CHAPTER II

IMPORT REGIME
Article 5
1
If the United Kingdom competent authority establishes that the conditions in Article 3 are:
a
fulfilled, it shall confirm this on the original certificate and provide the importer with an authenticated and forgery-resistant copy of that confirmed certificate. This confirmation procedure shall take place within 10 working days of the submission of the certificate;
b
not fulfilled, it shall detain the shipment.
2
If the United Kingdom competent authority finds that the failure to fulfil the conditions is not made knowingly or intentionally or is the result of an action by another authority in the exercise of its proper duties, it may proceed with the confirmation and release the shipment, after the necessary remedial measures have been taken to ensure that the conditions are met.
3
The United Kingdom competent authority shall, within one month, inform ... the competent authority of the participant that purportedly issued or validated the certificate for the shipment of any failure to fulfil the conditions.
Words in Art. 5(3) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 8; 2020 c. 1, Sch. 5 para. 1(1)
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)