CSMS Message: 12-000539

Effective November 16, 2012, the importation of Burmese-origin articles into the U.S., subject to certain limitations, is authorized by Office of Foreign Assets Control (OFAC) General License No. 18. Exceptions include the importation of Burmese rubies and jadeite, as well as transactions with any person whose property is blocked pursuant to 31 CFR 537.201(a), Executive Order (E.O.) 13448, E.O. 13464, or E.O. 13619.

OFAC General License No. 18 does not remove import prohibitions or restrictions in CBP's regulations at 19 CFR 12.151, as required by the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008.

JADE ACT CERTIFICATIONS: As set forth in 19 CFR 12.151(d), an entry (or withdrawal from warehouse) for consumption of any good classifiable under heading 7103, 7113, or 7116 of the Harmonized Tariff Schedule of the United States serves as an “importer's certification” that any jadeite or rubies contained in such good were not mined or extracted from Burma. Further, 19 CFR 12.151(e) requires an importer to possess a certification from the exporter (“exporter's certification”) certifying that the jadeite or rubies were not mined or extracted from Burma, along with verifiable evidence from the exporter that tracks the jadeite or rubies.

EXCEPTIONS: There are only two instances where the prohibitions and conditions of the JADE Act do not apply. These exceptions are as follows:

1. Jadeite, rubies, and articles of jewelry containing jadeite or rubies that are re-imported into the U.S. after having been exported previously from the U. S. (including those that accompanied an individual outside the U.S. for personal use) if they are re- imported into the U.S. by the same person without having been advanced in value or improved in condition by any process or other means while outside the U.S.
2. Jadeite or rubies mined or extracted from a country other than Burma, and articles of jewelry containing jadeite or rubies mined or extracted from a country other than Burma, imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the U.S.

For questions on CBP's JADE Act requirements, contact CBP's Interagency
Requirements Branch at ogaandimportsafety@dhs.gov.

For information regarding OFAC's General License No. 18, contact OFAC Sanctions and Compliance Guidance at telephone (202) 622-2490 or OFAC's website at http://www.treasury.gov/resource-center/sanctions/Programs/pages/burma.aspx.