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Council Regulation (EC) No 2368/2002Show full title
Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds
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CHAPTER IIIU.K.EXPORT REGIME
Article 11U.K.
[F1The export from the [F2United Kingdom] F3... of rough diamonds shall be prohibited unless both of the following conditions are fulfilled:]
(a)
the rough diamonds are accompanied by a corresponding [F4United Kingdom certificate] issued and validated by [F5the United Kingdom competent authority] [F6, or a certificate issued and validated under this Regulation prior to IP completion day];
(b)
the rough diamonds are contained in tamper-resistant containers sealed in accordance with Article 12.
Textual Amendments
F1Substituted 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.
F2Words 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)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 11 omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 14(2); 2020 c. 1, Sch. 5 para. 1(1)
F4Words 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)
F5Words 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)
F6Words in Art. 11(a) inserted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 14(3) (as amended by S.I. 2020/1473, regs. 1, 3); 2020 c. 1, Sch. 5 para. 1(1)
Article 12U.K.
1.[F5The United Kingdom competent authority] may issue a [F4United Kingdom certificate] to an exporter when it has established that:
[F1(a)the exporter has provided conclusive evidence that:
(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.[F5The United Kingdom competent authority] shall not validate a [F4United 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.[F5The 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.[F5The United Kingdom competent authority] shall provide the exporter with an authenticated forgery-resistant copy of the [F4United Kingdom certificate] it has validated. The exporter shall keep any copy accessible for at least three years.
5.The [F4United 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 [F4United Kingdom certificate] shall be returned to F9... [F5the United Kingdom competent authority].
Textual Amendments
F1Substituted 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.
F4Words 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)
F5Words 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)
F7Word 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)
F8Art. 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)
F9Word 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)
Article 13U.K.
If an exporter is a member of a diamond organisation listed [F10in the list of self-regulating diamond organisations, as published by the Secretary of State for the purposes of Article 17], [F5the United Kingdom competent authority] may accept as conclusive evidence of lawful import into the [F11United Kingdom] a signed declaration by the exporter to that effect. Such a declaration shall contain at least the information to be given in an invoice under Article 17(2)(a)(ii).
Textual Amendments
F5Words 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)
F10Words in Art. 13 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 16(2); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 13 substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 16(3); 2020 c. 1, Sch. 5 para. 1(1)
Article 14U.K.
1.If [F5the United Kingdom competent authority] establishes that a shipment of rough diamonds, for which a [F4United Kingdom certificate] is requested, does not fulfil the conditions of Articles 11, 12, or 13, that authority shall detain the shipment.
2.If [F5the 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 release the shipment and proceed with the issuing and validation of a [F4United Kingdom certificate], after the necessary remedial measures have been taken to ensure that the conditions are met.
3.[F5The United Kingdom competent authority] shall, within one month, inform F12... the competent authority of the participant that purportedly issued or validated the certificate for the shipment of any failure to fulfil the conditions.
Textual Amendments
F4Words 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)
F5Words 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)
F12Words in Art. 14(3) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 17; 2020 c. 1, Sch. 5 para. 1(1)
Article 15U.K.
F131.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F142.The United Kingdom competent authority shall keep for at least three years the authenticated copies provided for under Article 12(4) as well as all information received from an exporter to justify the issue and validation of a United Kingdom certificate.
The United Kingdom competent authority shall provide the Chair of the Kimberley Process Certification Scheme with access to those authenticated copies of this information as necessary for the monitoring or facilitation of the KP certification scheme.]
Textual Amendments
F13Art. 15(1) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 18(2); 2020 c. 1, Sch. 5 para. 1(1)
F14Art. 15(2) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 18(3); 2020 c. 1, Sch. 5 para. 1(1)
Article 16U.K.
1.The [F15United Kingdom competent authority] shall consult participants on the practical arrangements for obtaining confirmation of imports of rough diamonds exported from the [F16United Kingdom] covered by a certificate validated by [F5the United Kingdom competent authority].
F172.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words 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)
F15Words in Art. 16(1) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 19(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 16(1) substituted (31.12.2020) by The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 19(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 16(2) omitted (31.12.2020) by virtue of The Kimberley Process Certification Scheme (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/844), regs. 1, 19(3); 2020 c. 1, Sch. 5 para. 1(1)
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