OpenLegislation

Article 12

United Kingdom

Original text. Later amendments are not shown.

1.

F1The United Kingdom competent authority may issue a F2United Kingdom certificate to an exporter when it has established that:

F3(a)

the exporter has provided conclusive evidence that:

  1. (i)

    the rough diamonds for which a certificate is being requested were lawfully imported in accordance with Article 3; F4...

  2. (ii)

    F5...

(b)

the other information requested on the certificate is correct;

(c)

the rough diamonds are effectively destined for arrival in the territory of a participant, and

(d)

the rough diamonds are to be transported in a tamper-resistant container.

2.

The United Kingdom competent authority shall not validate a United Kingdom certificate until it has verified that the content of the container matches the particulars on the corresponding certificate and that the tamper-resistant container containing the rough diamonds has subsequently been sealed on the responsibility of that authority.

3.

The United Kingdom competent authority shall opt for either of the following methods to verify that the content of a container matches the particulars thereon on the certificate:

(a)

it will verify the content of each container; or

(b)

it will identify the containers, the content of which shall be verified, on the basis of a risk analysis or equivalent system that gives due consideration to rough diamond shipments.

4.

The United Kingdom competent authority shall provide the exporter with an authenticated forgery-resistant copy of the United Kingdom certificate it has validated. The exporter shall keep any copy accessible for at least three years.

5.

The United Kingdom certificate shall be valid for export for no more than two months from the date of issue. If the rough diamonds are not exported within this period, the United Kingdom certificate shall be returned to F6... the United Kingdom competent authority.

Annotations

Textual amendments

F1

Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Regulation substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F3

Substituted by Regulation (EU) No 257/2014 of the European Parliament and of the Council of 26 February 2014 amending Council Regulation (EC) No 2368/2002 as regards the inclusion of Greenland in implementing the Kimberley Process certification scheme.

F4

Word in Art. 12(1)(a)(i) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 15(2); 2020 c. 1, Sch. 5 para. 1(1)

F5

Art. 12(1)(a)(ii) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 15(3); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in Art. 12(5) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 15(4); 2020 c. 1, Sch. 5 para. 1(1)