ExecutiveOrdersEO
Proc 8294ProclamationG.W. Bush · R Quiet signal

Proclamation 8294

To Implement Amendments to the Burmese Freedom and Democracy Act of 2003

This proclamation implements the JADE Act by prohibiting U.S. importation of Burmese jadeite and rubies (and jewelry containing them) starting September 27, 2008, and imposing certification conditions on imports of these gems from other countries. It delegates implementation authority to the Secretaries of Treasury, Homeland Security, and State, and the U.S. Trade Representative, and modifies the Harmonized Tariff Schedule accordingly.

Federal Register Open PDF 73 FR 57223

Impact dates

  1. Secretary of State report to Congress on WTO waiver, UN resolution, and international negotiation efforts

  2. Import prohibition on Burmese covered articles and certification conditions on non-Burmese covered articles take effect

Key directives

  • Prohibit importation of Burmese jadeite, rubies, and jewelry containing them effective September 27, 2008
  • Impose certification conditions on non-Burmese covered articles effective September 27, 2008
  • Modify HTS chapter 71 with additional U.S. Note
  • Authorize Treasury and DHS to issue regulations, licenses, orders, and conduct investigations
  • Authorize Treasury to waive conditions for countries implementing anti-trade measures
  • Authorize USTR to seek WTO Council for Trade in Goods waiver
  • Authorize Secretary of State to seek UN General Assembly resolution
  • Authorize Secretary of State to report to Congress by January 26, 2009
  • Authorize Secretary of State to perform national interest waiver functions

Who is ordered

Timeline

Immediate

  • Import prohibition on Burmese covered articles effective September 27, 2008
  • Certification conditions on non-Burmese covered articles effective September 27, 2008
  • HTS modification via additional U.S. Note to chapter 71

Near term (90d)

  • Secretary of State report to Congress due by January 26, 2009 on WTO waiver, UN resolution, and international negotiation efforts

Long term

  • Trade restrictions remain until President certifies Burma has met democracy/human rights conditions
  • Potential WTO waiver sought
  • Potential UN General Assembly resolution sought

Risks & tensions

  • Potential WTO compliance tension given mandatory waiver-seeking provision
  • Enforcement challenges in verifying origin of gemstones (document does not specify certification mechanism details)
  • Possible supply chain disruption for U.S. jewelry industry
  • Burma/Myanmar conditionality for lifting creates open-ended duration uncertainty
Proclamation 8294: To Implement Amendments to the Burmese Freedom and Democracy Act of 2003 · Executive Orders