CHAPTER I

SUBJECT MATTER AND DEFINITIONS
Article 1
This Regulation sets up a
United Kingdom
system of certification and import and export controls for rough diamonds for the purposes of implementing the Kimberley Process certification scheme.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Regulation does not prejudice or substitute any provisions in force relating to customs formalities and controls.
Article 2
For the purposes of this Regulation the following definitions shall apply:
1. ‘Kimberley Process’ means the forum in which the participants have designed an international certification scheme for rough diamonds;
2. ‘Kimberley Process certification scheme’ (hereinafter ‘KP certification scheme’) means the international certification scheme negotiated by the Kimberley Process as set out in Annex I;
3. ‘Participant’ means any State, regional economic integration organisation, WTO-member or separate customs territory that fulfils the requirements of the KP certification scheme
and has notified that fact to the Chair of the KP certification scheme
;
4. ‘certificate’ means a document duly issued and validated by a participant's competent authority identifying a shipment of rough diamonds as being in compliance with the requirements of the KP certification scheme;
5. ‘competent authority’ means the authority designated by a participant to issue, validate or verify certificates;
6. ‘United Kingdom competent authority’ means ‘the Secretary of State’;
7. ‘United Kingdom certificate’ means a certificate issued by the United Kingdom competent authority;
8. ‘conflict diamonds’ means rough diamonds as defined under the KP Certification Scheme;
9. ‘rough diamond’ means a diamond that is unworked or simply sawn, cleaved or bruted and falls under the Harmonised Commodity Description and Coding System 7102 10, 7102 21 and 7102 31 (hereinafter ‘HS code’);
10. ‘imports’ means the physical entering or bringing into any part of the geographical territory of a participant;
11. ‘export’ means the physical leaving or taking out of any part of the geographical territory of a participant;
12. ‘shipment’ means one or more parcels;
13. ‘parcel’ means one or more diamonds that are packed together;
14. ‘parcel of mixed origin’ means a parcel that contains rough diamonds from two or more countries of origin;
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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.
Substituted by Council Regulation (EC) No 254/2003 of 11 February 2003 amending Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds.
Words in Art. 1 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 4(2); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 1 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 4(3); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2(c) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 5(2); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(f) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 5(3); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(g) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 5(4); 2020 c. 1, Sch. 5 para. 1(1)
Art. 2(o)-(q) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 5(5); 2020 c. 1, Sch. 5 para. 1(1)