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CSMS # 61912001 - Executive Order 14068 - Additional Guidance on Non-industrial Diamonds and Diamond Jewelry and Unsorted Diamonds
U.S. Customs and Border Protection sent this bulletin at 08/23/2024 03:53 PM EDT
Cargo Systems Messaging Service
CSMS # 61912001 - Executive Order 14068 - Additional Guidance on Non-industrial Diamonds and Diamond Jewelry and Unsorted Diamonds
On December 6, 2023, the G7 Leaders announced a coordinated international effort to impose phased restrictions on the importation of certain Russian diamonds, including diamonds processed in third countries. On December 22, 2023, President Biden issued Executive Order (E.O.) 14114, “Taking Additional Steps with Respect to the Russian Federation’s Harmful Activities.”
The E.O. amends E.O. 14068 issued on March 11, 2022. E.O. 14068 originally prohibited the importation of the following products of Russian Federation origin: non-industrial diamonds; fish, seafood, and preparations thereof; and alcoholic beverages.
E.O. 14114 amends E.O. 14068 by addressing situations where Russian origin diamonds as well as fish, seafood, and preparations thereof, underwent substantial transformation outside of the Russian Federation. The E.O. 14114 prohibits importation of these products if they were mined, extracted, produced, or manufactured wholly or in part in the Russian Federation regardless of whether such products have been incorporated or substantially transformed into another product with a country of origin that is not the Russian Federation.
On February 8, 2024, OFAC issued two determinations, “Prohibitions Related to Imports of Certain Categories of Diamonds” pursuant to E.O. 14068 and “Prohibitions Related to Imports of Diamond Jewelry and Unsorted Diamonds of Russian Federation Origin and Diamond Jewelry and Unsorted Diamonds Exported From the Russian Federation” pursuant to E.O. 14068. The determinations went into effect on March 1, 2024, and September 1, 2024, and can be found at https://ofac.treasury.gov/recent-actions/20240208 .
On August 23, 2024, OFAC issued two general licenses (GLs), GL 103 and GL 104, authorizing certain transactions with respect to certain diamonds and diamond jewelry that would otherwise be prohibited by E.O. 14068. The general licenses can be found at: https://ofac.treasury.gov/recent-actions/20240823 .
GL 103 authorizes transactions related to imports of certain diamond jewelry prohibited by E.O. 14068, if that jewelry was physically located outside of the Russian Federation prior to March 1, 2024, and not exported or reexported from the Russian Federation on or after March 1, 2024.
GL 104 authorizes transactions related to imports of certain diamonds prohibited by E.O. 14068 through 12:01 a.m. eastern daylight time, September 1, 2025, provided that the diamonds were physically located outside of the Russian Federation before, and were not exported or re-exported from the Russian Federation since: (1) March 1, 2024, for non-industrial diamonds with a weight of 1.0 carat or greater; or (2) September 1, 2024, for non-industrial diamonds with a weight of 0.5 carats or greater.
Neither GL 103 nor GL 104 authorizes any transactions otherwise prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR), including transactions involving any person blocked pursuant to the RuHSR, unless separately authorized.
CBP began requiring certification on March 1, 2024, when the determinations took effect.
Filing Requirements
All entry and certified from summary transactions as well as goods admitted into a Foreign Trade Zone (FTZ) that include the affected commodities will require a self-certification statement to be uploaded to the Automated Commercial Environment (ACE) Document Image System (DIS).
CBP as the Agency Code;
Other as the Official Document Name/Description;
Other as the Document Type;
Other as the Document Label Code;
CBP03 as the DocCode.
The self-certification must meet the following criteria:
Be provided on official company/personal letterhead in PDF format.
Contain the statement:
For non-industrial diamonds with a weight of 1.0 carat or greater :
“I certify that the non-industrial diamonds in this shipment were not mined, extracted, produced, or manufactured wholly or in part in the Russian Federation, notwithstanding whether such diamonds have been substantially transformed into other products outside of the Russian Federation.”
Or
“I certify that the non-industrial diamonds in this shipment qualify for General License 104, because the diamonds were physically located outside of the Russian Federation before March 1, 2024, and were not exported or re-exported from the Russian Federation since March 1, 2024.”
For diamond jewelry and unsorted diamonds :
“I certify that the diamond jewelry and unsorted diamonds in this shipment are not of Russian Federation origin and were not exported from the Russian Federation.”
Or
“I certify that the diamond jewelry in this shipment qualifies for General License 103 and that it was physically located outside of the Russian Federation prior to March 1, 2024, and not exported or reexported from the Russian Federation on or after March 1, 2024.”
For non-industrial diamonds with a weight of 0.5 carat or greater, effective September 1, 2024 :
“I certify that the non-industrial diamonds in this shipment were not mined, extracted, produced, or manufactured wholly or in part in the Russian Federation, notwithstanding whether such diamonds have been substantially transformed into other products outside of the Russian Federation.”
Or
“I certify that the non-industrial diamonds in this shipment qualify for General License 104, because the diamonds were physically located outside of the Russian Federation before March 1, 2024, and were not exported or re-exported from the Russian Federation since March 1, 2024.”
Only one self-certification document will be required per Entry, Entry Summary, or FTZ admission.
CBP will be issuing additional filing requirements under the EO once the necessary ACE enhancements are deployed. These requirements will be communicated via subsequent CSMS message.
Current DIS Implementation Guide: https://www.cbp.gov/document/guidance/ace-dis-implementation-guide .
OFAC determinations: https://ofac.treasury.gov/recent-actions/20240208 .
OFAC list of HTSUS subheadings: https://ofac.treasury.gov/faqs/added/2024-02-23 .
Questions concerning this issue can be addressed to the Office of Trade at KPmailbox@CBP.DHS.GOV .
Related messages: CSMS 51289217, 51289159, 51260049, 59635420
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