Jade Act, (Still in effect as of 10/16/2010)

On July 29, 2008, the President signed into law the Tom Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 (Public Law 110-286) (JADE Act) which, among other things, imposes mandatory blocking sanctions on certain categories of persons enumerated in the JADE Act (as described in the next section), prohibits the importation of jadeite and rubies mined or extracted from Burma (and of articles of jewelry containing such jadeite and rubies), and establishes conditions for the importation of jadeite and rubies mined or extracted from a country other than Burma (and of articles of jewelry containing such jadeite and rubies).

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The Department of the Treasury's Burmese Sanctions Regulations, 31 CFR part 537 (the BSR), implement E.O. 13047, E.O. 13310, and the BFDA. The Department of the Treasury will be amending the BSR to implement E.O. 13448, E.O. 13464, and the JADE Act.

Any person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, a violation of any license, order, regulation, or prohibition of the BSR, E.O. 13448, E.O. 13464, or the blocking provisions of the JADE Act shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both. A civil penalty of $250,000, or twice the amount of the transaction, whichever is greater, may be assessed for each violation. Articles that are imported into the United States in violation of any prohibition of the JADE Act shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States.

NO IMPORTATION OF PRODUCTS OF BURMA - With certain exceptions, goods of Burmese origin, pursuant to rules of origin of U.S. Customs and Border Protection, may not be imported into the United States.

The JADE Act amended the BFDA to prohibit, with certain exceptions, the importation into the United States of jadeite mined or extracted from Burma, rubies mined or extracted from Burma, or articles of jewelry containing such jadeite or rubies. The BFDA, as amended by the JADE Act, defines articles of jewelry to include articles of jewelry classifiable under heading 7113 of the Harmonized Tariff Schedule of the United States (HTS) that contain jadeite or rubies and articles of jadeite or rubies classifiable under heading 7116 of the HTS.

In addition, the JADE Act amended the BFDA to establish certain conditions for the importation into the United States of jadeite mined or extracted from a country other than Burma, rubies mined or extracted from a country other than Burma, or articles of jewelry containing such jadeite or rubies.

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