Prohibiting Certain Imports of Burmese Jadeite and Rubies, 48791-48794 [2013-19520]

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• Executive Office of the President

[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Presidential Documents]
[Pages 48791-48794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19520]



[[Page 48791]]

Vol. 78

Friday,

No. 154

August 9, 2013

Part II





The President





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Executive Order 13651--Prohibiting Certain Imports of Burmese Jadeite 
and Rubies


                        Presidential Documents 



Federal Register / Vol. 78 , No. 154 / Friday, August 9, 2013 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 48793]]

                Executive Order 13651 of August 6, 2013

                
Prohibiting Certain Imports of Burmese Jadeite 
                and Rubies

                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.), the 
                Tom Lantos Block Burmese JADE (Junta's Anti-Democratic 
                Efforts) Act of 2008 (Public Law 110-286) (the ``JADE 
                Act''), and section 301 of title 3, United States Code, 
                and in order to take additional steps with respect to 
                the national emergency declared in Executive Order 
                13047 of May 20, 1997, as modified in scope in 
                Executive Order 13448 of October 18, 2007, and 
                Executive Order 13619 of July 11, 2012, and relied upon 
                for additional steps taken in Executive Order 13310 of 
                July 28, 2003, Executive Order 13448 of October 18, 
                2007, Executive Order 13464 of April 30, 2008, and 
                Executive Order 13619 of July 11, 2012,

                I, BARACK OBAMA, President of the United States of 
                America, hereby order:

                Section 1. (a) The importation into the United States 
                of any jadeite or rubies mined or extracted from Burma 
                and any articles of jewelry containing jadeite or 
                rubies mined or extracted from Burma is hereby 
                prohibited.

                    (b) The prohibition in subsection (a) of this 
                section applies except to the extent provided by 
                statutes, or in regulations, orders, directives, or 
                licenses that may be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted prior to the effective date 
                of this order.

                Sec. 2. I hereby amend Executive Order 13310 of July 
                28, 2003, by revoking sections 3 and 8 of that order. 
                The revocation of those provisions of Executive Order 
                13310 pursuant to this section shall not affect any 
                violation of any rules, regulations, orders, licenses, 
                or other forms of administrative action under that 
                order during the period that those provisions of that 
                order were in effect.

                Sec. 3. (a) Any transaction that evades or avoids, has 
                the purpose of evading or avoiding, causes a violation 
                of, or attempts to violate any of the prohibitions set 
                forth in this order is prohibited.

                    (b) Any conspiracy formed to violate any of the 
                prohibitions set forth in this order is prohibited.

                Sec. 4. For the purposes of this order:

                    (a) the term ``jadeite'' means any jadeite 
                classifiable under heading 7103 of the Harmonized 
                Tariff Schedule of the United States (HTS);
                    (b) the term ``rubies'' means any rubies 
                classifiable under heading 7103 of the HTS;
                    (c) the term ``articles of jewelry containing 
                jadeite or rubies'' means:

(i) any article of jewelry classifiable under heading 7113 of the HTS that 
contains jadeites or rubies; or

(ii) any article of jadeite or rubies classifiable under heading 7116 of 
the HTS;

                    (d) the term ``person'' means an individual or 
                entity;
                    (e) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization.

[[Page 48794]]

                Sec. 5. Nothing in section 1 of this order shall 
                prohibit transactions to the extent such prohibition 
                would conflict with the international obligations of 
                the United States under the Vienna Convention on 
                Diplomatic Relations, the Vienna Convention on Consular 
                Relations, the United Nations Headquarters Agreement, 
                or other legal instruments providing equivalent 
                privileges and immunities.

                Sec. 6. Nothing in section 1 of this order shall 
                prohibit the importation of any jadeite or rubies mined 
                or extracted from Burma or any articles of jewelry 
                containing jadeite or rubies mined or extracted from 
                Burma that were previously exported from the United 
                States, including those that accompanied an individual 
                outside the United States for personal use, if they are 
                reimported to the United States by the same person, 
                without having been advanced in value or improved in 
                condition by any process or other means while outside 
                the United States.

                Sec. 7. 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 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 
                consistent with applicable law. 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.

                Sec. 8. Pursuant to section 5(i) of the JADE Act, I 
                hereby determine and certify that it is in the national 
                interest of the United States to waive, and hereby 
                waive, the sanctions described in section 5(b) of the 
                JADE Act. Except as authorized or exempt, transactions 
                with persons included on the Department of the 
                Treasury's List of Specially Designated Nationals and 
                Blocked Persons continue to be prohibited pursuant to 
                IEEPA.

                Sec. 9. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

                Sec. 10. This order is effective at 12:01 a.m. eastern 
                daylight time on August 7, 2013.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 6, 2013.

[FR Doc. 2013-19520
Filed 8-8-13; 11:15 am]
Billing code 3295-F3