12 2 STA T . 2 640PUBLIC LA W 110 – 2 8 6 —J UL Y 2 9, 2008 ‘ ‘ (A)Theis s uanc e of a dr af tw ai v er decision by the C ounci l for Trade in G oods of the W orld Trade O r g ani z ation granting a waiver of the a p plicable obligations of the U nited S tates under the World Trade Organization with respect to the provisions of this section and any m easures ta k en to implement this section . ‘‘( B ) The adoption of a resolution by the United N ations General Assembly e x pressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non - Burmese covered articles to prevent the trade in Bur- mese covered articles. ‘‘(c) REQUIR E M E NTSFO R I M P ORT A TION OF NON-BURMESE CO V - ERE D ARTI CL ES. — ‘‘( 1 )IN G ENERAL.— E xcept as provided in paragraph ( 2 ) , until such time as the P resident determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3 (a)(3), beginning 60 days after the date of the enactment of the Tom L antos Block Bur- mese J A D E (Junta ’ s Anti-Democratic Efforts) Act of 200 8 , the President shall re q uire as a condition for the importation into the United States of any non-Burmese covered article that— ‘‘(A) the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures described in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles
and ‘‘(B) the importer of the non-Burmese covered article agrees— ‘‘(i) to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction related to the purchase, manu- facture, or shipment of the non-Burmese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and ‘‘(ii) to provide the information described in clause (i) within the custody or control of such person to the relevant United States authorities upon request. ‘‘(2) E X CEPTION.— ‘‘(A) IN GENERAL.—The President may waive the requirements of paragraph (1) with respect to the importa- tion of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees has imple- mented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Bur- mese covered articles. ‘‘(B) M EASURES DESCRI B ED.—The measures referred to in subparagraph (A) are the following
‘‘(i) With respect to exportation from the country of j adeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to expor- tation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined Exports.Rec or d s. P res i de n t. C erti f ic a tion. Effecti v e date.
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