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Diamonds and Conflict: Background, Policy, and Legislation (CRS Report for Congress)

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Release Date Revised July 16, 2003
Report Number RL30751
Report Type Report
Authors Nancy Cook, Foreign Affairs, Defense, and Trade Division
Source Agency Congressional Research Service
Older Revisions
  • Premium   Jan. 16, 2001 (33 pages, $24.95) add
Summary:

In several diamond-rich countries affected by armed conflict, notably in Africa, belligerents have funded their military activities by mining and selling diamonds, and competition over the use and control of diamond wealth has contributed significantly to the depth and extended duration of these conflicts. Diamonds used in this fashion, labeled "conflict diamonds," were estimated to have comprised an estimated 3.7 % to 15% of the value of the global diamond trade in 2000. The present volume of such trade appears is difficult to estimate. Several diamond-related conflicts have ended, but others have burgeoned. Policy makers' attention has also increasingly focused on the possible role that diamonds may play in the financing of terrorist operations. In response to public pressure to halt trade in conflict diamonds, and due to the persistence of several diamond-related conflicts, governments and multilateral organizations have pursued efforts to end such trade. Several international policy forums, national legislatures, and diverse private parties have proposed various reforms and legislation to achieve such goals. Effective regulation of the diamond trade is difficult. Diamonds are a highly fungible, concentrated form of wealth, and the global diamond industry is historically insular and self-regulating. The illicit diamond trade exploits these factors. Proposals to end illicit trading generally center on legally identifying the origin of diamonds and requiring the registration, identification, and monitoring of cross-border trade in diamond, as is common for trade in other goods. Methods for achieving such ends include the cataloging of unique physical diamond features; the "tagging" of diamonds with minute markings; and the creation of certification-of-origin laws to document the origin of diamonds. The Clinton Administration worked to create a certificates of origin-based international diamond trade regime, but sought to ensure that such efforts would not negatively affect the legitimate industry. It also backed marketing reforms and regulatory capacity building in diamond-rich African countries, consulted with the diamond industry, pushed for U.N. sanctions to end the conflict diamond trade, and created an inter-agency group on conflict diamonds. The Bush Administration has pursued policies that broadly mirror those of its predecessor. The United States participates in the Kimberley Process Certification Scheme, a global diamond trade regulation framework. The Administration began implementing the Scheme in the United States with voluntary interim compliance measures, prior to the passage of H.R. 1584 (see below). Several congressional hearings have addressed trade in conflict diamonds. Potential links between terrorism financing and trade in diamonds have garnered increasing congressional attention. The 106th and 107th Congresses considered several diamond-related bills. The 108th Congress passed H.J.Res. 2 in February 2003; it contained several conflict diamond-related provisions. Other conflict diamond bills introduced in the 108th Congress include H.Con.Res. 239 (Watson); S. 760 (Grassley), H.R. 1415 (Houghton), and H.R. 1584 (Houghton). The latter three bills shared many goals in common with H.R. 1584 , an amended version of which was passed by both chambers and signed into law by President Bush, becoming P.L. 108-19 .