states shall
take the necessary measures to prevent the
importation of all rough diamonds from
Liberia, whether or not such diamonds
originated in Liberia. The Government of
Liberia's complicity in the RUF's illicit
trade in diamonds and its other forms of
support for the RUF are direct challenges to
United States foreign policy objectives in
the region as well as to the rule_based
international order that is crucial to the
peace and prosperity of the United States.
Therefore, I find these actions by the
Government of Liberia contribute to the
unusual and extraordinary threat to the
foreign policy of the United States described
in Executive Order 13194 with respect to
which the President declared a national
emergency. In order to deal with that threat
and to ensure further that the direct or
indirect importation into the United States
of rough diamonds from Sierra Leone will not
contribute financial support to further
aggressive actions by the RUF or to
the RUF's procurement of weapons; to
implement United Nations Security Council
Resolution 1343; and to counteract, among
other things, the Government of Liberia's
facilitation of and participation in the
RUF's illicit trade in diamonds
through Liberia, I hereby order the following
additional measures be taken with respect to
prohibiting the importation of rough diamonds
from Sierra Leone:
Section 1. Except to the extent provided
in regulations, orders, directives, or
licenses issued pursuant to this order, and
notwithstanding the existence of any rights
or obligations conferred or imposed by any
international agreement or any contract
entered into or any license or permit granted
prior to the effective date of this order,
the direct or indirect importation into the
United States of all rough diamonds from
Liberia, whether or not such diamonds
originated in Liberia, on or after the
effective date of this order is
prohibited.
Sec. 2. Any transaction by a United States
person or within the United States that
evades or avoids, or has the purpose of
evading or avoiding, or attempts to violate,
any of the prohibitions set forth in this
order is prohibited. Any conspiracy formed to
violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. The definitions contained in
section 4 of Executive Order 13194 apply to
the terms used in this order.
Sec. 4. The Secretary of the Treasury, in
consultation with the Secretary of State, is
hereby authorized to take such actions,
including the promulgation of rules and
regulations, and to employ all powers granted
to the President by IEEPA and UNPA, as may be
necessary to carry out the purposes of this
order. The Secretary of the Treasury may
redelegate any of these functions to other
officers and agencies of the United States
Government All agencies of the United States
Government are hereby directed to take all
appropriate measures within their authority
to carry out the provisions of this order,
including modification, suspension, or
termination of licenses or authorizations in
effect as of the date of this order.
Sec. 5. This order is not intended to
create, nor does it create, any right,
benefit, or privilege, substantive or
procedural, enforceable at law by a party
against the United States, its agencies,
officers, or any other person.
Sec. 6. (a) This order is effective at
12:01 a.m. Eastern Daylight Time on May 23,
2001.
(b) This order shall be transmitted to the
Congress and published in the Federal
Register."
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