Tom Lantos Block Burmese JADE Act of 2008, finally implemented

Phase-I of the "Tom Lantos Block Burmese JADE Act of 2008" has been put into effect since October 27, 2008. The act calls on all U.S. jewelleers who import and export non-Burmese rubies and jadeite to comply with the specifications of Phase-I, which outlines detailed requirements to import and export non-Burmese rubies and jadeite within and outside the US. With the implementation of the Act, the import of jadeite and rubies of Burma origin has been banned into the US since September 29, 2008. Previously, the US jewelers/exporters and importers who did not meet all mandatory requirements of the Act were granted a 30-day grace to continue importing and export non-Burmese goods. The grace period ended on October 26, 2008.

Phase-I specifies that beginning from October 27, 2008, the US importers and exporters must use new Harmonized Tariff System (HTS) codes when importing all non-Burmese rubies and jadeite and jewellery containing these gemstones. The code is also to be followed while shipments of rubies and jadeite from non-Burmese sources enter the U.S. Importers are required to maintain full records of purchase, manufacture and shipment of non-Burmese goods for five years and submit these records to customs upon being asked.

Exporters are also required to maintain and file specific records, declaring upon entry that the jadeite or rubies have been subject to a system of verifiable controls from mine to first export that demonstrate that the gemstones were not extracted from Burma and that the exporters have records to prove it. This applies also to jewellery containing non-Burmese rubies and jadeite.

Said Cecilia Gardner, JVC president, CEO and general counsel, said "The 'Tom Lantos Block Burmese JADE Act of 2008' has serious and long-term impact on U.S. jewelry manufacturers who import jadeite and rubies. JVC will continue to monitor developments with the agencies working to develop import procedures for non-Burmese ruby and jadeite to inform the trade on further implementation details."

Phase-2 of the Act will be developed over the next few months. Its purpose will be to determine improvements to support additional verification of export controls and to streamline the process.

The importation ban does not apply to Burmese jadeite or rubies that are imported for personal use, by the importer. The bill does not address U.S. sales of any inventory of Burmese jadeite or rubies currently in the U.S., enabling the U.S. jewelers to continue selling their existing such inventories already in the US.