The applicant sought an order requiring the respondent to check the circumstances behind the issue of a certificate issued by an exporting country as to the compliance of mahogany with the Convention. The Brazilian institute responsible for issuing certificates had suspended their issue, but then had issued them under threat from the local courts. The importer should have known that the Institute was not satisfied that the provenance of the mahogany satisfied the convention.
Held: The importing state had an obligation to check the apparent validity of the certificate issued, but not to check the circumstances behind its issue. The need for commercial certainty required the certificates to be acted upon.
Judges:
Lord Justice Mummery, Lord Justice Laws and Lord Justice Dyson
Citations:
Times 26-Aug-2002, Gazette 10-Oct-2002, [2002] EWCA Civ 1036, [2002] 1 WLR 3304
Links:
Statutes:
Convention on International Trade in Endangered Species of Wild Fauna and Flora 1973, Control of Trade in Endangered Species (Enforcement) Regulations 1997 (SI 1997 No 1372)
Jurisdiction:
England and Wales
Environment, Animals
Updated: 06 June 2022; Ref: scu.174739
